9–19–03 Friday Vol. 68 No. 182 Sept. 19, 2003

Pages 54797–54978

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1 II Federal Register / Vol. 68, No. 182 / Friday, September 19, 2003

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2 III

Contents Federal Register Vol. 68, No. 182

Friday, September 19, 2003

Agriculture Department Cyprodinil, 54808–54818 See Animal and Plant Health Inspection Service Flufenpyr-ethyl, 54834–54843 See Forest Service S-metolachlor, 54827–54834 Water programs: Animal and Plant Health Inspection Service Pollutants analysis test procedures; guidelines— RULES Biological pollutants in ambient water; analytical Interstate transportation of animals and animal products methods; correction, 54934 (quarantine): PROPOSED RULES Exotic Newcastle disease; quarantine area designations— Air pollution control; new motor vehicles and engines: California, 54797–54800 Compression-ignition marine engines at or above 30 liters per cylinder; emission standards; correction, 54960– Blind or Severely Disabled, Committee for Purchase From 54963 People Who Are NOTICES See Committee for Purchase From People Who Are Blind Environmental statements; availability, etc.: or Severely Disabled Agency statements— Comment availability, 54899–54900 Centers for Medicare & Medicaid Services Weekly receipts, 54900–54901 NOTICES Pesticides; emergency exemptions, etc.: Agency information collection activities; proposals, Carbofuran, 54901–54903 submissions, and approvals, 54904–54905 Coast Guard Executive Office of the President RULES See Presidential Documents Drawbridge operations: Florida, 54807–54808 Export-Import Bank NOTICES Commerce Department Meetings; Sunshine Act, 54903 See Foreign-Trade Zones Board See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness standards: Committee for Purchase From People Who Are Blind or Special conditions— Severely Disabled Douglas Models DC-8-61, -61F, -63, -63F, -71, -71F, -72, NOTICES -72F, -73, and -73F airplanes, 54800–54802 Procurement list; additions and deletions, 54886–54887 IFR altitudes, 54802–54803 PROPOSED RULES Defense Department Airworthiness directives: See Navy Department Airbus, 54872–54874 Boeing, 54869–54876 Education Department Dassault, 54866–54868 NOTICES McDonnell Douglas, 54864–54866 Special education and rehabilitative services: Saab, 54862–54864 Individuals with Disabilities Education Act (IDEA)— NOTICES Correspondence; quarterly list, 54895–54897 Meetings: Employment Standards Administration Air Traffic Procedures Advisory Committee, 54930–54931 Commercial Space Transportation Advisory Committee, NOTICES 54931 Minimum wages for Federal and federally-assisted Reports and guidance documents; availability, etc.: construction; general wage determination decisions, Transport category airplanes— 54916–54917 Side-facing seats; policy statement, 54931 Energy Department See Federal Energy Regulatory Commission Federal Communications Commission RULES Environmental Protection Agency Radio stations; table of assignments: RULES Arizona, 54855 Air pollution control; new motor vehicles and engines: Georgia, 54855 Compression-ignition marine engines at or above 30 liters Iowa, 54854–54855 per cylinder; emission standards New York, 54854 Correction, 54955–54960 Oklahoma, 54854 Pesticides; tolerances in food, animal feeds, and raw Various States, 54855–54856 agricultural commodities: Ration stations; table of assignments: Butafenacil, 54818–54827 Georgia, 54856

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PROPOSED RULES Health and Human Services Department Radio stations; table of assignments: See Centers for Medicare & Medicaid Services Alabama and Tennessee, 54878 See Food and Drug Administration Georgia, 54879 See National Institutes of Health Texas, 54878–54879 NOTICES NOTICES Meetings: Rulemaking proceedings; petitions filed, granted, denied, Bioethics, President’s Council, 54904 etc., 54903 Homeland Security Department Federal Election Commission See Coast Guard NOTICES See Federal Emergency Management Agency Meetings; Sunshine Act, 54903–54904 See Immigration and Customs Enforcement Bureau Federal Emergency Management Agency Housing and Urban Development Department RULES NOTICES Flood elevation determinations: Grants and cooperative agreements; availability, etc.: Louisiana, 54851–54852 Facilities to assist homeless— Various States, 54843–54854 Excess and surplus Federal property, 54913 PROPOSED RULES Regulatory waiver requests; quarterly listing, 54935–54954 Flood elevation determinations: Various States, 54877–54878 Immigration and Customs Enforcement Bureau Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 54912–54913 Regional transmission organizations; interstate dispute Interior Department resolution and other issues; commission inquiry, See Fish and Wildlife Service 54897–54899 See Land Management Bureau Federal Reserve System NOTICES Meetings: NOTICES Banks and bank holding companies: Guam War Claims Review Commission, 54913 Formations, acquisitions, and mergers, 54904 Internal Revenue Service Fish and Wildlife Service PROPOSED RULES NOTICES Income taxes: Endangered and threatened species: Defined contribution plans; distribution forms Recovery plans— elimination; correction, 54876–54877 Karner blue butterfly, 54913–54914 International Trade Administration Food and Drug Administration NOTICES RULES Antidumping: Animal drugs, feeds, and related products: Bulk aspirin from— Cyclosporine, 54804 China, 54890–54891 Oxytetracycline injectable solution, 54804–54806 Softwood lumber products from— Pyrantel pamoate suspension, 54803 Canada, 54891–54892 Salinomycin and Chlortetracycline, 54806–54807 Stainless steel plate in coils from— NOTICES Taiwan, 54892–54893 Agency information collection activities; proposals, Antidumping and countervailing duties: submissions, and approvals, 54905–54907 Pasta from— Reports and guidance documents; availability, etc.: Italy, 54888–54890 Fatalities related to blood collection or transfusion; Export trade certificates of review, 54893 notifying FDA, 54907–54908 International Trade Commission Foreign-Trade Zones Board NOTICES NOTICES Import investigations: Applications, hearings, determinations, etc.: Zero-mercury-added alkaline batteries, parts, and Michigan products containing same, 54915–54916 Wacker Chemical Corp.; silicone and ceramics products Meetings; Sunshine Act, 54916 manufacturing and warehousing, 54887 Puerto Rico Labor Department Pepsi-Cola Manufacturing International, Ltd.; soft drink See Employment Standards Administration and juice beverage concentrate manufacturing See Mine Safety and Health Administration plant, 54887–54888 Land Management Bureau Forest Service NOTICES NOTICES Environmental statements; availability, etc.: Meetings: Andrews Management Unit and Steens Mountain Resource Advisory Committees— Cooperative Management and Protection Area, OR, Fresno County, 54886 54914–54915

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Survey plat filings: National Oceanic and Atmospheric Administration Oregon and Washington, 54915 RULES Endangered and threatened species: Sea turtle conservation requirements— Mine Safety and Health Administration Gulf of Mexico and Atlantic Ocean; turtle excluder NOTICES devices; correction, 54934 Safety standard petitions: PROPOSED RULES Elk Run Coal Co., Inc., et al., 54917–54920 Fishery conservation and management: Atlantic highly migratory species— National Aeronautics and Space Administration Atlantic shark, 54885 NOTICES NOTICES Meetings: Committees; establishment, renewal, termination, etc.: Advanced Space Transportation Subcommittee, 54920– Florida Keys National Marine Sanctuary Advisory 54921 Council, 54893–54894 Advisory Council Marine mammals: Task forces, 54921 Taking and importing— Patent licenses; non-exclusive, exclusive, or partially Vandenberg Air Force Base, CA; 30th Space Wing, U.S. exclusive: Air Force; space vehicle and test flight activities; IVEK Corp., 54921 pinnipeds, 54894–54895 Meetings: Pacific Fishery Management Council; correction, 54895 National Credit Union Administration NOTICES Navy Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 54921–54922 Meetings: Marine Corps University Board of Visitors, 54895 Patent licenses; non-exclusive, exclusive, or partially National Crime Prevention and Privacy Compact Council exclusive: NOTICES Unique Technologies, Inc., 54895 Interstate Identification Index System: Fingerprint-based criminal history record checks on Nuclear Regulatory Commission individuals requesting hazardous materials NOTICES endorsement on commercial driver’s license; access Meetings: approval— Nuclear Waste Advisory Committee, 54923–54924 Transportation Security Administration, 54922–54923 Presidential Documents National Highway Traffic Safety Administration PROCLAMATIONS RULES Special observances: Motor vehicle safety standards: Citizenship Day and Constitution Week (Proc. 7705), Child restraint system— 54977–54978 Child restraint anchorage systems; correction, 54861 ADMINISTRATIVE ORDERS Motor vehicle theft prevention standard: Ireland, International Fund for; U.S. contributions Passenger motor vehicle theft data (2001 CY), 54857– (Presidential Determination No. 2003-34 of September 54861 9, 2003), 54965–54967 PROPOSED RULES Israel; delegation of functions to the Secretary of State Motor vehicle safety standards: related to loan guarantees (Memorandum of September Rear impact protection; road construction controlled 12, 2003), 54969 horizontal discharge trailer; exclusion from standard, Korean Peninsula Energy Development Organization; 54879–54885 United States contribution (Presidential Determination No. 2003-37 of September 14, 2003), 54971 Narcotics and drugs: National Institutes of Health Certification for major illicit drug producing and drug NOTICES transit countries (Presidential Determination No. Meetings: 2003-38 of September 15, 2003), 54973–54976 AIDS Research Office Advisory Council, 54908 Clinical trials of drugs in pre-term infants and neonates; Securities and Exchange Commission design and conduct issues and challenges, 54908– NOTICES 54909 Self-regulatory organizations; proposed rule changes: Fogarty International Center Advisory Board, 54909 Cincinnati Stock Exchange, Inc., 54924–54925 National Institute of Child Health and Human Philadelphia Stock Exchange, Inc., 54926–54927 Development, 54909–54911 National Institute of Dental and Craniofacial Research, Small Business Administration 54911 NOTICES National Institute of Diabetes and Digestive and Kidney Disaster loan areas: Diseases, 54910 Montana, 54927 Reports and guidance documents; availability, etc.: New Hampshire, 54927–54928 Pediatric pharmaceutical usage list; information request, Ohio, 54928 54912 Vermont, 54928

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License surrenders: NOTICES Renaissance Capital Corp., 54928 Agency information collection activities; proposals, submissions, and approvals, 54932–54933 State Department NOTICES Art objects; importation for exhibition: Separate Parts In This Issue Christoffer Wilhelm Eckersberg (1783-1853), 54928–54929 Etruscans: An Ancient Culture Revealed, 54929 Part II Schoenberg, Kandinsky, and the Blue Rider, 54929 Housing and Urban Development Department, 54935–54954 Triumph of French Painting: 17th Century Masterpieces from the Museums of FRAME, 54929 Part III Nonprofileration measures imposition: Environmental Protection Agency, 54955–54963 Chinese entity, 54930 Part IV Surface Transportation Board Executive Office of the President, Presidential Documents, NOTICES 54965–54978 Rail carriers: Cost of recovery procedures— Adjustment factor, 54931–54932 Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, reminders, See Federal Aviation Administration and notice of recently enacted public laws. See National Highway Traffic Safety Administration To subscribe to the Federal Register Table of Contents See Surface Transportation Board LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Internal Revenue Service settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7705...... 54977 Administrative Orders: Memorandums: Memorandum of September 12, 2003 ...... 54969 Presidential Determinations: No. 2003–34 of September 9, 2003 ...... 54967 No. 2003–37 of September 14, 2003 ...... 54971 No. 2003–33 of September 15, 2003 ...... 54973 9 CFR 82...... 54797 14 CFR 25...... 54800 95...... 54802 Proposed Rules: 39 (6 documents) ...... 54862, 54864, 54866, 54869, 54872, 54874 21 CFR 520 (2 documents) ...... 54803, 54804 522 (2 documents) ...... 54804, 54806 558...... 54806 26 CFR Proposed Rules: 1...... 54876 33 CFR 117...... 54807 40 CFR 94...... 54956 136...... 54934 180 (4 documents) ...... 54808, 54818, 54827, 54834 Proposed Rules: 94...... 54961 44 CFR 65 (2 documents) ...... 54843, 54845 67 (2 documents) ...... 54851, 54852 Proposed Rules: 67...... 54877 47 CFR 73 (7 documents) ...... 54854, 54855, 54856 Proposed Rules: 73 (3 documents) ...... 54878, 54879 49 CFR 541...... 54857 571...... 54861 596...... 54861 Proposed Rules: 571...... 54879 50 CFR 223...... 54934 Proposed Rules: 635...... 54885

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Rules and Regulations Federal Register Vol. 68, No. 182

Friday, September 19, 2003

This section of the FEDERAL REGISTER You may read any comments that we quarantined areas of birds, poultry, contains regulatory documents having general receive on this docket in our reading products, and materials that could applicability and legal effect, most of which room. The reading room is located in spread END was prohibited or are keyed to and codified in the Code of room 1141 of the USDA South Building, restricted. Further, because the Federal Regulations, which is published under 14th Street and Independence Avenue Secretary of Agriculture declared an 50 titles pursuant to 44 U.S.C. 1510. SW., Washington, DC. Normal reading extraordinary emergency because of The Code of Federal Regulations is sold by room hours are 8 a.m. to 4:30 p.m., END in California, the intrastate the Superintendent of Documents. Prices of Monday through Friday, except movement from the quarantined areas of new books are listed in the first FEDERAL holidays. To be sure someone is there to birds, poultry, products, and materials REGISTER issue of each week. help you, please call (202) 690–2817 that could spread END was prohibited before coming. or restricted, as provided by the APHIS documents published in the regulations in § 82.16. DEPARTMENT OF AGRICULTURE Federal Register, and related Previous Quarantine Actions information, including the names of Animal and Plant Health Inspection organizations and individuals who have On October 1, 2002, END was Service commented on APHIS dockets, are confirmed in the State of California. The available on the Internet at http:// disease was confirmed in backyard 9 CFR Part 82 www.aphis.usda.gov/ppd/rad/ poultry, which are raised on private webrepor.html. premises for hobby, exhibition, and [Docket No. 02–117–10] personal consumption. Over the course FOR FURTHER INFORMATION CONTACT: Dr. of the following months, END was Exotic Newcastle Disease; Removal of Aida Boghossian, Senior Staff Areas From Quarantine confirmed in backyard and commercial Veterinarian, Emergency Programs Staff, poultry on premises elsewhere in VS, APHIS, 4700 River Road Unit 41, AGENCY: Animal and Plant Health California and in backyard poultry in Inspection Service, USDA. Riverdale, MD 20737–1231; (301) 734– Arizona, Nevada, and Texas. 8073. ACTION: Interim rule and request for Consequently, in a series of six interim SUPPLEMENTARY INFORMATION: comments. rules published in the Federal Register Background between November 2002 and May 2003, SUMMARY: We are amending the exotic we amended the regulations in § 82.3(c) Newcastle disease regulations by Exotic Newcastle disease (END) is a by designating specific portions of each removing portions of Kern, Los Angeles, contagious and fatal viral disease of those States as quarantined areas. As Orange, Riverside, San Bernardino, and affecting the respiratory, nervous, and of May 2003, all or portions of three Ventura Counties, CA, from the list of digestive systems of birds and poultry. counties in Arizona, nine counties in quarantined areas. This action removes END is so virulent that many birds and California, two counties in Nevada, restrictions on the movement of birds, poultry die without showing any three counties in New Mexico, and two poultry, and certain other articles from clinical signs. A death rate of almost 100 counties in Texas were designated as those areas. With this action, there are percent can occur in unvaccinated quarantined areas in § 82.3(c). As no longer any areas in the United States poultry flocks. END can infect and cause provided for by the regulations in that are quarantined because of exotic death even in vaccinated poultry. § 82.3(a), these quarantined areas The regulations in ‘‘Subpart A— Newcastle disease. encompassed each area where poultry Exotic Newcastle Disease (END)’’ (9 CFR infected with END were located and a DATES: This interim rule was effective 82.1 through 82.16, referred to below as September 16, 2003. We will consider surrounding geographical area deemed the regulations) were established to by epidemiological evaluation to be all comments that we receive on or prevent the spread of END in the United before November 18, 2003. sufficient to contain all birds or poultry States in the event of an outbreak. In known to be infected with or exposed to ADDRESSES: You may submit comments § 82.3, paragraph (a) provides that any END. by postal mail/commercial delivery or area where birds or poultry infected by e-mail. If you use postal mail/ with END are located will be designated Previous Reductions in Quarantined commercial delivery, please send four as a quarantined area, and that a Areas copies of your comment (an original and quarantined area is any geographical Beginning in May 2003, we began three copies) to: Docket No. 02–117–10, area, which may be a premises or all or releasing areas from quarantine after Regulatory Analysis and Development, part of a State, deemed by Animal and Plant Health Inspection PPD, APHIS, Station 3C71, 4700 River epidemiological evaluation to be Service (APHIS) epidemiologists Road Unit 118, Riverdale, MD 20737– sufficient to contain all birds or poultry determined, based on the results of 1238. Please state that your comment known to be infected with or exposed to extensive investigations conducted in refers to Docket No. 02–117–10. If you END. Arizona, California, Nevada, New use e-mail, address your comment to Prior to the effective date of this Mexico, and Texas, that it was possible [email protected]. Your interim rule, portions of Kern, Los to reduce the size of the quarantined comment must be contained in the body Angeles, Orange, Riverside, San areas in those States. Specifically: of your message; do not send attached Bernardino, and Ventura Counties, CA, • In an interim rule effective May 14, files. Please include your name and were designated as quarantined areas in 2003, and published in the Federal address in your message and ‘‘Docket § 82.3(c) of the regulations. As a result, Register on May 19, 2003 (68 FR 26986– No. 02–117–10’’ on the subject line. the interstate movement from those 26988, Docket No. 02–117–6), we

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reduced the size of the quarantined officials, extension personnel, and Areas That Contained Infected Premises areas in Nevada and Arizona, leaving animal welfare workers. An area where END-positive premises only portions of La Paz County, AZ, and Surveillance efforts were concentrated have been detected is known as an Clark County, NV, as quarantined areas in areas that had at-risk premises. An at- ‘‘infected area.’’ The infected area in in those States. risk premises was defined as a premises California had a total of 920 END- • In an interim rule effective June 5, inhabited by poultry or ratites or that positive premises, 900 of which were 2003, and published in the Federal contained an aviary. Within this located in Kern, Los Angeles, Riverside, Register on June 11, 2003 (68 FR 34779– population, premises considered highest San Bernardino, and Ventura Counties. 34781, Docket No. 02–117–8), we risk were targeted for sampling. High (The remaining 20 END-positive reduced the size of the quarantined risk premises were defined as any premises had been located in San Diego areas in Texas and eliminated the premises with any galliform birds County, CA, which we released from quarantined areas in New Mexico, (chickens, turkeys, pheasant, quail, quarantine in our August 4, 2003, leaving only a portion of El Paso partridge, guinea fowl, pea fowl, etc.), interim rule.) Fourteen of those 900 County, TX, as a quarantined area in columbiform birds (pigeons, doves), or premises were commercial poultry that State. anseriform birds (ducks, geese, swans). premises. All birds on all infected • In an interim rule effective July 30, Other factors considered indicative of premises, and any premises exposed to 2003, and published in the Federal high risk were multiple owners on the those infected premises, were Register on August 4, 2003 (68 FR same premises, premises with sick or depopulated. The date of depopulation 45741–45745, Docket No. 02–117–9), we dead birds, history of movement of on the final END-positive premises in eliminated the last remaining birds, and possible contact with an each county still under quarantine in quarantined areas in Arizona, Nevada, infected premises. the infected area of California was: and Texas and reduced the size of the The sampling period for the small • Ventura County: April 9, 2003; quarantined areas in California, leaving portion of Orange County, CA, that had • Kern County: May 12, 2003; only portions of Kern, Los Angeles, remained under quarantine was from • Riverside County: May 20, 2003; Orange, Riverside, San Bernardino, and July 20 through August 20, 2003. A total • San Bernardino County: May 22, Ventura Counties, CA, as quarantined of 5 at-risk premises were sampled from 2003; and areas in that State. a population of 48 at-risk premises in • Los Angeles County: June 1, 2003. the area. None of the samples yielded a Intensive surveillance and testing of Additional Reductions in Quarantined positive result. both noncommercial and commercial Areas Commercial premises. No commercial poultry premises was carried out in the In this interim rule, we are poultry premises were located in the infected area and resulted in no eliminating the last remaining Orange County, CA, quarantined area. additional END positive premises being quarantined areas in California. The As noted previously, the regulations detected. portion of Orange County that we are in § 82.3(a) provide that any area where Noncommercial premises. An removing from quarantine is an area in birds or poultry infected with END are inventory of at-risk noncommercial which END has not been found, but located will be designated as a premises was developed for the infected which was included in the quarantined quarantined area, and that a quarantined area. Surveillance efforts were then area due to its proximity to areas in area is any geographical area, which concentrated in portions of the infected adjoining counties where END-positive may be a premises or all or part of a area that had at-risk premises. An at-risk premises were found. Our actions with State, deemed by epidemiological premises was defined as a premises respect to Kern, Los Angeles, Riverside, evaluation to be sufficient to contain all inhabited by poultry, ratites, or an San Bernardino, and Ventura birds or poultry known to be infected aviary. Within this population, premises Counties—areas that had, at one time, with or exposed to END. considered highest risk were targeted for contained infected premises—are based APHIS epidemiologists have sampling. upon our determination that the areas in evaluated the results of the In the infected area of Kern, Los those counties meet the criteria investigations conducted in Orange Angeles, Riverside, San Bernardino, and contained in § 82.14 of the regulations County, CA, and have determined that Ventura Counties, CA, all of the for release from quarantine. Our basis we may now eliminate the quarantined sampling was conducted during the for these actions is discussed in greater area in that county. This determination period from June 15 through August 20, detail below. is based on, among other things, the 2003. The majority of the sampling was demonstrated absence of birds or conducted during the period from July Areas in Which END Has Not Been 5 to August 9, 2003. Overall, a total of Found poultry infected with or exposed to END in that area. The regulations in § 82.14 4,544 at-risk premises were sampled No END-positive premises were provide requirements that must be met from a population of 22,745 at-risk detected in Orange County, CA. before an area may be removed from premises in the infected area. Over Surveillance and testing of poultry quarantine, but those requirements 57,500 birds were sampled and tested premises was carried out in this area relate to measures taken with respect to for the END virus. None of the samples and resulted in no END-positive END- infected or -exposed birds and yielded a positive result. premises being detected. poultry, their eggs and manure, and Noncommercial premises. An articles and premises with which such TABLE 1.—AT-RISK NONCOMMERCIAL inventory of at-risk noncommercial birds or their manure or litter have come PREMISES SAMPLED BY COUNTY IN premises was developed for the areas in contact. As there were no END- CALIFORNIA targeted for quarantine release. In infected or -exposed birds or poultry in addition to information previously the portion of Orange County, CA, that Number of prem- collected through eradication activities, has been under quarantine for END, County ises sam- sources of information included local there are no requirements under § 82.14 pled animal control authorities, local law that need to be met before that area can enforcement, county agricultural be removed from quarantine. Kern ...... 56

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TABLE 1.—AT-RISK NONCOMMERCIAL • All parts of all birds and poultry 30 days after publication in the Federal PREMISES SAMPLED BY COUNTY IN that were euthanized or that died from Register. CALIFORNIA—Continued any cause other than slaughter, all eggs We will consider comments that we produced by birds or poultry infected receive during the comment period for Number with or exposed to END, and all manure this interim rule (see DATES above). County of prem- generated by and litter used by birds or After the comment period closes, we ises sam- poultry infected with or exposed to END pled will publish another document in the have been buried at least 6 feet deep and Federal Register. The document will Los Angeles ...... 2,027 covered at the time of burial with soil include a discussion of any comments Riverside ...... 1,229 in a location within the quarantined we receive and any amendments we are San Bernardino ...... 1,142 area that meets all U.S. Environmental making to the rule. Ventura ...... 90 Protection Agency (EPA), State, and local requirements for landfills; Executive Order 12866 and Regulatory Commercial premises. Active weekly • All vehicles with which the birds or Flexibility Act surveillance of commercial poultry poultry infected with or exposed to END This rule has been reviewed under premises in the infected area began as or their excrement or litter have had early as December 2002. All but five Executive Order 12866. For this action, physical contact have been cleaned and the Office of Management and Budget commercial premises with birds have disinfected in the manner prescribed in been under weekly active surveillance has waived its review under Executive § 82.14(f); Order 12866. for at least 6 weeks and have a • All cages, coops, containers, This rule amends the regulations by documented biosecurity protocol in troughs, and other equipment used for place. Of the remaining five commercial removing portions of Kern, Los Angeles, birds or poultry infected with or Orange, Riverside, San Bernardino, and premises, one (a premises with quail) exposed to END or their excrement or has been under weekly active Ventura Counties, CA, from the list of litter have been reduced to ashes by quarantined areas. This action needs to surveillance for at least 4 weeks and incineration or have been cleaned and four (two with ostriches, one with be made effective immediately in order disinfected in the manner prescribed in ducks, and one hatchery) are under to remove restrictions on the movement § 82.14(g); and passive surveillance. All these • of birds, poultry, and certain other commercial premises must report any The premises where birds or articles from those areas that are no significant increase in death losses or poultry infected with or exposed to END longer necessary. were located have been cleaned and the occurrences of clinical signs This situation makes timely consistent with END. disinfected in the manner prescribed in § 82.14(h). compliance with section 604 of the A total of 93 commercial poultry Regulatory Flexibility Act (5 U.S.C. 601 premises are located in the infected Conclusion et seq.) impracticable. We are currently area, of which 72 premises had birds assessing the potential economic effects present. The 21 other commercial Based on the information presented above, we are amending § 82.3(c) in this of this action on small entities. Based on premises are egg processors and did not that assessment, we will either certify participate in active surveillance. interim rule by removing the remaining portions of Kern, Los Angeles, Orange, that the rule will not have a significant Fourteen of the 72 premises that had economic impact on a substantial birds present were found to be infected, Riverside, San Bernardino, and Ventura Counties, CA, from the list of number of small entities or publish a and 1 premises was found to have been final regulatory flexibility analysis. exposed to infected premises; all 15 quarantined areas because the were depopulated, and 6 other premises continued quarantine of these areas is Executive Order 12372 were emptied of birds by their owners no longer necessary to contain all birds This program/activity is listed in the for other reasons. With 5 of the 15 and poultry infected with or exposed to Catalog of Federal Domestic Assistance depopulated premises having been END. With this action, there are no under No. 10.025 and is subject to repopulated, there were 56 premises longer any areas in the United States Executive Order 12372, which requires with birds in the infected area. A that are quarantined because of END. intergovernmental consultation with representative sampling of either live or Immediate Action State and local officials. (See 7 CFR part dead birds from each poultry house on 3015, subpart V.) 52 of those 56 premises with birds was Immediate action is warranted to performed weekly. The other four relieve restrictions that are no longer Executive Order 12988 commercial premises with birds were necessary. We have determined that under passive surveillance. Sample portions of Kern, Los Angeles, Orange, This rule has been reviewed under collection was done by either an Riverside, San Bernardino, and Ventura Executive Order 12988, Civil Justice accredited veterinarian or authorized Counties, CA, may now be removed Reform. This rule: (1) Preempts all State company personnel. No END positive from the list of areas quarantined and local laws and regulations that are premises were found. because of END. Therefore, immediate in conflict with this rule; (2) has no We have determined that all action is warranted to relieve the retroactive effect; and (3) does not applicable requirements of § 82.14 to prohibitions or restrictions that have require administrative proceedings remove an area from quarantine have applied to the movement of birds, before parties may file suit in court been met with respect to the remaining poultry, products, and other materials challenging this rule. areas in California. Specifically, we from those areas. Under these Paperwork Reduction Act have determined the following: circumstances, the Administrator has • All birds and poultry exposed to determined that prior notice and This interim rule contains no END have been found to be free of END opportunity for public comment are information collection or recordkeeping or have been euthanized; contrary to the public interest and that requirements under the Paperwork • All birds and poultry infected with there is good cause under 5 U.S.C. 553 Reduction Act of 1995 (44 U.S.C. 3501 END have been euthanized; for making this action effective less than et seq.).

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List of Subjects in 9 CFR Part 82 altimeters, air data computer, and closing date. If you wish to review the Animal diseases, Poultry and poultry standby altimeter. The applicable docket in person, go to the address in products, Quarantine, Reporting and airworthiness regulations do not contain the ADDRESSES section of this preamble recordkeeping requirements, adequate or appropriate safety standards between 7:30 a.m. and 4:00 p.m., Transportation. for the protection of these systems from Monday through Friday, except Federal the effects of high intensity radiated holidays. Accordingly, 9 CFR part 82 is amended fields (HIRF). These special conditions We will consider all comments we as follows: contain the additional safety standards receive on or before the closing date for PART 82—EXOTIC NEWCASTLE that the Administrator considers comments. We will consider comments DISEASE (END) AND CHLAMYDIOSIS necessary to establish a level of safety filed late if it is possible to do so equivalent to that provided by the without incurring expense or delay. We 1. The authority citation for part 82 existing airworthiness standards. may change these special conditions continues to read as follows: DATES: The effective date of these based on the comments we receive. If you want the FAA to acknowledge Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, special conditions is September 10, 2.80, and 371.4. 2003. Comments must be received on or receipt of your comments on these before October 20, 2003. special conditions, include with your 2. In § 82.3, paragraph (c) is revised to comments a pre-addressed, stamped ADDRESSES: read as follows: Comments on these special postcard on which the docket number conditions may be mailed in duplicate § 82.3 Quarantined areas. appears. We will stamp the date on the to: Federal Aviation Administration, postcard and mail it back to you. * * * * * Transport Airplane Directorate, Attn: (c) The following areas are Rules Docket (ANM–113), Docket No. Background quarantined because of END: There are NM265, 1601 Lind Avenue SW., On November 25, 2002, ABX Air Inc. no areas in the United States Renton, Washington, 98055–4056; or applied for a supplemental type quarantined because of END. delivered in duplicate to the Transport certificate (STC) to modify Douglas Done in Washington, DC this 16th day of Airplane Directorate at the above Models DC–8–61, –61F, –63, –63F, –71, September 2003. address. All comments must be marked: –71F, –72, –72F, –73, and –73F Bobby R. Acord, Docket No. NM265. airplanes. These models are currently Administrator, Animal and Plant Health FOR FURTHER INFORMATION CONTACT: Greg approved under Type Certificate 4A25. Inspection Service. Dunn, FAA, Airplane and Flight Crew The modification incorporates the [FR Doc. 03–23953 Filed 9–18–03; 8:45 am] Interface Branch, ANM–111, Transport installation of the IS&S Duplex RVSM BILLING CODE 3410–34–P Airplane Directorate, Aircraft system which will allow for the removal Certification Service, 1601 Lind Avenue of the existing altitude alerter, encoding SW., Renton, Washington, 98055–4056; altimeters, air data computer, and DEPARTMENT OF TRANSPORTATION telephone (425) 227–2799; facsimile standby altimeter. This system uses two (425) 227–1149. Air Data Display Units (ADDU) and a Federal Aviation Administration SUPPLEMENTARY INFORMATION: single Analog Interface Unit (AIU) to replace altitude displays and the air Comments Invited 14 CFR Part 25 data computer. These displays can be The FAA has determined that notice susceptible to disruption to both [Docket No. NM265, Special Conditions No. and opportunity for prior public command and response signals as a 25–247–SC ] comment are impracticable because result of electrical and magnetic Special Conditions: Douglas Models these procedures would significantly interference. This disruption of signals DC–8–61, –61F, –63, –63F, –71, –71F, delay certification of the airplane and could result in the loss of all critical –72, –72F, –73, and –73F Airplanes; thus delivery of the affected aircraft. In flight information displays and High Intensity Radiated Fields (HIRF) addition, the substance of these special annunciations or the presentation of conditions has been subject to the misleading information to the pilot. AGENCY: Federal Aviation public comment process in several prior Type Certification Basis Administration (FAA), DOT. instances with no substantive comments ACTION: Final special conditions; request received. The FAA therefore finds that Under the provisions of 14 CFR for comments. good cause exists for making these 21.101, ABX Air Inc. must show that special conditions effective upon Douglas Models DC–8–61, –61F, –63, SUMMARY: These special conditions are issuance; however, the FAA invites –63F, –71, –71F, –72, –72F, –73, and issued for Douglas Models DC–8–61, interested persons to participate in this –73F airplanes, as changed, continue to –61F, –63, –63F, –71, –71F, –72, –72F, rulemaking by submitting written meet the applicable provisions of the –73, and –73F airplanes modified by comments, data, or views. The most regulations incorporated by reference in ABX Air, Inc. These airplanes, as helpful comments reference a specific Type Certificate No. 4A25, or the modified by ABX Air, Inc., will have portion of the special conditions, applicable regulations in effect on the novel and unusual design features when explain the reason for any date of application for the change. The compared to the state of technology recommended change, and include regulations incorporated by reference in envisioned in the airworthiness supporting data. We ask that you send the type certificate are commonly standards for transport category us two copies of written comments. referred to as the ‘‘original type airplanes. The modification We will file in the docket all certification basis.’’ The certification incorporates the installation of the comments we receive, as well as a basis for the modified Douglas Models Innovative Solutions and Support report summarizing each substantive DC–8–61, –61F, –63, –63F, –71, –71F, (IS&S) Duplex Reduced Vertical public contact with FAA personnel –72, –72F, –73, and –73F airplanes Separation Minimum (RVSM) system concerning these special conditions. include 14 CFR part 25 effective which will allow for the removal of the The docket is available for public February 1, 1965 as described in Type existing altitude alerter, encoding inspection before and after the comment Certificate Data Sheet 4A25.

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If the Administrator finds that the electronic systems, such as the ADDU, Field strength applicable airworthiness regulations that perform critical functions, be Frequency (volts per meter) (i.e., part 25, as amended) do not designed and installed to preclude contain adequate or appropriate safety component damage and interruption of Peak Average standards for the Douglas Models DC–8– function due to both the direct and 12 GHz–18 GHz 2000 200 61, –61F, –63, –63F, –71, –71F, –72, indirect effects of HIRF. 18 GHz–40 GHz 600 200 –72F, –73, and –73F airplanes because High-Intensity Radiated Fields (HIRF) of a novel or unusual design feature, The field strengths are expressed in terms With the trend toward increased of peak of the root-mean-square (rms) over special conditions are prescribed under the complete modulation period. the provisions of § 21.16. power levels from ground-based In addition to the applicable transmitters, and the advent of space The threat levels identified above are airworthiness regulations and special and satellite communications, coupled the result of an FAA review of existing conditions, the Douglas Models DC–8– with electronic command and control of studies on the subject of HIRF, in light 61, –61F, –63, –63F, –71, –71F, –72, the airplane, the immunity of critical of the ongoing work of the –72F, –73, and –73F airplanes must digital avionic/electronics and electrical Electromagnetic Effects Harmonization comply with the fuel vent and exhaust systems to HIRF must be established. Working Group of the Aviation emission requirements of 14 CFR part It is not possible to precisely define Rulemaking Advisory Committee. 34 and the noise certification the HIRF to which the airplane will be Applicability requirements of 14 CFR part 36. exposed in service. There is also Special conditions, as defined in uncertainty concerning the effectiveness As discussed above, these special § 11.19, are issued in accordance with of airframe shielding for HIRF. conditions are applicable Douglas § 11.38 and become part of the type Furthermore, coupling of Models DC–8–61, –61F, –63, –63F, –71, certification basis in accordance with electromagnetic energy to cockpit- –71F, –72, –72F, –73, and –73F § 21.101. installed equipment through the cockpit airplanes modified by ABX Air Inc. Special conditions are initially window apertures is undefined. Based Should ABX Air Inc. apply at a later applicable to the models for which they on surveys and analysis of existing HIRF date for a supplemental type certificate are issued. Should ABX Air, Inc., apply emitters, an adequate level of protection to modify any other model included on at a later date for a supplemental type exists when compliance with the HIRF Type Certificate No. 4A25 to incorporate certificate to modify any other models protection special condition is shown the same or similar novel or unusual included on Type certificate No. 4A25 with either paragraph 1 or 2 below: design feature, these special conditions to incorporate the same or similar novel 1. A minimum threat of 100 volts rms would apply to that model as well or unusual design feature, the special (root-mean-square) per meter electric under the provisions of § 21.101. conditions would also apply to the other field strength from 10 KHz to 18 GHz. Conclusion model under the provisions of § 21.101. a. The threat must be applied to the system elements and their associated This action affects only certain novel Novel or Unusual Design Features wiring harnesses without the benefit of or unusual design features on Douglas The modified Douglas Models DC–8– airframe shielding. Models DC–8–61, –61F, –63, –63F, –71, 61, –61F, –63, –63F, –71, –71F, –72, b. Demonstration of this level of –71F, –72, –72F, –73, and –73F –72F, –73, and –73F airplanes will protection is established through system airplanes modified by ABX Air Inc. It is incorporate a new altitude display tests and analysis. not a rule of general applicability and system, the Innovative Solutions and 2. A threat external to the airframe of affects only the applicant who applied Support (IS&S) Duplex Reduced Vertical the field strengths indicated in the table to the FAA for approval of these features Separation Minimum (RVSM) system, below for the frequency ranges on these airplanes. which was not available at the time of indicated. Both peak and average field The substance of these special certification of these airplanes, that strength components from the table conditions has been subjected to the performs critical functions. This system below are to be demonstrated. notice and comment procedure in may be vulnerable to high-intensity several prior instances and has been radiated fields (HIRF) external to the Field strength derived without substantive change (volts per meter) airplane. Frequency from those previously issued. Because a delay would significantly affect the Peak Average Discussion certification of the airplane, which is There is no specific regulation that 10 kHz–100 kHz 50 50 imminent, the FAA has determined that addresses protection requirements for 100 kHz–500 prior public notice and comment are electrical and electronic systems from kHz ...... 50 50 unnecessary and impracticable, and HIRF. Increased power levels from 500 kHz–2 MHz 50 50 good cause exists for adopting these ground-based radio transmitters and the 2 MHz–30 MHz 100 100 special conditions upon issuance. The 30 MHz–70 MHz 50 50 FAA is requesting comments to allow growing use of sensitive electrical and 70 MHz–100 electronic systems to command and MHz ...... 50 50 interested persons to submit views that control airplanes have made it necessary 100 MHz–200 may not have been submitted in to provide adequate protection. MHz ...... 100 100 response to the prior opportunities for To ensure that a level of safety is 200 MHz–400 comment described above. MHz ...... 100 100 achieved equivalent to that intended by List of Subjects in 14 CFR Part 25 the regulations incorporated by 400 MHz–700 reference, special conditions are needed MHz ...... 700 50 Aircraft, Aviation safety, Reporting 700 MHz–1 GHz 700 100 for the Douglas Models DC–8–61, –61F, and recordkeeping requirements. 1 GHz–2 GHz ... 2000 200 The authority citation for these special –63, –63F, –71, –71F, –72, –72F, –73, 2 GHz–4 GHz ... 3000 200 and –73F airplanes, modified by ABX 4 GHz–6 GHz ... 3000 200 conditions is as follows: Air, Inc. These special conditions 6 GHz–8 GHz ... 1000 200 Authority: 49 U.S.C. 106(g), 40113, 44701, require that new electrical and 8 GHz–12 GHz 3000 300 44702, 44704.

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The Special Conditions certain Federal airways, jet routes, or effective date of this amendment reflects direct routes for which a minimum or those considerations. In view of the Accordingly, pursuant to the authority maximum en route authorized IFR close and immediate relationship delegated to me by the Administrator, altitude is prescribed. This regulatory between these regulatory changes and the following special conditions are action is needed because of changes safety in air commerce, I find that notice issued as part of the type certification occurring in the National Airspace and public procedure before adopting basis for Douglas Models DC–8–61, System. These changes are designed to this amendment are impracticable and –61F, –63, –63F, –71, –71F, –72, –72F, provide for the safe and efficient use of contrary to the public interest and that –73, and –73F airplanes modified by the navigable airspace under instrument good cause exists for making the ABX Air Inc. conditions in the affected areas. amendment effective in less than 30 1. Protection from Unwanted Effects days. of High-Intensity Radiated Fields EFFECTIVE DATE: 0901 UTC, October 30, (HIRF). Each electrical and electronic 2003. Conclusion system that performs critical functions FOR FURTHER INFORMATION CONTACT: must be designed and installed to Donald P. Pate, Flight Procedure The FAA has determined that this ensure that the operation and Standards Branch (AMCAFS–420), regulation only involves an established operational capability of these systems Flight Technologies and Programs body of technical regulations for which to perform critical functions are not Division, Flight Standards Service, frequent and routine amendments are adversely affected when the airplane is Federal Aviation Administration, Mike necessary to keep them operationally exposed to high-intensity radiated Monroney Aeronautical Center, 6500 current. It, therefore—(1) Is not a fields. South MacArthur Blvd., Oklahoma City, ‘‘significant regulatory action’’ under 2. For the purpose of these special OK 73169 (Mail Address: P.O. Box Executive Order 12866; (2) is not a conditions, the following definition 25082 Oklahoma City, OK 73125) ‘‘significant rule’’ under DOT applies: telephone: (405) 954–4164. Regulatory Policies and Procedures (44 Critical Functions. Functions whose SUPPLEMENTARY INFORMATION: This FR 11034; February 26, 1979); and (3) failure would contribute to or cause a amendment to part 95 of the Federal does not warrant preparation of a failure condition that would prevent the Aviation Regulations (14 CFR part 95) regulatory evaluation as the anticipated continued safe flight and landing of the amends, suspends, or revokes IFR impact is so minimal. For the same airplane. altitudes governing the operation of all reason, the FAA certifies that this aircraft in flight over a specified route amendment will not have a significant Issued in Renton, Washington, on economic impact on a substantial September 10, 2003. or any portion of that route, as well as number of small entities under the Ali Bahrami, the changeover points (COPs) for Federal airways, jet routes, or direct criteria of the Regulatory Flexibility Act. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. routes as prescribed in part 95. List of Subjects in 14 CFR Part 95 [FR Doc. 03–23970 Filed 9–18–03; 8:45 am] The Rule Airspace, Navigation (air). BILLING CODE 4910–13–P The specified IFR altitudes, when Issued in Washington, D.C. on September used in conjunction with the prescribed 15, 2003. changeover points for those routes, DEPARTMENT OF TRANSPORTATION James J. Ballough, ensure navigation aid coverage that is Director, Flight Standards Service. Federal Aviation Administration adequate for safe flight operations and free of frequency interference. The Adoption of the Amendment reasons and circumstances that create 14 CFR Part 95 the need for this amendment involve Accordingly, pursuant to the authority [Docket No. 30389; Amdt. No. 444] matters of flight safety and operational delegated to me by the Administrator, efficiency in the National Airspace part 95 of the Federal Aviation IFR Altitudes; Miscellaneous System, are related to published Regulations (14 CFR part 95) is amended Amendments aeronautical charts that are essential to as follows effective at 0901 UTC, 1. The authority citation for part 95 AGENCY: Federal Aviation the user, and provide for the safe and Administration (FAA), DOT. efficient use of the navigable airspace. continues to read as follows: ACTION: Final rule. In addition, those various reasons or Authority: 49 U.S.C. 106(g), 40103, 40106, circumstances require making this 40113, 40114, 40120, 44502, 44514, 44719, SUMMARY: This amendment adopts amendment effective before the next 44721. miscellaneous amendments to the scheduled charting and publication date required IFR (instrument flight rules) of the flight information to assure its 2. Part 95 is amended to read as altitudes and changeover points for timely availability to the user. The follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS [Amendment 444 Effective Date October 30, 2003]

From To MEA

§ 95.6013 VOR Federal Airway 13 is amended to Read in Part

McAllen, TX VOR/DME ...... Manny, TX FIX ...... *5000 *1600—MOCA

§ 95.6017 VOR Federal Airway 17 is amended to Read in Part

Brownsville, TX Vortac ...... Harlingen, TX VOR/DME ...... 1600

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued [Amendment 444 Effective Date October 30, 2003]

From To MEA

Harlingen, TX VOR/DME ...... McAllen, TX VOR/DME ...... 2400 McAllen, TX VOR/DME ...... Fator, TX INT ...... *2500 *1700—MOCA Fator, TX FIX ...... *Nelee, TX FIX ...... **4000 *5500—MRA **2400—MOCA Nelee, TX FIX ...... Laredo, TX VORTAC ...... 2500

§ 95.6033 VOR Federal Airway 33 is Amended to Read in Part

Bradford, PA VOR/DME ...... Vairs, NY FIX ...... #*10,000 *4,800—MOCA Vairs, NY FIX ...... Buffalo, NY VOR/DME ...... #*5,000 *4,000—MOCA

# BFD R–006 Unusable, Use BUF R–187

§ 95.6407 VOR Federal Airway 407 is Amended to Read in Part

Brownsvile, TX VORTAC ...... Harlingen, TX VOR/DME. Harlingen, TX VOR/DME ...... Jimie, TX INT ...... 1700 From To MEA MAA

§ 95.7001 Jet Routes § 95.7231 Jet Route No. 231 is Amended to Read in Part Twentynine Palms, CA VORTAC Hippi, AZ FIX ...... 23000 4000

[FR Doc. 03–23968 Filed 9–18–03; 8:45 am] Elgin, IL 60123, filed ANADA 200–353 it is a rule of ‘‘particular applicability.’’ BILLING CODE 4910–13–P for PRIMEX (pyrantel pamoate) Equine Therefore, it is not subject to Anthelmintic Suspension for oral use in congressional review requirements in 5 horses and ponies for the removal and U.S.C. 801–808. DEPARTMENT OF HEALTH AND control of various internal parasites. HUMAN SERVICES First Priority’s PRIMEX Equine List of Subjects in 21 CFR Part 520 Anthelmintic Suspension is approved as Animal drugs. Food and Drug Administration a generic copy of Pfizer, Inc.’s STRONGID T, approved under NADA Therefore, under the Federal Food, 21 CFR Part 520 91–739. ANADA 200–353 is approved Drug, and Cosmetic Act and under as of August 19, 2003, and the authority delegated to the Commissioner Oral Dosage Form New Animal Drugs; regulations are amended in 21 CFR of Food and Drugs and redelegated to the Pyrantel Pamoate Suspension 520.2043 to reflect the approval. The Center for Veterinary Medicine, 21 CFR AGENCY: Food and Drug Administration, basis of approval is discussed in the part 520 is amended as follows: HHS. freedom of information summary. In accordance with the freedom of PART 520—ORAL DOSAGE FORM ACTION: Final rule. information provisions of 21 CFR part NEW ANIMAL DRUGS SUMMARY: The Food and Drug 20 and 21 CFR 514.11(e)(2)(ii), a Administration (FDA) is amending the summary of safety and effectiveness 1. The authority citation for 21 CFR animal drug regulations to reflect data and information submitted to part 520 continues to read as follows: approval of an abbreviated new animal support approval of this application Authority: 21 U.S.C. 360b. drug application (ANADA) filed by First may be seen in the Division of Dockets Priority, Inc. The ANADA provides for Management (HFA–305), Food and Drug § 520.2043 [Amended] oral use of pyrantel pamoate suspension Administration, 5630 Fishers Lane, rm. 2. Section 520.2043 Pyrantel pamoate in horses and ponies for the removal 1061, Rockville, MD 20852, between 9 and control of various internal parasites. a.m. and 4 p.m., Monday through suspension is amended in paragraph Friday. (b)(1) by removing ‘‘000069’’ and adding DATES: This rule is effective September in its place ‘‘000069, 058829,’’. 19, 2003. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type Dated: September 11, 2003. FOR FURTHER INFORMATION CONTACT: that does not individually or Linda Tollefson, Lonnie W. Luther, Center for Veterinary cumulatively have a significant effect on Medicine (HFV–104), Food and Drug the human environment. Therefore, Deputy Director, Center for Veterinary Administration, 7519 Standish Pl., neither an environmental assessment Medicine. Rockville, MD 20855, 301–827–8549, e- nor an environmental impact statement [FR Doc. 03–23943 Filed 9–18–03; 8:45 am] mail: [email protected]. is required. BILLING CODE 4160–01–S SUPPLEMENTARY INFORMATION: First This rule does not meet the definition Priority, Inc., 1585 Todd Farm Dr., of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because

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DEPARTMENT OF HEALTH AND nor an environmental impact statement DEPARTMENT OF HEALTH AND HUMAN SERVICES is required. HUMAN SERVICES This rule does not meet the definition Food and Drug Administration Food and Drug Administration of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 21 CFR Part 520 it is a rule of ‘‘particular applicability.’’ 21 CFR Part 522 Therefore, it is not subject to the Oral Dosage Form New Animal Drugs; congressional review requirements in 5 Implantation or Injectable Dosage Cyclosporine U.S.C. 801–808. Form New Animal Drugs; Oxytetracycline Injection AGENCY: Food and Drug Administration, List of Subjects in 21 CFR Part 520 HHS. AGENCY: Food and Drug Administration, Animal drugs. ACTION: Final rule. HHS. Therefore, under the Federal Food, ACTION: Final rule. SUMMARY: The Food and Drug Drug, and Cosmetic Act and under SUMMARY: The Food and Drug Administration (FDA) is amending the authority delegated to the Commissioner animal drug regulations to reflect Administration (FDA) is amending the of Food and Drugs and redelegated to the approval of a new animal drug animal drug regulations to reflect Center for Veterinary Medicine, 21 CFR application (NADA) filed by Novartis approval of a hybrid new animal drug Animal Health US, Inc. The NADA part 520 is amended as follows: application (NADA) filed by Norbrook provides for the veterinary prescription Laboratories, Ltd. The NADA provides PART 520—ORAL DOSAGE FORM for the prescription and over-the- use of cyclosporine by oral capsule for NEW ANIMAL DRUGS the control of atopic dermatitis in dogs. counter use of a 300 milligram per milliliter (mg/mL) oxytetracycline DATES: This rule is effective September 1. The authority citation for 21 CFR 19, 2003. injectable solution for the treatment of part 520 continues to read as follows: various bacterial diseases of cattle and FOR FURTHER INFORMATION CONTACT: swine, and for the control of respiratory Melanie R. Berson, Center for Veterinary Authority: 21 U.S.C. 360b. disease in cattle at high risk of Medicine (HFV–110), Food and Drug 2. Section 520.522 is added to read as developing bovine respiratory disease Administration, 7500 Standish Pl., follows: (BRD). Rockville, MD 20855, 301–827–7543, e- mail: [email protected]. § 520.522 Cyclosporine. DATES: This rule is effective September 19, 2003. SUPPLEMENTARY INFORMATION: Novartis (a) Specifications. Each capsule FOR FURTHER INFORMATION CONTACT: Joan Animal Health US, Inc., 3200 Northline contains 10, 25, 50, or 100 milligrams C. Gotthardt, Center for Veterinary Ave., suite 300, Greensboro, NC 27408, (mg) cyclosporine. filed NADA 141–218 that provides for Medicine (HFV–130), Food and Drug the veterinary prescription use of (b) Sponsor. See No. 058198 in Administration, 7500 Standish Pl., ATOPICA (cyclosporine) Capsules for § 510.600(c) of this chapter. Rockville, MD 20855, 301–827–7571, e- the control of atopic dermatitis in dogs (c) [Reserved] mail: [email protected]. weighing at least 4 pounds body weight. (d) Conditions of use in dogs—(1) SUPPLEMENTARY INFORMATION: Norbrook The NADA is approved as of August 15, Amount. 5 mg per kilogram of body Laboratories, Ltd., Station Works, Newry, BT35 6JP, Northern Ireland, 2003, and part 520 (21 CFR part 520) is weight given orally as a single daily filed NADA 141–143, a hybrid amended by adding new § 520.522 to dose for 30 days. Following this initial application that provides for veterinary reflect the approval. The basis of daily treatment period, the dosage may approval is discussed in the freedom of prescription use of TETRADURE 300 be tapered by decreasing the frequency information summary. (oxytetracycline) Injection and over-the- In accordance with the freedom of of administration to every other day or counter use of Oxytetracycline Injection information provisions of 21 CFR part two times a week, until a minimum 300 mg/mL for the treatment of various 20 and 21 CFR 514.11(e)(2)(ii), a frequency is reached which will bacterial diseases of cattle and swine. summary of safety and effectiveness maintain the desired therapeutic effect. Norbrook Laboratories’ TETRADURE data and information submitted to (2) Indications for use. For the control 300 Injection and Oxytetracycline support approval of this application of atopic dermatitis in dogs weighing at Injection 300 mg/mL are approved as may be seen in the Division of Dockets least 4 pounds body weight. generic copies of Pfizer’s LIQUAMYCIN LA–200, approved under NADA 113– Management (HFA–305), Food and Drug (3) Limitations. Federal law restricts Administration, 5630 Fishers Lane, rm. 232. TETRADURE 300 Injection is also this drug to use by or on the order of 1061, Rockville, MD 20852, between 9 indicated for the control of respiratory a licensed veterinarian. a.m. and 4 p.m., Monday through disease in cattle at high risk of Friday. Dated: September 11, 2003. developing BRD associated with Under section 512(c)(2)(F)(ii) of the Linda Tollefson, Mannheimia (Pasteurella) haemolytica. Federal Food, Drug, and Cosmetic Act Deputy Director, Center for Veterinary The application is approved as of July (21 U.S.C. 360b(c)(2)(F)(ii)), this Medicine. 25, 2003, and the regulations in part 522 approval qualifies for 3 years of [FR Doc. 03–23944 Filed 9–18–03; 8:45 am] (21 CFR part 522) are amended to reflect marketing exclusivity beginning August the approval by revising § 522.1660 and 15, 2003. BILLING CODE 4160–01–S by adding § 522.1660b. The basis of The agency has determined under 21 approval is discussed in the freedom of CFR 25.33(d)(1) that this action is of a information summary. type that does not individually or NADA 141–143 is a hybrid cumulatively have a significant effect on application as defined in the Center for the human environment. Therefore, Veterinary Medicine’s Seventh Generic neither an environmental assessment Animal Drug Policy Letter, dated March

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20, 1991. The data submitted in support List of Subject in 21 CFR Part 522 retreatment of calves and yearlings for of this hybrid NADA satisfy the Animal drugs. bacterial pneumonia is impractical or requirements of section 512(b)(1) and for treatment of infectious bovine (b)(2) of the Federal Food, Drug, and Therefore, under the Federal Food, keratoconjunctivitis (pinkeye) caused by Cosmetic Act (the act) (21 U.S.C. Drug, and Cosmetic Act and under Moraxella bovis. authority delegated to the Commissioner 360b(b)(1) and (b)(2)) and 21 CFR part (D) 9 to 13.6 mg/lb BW of Food and Drugs and redelegated to the 514 of the regulations. This hybrid intramuscularly or subcutaneously as Center for Veterinary Medicine, 21 CFR application relies on the approval of the single dosage where retreatment of part 522 is amended as follows: pioneer animal drug product, a 200 mg/ calves and yearlings for bacterial mL solution of oxytetracycline, to the PART 522—IMPLANTATION OR pneumonia is impractical or for extent that such reliance is allowed INJECTABLE DOSAGE FORM NEW treatment of infectious bovine under section 512(n) of the act, to ANIMAL DRUGS keratoconjunctivitis (pinkeye) caused by establish the safety and effectiveness of Moraxella bovis. the active ingredient, oxytetracycline. 1. The authority citation for 21 CFR (E) 13.6 mg/lb BW intramuscularly or This is the section 512(b)(2) portion of part 522 continues to read as follows: subcutaneously as a single dosage for the hybrid application. It also contains Authority: 21 U.S.C. 360b. control of respiratory disease in cattle at data to support a change from the high risk of developing BRD associated pioneer product formulation to a generic 2. Section 522.1660 is amended by with Mannheimia (Pasteurella) product of greater concentration, 300 revising the section heading to read as haemolytica. mg/mL; to support use in cattle at a follows: (ii) Limitations. Treatment should be higher dosage of 13.6 mg/lb bodyweight; § 522.1660 Oxytetracycline injection, 200 continued 24 to 48 hours following and to support use for the control of milligram/milliliter. remission of disease signs, however, not respiratory disease in cattle at high risk to exceed a total of four consecutive of developing BRD. These are the 3. Section 522.1660a is added to read as follows: days. Do not inject more than 10 mL per section 512(b)(1) portions of the hybrid site in adult cattle, reducing the volume application. § 522.1660a Oxytetracycline injection, 300 according to age and body size to 1 to In accordance with the freedom of milligram/milliliter. 2 mL in small calves. Exceeding the information provisions of 21 CFR part (a) Specifications. Each milliliter (mL) highest recommended level of drug/lb 20 and 21 CFR 514.11(e)(2)(ii), a of solution contains 300 milligrams (mg) BW/day, administering more than the summary of safety and effectiveness oxytetracycline base. recommended number of treatments, data and information submitted to (b) Sponsor. See No. 055529 in and/or exceeding 10 mL support approval of this application § 510.600(c) of this chapter. intramuscularly or subcutaneously per may be seen in the Division of Dockets (c) Related tolerances. See § 556.500 injection site may result in antibiotic Management (HFA–305), Food and Drug of this chapter. residues beyond the withdrawal time. Administration, 5630 Fishers Lane, rm. (d) Special considerations. When Rapid intravenous administration in 1061, Rockville, MD 20852, between 9 labeled for use as in paragraph cattle may result in animal collapse. a.m. and 4 p.m., Monday through (e)(1)(i)(D) or (e)(1)(i)(E) of this section, Oxytetracycline should be administered Friday. labeling shall also bear the following: intravenously slowly over a period of at Under section 512(c)(2)(F)(ii) of the ‘‘Federal law restricts this drug to use by least 5 minutes. Discontinue treatment act (21 U.S.C. 360b(c)(2)(F)(ii)), this or on the order of a licensed at least 28 days prior to slaughter. Not approval qualifies for 3 years of veterinarian.’’. for use in lactating dairy animals. marketing exclusivity beginning July 25, (e) Conditions of use—(1) Beef cattle, (2) Swine—(i) Amount. 3 to 5 mg/lb 2003. This marketing exclusivity applies nonlactating dairy cattle, and calves BW/day; 9 mg/lb BW as a single dosage only to the increase in formulation including preruminating (veal) calves— where retreatment for pneumonia is concentration to 300 mg/mL, to the (i) Amounts and indications for use— impractical. Sows: Administer once 3 veterinary prescription use of the (A) 3 to 5 mg per pound of bodyweight mg/lb BW, approximately 8 hours before product in cattle at dose ranges of 9 to (mg/lb BW) per day (/day) farrowing or immediately after 13.6 mg/lb bodyweight, and for the intramuscularly, subcutaneously, or completion of farrowing. control of respiratory disease in cattle at intravenously for treatment of (ii) Indications for use. For treatment high risk of developing BRD associated pneumonia and shipping fever complex of bacterial enteritis (scours, with Mannheimia (Pasteurella) associated with Pasteurella spp. and colibacillosis) caused by Escherichia haemolytica for which new data were Haemophilus spp., foot-rot and coli, pneumonia caused by Pasteurella required. diphtheria caused by Fusobacterium multocida, and leptospirosis caused by The agency has determined under 21 necrophorum, bacterial enteritis (scours) Leptospira pomona. Sows: as an aid in CFR 25.33(a)(1) and (d)(5) that this caused by Escherichia coli, wooden control of infectious enteritis (baby pig action is of a type that does not tongue caused by Actinobacillus scours, colibacillosis) in suckling pigs individually or cumulatively have a lignieresii, leptospirosis caused by caused by E. coli. significant effect on the human Leptospira pomona, wound infections (iii) Limitations. Administer environment. Therefore, neither an and acute metritis caused by intramuscularly. Treatment should be environmental assessment nor an Staphylococcus spp. and Streptococcus continued 24 to 48 hours beyond environmental impact statement is spp. remission of disease signs, however, not required. (B) 5 mg/lb BW/day intramuscularly, to exceed a total of 4 consecutive days. This rule does not meet the definition subcutaneously, or intravenously for Exceeding the highest recommended of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because treatment of severe foot-rot, and level of drug/lb BW/day, administering it is a rule of ‘‘particular applicability.’’ advanced cases of other indicated more than the recommended number of Therefore, it is not subject to the diseases. treatments, and/or exceeding 5 mL congressional review requirements in 5 (C) 9 mg/lb BW intramuscularly or intramuscularly per injection site may U.S.C. 801–808. subcutaneously as single dosage where result in antibiotic residues beyond the

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withdrawal time. Discontinue treatment a.m. and 4 p.m., Monday through for the use of single-ingredient Type A at least 28 days prior to slaughter. Friday. medicated articles containing Dated: August 27, 2003. The agency has determined under 21 salinomycin and chlortetracycline to CFR 25.33(a)(1) that this action is of a Stephen F. Sundlof, make two-way combination drug Type C type that does not individually or medicated feeds for broiler chickens. Director, Center for Veterinary Medicine. cumulatively have a significant effect on [FR Doc. 03–23891 Filed 9–18–03; 8:45 am] the human environment. Therefore, DATES: This rule is effective September BILLING CODE 4160–01–S neither an environmental assessment 19, 2003. nor an environmental impact statement FOR FURTHER INFORMATION CONTACT: is required. DEPARTMENT OF HEALTH AND Lonnie W. Luther, Center for Veterinary This rule does not meet the definition HUMAN SERVICES Medicine (HFV–104), Food and Drug of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Administration, 7519 Standish Pl., Food and Drug Administration it is a rule of ‘‘particular applicability.’’ Rockville, MD 20855, 301–827–8549, e- Therefore, it is not subject to the mail: [email protected]. 21 CFR Part 522 congressional review requirements in 5 U.S.C. 801–808. SUPPLEMENTARY INFORMATION: Pennfield Oil Co., 14040 Industrial Rd., Omaha, Implantation or Injectable Dosage List of Subject in 21 CFR Part 522 Form New Animal Drugs; NE 68144, filed ANADA 200–357 for Oxytetracycline Injection Animal drugs. use of PENNCHLOR (chlortetracycline) Therefore, under the Federal Food, and salinomycin Type A medicated AGENCY: Food and Drug Administration, Drug, and Cosmetic Act and under articles to make two-way combination HHS. authority delegated to the Commissioner drug Type C medicated feeds for broiler ACTION: Final rule. of Food and Drugs and redelegated to the chickens. Pennfield Oil Co.’s ANADA Center for Veterinary Medicine, 21 CFR 200 357 is approved as a generic copy SUMMARY: The Food and Drug part 522 is amended as follows: of Alpharma, Inc.’s NADA 140–859. The Administration (FDA) is amending the ANADA is approved as of August 19, animal drug regulations to reflect PART 522—IMPLANTATION OR 2003, and the regulations are amended approval of an abbreviated new animal INJECTABLE DOSAGE FORM NEW in 21 CFR 558.550 to reflect the drug application (ANADA) filed by Agri ANIMAL DRUGS approval. The basis of approval is Laboratories, Ltd. The ANADA provides 1. The authority citation for 21 CFR discussed in the freedom of information for the administration of an summary. oxytetracycline injectable solution to part 522 continues to read as follows: cattle and swine for the treatment of Authority: 21 U.S.C. 360b. In accordance with the freedom of various bacterial diseases. information provisions of 21 CFR part § 522.1660 [Amended] DATES: This rule is effective September 20 and 21 CFR 514.11(e)(2)(ii), a 19, 2003. 2. Section 522.1660 Oxytetracycline summary of safety and effectiveness data and information submitted to FOR FURTHER INFORMATION CONTACT: injection is amended in paragraph (b) by support approval of this application Lonnie W. Luther, Center for Veterinary numerically adding ‘‘057561’’; and in may be seen in the Division of Dockets Medicine (HFV–104), Food and Drug paragraph (d)(1)(iii) in the second and Management (HFA–305), Food and Drug Administration, 7519 Standish Pl., ninth sentences by numerically adding Administration, 5630 Fishers Lane, rm. Rockville, MD 20855, 301–827–8549, e- ‘‘057561’’. 1061, Rockville, MD 20852, between 9 mail: [email protected]. Dated: August 29, 2003. a.m. and 4 p.m., Monday through Stephen F. Sundlof, SUPPLEMENTARY INFORMATION: Agri Friday. Laboratories, Ltd., P.O. Box 3103, St. Director, Center for Veterinary Medicine. Joseph, MO 64503, filed ANADA 200– [FR Doc. 03–23942 Filed 9–18–03; 8:45 am] The agency has determined under 21 CFR 25.33(a)(2) that this action is of a 128 that provides for the use of BILLING CODE 4160–01–S AGRIMYCIN 200 (oxytetracycline) type that does not individually or Injection for the treatment of various cumulatively have a significant effect on bacterial diseases in cattle and swine. DEPARTMENT OF HEALTH AND the human environment. Therefore, Agri Laboratories’s AGRIMYCIN–200 HUMAN SERVICES neither an environmental assessment Injection is approved as a generic copy nor an environmental impact statement of Pfizer’s LIQUAMYCIN LA–200, Food and Drug Administration is required. approved under NADA 113–232. The This rule does not meet the definition ANADA is approved as of June 13, 2003, 21 CFR Part 558 of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because and the regulations are amended in 21 New Animal Drugs for Use in Animal it is a rule of ‘‘particular applicability.’’ CFR 522.1660 to reflect the approval. Feeds; Salinomycin and Therefore, it is not subject to the The basis of approval is discussed in the Chlortetracycline congressional review requirements in 5 freedom of information summary. U.S.C. 801–808. In accordance with the freedom of AGENCY: Food and Drug Administration, information provisions of 21 CFR part HHS. List of Subjects in 21 CFR Part 558 20 and 21 CFR 514.11(e)(2)(ii), a ACTION: Final rule. Animal drugs, Animal feeds. summary of safety and effectiveness data and information submitted to SUMMARY: The Food and Drug Therefore, under the Federal Food, support approval of this application Administration (FDA) is amending the Drug, and Cosmetic Act and under may be seen in the Division of Dockets animal drug regulations to reflect authority delegated to the Commissioner Management (HFA–305), Food and Drug approval of an abbreviated new animal of Food and Drugs and redelegated to the Administration, 5630 Fishers Lane, rm. drug application (ANADA) filed by Center for Veterinary Medicine, 21 CFR 1061, Rockville, MD 20852, between 9 Pennfield Oil Co. The ANADA provides part 558 is amended as follows:

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PART 558—NEW ANIMAL DRUGS FOR Good Cause for Not Publishing an expected to have only a minor affect on USE IN ANIMAL FEEDS NPRM the local economy. We did not publish a notice of Small Entities 1. The authority citation for 21 CFR proposed rulemaking (NPRM) for this Under the Regulatory Flexibility Act part 558 continues to read as follows: regulation. Under 5 U.S.C. 553(b)(B), the Authority: 21 U.S.C. 360b, 371. Coast Guard finds that good cause exists (5 U.S.C. 601–612), we have considered for not publishing an NPRM. Thousands whether this rule would have a § 558.550 [Amended] of pedestrians will cross the bridge significant economic impact on a 2. Section 558.550 Salinomycin is during the event and this temporary rule substantial number of small entities. amended in paragraph (a)(3) by adding is necessary to ensure their safely as The term ‘‘small entities’’ comprises ‘‘and (d)(1)(xvi)’’ after ‘‘(d)(1)(xv)’’; and they cross the bridge. small businesses, not-for-profit in paragraph (d)(1)(xvi)(c) by removing organizations that are independently ‘‘and 046573’’ and by adding in its place Background and Purpose owned and operated and are not ‘‘and 053389’’. The City of Panama City has dominant in their fields, and governmental jurisdictions with Dated: September 11, 2003. requested a temporary rule changing the populations of less than 50,000. Linda Tollefson, operation of the Tarpon Dock bascule span drawbridge across Massalina The Coast Guard certifies under 5 Deputy Director, Center for Veterinary U.S.C. 605(b) that this temporary rule Medicine. Bayou, mile 0.0, in Panama City, Bay County, Florida. This temporary rule is will not have a significant economic [FR Doc. 03–23996 Filed 9–18–03; 8:45 am] needed to accommodate approximately impact on a substantial number of small BILLING CODE 4160–01–S 2,000 pedestrians that are expected to entities. participate in a 3.5-mile walk. The This rule may affect the following bridge is near the beginning of the walk entities, some of which may be small DEPARTMENT OF HOMELAND and allowing the bridge to open for entities: The owners or operators of SECURITY navigation during this short time period vessels intending to transit through the would disrupt the event and could Tarpon dock bridge across Massalina Coast Guard result in injury. The bridge has a Bayou during the closure. There is not vertical clearance of 7 feet above mean expected to be a significant impact due 33 CFR Part 117 high water in the closed-to-navigation to the short duration of the closure and position and unlimited in the open-to- the publicity given the event. [CGD08–03–033] navigation position. Navigation on the Assistance for Small Entities RIN 1625–AA09 waterway consists primarily of commercial fishing vessels, sailing Under section 213(a) of the Small Drawbridge Operation Regulation; vessels and other recreational craft. Business Regulatory Enforcement Massalina Bayou, Panama City, FL Presently, Title 33, Code of Federal Fairness Act of 1996 (Pub. L. 104–121), Regulations (CFR), § 117.301 states: The we want to assist small entities in AGENCY: Coast Guard, DHS. draw of the Tarpon Dock bascule span understanding this rule so that they can ACTION: Temporary rule. bridge, Massalina Bayou, mile 0.0, shall better evaluate its effects on them and open on signal; except that from 9 p.m. participate in the rulemaking process. SUMMARY: The Commander, Eighth until 11 p.m. on July 4, each year, the Small businesses may send comments Coast Guard District, has temporarily draw need not open for the passage of on the actions of Federal employees changed the regulation governing the vessels. The draw will open at any time who enforce, or otherwise determine operation of the Tarpon Dock bascule for a vessel in distress. This temporary compliance with, Federal regulations to span drawbridge across Massalina rule will allow the bridge to be the Small Business and Agriculture Bayou, mile 0.0, at Panama City, Bay maintained in the closed-to-navigation Regulatory Enforcement Ombudsman County, Florida. The regulation will position from 9 a.m. to 10 a.m. on and the Regional Small Business allow the draw of the bridge to remain October 18, 2003 to facilitate the Regulatory Fairness Boards. The closed to navigation for one hour to American Heart Walk. Ombudsman evaluates these actions facilitate the American Heart Walk. annually and rates each agency’s Regulatory Evaluation DATES: This temporary rule is effective responsiveness to small business. If you from 9 a.m. to 10 a.m. on October 18, This rule is not a ‘‘significant wish to comment on actions by 2003. regulatory action’’ under section 3(f) of employees of the Coast Guard, call 1– ADDRESSES: Documents referred to in Executive Order 12866, Regulatory 888–REG–FAIR (1–888–734–3247). Planning and Review, and does not this rule are available for inspection or Collection of Information copying at the office of the Eighth Coast require an assessment of potential costs This rule would call for no new Guard District, Bridge Administration and benefits under section 6(a)(3) of that collection of information under the Branch, 501 Magazine Street, New Order. The Office of Management and Paperwork Reduction Act of 1995 (44 Orleans, Louisiana 70130–3396, Budget has not reviewed it under that U.S.C. 3501–3520). between 7 a.m. and 3 p.m., Monday Order. It is not ‘‘significant’’ under the through Friday, except Federal holidays. regulatory policies and procedures of Federalism the Department of Homeland Security The telephone number is (504) 589– A rule has implications for federalism 2965. The Eighth District Bridge (DHS). We expect the economic impact of under Executive Order 13132, Administration Branch maintains the this rule to be so minimal that a full Federalism, if it has a substantial direct public docket for this rulemaking. Regulatory Evaluation under the effect on State or local governments and FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of would either preempt State law or David Frank, Bridge Administration DHS is unnecessary. impose a substantial direct cost of Branch, (504) 589–2965. This temporary rule will be only one compliance on them. We have analyzed SUPPLEMENTARY INFORMATION: hour in duration and is therefore this rule under that Order and have

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determined that it does not have Administrator of the Office of ENVIRONMENTAL PROTECTION implications for federalism. Information and Regulatory Affairs as a AGENCY Unfunded Mandates Reform Act significant energy action. Therefore, it does not require a Statement of Energy 40 CFR Part 180 The Unfunded Mandates Reform Act Effects under Executive Order 13211. of 1995 (2 U.S.C. 1531–1538) requires [OPP–2003–0278; FRL–7326–4] Environment Federal agencies to assess the effects of Cyprodinil; Pesticide Tolerance their discretionary regulatory actions. In We have analyzed this rule under particular, the Act addresses actions AGENCY: Environmental Protection that may result in the expenditure by a Commandant Instruction M16475.1D, Agency (EPA). which guides the Coast Guard in State, local, or tribal government, in the ACTION: Final rule. aggregate, or by the private sector of complying with the National $100,000,000 or more in any one year. Environmental Policy Act of 1969 SUMMARY: This regulation establishes Though this rule will not result in such (NEPA) (42 U.S.C. 4321–4370f), and tolerances for residues of cyprodinil in an expenditure, we do discuss the have concluded that there are no factors or on brassica, head and stem, subgroup effects of this rule elsewhere in the in this case that would limit the use of 5A; brassica, leafy greens, subgroup 5B; preamble. a categorical exclusion under section carrot; herb, subgroup 19A, dried; herb, 2.B.2 of the Instruction. Therefore, this subgroup 19A, fresh; longan; lychee; Taking of Private Property temporary rule is categorically pulasan; rambutan; spanish lime; and This rule will not affect a taking of excluded, under figure 2–1, paragraph turnip, greens. Interregional Research private property or otherwise have (32)(e), of the Instruction, from further Project Number 4 (IR-4) requested these taking implications under Executive environmental documentation because tolerances under the Federal Food, Order 12630, Governmental Actions and it modifies an existing bridge operation Drug, and Cosmetic Act (FFDCA), as Interference with Constitutionally regulation. amended by the Food Quality Protection Protected Property Rights. Act of 1996 (FQPA). List of Subjects in 33 CFR Part 117 Civil Justice Reform DATES: This regulation is effective Bridges. September 19, 2003. Objections and This rule meets applicable standards requests for hearings, identified by in sections 3(a) and 3(b)(2) of Executive Regulations docket ID number OPP–2003–0278, Order 12988, Civil Justice Reform, to must be received on or before November minimize litigation, eliminate For the reasons set out in the preamble, 18, 2003. ambiguity, and reduce burden. the Coast Guard amends 33 CFR Part 117 ADDRESSES: Written objections and Protection of Children as follows: hearing requests may be submitted We have analyzed this rule under electronically, by mail, or through hand PART 117—DRAWBRIDGE delivery/courier. Follow the detailed Executive Order 13045, Protection of OPERATION REGULATIONS Children from Environmental Health instructions as provided in Unit VI. of the SUPPLEMENTARY INFORMATION. Risks and Safety Risks. This rule is not 1. The authority citation for Part 117 FOR FURTHER INFORMATION CONTACT: an economically significant rule and continues to read as follows: does not cause an environmental risk to Shaja R. Brothers, Registration Division health or risk to safety that may Authority: 33 U.S.C. 499; Department of (7505C), Office of Pesticide Programs, disproportionately affect children. Homeland Security Delegation No. 0170.1; 33 Environmental Protection Agency, 1200 CFR 1.05–1(g); section 117.255 also issued Pennsylvania Ave., NW.,Washington, Indian Tribal Governments under the authority of Pub. L. 102–587, 106 DC 20460–0001; telephone number: This rule does not have tribal Stat. 5039. (703) 308–3194; e-mail address: implications under Executive Order [email protected]. 13175, Consultation and Coordination 2. Effective 9 a.m. until 10 a.m. on SUPPLEMENTARY INFORMATION: with Indian Tribal Governments, October 28, 2003, § 117.301 is because it does not have a substantial temporarily suspended and a new I. General Information direct effect on one or more Indian § 117.302 is added to read as follows: A. Does this Action Apply to Me? tribes, on the relationship between the § 117.302 Massalina Bayou. Federal Government and Indian tribes, You may be potentially affected by or on the distribution of power and The draw of the Tarpon Dock bascule this action if you an are agricultural responsibilities between the Federal span bridge, Massalina Bayou, mile 0.0, producer, food manufacturer, and Government and Indian tribes. shall open on signal; except that from 9 pesticide manufacturer Potentially affected entities may include, but are Energy Effects a.m. until 10 a.m. on October 18, 2003, the draw need not open for the passage not limited to: We have analyzed this rule under ∑ Crop production (NAICS 111) of vessels. The draw will open at any ∑ Executive Order 13211, Actions time for a vessel in distress. Animal production (NAICS 112) Concerning Regulations That ∑ Food manufacturing (NAICS 311) Significantly Affect Energy Supply, Dated: September 9, 2003. ∑ Pesticide manufacturing (NAICS Distribution, or Use. We have R.F. Duncan, 32532) determined that it is not a ‘‘significant Rear Admiral, U. S. Coast Guard, This listing is not intended to be energy action’’ under that order because Commander, Eighth Coast Guard District. exhaustive, but rather provides a guide it is not a ‘‘significant regulatory action’’ [FR Doc. 03–24015 Filed 9–16–03; 3:57 pm] for readers regarding entities likely to be under Executive Order 12866 and is not BILLING CODE 4910–15–P affected by this action. Other types of likely to have a significant adverse effect entities not listed in this unit could also on the supply, distribution, or use of be affected. The North American energy. It has not been designated by the Industrial Classification System

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(NAICS) codes have been provided to docket materials through the docket occupational exposure. Section assist you and others in determining facility identified in Unit I.B.1. Once in 408(b)(2)(C) of the FFDCA requires EPA whether this action might apply to the system, select ‘‘search,’’ then key in to give special consideration to certain entities. If you have any the appropriate docket ID number. exposure of infants and children to the questions regarding the applicability of pesticide chemical residue in II. Background and Statutory Findings this action to a particular entity, consult establishing a tolerance and to ‘‘ensure the person listed under FOR FURTHER In the Federal Register of April 21, that there is a reasonable certainty that INFORMATION CONTACT. 2003 (68 FR 19528) (FRL–7301–6), EPA no harm will result to infants and issued a notice pursuant to section 408 B. How Can I Get Copies of this children from aggregate exposure to the of FFDCA, 21 U.S.C. 346a, as amended pesticide chemical residue....’’ Document and Other Related by FQPA (Public Law 104–170), EPA performs a number of analyses to Information? announcing the filing of pesticide determine the risks from aggregate 1. Docket. EPA has established an petitions (PP 2E6447, 2E6461, 2E6485, exposure to pesticide residues. For official public docket for this action 3E6529, and 3E6530) by IR-4, 681 US further discussion of the regulatory under docket identification (ID) number Highway #1 South, New Brunswick, NJ requirements of section 408 of the OPP–2003–0278. The official public 08902–3390. That notice included a FFDCA and a complete description of docket consists of the documents summary of the petitions prepared by the risk assessment process, see the final specifically referenced in this action, Syngenta Crop Protection Incorporated, rule on Bifenthrin Pesticide Tolerances any public comments received, and the registrant. (62 FR 62961, November 26, 1997) other information related to this action. The petitions requested that 40 CFR Although a part of the official docket, 180.532 be amended by establishing (FRL–5754–7). the public docket does not include tolerances for residues of the fungicide, III. Aggregate Risk Assessment and Confidential Business Information (CBI) cyprodinil, CGA 219417; 4-cyclopropyl- Determination of Safety or other information whose disclosure is 6-methyl-N-phenyl-2-pyrimidinamine, restricted by statute. The official public in or on the following commodities: Consistent with section 408(b)(2)(D) docket is the collection of materials that brassica, head and stem, subgroup 5A at of the FFDCA, EPA has reviewed the is available for public viewing at the 2.0 parts per million (ppm); and available scientific data and other Public Information and Records brassica, leafy greens, subgroup 5B at relevant information in support of this Integrity Branch (PIRIB), Rm. 119, 10.0 ppm (PP 2E6485); carrot at 0.5 (PP action. EPA has sufficient data to assess Crystal Mall #2, 1921 Jefferson Davis 2E6461); herb subgroup 19A at 10.0 the hazards of and to make a Hwy., Arlington, VA. This docket ppm (3E6529); longan; lychee; pulasan; determination on aggregate exposure, facility is open from 8:30 a.m. to 4 p.m., rambutan; and spanish lime at 2.0 ppm consistent with section 408(b)(2) of the Monday through Friday, excluding legal (PP 2E6447); and turnip, greens at 10.0 FFDCA, for tolerances for residues of holidays. The docket telephone number ppm (PP 2E6485). cyprodinil, CGA 219417; 4-cyclopropyl- is (703) 305–5805. Petition numbers 2E6485, 2E6461 and 6-methyl-N-phenyl-2-pyrimidinamine 2. Electronic access. You may access 3E6529 were subsequently amended to on brassica, head and stem, subgroup this Federal Register document propose tolerances for brassica, head 5A at 1.0 ppm; brassica, leafy greens, electronically through the EPA Internet and stem, subgroup 5A at 1.0 ppm; and subgroup 5B at 10.0 ppm; carrot at 0.75; under the ‘‘Federal Register’’ listings at brassica, leafy greens, subgroup 5B at herb, subgroup 19A, dried at 15.0 ppm; http://www.epa.gov/fedrgstr/.A 10.0 ppm (PP 2E6485); carrot at 0.75 herb, subgroup 19A, fresh at 3.0 ppm; frequently updated electronic version of ppm (PP 2E6461); herb, subgroup 19A, longan, lychee, pulasan, rambutan, and 40 CFR part 180 is available at http:// dried at 15.0 ppm, and herb, subgroup spanish lime at 2.0 ppm; and turnip, www.access.gpo.gov/nara/cfr/ 19A, fresh at 3.0 ppm (3E6529); longan; greens at 10.0 ppm. EPA’s assessment of cfrhtml_00/Title_40/40cfr180_00.html, a lychee; pulasan; rambutan; and spanish exposures and risks associated with beta site currently under development. lime at 2.0 ppm (PP 2E6447); and establishing the tolerances follow. To access the OPPTS Harmonized turnip, greens at 10.0 ppm (PP 2E6485). A. Toxicological Profile Guidelines referenced in this document, There were no comments received on go directly to the guidelines at http:// these petitions. EPA has evaluated the available www.epa.gov/opptsfrs/home/ Section 408(b)(2)(A)(i) of the FFDCA toxicity data and considered its validity, guidelin.htm. allows EPA to establish a tolerance (the completeness, and reliability as well as An electronic version of the public legal limit for a pesticide chemical the relationship of the results of the docket is available through EPA’s residue in or on a food) only if EPA studies to human risk. EPA has also electronic public docket and comment determines that the tolerance is ‘‘safe.’’ considered available information system, EPA Dockets. You may use EPA Section 408(b)(2)(A)(ii) of the FFDCA concerning the variability of the Dockets at http://www.epa.gov/edocket/ defines ‘‘safe’’ to mean that‘‘there is a sensitivities of major identifiable to submit or view public comments, reasonable certainty that no harm will subgroups of consumers, including access the index listing of the contents result from aggregate exposure to the infants and children. The nature of the of the official public docket, and to pesticide chemical residue, including toxic effects caused by cyprodinil are access those documents in the public all anticipated dietary exposures and all discussed in the following Table 1 as docket that are available electronically. other exposures for which there is well as the no-observed-adverse-effect- Although not all docket materials may reliable information.’’ This includes level (NOAEL) and the lowest-observed- be available electronically, you may still exposure through drinking water and in adverse-effect-level (LOAEL) from the access any of the publicly available residential settings, but does not include toxicity studies reviewed.

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY

Guideline No. Study Type Results

870.3100 90–Day oral toxicity (mouse) NOAEL = 73.3/103 mg/kg/day, M/F LOAEL = 257/349 mg/kg/day, M/F, based on histopathological changes in the liver

870.3100 90–Day oral toxicity (rat) NOAEL =3.14 mg/kg/day LOAEL = 19 mg/kg/day based on increased tubular kidney lesions in males

Non-guideline 28–Day Feeding/ Range Finding(rat) NOAEL = 64.8/62.2 mg/kg/day, M/F LOAEL = 316/299 mg/kg/day, M/F, based on lower body-weight gains, microcytosis, increase cholesterol and phospholipid levels, and hepatocyte hypertrophy

Non-guideline 28–Day Gavage/ Range Finding(rat) NOAEL = 10 mg/kg/day LOAEL = 100 mg/kg/day based on increased liver weights and abnor- malities in liver morphology

870.3150 90–Day oral toxicity (dog) NOAEL =210/232 mg/kg/day, M/F LOAEL = 560/581 mg/kg/day, M/F, based on lower body-weight gains and decreased food consumption in both sexes

870.3200 21/28–Day dermal-toxicity(rat) NOAEL = 25/125 mg/kg/day, F/M LOAEL = 125/1000 mg/kg/day, F/M, based on clinical signs (hunched posture and/or piloerection).

870.3200 Carcinogenicity - (mouse) NOAEL = 16.1 mg/kg/day LOAEL = 212.4 mg/kg/day based on a dose-related increase in the inci- dence of focal and multifocal hyperplasia of the exocrine pancreas in males No evidence of carcinogenicity

870.3700 Prenatal developmental(rat) Maternal NOAEL = 200 mg/kg/day Maternal LOAEL = 1,000 mg/kg/day based on lower body-weight/body- weight gain and reduced food consumption Developmental NOAEL = 200 mg/kg/day Developmental LOAEL = 1,000 mg/kg/day based on lower mean fetal weights and increased incidence of delayed ossification

870.3700 Prenatal developmental (rabbit) Maternal NOAEL = 150 mg/kg/day Maternal LOAEL = 400 mg/kg/day based on decreased body-weight gain Developmental NOAEL = 150 mg/kg/day Developmental LOAEL = 400 mg/kg/day based on slight increase of lit- ters showing extra (13th) ribs

870.3800 Reproduction and fertility effects(rat) Maternal/Systemic NOAEL = 81 mg/kg/day Maternal/Systemic LOAEL = 326 mg/kg/day based on decreased body weight gain in the F0 females during the pre-mating period. Reproductive/Developmental NOAEL = 81 mg/kg/day Reproductive/Developmental LOAEL = 326 mg/kg/day based on de- creased pup weights (F1 and F2)

870.4300 Chronic toxicity/Carcinogenicity NOAEL = 2.7 mg/kg/day (feeding)(rat) LOAEL = 35.6 mg/kg/day based on degenerative liver lesions (spongiosis hepatis) in males No evidence of carcinogenicity

870.4100 Chronic toxicity (dog) NOAEL = 65.63/67.99 mg/kg/day, M/F LOAEL = 449.25/446.3, M/F, mg/kg/day based on lower body-weight gains and decreased food consumption and food efficiency

870.5100 Gene Mutation - Bacteria In a reverse gene mutation assay with Salmonella typhimurium/Esch- erichia coli, cyprodinil was negative up to concentrations (≥1,250 µg/ plate +/-S9) that produced reproducible cytotoxicity for the majority of strains. Compound insolubility was reported at ≥313 µg/plate.

870.5100 CGA 249287 Metabolite Gene Mutation - Bacteria In repeat gene mutation assays in bacteria, CGA 249287 was negative for induction of reverse mutation in the bacterial cultures assayed under the conditions of the experiments.

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline No. Study Type Results

870.5300 In vitro mammalian cell In a Chinese hamster V79 cell HGPRT forward gene mutation assay, cyprodinil was negative up to cytotoxic concentrations (≥96.0 µg/mL with S9) (≥24 µg/mL without S9).

870.5375 Cytogenetics/In vitro Chromosomal In an in vitro assay for chromosome aberrations in Chinese hamster Aberration ovary (CHO) cells, cyprodinil gave negative results up to cytotoxic con- centrations (≥50 µg/mL without S9, 18- or 42–hour cell harvest or ≥25 µg/mL with S9, 18– hour cell harvest) or to the highest sub-cytotoxic concentration (50 µg/mL with S9, 42–hour cell harvest).

870.5395 Cytogenetics/In vivo bone marrow In an in vivo bone marrow micronucleus assay, cyprodinil was negative micronucleus when administered orally (gavage) at 5,000 mg/kg (HDT) to both sexes of Tif:MAGF mice. No signs of overt toxicity or clear evidence of cytotoxicity for the target organ were noted at any dose or sacrifice time.

870.5550 UDS In an UDS assay in primary rat hepatocytes, cyprodinil was negative up to a cytotoxic concentration (80 µg/mL)

870.7485 Metabolism and pharmacokinetics Single oral doses (0.5 or 100 mg/kg bw) of phenyl or pyrimidyl- radiolabelled cyprodinil (purity ≥98%) were administered to Tif:RAIf(SPF) rats, with one low-dose group receiving unlabelled cyprodinil (purity ≥99%) for 2 weeks prior to treatment with radiolabelled compound. Absorption was very rapid with rapid clear- ance. A minimum of 75% of the administered dose was absorbed. Ex- cretion was rapid and almost complete, with urine as the principle route of excretion (48–68%), and >90% of the administered dose de- tected in the urine and feces within 48 hours. Excretion, distribution and metabolite profiles were essentially independent of dose level, pretreatment, and type of label, although there were some quantitative differences sex-dependent qualitative differences in two urinary me- tabolite fractions.

870.7485 Metabolism and pharmacokinetics Excreta and bile from radiolabelled cyprodinil-treated Tif:RAIf(SPF) rats were used to characterize, isolate and identify cyprodinil metabolites. Eleven metabolites were isolated from urine, feces and bile, and the metabolic pathways in the rat were proposed. All urinary and biliary metabolites (with the exception of 7U) were conjugated with glucuronic acid or sulfonated, and excreted. Cyprodinil was almost completely metabolized by hydroxylation of the phenyl ring (position 4) or pyrimi- dine ring (position 5), followed by conjugation. An alternative pathway involved oxidation of the phenyl ring followed by glucuronic acid con- jugation. A quantitative sex difference was observed with respect to sulfonation of the major metabolite that formed 6U. The monosulfate metabolite (1U) was predominant in females, whereas equal amounts of mono- and disulfate (6U) conjugates were noted in males. Most of the significant metabolites in feces were exocons of biliary metabolites (2U, 3U, 1G). These were assumed to be deconjugated in the intes- tines, partially reabsorbed into the general circulation, conjugated again, and eliminated renally. The major metabolic pathways of cyprodinil were not significantly influenced by the dose, treatment regi- men, or sex of the animal.

870.7600 Dermal Absorption (rat) In a dermal absorption study with cyprodinil formulated as SWITCH 62.5 WG in the rat, the maximum systemic absorption was 21.71% (at 24 hours). An additional 12% of the applied dose (that is potentially avail- able for absorption) remained on the treated skin at 24 hours.

B. Toxicological Endpoints was achieved in the toxicology study For dietary risk assessment (other selected. An uncertainty factor (UF) is than cancer) the Agency uses the UF to The dose at which no adverse effects applied to reflect uncertainties inherent calculate an acute or chronic reference are observed (the NOAEL) from the in the extrapolation from laboratory dose (acute RfD or chronic RfD) where toxicology study identified as animal data to humans and in the the RfD is equal to the NOAEL divided appropriate for use in risk assessment is variations in sensitivity among members by the appropriate UF (RfD = NOAEL/ used to estimate the toxicological level of the human population as well as UF). Where an additional safety factors of concern (LOC). However, the lowest other unknowns. An UF of 100 is (SF) is retained due to concerns unique dose at which adverse effects of concern routinely used, 10X to account for to the FQPA, this additional factor is are identified (the LOAEL) is sometimes interspecies differences and 10X for applied to the RfD by dividing the RfD used for risk assessment if no NOAEL intraspecies differences. by such additional factor. The acute or

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chronic Population Adjusted Dose The linear default risk methodology a ‘‘point of departure’’ is identified (aPAD or cPAD) is a modification of the (Q*) is the primary method currently below which carcinogenic effects are RfD to accommodate this type of FQPA used by the Agency to quantify not expected. The point of departure is SF. carcinogenic risk. The Q* approach typically a NOAEL based on an For non-dietary risk assessments assumes that any amount of exposure endpoint related to cancer effects (other than cancer) the UF is used to will lead to some degree of cancer risk. though it may be a different value determine the LOC. For example, when A Q* is calculated and used to estimate derived from the dose response curve. 100 is the appropriate UF (10X to risk which represents a probability of To estimate risk, a ratio of the point of account for interspecies differences and occurrence of additional cancer cases departure to exposure (MOEcancer = point 10X for intraspecies differences) the (e.g., risk is expressed as1 x 10-6 or one of departure/exposures) is calculated. A LOC is 100. To estimate risk, a ratio of in a million). Under certain specific summary of the toxicological endpoints the NOAEL to exposures (margin of circumstances, MOE calculations will for cyprodinil used for human risk exposure (MOE) = NOAEL/exposure) is be used for the carcinogenic risk assessment is shown in the following calculated and compared to the LOC. assessment. In this non-linear approach, Table 2:

TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR CYPRODINIL FOR USE IN HUMAN RISK ASSESSMENT

Dose used in Risk Assess- FQPA SF and Endpoint for Risk Exposure Scenerio ment UF Assessment Study, Toxicological Endpoint

Acute Dietary females 13– Developmental NOAEL = Special FQPA SF* = 1X Developmental Toxicity - rabbit 50 years of age 150 mg/kg/day aPAD = acute RfD ÷ Special FQPA Developmental LOAEL = 400 mg/kg/day UF = 100 SF = 1.5 mg/kg/day based on slight increase of litters showing Acute RfD = 1.5 mg/kg/ extra ribs (13th). day

Chronic Dietary all popu- NOAEL= 2.7 Special FQPA SF = 1X 2–Year Chronic Toxicity/ Carcinogenicity-rat lations UF = 100 cPAD = chronic RfD ÷ Special LOAEL = 35.6 mg/kg/day based on degen- Chronic RfD = 0.03 mg/kg/ FQPA SF = 0.03 mg/kg/day erative liver lesions (spongiosis hepatis) in day males.

Incidental Oral Short-Term oral NOAEL= 62 mg/kg/ LOC for MOE = 100 (Residential, 28–Day Feeding/Range-finding - rat (1–30 days)(Residential) day includes the Special FQPA SF of LOAEL = 299 mg/kg/day based on de- 1X) creased body-weight gain, increased cho- lesterol and phospholipid levels, microcytosis, and hepatocyte hypertrophy.

Incidental Oral Inter- oral NOAEL= 2.7 mg/kg/ LOC for MOE = 100 (Residential, 2–Year Chronic Toxicity/ Carcinogenicity -rat mediate-Term (1– 6 day includes the Special FQPA SF of LOAEL = 35.6 mg/kg/day based on degen- months)(Residential) 1X) erative liver lesions (spongiosis hepatis) in males.

Dermal Short-Term (1–30 oral NOAEL= 62 mg/kg/ LOC for MOE = 100 (Residential, 28–Day Feeding/Range-finding - rat days)(Residential) day (dermal absorption includes the Special FQPA SF of LOAEL = 299 mg/kg/day based on de- rate = 30%) 1X) creased body-weight gain, increased cho- lesterol and phospholipid levels, microcytosis, and hepatocyte hypertrophy.

Dermal Intermediate- oral NOAEL= 2.7 mg/kg/ LOC for MOE = 100 (Residential, 2–Year Chronic Toxicity/ Carcinogenicity - Term(1–6 months) and day(dermal absorption includes the Special FQPA SF of Rat Long-Term (26 rate = 30%) 1X) LOAEL = 35.6 mg/kg/day based on degen- months)(Residential) erative liver lesions (spongiosis hepatis) in males.

Inhalation Short-Term(1–30 oral NOAEL = 62 mg/kg/ LOC for MOE = 100 (Residential, 28–Day Feeding/Range-finding - rat days) (Residential) day (inhalation absorp- includes the Special FQPA SF of LOAEL = 299 mg/kg/day based on de- tion rate = 100%) 1X) creased body-weight gain, increased cho- lesterol and phospholipid levels, microcytosis, and hepatocyte hypertrophy.

Inhalation Intermediate- oral NOAEL = 2.7 mg/kg/ LOC for MOE = 100 (Residential, 2–Year Chronic Toxicity/ Carcinogenicity in Term(1–6 months) and day (inhalation absorp- includes the Special FQPA SF of Rats Long-Term (26 months) tion rate = 100%) 1X) LOAEL = 35.6 mg/kg/day based on degen- (Residential) erative liver lesions (spongiosis hepatis) in males.

Cancer (oral, dermal, inha- Classification: ‘‘Not likely to be carcinogenic to humans’’ lation) *The reference to the special FQPA SF refers to any additional SF retained due to concerns unique to the FQPA.

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C. Exposure Assessment chronic exposure assessment: An Agency at this stage is to provide a 1. Dietary exposure from food and unrefined, Tier 1 chronic dietary screen for sorting out pesticides for feed uses. Tolerances have been exposure assessment (using tolerance- which it is unlikely that drinking water established (40 CFR 180.532) for the level residues, DEEM default processing concentrations would exceed human residues of cyprodinil, in or on a variety factors, and assuming 100% CT for all health levels of concern. of raw agricultural commodities: proposed commodities) was conducted Since the models used are considered almond, hulls; almond nutmeats; apple, for the general U.S. population and to be screening tools in the risk wet pomace; fruit, pome; fruit, stone; various population subgroups. assessment process, the Agency does grape; and raisins. Time-limited iii. Cancer. A quantitative cancer not use estimated environmental tolerances are established (40 CFR aggregate-risk assessment was not concentrations (EECs) from these 180.532 (a)(2)) for onion, dry bulb; performed because cyprodinil is not models to quantify drinking water onion, green; and strawberry (each set to carcinogenic. exposure and risk as a %RfD or %PAD. expire December 31, 2003). A time- 2. Dietary exposure from drinking Instead, drinking water levels of limited tolerance (40 CFR 180.532 (b)) water. The Agency lacks sufficient comparison (DWLOCs) are calculated on caneberries is also set to expire monitoring exposure data to complete a and used as a point of comparison December 31, 2003. Risk assessments comprehensive dietary exposure against the model estimates of a were conducted by EPA to assess analysis and risk assessment for pesticide’s concentration in water. dietary exposures from cyprodinil in cyprodinil in drinking water. Because DWLOCs are theoretical upper limits on food as follows: the Agency does not have a pesticide’s concentration in drinking i. Acute exposure. In conducting this comprehensive monitoring data, water in light of total aggregate exposure acute dietary risk assessment EPA used drinking water concentration estimates to a pesticide in food, and from the Dietary Exposure Evaluation Model are made by reliance on simulation or residential uses. Since DWLOCs address software with the Food Commodity modeling taking into account data on total aggregate exposure to cyprodinil  Intake Database (DEEM-FCID ) which the physical characteristics of they are further discussed in the incorporates food consumption data as cyprodinil. aggregate risk sections in Unit III.E. reported by respondents in the USDA The Agency uses the FQPA Index Environmental fate data suggest that 1994–1996 and 1998 nationwide Reservoir Screening Tool (FIRST) or the as cyprodinil dissipates from the Continuing Surveys of Food Intake by Pesticide Root Zone model/Exposure Individuals (CSFII) and accumulated Analysis Modeling System (PRZM/ environment, it forms the exposure to the chemical for each EXAMS), to produce estimates of transformation product CGA 249287 commodity. The following assumptions pesticide concentrations in an index and other metabolites under natural reservoir. The SCI-GROW model is used conditions. CGA 249287 was observed were made for the acute exposure < assessments: An unrefined, Tier 1 acute to predict pesticide concentrations in at 11% of the applied parent in aerobic dietary exposure assessment (using shallow groundwater. For a screening- soil metabolism studies. It was also one level assessment for surface water EPA of the transformation products observed tolerance-level residues, DEEM (version < 7.76) default processing factors and will use FIRST (a tier 1 model) before at 14% in the terrestrial field assuming 100% CT for all proposed using PRZM/EXAMS (a tier 2 model). dissipation studies. commodities) was conducted for the The FIRST model is a subset of the EPA concluded that CGA 249287 is a females 13– 49 years old population PRZM/EXAMS model that uses a potential concern in drinking water. subgroup. specific high-end runoff scenario for Therefore, EEC’s of CGA 249287 (along ii. Chronic exposure. In conducting pesticides. FIRST and PRZM/EXAMS with the parent) were also simulated. this acute dietary risk assessment EPA incorporate an index reservoir The maximum application rate and used the Dietary Exposure Evaluation environment, and a percent crop area relevant environmental fate parameters Model software with the Food factor as an adjustment to account for for cyprodinil and its metabolite CGA Commodity Intake Database (DEEM- the maximum percent crop coverage 249287 were used in the two screening FCID) which incorporates food within a watershed or drainage basin. models PRZM/EXAMS and SCI-GROW consumption data as reported by None of these models include for EEC’s in surface water and respondents in the USDA 1994–1996 consideration of the impact processing groundwater, respectively. The outputs and 1998 nationwide Continuing (mixing, dilution, or treatment) of raw of the two screening models represent Surveys of Food Intake by Individuals water for distribution as drinking water estimates of the concentrations that (CSFII) and accumulated exposure to would likely have on the removal of might be found in surface water and the chemical for each commodity. The pesticides from the source water. The groundwater due to the use of following assumptions was made for the primary use of these models by the cyprodinil on cabbage and strawberry.

TABLE 3.—SUMMARY OF EPA’S EEC’SINSURFACE WATER AND GROUNDWATER TABLE

Surface Water (µg/L) Chemical Groundwater (µg/L) Acute Non-Cancer Chronic

Florida Cabbage

Cyprodinil 23.9 6.63 0.04

CGA 249287 5.29 1.42 0.12

Total 29.2 8.1 0.16

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TABLE 3.—SUMMARY OF EPA’S EEC’SINSURFACE WATER AND GROUNDWATER TABLE—Continued

Surface Water (µg/L) Chemical Groundwater (µg/L) Acute Non-Cancer Chronic

Florida Strawberry

Cyprodinil 26.67 5.32 0.04

CGA 249287 6.20 1.04 0.12

Total 32.9 6.4 0.16

3. From non-dietary exposure. The D. Safety Factor for Infants and will be treated with cyprodinil. By using term ‘‘residential exposure’’ is used in Children these screening level assessments, this document to refer to non- 1. In general. Section 408 of the actual exposures/risks will not be occupational, non-dietary exposure FFDCA provides that EPA shall apply underestimated. v. The dietary drinking water (e.g., for lawn and garden pest control, an additional tenfold margin of safety assessment utilizes water concentration indoor pest control, termiticides, and for infants and children in the case of values generated by models and flea and tick control on pets). threshold effects to account for prenatal associated modeling parameters which and postnatal toxicity and the Cyprodinil is not registered for use on are designed to provide conservative, any sites that would result in residential completeness of the data base on health protective, high-end estimates of exposure. There are no registered or toxicity and exposure unless EPA water concentrations which will not proposed uses of cyprodinil which determines that a different margin of likely be exceeded. result in potential residential exposures. safety will be safe for infants and vi. There are currently no registered children. Margins of safety are residential uses of cyprodinil. 4. Cumulative effects from substances incorporated into EPA risk assessments with a common mechanism of toxicity. vii. These assessments will not either directly through use of a MOE underestimate the exposure/risks posed Section 408(b)(2)(D)(v) of the FFDCA analysis or through using uncertainty requires that, when considering whether by current or proposed uses of (safety) factors in calculating a dose cyprodinil. to establish, modify, or revoke a level that poses no appreciable risk to tolerance, the Agency consider humans. E. Aggregate Risks and Determination of ‘‘available information’’ concerning the 2. Prenatal and postnatal sensitivity. Safety cumulative effects of a particular There are no concerns or residual To estimate total aggregate exposure pesticide’s residues and ‘‘other uncertainties for pre- and/or postnatal to a pesticide from food, drinking water, substances that have a common exposure. and residential uses, the Agency mechanism of toxicity.’’ 3. Conclusion. There is a complete calculates DWLOCs which are used as a EPA does not have, at this time, toxicity data base for cyprodinil and point of comparison against the model available data to determine whether exposure data are complete or are estimates of a pesticide’s concentration cyprodinil has a common mechanism of estimated based on data that reasonably in water (EECs). DWLOC values are not toxicity with other substances. Unlike accounts for potential exposures. EPA regulatory standards for drinking water. other pesticides for which EPA has determined that the 10X Safety factor to DWLOCs are theoretical upper limits on followed a cumulative risk approach protect infants and children should be a pesticide’s concentration in drinking based on a common mechanism of reduced to 1X because: water in light of total aggregate exposure toxicity, EPA has not made a common i. The toxicological data base is to a pesticide in food and residential mechanism of toxicity finding as to complete for the assessment of toxicity uses. In calculating a DWLOC, the and susceptibility following pre- and/or cyprodinil and any other substances and Agency determines how much of the post-natal exposures. No clinical signs acceptable exposure (i.e., the PAD) is cyprodinil does not appear to produce of neurotoxicity or neuropathology were available for exposure through drinking a toxic metabolite produced by other observed in the data base, and the water [e.g., allowable chronic water substances. For the purposes of this developmental neurotoxicity study was exposure (mg/kg/day) = cPAD - (average tolerance action, therefore, EPA has not not required. food + residential exposure)]. This assumed that cyprodinil has a common ii. There is no evidence of increased allowable exposure through drinking mechanism of toxicity with other susceptibility of rat or rabbit fetuses water is used to calculate a DWLOC. substances. For information regarding following in utero exposure in the A DWLOC will vary depending on the EPA’s efforts to determine which developmental studies with cyprodinil. toxic endpoint, drinking water chemicals have a common mechanism There is no evidence of increased consumption, and body weights. Default of toxicity and to evaluate the susceptibility of young rats in the body weights and consumption values cumulative effects of such chemicals, reproduction study with cyprodinil. as used by the USEPA Office of Water see the policy statements released by iii. There are no residual concerns are used to calculate DWLOCs: 2 liter EPA’s Office of Pesticide Programs regarding pre- or post-natal toxicity or (L)/70 kg (adult male), 2L/60 kg (adult concerning common mechanism completeness of the toxicity or exposure female), and 1L/10 kg (child). Default determinations and procedures for data base. body weights and drinking water cumulating effects from substances iv. The dietary food exposure consumption values vary on an found to have a common mechanism on assessment is Tier 1, screening level, individual basis. This variation will be EPA’s website at http://www.epa.gov/ which is based on tolerance level taken into account in more refined pesticides/cumulative/. residues and assumes 100% of all crops screening-level and quantitative

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drinking water exposure assessments. aggregate risk resulting from multiple cyprodinil in drinking water. For the Different populations will have different exposure pathways associated with a general U.S. population, no toxic effects DWLOCs. Generally, a DWLOC is pesticide’s uses, levels of comparison in of concern that could be attributed to a calculated for each type of risk drinking water may vary as those uses single exposure were observed in the assessment used: Acute, short-term, change. If new uses are added in the oral-toxicity studies, including the intermediate-term, chronic, and cancer. future, EPA will reassess the potential developmental toxicity studies in rats When EECs for surface water and impacts of residues of the pesticide in and rabbits. Therefore, an acute RfD was groundwater are less than the calculated drinking water as a part of the aggregate not established for this population DWLOCs, EPA concludes with risk assessment process. subgroup and an acute dietary exposure reasonable certainty that exposures to 1. Acute risk. Using the exposure assessment was not conducted for this the pesticide in drinking water (when assumptions discussed in this unit for population subgroup. After calculating considered along with other sources of acute exposure, the acute dietary DWLOCs and comparing them to the exposure for which EPA has reliable exposure from food to cyprodinil will EECs for surface and ground water, EPA data) would not result in unacceptable occupy 2% of the aPAD for the females does not expect the aggregate exposure levels of aggregate human health risk at 13–49 years old. In addition, there is to exceed 100% of the aPAD, as shown this time. Because EPA considers the potential for acute dietary exposure to in the following Table 4:

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO CYPRODINIL

Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC DWLOC kg) (Food) (ppb) (ppb) (ppb)

Females 13–49 years old 1.5 2 32.9 0.16 44,000

2. Chronic risk. Using the exposure subgroup) children 1–2 years old, 32% dietary exposure to cyprodinil in assumptions described in this unit for of the cPAD for all infants <1 year old, drinking water. After calculating chronic exposure, EPA has concluded and 21% of the cPAD for females 13– DWLOCs and comparing them to the that exposure to cyprodinil from food 49 years old. Based on the use pattern, EECs for surface and ground water, EPA will utilize 25% of the cPAD for the chronic residential exposure to residues does not expect the aggregate exposure U.S. population, 65% of the cPAD for of cyprodinil is not expected. In to exceed 100% of the cPAD, as shown (the most highly exposed population addition, there is potential for chronic in the following Table 5:

TABLE 5.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO CYPRODINIL

Surface Ground Chronic Population Subgroup cPAD mg/ %cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)

U.S. Population 0.03 25 8.1 0.16 790

Children (1–2 years old) 0.03 65 8.1 0.16 100

All Infants (<1 year old) 0.03 32 8.1 0.16 200

Females (13–49 years old) 0.03 21 8.1 0.16 710

3. Aggregate cancer risk for U.S. IV. Other Considerations labeled tomato samples and population. Based on the lack of independent laboratory validation. In A. Analytical Enforcement Methodology evidence of carcinogenicity in mice and addition, the method has been the rats at doses that were judged to be The results of Multiresidue Method subject of acceptable Agency petition adequate to assess the carcinogenic testing of cyprodinil and its metabolite method validations on stone fruits and potential, cyprodinil was classified as CGA–232449 have been forwarded to almond nutmeat and hulls. The method ‘‘not likely to be carcinogenic to the Food and Drug Administration may be requested from: Chief, humans.’’ Therefore, cyprodinil is not (FDA). Cyprodinil was tested according Analytical Chemistry Branch, expected to pose a cancer risk to to the FDA Multiresidue protocols Environmental Science Center, 701 humans. (Protocols C, D, and E), and acceptable Mapes Rd., Ft. Meade, MD 20755–5350; 4. Determination of safety. Based on recoveries were obtained for cyprodinil telephone number: (410) 305–2905; e- these risk assessments, EPA concludes fortified in apples at 0.50 ppm using mail address: [email protected]. that there is a reasonable certainty that Protocol D. The petitioner is proposing the Method AG-631A as a tolerance B. International Residue Limits no harm will result to the general enforcement method for residues of population, and to infants and children Canada, Codex, and Mexico do not cyprodinil in/on the subject crops. The from aggregate exposure to cyprodinil have maximum residue limits (MRLs) method includes confirmatory for residues of cyprodinil in/on the residues. procedures using gas chromatography/ proposed crops. Therefore, nitrogen/phosphorus detector (GC/ NPD). The method has successfully harmonization is not an issue. undergone radiovalidation using 14C-

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V. Conclusion information as CBI. Information so Division (7502C), Office of Pesticide Therefore, the tolerances are marked will not be disclosed except in Programs, Environmental Protection established for residues of cyprodinil, accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., CGA 219417; 4-cyclopropyl-6-methyl-N- 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person phenyl-2-pyrimidinamine, in or on information that does not contain CBI or by courier, bring a copy to the must be submitted for inclusion in the location of the PIRIB described in Unit brassica, head and stem, subgroup 5A at public record. Information not marked I.B.1. You may also send an electronic 1.0 ppm; brassica, leafy greens, confidential may be disclosed publicly copy of your request via e-mail to: opp- subgroup 5B at 10.0 ppm; carrot at 0.75 by EPA without prior notice. [email protected]. Please use an ASCII ppm; herb, subgroup 19A, dried at 15.0 Mail your written request to: Office of file format and avoid the use of special ppm; herb, subgroup 19A, fresh at 3.0 the Hearing Clerk (1900C), characters and any form of encryption. ppm; longan, lychee, pulasan, Environmental Protection Agency, 1200 Copies of electronic objections and rambutan, and spanish lime at 2.0 ppm; Pennsylvania Ave., NW., Washington, hearing requests will also be accepted and turnip, greens at 10.0 ppm. DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or VI. Objections and Hearing Requests your request to the Office of the Hearing ASCII file format. Do not include any Clerk in Rm.104, Crystal Mall #2, 1921 CBI in your electronic copy. You may Under section 408(g) of the FFDCA, as Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your amended by the FQPA, any person may The Office of the Hearing Clerk is open request at many Federal Depository file an objection to any aspect of this from 8 a.m. to 4 p.m., Monday through Libraries. regulation and may also request a Friday, excluding legal holidays. The hearing on those objections. The EPA telephone number for the Office of the B. When Will the Agency Grant a procedural regulations which govern the Hearing Clerk is (703) 603–0061. Request for a Hearing? submission of objections and requests 2. Tolerance fee payment. If you file A request for a hearing will be granted for hearings appear in 40 CFR part 178. an objection or request a hearing, you if the Administrator determines that the Although the procedures in those must also pay the fee prescribed by 40 material submitted shows the following: regulations require some modification to CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility FFDCA by the FQPA, EPA will continue must mail the fee to: EPA Headquarters that available evidence identified by the to use those procedures, with Accounting Operations Branch, Office requestor would, if established resolve appropriate adjustments, until the of Pesticide Programs, P.O. Box one or more of such issues in favor of necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account The new section 408(g) of the FFDCA identify the fee submission by labeling uncontested claims or facts to the provides essentially the same process it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual for persons to ‘‘object’’ to a regulation EPA is authorized to waive any fee issues(s) in the manner sought by the for an exemption from the requirement requirement ‘‘when in the judgement of requestor would be adequate to justify of a tolerance issued by EPA under new the Administrator such a waiver or the action requested (40 CFR 178.32). section 408(d) of FFDCA, as was refund is equitable and not contrary to VII. Statutory and Executive Order provided in the old sections 408 and the purpose of this subsection.’’ For Reviews 409 of the FFDCA. However, the period additional information regarding the for filing objections is now 60 days, waiver of these fees, you may contact This final rule establishes a tolerance rather than 30 days. James Tompkins by phone at (703) 305– under section 408(d) of the FFDCA in 5697, by e-mail at response to a petition submitted to the A. What Do I Need to Do to File an Agency. The Office of Management and Objection or Request a Hearing? [email protected], or by mailing a request for information to Mr. Tompkins Budget (OMB) has exempted these types You must file your objection or at Registration Division (7505C), Office of actions from review under Executive request a hearing on this regulation in of Pesticide Programs, Environmental Order 12866, entitled Regulatory accordance with the instructions Protection Agency, 1200 Pennsylvania Planning and Review (58 FR 51735, provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– October 4, 1993). Because this rule has 178. To ensure proper receipt by EPA, 0001. been exempted from review under you must identify docket ID number If you would like to request a waiver Executive Order 12866 due to its lack of OPP–2003–0278 in the subject line on of the tolerance objection fees, you must significance, this rule is not subject to the first page of your submission. All mail your request for such a waiver to: Executive Order 13211, Actions requests must be in writing, and must be James Hollins, Information Resources Concerning Regulations That mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Significantly Affect Energy Supply, on or before November 18, 2003. Pesticide Programs, Environmental Distribution, or Use (66 FR 28355, May 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania 22, 2001). This final rule does not must specify the specific provisions in Ave., NW., Washington, DC 20460– contain any information collections the regulation that you object to, and the 0001. subject to OMB approval under the grounds for the objections (40 CFR 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 178.25). If a hearing is requested, the to filing an objection or hearing request U.S.C. 3501 et seq., or impose any objections must include a statement of with the Hearing Clerk as described in enforceable duty or contain any the factual issues(s) on which a hearing Unit VI.A., you should also send a copy unfunded mandate as described under is requested, the requestor’s contentions of your request to the PIRIB for its Title II of the Unfunded Mandates on such issues, and a summary of any inclusion in the official record that is Reform Act of 1995 (UMRA) (Public evidence relied upon by the objector (40 described in Unit I.B.1. Mail your Law 104–4). Nor does it require any CFR 178.27). Information submitted in copies, identified by docket ID number special considerations under Executive connection with an objection or hearing OPP–2003–0278, to: Public Information Order 12898, entitled Federal Actions to request may be claimed confidential by and Records Integrity Branch, Address Environmental Justice in marking any part or all of that Information Resources and Services Minority Populations and Low-Income

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Populations (59 FR 7629, February 16, responsibilities among the various Business Regulatory Enforcement 1994); or OMB review or any Agency levels of government.’’ This final rule Fairness Act of 1996, generally provides action under Executive Order 13045, directly regulates growers, food that before a rule may take effect, the entitled Protection of Children from processors, food handlers and food agency promulgating the rule must Environmental Health Risks and Safety retailers, not States. This action does not submit a rule report, which includes a Risks (62 FR 19885, April 23, 1997). alter the relationships or distribution of copy of the rule, to each House of the This action does not involve any power and responsibilities established Congress and to the Comptroller General technical standards that would require by Congress in the preemption of the United States. EPA will submit a Agency consideration of voluntary provisions of section 408(n)(4) of the report containing this rule and other consensus standards pursuant to section FFDCA. For these same reasons, the required information to the U.S. Senate, 12(d) of the National Technology Agency has determined that this rule the U.S. House of Representatives, and Transfer and Advancement Act of 1995 does not have any ‘‘tribal implications’’ the Comptroller General of the United (NTTAA), Public Law 104–113, section as described in Executive Order 13175, States prior to publication of this final 12(d) (15 U.S.C. 272 note). Since entitled Consultation and Coordination rule in the Federal Register. This final tolerances and exemptions that are with Indian Tribal Governments (65 FR rule is not a ‘‘major rule’’ as defined by established on the basis of a petition 67249, November 6, 2000). Executive 5 U.S.C. 804(2). Order 13175, requires EPA to develop under section 408(d) of the FFDCA, List of Subjects in 40 CFR Part 180 such as the tolerance in this final rule, an accountable process to ensure do not require the issuance of a ‘‘meaningful and timely input by tribal Environmental protection, proposed rule, the requirements of the officials in the development of Administrative practice and procedure, Regulatory Flexibility Act (RFA) (5 regulatory policies that have tribal Agricultural commodities, Pesticides U.S.C. 601 et seq.) do not apply. In implications.’’ ‘‘Policies that have tribal and pests, Reporting and recordkeeping addition, the Agency has determined implications’’ is defined in the requirements. that this action will not have a Executive order to include regulations Dated: September 10, 2003. substantial direct effect on States, on the that have ‘‘substantial direct effects on Debra Edwards, relationship between the national one or more Indian tribes, on the Director, Registration Division, Office of government and the States, or on the relationship between the Federal Pesticide Programs. distribution of power and Government and the Indian tribes, or on Therefore, 40 CFR chapter I is responsibilities among the various the distribution of power and amended as follows: levels of government, as specified in responsibilities between the Federal Executive Order 13132, entitled Government and Indian tribes.’’ This PART 180—[AMENDED] Federalism(64 FR 43255, August 10, rule will not have substantial direct 1999). Executive Order 13132 requires effects on tribal governments, on the 1. The authority citation for part 180 EPA to develop an accountable process relationship between the Federal continues to read as follows: to ensure ‘‘meaningful and timely input Government and Indian tribes, or on the Authority: 21 U.S.C. 321(q), 346(a) and by State and local officials in the distribution of power and 371. development of regulatory policies that responsibilities between the Federal 2. Section 180.532 is amended by have federalism implications.’’ ‘‘Policies Government and Indian tribes, as adding alphabetically commodities to that have federalism implications’’ is specified in Executive Order 13175. the table in paragraph (a)(1) to read as defined in the Executive order to Thus, Executive Order 13175 does not follows: include regulations that have apply to this rule. § 180.532 Cyprodinil; tolerances for ‘‘substantial direct effects on the States, VIII. Congressional Review Act on the relationship between the national residues. government and the States, or on the The Congressional Review Act, 5 (a) * * * distribution of power and U.S.C. 801 et seq., as added by the Small (1) * * *

Commodity Parts per million

***** Brassica, head and stem, subgroup 5A 1.0 Brassica, leafy greens, subgroup 5B 10.0 ***** Carrot 0.75 Herb, subgroup 19A, dried 15.0 Herb, subgroup 19A, fresh 3.0 ***** Longan 2.0 Lychee 2.0 ***** Pulasan 2.0 Rambutan 2.0 ***** Spanish lime 2.0 Turnip, greens 10.0 *****

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* * * * * entities not listed in this unit could also access any of the publicly available [FR Doc. 03–23854 Filed 9–18–03; 8:45 am] be affected. The North American docket materials through the docket BILLING CODE 6560–50–S Industrial Classification System facility identified in Unit I.B.1. Once in (NAICS) codes have been provided to the system, select ‘‘search,’’ then key in assist you and others in determining the appropriate docket ID number. ENVIRONMENTAL PROTECTION whether this action might apply to II. Background and Statutory Findings AGENCY certain entities. To determine whether you or your business may be affected by In the Federal Register of February 40 CFR Part 180 this action, you should carefully 26, 2003 (68 FR 8896) (FRL–7293–9), EPA issued a notice pursuant to section [OPP–2003–0282; FRL–7324–6] examine the applicability provisions in Unit II. If you have any questions 408 of FFDCA, 21 U.S.C. 346a, as Butafenacil; Pesticide Tolerance regarding the applicability of this action amended by FQPA (Public Law 104– to a particular entity, consult the person 170), announcing the filing of a AGENCY: Environmental Protection listed under FOR FURTHER INFORMATION pesticide petition (PP 1F6309) by Agency (EPA). CONTACT. Syngenta Crop Protection, Inc., P.O. Box ACTION: Final rule. 18300, Greensboro, NC 27419–8300. B. How Can I Get Copies of this That notice included a summary of the SUMMARY: This regulation establishes a Document and Other Related petition prepared by Syngenta Crop tolerance for residues of butafenacil Information? Protection, Inc., the registrant. There (1,1-dimethyl-2-oxo-2-(2- 1. Docket. EPA has established an were no comments received in response propenyloxy)ethyl 2-chloro-5-[3,6- official public docket for this action to the notice of filing. dihydro-3-methyl-2,6-dioxo-4- under docket identification (ID) number The petition requested that 40 CFR (trifluoromethyl)-1(2H)-pyrimidinyl] OPP–2003–0282. The official public part 180 be amended by establishing a benzoate) in or on cotton and livestock docket consists of the documents tolerance for residues of the herbicide commodities. Syngenta Crop Protection, specifically referenced in this action, butafenacil, the [2+2] cycloaddition Inc. requested this tolerance under the any public comments received, and dimer of butafenacil, and CGA-293731 Federal Food, Drug, and Cosmetic Act other information related to this action. in or on cotton, undelinted seed at 0.5 (FFDCA), as amended by the Food Although a part of the official docket, parts per million (ppm); and in or on Quality Protection Act of 1996 (FQPA). the public docket does not include cotton, gin byproducts at 13.0 ppm. DATES: This regulation is effective Confidential Business Information (CBI) Section 408(b)(2)(A)(i) of the FFDCA September 19, 2003. Objections and or other information whose disclosure is allows EPA to establish a tolerance (the requests for hearings, identified by restricted by statute. The official public legal limit for a pesticide chemical docket ID number OPP–2003–0282, docket is the collection of materials that residue in or on a food) only if EPA must be received on or before November is available for public viewing at the determines that the tolerance is ‘‘safe.’’ 18, 2003. Public Information and Records Section 408(b)(2)(A)(ii) of the FFDCA ADDRESSES: Written objections and Integrity Branch (PIRIB), Rm. 119, defines ‘‘safe’’ to mean that ‘‘there is a hearing requests may be submitted Crystal Mall #2, 1921 Jefferson Davis reasonable certainty that no harm will electronically, by mail, or through hand Hwy., Arlington, VA. This docket result from aggregate exposure to the delivery/courier. Follow the detailed facility is open from 8:30 a.m. to 4 p.m., pesticide chemical residue, including instructions as provided in Unit VI. of Monday through Friday, excluding legal all anticipated dietary exposures and all the SUPPLEMENTARY INFORMATION. holidays. The docket telephone number other exposures for which there is FOR FURTHER INFORMATION CONTACT: Jim is (703) 305–5805. reliable information.’’ This includes 2. Electronic access. You may access Tompkins, Registration Division exposure through drinking water and in this Federal Register document (7505C), Office of Pesticide Programs, residential settings, but does not include electronically through the EPA Internet Environmental Protection Agency, 1200 occupational exposure. Section under the ‘‘Federal Register’’ listings at Pennsylvania Ave., NW., Washington, 408(b)(2)(C) of the FFDCA requires EPA http://www.epa.gov/fedrgstr/. A DC 20460–0001; telephone number: to give special consideration to frequently updated electronic version of (703) 305–5697; e-mail address: exposure of infants and children to the 40 CFR part 180 is available at http:// [email protected]. pesticide chemical residue in www.access.gpo.gov/nara/cfr/ establishing a tolerance and to ‘‘ensure SUPPLEMENTARY INFORMATION: cfrhtml_00/ Title_40/40cfr180_00.html, that there is a reasonable certainty that I. General Information a beta site currently under development. no harm will result to infants and To access the OPPTS Harmonized children from aggregate exposure to the A. Does this Action Apply to Me? Guidelines referenced in this document, pesticide chemical residue. . . .’’ You may be potentially affected by go directly to the guidelines at http:// EPA performs a number of analyses to this action if you are an agricultural www.epa.gov/opptsfrs/home/ determine the risks from aggregate producer, food manufacturer, or guidelin.htm. exposure to pesticide residues. For pesticide manufacturer. Potentially An electronic version of the public further discussion of the regulatory affected entities may include, but are docket is available through EPA’s requirements of section 408 of the not limited to: electronic public docket and comment FFDCA and a complete description of • Crop production (NAICS 111) system, EPA Dockets. You may use EPA the risk assessment process, see the final • Animal production (NAICS 112) Dockets at http://www.epa.gov/edocket/ rule on Bifenthrin Pesticide Tolerances • Food manufacturing (NAICS 311) to submit or view public comments, (62 FR 62961, November 26, 1997) • Pesticide manufacturing (NAICS access the index listing of the contents (FRL–5754–7). 32532) of the official public docket, and to This listing is not intended to be access those documents in the public III. Aggregate Risk Assessment and exhaustive, but rather provides a guide docket that are available electronically. Determination of Safety for readers regarding entities likely to be Although not all docket materials may Consistent with section 408(b)(2)(D) affected by this action. Other types of be available electronically, you may still of the FFDCA, EPA has reviewed the

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available scientific data and other sheep, liver at 0.50 ppm; and tolerances studies to human risk. EPA has also relevant information in support of this for residues of butafenacil in or on considered available information action. EPA has sufficient data to assess cotton, undelinted seed at 0.50 ppm; concerning the variability of the the hazards of and to make a and in or on cotton, gin byproducts at sensitivities of major identifiable determination on aggregate exposure, 10 ppm. EPA’s assessment of exposures subgroups of consumers, including consistent with section 408(b)(2) of the and risks associated with establishing infants and children. The nature of the FFDCA, for a tolerance for residues of these tolerances follows. toxic effects caused by butafenacil are butafenacil and CGA-293731 on cattle, A. Toxicological Profile discussed in Table 1 of this unit as well kidney; goat, kidney; hog, kidney; horse, EPA has evaluated the available as the no observed adverse effect level kidney; and sheep, kidney at 0.05 parts toxicity data and considered its validity, (NOAEL) and the lowest observed per million (ppm); in or on cattle, liver; completeness, and reliability as well as adverse effect level (LOAEL) from the goat, liver; hog, liver; horse, liver; and the relationship of the results of the toxicity studies reviewed.

TABLE 1.—ACUTE TOXICITY OF BUTAFENACIL

Guideline number Study Type Results Toxicity Category

870.1100 Acute oral Lethal dose (LD)50 >5,000 milligrams/kilogram IV (mg/kg) male and female (M/F)

870.1200 Acute dermal LD50 >2,000 mg/kg M/F III

870.1300 Acute inhalation Lethal concentration (LC)50 >5.10 milligrams IV per Liter (mg/L) 870.2400 Primary eye irritation Ocular irritation resolved within 96 hours III 870.2500 Primary skin irritation Not an irritant IV 870.2600 Dermal sensitization Not a sensitizer Not Applicable (NA)

TABLE 2.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY

Guideline number Study Type Results

870.3100 90–Day oral (dietary) toxicity NOAEL = 300 ppm (18.8/20.6 mg/kg/day M/F) rodents (rat) LOAEL = 1,000 ppm (62.3/69.3 mg/kg/day M/F), based on de- creased body weight gains, decreased hemoglobin, hemato- crit, mean corpuscular hemoglobin (MCH), mean corpuscular volume (MCV), increased red cell volume, increased bone marrow hypercellularity; increased bilirubin and urobilinogen; increased alanine aminotransferase; hepatocyte necrosis; in- flammatory liver cell infiltration 870.3100 90–Day oral (dietary) toxicity NOAEL = 30 ppm (4.11/5.67 mg/kg/day M/F) in rodents (mouse) LOAEL = 100 ppm (13.8/20.1 mg/kg/day M/F), based on he- patic histopathology: fatty change, glycogen deposition, and hypertrophy in both sexes 870.3150 90–Day oral (capsule) tox- NOAEL = 200 mg/kg/day M/F icity in non-rodents (dog) LOAEL = 1,000 mg/kg/day M/F, based on decreases in MCV and MCH in males; increases in RDW, HDW, platelets and triglycerides in males; and hemosiderosis in spleen and liver and extramedullary hematopoiesis the spleen in males 870.3200 28–Day dermal toxicity (rat) NOAEL = 1,000 mg/kg/day LOAEL = not determined 870.3700 Prenatal developmental tox- Maternal NOAEL = 1,000 mg/kg/day icity in rodents (rat) Maternal LOAEL = not determined Developmental NOAEL = 1,000 mg/kg/day Developmental LOAEL = not determined 870.3700 Prenatal developmental tox- Maternal NOAEL = 100 mg/kg/day icity in non-rodents (rab- Maternal LOAEL = 1,000 mg/kg/day based on decreased body bit) weight gains and food consumption during the treatment pe- riod, and on blood-stained vaginal discharge (related to total litter loss) in two doses Developmental NOAEL = 100 mg/kg/day Developmental LOAEL = 1,000 mg/kg/day based on increased early resorptions and post-implantation loss

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TABLE 2.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline number Study Type Results 870.3800 2–Generation reproduction Parental/systemic NOAEL = 30 ppm (2.4/2.5 mg/kg/day M/F) and fertility effects Parental/systemic LOAEL = 300 ppm (23.8/25.2 mg/kg/day M/ F), based on decreased body weights and food consumption and on increased incidences of bile duct hyperplasia and liver necrosis in males and females of both generations Offspring NOAEL = 300 ppm (23.8/25.2 mg/kg/day M/F) Offspring LOAEL = 1,000 ppm (79.6/83.8 M/F), based on de- creased pup body weight and body weight gain in both gen- erations Reproductive NOAEL = 30 ppm (2.4/2.5 mg/kg/day M/F) Reproductive LOAEL = 300 ppm (23.8/25.2 mg/kg/day M/F) based on an increase in the number of days to mating in both generations

870.4100 1–Year chronic oral (cap- NOAEL = 500 mg/kg/day M/F sule) toxicity (dog) LOAEL = 1,000 mg/kg/day M/F, based on decreased body weight gain in males, decreased MCV, MCH, and mean cor- puscular hemoglobin concentration (MCHC); increased thrombocytes and red cell volume distribution width; hepatic histopathology: glycogen disposition, inclusion bodies in cytoplasm, and pigment disposition in both sexes, and focal vaculolation in females

870.4200 18–Month carcinogenicity di- NOAEL = 10 ppm (1.17/1.20 mg/kg/day M/F) etary study (mouse) LOAEL = 60 ppm (6.96/6.59 mg/kg/day M/F), based on en- larged livers with increased weights, and hepatic microscopic lesions including Kupffer cell hyperplasia, inflammatory cell in- filtration, and single cell necrosis in both sexes and on depos- its of lipofuscin in males No evidence of carcinogenicity

870.4300 Combined 2–Year chronic/ NOAEL = 100 ppm (3.76/4.43 mg/kg/day M/F) carcinogenicity dietary LOAEL = 300 ppm (11.4/13.0 mg/kg/day M/F), based on mini- study (rat) mal hepatic abnormalities in the females, including a fatty change and increased mitotic activity No evidence of carcinogenicity

870.5100 In vitro bacterial gene muta- Negative in a reverse gene mutation assay in strains TA98, tion TA100, TA102, TA1535, TA1537 of S. typhimurium and strain WP2(uvrA) of E. coli in the presence and absence of mam- malian metabolic activation

870.5300 In vitro mammalian cells in Evidence of borderline induction of mutant colonies in presence culture of S9 in a mammalian cell gene mutation assay at the hypoxanthine guanine phophoribosyl transferase (HGPRT) locus of Chinese hamster V79 cells

870.5375 In vitro mammalian cyto- Negative. No evidence of increase in chromosome aberrations genetics over background

870.5395 In vivo mammalian cyto- Negative. No increase in frequency of micronucleated poly- genetics - micronucleus chromatic erythrocytes assay (mouse)

870.5550 Other genotoxicity - un- Negative. No evidence of induction of UDS; no indications of in- scheduled DNA synthesis duction of DNA damage (UDS)- in vivo/in vitro

870.5550 Other genotoxicity - UDS - Negative. No evidence of induction of UDS; no indications of in- in vitro duction of DNA damage in primary rat hepatocytes in culture

870.6200 Acute neurotoxicity screen- NOAEL = 2,000 mg/kg ing battery (rat) LOAEL = Not determined No evidence of neurotoxicity

870.6200 Subchronic neurotoxicity NOAEL = 300 ppm 21/24 mg/kg/day M/F screening battery (rat) LOAEL = 1,000 ppm 72/76 mg/kg/day M/F, based on liver histopathology and decreased motor activity at week 13 in the males No evidence of neurotoxicity

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TABLE 2.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline number Study Type Results 870.7485 Metabolism and pharmaco- Overall recovery of administered radioactivity exceeded 95%, kinetics (rat) most (74–93%) of which was eliminated in the feces. Approxi- mately 4–15% of the administered radioactivity was excreted in the urine over 168 hours while tissue residues were neg- ligible, thereby implying limited absorption. No radioactivity was detected in expired air. Excretion of radioactivity was >90% complete by 48 hours. Up to six components were de- tected in the urine of rats from both dose groups, the most prevalent being an hydrolysis product, CGA-293731 which represented >90% of urinary radioactivity. Urinary elimination of metabolites was quantitatively greater in female rats than in males. Only minor amounts (near detection limits) of parent compound were detected in the urine of high-dose males. Based upon biliary elimination, ¥74–79% of the dose entered the hepatobiliary pathway but was eliminated via the feces. An increase in parent compound in feces of the high-dose group was indicative of saturated absorption and/or saturated metabolism, but could not be definitively resolved due to the absence of biliary elimination studies at the high dose. Biliary elimination studies revealed that approximately 60–64% of the administered low dose was detected in 0–4 hour pooled bile samples and that the majority of fecal radioactivity could be attributed to biliary metabolites 870.7485 Mechanistic studies Effects on enzymes of cultured mouse, rat, and/or human hepatocytes involved with heme biosynthesis 870.7485 Mechanistic studies Effects on liver microsomal and plasma protox activity and its metabolic conversion 870.7485 Mechanistic studies Effects on porphyrin profile in rats; treatment induced porphyria, consisting of accumulation of selected porphyrins in the liver, spleen, and plasma and increased excretion in urine and feces 870.7485 Mechanistic studies Test substance interferes with heme biosynthesis in rats, as evi- denced by dose-dependent, pronounced porphyria in the liver, spleen, and plasma; increased porphyrin excretion, and decreased activity of various isoenzymes of the hepatic microsomal cytochrome P450 system 870.7485 Mechanistic studies Test substance interferes with heme biosynthesis in mice, as evidenced by dose-dependent, pronounced porphyria in the liver, spleen, and plasma; increased porphyrin excretion, and decreased activity of various isoenzymes of the hepatic microsomal cytochrome P450 system 870.7485 Mechanistic studies Effects on porphyrin profile in mice; treatment induced porphyria, consisting of accumulation of selected porphyrins in the tissue and plasma, and increased excretion of heme precursors

B. Toxicological Endpoints For dietary risk assessment (other For non-dietary risk assessments The dose at which the NOAEL from than cancer) the Agency uses the UF to (other than cancer) the UF is used to the toxicology study identified as calculate an acute or chronic reference determine the level of concern (LOC). appropriate for use in risk assessment is dose (acute RfD or chronic RfD) where For example, when 100 is the used to estimate the margin of exposure the RfD is equal to the NOAEL divided appropriate UF (10X to account for (MOE). An uncertainty factor (UF) is by the appropriate UF (RfD = NOAEL/ interspecies differences and 10X for applied to reflect uncertainties inherent UF). Where an additional safety factors intraspecies differences) the LOC is 100. in the extrapolation from laboratory (SF) is retained due to concerns unique To estimate risk, a ratio of the NOAEL animal data to humans and in the to the FQPA, this additional factor is to exposures (margin of exposure (MOE) variations in sensitivity among members applied to the RfD by dividing the RfD = NOAEL/exposure) is calculated and of the human population as well as by such additional factor. The acute or compared to the LOC. other unknowns. A UF of 100 is chronic Population Adjusted Dose A summary of the toxicological routinely used, 10X to account for (aPAD or cPAD) is a modification of the endpoints for butafenacil used for interspecies differences and 10X for RfD to accommodate this type of FQPA human risk assessment is shown in intraspecies differences. SF. Table 3 of this unit:

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TABLE 3.—TOXICOLOGICAL DOSE AND ENDPOINTS FOR BUTAFENACIL

Special FQPA SF* and Exposure Scenario Dose Used in Risk Assess- Level of Concern for Risk Study and Toxicological Effects ment, UF Assessment

Acute dietary (General pop- None NA An endpoint attributable to a single dose ulation including infants is not available in the data base and children)

Chronic dietary (All popu- NOAEL= 1.2 mg/kg/day Special FQPA SF = 1 Mouse oncogenicity study lations) UF = 100 cPAD = chronic RfD The LOAEL is 6.96 mg/kg/day, based on Chronic RfD = 0.012 Special FQPA SF = enlarged livers with increased weights, mg/kg/day 0.012 mg/kg/day and hepatic microscopic lesions includ- ing Kupffer cell hyperplasia, inflam- matory cell infiltration, and single cell necrosis in both sexes and on deposits of lipofuscin in males

Short-term inhalation (1 to Oral NOAEL = 18.8 mg/ Residential LOC for 90–day rat feeding study 30 days) kg/day MOE = 100 The LOAEL for this study is 62.3 mg/kg/ Occupational = 100 day based on decreased hemoglobin, hematocrit, mean corpuscular hemo- globin, mean corpuscular volume, in- creased red cell volume distribution width, and increased incidence of bone marrow hypercellularity

Short-term incidental oral (1 NOAEL = 18.8 mg/kg/ Residential LOC for 90–day rat feeding study to 30 days) day MOE = 100 The LOAEL for this study is 62.3 mg/kg/ Occupational = NA day, based on decreased hemoglobin, hematocrit, mean corpuscular hemo- globin, mean corpuscular volume, in- creased red cell volume distribution width, and increased incidence of bone marrow hypercellularity

Intermediate-term incidental NOAEL = 18.8 mg/kg/ Residential LOC for 90–day rat feeding study oral (1–6 months) day MOE = 100 The LOAEL for this study is 62.3 mg/kg/ Occupational = NA day, based on decreased hemoglobin, hematocrit, mean corpuscular hemo- globin, mean corpuscular volume, in- creased red cell volume distribution width, and increased incidence of bone marrow hypercellularity

Dermal (All durations) NA NA Quantification of dermal risk assessment is not required due to lack of concern for dermal, systemic or developmental toxicity

Short-term inhalation (1 to Oral NOAEL = 18.8 mg/ Residential LOC for 90–day rat feeding study 30 days) kg/day MOE = 100 The LOAEL for this study is 62.3 mg/kg/ Occupational = 100 day based on decreased hemoglobin, hematocrit, mean corpuscular hemo- globin, mean corpuscular volume, in- creased red cell volume distribution width, and increased incidence of bone marrow hypercellularity

Intermediate-term inhalation Oral NOAEL = 18.8 mg/ Residential LOC for 90–day rat feeding study (1 to 6 months) kg/day MOE = 100 The LOAEL for this study is 62.3 mg/kg/ Occupational = 100 day, based on decreased hemoglobin, hematocrit, mean corpuscular hemo- globin, mean corpuscular volume, in- creased red cell volume distribution width, and increased incidence of bone marrow hypercellularity

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TABLE 3.—TOXICOLOGICAL DOSE AND ENDPOINTS FOR BUTAFENACIL—Continued

Special FQPA SF* and Exposure Scenario Dose Used in Risk Assess- Level of Concern for Risk Study and Toxicological Effects ment, UF Assessment Long-term inhalation (>6 Oral NOAEL = 1.2 mg/ Residential LOC for Mouse oncogenicity study months) kg/day MOE = 100 The LOAEL is 6.96 mg/kg/day, based on Occupational = 100 enlarged livers with increased weights, and hepatic microscopic lesions includ- ing Kupffer cell hyperplasia, inflam- matory cell infiltration, and single cell necrosis in both sexes and on deposits of lipofuscin in males Cancer (oral, dermal, inhala- NA NA Classified as ‘‘not likely to be carcino- tion) genic to humans’’ * The reference to the Special FQPA SF refers to any additional SF retained due to concerns unique to the FQPA.

C. Exposure Assessment analysis and risk assessment for exposure and risk as a %RfD or %PAD. 1. Dietary exposure from food and butafenacil in drinking water. Because Instead drinking water levels of the Agency does not have comparison (DWLOCs) are calculated feed uses. No tolerances have previously comprehensive monitoring data, and used as a point of comparison been established for butafenacil. Risk drinking water concentration estimates against the model estimates of a assessments were conducted by EPA to are made by reliance on simulation or pesticide’s concentration in water. assess dietary exposures from modeling taking into account data on DWLOCs are theoretical upper limits on butafenacil in food as follows: the physical characteristics of a pesticide’s concentration in drinking i. Acute exposure. Quantitative acute butafenacil. water in light of total aggregate exposure dietary risk assessments are performed The Agency uses the First Index to a pesticide in food, and from for a food-use pesticide if a toxicological Reservoir Screening Tool (FIRST) or the residential uses. Since DWLOCs address study has indicated the possibility of an Pesticide Root Zone/Exposure Analysis total aggregate exposure to butafenacil effect of concern occurring as a result of Modeling System (PRZM/EXAMS), to they are further discussed in Unit III.E. a 1–day or single exposure. No produce estimates of pesticide Based on the FIRST and SCI-GROW appropriate endpoint attributable to a concentrations in an index reservoir. models, the EECs of butafenacil for single exposure was identified for The screening concentration in ground chronic exposures are estimated to be butafenacil in either the general water (SCI-GROW) model is used to 0.049 parts per billion (ppb) for surface population or to the subpopulation of predict pesticide concentrations in water and 0.00095 ppb for ground females 13–50 years old, therefore no shallow ground water. For a screening- water. acute exposure assessment was level assessment for surface water EPA 3. From non-dietary exposure. The performed. will use FIRST (a Tier I model) before term ‘‘residential exposure’’ is used in ii. Chronic exposure. In conducting using PRZM/EXAMS (a Tier II model). this document to refer to non- this chronic dietary risk assessment, the The FIRST model is a subset of the occupational, non-dietary exposure Dietary Exposure Evaluation Model PRZM/EXAMS model that uses a (e.g., for lawn and garden pest control, Food Commodity Intake Database specific high-end runoff scenario for indoor pest control, termiticides, and (DEEM-FCID) analysis evaluated the pesticides. While both FIRST and flea and tick control on pets). individual food consumption as PRZM/EXAMS incorporate an index Butafenacil is not proposed for reported by respondents in the USDA reservoir environment, the PRZM/ registration for use on any sites that 1994–1996, and 1998 nationwide EXAMS model includes a percent crop would result in residential exposure. Continuing Surveys of Food Intake by area factor as an adjustment to account 4. Cumulative effects from substances Individuals (CSFII) and accumulated for the maximum percent crop coverage with a common mechanism of toxicity. exposure to the chemical for each within a watershed or drainage basin. Section 408(b)(2)(D)(v) of the FFDCA commodity. The following assumptions None of these models include requires that, when considering whether were made for the chronic exposure consideration of the impact processing to establish, modify, or revoke a assessments: The dietary exposure (mixing, dilution, or treatment) of raw tolerance, the Agency consider analysis assumed 100% crop treated water for distribution as drinking water ‘‘available information’’ concerning the and tolerance level residues or would likely have on the removal of cumulative effects of a particular maximum field trial residues. Based on pesticides from the source water. The pesticide’s residues and ‘‘other total food exposure for butafenacil, all primary use of these models by the substances that have a common population subgroups are below 1% Agency at this stage is to provide a mechanism of toxicity.’’ cPAD. coarse screen for sorting out pesticides EPA does not have, at this time, iii. Cancer. Butafenacil showed no for which it is highly unlikely that available data to determine whether evidence of carcinogenicity in animal drinking water concentrations would butafenacil has a common mechanism tests in two different species, and ever exceed human health LOC. of toxicity with other substances. Unlike therefore, a quantitative cancer risk Since the models used are considered other pesticides for which EPA has assessment was not performed. to be screening tools in the risk followed a cumulative risk approach 2. Dietary exposure from drinking assessment process, the Agency does based on a common mechanism of water. The Agency lacks sufficient not use estimated environmental toxicity, EPA has not made a common monitoring exposure data to complete a concentrations (EECs) from these mechanism of toxicity finding as to comprehensive dietary exposure models to quantify drinking water butafenacil and any other substances

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and butafenacil does not appear to • There are no residential consumption, and body weights. Default produce a toxic metabolite produced by uncertainties for prenatal or postnatal body weights and consumption values other substances. For the purposes of toxicity. as used by EPA’s Office of Water are this tolerance action, therefore, EPA has • The toxicological data base is used to calculate DWLOCs: 2 L/70 kg not assumed that butafenacil has a complete for the assessment of toxicity (adult male), 2L/60 kg (adult female), common mechanism of toxicity with and susceptibility following prenatal and 1L/10 kg (child). Default body other substances. For information and/or postnatal exposures. No clinical weights and drinking water regarding EPA’s efforts to determine signs of neurotoxicity or neuropathology consumption values vary on an which chemicals have a common were observed in the data base, and the individual basis. This variation will be mechanism of toxicity and to evaluate developmental neurotoxicity study was taken into account in more refined the cumulative effects of such not required. screening-level and quantitative • chemicals, see the policy statements There are no residual concerns drinking water exposure assessments. released by EPA’s Office of Pesticide regarding prenatal or postnatal toxicity Different populations will have different Programs concerning common or completeness of the toxicity or DWLOCs. Generally, a DWLOC is exposure data base. mechanism determinations and • calculated for each type of risk procedures for cumulating effects from The dietary food exposure assessment used: Acute, short-term, substances found to have a common assessment is Tier I, screening level, intermediate-term, chronic, and cancer. which is based on tolerance level mechanism on EPA’s website at http:// When EECs for surface water and www.epa.gov/pesticides/cumulative/. residues or maximum field trial residues and assumes 100% of all crops will be ground water are less than the D. Safety Factor for Infants and treated with chemical. By using these calculated DWLOCs, EPA concludes Children screening level assessments, actual with reasonable certainty that exposures exposures/risks will not be to the pesticide in drinking water (when 1. In general. Section 408 of the underestimated. considered along with other sources of FFDCA provides that EPA shall apply • The dietary drinking water exposure for which EPA has reliable an additional tenfold margin of safety assessment utilizes water concentration data) would not result in unacceptable for infants and children in the case of values generated by health protective, levels of aggregate human health risk at threshold effects to account for prenatal high-end estimates of water this time. Because EPA considers the and postnatal toxicity and the concentrations which will not likely be aggregate risk resulting from multiple completeness of the data base on exceeded. exposure pathways associated with a toxicity and exposure unless EPA • There are currently no registered pesticide’s uses, levels of comparison in determines that a different margin of residential uses of butafenacil. drinking water may vary as those uses safety will be safe for infants and • These assessments will not change. If new uses are added in the children. Margins of safety are underestimate the exposure/risks posed future, EPA will reassess the potential incorporated into EPA risk assessments by current or proposed uses of impacts of residues of the pesticide in either directly through use of a MOE butafenacil. drinking water as a part of the aggregate analysis or through using uncertainty risk assessment process. (safety) factors in calculating a dose E. Aggregate Risks and Determination of Safety 1. Acute risk. No acute risk from level that poses no appreciable risk to exposure to butafenacil is expected To estimate total aggregate exposure humans. because there were no toxic effects of to a pesticide from food, drinking water, 2. Prenatal and postnatal sensitivity. concern attributable to a single dose and residential uses, the Agency There are no residual concerns identified in available data. regarding prenatal or postnatal toxicity calculates DWLOCs which are used as a point of comparison against the model 2. Chronic risk. Using the exposure or completeness of the toxicity or assumptions described in this unit for exposure data base. estimates of a pesticide’s concentration in water (EECs). DWLOC values are not chronic exposure, EPA has concluded 3. Conclusion. There is a complete regulatory standards for drinking water. that exposure to butafenacil from food toxicity data base for butafenacil and DWLOCs are theoretical upper limits on will utilize <1% of the cPAD for the exposure data are complete or are a pesticide’s concentration in drinking U.S. population, <1% of the cPAD for estimated based on data that reasonably water in light of total aggregate exposure infants ages 1–2, and <1% of the cPAD accounts for potential exposures. EPA to a pesticide in food and residential for children ages 3–5. There are no determined that the 10X SF to protect uses. In calculating a DWLOC, the proposed residential uses for butafenacil infants and children could be reduced Agency determines how much of the that result in chronic residential to 1X. The FQPA factor was reduced acceptable exposure (i.e., the PAD) is exposure to butafenacil. In addition, because: available for exposure through drinking there is potential for chronic dietary • There is no quantitative or water (e.g., allowable chronic water exposure to butafenacil in drinking qualitative evidence of increased exposure (mg/kg/day) = cPAD - (average water. After calculating DWLOCs and susceptibility of rat and rabbit fetuses to food + residential exposure)). This comparing them to the EECs for surface in utero exposure in developmental allowable exposure through drinking water and ground water, EPA does not studies or to in utero and postnatal water is used to calculate a DWLOC. expect the aggregate exposure to exceed exposure to rats in the 2–generation A DWLOC will vary depending on the 100% of the cPAD, as shown in Table reproduction study. toxic endpoint, drinking water 4 of this unit:

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TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO BUTAFENACIL

Surface cPAD (mg/ % cPAD Chronic Food Ground Water Chronic Population Exposure1 Water EEC2 2 DWLOC3 (ppb) kg/day) (mg/kg/day) (mg/kg/day) EEC (ppb) (ppb) General U.S. population 0.012 <1% 0.000041 0.00095 0.049 420 All infants (< 1 year old) 0.012 <1% 0.000014 0.00095 0.049 120 Children (1–2 years old) 0.012 <1% 0.000097 0.00095 0.049 120 Children (3–5 years old) 0.012 <1% 0.000104 0.00095 0.049 120 Children (6–12 years old) 0.012 <1% 0.000069 0.00095 0.049 120 Youth (13–19 years old) 0.012 <1% 0.000036 0.00095 0.049 360 Adults (20–49 years old) 0.012 <1% 0.000033 0.00095 0.049 420 Females (13–49 years old) 0.012 <1% 0.000030 0.00095 0.049 360 Adults (50+ years old) 0.012 <1% 0.000031 0.00095 0.049 420 1 Maximum chronic water exposure (mg/kg/day) = cPAD (mg/kg/day) - chronic food exposure from DEEM (mg/kg/day); no res. exp. 2 Parent plus CGA-293731; cotton application scenario - 1 x 0.141 lb ai/acre; maximum proposed rate 3 DWLOC(µg/L) = (allowable water exposure (mg/kg/day) x body weight (kg) x 1,000 µg/mg) ÷ (water consumption (liters)) Consumption = 1 L/day for populations <13 years old and 2 L/day for populations ≥ 13 years old. Default body weights = 70 kg for general U.S. population and adult males, 60 kg for youth and females ≥ 13 years old, and 10 kg for all others.

3. Short-term risk. Short-term IV. Other Considerations maximum residues of butafenacil from aggregate exposure takes into account the goat metabolism study. A. Analytical Enforcement Methodology residential exposure plus chronic V. Conclusion exposure to food and water (considered Syngenta Crop Protection, Inc. proposed Syngenta Method 131–99 for to be a background exposure level). Therefore, the tolerance is established enforcement of the proposed cotton Butafenacil is not proposed for for residues of butafenacil, in or on tolerances (adequate validation, registrations for use on any sites that cattle, kidney; goat, kidney; hog, kidney; would result in residential exposure. independent laboratory validation (ILV), and radiovalidation data have been horse, kidney; and sheep, kidney at 0.05 Therefore, the aggregate risk is the sum submitted). The petitioner did not ppm; in or on cattle, liver; goat, liver; of the risk from food and water, which propose ruminant liver and kidney hog, liver; horse, liver; and sheep, liver do not exceed the Agency’s LOC. tolerances and therefore did not propose at 0.50 ppm; in or on cotton, undelinted 4. Intermediate-term risk. a method for enforcement of the seed at 0.50 ppm; and in or on cotton, Intermediate-term aggregate exposure recommended ruminant liver and gin byproducts at 10 ppm. takes into account residential exposure kidney tolerances. The petitioner has VI. Objections and Hearing Requests plus chronic exposure to food and water and will submit an enforcement (considered to be a background method, adequate validation, ILV, and Under section 408(g) of the FFDCA, as exposure level). Butafenacil is not radiovalidation for enforcement of the amended by the FQPA, any person may proposed for registrations for use on any ruminant liver and kidney tolerances as file an objection to any aspect of this sites that would result in residential a condition of registration. regulation and may also request a exposure. Therefore, the aggregate risk B. International Residue Limits hearing on those objections. The EPA is the sum of the risk from food and procedural regulations which govern the water, which do not exceed the Canada, Codex, and Mexico do not submission of objections and requests have maximum residue limits for Agency’s LOC. for hearings appear in 40 CFR part 178. residues of butafenacil in/on cotton. 5. Aggregate cancer risk for U.S. Although the procedures in those Therefore, harmonization is not an regulations require some modification to population. Butafenacil is not expected issue. reflect the amendments made to the to pose a cancer risk because no FFDCA by the FQPA, EPA will continue evidence of carcinogenicity was found C. Conditions to use those procedures, with in adequate animal tests in two different As a condition of registration, the appropriate adjustments, until the species, therefore no aggregate cancer petitioner must submit: necessary modifications can be made. risk assessment was performed. 1. A ruminant liver and kidney enforcement method and submit The new section 408(g) of the FFDCA 6. Determination of safety. Based on adequate validation, ILV, and provides essentially the same process these risk assessments, EPA concludes radiovalidation data. for persons to ‘‘object’’ to a regulation that there is a reasonable certainty that 2. Submit confirmatory data on the for an exemption from the requirement no harm will result to the general frozen storage stability of residues of of a tolerance issued by EPA under new population, and to infants and children butafenacil in or on cottonseed, cotton section 408(d) of FFDCA, as was from aggregate exposure to butafenacil gin byproduct, cotton hull, cotton meal, provided in the old sections 408 and residues. and cotton oil. 409 of the FFDCA. However, the period 3. Submit a ruminant feeding study to for filing objections is now 60 days, confirm the Agency’s estimate of rather than 30 days.

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A. What Do I Need to Do to File an 5697, by e-mail at response to a petition submitted to the Objection or Request a Hearing? [email protected], or by mailing a Agency. The Office of Management and You must file your objection or request for information to Mr. Tompkins Budget (OMB) has exempted these types request a hearing on this regulation in at Registration Division (7505C), Office of actions from review under Executive accordance with the instructions of Pesticide Programs, Environmental Order 12866, entitled Regulatory provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania Planning and Review (58 FR 51735, 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460– October 4, 1993). Because this rule has you must identify docket ID number 0001. been exempted from review under If you would like to request a waiver OPP–2003–0282 in the subject line on Executive Order 12866 due to its lack of of the tolerance objection fees, you must the first page of your submission. All significance, this rule is not subject to mail your request for such a waiver to: requests must be in writing, and must be Executive Order 13211, Actions James Hollins, Information Resources mailed or delivered to the Hearing Clerk Concerning Regulations That and Services Division (7502C), Office of Significantly Affect Energy Supply, on or before November 18, 2003. Pesticide Programs, Environmental 1. Filing the request. Your objection Distribution, or Use (66 FR 28355, May Protection Agency, 1200 Pennsylvania must specify the specific provisions in 22, 2001). This final rule does not Ave., NW., Washington, DC 20460– the regulation that you object to, and the contain any information collections 0001. subject to OMB approval under the grounds for the objections (40 CFR 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 178.25). If a hearing is requested, the to filing an objection or hearing request U.S.C. 3501 et seq., or impose any objections must include a statement of with the Hearing Clerk as described in enforceable duty or contain any the factual issues(s) on which a hearing Unit VI.A., you should also send a copy unfunded mandate as described under is requested, the requestor’s contentions of your request to the PIRIB for its on such issues, and a summary of any inclusion in the official record that is Title II of the Unfunded Mandates evidence relied upon by the objector (40 described in Unit I.B.1. Mail your Reform Act of 1995 (UMRA) (Public CFR 178.27). Information submitted in copies, identified by docket ID number Law 104–4). Nor does it require any connection with an objection or hearing OPP–2003–0282, to: Public Information special considerations under Executive request may be claimed confidential by and Records Integrity Branch, Order 12898, entitled Federal Actions to marking any part or all of that Information Resources and Services Address Environmental Justice in information as CBI. Information so Division (7502C), Office of Pesticide Minority Populations and Low-Income marked will not be disclosed except in Programs, Environmental Protection Populations (59 FR 7629, February 16, accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person action under Executive Order 13045, information that does not contain CBI or by courier, bring a copy to the entitled Protection of Children from must be submitted for inclusion in the location of the PIRIB described in Unit Environmental Health Risks and Safety public record. Information not marked I.B.1. You may also send an electronic Risks (62 FR 19885, April 23, 1997). confidential may be disclosed publicly copy of your request via e-mail to: opp- This action does not involve any by EPA without prior notice. [email protected]. Please use an ASCII technical standards that would require Mail your written request to: Office of file format and avoid the use of special Agency consideration of voluntary the Hearing Clerk (1900C), characters and any form of encryption. consensus standards pursuant to section Environmental Protection Agency, 1200 Copies of electronic objections and 12(d) of the National Technology Pennsylvania Ave., NW., Washington, hearing requests will also be accepted Transfer and Advancement Act of 1995 DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or (NTTAA), Public Law 104–113, section your request to the Office of the Hearing ASCII file format. Do not include any 12(d) (15 U.S.C. 272 note). Since Clerk in Rm. 104, Crystal Mall #2, 1921 CBI in your electronic copy. You may tolerances and exemptions that are Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your established on the basis of a petition The Office of the Hearing Clerk is open request at many Federal Depository under section 408(d) of the FFDCA, from 8 a.m. to 4 p.m., Monday through Libraries. such as the tolerance in this final rule, Friday, excluding legal holidays. The do not require the issuance of a telephone number for the Office of the B. When Will the Agency Grant a proposed rule, the requirements of the Hearing Clerk is (703) 603–0061. Request for a Hearing? Regulatory Flexibility Act (RFA) (5 2. Tolerance fee payment. If you file A request for a hearing will be granted U.S.C. 601 et seq.) do not apply. In an objection or request a hearing, you if the Administrator determines that the addition, the Agency has determined must also pay the fee prescribed by 40 material submitted shows the following: that this action will not have a CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue substantial direct effect on States, on the fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility relationship between the national must mail the fee to: EPA Headquarters that available evidence identified by the government and the States, or on the Accounting Operations Branch, Office requestor would, if established resolve distribution of power and of Pesticide Programs, P.O. Box one or more of such issues in favor of responsibilities among the various 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account levels of government, as specified in identify the fee submission by labeling uncontested claims or facts to the Executive Order 13132, entitled it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual Federalism(64 FR 43255, August 10, EPA is authorized to waive any fee issues(s) in the manner sought by the 1999). Executive Order 13132 requires requirement ‘‘when in the judgement of requestor would be adequate to justify EPA to develop an accountable process the Administrator such a waiver or the action requested (40 CFR 178.32). to ensure ‘‘meaningful and timely input refund is equitable and not contrary to by State and local officials in the the purpose of this subsection.’’ For VII. Statutory and Executive Order development of regulatory policies that additional information regarding the Reviews have federalism implications.’’ ‘‘Policies waiver of these fees, you may contact This final rule establishes a tolerance that have federalism implications’’ is James Tompkins by phone at (703) 305– under section 408(d) of the FFDCA in defined in the Executive Order to

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include regulations that have List of Subjects in 40 CFR Part 180 (d) Indirect and inadvertant residues. ‘‘substantial direct effects on the States, Environmental protection, [Reserved] on the relationship between the national Administrative practice and procedure, [FR Doc. 03–23853 Filed 9–18–03; 8:45 am] government and the States, or on the Agricultural commodities, Pesticides BILLING CODE 6560–50–S distribution of power and and pests, Reporting and recordkeeping responsibilities among the various requirements. levels of government.’’ This final rule ENVIRONMENTAL PROTECTION directly regulates growers, food AGENCY processors, food handlers and food Dated: September 10, 2003. 40 CFR Part 180 retailers, not States. This action does not James Jones, alter the relationships or distribution of [OPP–2003–0300; FRL–7324–9] power and responsibilities established Director, Office of Pesticide Programs. by Congress in the preemption Therefore, 40 CFR chapter I is S-Metolachlor; Pesticide Tolerances provisions of section 408(n)(4) of the amended as follows: AGENCY: Environmental Protection FFDCA. For these same reasons, the PART 180—[AMENDED] Agency (EPA). Agency has determined that this rule ACTION: Final rule. does not have any ‘‘tribal implications’’ 1. The authority citation for part 180 as described in Executive Order 13175, continues to read as follows: SUMMARY: This regulation establishes entitled Consultation and Coordination tolerances for combined residues of the Authority: 21 U.S.C. 321(q), 346(a) and herbicide S-metolachlor and its with Indian Tribal Governments (65 FR 371. 67249, November 6, 2000). Executive metabolites in or on asparagus; carrot, 2. Section 180.592 is added to read as Order 13175, requires EPA to develop roots; horseradish; onion, green; follows: an accountable process to ensure rhubarb; and swiss chard. The ‘‘meaningful and timely input by tribal § 180.592 Butafenacil; tolerances for Interregional Research Project Number 4 officials in the development of residues. (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic regulatory policies that have tribal (a) General. (1) Tolerances are Act (FFDCA), as amended by the Food implications.’’ ‘‘Policies that have tribal established for residues of the herbicide Quality Protection Act (FQPA) of 1996. implications’’ is defined in the butafenacil, (1,1-dimethyl-2-oxo-2-(2- Executive Order to include regulations propenyloxy)ethyl 2-chloro-5-[3,6- DATES: This regulation is effective that have ‘‘substantial direct effects on dihydro-3-methyl-2,6-dioxo-4- September 19, 2003. Objections and one or more Indian tribes, on the (trifluoromethyl)-1(2H)-pyrimidinyl] requests for hearings, identified by relationship between the Federal benzoate) in or on the following raw docket ID number OPP–2003–0300, must be received on or before November Government and the Indian tribes, or on agricultural commodities: 18, 2003. the distribution of power and responsibilities between the Federal Commodity Parts per million ADDRESSES: Written objections and hearing requests may be submitted Government and Indian tribes.’’ This Cotton, gin byproducts ... 10 rule will not have substantial direct electronically, by mail, or through hand Cotton, undelinted seed 0.50 delivery/courier. Follow the detailed effects on tribal governments, on the instructions as provided in Unit VI. of relationship between the Federal (2) Tolerances are established for the SUPPLEMENTARY INFORMATION. Government and Indian tribes, or on the residues of the herbicide butafenacil, FOR FURTHER INFORMATION CONTACT: distribution of power and (1,1-dimethyl-2-oxo-2-(2- responsibilities between the Federal Hoyt Jamerson, Registration Division propenyloxy)ethyl 2-chloro-5-[3,6- (7505C), Office of Pesticide Programs, Government and Indian tribes, as dihydro-3-methyl-2,6-dioxo-4- Environmental Protection Agency, 1200 specified in Executive Order 13175. (trifluoromethyl)-1(2H)-pyrimidinyl] Pennsylvania Ave., NW.,Washington, Thus, Executive Order 13175 does not benzoate) and its metabolite CGA- DC 20460–0001; telephone number: apply to this rule. 293731 (1-carboxy-1-methylethyl 2- (703) 308–9368; e-mail chloro-5-[3,6-dihydro-3-methyl-2,6- address:[email protected]. VIII. Congressional Review Act dioxo-4-(trifluoromethyl)-1(2H)- SUPPLEMENTARY INFORMATION: The Congressional Review Act, 5 pyrimidinyl] benzoate), in or on the U.S.C. 801 et seq., as added by the Small following livestock commodities: I. General Information Business Regulatory Enforcement Commodity Parts per million A. Does this Action Apply to Me? Fairness Act of 1996, generally provides You may be potentially affected by that before a rule may take effect, the Cattle, kidney ...... 0.05 agency promulgating the rule must Cattle, liver ...... 0.50 this action if you are an agricultural submit a rule report, which includes a Goats, kidney ...... 0.05 producer, food manufacturer, or copy of the rule, to each House of the Goats, liver ...... 0.50 pesticide manufacturer. Potentially Congress and to the Comptroller General Hog, kidney ...... 0.05 affected entities may include, but are Hog, liver ...... 0.50 not limited to: of the United States. EPA will submit a Horse, kidney ...... 0.05 • Crop production (NAICS 111) report containing this rule and other Horse, liver ...... 0.50 • Animal production (NAICS 112) required information to the U.S. Senate, Sheep, kidney ...... 0.05 • Food manufacturer (NAICS 311) the U.S. House of Representatives, and Sheep, liver ...... 0.50 • Pesticide manufacturer (NAICS the Comptroller General of the United 32532) States prior to publication of this final (b) Section 18 emergency exemptions. This listing is not intended to be rule in the Federal Register. This final [Reserved] exhaustive, but rather provides a guide rule is not a ‘‘major rule’’ as defined by (c) Tolerances with regional for readers regarding entities likely to be 5 U.S.C. 804(2). registrations. [Reserved] affected by this action. Other types of

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entities not listed in this unit could also issued a notice pursuant to section 408 EPA performs a number of analyses to be affected. The North American of FFDCA, 21 U.S.C. 346a, as amended determine the risks from aggregate Industrial Classification System by FQPA (Public Law 104–170), exposure to pesticide residues. For (NAICS) codes have been provided to announcing the filing of pesticide further discussion of the regulatory assist you and others in determining petitions (4E4420, 7E4916, 8E5029, requirements of section 408 of the whether this action might apply to 8E5030, 9E6055, and 2E6374) by IR-4, FFDCA and a complete description of certain entities. If you have any 681 U.S. Highway #1 South, North the risk assessment process, see the final questions regarding the applicability of Brunswick, NJ 08902–3390. That notice rule on Bifenthrin Pesticide Tolerances, this action to a particular entity, consult included a summary of the petitions November 26, 1997 (62 FR 62961) (FRL– the person listed under FOR FURTHER prepared by Syngenta Crop Protection, 5754–7). INFORMATION CONTACT. Swing Road, Greensboro, NC 27641, the III. Aggregate Risk Assessment and B. How Can I Get Copies of this registrant. There were no comments Determination of Safety received in response to the notice of Document and Other Related Consistent with section 408(b)(2)(D) Information? filing. The petitions requested that 40 CFR of the FFDCA, EPA has reviewed the 1. Docket. EPA has established an 180.368 be amended by establishing available scientific data and other official public docket for this action tolerances for combined residues of the relevant information in support of this under docket identification (ID) number herbicide S-metolachlor, acetamid, 2- action. EPA has sufficient data to assess OPP–2003–0300. The official public chloro-N-(2-ethyl-6-methylphenyl)-N-(2- the hazards of and to make a docket consists of the documents methoxy-1-methylethyl)-, (S) and its determination on aggregate exposure, specifically referenced in this action, metabolites, determined as the consistent with section 408(b)(2) of the any public comments received, and derivatives, 2-[(2-ethyl-6- FFDCA, for tolerances for combined other information related to this action. methylphenyl)amino]-1-propanol (CGA- residues of S-metolachlor and its Although a part of the official docket, 37913) and 4-(2-ethyl-6-methylphenyl)- metabolites on asparagus at 0.10 ppm; the public docket does not include 2-hydroxy-5-methyl-3-morpholinone carrot, roots at 0.20 ppm; horseradish at Confidential Business Information (CBI) (CGA-49751), each expressed as the 0.20 ppm; onion, green at 0.20 ppm; or other information whose disclosure is parent compound, in or on asparagus at rhubarb at 0.10 ppm; and swiss chard at restricted by statute. The official public 0.1 part per million (ppm) (9E6055); 0.10 ppm. EPA’s assessment of docket is the collection of materials that carrot, roots at 0.1 ppm (7E4916); exposures and risks associated with is available for public viewing at the horseradish at 0.1 ppm (7E4916); onion, establishing the tolerances follows. Public Information and Records green at 0.2 ppm (2E6374); pepper, bell Integrity Branch (PIRIB), Rm. 119, A. Toxicological Profile at 0.50 ppm (4E4420); pepper, nonbell Crystal Mall #2, 1921 Jefferson Davis Metolachlor is a choroacetanilide at 0.50 ppm (4E4420); rhubarb at 0.1 Hwy., Arlington, VA. This docket herbicide that was first registered as a ppm (8E5029); and swiss chard at 0.1 facility is open from 8:30 a.m. to 4 p.m., pesticide in 1976. Metolachlor is a ppm (8E5030). IR-4 subsequently Monday through Friday, excluding legal racemic mixture consisting of 50% each revised 7E4916 to propose tolerances for holidays. The docket telephone number of the R-enantiomer (CGA 77101) and carrot, roots at 0.20 ppm and horse is (703) 305–5805. the S-enantiomer (CGA 77102). The S- 2. Electronic access. You may access radish at 0.20 ppm. IR-4 also withdrew enantiomer is the herbicidally active this Federal Register document 4E4420 for pepper. IR-4 plans to submit isomer. S-metolachlor is also a racemic electronically through the EPA Internet a pesticide petition proposing a mixture comprised of 88% S- under the ‘‘Federal Register’’ listings at tolerance for fruiting vegetable group, enantiomer and 12% R-enantiomer. The http://www.epa.gov/fedrgstr/. A which includes bell and nonbell pepper, Agency has determined that S- frequently updated electronic version of later in 2003. metolachlor has either comparable or 40 CFR part 180 is available at http// Section 408(b)(2)(A)(i) of the FFDCA decreased toxicity as compared to www.access.gpo.gov/nara/cfr/ allows EPA to establish a tolerance (the racemic metolachlor. cfrhtml_00/Title_40/ 40cfr180_00.html, legal limit for a pesticide chemical EPA has evaluated the available a beta site currently under development. residue in or on a food) only if EPA toxicity data and considered its validity, An electronic version of the public determines that the tolerance is ‘‘safe.’’ completeness, and reliability as well as docket is available through EPA’s Section 408(b)(2)(A)(ii) of the FFDCA the relationship of the results of the electronic public docket and comment defines ‘‘safe’’ to mean that ‘‘there is a studies to human risk. EPA has also system, EPA Dockets. You may use EPA reasonable certainty that no harm will considered available information Dockets at http://www.epa.gov/edocket/ result from aggregate exposure to the concerning the variability of the to submit or view public comments, pesticide chemical residue, including sensitivities of major identifiable access the index listing of the contents all anticipated dietary exposures and all subgroups of consumers, including of the official public docket, and to other exposures for which there is infants and children. The nature of the access those documents in the public reliable information.’’ This includes toxic effects caused by S-metolachlor as docket that are available electronically. exposure through drinking water and in well as the no observed adverse effect Although not all docket materials may residential settings, but does not include level (NOAEL) and the lowest observed be available electronically, you may still occupational exposure. Section adverse effect level (LOAEL) from the access any of the publicly available 408(b)(2)(C) of the FFDCA requires EPA toxicity studies reviewed are discussed docket materials through the docket to give special consideration to in Unit III.A. of the Federal Register of facility identified in Unit I.B.1. Once in exposure of infants and children to the April 2, 2003 (68 FR 15945) (FRL–7299– the system, select ‘‘search,’’ then key in pesticide chemical residue in 8). the appropriate docket ID number. establishing a tolerance and to ‘‘ensure that there is a reasonable certainty that B. Toxicological Endpoints II. Background and Statutory Findings no harm will result to infants and The dose at which the NOAEL from In the Federal Register of August 13, children from aggregate exposure to the the toxicology study identified as 2003 (68 FR 48373) (FRL–7320–9), EPA pesticide chemical residue....’’ appropriate for use in risk assessment is

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used to estimate the toxicological level C. Exposure Assessment metolachlor are expected to have similar of concern (LOC). However, the LOAEL 1. Dietary exposure from food and degradation pathways and rates in soil is sometimes used for risk assessment if feed uses. Tolerances established for and water environments. This no NOAEL was achieved in the metolachlor (40 CFR 180.368(a)(1) and assessment includes concentrations of toxicology study selected. An (c)) currently cover residues of S- parent metolachlor/S-metolachlor and uncertainty factor (UF) is applied to metolachlor on the same commodities the degradates metolachlor ethane reflect uncertainties inherent in the for the same use pattern when the sulfonic acid (ESA) and metolachlor extrapolation from laboratory animal maximum labeled use rate of S- oxanilic acid (OA). Although it was data to humans and in the variations in metolachlor is approximately 35% less determined that the ESA and OA sensitivity among members of the than the historical use rate of metabolites appear to be less toxic than human population as well as other metolachlor. Tolerances have also been parent metolachlor/S-metolachlor, they unknowns. An UF of 100 is routinely established (40 CFR 180.368(a)(2)) for are included in this risk assessment used, 10X to account for interspecies the combined residues of S-metolachlor, since they were found in greater differences and 10X for intraspecies in or on a variety of raw agricultural abundance than the parent in water differences. monitoring studies. No surface or For dietary risk assessment (other commodities. Time-limited tolerances are established for metolachlor and S- ground water monitoring studies that than cancer) the Agency uses the UF to specifically target metolachlor/S- calculate an acute or chronic reference metolachlor (40 CFR 180.368(b)) in support of section 18 emergency metolachlor were available for the dose (aRfD or cRfD) where the RfD is drinking water assessment. As a result, equal to the NOAEL divided by the exemptions. Risk assessments were conducted by EPA to assess combined the drinking water assessment for parent appropriate UF (RfD = NOAEL/UF). metolachlor/S-metolachlor is based Where an additional safety factors (SF) dietary exposures from metolachlor and S-metolachlor in food as follows: primarily on monitoring data from the is retained due to concerns unique to following sources: The U.S. Geological the FQPA, this additional factor is i. Acute exposure. Acute dietary risk assessments are performed for a food- Survey (USGS) National Water Quality applied to the RfD by dividing the RfD Assessment (NAWQA) data base, the by such additional factor. The acute or use pesticide if a toxicological study has indicated the possibility of an effect of U.S. EPA STORET data base, the chronic Percent Adjusted Dose (aPAD or Acetochlor Registration Partnership cPAD) is a modification of the RfD to concern occurring as a result of a 1 day or single exposure. In conducting this (ARP) data base, and two USGS accommodate this type of FQPA SF. reservoir monitoring studies. For non-dietary risk assessments acute dietary risk assessment, EPA used The Agency uses the FQPA Index (other than cancer) the UF is used to the Dietary Exposure Evaluation Model Reservoir Screening Tool (FIRST) or the determine the LOC. For example, when (DEEM) software with the Food 100 is the appropriate UF (10X to Commodity Intake Database (FCID) Pesticide Root Zone Model/Exposure account for interspecies differences and which incorporates food consumption Analysis Modeling System (PRZM/ 10X for intraspecies differences) the data as reported by respondents in the EXAMS), to produce estimates of LOC is 100. To estimate risk, a ratio of U.S. Department of Agriculture (USDA) pesticide concentrations in an index the NOAEL to exposures (margin of 1994–1996 and 1998 nationwide reservoir. The SCI-GROW model is used exposure (MOE) = NOAEL/exposure) is Continuing Surveys of Food Intake by to predict pesticide concentrations in calculated and compared to the LOC. Individuals (CSFII) and accumulated shallow ground water. For a screening- The linear default risk methodology exposure to the chemical for each level assessment for surface water EPA (Q*) is the primary method currently commodity. A conservative Tier 1 acute will use FIRST (a Tier 1 model) before used by the Agency to quantify dietary exposure assessment was using PRZM/EXAMS (a Tier 2 model). carcinogenic risk. The Q* approach conducted for all labeled metolachlor The FIRST model is a subset of the assumes that any amount of exposure and all labeled and proposed S- PRZM/EXAMS model that uses a will lead to some degree of cancer risk. metolachlor food uses using 100% crop specific high-end runoff scenario for A Q* is calculated and used to estimate treated (CT) and tolerance level pesticides. FIRST and PRZM/EXAMS risk which represents a probability of residues. incorporate an index reservoir occurrence of additional cancer cases ii. Chronic exposure. In conducting environment, and include a PC area (e.g., risk is expressed as 1 x 10-6 or one this chronic dietary risk assessment, factor as an adjustment to account for in a million). Under certain specific EPA used the DEEM software with the the maximum PC coverage within a circumstances, MOE calculations will FCID which incorporates food watershed ordrainage basin. be used for the carcinogenic risk consumption data as reported by The acute estimated environmental assessment. In this non-linear approach, respondents in the USDA 1994–1996 concentration (EEC) of 77.6 parts per a ‘‘point of departure.’’ is identified and 1998 nationwide CSFII and billion (ppb) was selected from the below which carcinogenic effects are accumulated exposure to the chemical NAWQA data base, and the chronic EEC not expected. The point of departure is for each commodity. A conservative of 4.3 ppb was selected from the typically a NOAEL based on an Tier 1 combined, chronic dietary maximum annual time weighted mean endpoint related to cancer effects exposure assessment was conducted for from the NAWQA data. These values though it may be a different value all labeled metolachlor and all labeled represent the estimated concentration of derived from the dose response curve. and proposed S-metolachlor food uses parent metolachlor/S-metolachlor in To estimate risk, a ratio of the point of using 100% CT and tolerance level surface water, and are supported by the departure to exposure (MOEcancer = point residues. metolachlor concentrations from the of departure/exposures) is calculated. A 2. Dietary exposure from drinking National Contaminant Occurrence Data summary of the toxicological endpoints water. The environmental fate data base base representing analysis of treated for S-metolachlor used for human risk is complete for S-metolachlor. Parent drinking water, as well as from model assessment is discussed in Unit III.B. of metolachlor/S-metolachlor appear to be predictions using PRZM/EXAMS. When the final rule published in the Federal moderately persistent to persistent, and the monitoring data and modeling data Register of April 2, 2003 (68 FR 15945) range from mobile to highly mobile in are considered together, there is a (FRL–7299–8). different soils. Metolachlor and S- general agreement between the various

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sources of information used in the models to quantify drinking water Exposure Policy 12 (Science Advisory assessment. exposure and risk as a percent reference Panel on Exposure, February 22, 2001). Acute and chronic concentrations of dose (%RfD) or percent population The exposure and risk estimates for the parent metolachlor/S-metolachlor are adjusted dose (%PAD). Instead drinking three residential exposure scenarios are not expected to exceed 5.5 ppb in water levels of comparison (DWLOCs) assessed for the day of application (day ground water (based on SCI-GROW are calculated and used as a point of ‘‘0’’) since children will likely contact modeling). SCI-GROW estimates the comparison against the model estimates the lawn immediately following upper bound ground water of a pesticide’s concentration in water. application. The following estimates/ concentrations of pesticides likely to DWLOCs are theoretical upper limits on assumptions were used in the risk occur when the pesticide is used at the a pesticide’s concentration in drinking assessment: (1) A single application at maximum allowable rate in areas with water in light of total aggregate exposure the maximum label rate of 2.47 lb active ground water vulnerable to to a pesticide in food, and from ingredient/acre for S-metolachlor, (2) contamination. Estimates were based on residential uses. Since DWLOCs address exposure duration for children is two applications to corn/turf for a total total aggregate exposure to metolachlor/ assumed to be 2 hours per day, (3) the of 4 lbs. active ingredient/acre (the S-metolachlor they are further discussed exposed child’s weight is 15 kg (33 maximum application rate). in the aggregate risk sections in Unit pounds), and (4) turf transferable Acute and chronic estimates of III.E. residue (TTR) value of 5%, and object- metolachlor ESA in surface water (based 3. From non-dietary exposure. The to-mouth residue value of 20% of the on FIRST modeling) are 31.9 ppb and term ‘‘residential exposure’’ is used in application rate assumed. 22.8 ppb, respectively. Acute and this document to refer to non- 4. Cumulative effects from substances chronic estimates of metolachlor OA in occupational, non-dietary exposure with a common mechanism of toxicity. surface water are 91.4 ppb and 65.1 ppb, (e.g., for lawn and garden pest control, Section 408(b)(2)(D)(v) of the FFDCA respectively. The application rate used indoor pest control, termiticides, and requires that, when considering whether for metolachlor ESA and OA in the flea and tick control on pets). There is to establish, modify, or revoke a model was estimated by converting the potential for post-application tolerance, the Agency consider maximum label rates for each use by the exposure to adults and children ‘‘available information’’ concerning the maximum percentage of degradate resulting from the use of S-metolachlor cumulative effects of a particular found in fate studies. In addition, each on residential lawns. Post-application pesticide’s residues and ‘‘other application rate was corrected for exposures from various activities substances that have a common molecular weight differences of each following lawn treatment are considered mechanism of toxicity.’’ EPA has degradate. Acute and chronic estimates to be the most common and significant examined the common mechanism of metolachlor ESA in ground water in residential settings. Post-application potential for S-metolachlor and has (based on SCI-GROW modeling, turf/ exposure is considered to be short-term concluded that S-metolachlor should corn scenario) are not expected to (1– days of exposure), based on label not be included with the exceed 65.8 ppb. This value is directions limiting application to one chloroacetanilide pesticides designated considered representative of both peak time per season. as a ‘‘Common Mechanism Group.’’ The and long-term average concentrations A short-term dermal risk assessment Agency’s position is that only some because of the inherent transport nature was not conducted since no systemic chloroacetanailides, namely acetochlor, of ground water (generally slow toxicity was observed at the limit dose alachlor and butachlor should be movement from the source of of 1,000 milligrams/kilogram/day (mg/ considered as a ‘‘Common Mechanism contamination both laterally and kg/day) following dermal application Group’’ due to their ability to cause horizontally). Acute and chronic and there is no concern for nasal turbinate tumors. Although estimates of metolachlor OA in ground developmental toxicity in rats and metolachlor does distribute to the nasal water (also based on the turf/corn rabbits. Post-application inhalation turbinates, and might produce a scenario) are not expected to exceed exposure is also expected to be minimal quinonimine, it is not apparent from the 31.7 ppb. Monitoring data suggest that since S-metolachlor is only applied available data that metolachlor shares the SCI-GROW estimates for outdoors, the vapor pressure is low and the same target site in the nasal tissue metolachlor ESA and OA are slightly the label specifies that residents should as acetochlor, alachlor, and butachlor. over estimating the potential impact of not reenter treated areas until after the For information regarding EPA’s metolachlor/S-metolachlor use on spray has dried. efforts to determine which chemicals ground water. The following post-application have a common mechanism of toxicity None of these models include incidental oral scenarios following and to evaluate the cumulative effects of consideration of the impact processing application to lawns and turf have been such chemicals, see the policy (mixing, dilution, or treatment) of raw identified: (1) Short-term oral exposure statements released by EPA’s Office of water for distribution as drinking water to toddlers and children following Pesticide Programs concerning common would likely have on the removal of hand-to-mouth exposure; (2) short-term mechanism determinations and pesticides from the source water. The oral exposure to toddlers and children procedures for cumulating effects from primary use of these models by the following object-to-mouth exposure; (3) substances found to have a common Agency at this stage is to provide a short-term oral exposure to toddlers and mechanism on EPA’s website at http:// coarse screen for sorting out pesticides children following soil ingestion. The www.epa.gov/pesticides/cumulative/. for which it is highly unlikely that Health Effect Division Standard drinking water concentrations would Operating Procedures for Residential D. Safety Factor for Infants and ever exceed human health levels of Exposure Assessments (Draft, December Children concern. 18, 1997) were used as a guideline for 1. In general. Section 408 of the Since the models used are considered the residential post-application FFDCA provides that EPA shall apply to be screening tools in the risk assessment. Also, standard values for an additional tenfold margin of safety assessment process, the Agency does turf transferable residues, turf transfer for infants and children in the case of not use estimated environmental coefficients, and hand-to-mouth threshold effects to account for prenatal concentrations (EECs) from these activities were used as amended by and postnatal toxicity and the

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completeness of the data base on and residential uses, the Agency with reasonable certainty that exposures toxicity and exposure unless EPA calculates DWLOCs which are used as a to the pesticide in drinking water (when determines that a different margin of point of comparison against the model considered along with other sources of safety will be safe for infants and estimates of a pesticide’s concentration exposure for which EPA has reliable children. Margins of safety are in water (EECs). DWLOC values are not data) would not result in unacceptable incorporated into EPA risk assessments regulatory standards for drinking water. levels of aggregate human health risk at either directly through use of a margin DWLOCs are theoretical upper limits on this time. Because EPA considers the of exposure (MOE) analysis or through a pesticide’s concentration in drinking aggregate risk resulting from multiple using uncertainty (safety) factors in water in light of total aggregate exposure exposure pathways associated with a calculating a dose level that poses no to a pesticide in food and residential pesticide’s uses, levels of comparison in appreciable risk to humans. uses. In calculating a DWLOC, the 2. Prenatal and postnatal sensitivity. drinking water may vary as those uses Agency determines how much of the change. If new uses are added in the There is no indication of quantitative or acceptable exposure (i.e., the PAD) is future, EPA will reassess the potential qualitative increased susceptibility of available for exposure through drinking impacts of residues of the pesticide in rats or rabbits to in utero and/or water e.g., allowable chronic water postnatal exposure in the available exposure (mg/kg/day) = cPAD - (average drinking water as a part of the aggregate toxicity data. food + residential exposure). This risk assessment process. 3. Conclusion. There is a complete allowable exposure through drinking 1. Acute risk. The acute aggregate risk toxicity data base and exposure data are water is used to calculate a DWLOC. assessment addresses potential exposure complete or are estimated based on data A DWLOC will vary depending on the from combined residues of metolachlor/ that reasonably accounts for potential toxic endpoint, drinking water S-metolachlor on food and total residues exposures. The FQPA Safety Factor for consumption, and body weights. Default of metolachlor/S-metolachlor plus ESA the protection of infants and children body weights and consumption values and OA degradates in drinking water has been reduced to 1X because: (1) The (surface water and ground water). Using toxicology data base is complete for the as used by the U.S. EPA Office of Water FQPA assessment. (2) there is no are used to calculate DWLOCs: 2 liter the exposure assumptions discussed in indication of quantitative or qualitative (L)/70 kg (adult male), 2L/60 kg (adult this unit for acute exposure, the acute increased susceptibility of rats or rabbits female), and 1L/10 kg (child). Default dietary exposure from food to to in utero and/or postnatal exposure to body weights and drinking water metolachlor/S-metolachlor will occupy metolachlor in the available toxicity consumption values vary on an <1% of the aPAD for the U.S. data. (3) a developmental neurotoxicity individual basis. This variation will be population and all other population study is not required for metolachlor. (4) taken into account in more refined subgroups. In addition, there is the dietary (food and drinking water) screening-level and quantitative potential for acute dietary exposure to and non-dietary exposure (residential) drinking water exposure assessments. metolachlor/S-metolachlor and the ESA assessments will not under estimate the Different populations will have different and OA degradates in drinking water. potential exposures for infants and DWLOCs. Generally, a DWLOC is After calculating DWLOCs and calculated for each type of risk children from the use of metolachlor. comparing them to the EECs for surface assessment used: Acute, short-term, water and ground water, EPA does not E. Aggregate Risks and Determination of intermediate-term, chronic, and cancer. Safety expect the aggregate exposure to exceed When EECs for surface water and 100% of the aPAD, as shown in the To estimate total aggregate exposure ground water are less than the following Table 1: to a pesticide from food, drinking water, calculated DWLOCs, EPA concludes

TABLE 1.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO METOLACHLOR/S-METOLACHLOR

Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC DWLOC kg) (Food) (ppb) (ppb) (ppb) U.S.population 3.0 <1 200.9 103 104856.1 Infants <1 year 3.0 <1 200.9 103 29931.45 Children 1 to 2 years old 3.0 <1 200.9 103 29917.76 Females 13 to 49 years old 3.0 <1 200.9 103 89915.55

2. Chronic risk. The chronic aggregate residential exposure to S-metolachlor. for chronic dietary exposure to risk assessment addresses potential EPA has concluded that chronic metolachlor/S-metolachlor and ESA and exposure from combined residues of exposure to metolachlor/S-metolachlor OA degradates in drinking water. After metolachlor/S-metolachlor on food and from food will utilize 2% of the cPAD calculating DWLOCs and comparing total residues of metolachlor/S- for the U.S. population, 4% of the cPAD them to the EECs for surface water and metolachlor plus ESA and OA for children 1 to 2 years old, the ground water, EPA does not expect the degradates in drinking water (surface subpopulations at greatest exposure and aggregate exposure to exceed 100% of water and ground water). There are no 1% of the cPAD for females 13 to 49 the cPAD, as shown in the following residential uses that result in chronic years old. In addition, there is potential Table 2:

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TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO METOLACHLOR/S-METOLACHLOR

Surface Ground Chronic Population Subgroup cPAD mg/kg/ %cPAD Water EEC Water EEC DWLOC day (Food) (ppb) (ppb) (ppb) U.S. population 0.1 2 92.2 103 3442.50 Infants <1 year 0.1 2 92.2 103 977.20 Children 1 to 2 years 0.1 4 92.2 103 959.75 Females 13 to 49 years 0.1 1 92.2 103 2962.11

3. Short-term risk. Short-term short-term exposures for metolachlor short-term DWLOCs were calculated aggregate exposure takes into account and S-metolachlor. and compared to the EECs for chronic residential exposure plus chronic Using the exposure assumptions exposure of metolachlor/S-metolachlor exposure to food and water (considered described in this unit for short-term and ESA and OA degradates in ground to be a background exposure level). exposures, EPA has concluded that food water and surface water. After and residential exposures aggregated calculating DWLOCs and comparing S-metolachlor is currently registered result in an aggregate MOE of 1,000 for them to the EECs for surface water and for use that could result in short-term children 1 to 2 years. This aggregate ground water, EPA does not expect residential exposure and the Agency has MOE does not exceed the Agency’s level short-term aggregate exposure to exceed determined that it is appropriate to of concern for aggregate exposure to the Agency’s level of concern, as shown aggregate chronic food and water and food and residential uses. In addition, in the following Table 3:

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO METOLACHLOR/S-METOLACHLOR

Aggregate Aggregate Surface Ground Short-Term Population Subgroup MOE (Food Level of Con- Water EEC Water EEC DWLOC +Residential) cern (LOC) (ppb) (ppb) (ppb) Children 1 to 2 years old 1,000 100 92.2 103.3 4,000

5. Aggregate cancer risk for U.S. on the recovery of metolachlor through at 0.20 ppm; horseradish at 0.20 ppm; population. The NOAEL that was Multi-residue Method Testing Protocols. onion, green at 0.20 ppm; rhubarb at established based on tumors in rats (15 The FDA PEST DATA data base 0.10 ppm; swiss chard at 0.10 ppm. mg/kg/day) is comparable to the NOAEL indicates that metolachlor is completely of 9.7 mg/kg/day selected for cRfD. recovered through Method 302, PAM VI. Objections and Hearing Requests Therefore, the chronic dietary end point Vol. I (3rd ed., revised 10/97). Under section 408(g) of the FFDCA, as The method may be requested from: is protective for cancer dietary amended by the FQPA, any person may exposure. Chief, Analytical Chemistry Branch, file an objection to any aspect of this Environmental Science Center, 701 6. Determination of safety. Based on regulation and may also request a these risk assessments, EPA concludes Mapes Rd., Ft. Meade, MD 20755–5350; telephone number: (410) 305–2905; e- hearing on those objections. The EPA that there is a reasonable certainty that procedural regulations which govern the no harm will result to the general mail address: residue [email protected]. submission of objections and requests population, and to infants and children B. International Residue Limits for hearings appear in 40 CFR part 178. from aggregate exposure to metolachlor/ S-metolachlor residues. No maximum residue limits for either Although the procedures in those metolachlor or S-metolachlor have been regulations require some modification to IV. Other Considerations established or proposed by Codex, reflect the amendments made to the A. Analytical Enforcement Methodology Canada, or Mexico for any agricultural FFDCA by the FQPA, EPA will continue commodity; therefore, there are no to use those procedures, with The Pesticide Analytical Manual compatibility issues with this action. appropriate adjustments, until the (PAM) Vol. II, lists a Gas V. Conclusion necessary modifications can be made. Chromatography (GC)/NPD method The new section 408(g) of the FFDCA (Method I) for determining residues in/ Therefore, tolerances are established provides essentially the same process on plants and a GC/Mass Spectrometry for combined residues of S-metolachlor for persons to ‘‘object’’ to a regulation Detection (MSD) method (Method II ) for acetamid, 2-chloro-N-(2-ethyl-6- for an exemption from the requirement determining residues in livestock methylphenyl)-N-(2-methoxy-1- of a tolerance issued by EPA under new commodities. These methods determine methylethyl)-, (S) and its metabolites, section 408(d) of FFDCA, as was residues of metolachlor and its determined as the derivatives, 2-[(2- provided in the old sections 408 and metabolites as either CGA-37913 or ethyl-6-methylphenyl)amino]-1- CGA-49751 following acid hydrolysis. propanol (CGA-37913) and 4-(2-ethyl-6- 409 of the FFDCA. However, the period Field trial data were obtained using methylphenyl)-2-hydroxy-5-methyl-3- for filing objections is now 60 days, adequate GC/NPD methods (AG-338 or morpholinone (CGA-49751), each rather than 30 days. AG-612), which are modifications of expressed as the parent compound, in or Method I. Adequate data are available on asparagus at 0.10 ppm; carrot, roots

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A. What Do I Need to Do to File an 5697, by e-mail at response to a petition submitted to the Objection or Request a Hearing? [email protected], or by mailing a Agency. The Office of Management and You must file your objection or request for information to Mr. Tompkins Budget (OMB) has exemptedthese types request a hearing on this regulation in at Registration Division (7505C), Office of actions from review under Executive accordance with the instructions of Pesticide Programs, Environmental Order 12866, entitled Regulatory provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania Planning and Review (58 FR 51735, 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460– October 4, 1993). Because this rule has you must identify docket ID number 0001. been exempted from review under If you would like to request a waiver OPP–2003–0300 in the subject line on Executive Order 12866 due to its lack of of the tolerance objection fees, you must the first page of your submission. All significance, this rule is not subject to mail your request for such a waiver to: requests must be in writing, and must be Executive Order 13211, Actions James Hollins, Information Resources mailed or delivered to the Hearing Clerk Concerning Regulations That and Services Division (7502C), Office of Significantly Affect Energy Supply, on or before November 18, 2003. Pesticide Programs, Environmental 1. Filing the request. Your objection Distribution, or Use (66 FR 28355, May Protection Agency, 1200 Pennsylvania must specify the specific provisions in 22, 2001). This final rule does Ave., NW., Washington, DC 20460– the regulation that you object to, and the notcontain any information collections 0001. subject to OMB approval under the grounds for the objections (40 CFR 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 178.25). If a hearing is requested, the to filing an objection or hearing request U.S.C. 3501 et seq., or impose any objections must include a statement of with the Hearing Clerk as described in enforceable duty or contain any the factual issues(s) on which a hearing Unit VI.A., you should also send a copy unfunded mandate as described under is requested, the requestor’s contentions of your request to the PIRIB for its on such issues, and a summary of any inclusion in the official record that is Title II of the Unfunded Mandates evidence relied upon by the objector (40 described in Unit I.B.1. Mail your Reform Act of 1995 (UMRA) (Public CFR 178.27). Information submitted in copies, identified by docket ID number Law 104–4). Nor does it require any connection with an objection or hearing OPP–2003–0300, to: Public Information special considerations under Executive request may be claimed confidential by and Records Integrity Branch, Order 12898, entitled Federal Actions to marking any part or all of that Information Resources and Services Address Environmental Justice in information as CBI. Information so Division (7502C), Office of Pesticide Minority Populations and Low-Income marked will not be disclosed except in Programs, Environmental Protection Populations (59 FR 7629, February 16, accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person action under Executive Order 13045, information that does not contain CBI or by courier, bring a copy to the entitled Protection of Children from must be submitted for inclusion in the location of the PIRIB described in Unit Environmental Health Risks and Safety public record. Information not marked I.B.1. You may also send an electronic Risks (62 FR 19885, April 23, 1997). confidential may be disclosed publicly copy of your request via e-mail to: opp- This action does not involve any by EPA without prior notice. [email protected]. Please use an ASCII technical standards that would require Mail your written request to: Office of file format and avoid the use of special Agency consideration of voluntary the Hearing Clerk (1900C), characters and any form of encryption. consensus standards pursuant to section Environmental Protection Agency, 1200 Copies of electronic objections and 12(d) of the National Technology Pennsylvania Ave., NW., Washington, hearing requests will also be accepted Transfer and Advancement Act of 1995 DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or (NTTAA), Public Law 104–113, section your request to the Office of the Hearing ASCII file format. Do not include any 12(d) (15 U.S.C. 272 note). Since Clerk in Rm.104, Crystal Mall #2, 1921 CBI in your electronic copy. You may tolerances and exemptions that are Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your established on the basis of a petition The Office of the Hearing Clerk is open request at many Federal Depository under section 408(d) of the FFDCA, from 8 a.m. to 4 p.m., Monday through Libraries. such as the tolerances in this final rule, Friday, excluding legal holidays. The do not require the issuance of aproposed telephone number for the Office of the B. When Will the Agency Grant a rule, the requirements of the Regulatory Hearing Clerk is (703) 603–0061. Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et 2. Tolerance fee payment. If you file A request for a hearing will be granted seq.) do not apply. In addition, the an objection or request a hearing, you if the Administrator determines that the Agency has determined that this action must also pay the fee prescribed by 40 material submitted shows the following: will not have a substantial direct effect CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue on States, on the relationship between fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility the national government and the States, must mail the fee to: EPA Headquarters that available evidence identified by the or on the distribution of power and Accounting Operations Branch, Office requestor would, if established resolve responsibilities among the various of Pesticide Programs, P.O. Box one or more of such issues in favor of levels of government, as specified in 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account Executive Order 13132, entitled identify the fee submission by labeling uncontested claims or facts to the Federalism (64 FR 43255, August 10, it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual 1999). Executive Order 13132 requires EPA is authorized to waive any fee issues(s) in the manner sought by the EPA to develop an accountable process requirement ‘‘when in the judgement of requestor would be adequate to justify to ensure ‘‘meaningful and timely input the Administrator such a waiver or the action requested (40 CFR 178.32). by State and local officials in the refund is equitable and not contrary to development of regulatory policies that the purpose of this subsection.’’ For VII. Statutory and Executive Order have federalism implications.’’ ‘‘Policies additional information regarding the Reviews that have federalism implications’’ is waiver of these fees, you may contact This final rule establishes tolerances defined in the Executive Order to James Tompkins by phone at (703) 305– under section 408(d) of the FFDCA in include regulations that have

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‘‘substantial direct effects on the States, Government and the Indian tribes, or on rule is not a ‘‘major rule’’ as defined by on the relationship between the national the distribution of power and 5 U.S.C. 804(2). government and the States, or on the responsibilities between the Federal List of Subjects in 40 CFR Part 180 distribution of power and Government and Indian tribes.’’ This responsibilities among the various rule will not have substantial direct Environmental protection, levels of government.’’ This final rule effects on tribal governments, on the Administrative practice and procedure, directly regulates growers, food relationship between the Federal Agricultural commodities, Pesticides processors, food handlers and food Government and Indian tribes, or on the and pests, Reporting and recordkeeping retailers, not States. This action does not distribution of power and requirements. alter the relationships or distribution of responsibilities between the Federal Dated: September 12, 2003. Government and Indian tribes, as power and responsibilities established Debra Edwards, by Congress in the preemption specified in Executive Order 13175. Thus, Executive Order 13175 does not Director, Registration Division, Office of provisions of section 408(n)(4) of the Pesticide Programs. FFDCA. For these same reasons, the apply to this rule. Therefore, 40 CFR chapter I is Agency has determined that this rule VIII. Congressional Review Act amended as follows: does not have any ‘‘tribal implications’’ The Congressional Review Act, 5 as described in Executive Order 13175, U.S.C. 801 et seq., as added by the Small PART 180— [AMENDED] entitled Consultation and Coordination Business Regulatory Enforcement with Indian Tribal Governments (65 FR Fairness Act of 1996, generally provides 1. The authority citation for part 180 67249, November 6, 2000). Executive that before a rule may take effect, the continues to read as follows: Order 13175, requires EPA to develop agency promulgating the rule must Authority: 21 U.S.C. 321(q), 346(a) and an accountable process to ensure submit a rule report, which includes a 371. ‘‘meaningful and timely input by tribal copy of the rule, to each House of the 2. Section 180.368 is amended by officials in the development of Congress and to the Comptroller General alphabetically adding commodities to regulatory policies that have tribal of the United States. EPA will submit a the table in paragraph (a)(2) to read as implications.’’ ‘‘Policies that have tribal report containing this rule and other follows: implications’’ is defined in the required information to the U.S. Senate, Executive Order to include regulations the U.S. House of Representatives, and § 180.368 Metolachlor; tolerances for that have ‘‘substantial direct effects on the Comptroller General of the United residues. one or more Indian tribes, on the States prior to publication of this final (a) * * * relationship between the Federal rule in the Federal Register. This final (2) * * *

Commodity Parts per million

Asparagus ...... 0.10 ***** Carrot, roots ...... 0.20 ***** Horseradish ...... 0.20 Onion, green ...... 0.20 ***** Rhubarb ...... 0.10 ***** Swiss chard ...... 0.10 *****

* * * * * on field corn, soybeans, and sugarcane, electronically, by mail, or through hand [FR Doc. 03–24014 Filed 9–16–03; 4:08 pm] and the combined residues of flufenpyr- delivery/courier. Follow the detailed BILLING CODE 6560–50–S ethyl and its metabolite, S-3153 acid-4- instructions as provided in Unit VI. of OH; [2-chloro-4-hydroxy-5-[5-methyl-6- the SUPPLEMENTARY INFORMATION. oxo-4-(trifluoromethyl)-1-(6H)- FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION pyridazinyl]-phenoxy]-acetic acid, free Joanne I. Miller, Registration Division AGENCY and conjugated, in or on field corn (7505C), Office of Pesticide Programs, forage and field corn stover. Valent USA 40 CFR Part 180 Environmental Protection Agency, 1200 Corporation requested this tolerance Pennsylvania Ave., NW., Washington, [OPP–2003–0166; FRL–7325–4] under the Federal Food, Drug, and DC 20460–0001; telephone number: Cosmetic Act (FFDCA), as amended by (703) 305–6224; e-mail address: Flufenpyr-Ethyl; Pesticide Tolerance the Food Quality Protection Act (FQPA) [email protected]. of 1996. AGENCY: Environmental Protection DATES: SUPPLEMENTARY INFORMATION: Agency (EPA). This regulation is effective September 19, 2003. Objections and I. General Information ACTION: Final rule. requests for hearings, identified by A. Does this Action Apply to Me? SUMMARY: This regulation establishes a docket ID number OPP–2003–0166, tolerance for residues of flufenpyr-ethyl; must be received on or before November You may be potentially affected by acetic acid, [2-chloro-4-fluoro-5-[5- 18, 2003. this action if you are an agricultural methyl-6-oxo-4-(trifluoromethyl)-1-(6H)- ADDRESSES: Written objections and producer, food manufacturer, or pest pyridazinyl]-phenoxy]-ethyl ester], in or hearing requests may be submitted manufacturer. Potentially affected

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categories and entities may include, but Dockets at http://www.epa.gov/edocket/ pesticide chemical residue in are not limited to: to submit or view public comments, establishing a tolerance and to ‘‘ensure • Crop production (NAICS 111) access the index listing of the contents that there is a reasonable certainty that • Animal production (NAICS 112) of the official public docket, and to no harm will result to infants and • Food manufacturing (NAICS 311) access those documents in the public • children from aggregate exposure to the Pesticide manufacturing (NAICS docket that are available electronically. pesticide chemical residue. . . .’’ 32532) Although not all docket materials may This listing is not intended to be EPA performs a number of analyses to be available electronically, you may still determine the risks from aggregate exhaustive, but rather provides a guide access any of the publicly available exposure to pesticide residues. For for readers regarding entities likely to be docket materials through the docket further discussion of the regulatory affected by this action. Other types of facility identified in Unit I.B.1. Once in requirements of section 408 of the entities not listed in this unit could also the system, select ‘‘search,’’ then key in FFDCA and a complete description of be affected. The North American the appropriate docket ID number. Industrial Classification System the risk assessment process, see the final (NAICS) codes have been provided to II. Background and Statutory Findings rule on Bifenthrin Pesticide Tolerances assist you and others in determining In the Federal Register of June 25, November 26, 1997 (62 FR 62961) (FRL– whether this action might apply to 2003 (68 FR 37813) (FRL–7307–8), EPA 5754–7). certain entities. If you have any issued a notice pursuant to section 408 III. Aggregate Risk Assessment and questions regarding the applicability of of FFDCA, 21 U.S.C. 346a, as amended Determination of Safety this action to a particular entity, consult by FQPA (Public Law 104–170), the person listed under FOR FURTHER announcing the filing of a pesticide Consistent with section 408(b)(2)(D) INFORMATION CONTACT. petition (0F6164) by Valent USA of the FFDCA, EPA has reviewed the B. How Can I Get Copies of this Corporation, 1333 North Carolina Blvd, available scientific data and other Document and Other Related Suite 600, P.O. Box 8025, Walnut Creek, relevant information in support of this CA 94596–8025. That notice included a Information? action. EPA has sufficient data to assess summary of the petition prepared by the hazards of and to make a 1. Docket. EPA has established an Valent USA Corporation. There were no determination on aggregate exposure, official public docket for this action comments received in response to the consistent with section 408(b)(2) of the under docket identification (ID) number notice of filing. FFDCA, for a tolerance for residues of OPP–2003–0166. The official public The petition requested that 40 CFR the herbicide, flufenpyr-ethyl; acetic docket consists of the documents 180 be amended by establishing acid, [2-chloro-4-fluoro-5-[5-methyl-6- specifically referenced in this action, tolerances for flufenpyr-ethyl; ethyl[2- oxo-4-(trifluoromethyl)-1-(6H)- any public comments received, and chloro-4-fluoro-5-(5-methyl-6-oxo-4- pyridazinyl]-phenoxy]-ethyl ester in or other information related to this action. trifluoromethyl-1,6-dihydropyridazin-1- on corn, field, grain; soybean, seed; and Although a part of the official docket, yl)phenoxy]acetate, in or on corn, field sugarcane, cane at 0.01 ppm and the the public docket does not include grain; soybean, seed; and sugarcane, combined residues of flufenpyr-ethyl Confidential Business Information (CBI) cane at 0.01 parts per million (ppm) and and its metabolite, 2-chloro-4-hydroxy- or other information whose disclosure is the combined residues of flufenpyr- 5-[5-methyl-6-oxo-4-(trifluoromethyl)-1- restricted by statute. The official public ethyl and its metabolite S-3153 acid 4- (6H)-pyridazinyl]-phenoxy]-acetic acid, docket is the collection of materials that OH; [2-chloro-4-hydroxy-5-(5-methyl-6- free and conjugated in or on corn, field, is available for public viewing at the oxo-4-trifluoromethyl-1,6- forage and corn, field, stover at 0.05 Public Information and Records dihydropyridazin-1-yl)phenoxy]-acetic ppm. EPA’s assessment of exposures Integrity Branch (PIRIB), Rm. 119, acid in or on corn, field, forage and and risks associated with establishing Crystal Mall #2, 1921 Jefferson Davis corn, field, stover at 0.05 ppm. the tolerance follows. Hwy., Arlington, VA. This docket Section 408(b)(2)(A)(i) of the FFDCA facility is open from 8:30 a.m. to 4 p.m., allows EPA to establish a tolerance (the A. Toxicological Profile Monday through Friday, excluding legal legal limit for a pesticide chemical holidays. The docket telephone number residue in or on a food) only if EPA EPA has evaluated the available is (703) 305–5805. determines that the tolerance is ‘‘safe.’’ toxicity data and considered its validity, 2. Electronic access. You may access Section 408(b)(2)(A)(ii) of the FFDCA completeness, and reliability as well as this Federal Register document defines ‘‘safe’’ to mean that ‘‘there is a the relationship of the results of the electronically through the EPA Internet reasonable certainty that no harm will studies to human risk. EPA has also under the ‘‘Federal Register’’ listings at result from aggregate exposure to the considered available information http://www.epa.gov/fedrgstr/. A pesticide chemical residue, including concerning the variability of the frequently updated electronic version of all anticipated dietary exposures and all sensitivities of major identifiable 40 CFR part 180 is available at http:// other exposures for which there is subgroups of consumers, including www.access.gpo.gov/nara/cfr/ reliable information.’’ This includes infants and children. The nature of the cfrhtml_00/Title_40/4 0cfr180_00.html, exposure through drinking water and in toxic effects caused by flufenpyr-ethyl a beta site currently under development. residential settings, but does not include are discussed in Table 1 of this unit as An electronic version of the public occupational exposure. Section well as the no observed adverse effect docket is available through EPA’s 408(b)(2)(C) of the FFDCA requires EPA level (NOAEL) and the lowest observed electronic public docket and comment to give special consideration to adverse effect level (LOAEL) from the system, EPA Dockets. You may use EPA exposure of infants and children to the toxicity studies reviewed.

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY

Guideline No. Study Type Results

870.3100 90–Day oral toxicity rodents NOAEL >1,434/1,591 milligrams/kilogram/day (mg/kg/day) male/ female LOAEL not identified

870.3100 90–Day oral toxicity in non- NOAEL >1,195/1,378 mg/kg/day M/F rodents LOAEL not identified

870.3100 90–Day oral toxicity rodents NOAEL = 395 mg/kg/day (M) (mouse) LOAEL = 908 mg/kg/day, based on increased absolute and rel- ative liver weights and increased incidence of hepatic centrilobular vacuolation in male mice

870.3100 28–Day oral toxicity rodents NOAEL = 448/629 mg/kg/day M/F (mouse) LOAEL = 1,009/1,213 M/F mg/kg/day, based on increased inci- dence of hepatic centrilobular vacuolation

870.3150 90–Day oral toxicity in non/ro- NOAEL = 300 mg/kg/day M/F dents (dog) LOAEL = 1,000 M/F mg/kg/day, based on decreased body weight gains, food consumption, and food efficiency and in- creased incidence of vomiting

870.3200 21–Day dermal toxicity (rat) NOAEL = 1,000 mg/kg/day M/F LOAEL not identified

870.3250 90–Day dermal toxicity NA

870.3465 90–Day inhalation toxicity NA

870.3700 Prenatal developmental in ro- Maternal dents (rat) NOAEL >1,000 mg/kg/day LOAEL was not established Developmental NOAEL = 1,000 mg/kg/day highest dose tested (HDT) LOAEL not identified

870.3700 Prenatal developmental in non- Maternal rodents (rabbit) NOAEL = 100 mg/kg/day LOAEL = 300 mg/kg/day, based on increased maternal mor- tality, clinical signs, decreased food consumption and ne- cropsy findings Developmental NOAEL = 1,000 mg/kg/day LOAEL not identified 870.3700 Prenatal developmental in non- Maternal rodents (rabbit) NOAEL = 100 mg/kg/day LOAEL = 200 mg/kg/day, based on increased mortality Developmental NOAEL = 1,000 mg/kg/day HDT LOAEL not identified 870.3800 2-Generation reproduction and Parental/systemic fertility effects (rat) NOAEL = 1,463 - 1,914 mg/kg/day LOAEL not identified Reproductive NOAEL = 1,463 - 1,914 mg/kg/day LOAEL not identified Offspring NOAEL = 1,463 - 1,914 mg/kg/day LOAEL not identified 870.3800 1-Generation reproduction and Parental/systemic fertility effects (rat) NOAEL = 6.4 - 7.5 mg/kg/day LOAEL not identified Reproductive NOAEL = 6.4 - 7.5 mg/kg/day LOAEL not identified Offspring NOAEL = 6.4 - 7.5 mg/kg/day LOAEL not identified

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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued

Guideline No. Study Type Results 870.3800 1-Generation reproduction and Parental/systemic fertility effects (rat) NOAEL = 139.4 - 151.7 mg/kg/day LOAEL not identified Reproductive NOAEL = 139.4 - 151.7 mg/kg/day LOAEL not identified Offspring NOAEL = 139.4 - 151.7 mg/kg/day LOAEL not identified 870.4300 Combined chronic toxicity/car- NOAEL = 778.8/1024.7 mg/kg/day M/F cinogenicity rodents (rat) LOAEL was not established No evidence of carcinogenicity 870.4200 Carcinogenicity rodents NOAEL = 39.9 - 43.7 mg/kg/day M/F (mouse) LOAEL = 401.8 - 447.9 mg/kg/day M/F, based on liver toxicity in both sexes and mild anemia in males No evidence of carcinogenicity 870.5100 Bacterial gene mutation assay Flufenpyr-ethyl was tested up to concentrations limited by cytotoxicity. There was no evidence of mutagenicity at any dose levels tested. Positive controls induced appropriate re- sponse 870.5100 Bacterial gene mutation assay There was no evidence of a cytotoxic, mutagenic or dose-re- S-3153 acid-4-OH sponse trend in any tester system ± S9. Positive controls in- duced appropriate response 870.5300 In vitro mammalian cell gene The compound was tested up to an upper concentration limited mutation assay by solubility and cytotoxicity. Flufenpyr-ethyl was negative for inducing mutations at the TK locus in mouse L5178Y ± S9 870.5395 Mammalian erythrocyte micro- No clinical signs of toxicity was observed. Flufenpyr-ethyl did nucleus assay not induce micronucleated polychromatic erythrocytes after any treatment 870.7485 Metabolism and pharmaco- There is no difference in the metabolic profile of flufenpyr-ethyl kinetics - rat attributable to gender or radiolabel position

B. Toxicological Endpoints equal to the NOAEL divided by the assumes that any amount of exposure The dose at which no observed appropriate UF (RfD = NOAEL/UF). will lead to some degree of cancer risk. adverse effects levels (the NOAEL) from Where an additional safety factors (SF) A Q* is calculated and used to estimate the toxicology study identified as is retained due to concerns unique to risk which represents a probability of appropriate for use in risk assessment is the FQPA, this additional factor is occurrence of additional cancer cases used to estimate the toxicological level applied to the RfD by dividing the RfD (e.g., risk is expressed as 1 x 10-6 or one of concern (LOC). However, the lowest by such additional factor. The acute or in a million). Under certain specific dose at which adverse effects of concern chronic Population Adjusted Dose circumstances, MOE calculations will are identified (the LOAEL) is sometimes (aPAD) or (cPAD) is a modification of be used for the carcinogenic risk used for risk assessment if no NOAEL the RfD to accommodate this type of assessment. In this non-linear approach, was achieved in the toxicology study FQPA SF. a ‘‘point of departure’’ is identified selected. An uncertainty factor (UF) is For non-dietary risk assessments below which carcinogenic effects are applied to reflect uncertainties inherent (other than cancer) the UF is used to not expected. The point of departure is determine the LOC. For example, when in the extrapolation from laboratory typically a NOAEL based on an 100 is the appropriate UF (10X to animal data to humans and in the endpoint related to cancer effects account for interspecies differences and variations in sensitivity among members though it may be a different value of the human population as well as 10X for intraspecies differences) the derived from the dose response curve. other unknowns. An UF of 100 is LOC is 100. To estimate risk, a ratio of To estimate risk, a ratio of the point of routinely used, 10X to account for the NOAEL to exposures (margin of departure to exposure (MOE = point interspecies differences and 10X for exposure (MOE) = NOAEL/exposure) is cancer intraspecies differences. calculated and compared to the LOC. of departure/exposures) is calculated. A For dietary risk assessment (other The linear default risk methodology summary of the toxicological endpoints than cancer) the Agency uses the UF to (Q*) is the primary method currently for flufenpyr-ethyl used for human risk calculate an acute or chronic reference used by the Agency to quantify assessment is shown in the following dose (aRfD or cRfD) where the RfD is carcinogenic risk. The Q* approach Table 2:

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TABLE 2.–SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FLUFENPYR-ETHYL FOR USE IN HUMAN HEALTH RISK ASSESSMENT1

Special FQPA SF2 and Exposure Scenario Dose Used in Risk As- Level of Concern for Study and Toxicological Effects sessment, UF Risk Assessment Acute dietary (females NOAEL = None mg/ Special FQPA SF = A dose and endpoint of concern attributable to a 13–50 years of age) kg/day 1x single dose was not available in the data base in- UF = N/A aPAD = acute RfD cluding the developmental toxicity studies Acute RfD = None Special FQPA SF = None Acute dietary (general NOAEL = None mg/ FQPA SF = 1x A dose and endpoint of concern attributable to a population including kg/day aPAD = acute RfD single dose was not available in the data base in- infants and children) UF = N/A Special FQPA SF = cluding the developmental toxicity studies Acute RfD = None None Chronic dietary (all NOAEL = 40 mg/kg/ Special FQPA SF = Carcinogenicity study - mice populations) day 1x LOAEL = 401.8 mg/kg/day based on liver toxicity UF = 100 cPAD = chronic RfD (hepatocyte necrosis) in both sexes and mild Chronic RfD = 0.4 Special FQPA SF = anemia in males mg/kg/day 0.4 mg/kg/day Short-term NOAEL = 100 mg/kg/ Residential LOC for Developmental toxicity study - rabbit Incidental oral (1–30 day MOE = 100 LOAEL = 300 mg/kg/day, based on clinical signs, days) Occupational = NA decreased food consumption and necropsy find- ings Intermediate-term NOAEL = 100 mg/kg/ Residential LOC for Developmental toxicity study - rabbit Incidental oral (1–6 day MOE = 100 LOAEL = 300 mg/kg/day, based on clinical signs, months) Occupational = NA decreased food consumption and necropsy find- ings Dermal all durations HIARC concluded quantitation of dermal risk is not required due to lack of systemic toxicity at the limit-dose following repeated dermal exposures as well as lack of concern for developmental toxicity Short-term inhalation NOAEL = 40 mg/kg/ Residential LOC for Carcinogenicity study - mice (1–30 days) day MOE = 100 LOAEL = 401.8 mg/kg/day based on liver toxicity (inhalation absorption Occupational LOC for (hepatocyte necrosis) in both sexes and mild rate = 100%) MOE = 100 anemia in males Intermediate-term in- NOAEL = 40 mg/kg/ Residential LOC for Carcinogenicity study - mice halation (1–6 day MOE = 100 LOAEL = 401.8 mg/kg/day based on liver toxicity months) (inhalation absorption Occupational LOC for (hepatocyte necrosis) in both sexes and mild rate = 100%) MOE = 100 anemia in males Long-term inhalation NOAEL = 40 mg/kg/ Residential LOC for Carcinogenicity study - mice (>6 months) day MOE = 100 LOAEL = 401.8 mg/kg/day based on liver toxicity (inhalation absorption Occupational LOC for (hepatocyte necrosis) in both sexes and mild rate = 100%) MOE = 100 anemia in males Cancer (oral, dermal, Flufenpyr-ethyl classified as ‘‘not likely to be carcinogenic to humans.’’ inhalation) 1 UF = uncertainty factor, FQPA SF = Special FQPA safety factor, MOE = margin of exposure, LOC = level of concern, NA = Not Applica- ble. 2 The reference to the Special FQPA SF refers to any additional SF retained due to concerns unique to the FQPA.

C. Exposure Assessment concern occurring as a result of a 1–day reported by respondents in the U.S. or single exposure. An endpoint of Department of Agriculture (USDA) 1. Dietary exposure from food and concern attributable to a single oral dose 1994–1996 and 1998 Nationwide feed uses. No tolerances have been was not identified for either the general Continuing Surveys of Food Intake by previously established for the residues U.S. population (including infants and Individuals (CSFII) and accumulated and the combined residues of flufenpyr- children) and all population subgroups, exposure to the chemical for each ethyl, in or on raw agricultural or the females 13–50 years old commodity. The following assumptions commodities. Risk assessments were population subgroup for flufenpyr-ethyl; were made for the chronic exposure conducted by EPA to assess dietary therefore, an acute dietary exposure assessments: An unrefined, chronic exposures from flufenpyr-ethyl in food analysis was not performed. dietary exposure assessment was as follows: ii. Chronic exposure. In conducting conducted for the general U.S. i. Acute exposure. Acute dietary risk this chronic dietary risk assessment the population and various population assessments are performed for a food- Dietary Exposure Evaluation Model subgroups. Proposed tolerance-level use pesticide if a toxicological study has (DEEMTM) analysis evaluated the residues and 100 percent crop treated indicated the possibility of an effect of individual food consumption as (%CT) information were used for all

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proposed commodities. The submitted primary use of these models by the tolerance action, therefore, EPA has not corn grain, soybean, and sugarcane Agency at this stage is to provide a assumed that flufenpyr-ethyl has a processing studies indicate that coarse screen for sorting out pesticides common mechanism of toxicity with flufenpyr-ethyl residues do not for which it is highly unlikely that other substances. For information concentrate in corn, soybean, and drinking water concentrations would regarding EPA’s efforts to determine sugarcane processed commodities. ever exceed human health levels of which chemicals have a common Therefore, processing factors were set to concern. mechanism of toxicity and to evaluate 1 for all corn, soybean, and sugarcane Since the models used are considered the cumulative effects of such processed commodities. to be screening tools in the risk chemicals, see the policy statements The chronic dietary exposure assessment process, the Agency does released by EPA’s Office of Pesticide estimates are below EPA’s level of not use estimated environmental Programs concerning common concern (<100% cPAD) for the general concentrations (EECs) from these mechanism determinations and U.S. population and all population models to quantify drinking water procedures for cumulating effects from subgroups (<1% of the cPAD). The exposure and risk as a percent reference substances found to have a common chronic assessment was highly dose (%RfD) or percent population mechanism on EPA’s website at http:// conservative, using several upper-end adjusted dose (%PAD). Instead drinking www.epa.gov/pesticides/cumulative assumptions. Additional refinements, water levels of comparison (DWLOCs) such as inclusion of anticipated are calculated and used as a point of D. Safety Factor for Infants and residues (ARs) and %CT data, could be comparison against the model estimates Children made in order to refine the chronic of a pesticide’s concentration in water. 1. In general. Section 408 of the assessment. DWLOCs are theoretical upper limits on FFDCA provides that EPA shall apply iii. Cancer. A quantitative cancer a pesticide’s concentration in drinking an additional tenfold margin of safety aggregate risk assessment was not water in light of total aggregate exposure for infants and children in the case of performed because flufenpyr-ethyl is to a pesticide in food and from threshold effects to account for prenatal classified as ‘‘not likely’’ to be residential uses. and postnatal toxicity and the carcinogenic based on lack of evidence Based on FIRST and SCI-GROW completeness of the data base on of carcinogenicity in mice and rats. models, the EECs of flufenpyr-ethyl and toxicity and exposure unless EPA 2. Dietary exposure from drinking its metabolite S-3153 acid 4-OH for determines that a different margin of water. The Agency lacks sufficient acute exposures are estimated to be 3.76 safety will be safe for infants and monitoring exposure data to complete a parts per billion (ppb) for surface water children. Margins of safety are comprehensive dietary exposure and 0.05 ppb for ground water. The incorporated into EPA risk assessments analysis and risk assessment for EECs for chronic exposures are either directly through use of a margin flufenpyr-ethyl in drinking water. estimated to be 1.504 ppb for surface of exposure (MOE) analysis or through Because the Agency does not have water and 0.05 ppb for ground water. using uncertainty (safety) factors in comprehensive monitoring data, 3. From non-dietary exposure. The calculating a dose level that poses no drinking water concentration estimates term ‘‘residential exposure’’ is used in appreciable risk to humans. are made by reliance on simulation or this document to refer to non- 2. Prenatal and postnatal sensitivity. modeling taking into account data on occupational, non-dietary exposure There is no evidence of quantitative the physical characteristics of flufenpyr- (e.g., for lawn and garden pest control, and/or qualitative evidence of increased ethyl. indoor pest control, termiticides, and susceptibility of rat and rabbit fetuses to The Agency uses the First Index flea and tick control on pets). in utero exposure to flufenpyr-ethyl. Reservoir Screening Tool (FIRST) or the Flufenpyr-ethyl is not registered for There is no evidence of increased Pesticide Root Zone/Exposure Analysis use on any sites that would result in qualitative and/or quantitative evidence Modeling System (PRZM/EXAMS), to residential exposure. of increased susceptibility to flufenpyr- produce estimates of pesticide 4. Cumulative effects from substances ethyl following prenatal exposure in a 2- concentrations in an index reservoir. with a common mechanism of toxicity. generation reproduction study(s) in rats The Screening Concentration in Section 408(b)(2)(D)(v) of the FFDCA or 1-generation reproduction studies. Groundwater (SCI-GROW) model is requires that, when considering whether 3. Conclusion. There is a complete used to predict pesticide concentrations to establish, modify, or revoke a toxicity data base for flufenpyr-ethyl in shallow ground water. For a tolerance, the Agency consider and exposure data are complete or are screening-level assessment for surface ‘‘available information’’ concerning the estimated based on data that reasonably water EPA will use FIRST (a Tier 1 cumulative effects of a particular accounts for potential exposures. model) before using PRZM/EXAMS (a pesticide’s residues and ‘‘other The FQPA Safety Factor (SF) was Tier 2 model). The FIRST model is a substances that have a common reduced to 1x based on toxicological subset of the PRZM/EXAMS model that mechanism of toxicity.’’ considerations, the conservative residue uses a specific high-end runoff scenario EPA does not have, at this time, assumptions used in the chronic dietary for pesticides. While both FIRST and available data to determine whether exposure risk assessment, the PRZM/EXAMS incorporate an index flufenpyr-ethyl has a common completeness of the toxicity, residue reservoir environment, the PRZM/ mechanism of toxicity with other chemistry and environmental fate data EXAMS model includes a percent crop substances. Unlike other pesticides for base and the lack of the potential for (PC) area factor as an adjustment to which EPA has followed a cumulative residential exposures. account for the maximum PC coverage risk approach based on a common within a watershed or drainage basin. mechanism of toxicity, EPA has not E. Aggregate Risks and Determination of None of these models include made a common mechanism of toxicity Safety consideration of the impact processing finding as to flufenpyr-ethyl and any To estimate total aggregate exposure (mixing, dilution, or treatment) of raw other substances, and flufenpyr-ethyl to a pesticide from food, drinking water, water for distribution as drinking water does not appear to produce a toxic and residential uses, the Agency would likely have on the removal of metabolite produced by other calculates DWLOCs which are used as a pesticides from the source water. The substances. For the purposes of this point of comparison against the model

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estimates of a pesticide’s concentration body weights and drinking water drinking water may vary as those uses in water (EECs). DWLOC values are not consumption values vary on an change. If new uses are added in the regulatory standards for drinking water. individual basis. This variation will be future, EPA will reassess the potential DWLOCs are theoretical upper limits on taken into account in more refined impacts of residues of the pesticide in a pesticide’s concentration in drinking screening-level and quantitative drinking water as a part of the aggregate water in light of total aggregate exposure drinking water exposure assessments. risk assessment process. to a pesticide in food and residential Different populations will have different 1. Acute risk. No endpoint of concern uses. In calculating a DWLOC, the DWLOCs. Generally, a DWLOC is attributable to a single oral dose was Agency determines how much of the calculated for each type of risk identified for either the general U.S. acceptable exposure (i.e., the PAD) is assessment used: Acute, short-term, population (including infants and available for exposure through drinking intermediate-term, chronic, and cancer. children) or females 13–50 years old water e.g., allowable chronic water When EECs for surface water and population subgroup. exposure (mg/kg/day) = cPAD - (average ground water are less than the 2. Chronic risk. Using the exposure food + residential exposure). This calculated DWLOCs, EPA concludes assumptions described in this unit for allowable exposure through drinking with reasonable certainty that exposures chronic exposure, EPA has concluded water is used to calculate a DWLOC. to the pesticide in drinking water (when that exposure to flufenpyr-ethyl from A DWLOC will vary depending on the considered along with other sources of food will utilize less than 1% of the toxic endpoint, drinking water exposure for which EPA has reliable cPAD for the U.S. population, less than consumption, and body weights. Default data) would not result in unacceptable 1% of the cPAD for all infants less than body weights and consumption values levels of aggregate human health risk at 1 year old and less than 1% of the cPAD as used by the U.S. EPA Office of Water this time. Because EPA considers the for for children 3–5 years old. There are are used to calculate DWLOCs: 2 liter aggregate risk resulting from multiple no residential uses for flufenpyr-ethyl (L)/70 kg (adult male), 2L/60 kg (adult exposure pathways associated with a that result in chronic residential female), and 1L/10 kg (child). Default pesticide’s uses, levels of comparison in exposure to flufenpyr-ethyl.

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO FLUFENPYR-ETHYL

%cPAD Surface Ground Population Subgroup cPAD (mg/kg) Water EEC Water EEC Chronic DWLOC2 (µg/L) (Food) (ppb) (ppb) U.S. population 0.4 <1% 2.0 0.07 14,000 All infants (<1 year old) 0.4 <1% 2.0 0.07 4,000 Children (1–2 years old) 0.4 <1% 2.0 0.07 4,000 Children (3–5 years old) 0.4 <1% 2.0 0.07 4,000 Children (6–12 years old) 0.4 <1% 2.0 0.07 4,000 Youth (13–19 years old) 0.4 <1% 2.0 0.07 12,000 Adults (20–49 years old) 0.4 <1% 2.0 0.07 14,000 Females (13–49 years old) 0.4 <1% 2.0 0.07 12,000 Adults (50+ years old) 0.4 <1% 2.0 0.07 14,000

3. Short-term risk. Short-term water, which do not exceed the OH. An enforcement (confirmatory) aggregate risk assessment was not Agency’s level of concern. method capable of measuring both performed because there are no 5. Aggregate cancer risk for U.S. parent and metabolite is being requested registered or proposed residential non- population. Flufenpyr-ethyl is not by the Agency. food uses. Flufenpyr-ethyl is not carcinogenic. B. International Residue Limits registered for use on any sites that 6. Determination of safety. Based on would result in residential exposure. these risk assessments, EPA concludes There are currently no established Therefore, the aggregate risk is the sum that there is a reasonable certainty that tolerances for residues of flufenpyr- of the risk from food and water, which no harm will result to the general ethyl in/on any plant or livestock do not exceed the Agency’s level of population, and to infants and children commodities. As there are no Mexican, concern. from aggregate exposure to flufenpyr- Canadian or Codex maximum residue 4. Intermediate-term risk. ethyl residues. limits established for flufenpyr-ethyl in/ Intermediate-term aggregate risk IV. Other Considerations on field corn, soybeans and sugarcane, assessment was not performed because there are no compatibility issues to be there are no registered or proposed A. Analytical Enforcement Methodology reconciled. residential non-food uses. Flufenpyr- The Agency has a method (Method C. Conditions ethyl is not registered for use on any RM-36–1) for determination of sites that would result in residential flufenpyr-ethyl per se and a method Confirmatory storage stability data for exposure. Therefore, the aggregate risk (Method RM-36–3c) for determination the metabolite S-3153 acid-4-OH in field is the sum of the risk from food and for free and conjugated S-3153 acid-4- corn forage and stover and an

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enforcement method for measuring both the factual issues(s) on which a hearing Unit VI.A., you should also send a copy parent and metabolite are required. is requested, the requestor’s contentions of your request to the PIRIB for its on such issues, and a summary of any inclusion in the official record that is V. Conclusion evidence relied upon by the objector (40 described in Unit I.B.1. Mail your Therefore, the tolerance is established CFR 178.27). Information submitted in copies, identified by docket ID number for residues of the herbicide flufenpyr- connection with an objection or hearing OPP–2003–0166, to: Public Information ethyl; acetic acid, [2-chloro-4-fluoro-5- request may be claimed confidential by and Records Integrity Branch, [5-methyl-6-oxo-4-(trifluoromethyl)-1- marking any part or all of that Information Resources and Services (6H)-pyridazinyl]-phenoxy]-ethyl ester, information as CBI. Information so Division (7502C), Office of Pesticide in or on: Corn, field, grain; soybean, marked will not be disclosed except in Programs, Environmental Protection seed; and sugarcane, cane at 0.01 ppm accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., and the combined residues of the 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person herbicide; flufenpyr-ethyl; acetic acid, information that does not contain CBI or by courier, bring a copy to the [2-chloro-4-fluoro-5-[5-methyl-6-oxo-4- must be submitted for inclusion in the location of the PIRIB described in Unit (trifluoromethyl)-1-(6H)-pyridazinyl]- public record. Information not marked I.B.1. You may also send an electronic phenoxy]-ethyl ester, and its metabolite, confidential may be disclosed publicly copy of your request via e-mail to: opp- S-3153 acid- 4-OH; [2-chloro-4-hydroxy- by EPA without prior notice. [email protected]. Please use an ASCII 5-[5-methyl-6-oxo-4-(trifluoromethyl)-1- Mail your written request to: Office of file format and avoid the use of special (6H)-pyridazinyl]-phenoxy]-acetic acid, the Hearing Clerk (1900C), characters and any form of encryption. free and conjugated in/on: Corn, field, Environmental Protection Agency, 1200 Copies of electronic objections and forage; and corn, field, stover at 0.05 Pennsylvania Ave., NW., Washington, hearing requests will also be accepted ppm. DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or your request to the Office of the Hearing VI. Objections and Hearing Requests ASCII file format. Do not include any Clerk in Rm. 104, Crystal Mall #2, 1921 CBI in your electronic copy. You may Under section 408(g) of the FFDCA, as Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your amended by the FQPA, any person may The Office of the Hearing Clerk is open request at many Federal Depository file an objection to any aspect of this from 8 a.m. to 4 p.m., Monday through Libraries. regulation and may also request a Friday, excluding legal holidays. The hearing on those objections. The EPA telephone number for the Office of the B. When Will the Agency Grant a procedural regulations which govern the Hearing Clerk is (703) 603–0061. Request for a Hearing? submission of objections and requests 2. Tolerance fee payment. If you file A request for a hearing will be granted for hearings appear in 40 CFR part 178. an objection or request a hearing, you if the Administrator determines that the Although the procedures in those must also pay the fee prescribed by 40 material submitted shows the following: regulations require some modification to CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility FFDCA by the FQPA, EPA will continue must mail the fee to: EPA Headquarters that available evidence identified by the to use those procedures, with Accounting Operations Branch, Office requestor would, if established resolve appropriate adjustments, until the of Pesticide Programs, P.O. Box one or more of such issues in favor of necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account The new section 408(g) of the FFDCA identify the fee submission by labeling uncontested claims or facts to the provides essentially the same process it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual for persons to ‘‘object’’ to a regulation EPA is authorized to waive any fee issues(s) in the manner sought by the for an exemption from the requirement requirement ‘‘when in the judgement of requestor would be adequate to justify of a tolerance issued by EPA under new the Administrator such a waiver or the action requested (40 CFR 178.32). refund is equitable and not contrary to section 408(d) of FFDCA, as was VII. Statutory and Executive Order the purpose of this subsection.’’ For provided in the old sections 408 and Reviews 409 of the FFDCA. However, the period additional information regarding the for filing objections is now 60 days, waiver of these fees, you may contact This final rule establishes a tolerance rather than 30 days. James Tompkins by phone at (703) 305– under section 408(d) of the FFDCA in 5697, by e-mail at response to a petition submitted to the A. What Do I Need to Do to File an [email protected], or by mailing a Agency. The Office of Management and Objection or Request a Hearing? request for information to Mr. Tompkins Budget (OMB) has exempted these types You must file your objection or at Registration Division (7505C), Office of actions from review under Executive request a hearing on this regulation in of Pesticide Programs, Environmental Order 12866, entitled Regulatory accordance with the instructions Protection Agency, 1200 Pennsylvania Planning and Review (58 FR 51735, provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– October 4, 1993). Because this rule has 178. To ensure proper receipt by EPA, 0001. been exempted from review under you must identify docket ID number If you would like to request a waiver Executive Order 12866 due to its lack of OPP–2003–0166 in the subject line on of the tolerance objection fees, you must significance, this rule is not subject to the first page of your submission. All mail your request for such a waiver to: Executive Order 13211, Actions requests must be in writing, and must be James Hollins, Information Resources Concerning Regulations That mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Significantly Affect Energy Supply, on or before November 18, 2003. Pesticide Programs, Environmental Distribution, or Use (66 FR 28355, May 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania 22, 2001). This final rule does not must specify the specific provisions in Ave., NW., Washington, DC 20460– contain any information collections the regulation that you object to, and the 0001. subject to OMB approval under the grounds for the objections (40 CFR 3. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 178.25). If a hearing is requested, the to filing an objection or hearing request U.S.C. 3501 et seq., or impose any objections must include a statement of with the Hearing Clerk as described in enforceable duty or contain any

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unfunded mandate as described under ‘‘substantial direct effects on the States, Business Regulatory Enforcement Title II of the Unfunded Mandates on the relationship between the national Fairness Act of 1996, generally provides Reform Act of 1995 (UMRA) (Public government and the States, or on the that before a rule may take effect, the Law 104–4). Nor does it require any distribution of power and agency promulgating the rule must special considerations under Executive responsibilities among the various submit a rule report, which includes a Order 12898, entitled Federal Actions to levels of government.’’ This final rule copy of the rule, to each House of the Address Environmental Justice in directly regulates growers, food Congress and to the Comptroller General Minority Populations and Low-Income processors, food handlers and food of the United States. EPA will submit a Populations (59 FR 7629, February 16, retailers, not States. This action does not report containing this rule and other 1994); or OMB review or any Agency alter the relationships or distribution of required information to the U.S. Senate, action under Executive Order 13045, power and responsibilities established the U.S. House of Representatives, and entitled Protection of Children from by Congress in the preemption the Comptroller General of the United Environmental Health Risks and Safety provisions of section 408(n)(4) of the States prior to publication of this final Risks (62 FR 19885, April 23, 1997). FFDCA. For these same reasons, the rule in the Federal Register. This final This action does not involve any Agency has determined that this rule rule is not a ‘‘major rule’’ as defined by technical standards that would require does not have any ‘‘tribal implications’’ 5 U.S.C. 804(2). Agency consideration of voluntary as described in Executive Order 13175, consensus standards pursuant to section entitled Consultation and Coordination List of Subjects in 40 CFR Part 180 12(d) of the National Technology with Indian Tribal Governments (65 FR Environmental protection, Transfer and Advancement Act of 1995 67249, November 6, 2000). Executive Administrative practice and procedure, (NTTAA), Public Law 104–113, section Order 13175, requires EPA to develop Agricultural commodities, Pesticides 12(d) (15 U.S.C. 272 note). Since an accountable process to ensure and pests, Reporting and recordkeeping tolerances and exemptions that are ‘‘meaningful and timely input by tribal requirements. established on the basis of a petition officials in the development of under section 408(d) of the FFDCA, regulatory policies that have tribal Dated: September 15, 2003. such as the tolerance in this final rule, implications.’’ ‘‘Policies that have tribal James Jones, do not require the issuance of a implications’’ is defined in the Director, Office of Pesticide Programs. proposed rule, the requirements of the Executive Order to include regulations Therefore, 40 CFR chapter I is Regulatory Flexibility Act (RFA) (5 that have ‘‘substantial direct effects on amended as follows: U.S.C. 601 et seq.) do not apply. In one or more Indian tribes, on the addition, the Agency has determined relationship between the Federal PART 180— [AMENDED] that this action will not have a Government and the Indian tribes, or on substantial direct effect on States, on the the distribution of power and 1. The authority citation for part 180 relationship between the national responsibilities between the Federal continues to read as follows: government and the States, or on the Government and Indian tribes.’’ This distribution of power and Authority: 21 U.S.C. 321(q), 346(a) and rule will not have substantial direct 371. responsibilities among the various effects on tribal governments, on the levels of government, as specified in relationship between the Federal 2. Section 180.595 is added to read as Executive Order 13132, entitled Government and Indian tribes, or on the follows: Federalism(64 FR 43255, August 10, distribution of power and 1999). Executive Order 13132 requires § 180.595 Flufenpyr-ethyl; tolerances for responsibilities between the Federal residues. EPA to develop an accountable process Government and Indian tribes, as to ensure ‘‘meaningful and timely input specified in Executive Order 13175. (a) General. (1) Tolerances are by State and local officials in the Thus, Executive Order 13175 does not established for residues of the herbicide, development of regulatory policies that apply to this rule. flufenpyr-ethyl; acetic acid, [2-chloro-4- have federalism implications.’’ ‘‘Policies fluoro-5-[5-methyl-6-oxo-4- that have federalism implications’’ is VIII. Congressional Review Act (trifluoromethyl)-1-(6H)-pyridazinyl]- defined in the Executive Order to The Congressional Review Act, 5 phenoxy]-ethyl ester], in or on the include regulations that have U.S.C. 801 et seq., as added by the Small following commodities:

Commodity Parts per million

Corn, field, grain ...... 0.01 Soybean, seed ...... 0.01 Sugarcane, cane ...... 0.01

(2) Tolerances are established for (6H)-pyridazinyl]-phenoxy]-ethyl ester], phenoxy]-acetic acid, free and residues of the herbicide flufenpyr- and its metabolite, S-3153 acid-4-OH; conjugated, in or on the following ethyl; acetic acid, [2-chloro-4-fluoro-5- [2-chloro-4-hydroxy-5-[5-methyl-6- oxo- commodities: [5-methyl-6-oxo-4-(trifluoromethyl)-1- 4-(trifluoromethyl)-1-(6H)-pyridazinyl]-

Commodity Parts per million

Corn, field, forage ...... 0.05 Corn, field, stover ...... 0.05

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(b) Section 18 emergency exemptions. elevations have been published in National Environmental Policy Act. [Reserved] newspapers of local circulation and This rule is categorically excluded from (c) Tolerances with regional ninety (90) days have elapsed since that the requirements of 44 CFR Part 10, registrations. [Reserved] publication. The Mitigation Division Environmental Consideration. No (d) Indirect or inadvertent residues. Director of the Emergency Preparedness environmental impact assessment has [Reserved] and Response Directorate has resolved been prepared. [FR Doc. 03–24118 Filed 9–17–03; 1:38 pm] any appeals resulting from this Regulatory Flexibility Act. The BILLING CODE 6560–50–S notification. Mitigation Division Director of the The modified BFEs are not listed for Emergency Preparedness and Response each community in this notice. Directorate certifies that this rule is DEPARTMENT OF HOMELAND However, this rule includes the address exempt from the requirements of the SECURITY of the Chief Executive Officer of the Regulatory Flexibility Act because community where the modified BFE modified base flood elevations are Federal Emergency Management determinations are available for required by the Flood Disaster Agency inspection. Protection Act of 1973, 42 U.S.C. 4105, The modifications are made pursuant and are required to maintain community to section 206 of the Flood Disaster 44 CFR Part 65 eligibility in the NFIP. No regulatory Protection Act of 1973, 42 U.S.C. 4105, flexibility analysis has been prepared. Changes in Flood Elevation and are in accordance with the National Determinations Flood Insurance Act of 1968, 42 U.S.C. Regulatory Classification. This final 4001 et seq., and with 44 CFR part 65. rule is not a significant regulatory action AGENCY: Federal Emergency For rating purposes, the currently under the criteria of section 3(f) of Management Agency, Emergency effective community number is shown Executive Order 12866 of September 30, Preparedness and Response Directorate, and must be used for all new policies 1993, Regulatory Planning and Review, Department of Homeland Security. and renewals. 58 FR 51735. ACTION: Final rule. The modified BFEs are the basis for Executive Order 12612, Federalism. the floodplain management measures This rule involves no policies that have SUMMARY: Modified Base (1-percent- that the community is required to either federalism implications under Executive annual-chance) Flood Elevations (BFEs) adopt or to show evidence of being Order 12612, Federalism, dated October are finalized for the communities listed already in effect in order to qualify or 26, 1987. below. These modified elevations will to remain qualified for participation in be used to calculate flood insurance Executive Order 12778, Civil Justice the National Flood Insurance Program Reform. This rule meets the applicable premium rates for new buildings and (NFIP). their contents. standards of section 2(b)(2) of Executive These modified BFEs, together with Order 12778. EFFECTIVE DATES: The effective dates for the floodplain management criteria these modified BFEs are indicated on required by 44 CFR 60.3, are the List of Subjects in 44 CFR Part 65 the table below and revise the Flood minimum that are required. They Flood insurance, Floodplains, Insurance Rate Maps ((FIRMs) in effect should not be construed to mean that Reporting and recordkeeping for the listed communities prior to this the community must change any requirements. date. existing ordinances that are more stringent in their floodplain Accordingly, 44 CFR part 65 is ADDRESSES: The modified BFEs for each management requirements. The amended to read as follows: community are available for inspection community may at any time enact at the office of the Chief Executive stricter requirements of its own, or PART 65—[AMENDED] Officer of each community. The pursuant to policies established by other respective addresses are listed in the Federal, State, or regional entities. 1. The authority citation for part 65 table below. These modified BFEs are used to meet continues to read as follows: FOR FURTHER INFORMATION CONTACT: the floodplain management Authority: 42 U.S.C. 4001 et seq.; Doug Bellomo, Federal Emergency requirements of the NFIP and are also Reorganization Plan No. 3 of 1978, 3 CFR, Management Agency, 500 C Street, SW., used to calculate the appropriate flood 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Washington, DC 20472, (202) 646–2903. insurance premium rates for new 3 CFR, 1979 Comp., p. 376. SUPPLEMENTARY INFORMATION: The buildings built after these elevations are § 65.4 [Amended] Federal Emergency Management Agency made final, and for the contents in these makes the final determinations listed buildings. 2. The tables published under the below for the modified BFEs for each The changes in BFEs are in authority of § 65.4 are amended as community listed. These modified accordance with 44 CFR 65.4. follows:

Dates and names of State and county Location newspaper where notice Chief executive officer of commu- Effective date of Community was published nity modification number

Arkansas: Sebas- City of Green- November 13, 2002, No- The Honorable Judy Selkirk, November 25, 2002 .. 050198 tian, (Case No. wood. vember 20, 2002, Mayor, City of Greenwood, City 02–06–1094P), Greenwood Democrat. Hall, 30 Bell Road, Greenwood, (FEMA Docket AR 72936. No. P7620).

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Dates and names of State and county Location newspaper where notice Chief executive officer of commu- Effective date of Community was published nity modification number

Arkansas: City of Van November 13, 2002, No- The Honorable John Riggs, February 19, 2003 ..... 050053 Crawford, Buren. vember 20, 2002, Van Mayor, City of Van Buren, 1003 (Case No. 02– Buren Press Argus Broadway, Van Buren, AR 06–873P), Courier. 72956. (FEMA Docket No. P7620). Kansas: Johnson, City of Lenexa ... October 22, 2002, Octo- The Hon. Michael A. Boehm, September 19, 2002 .. 200168 (Case No. 02– ber 29, 2002, The Mayor, City of Lenexa, P.O. Box 07–1010P), Legal Record. 14888, Lenexa, KS 66215. (FEMA Docket No. P7618). Kansas: Johnson, City of Overland November 13, 2002, No- The Honorable Ed Eilert, Mayor, February 19, 2003 ..... 200174 (Case No. 01– Park. vember 20, 2002, The City of Overland Park, City Hall, 07–457P), Sun Newspapers. 8500 Santa Fe Drive, Overland (FEMA Docket Park, KS 66212. No. P7620). Kansas: Johnson, City of Shawnee October 24, 2002, Octo- The Honorable Jim Allen, Mayor, September 19, 2002 .. 200177 (Case No. 02– ber 31, 2002, The Jour- City of Shawnee, 11110 John- 07–1010P), nal Herald. son Drive, Shawnee, KS 66203. (FEMA Docket No. P7618). Minnesota: Da- City of Burnsville October 24, 2002, Octo- The Hon. Elizabeth Kautz, Mayor, September 30, 2002 .. 270102 kota, (Case No. ber 31, 2002, Dakota City of Burnsville, 100 Civic 02–05–1843P), County Tribune. Center Parkway, Burnsville, MN (FEMA Docket 55337. No. P7618). Minnesota: Wash- City of Hugo ...... November 6, 2002, No- The Honorable Fran Miron, Mayor, November 15, 2002 ... 270504 ington, (Case vember 13, 2002, The City of Hugo, 14669 Fitzgerald No. 02–05– White Bear Press. Avenue North, Hugo, MN 55038. 0419P), (FEMA Docket No. P7620). Nebraska: Lan- City of Lincoln ... November 18, 2002, No- The Honorable Don Wesley, October 25, 2002 ...... 315273 caster, (Case vember 25, 2002, Lin- Mayor, City of Lincoln, 555 No. 02–07– coln Journal Star. South 10th Street, Room 208, 1012P), (FEMA Lincoln, NE 68508. Docket No. P7620). Ohio: Franklin, Unincorporated October 31, 2002, No- The Hon. Arlene Shoemaker, October 15, 2002 ...... 390167 (Case No. 02– Areas. vember 7, 2002, The President, Franklin County, 05–3971P), Columbus Dispatch. Board of Commissioners, 373 (FEMA Docket South High Street, 26th Floor, No. P7620). Columbus, OH 43215–6304. Texas: Denton, Town of Copper November 18, 2002, No- The Hon. Chuck Wainscott, October 25, 2002 ...... 481508 (Case No. 02– Canyon. vember 25, 2002, Den- Mayor, Town of Copper Can- 06–1264P), ton Record Chronicle. yon, 400 Woodland Drive, Cop- (FEMA Docket per Canyon, TX 75067–8501. No. P7620). Texas: Denton, City of Denton ... November 19, 2002, No- The Honorable Euline Brock, February 25, 2003 ..... 48094 (Case No. 02– vember 26, 2002, Den- Mayor, City of Denton, 215 East 06–419P), ton Record Chronicle. McKinney Street, Denton, TX (FEMA Docket 76201. No. P7620). Texas: Denton, Unincorporated November 19, 2002, No- The Honorable Mary Horn, Judge, February 25, 2003 ..... 480774 (Case No. 02– Areas. vember 26, 2002, Den- Denton County, Courthouse-on- 06–419P), ton Record Chronicle. the-Square, 110 West Hickory (FEMA Docket Street, Denton, TX 76201. No. P7620). Texas: Tarrant, City of Forth December 2, 2002, De- The Honorable Kenneth Barr, March 10, 2003 ...... 480596 (Case No. 02– Worth. cember 9, 2002, Fort Mayor, City of Forth Worth, 06–263P), Worth Star Telegram. 1000 Throckmorton Street, (FEMA Docket Forth Worth, TX 76102. No. P7620). Texas: Harris, Unincorporated November 19, 2002, No- The Honorable Robert Eckels, October 29, 2002 ...... 480287 (Case No. 02– Areas. vember 26, 2002, Judge, Harris County, 1001 06–1092P), Houston Chronicle. Preston Street, Houston, TX (FEMA Docket 77002. No. P7620).

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Dates and names of State and county Location newspaper where notice Chief executive officer of commu- Effective date of Community was published nity modification number

Texas: Harris, City of Houston December 12, 2002, De- The Honorable Lee P. Brown, March 20, 2003 ...... 480296 (Case No. 02– cember 19, 2002, Mayor, City of Houston, P.O. 06–1537P), Houston Chronicle. Box 1562, Houston, TX 77251– (FEMA Docket 1562. No. P7620). Texas: Tarrant, City of North December 10, 2002, De- The Hon. T. Oscar Trevino, Jr., March 18, 2003 ...... 480607 (Case No. 01– Richland Hills. cember 17, 2002, The Mayor, City of North Richland 06–1464P), Star Telegram. Hills, 7301 N.E. Loop 820, (FEMA Docket North Richland Hills, TX 76180. No. P7620). Texas: Collin, City of Plano ...... November 13, 2002, No- The Honorable Pat Evans, Mayor, February 19, 2003 ..... 480140 (Case No. 02– vember 20, 2002, City of Plano, P.O. Box 860358, 06–536P), Plano Star Courier. Plano, TX 75086–0358. (FEMA Docket No. P7620). Texas: Collin, City of Plano ...... December 4, 2002, De- The Honorable Pat Evans, Mayor, March 12, 2003 ...... 480140 (Case No. 02– cember 11, 2002, City of Plano, 1520 Avenue K, 06–992P), Plano Star Courier. P.O. Box 860358, Plano, TX (FEMA Docket 75086. No. P7620). Texas: Bexar, City of San Anto- November 13, 2002, No- The Honorable Ed Garza, Mayor, February 19, 2003 ..... 480045 (Case No. 02– nio. vember 20, 2002, San City of San Antonio, P.O. Box 06–1072P), Antonio Express News. 839966, San Antonio, TX 78283. (FEMA Docket No. P7620). Texas: Bexar, City of San Anto- December 4, 2002, De- The Honorable Ed Garza, Mayor, March 12, 2003 ...... 480045 (Case No. 02– nio. cember 11, 2002, San City of San Antonio, P.O. Box 06–1707P), Antonio Express News. 839966, San Antonio, TX 78283. (FEMA Docket No. P7620). Texas: Tarrant, Unincorporated December 2, 2002, De- The Hon. Tom Vandergriff, Tarrant March 10, 2003 ...... 480582 (Case No. 02– Areas. cember 9, 2002, Forth County Judge, 100 E. Weather- 06–263P), Worth Star Telegram. ford, Fort Worth, TX 76196. (FEMA Docket No. P7620). Texas: Bell, City of Temple ... December 11, 2002, De- The Honorable Bill Jones, III, March 19, 2003 ...... 480034 (Case No. 02– cember 18, 2002, Tem- Mayor, City of Temple, 2 North 06–590P), ple Daily Telegram. Main Street, Temple, TX 76501. (FEMA Docket No. P7620). Texas: Tarran, City of Watauga December 2, 2002, De- The Honorable Harry Jeffries, March 10, 2003 ...... 480613 (Case No. 02– cember 9, 2002, Forth Mayor, City of Watauga, 7101 06–263P), Worth Star Telegram. Whitley Road, Watauga, TX (FEMA Docket 76148. No. P7620).

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND of new scientific or technical data. New 83.100, ‘‘Flood Insurance.’’) SECURITY flood insurance premium rates will be Dated: September 10, 2003. calculated from the modified BFEs for Anthony S. Lowe, Federal Emergency Management new buildings and their contents. Agency Mitigation Division Director, Emergency DATES: These modified BFEs are Preparedness and Response Directorate. 44 CFR Part 65 currently in effect on the dates listed in [FR Doc. 03–23988 Filed 9–18–03; 8:45 am] the table below and revise the Flood BILLING CODE 6718–04–P [Docket No. FEMA–P–7626] Insurance Rate Map(s) in effect prior to Changes in Flood Elevation this determination for the listed Determinations communities. From the date of the second AGENCY: Federal Emergency publication of these changes in a Management Agency, Emergency newspaper of local circulation, any Preparedness and Response Directorate, person has ninety (90) days in which to Department of Homeland Security. request through the community that the ACTION: Interim rule. Mitigation Division Director of the SUMMARY: This interim rule lists Emergency Preparedness and Response communities where modification of the Directorate reconsider the changes. The Base (1-percent-annual-chance) Flood modified BFEs may be changed during Elevations (BFEs) is appropriate because the 90-day period.

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ADDRESSES: The modified BFEs for each to remain qualified for participation in Regulatory Classification. This community are available for inspection the National Flood Insurance Program interim rule is not a significant at the office of the Chief Executive (NFIP). regulatory action under the criteria of Officer of each community. The These modified BFEs, together with Section 3(f) of Executive Order 12866 of respective addresses are listed in the the floodplain management criteria September 30, 1993, Regulatory table below. required by 44 CFR 60.3, are the Planning and Review, 58 FR 51735. FOR FURTHER INFORMATION CONTACT: minimum that are required. They Executive Order 12612, Federalism. Doug Bellomo, Federal Emergency should not be construed to mean that This rule involves no policies that have Management Agency, 500 C Street, SW., the community must change any federalism implications under Executive Washington, DC 20472, (202) 646–2903. existing ordinances that are more Order 12612, Federalism, dated October SUPPLEMENTARY INFORMATION: The stringent in their floodplain 26, 1987. modified BFEs are not listed for each management requirements. The Executive Order 12778, Civil Justice community in this interim rule. community may at any time enact Reform. This rule meets the applicable However, the address of the Chief stricter requirements of its own, or standards of Section 2(b)(2) of Executive Executive Officer of the community pursuant to policies established by other Order 12778. Federal, State, or regional entities. where the modified BFE determinations List of Subjects in 44 CFR Part 65 are available for inspection is provided. The changes in BFEs are in Any request for reconsideration must accordance with 44 CFR 65.4. Flood insurance, Floodplains, be based on knowledge of changed National Environmental Policy Act. Reporting and recordkeeping conditions or new scientific or technical This rule is categorically excluded from requirements. data. the requirements of 44 CFR Part 10, Accordingly, 44 CFR Part 65 is The modifications are made pursuant Environmental Consideration. No amended to read as follows: to Section 201 of the Flood Disaster environmental impact assessment has Protection Act of 1973, 42 U.S.C. 4105, been prepared. PART 65—[AMENDED] and are in accordance with the National Regulatory Flexibility Act. The Flood Insurance Act of 1968, 42 U.S.C. Mitigation Division Director of the 1. The authority citation for Part 65 4001 et seq., and with 44 CFR part 65. Emergency Preparedness and Response continues to read as follows: For rating purposes, the currently Directorate certifies that this rule is Authority: 42 U.S.C. 4001 et seq.; effective community number is shown exempt from the requirements of the Reorganization Plan No. 3 of 1978, 3 CFR, and must be used for all new policies Regulatory Flexibility Act because 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and renewals. modified base flood elevations are 3 CFR, 1979 Comp., p. 376. The modified BFEs are the basis for required by the Flood Disaster § 65.4 [Amended] the floodplain management measures Protection Act of 1973, 42 U.S.C. 4105, that the community is required to either and are required to maintain community 2. The tables published under the adopt or to show evidence of being eligibility in the NFIP. No regulatory authority of § 65.4 are amended as already in effect in order to qualify or flexibility analysis has been prepared. follows:

Dates and name of news- Commu- State and county Location paper where notice was Chief executive officer Effective date of nity published of community modification No.

Arkansas: Pulaski (Case City of Little Rock June 25, 2003; July 2, The Honorable Jim Dailey, Mayor, June 13, 2003 .... 050181 No. 02–06–2217P). 2003; Little Rock Free City of Little Rock, Little Rock Press. City Hall, Room 203, 500 West Markham, Little Rock, AR 72201. Illinois: Cook (Case No. 03– Unincorporated July 10, 2003; July 17, Mr. John H. Stroger, Jr., President, October 16, 2003 170054 05–0548P). Areas. 2003; Orland Township Board of Commissioners, Cook Messenger. County, 118 North Clark Street, 5th Floor, Chicago, IL 60602. Cook (Case No. 03– City of Country- July 9, 2003; July 16, The Honorable Carl W. Le Gant, July 25, 2003 ..... 170079 05–1844P). side. 2003 The Suburban Mayor, City of Countryside, City Life. Hall, 5550 East Avenue, Coun- tryside, IL 60525–3689. Will (Case No. 03– Village of Frank- April 17, 2003; April 24, The Honorable Raymond Rossi, March 26, 2003 170701 05–0143P). fort. 2003; The Daily Mayor, Village of Frankfort, 432 Southtown. West Nebraska Street, Frankfort, IL 60423. Kane (Case No. 03– City of Geneva ... April 23, 2003; April 30, The Honorable Kevin R. Burns, July 30, 2003 ..... 170325 05–1473P). 2003; Kane County Mayor, City of Geneva, 22 South Chronicle. First Street, Geneva, IL 60134. Will (Case No. 02– Village of Plain- April 23, 2003; April 30, The Honorable Richard Rock, July 30, 2003 ..... 170771 05–3980P). field. 2003; The Enterprise. Mayor, Village of Plainfield, 530 West Lockport Street, Suite 206, Plainfield, IL 60544. Will (Case No. 03– Village of July 23, 2003; July 30, The Honorable Fred Dewald, Jr., October 29, 2003 170711 05–0130P). Romeoville. 2003; The Herald News. Mayor, Village of Romeoville, Village Hall, 13 Montrose Drive, Romeoville, IL 60446.

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Dates and name of news- Commu- State and county Location paper where notice was Chief executive officer Effective date of nity published of community modification No.

Kane (Case No. 03– Village of South May 19, 2003; May 26, Mr. James W. Hansen, II, Village April 17, 2003 .... 170332 05–1474P). Elgin. 2003; The Courier President, Village of South Elgin, News. 10 North Water Street, South Elgin, IL 60177. Will (Case No. 02– Unincorporated April 23, 2003; April 30, Mr. Joseph Mikan, Will County Ex- July 30, 2003 ..... 170695 05–3980P). Areas. 2003; The Enterprise. ecutive, Will County Office Build- ing, 302 North Chicago Street, Joliet, IL 60432. Indiana: Lake (Case No. 02– City of Crown May 1, 2003; May 8, The Honorable James D. Metros, April 7, 2003 ...... 180128 05–3080P). Point. 2003; Crown Point Star. Mayor, City of Crown Point, City Hall, 101 North East Street, Crown Point, IN 46307. Lake (Case No. 03– Unincorporated May 15, 2003; May 22, Mr. Wilbur Cox, Director, Lake August 21, 2003 180126 05–0072P). Areas. 2003; Crown Point Star. County Planning Commission, 2293 North Main Street, Lake County Government Center, Crown Point, IN 46307. Kansas: Johnson (Case No. City of Olathe ..... May 14, 2003; May 21, The Honorable Michael Copeland, April 28, 2003 .... 200173 03–07–494P). 2003; The Olathe News. Mayor, City of Olathe, 100 West Santa Fe, Olathe, KS 66061. Johnson (Case No. City of Overland May 22, 2003; May 29, The Honorable Ed Eilert, Mayor, April 23, 2003 .... 200174 03–07–477P). Park. 2003; The Sun News- City of Overland Park, City Hall, papers. 8500 Santa Fe Drive, Overland Park, KS 66212. Johnson (Case No. City of Overland June 19, 2003; June 26, The Honorable Ed Eilert, Mayor, September 25, 200174 02–07–792P). Park. 2003; The Sun News- City of Overland Park, City Hall, 2003. papers. 8500 Santa Fe Drive, Overland Park, KS 66212. Johnson (Case No. City of Prairie Vil- June 3, 2003; June 10, The Honorable Ronald L. Shaffer, April 11, 2003 .... 200175 03–07–492P). lage. 2003; The Legal Mayor, City of Prairie Village, Record. 7700 Mission Road, Prairie Vil- lage, KS 66208–4230. Sumner (Case No. City of Wellington July 17, 2003; July 24, The Honorable Richard J. Grang- October 23, 2003 200349 02–07–555P). 2003; Wellington Daily er, Mayor, City of Wellington, News. 317 South Washington, Wel- lington, KS 67152. Louisiana: St. Charles Parish Unincorporated June 4, 2003; June 11, Mr. Albert D. Laque, Parish Presi- May 2, 2003 ...... 220160 (Case No. 03–06– Areas. 2003; St. Charles Her- dent, St. Charles Parish, P.O. 127P). ald. Box 302, Hahnville, LA 70057. Maryland: Cecil (Case No. Town of Elkton ... June 30, 2003; July 7, The Honorable Joseph L. Fisona, June 16, 2003 .... 240022 03–03–041P). 2003; Cecil Whig. Mayor, Town of Elkton, P.O. Box 157, Municipal Building, 100 Railroad Avenue, Elkton, MD 21922–0157. Michigan: Wayne (Case No. Township of July 10, 2003; July 17, Mr. Thomas Yack Township Su- June 24, 2003 .... 260219 02–05–3652P). Canton. 2003; Canton Eagle. pervisor, Township of Canton, 1150 South Canton Center, Canton, MI 48188. Macomb (Case No. Township of May 13, 2003; May 20, Mr. John D. Brennan, Township May 19, 2003 ..... 260445 02–05–1639P). Macomb. 2003; The Macomb Supervisor, Township of Daily. Macomb, 54111 Broughton Road, Macomb, MI 48042. Oakland (Case No. City of Novi ...... June 12, 2003; June 19, The Honorable Richard Clark, May 21, 2003 ..... 260175 03–05–1456P). 2003; The Novi News. Mayor, City of Novi, 45175 West 10 Mile Road, Novi, MI 48375. Minnesota: Jackson (Case City of Jackson .. May 22, 2003; May 29, The Honorable Ray Hansen, April 17, 2003 .... 270213 No. 03–05–2556P). 2003; Jackson County Mayor, City of Jackson, 80 West Pilot. Ashley, Jackson, MN 56143. Missouri: Cass (Case No. 02– City of July 11, 2003; July 18, The Honorable Kevin Wood, October 17, 2003 290068 07–670P). Harrisonville. 2003; Cass County Mayor, City of Harrisonville, 300 Democrat-Missourian. East Pearl Street, Harrisonville, MO 64701. Platte (Case No. 03– City of Kansas May 23, 2003; May 30, The Honorable Kay Barnes, August 29, 2003 290173 07–479P). City. 2003; Kansas City Star. Mayor, City of Kansas City, City Hall, 29th Floor, 414 East 12th Street, Kansas City, MO 64106.

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Dates and name of news- Commu- State and county Location paper where notice was Chief executive officer Effective date of nity published of community modification No.

Platte (Case No. 03– City of Riverside May 23, 2003; May 30, The Honorable Betty Burch, August 29, 2003 290296 07–480P). 2003; Kansas City Star. Mayor, City of Riverside, 2950 Northwest Vivion Road, River- side, MO 64150. St. Louis (Case No. City of Town & July 9, 2003; July 16, The Honorable David A. Karney, October 15, 2003 290389 03–07–111P). Country. 2003; St. Louis Post Mayor, City of Town & Country, Dispatch. Municipal Center, 1011 Munic- ipal Center Drive, Town & Coun- try, MO 63131. Nebraska: York (Case No. City of York ...... May 21, 2003; May 28, The Honorable Greg Adams, August 27, 2003 310237 02–07–661P). 2003; York News-Times. Mayor, City of York, P.O. Box 276, York, NE 68467. New Mexico: Bernalillo (Case No. City of Albu- July 8, 2003; July 15, The Honorable Martin Chavez, June 13, 2003 .... 350002 03–06–200P). querque. 2003; Albuquerque Mayor, City of Albuquerque, Journal. P.O. Box 1293, Albuquerque, NM 87103. Bernalillo (Case No. City of Albu- June 2, 2003; June 9, The Honorable Martin Chavez, May 14, 2003 ..... 350002 03–06–439P). querque. 2003; Albuquerque Mayor, City of Albuquerque, Journal. P.O. Box 1293, Albuquerque, NM 87103. Bernalillo, (Case No. Unincorporated July 8, 2003; July 15, The Honorable Tim Cummins, June 13, 2003 .... 350001 03–06–200P). Areas. 2003; Albuquerque Chairman, Bernalillo County Journal. Commission, One Civic Plaza, NW., Albuquerque, NM 87102. Bernalillo (Case No. Unincorporated July 16, 2003; July 23, The Honorable Tom Rutherford, October 22, 2003 350001 02–06–1424P). Areas. 2003; Albuquerque Chairman, Bernalillo County, Journal. 2400 Broadway, SE., Albu- querque, NM 87102. North Carolina: Wake Town of Cary ..... April 3, 2003; April 10, Mr. William B. Coleman, Jr., Town July 10, 2003 ..... 370238 (Case No. 03–04–133P). 2003; The Cary News. Manager, Town of Cary, Town Hall Building A, 316 N. Academy Street, P.O. Box 8005, Cary, NC 27512–8005. Ohio: Butler (Case No. 03– Unincorporated July 21, 2003; July 28, Mr. Michael A. Fox, President, But- October 27, 2003 390037 05–1848P). Areas. 2003; The Journal- ler County Commissioners, Gov- News. ernment Services Center, 315 High Street, 6th Floor, Hamilton, OH 45011. Warren (Case No. City of April 10, 2003; April 17, The Honorable John Agenbroad, July 17, 2003 ..... 390564 02–05–3976P). Springboro. 2003; The Star Press. Mayor, City of Springboro, 320 West Central Avenue, Springboro, OH 45066. Oklahoma: Cleveland (Case No. City of Norman .. July 31, 2003; August 7, The Honorable Ron Henderson, November 6, 400046 03–06–187P). 2003; The Norman Mayor, City of Norman, 2143 2003. Transcript. Jackson Drive, Norman, OK 73071. Oklahoma (Case No. City of Oklahoma June 23, 2003; June 30, The Honorable Kirk Humphreys, September 29, 405378 02–06–654P). City. 2003; The Daily Okla- Mayor, City of Oklahoma City, 2003. homan. 200 North Walker, 3rd Floor, Oklahoma City, OK 73102. Tulsa (Case No. 02– City of Tulsa ...... April 23, 2003; April 30, The Honorable Bill LaFortune, April 14, 2003 .... 405381 06–225P). 2003; Tulsa World. Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103. Tulsa (Case No. 03– City of Tulsa ...... June 23, 2003; June 30, The Honorable Bill LaFortune, September 29, 405381 06–1535P). 2003; Tulsa World. Mayor, City of Tulsa, City Hall, 2003. 200 Civic Center, Tulsa, OK 74103. Wagoner (Case No. Unincorporated April 24, 2003; May 1, The Honorable Allan Farley, Chair- April 4, 2003 ...... 400215 02–06–1643P). Areas. 2003; The Wagoner man, Wagoner County Board of Tribune. Commissioners, 307 East Cher- okee Street, Wagoner, OK 74467. Texas: Collin (Case No. 02– City of Allen ...... May 1, 2003; May 8, The Honorable Stephen Terrell, August 6, 2003 .. 480131 06–1097P). 2003; The Allen Amer- Mayor, City of Allen, Allen Civic ican. Plaza, 305 Century Parkway, Allen, TX 75013.

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Dates and name of news- Commu- State and county Location paper where notice was Chief executive officer Effective date of nity published of community modification No.

Denton (Case No. City of Argyle ..... July 10, 2003; July 17, The Honorable Yvonne A. Jenkins, June 13, 2003 .... 480775 03–06–181P). 2003; The Lake City Mayor, City of Argyle, 506 North Sun. Highway 377, Argyle, TX 76226. Tarrant (Case No. City of Arlington July 9, 2003; July 16, The Honorable Elzie Odom, June 25, 2003 .... 485454 03–06–849P). 2003; Arlington Morning Mayor, City of Arlington, 101 News. West Abram Street, Box 231, Arlington, TX 76004–0231. Bexar (Case No. 02– Unincorporated June 30, 2003; July 7, The Honorable Nelson W. Wolff, June 6, 2003 ...... 480035 06–2298P). Areas. 2003; San Antonio Ex- Judge, Bexar County, Bexar press News. County Courthouse, 100 Dolorosa, Suite 120, San Anto- nio, TX 78205. Dallas (Case No. 02– City of Carrollton May 2, 2003; May 9, The Honorable Mark Stokes, April 3, 2003 ...... 480167 06–2053P). 2003; Northwest Morn- Mayor, City of Carrollton, 1945 ing News. E. Jackson Road, Carrollton, TX 75006. Dallas (Case No. 03– City of Carrollton June 25, 2003; July 2, The Honorable Mark Stokes, October 1, 2003 480167 06–844P). 2003; Carrollton Leader. Mayor, City of Carrollton, P.O. Box 110535, Carrollton, TX 75006. Williamson (Case No. City of Cedar July 11, 2003; July 18, The Honorable Bob Young, Mayor, October 17, 2003 481282 02–06–1089P). Park. 2003; The Hill Country City of Cedar Park, 600 North News. Bell Boulevard, Cedar Park, TX 78613. Brazos (Case No. City of College July 24, 2003; July 31, The Honorable Ron Silvia, Mayor, October 30, 2003 480083 03–06–102P). Station. 2003; The Eagle. City of College Station, P.O. Box 9960, College Station, TX 77842. Collin (Case No. 02– Unincorporated June 25, 2003; July 2, The Honorable Ron Harris, Collin October 1, 2003 480130 06–1413P). Areas. 2003; Plano Star Cou- County Judge, 210 South rier. McDonald Street, McKinney, TX 75069. Dallas (Case No. 03– City of Coppell ... June 25, 2003; July 2, The Honorable Doug Stover, October 1, 2003 480170 06–844P). 2003; Coppell Gazette. Mayor, City of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, TX 75019. Dallas (Case No. 03– City of Dallas ..... May 1, 2003; May 8, The Honorable Laura Miller, April 3, 2003 ...... 480171 06–447P). 2003; Dallas Morning Mayor, City of Dallas, 1500 News. Marilla Street, City Hall, Dallas, TX 75201. Denton (Case No. City of Denton .... July 10, 2003; July 17, The Honorable Euline Brock, June 13, 2003 .... 480194 03–06–181P). 2003; Denton Record Mayor, City of Denton, 215 East Chronicle. McKinney Street, Denton, TX 76201. Hidalgo (Case No. City of Edinburg May 28, 2003; June 4, The Honorable Richard Garcia, September 3, 480338 03–06–153P). 2003; Edinburg Daily Mayor, City of Edinburg, P.O. 2003. Review. Box 1079, Edinburg, TX 78450– 1079. Hidalgo (Case No. Unincorporated May 28, 2003; June 4, The Honorable Raman Garcia, September 3, 480334 03–06–153P). Areas. 2003; Edinburg Daily Judge, Hidalgo County, P.O. 2003. Review. Box 1356, Edinburg, TX 78540– 1356. El Paso (Case No. City of El Paso ... May 21, 2003; May 28, The Hon. Raymond C. Caballero, May 2, 2003 ...... 480214 03–06–107P). 2003; El Paso Times. Mayor, City of El Paso, Two Civic Center Plaza, El Paso, TX 79901. El Paso (Case No. City of El Paso ... June 24, 2003; July 1, The Hon. Raymond C. Caballero, June 5, 2003 ...... 480214 02–06–1458P). 2003; El Paso Times. Mayor, City of El Paso, Two Civic Center Plaza, El Paso, TX 79901. Tarrant (Case No. City of Euless .... April 17, 2003; April 24, The Honorable Mary Saleh, Mayor, April 2, 2003 ...... 480593 03–06–411P). 2003; Fort Worth Star City of Euless, 201 North Ector Telegram. Drive, Euless, TX 76039–3595. Collin (Case No. 02– Town of Fairview June 25, 2003; July 2, The Honorable Don Phillips, October 1, 2003 481069 06–1413P). 2003; Plano Star Cou- Mayor, Town of Fairview, 500 S. rier. Highway 5, Fairview, TX 75069. Fort Bend (Case No. Unincorporated July 23, 2003; July 30, The Honorable James C. October 29, 2003 480228 02–06–2301P). Areas. 2003; Fort Bend Star. Adolphus, Judge, Fort Bend County, 301 Jackson Street, Suite 719, Richmond, TX 77469.

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Dates and name of news- Commu- State and county Location paper where notice was Chief executive officer Effective date of nity published of community modification No.

Tarrant (Case No. City of Fort July 21, 2003; July 28, The Hon. Michael J. Moncrief, July 8, 2003 ...... 480596 02–06–2303P). Worth. 2003; The Star Tele- Mayor, City of Fort Worth, City gram. Hall, 1000 Throckmorton Street, Fort Worth, TX 76102–6311. Tarrant (Case No. City of Fort June 30, 2003; July 7, The Hon. Michael J. Moncrief, October 6, 2003 480596 03–06–448P). Worth. 2003; The Star Tele- Mayor, City of Fort Worth, 1000 gram. Throckmorton Street, Fort Worth, TX 76102. Tarrant (Case No. City of Fort April 17, 2003; April 24, The Hon. Michael J. Moncrief, July 24, 2003 ..... 480596 02–06–1714P). Worth. 2003; The Star Tele- Mayor, City of Fort Worth, 1000 gram. Throckmorton Street, Fort Worth, TX 76102. Collin (Case No. 03– City of Frisco ..... June 12, 2003; June 19, The Honorable Mike Simpson, May 23, 2003 ..... 480134 06–043P). 2003; Frisco Enterprise. Mayor, City of Frisco, P.O. Box 1100, Frisco, TX 75034. Tarrant (Case No. City of Grapevine April 17, 2003; April 24, The Honorable William D. Tate, April 3, 2003 ...... 480598 02–06–1719P). 2003; The Grapevine Mayor, City of Grapevine, 200 S. Sun. Main Street, P.O. Box 95104, Grapevine, TX 76051. Dallas (Case No. 02– City of Irving ...... July 10, 2003; July 17, The Honorable Joe H. Putnam, June 24, 2003 .... 480180 06–2315P). 2003; The Irving Morn- Mayor, City of Irving, 825 West ing News. Irving Boulevard, Irving, Texas 75060. Gregg and Harrison City of Longview June 30, 2003; July 7, The Honorable Murray Moore, October 6, 2003 480264 (Case No. 02–06– 2003; Longview News Mayor, City of Longview, P.O. 1532P). Journal. Box 1952, Longview, TX 75606. Harris (Case No. 02– Unincorporated May 14, 2003; May 21, The Honorable Robert A. Eckels, April 18, 2003 .... 480287 06–584P). Areas. 2003; The Houston Judge, Harris County, 1001 Chronicle. Preston, Suite 911, Houston, TX 77002. Dallas (Case No. 03– Town of Highland May 21, 2003; May 28, The Hon. William D. White, Jr., April 30, 2003 .... 480178 06–1009P). Park. 2003; Park Cities Morn- Mayor, Town of Highland Park, ing News. Town Hall, 4700 Drexel Drive, Highland Park, TX 75205. Harris (Case No. 02– City of Houston .. May 14, 2003; May 21, The Honorable Lee P. Brown, April 18, 2003 .... 480296 06–584P). 2003; The Houston Mayor, City of Houston, P.O. Chronicle. Box 1562, Houston, TX 77251. Tarrant (Case No. City of Hurst ...... April 22, 2003; April 29, The Honorable William D. Souder, July 29, 2003 ..... 480601 02–06–236P). 2003; The Star Tele- Mayor, City of Hurst, 1505 Pre- gram. cinct Line Road, Hurst, TX 76054. Hays (Case No. 02– City of Kyle ...... April 23, 2003; April 30, The Honorable James L. Adkins, April 2, 2003 ...... 481108 06–2442P). 2003; The Kyle Eagle. Mayor, City of Kyle, 102 Briarwood Circle, Kyle, TX 78640. Dallas (Case No. 02– City of Lancaster June 12, 2003; June 19, The Honorable Joe Tillotson, September 18, 480182 06–2623P). 2003; Lancaster Today. Mayor, City of Lancaster, P.O. 2003. Box 940, Lancaster, TX 75146. Denton (Case No. City of Lewisville June 25, 2003; July 2, The Honorable Gene Carey, October 1, 2003 480195 03–06–844P). 2003; Lewisville Leader. Mayor, City of Lewisville, P.O. Box 299002, 1197 West Main Street, Lewisville, TX 75029. Liberty (Case No. 01– City of Liberty .... May 21, 2003; May 28, The Honorable Bruce E. Halstead, August 27, 2003 480441 06–1554P). 2003; The Vindicator. Mayor, City of Liberty, 1829 Sam Houston, Liberty, TX 77575. Liberty (Case No. 01– Unincorporated May 21, 2003; May 28, The Honorable Lloyd Kirkham, August 27, 2003 480438 06–1554P). Areas. 2003; The Vindicator. Judge, Liberty County, 1923 Sam Houston, Suite 201, Lib- erty, TX 77575. Gregg Harrison (Case City of Longview May 15, 2003; May 22, The Honorable Earl Roberts, August 21, 2003 480264 No. 02–06–1841P). 2003; Longview News Mayor, City of Longview, P.O. Journal. Box 1952, Longview, TX 75606. Tarrant (Case No. City of Mansfield June 12, 2003; June 19, The Honorable David Harry, September 18, 480606 02–06–1674P). 2003; Mansfield News Mayor, City of Mansfield, No. 2 2003. Mirror. Brookway Court, Mansfield, TX 76063. Dallas (Case No. 03– City of Mesquite May 22, 2003; May 29, The Honorable Mike Anderson, May 2, 2003 ...... 485490 06–682P). 2003; Mesquite Morning Mayor, City of Mesquite, P.O. News. Box 850137, Mesquite, TX 75185.

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Brazoria (Case No. City of Pearland June 25, 2003; July 2, The Honorable Thomas Reid, July 11, 2003 ..... 480077 03–06–176P). 2003; Pearland Re- Mayor, City of Pearland, 3519 porter News. Liberty Drive, Pearland, TX 77581. Fort Bend (Case No. City of Rosen- July 23, 2003; July 30, The Honorable Joe M Gurecky, October 29, 2003 480232 02–06–2301P). berg. 2003; The Herald Mayor, City of Rosenberg, P.O. Coaster. Box 32, Rosenberg, TX 77471– 0032. Williamson (Case No. City of Round April 17, 2003; April 24, The Honorable Nyle Maxwell, April 2, 2003 ...... 481048 03–06–679P). Rock. 2003; Round Rock Mayor, City of Round Rock, 221 Leader. East Main Street, Round Rock, TX 78664. Tarrant (Case No. Unincorporated May 21, 2003; May 28, The Honorable Tom Vandergriff, August 27, 2003 480582 03–06–152P). Areas. 2003; The Star Tele- Judge, Tarrant County, 100 East gram. Weatherford Street, Fort Worth, TX 76196. Wisconsin: Richland City of Richland June 19, 2003; June 26, The Honorable Rita Kidd, Mayor, May 29, 2003 ..... 555576 (Case No. 02–05– Center. 2003; The Richland Ob- City of Richland Center, 450 3964P). server. South Main Street, Richland Center, WI 53581.

(Catalog of Federal Domestic Assistance ADDRESSES: The final base flood Environmental Consideration. No No. 83.100, ‘‘Flood Insurance.’’) elevations for each community are environmental impact assessment has Dated: September 10, 2003. available for inspection at the office of been prepared. Anthony S. Lowe, the Chief Executive Officer of each Regulatory Flexibility Act. The community. The respective addresses Mitigation Division Director of the Mitigation Division Director, Emergency Preparedness and Response Directorate. are listed in the table below. Emergency Preparedness and Response Directorate certifies that this rule is [FR Doc. 03–23987 Filed 9–18–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: exempt from the requirements of the BILLING CODE 6718–04–P Doug Bellomo, Federal Emergency Management Agency, 500 C Street, SW., Regulatory Flexibility Act because Washington, DC 20472, (202) 646–2903. modified base flood elevations are required by the Flood Disaster DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: The SECURITY Federal Emergency Management Agency Protection Act of 1973, 42 U.S.C. 4105, makes the final determinations listed and are required to establish and Federal Emergency Management below of BFEs and modified BFEs for maintain community eligibility in the Agency each community listed. NFIP. No regulatory flexibility analysis These modified elevations have been has been prepared. Regulatory Classification. This final 44 CFR Part 67 published in newspapers of local rule is not a significant regulatory action circulation and ninety (90) days have Final Flood Elevation Determinations under the criteria of section 3(f) of elapsed since that publication. The Executive Order 12866 of September 30, AGENCY: Federal Emergency Mitigation Division Director of the 1993, Regulatory Planning and Review, Management Agency, Emergency Emergency Preparedness and Response 58 FR 51735. Directorate has resolved any appeals Preparedness and Response Directorate, Executive Order 12612, Federalism. resulting from this notification.. Department of Homeland Security. This rule involves no policies that have This final rule is issued in accordance ACTION: Final rule. federalism implications under Executive with section 110 of the Flood Disaster Order 12612, Federalism, dated October SUMMARY: Base (1-percent-annual- Protection Act of 1973, 42 U.S.C. 4105, 26, 1987. chance) Flood Elevations and modified and 44 CFR part 67. Base Flood Elevations (BFEs) are made Executive Order 12778, Civil Justice The Federal Emergency Management Reform. This rule meets the applicable final for the communities listed below. Agency has developed criteria for The BFEs and modified BFEs are the standards of section 2(b)(2) of Executive floodplain management in floodprone Order 12778. basis for the floodplain management areas in accordance with 44 CFR part measures that each community is 60. List of Subjects in 44 CFR Part 67 required either to adopt or to show Interested lessees and owners of real Administrative practice and evidence of being already in effect in property are encouraged to review the procedure, Flood insurance, Reporting order to qualify or remain qualified for proof Flood Insurance Study and FIRM and recordkeeping requirements. participation in the National Flood available at the address cited below for Insurance Program (NFIP). Accordingly, 44 CFR Part 67 is each community. amended to read as follows: EFFECTIVE DATE: The date of issuance of The BFEs and modified BFEs are the Flood Insurance Rate Map (FIRM) made final in the communities listed PART 67—[AMENDED] showing BFEs and modified BFEs for below. Elevations at selected locations each community. This date may be in each community are shown. 1. The authority citation for Part 67 obtained by contacting the office where National Environmental Policy Act. continues to read as follows: the FIRM is available for inspection as This rule is categorically excluded from Authority: 42 U.S.C. 4001 et seq.; indicated in the table below. the requirements of 44 CFR Part 10, Reorganization Plan No. 3 of 1978, 3 CFR,

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1978 Comp., p. 329; E.O. 12127, 44 FR 19367, § 67.11 [Amended] 3 CFR, 1979 Comp., p. 376. 2. The tables published under the authority of ‘‘§ 67.11 are amended as follows:

Elevation in feet Source of flooding and locaiton of referenced elevation (NAVD) Communities affected Modified

Brushy Bayou: At confluence with Rambin Bayou ...... *168 FEMA Docket No. P7625, De Soto Par- ish, LA Approximately 1.31 miles upstream of Interstate 49 ...... *174 Cypress Bayou: At Wallace Lake Dam ...... *160 De Soto Parish, LA, Town of Stonewall, LA Just upstream of U.S. Highway 171 ...... *178 Rambin Bayou: Approximately 1.84 miles downstream of Louisiana Highway 175 ...... *160 De Soto Parish, LA Rambin Bayou: Approximately 1.32 miles upstream of Southbound Interstate 49 ...... *172 FEMA Docket No. P7625, De Soto Par- ish, LA Sabine River: Approximately 8.23 miles downstream of U.S. Highway 84 ...... *173 De Soto Parish, LA, Town of Logansport, LA Approximately 2.44 miles upstream of U.S. Highway 84 ...... *191

ADDRESSES De Soto Parish Maps are available for inspection at the De Soto Parish Courthouse, 101 Franklin Street, Mansfield, Louisiana. Town of Logansport Maps are available for inspection at the Town Hall, 309 Main Street, Logansport, Louisiana. Town of Stonewall Maps are available for inspection at the Town Hall, 1318 Highway 171, Stonewall, Louisiana. * North American Vertical Datum of 1988

(Catalog of Federal Domestic Assistance No. basis for the floodplain management newspapers of local circulation and 83.100, ‘‘Flood Insurance’’) measures that each community is ninety (90) days have elapsed since that Dated: September 10, 2003. required either to adopt or to show publication. The Mitigation Division Anthony S. Lowe, evidence of being already in effect in Director of the Emergency Preparedness Mitigation Division Director, Emergency order to qualify or remain qualified for and Response Directorate has resolved Preparedness and Response Directorate. participation in the National Flood any appeals resulting from this [FR Doc. 03–23990 Filed 9–18–03; 8:45 am] Insurance Program (NFIP). notification. BILLING CODE 6718–04–P EFFECTIVE DATE: The date of issuance of This final rule is issued in accordance the Flood Insurance Rate Map (FIRM) with Section 110 of the Flood Disaster showing BFEs and modified BFEs for Protection Act of 1973, 42 U.S.C. 4105, DEPARTMENT OF HOMELAND each community. This date may be and 44 CFR part 67. SECURITY obtained by contacting the office where The Federal Emergency Management the FIRM is available for inspection as Agency has developed criteria for Federal Emergency Management indicated in the table below. floodplain management in floodprone areas in accordance with 44 CFR part Agency ADDRESSES: The final base flood 60. elevations for each community are 44 CFR Part 67 Interested lessees and owners of real available for inspection at the office of property are encouraged to review the Final Flood Elevation Determinations the Chief Executive Officer of each proof Flood Insurance Study and FIRM community. The respective addresses available at the address cited below for AGENCY: Federal Emergency are listed in the table below. each community. Management Agency, Emergency FOR FURTHER INFORMATION CONTACT: The BFEs and modified BFEs are Preparedness and Response Directorate, Doug Bellomo, Federal Emergency made final in the communities listed Department of Homeland Security. Management Agency, 500 C Street, SW., below. Elevations at selected locations ACTION: Final rule. Washington, DC 20472, (202) 646–2903. in each community are shown. SUPPLEMENTARY INFORMATION: The National Environmental Policy Act. SUMMARY: Base (1-percent-annual- Federal Emergency Management Agency This rule is categorically excluded from chance) Flood Elevations and modified makes the final determinations listed the requirements of 44 CFR part 10, Base Flood Elevations (BFEs) are made below of BFEs and modified BFEs for Environmental Consideration. No final for the communities listed below. each community listed. These modified environmental impact assessment has The BFEs and modified BFEs are the elevations have been published in been prepared.

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Regulatory Flexibility Act. The Executive Order 12866 of September 30, Accordingly, 44 CFR Part 67 is Mitigation Division Director of the 1993, Regulatory Planning and Review, amended to read as follows: Emergency Preparedness and Response 58 FR 51735. Directorate certifies that this rule is Executive Order 12612, Federalism. PART 67—[AMENDED] exempt from the requirements of the This rule involves no policies that have Regulatory Flexibility Act because federalism implications under Executive 1. The authority citation for Part 67 modified base flood elevations are Order 12612, Federalism, dated October continues to read as follows: required by the Flood Disaster 26, 1987. Authority: 42 U.S.C. 4001 et seq.; Protection Act of 1973, 42 U.S.C. 4105, Executive Order 12778, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR, and are required to establish and Reform. This rule meets the applicable 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, maintain community eligibility in the standards of Section 2(b)(2) of Executive 3 CFR, 1979 Comp., p. 376. NFIP. No regulatory flexibility analysis Order 12778. has been prepared. List of Subjects in 44 CFR Part 67 § 67.11 [Amended] Regulatory Classification. This final Administrative practice and 2. The tables published under the rule is not a significant regulatory action procedure, Flood insurance, Reporting authority of § 67.11 are amended as under the criteria of Section 3(f) of and record keeping requirements. follows:

#Depth in feet above ground. ✦Elevation in feet State City/town/county Source of flooding Location (NGVD) Modified * Elevation in feet (NAVD) Modified

MO ...... Northmoor (City), Platte Line Creek ...... Approximately 250 feet upstream of U.S. * 767 County (FEMA Dock- Highway 69. et No. P7627). At upstream corporate limits (approxi- * 770 mately 225 feet downstream of Inter- state 29). Maps are available for inspection at City Hall, 4907 NW Waukomis Drive, Northmoor, Missouri.

MO ...... Seneca (City), Newton Little Lost Creek ...... At confluence with Lost Creek ...... * 847 County (FEMA Dock- et No. P7629). Approximately 2,650 feet upstream of St. * 872 Louise Street. Lost Creek ...... Approximately 3,000 feet downstream of * 847 Cherokee Avenue. Approximately 3,900 feet upstream of * 862 Seneca Avenue. Maps are available for inspection at the Seneca City Hall, 1303 Cherokee, Seneca, Missouri.

OH ...... Brunswick (City), Me- Plum Creek ...... Just upstream of Carpenter Road ...... * 1,115 dina County (FEMA Docket No. P7623). Just downstream of Interstate 71 ...... * 1,122 Maps are available for inspection at the Brunswick City Hall, 4095 Center Street, Brunswick, Ohio.

OK ...... Elk City (City), Elk Creek...... Approximately 90 feet downstream of * 1,873.9 Beckham County Hughes Access Road. (FEMA Docket No. P7623). At confluence of East and West Forks Elk * 1,890.2 Creek. East Fork Elk Creek ...... At confluence with Elk Creek ...... * 1,890.2 Approximately 1⁄2 mile upstream of West- * 1,930.6 bound Oklahoma Highway 34/66. West Fork Elk Creek ...... At confluence with Elk Creek ...... * 1,890.2 Approximately 0.3 miles upstream of Lori * 1,948.0 Lane. Tributary No. 1 ...... At confluence with West Fork Elk Creek .. * 1,919.5 Approximately 30 feet upstream of Hoo- * 1,936.7 ver Drive. Tributary No. 2 ...... At confluence with Elk Creek ...... * 1,882.1 Approximately 160 feet upstream of * 1,979.1 Cedar Village Trailer Park. Maps are available for inspection at 120 South Jefferson Street, Elk City, Oklahoma.

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(Catalog of Federal Domestic Assistance No. Part 73 of Title 47 of the Code of application for failure to respond to the 83.100, ‘‘Flood Insurance.’’) Federal Regulations is amended as staff letter that had explained the defect Dated: September 10, 2003. follows: and had allowed the applicant a period Anthony S. Lowe, of time to correct that defect. The Mitigation Division Director, Emergency PART 73—RADIO BROADCAST Memorandum Opinion and Order ruled Preparedness and Response Directorate. SERVICES that since the application’s dismissal [FR Doc. 03–23991 Filed 9–18–03; 8:45 am] 1. The authority citation for Part 73 has become final, the petition for BILLING CODE 6718–04–P reads as follows: reconsideration has been rendered moot. Authority: 47 U.S.C. 154, 303, 334 and 336. FOR FURTHER INFORMATION CONTACT: R. FEDERAL COMMUNICATIONS § 73.202 [Amended] Barthen Gorman, Media Bureau, (202) COMMISSION 2. Section 73.202(b), the Table of FM 418–2180. Allotments under Oklahoma, is SUPPLEMENTARY INFORMATION: This is a 47 CFR Part 73 amended by adding Channel 285A at synopsis of the Commission’s [DA 03–2705; MM Docket No. 01–209; RM– Broken Bow. Memorandum Opinion and Order in 10224] Federal Communications Commission. MM Docket No. 00–169, adopted John A. Karousos, September 3, 2003 and released Radio Broadcasting Services; Broken September 5, 2003. The full text of this Bow, OK Assistant Chief, Audio Division, Media Bureau. Commission decision is available for inspection and copying during normal AGENCY: Federal Communications [FR Doc. 03–23920 Filed 9–18–03; 8:45 am] Commission. business hours in the FCC’s Reference BILLING CODE 6712–01–P Information Center at Portals II, CY– ACTION: Final rule. A257, 445 12th Street, SW., SUMMARY: In response to a Notice of FEDERAL COMMUNICATIONS Washington, DC. This document may Proposed Rule Making, 66 FR 47433 COMMISSION also be purchased from the (September 12, 2001), this Report and Commission’s duplicating contractors, Order allots Channel 285A to Broken 47 CFR Part 73 Qualex International, Portals II, 445 Bow, Oklahoma, and provides Broken 12th Street, SW., Room CY–B402, [DA 03–2625; MM Docket No. 00–169; RM– Washington, DC, 20554, telephone 202– Bow with its second local aural 9953, RM–10160] transmission service. This document 863–2893, facsimile 202–863–2898, or also dismisses as defective a Radio Broadcasting Services; Granby via e-mail [email protected]. counterproposal filed by Entravision and Oswego, New York Federal Communications Commission. Holdings, LLC, the licensee of Station John A. Karousos, KTCY(FM), Pilot Point, Texas, AGENCY: Federal Communications Commission. Assistant Chief, Audio Division, Media proposing to, inter alia, upgrade its Bureau. Channel 285C1 at Station KTCY to ACTION: Final rule. [FR Doc. 03–23921 Filed 9–18–03; 8:45 am] Channel 285C0. The coordinates for SUMMARY: This Memorandum Opinion BILLING CODE 6712–01–P Channel 285A at Broken Bow are 34– and Order affirms action in a Report and 04–41 North Latitude and 94–45–53 Order 66 FR 51322 (October 9, 2001), West Longitude. This allotment has a FEDERAL COMMUNICATIONS that reallotted FM broadcast Channel site restriction of 5.9 kilometers (3.7 COMMISSION 288A from Oswego, New York, to miles) northwest of Broken Bow. Granby, New York, thus providing 47 CFR Part 73 DATES: Effective October 20, 2003. Granby with its first local aural FOR FURTHER INFORMATION CONTACT: R. transmission service. This document [DA 03–2636; MM Docket No. 03–36; RM– Barthen Gorman, Media Bureau, (202) dismisses as moot a petition for 10431] 418–2180. reconsideration of that Report and Radio Broadcasting Services; SUPPLEMENTARY INFORMATION: This is a Order, filed by Clear Channel Woodbine, IA synopsis of the Commission’s Report Broadcasting Licenses, Inc. (‘‘Clear and Order, MM Docket No. 01–209, Channel’’), licensee of Station AGENCY: Federal Communications adopted September 3, 2003, and WWDG(FM), DeRuyter, New York. Clear Commission. released September 5, 2003. The full Channel’s application had been ACTION: Final rule. text of this Commission decision is considered as a counterproposal in the available for inspection and copying reallotment rulemaking proposal. The SUMMARY: At the request of Harrison during normal business hours in the Report and Order had granted the County Radio, this document dismisses FCC’s Reference Information Center at requested reallotment after comparing its Petition for Rule Making proposing Portals II, 445 12th Street, SW., Room its merits with those of Clear Channel’s to allot Channel 293A to Woodbine, CY–A257, Washington, DC 20554. The application. The application was Iowa. See 68 FR 8728, published document may also be purchased from returned to the Audio Division for February 25, 2003. With this action, the the Commission’s duplicating further processing in order to give Clear proceeding is terminated. contractor, Qualex International, Portals Channel an opportunity to amend the FOR FURTHER INFORMATION CONTACT: II, 445 12th Street, SW., Room CY–B402, application in such a manner that it Robert Hayne, Mass Media Bureau (202) Washington, DC 20554, telephone (202) could be granted. No such amendment 418–2177. 863–2893, facsimile (202) 863–2898, or was submitted. Further, the existing SUPPLEMENTARY INFORMATION: This is a via e-mail [email protected]. application was found to be defective. synopsis of the Commission’s Report After giving the applicant an and Order in MB Docket No. 03–36, List of Subjects in 47 CFR Part 73 opportunity to correct the defect, the adopted September 3, 2003, and Radio, Radio broadcasting. Commission’s staff dismissed the released September 5, 2003. The full

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text of this decision is available for SUPPLEMENTARY INFORMATION: This is a reference coordinates for the Channel inspection and copying during normal synopsis of the Commission’s Report 261A allotment at Watkinsville, Georgia, business hours in the FCC’s Reference and Order, MB Docket No. 03–131, are 33–52–19 and 83–15–19. With this Information Center at Portals II, CY– adopted September 3, 2003, and action, the proceeding is terminated. A257, 445 12th Street, SW., released September 5, 2003. The full DATES: Effective October 20, 2003 Washington, DC. The complete text of text of this Commission decision is FOR FURTHER INFORMATION CONTACT: this decision may also be purchased available for inspection and copying Robert Hayne, Media Bureau (202) 418– from the Commission’s copy contractor, during normal business hours in the 2177. Qualex International, Portals II, 445 Commission’s Reference Center, 445 SUPPLEMENTARY INFORMATION: This is a 12th Street, SW., Room CY–B402, 12th Street, SW., Washington, DC. The synopsis of the Commission’s Report Washington, DC 20554, telephone 202– complete text of this decision may also and Order in MM Docket No. 01–281, 863–2893, facsimile 202–863–2898, or be purchased from the Commission’s adopted September 3, 2003, and via e-mail [email protected]. copy contractors, Qualex International, released September 5, 2003. The full Federal Communications Commission. Portals II, 445 12th Street, SW., Room text of this decision is available for John A. Karousos, CY–B402, Washington, DC, 20554, inspection and copying during normal telephone 202–863–2893, facsimile Assistant Chief, Audio Division, Media business hours in the FCC’s Reference Bureau. 202–863–2898, or via e-mail Information Center at Portals II, CY– [email protected]. [FR Doc. 03–23922 Filed 9–18–03; 8:45 am] A257, 445 12th Street, SW., BILLING CODE 6712–01–P List of Subjects in 47 CFR Part 73 Washington, DC. The complete text of this decision may also be purchased Radio, Radio broadcasting. from the Commission’s copy contractor, FEDERAL COMMUNICATIONS Part 73 of Title 47 of the Code of Qualex International, Portals ll, 445 COMMISSION Federal Regulations is amended as 12th Street, SW., Room CY–B402, follows: Washington, DC 20554, telephone 202 47 CFR Part 73 863–2893, facsimile 202–863–2898, or PART 73—RADIO BROADCAST via e-mail [email protected]. SERVICES [DA 03–2754; MB Docket No. 03–131 RM– List of Subjects in 47 CFR Part 73 10702] 1. The authority citation for Part 73 continues to read as follows: Radio, Radio broadcasting. Radio Broadcasting Services; Part 73 of Title 47 of the Code of Quartzsite, Arizona Authority: 47 U.S.C. 154, 303, 334 and 336. Federal Regulations is amended as 2. Section 73.202(b), the Table of FM follows: AGENCY: Federal Communications Allotments under Arizona, is amended Commission. PART 73—RADIO BROADCAST by adding Channel 290C2 at Quartzsite. ACTION: Final rule. SERVICES Federal Communications Commission. SUMMARY: In this document, the John A. Karousos, 1. The authority citation for Part 73 Commission allots Channel 290C2 at Assistant Chief, Audio Division, Media continues to read as follows: Quartzsite, Arizona, in response to a Bureau. Authority: 47 U.S.C. 154, 303, 334 and 336. petition filed by Dana J. Puopolo. See 68 [FR Doc. 03–23925 Filed 9–18–03; 8:45 am] § 73.202 [Amended] FR 36764 (June 19, 2003). Channel BILLING CODE 6712–01–P 290C2A can be allotted at Quartzsite, 2. Section 73.202(b), the Table of FM Arizona, with a site restriction 4.5 Allotments under Georgia, is amended kilometers (2.8 miles) northeast of the FEDERAL COMMUNICATIONS by removing Channel 261A at community at coordinates 33–41–51 COMMISSION Washington, and by adding and 114–12–10. Although Mexican Watkinsville, Channel 261A. concurrence has been requested for the 47 CFR Part 73 Federal Communications Commission. allotment of Channel 290C2 at [DA 03–2825; MM Docket No. 01–281; RM– John A. Karousos Quartzsite, notification has not been 10287] Assistant Chief, Audio Division, Media received. Therefore, operation with the Bureau. facilities specified for Channel 290C2 at Radio Broadcasting Services; Atlanta, [FR Doc. 03–23927 Filed 9–18–03; 8:45 am] Forsyth, Gray, Irwinton, Washington, Quartzsite herein is subject to BILLING CODE 6712–01–P modification, suspension or termination Watkinsville, GA. without right to hearing, if found by the AGENCY: Federal Communications Commission to be necessary in order to Commission. FEDERAL COMMUNICATIONS conform to the 1992 USA-Mexico FM COMMISSION Broadcast Agreement or if specifically ACTION: Final rule. objected to by Mexico. With this action, 47 CFR Part 73 SUMMARY: At the request of Southern this proceeding is terminated. A filing Broadcasting Companies, Inc., licensee [DA 03–2704] window for channel 290C2 at Quartzsite of Station WXKT, Channel 261A, will not be opened at this time. Instead, Washington, Georgia, this document Radio Broadcasting Services; Various the issue of opening this allotment for reallots Channel 261A to Watkinsville, Locations auction will be addressed by the Georgia, and modifies the Station Commission in a subsequent order. AGENCY: Federal Communications WXKT license to specify Watkinsville as Commission. DATES: Effective October 20, 2003. the community of license. It also denies ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: a conflicting proposal filed by New Kathleen Scheuerle, Media Bureau, Tracks Media. See 66 FR 53192, SUMMARY: The Commission, on its own (202) 418–2180. published October 19, 2001. The motion, editorially amends the Table of

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FM Allotments to specify the actual by removing Channel 266C3 and adding With this action, this proceeding is classes of channels allotted to various Channel 226C2 at Blakely.1 terminated. communities. The changes in channel 5. Section 73.202(b), the Table of FM DATES: classifications have been authorized in Allotments under Missouri, is amended Effective October 20, 2003. response to applications filed by by removing Channel 264C1 and adding FOR FURTHER INFORMATION CONTACT: licensees and permittees operating on Channel 266C0 at Harrisonville.2 Kathleen Scheuerle, Media Bureau, these channels. This action is taken 6. Section 73.202(b), the Table of FM (202) 418–2180 pursuant to Revision of Section Allotments under South Carolina, is SUPPLEMENTARY INFORMATION: This is a 73.3573(a)(1) of the Commission’s Rules amended by removing Channel 259C and summary of the Commission’s Report Concerning the Lower Classification of adding Channel 259C1 at Hollywood. an FM Allotment, 4 FCC Rcd 2413 and order, MB Docket No. 03–119, (1989), and the Amendment of the 7. Section 73.202(b), the Table of FM adopted September 3, 2003, and Commission’s Rules to permit FM Allotments under Texas, is amended by released September 5, 2003. The full removing Channel 281C and adding Channel and Class Modifications text of this Commission decision is Channel 281C0 at Edinburg. [Upgrades] by Applications, 8 FCC Rcd available for inspection and copying 4735 (1993). 8. Section 73.202(b), the Table of FM during regular business hours in the Allotments under the Virgin Islands, is DATES: Effective September 19, 2003. FCC’s Reference Information Center, amended by removing Channel 269B1 Portals II, 445 12th Street, SW., Room FOR FURTHER INFORMATION CONTACT: and adding Channel 269A at CY–A257, Washington, DC 20554. The Kathleen Scheuerle, Media Bureau, Frederiksted. (202) 418–2180. complete text of this decision may also Federal Communications Commission. be purchased from the Commission’s SUPPLEMENTARY INFORMATION: This is a John A. Karousos, duplicating contractor, Qualex summary of the Commission’s Report Assistant Chief, Audio Division, Media International, Portals II, 445 12th Street, and Order, adopted September 3, 2003, Bureau. and released September 5, 2003. The SW., Room CY–B402, Washington, DC [FR Doc. 03–23928 Filed 9–18–03; 8:45 am] full text of this Commission decision is 20554, telephone 202–863–2893, available for inspection and copying BILLING CODE 6712–01–P facsimile 202–863–2898, or via e-mail during normal business hours in the [email protected]. Commission’s Reference Center, 445 FEDERAL COMMUNICATIONS List of Subjects in 47 CFR Part 73 12th Street, SW., Washington, DC. The COMMISSION complete text of this decision may also Radio, Radio broadcasting. be purchased from the Commission’s 47 CFR Part 73 copy contractor, Qualex International, Part 73 of title 47 of the Code of Federal Portals II, 445 12th Street, SW., Room [DA 03–2715; MB Docket No. 03–119; RM– Regulations is amended as follows: 10694] CY–B402, Washington, DC, 20554, PART 73—RADIO BROADCAST telephone 202–863–2893, facsimile Radio Broadcasting Services; SERVICES 202–863–2898, or via e-mail Savannah, Springfield & Tybee Island, [email protected]. GA 1. The authority citation for Part 73 List of Subjects in 47 CFR Part 73 continues to read as follows: AGENCY: Federal Communications Radio, Radio broadcasting. Commission. Authority: 47 U.S.C. 154, 303, 334 and 336. Part 73 of Title 47 of the Code of ACTION: Final rule. § 73.202 [Amended] Federal Regulations is amended as follows: SUMMARY: This document substitutes 2. Section 73.202(b), the Table of FM Channel 280C2 for Channel 280C3 at Allotments under Georgia, is amended PART 73—RADIO BROADCAST Springfield, Georgia, reallots Channel by removing Channel 280A and by SERVICES 280C2 to Tybee Island, Georgia, and adding Channel 226C1 at Springfield, by modifies the license for Station WSIS removing Channel 226C1 at Savannah, 1. The authority citation for Part 73 and reallots Channel 226C1 from and by adding Tybee Island, Channel continues to read as follows: Savannah, Georgia, to Springfield, 280C2. Authority: 47 U.S.C. 154, 303, 334 and 336. Georgia, modifying the license for Station WEAS to specify operation at Federal Communications Commission. § 73.202 [Amended] Springfield, in response to a petition John A. Karousos, filed by Cumulus Licensing Corp. See Assistant Chief, Audio Division, Media 2. Section 73.202(b), the Table of FM 68 FR 33668, June 5, 2003. The Allotments under Alabama, is amended Bureau. coordinates for Channel 280C2 at Tybee [FR Doc. 03–23923 Filed 9–18–03; 8:45 am] by removing Channel 295C and adding Island are 32–00–45 and 80–50–44. The BILLING CODE 6712–01–P Channel 295C0 at Birmingham, by coordinates for Channel 226C1 at removing Channel 243C and adding Springfield are 32–02–48 and 81–20–27. Channel 243C0 at Birmingham, and by removing Channel 244C3 and adding 1 The FM Table of Allotments shows Channel Channel 244C2 at Pine Hill. 266C3 at Blakely, Georgia, in lieu of Channel 3. Section 73.202(b), the Table of FM 226C3. Channel 226C3, not Channel 266C3, was allotted to Blakely in MM Docket No. 91–319. See Allotments under Arizona, is amended 57 FR 5392, February 14, 1992. by removing Channel 246C3 and adding 2 The FM Table of Allotments shows Channel Channel 246A at Green Valley. 264C1at Harrisonville, Missouri, in lieu of Channel 266C1. Channel 266C1 was substituted for Channel 4. Section 73.202(b), the Table of FM 264C1 at Harrisonville in MM Docket No. 89–96. Allotments under Georgia, is amended See 54 FR 47773, November 17, 1989.

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DEPARTMENT OF TRANSPORTATION statutory mandate, NHTSA has agency tentatively ranked each of the published theft data annually beginning MY 2001 vehicle lines in descending National Highway Traffic Safety with MYs 1983/84. Continuing to fulfill order of theft rate. The public was Administration the section 33104(b)(4) mandate, this requested to comment on the accuracy document reports the final theft data for of the data and to provide final 49 CFR Part 541 CY 2001, the most recent calendar year production figures for individual [Docket No. NHTSA–2002–11443; Notice 02] for which data are available. vehicle lines. The agency used written In calculating the 2001 theft rates, comments to make the necessary RIN 2127–AJ00 NHTSA followed the same procedures it adjustments to its data. As a result of the used in calculating the MY 2000 theft Final Theft Data; Motor Vehicle Theft adjustments, some of the final theft rates rates. (For 2000 theft data calculations, Prevention Standard and rankings of vehicle lines changed see 67 FR 53756, August 19, 2002.) As from those published in the April 2003 AGENCY: National Highway Traffic in all previous reports, NHTSA’s data notice. The agency received written Safety Administration (NHTSA), were based on information provided to comments from DaimlerChrysler Department of Transportation. NHTSA by the National Crime Corporation (DaimlerChrysler) and ACTION: Publication of final theft data. Information Center (NCIC) of the Volkswagen of America, Inc. (VW). In Federal Bureau of Investigation. The its comments, DaimlerChrysler SUMMARY: This document publishes the NCIC is a government system that informed the agency that the production final data on thefts of model year (MY) receives vehicle theft information from volumes listed for the Chrysler Town & 2001 passenger motor vehicles that nearly 23,000 criminal justice agencies Country and the Chrysler Voyager lines occurred in calendar year (CY) 2001. and other law enforcement authorities were incorrect. Specifically, the The final 2001 theft data indicate an throughout the United States. The NCIC production volume for the Chrysler increase in the vehicle theft rate data also include reported thefts of self- Town and Country reflected the Town experienced in CY/MY 2001. The final insured and uninsured vehicles, not all & Country all-wheel drive vehicles only. theft rate for MY 2001 passenger of which are reported to other data The production volume for the Chrysler vehicles stolen in calendar year 2001 sources. Voyager reflected the total volume for (3.26 thefts per thousand vehicles) The 2001 theft rate for each vehicle the Voyager and Town & Country 2- increased by 12.8 percent from the theft line was calculated by dividing the wheel drive vehicles. In response to this rate for CY/MY 2000 (2.89 thefts per number of reported thefts of MY 2001 comment, the production volumes for thousand vehicles) when compared to vehicles of that line stolen during the Chrysler Town & Country and the the theft rate experienced in CY/MY calendar year 2001 by the total number Chrysler Voyager have been corrected 2000. Publication of these data fulfills of vehicles in that line manufactured for and the final theft list has been revised NHTSA’s statutory obligation to MY 2001, as reported to the accordingly. As a result of the periodically obtain accurate and timely Environmental Protection Agency correction, the Chrysler Town & theft data and publish the information (EPA). Country previously ranked No. 1 with a for review and comment. The final 2001 theft data show an theft rate of 22.9800, is now ranked No. FOR FURTHER INFORMATION CONTACT: Ms. increase in the vehicle theft rate when 143 with a theft rate of 1.7196, and the Deborah Mazyck, Office of Planning and compared to the theft rate experienced Chrysler Voyager previously ranked No. Consumer Standards, NHTSA, 400 in CY/MY 2000. The final theft rate for 199 with a theft rate of 0.4605 is now Seventh Street, SW., Washington, DC MY 2001 passenger vehicles stolen in ranked No. 120 with a theft rate of 20590. Ms. Mazyck’s telephone number calendar year 2001 increased to 3.26 2.1700. is (202) 366–0846. Her fax number is thefts per thousand vehicles produced, (202) 493–2290. an increase of 12.8 percent from the rate Volkswagen also informed the agency SUPPLEMENTARY INFORMATION: NHTSA of 2.89 thefts per thousand vehicles that the production volumes for the administers a program for reducing experienced by MY 2000 vehicles in CY Audi S4/Quattro and the Audi A6/ motor vehicle theft. The central feature 2000. For MY 2001 vehicles, out of a Quattro were incorrect. Upon later of this program is the Federal Motor total of 217 vehicle lines, 67 lines had review by Volkswagen, it was confirmed Vehicle Theft Prevention Standard, 49 a theft rate higher than 3.5826 per that the listed production volumes were CFR part 541. The standard specifies thousand vehicles, the established not in error. Therefore, the production performance requirements for inscribing median theft rate for MYs 1990/1991. volumes will remain unchanged. and affixing vehicle identification (See 59 FR 12400, March 16, 1994.) Of The following list represents numbers (VINs) onto certain major the 67 vehicle lines with a theft rate NHTSA’s final calculation of theft rates original equipment and replacement higher than 3.5826, 56 are passenger car for all 2001 passenger motor vehicle parts of high-theft lines of passenger lines, eight are multipurpose passenger lines. This list is intended to inform the motor vehicles. vehicle lines, and none are light-duty public of calendar year 2001 motor The agency is required by 49 U.S.C. truck lines. vehicle thefts of model year 2001 33104(b)(4) to periodically obtain, from On Tuesday, April 15, 2003, NHTSA vehicles and does not have any effect on the most reliable source, accurate and published the preliminary theft rates for the obligations of regulated parties timely theft data and publish the data CY 2001 passenger motor vehicles in the under 49 U.S.C. Chapter 331, Theft for review and comment. To fulfill this Federal Register (68 FR 18181). The Prevention.

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FINAL THEFT RATES OF MODEL YEAR 2001 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2001

2001 theft rate No. Manufacturer Make/model (line) Thefts Production (per 1,000 2001 (Mfr’s) 2001 vehicles produced)

1 ...... Daimler Chrysler ...... Dodge Intrepid ...... 1,442 113,333 12.7236 2 ...... General Motors ...... Chevrolet Metro ...... 199 15,999 12.4383 3 ...... Honda ...... Acura Integra ...... 148 14,092 10.5024 4 ...... Daimlerchrysler ...... Plymouth Neon ...... 400 38,651 10.3490 5 ...... Daimlerchrysler ...... Dodge Neon ...... 1,047 101,410 10.3244 6 ...... DaimlerChrlysler ...... Dodge Stratus ...... 1,115 109,015 10.2280 7 ...... Mitsubishi ...... Mirage ...... 447 48,393 9.2369 8 ...... Suzuki ...... Esteem ...... 152 18,713 8.1227 9 ...... DaimlerChrlysler ...... Chrysler LHS ...... 86 11,413 7.5353 10 ...... General Motors ...... Pontiac Firebird/Trans AM/Formula ...... 149 20,084 7.4188 11 ...... Mitsubishi ...... Galant ...... 729 102,990 7.0784 12 ...... General Motors ...... Chevrolet Camaro ...... 193 28,278 6.8251 13 ...... Mitsubishi ...... Montero ...... 258 38,599 6.6841 14 ...... General Motors ...... Pontiac Grand Am ...... 1,192 182,220 6.5415 15 ...... General Motors ...... Buick Regal ...... 340 52,492 6.4772 16 ...... Mitsubishi ...... Montero Sport ...... 402 64,115 6.2700 17 ...... Jaguar ...... S-Type ...... 126 20,102 6.2680 18 ...... Ford Motor Co...... Ford Escort ...... 536 87,019 6.1596 19 ...... Ford Motor Co...... Lincoln LS ...... 256 41,817 6.1219 20 ...... DaimlerChrlysler ...... Chrysler 300M ...... 228 37,284 6.1152 21 ...... General Motors ...... Pontiac Sunfire ...... 445 73,808 6.0292 22 ...... Honda ...... Acura NSX ...... 1 167 5.9880 23 ...... Mitsubishi ...... Diamante ...... 77 13,667 5.6340 24 ...... Ford Motor Co...... Ford Mustang ...... 869 155,039 5.6050 25 ...... DaimlerChrlysler ...... Chrysler Sebring ...... 407 73,543 5.5342 26 ...... KIA Motors ...... Optima ...... 134 24,754 5.4133 27 ...... DaimlerChrlysler ...... Chrysler Concorde ...... 147 28,030 5.2444 28 ...... General Motors ...... Chevrolet Cavalier ...... 1,136 217,438 5.2245 29 ...... Suzuki ...... Vitara/Grand ...... 281 53,810 5.2221 30 ...... Toyota ...... Corolla ...... 1,201 230,246 5.2162 31 ...... Nissan ...... Altima ...... 706 137,253 5.1438 32 ...... General Motors ...... Chevrolet Malibu ...... 956 186,788 5.1181 33 ...... DaimlerChrlysler ...... Chrysler Sebring Convertible ...... 200 39,668 5.0418 34 ...... Toyota ...... Lexus IS ...... 155 30,959 5.0066 35 ...... General Motors ...... Chevrolet Lumina ...... 213 42,803 4.9763 36 ...... General Motors ...... Oldsmobile Alero ...... 548 112,455 4.8731 37 ...... General Motors ...... Cadillac DeVille ...... 428 87,909 4.8687 38 ...... Isuzu ...... Trooper ...... 91 18,818 4.8358 39 ...... KIA Motors ...... Rio ...... 276 57,340 4.8134 40 ...... Mitsubishi ...... Eclipse ...... 380 79,034 4.8081 41 ...... Mazda ...... Millenia ...... 85 17,969 4.7304 42 ...... General Motors ...... Chevrolet Monte Carlo ...... 324 68,518 4.7287 43 ...... Audi ...... S4/Quattro ...... 72 15,301 4.7056 44 ...... Toyota ...... 4Runner ...... 373 83,052 4.4912 45 ...... General Motors ...... GMC Jimmy S15/T15 ...... 209 46,905 4.4558 46 ...... DaimlerChrlysler ...... Chrysler Neon1 ...... 3 682 4.3988 47 ...... Nissan ...... Maxima ...... 447 102,260 4.3712 48 ...... Hyundai ...... Sonata ...... 204 46,989 4.3414 49 ...... Rolls-Royce ...... Bentley Arnage ...... 2 466 4.2918 50 ...... General Motors ...... Oldsmobile Intrigue ...... 168 39,491 4.2541 51 ...... Jaguar ...... XK8 ...... 19 4,501 4.2213 52 ...... General Motors ...... Chevrolet Prizm ...... 209 50,141 4.1682 53 ...... DaimlerChrlysler ...... Jeep Cherokee/Grand ...... 1,376 338,673 4.0629 54 ...... Honda ...... Prelude ...... 46 11,329 4.0604 55 ...... General Motors ...... Oldsmobile Bravada ...... 44 10,935 4.0238 56 ...... General Motors ...... Pontiac Bonneville ...... 175 43,842 3.9916 57 ...... KIA Motors ...... Sephia/Spectra ...... 296 74,516 3.9723 58 ...... General Motors ...... Pontiac Grand Prix ...... 466 117,647 3.9610 59 ...... Mercedes-Benz ...... 129 (SL-Class) ...... 16 4,080 3.9216 60 ...... Isuzu ...... Rodeo ...... 242 62,963 3.8435 61 ...... General Motors ...... Chevrolet Blazer S10/T10 ...... 629 163,771 3.8407 62 ...... General Motors ...... Chevrolet Corvette ...... 124 33,204 3.7345 63 ...... KIA Motors ...... Sportage ...... 215 57,927 3.7116 64 ...... Ford Motor Co...... Lincoln Town Car ...... 255 68,832 3.7047 65 ...... Ford Motor Co...... Mercury Sable ...... 364 98,867 3.6817 66 ...... Daewoo ...... Leganza ...... 73 20,112 3.6297 67 ...... Ford Motor Co...... Ford Focus ...... 964 267,470 3.6041 68 ...... Toyota ...... Celica ...... 126 35,540 3.5453

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FINAL THEFT RATES OF MODEL YEAR 2001 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2001— Continued

2001 theft rate No. Manufacturer Make/model (line) Thefts Production (per 1,000 2001 (Mfr’s) 2001 vehicles produced)

69 ...... Ford Motor Co...... Ford Taurus ...... 1,238 351,813 3.5189 70 ...... Toyota ...... Lexus GS ...... 105 29,858 3.5166 71 ...... General Motors ...... Cadillac Seville ...... 88 25,157 3.4980 72 ...... Mercedes-Benz ...... 215 (CL-Class) ...... 11 3,162 3.4788 73 ...... Suzuki ...... Swift ...... 15 4,375 3.4286 74 ...... Mazda ...... 626 ...... 173 51,355 3.3687 75 ...... BMW ...... Z8 ...... 3 895 3.3520 76 ...... Hyundai ...... Accent ...... 256 77,491 3.3036 77 ...... Nissan ...... Infiniti Q45 ...... 6 1,846 3.2503 78 ...... Daewoo ...... Lanos ...... 69 21,626 3.1906 79 ...... Toyota ...... Camry ...... 1,123 353,219 3.1793 80 ...... General Motors ...... Chevrolet Impala ...... 597 188,248 3.1713 81 ...... Nissan ...... Sentra ...... 335 106,549 3.1441 82 ...... Ford Motor Co...... Mercury Mountaineer ...... 45 14,439 3.1166 83 ...... Toyota ...... Lexus LX ...... 31 9,967 3.1103 84 ...... DaimlerChrysler ...... Chrysler Prowler ...... 5 1,632 3.0637 85 ...... Ford Motor Co...... Ford Explorer ...... 1,050 344,002 3.0523 86 ...... DaimlerChrysler ...... Dodge Caravan/Grand ...... 649 218,302 2.9729 87 ...... Jaguar ...... XJ8 ...... 17 5,960 2.8523 88 ...... Hyundai ...... Tiburon ...... 64 22,713 2.8178 89 ...... General Motors ...... Oldsmobile Aurora ...... 140 50,034 2.7981 90 ...... General Motors ...... Saturn LS ...... 222 79,562 2.7903 91 ...... Nissan ...... Frontier Pickup ...... 286 102,545 2.7890 92 ...... Mercedes-Benz ...... 220 (S-Class) ...... 85 31,977 2.6582 93 ...... Ford Motor Co...... Ford Ranger Pickup ...... 708 266,960 2.6521 94 ...... BMW ...... 3 ...... 307 117,873 2.6045 95 ...... Daewoo ...... Nubira ...... 35 13,450 2.6022 96 ...... Volvo ...... C70 ...... 14 5,462 2.5632 97 ...... Nissan ...... Infiniti G20 ...... 18 7,087 2.5399 98 ...... Jaguar ...... XKR ...... 4 1,588 2.5189 99 ...... DaimlerChrysler ...... Jeep Wrangler ...... 163 66,366 2.4561 100 ...... Honda ...... Acura 3.2 CL ...... 94 38,679 2.4303 101 ...... General Motors ...... Chevrolet Astro Van ...... 104 42,909 2.4237 102 ...... General Motors ...... Buick Park Avenue ...... 88 36,407 2.4171 103 ...... Jaguar ...... XJR ...... 3 1,256 2.3885 104 ...... Hyundai ...... Santa Fe ...... 121 51,088 2.3685 105 ...... Toyota ...... Lexus LS ...... 75 31,738 2.3631 106 ...... Hyundai ...... XG ...... 47 19,894 2.3625 107 ...... General Motors ...... Buick Lesabre ...... 327 140,202 2.3323 108 ...... Honda ...... S2000 ...... 23 9,945 2.3127 109 ...... Mazda ...... Protege ...... 110 47,754 2.3035 110 ...... Honda ...... Passport ...... 39 16,999 2.2943 111 ...... Mercedes-Benz ...... 208 (CLK-Class) ...... 34 14,940 2.2758 112 ...... General Motors ...... GMC Safari Van ...... 33 14,549 2.2682 113 ...... General Motors ...... Buick Century ...... 285 126,295 2.2566 114 ...... Ford Motor Co...... Mercury Cougar ...... 58 25,810 2.2472 115 ...... Audi ...... TT/Quattro ...... 47 21,022 2.2358 116 ...... BMW ...... 7 ...... 57 25,548 2.2311 117 ...... DaimlerChrysler ...... Plymouth Prowler ...... 3 1,353 2.2173 118 ...... Volvo ...... S40 ...... 69 31,145 2.2154 119 ...... Jaguar ...... Vanden Plas ...... 8 3,617 2.2118 120 ...... DaimlerChrysler ...... Chrysler Voyager ...... 78 35,944 2.1700 121 ...... General Motors ...... Chevrolet S10/T10 Pickup ...... 354 166,708 2.1235 122 ...... Ford Motor Co...... Ford F150 Pickup ...... 293 138,481 2.1158 123 ...... Honda ...... Acura 3.5 RL ...... 7 3,312 2.1135 124 ...... Volvo ...... S80 ...... 53 25,203 2.1029 125 ...... Subaru ...... Impreza ...... 19 9,205 2.0641 126 ...... Toyota ...... Tacoma Pickup ...... 330 160,222 2.0596 127 ...... Ford Motor Co ...... Mercury Grand Marquis ...... 215 104,890 2.0498 128 ...... Hyundai ...... Elantra ...... 217 106,418 2.0391 129 ...... General Motors ...... GMC Sonoma Pickup ...... 86 42,536 2.0218 130 ...... General Motors ...... Saturn SC ...... 94 46,557 2.0190 131 ...... Toyota Tundra ...... Pickup ...... 38 19,191 1.9801 132 ...... Toyota ...... RAV4 ...... 172 87,108 1.9746 133 ...... General Motors ...... Saturn SL ...... 214 108,946 1.9643 134 ...... Toyota ...... Echo ...... 103 52,694 1.9547 135 ...... Nissan ...... Pathfinder ...... 172 89,836 1.9146

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FINAL THEFT RATES OF MODEL YEAR 2001 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2001— Continued

2001 theft rate No. Manufacturer Make/model (line) Thefts Production (per 1,000 2001 (Mfr’s) 2001 vehicles produced)

136 ...... BMW ...... 5 ...... 76 40,591 1.8723 137 ...... Porsche ...... 911 ...... 20 10,931 1.8297 138 ...... Volkswagen ...... Jetta ...... 281 153,706 1.8282 139 ...... Nissan ...... Infiniti I30 ...... 70 39,505 1.7719 140 ...... Honda ...... Civic ...... 603 341,401 1.7663 141 ...... Nissan ...... Xterra ...... 170 96,255 1.7661 142 ...... Honda ...... Accord ...... 665 379,508 1.7523 143 ...... Daimler-Chrysler ...... Chrysler Town & Country MPV ...... 248 144,218 1.7196 144 ...... Volkswagen ...... Golf/GTI ...... 56 32,736 1.7107 145 ...... Volvo ...... V40 ...... 7 4,109 1.7036 146 ...... Saab ...... 9Ð5 ...... 39 23,016 1.6945 147 ...... Mercedes-Benz ...... ML ...... 68 40,257 1.6891 148 ...... Mazda ...... BÐSeries Pickup ...... 46 27,490 1.6733 149 ...... Audi ...... A4/Quattro ...... 58 35,023 1.6561 150 ...... Nissan ...... Infiniti QX4 ...... 59 36,778 1.6042 151 ...... Daimler-Chrysler ...... Chrysler PT Cruiser ...... 279 176,326 1.5823 152 ...... General Motors ...... Cadillac Catera ...... 18 11,568 1.5560 153 ...... General Motors ...... Pontiac Aztek ...... 63 41,111 1.5324 154 ...... Toyota ...... Lexus ES ...... 54 35,282 1.5305 155 ...... Ford Motor CO ...... Ford Windstar Van ...... 275 179,687 1.5304 156 ...... Volvo ...... V70 ...... 25 16,408 1.5236 157 ...... General Motors ...... Saturn SW ...... 6 3,973 1.5102 158 ...... Ford Motor CO ...... Lincoln Continental ...... 32 21,341 1.4995 159 ...... Isuzu ...... Vehicross ...... 2 1,347 1.4848 160 ...... Audi ...... A6/Quattro ...... 39 26,592 1.4666 161 ...... Porsche ...... Boxster ...... 19 12,979 1.4639 162 ...... Daimler-Chrysler ...... Dodge Dakota Pickup ...... 230 158,303 1.4529 163 ...... Toyota ...... MR2 Spyder ...... 10 6,950 1.4388 164 ...... Ford Motor CO ...... Ford Escape ...... 214 151,295 1.4145 165 ...... General Motors ...... Pontiac Montana Van ...... 71 50,437 1.4077 166 ...... Toyota ...... Lexus RX ...... 121 86,206 1.4036 167 ...... Mercedes-Benz ...... 170 (SLK-Class) ...... 22 16,294 1.3502 168 ...... Mercedes-Benz ...... 210 (E-Class) ...... 67 49,628 1.3500 169 ...... Honda ...... Acura 3.2 TL ...... 46 34,860 1.3196 170 ...... General Motors ...... Chevrolet Venture Van ...... 110 85,346 1.2889 171 ...... Audi ...... S8/Quattro ...... 1 814 1.2285 172 ...... Daimler-Chrysler ...... Dodge Viper ...... 2 1,643 1.2173 173 ...... Nissan ...... Quest Van ...... 37 31,402 1.1783 174 ...... Toyota ...... Sienna Van ...... 99 85,794 1.1539 175 ...... Volkswagen ...... New Beetle ...... 83 72,350 1.1472 176 ...... Mercedes-Benz ...... 203 (CÐClass) ...... 36 32,931 1.0932 177 ...... Volkswagen ...... Passat ...... 90 82,870 1.0860 178 ...... Volkswagen ...... Cabrio ...... 16 15,479 1.0337 179 ...... Toyota ...... Avalon ...... 79 77,925 1.0138 180 ...... General Motors ...... Chevrolet Tracker ...... 108 108,204 0.9981 181 ...... General Motors ...... Oldsmobile Silhouette Van ...... 36 36,278 0.9923 182 ...... Ford Motor CO ...... Mercury Villager Van ...... 18 18,169 0.9907 183 ...... Volvo ...... S60 ...... 32 33,335 0.9600 184 ...... Saab ...... 9Ð3 ...... 20 20,920 0.9560 185 ...... Volvo ...... XC ...... 25 27,082 0.9231 186 ...... Audi ...... A8/Quattro/L ...... 2 2,177 0.9187 187 ...... Honda ...... CRÐV ...... 99 117,003 0.8461 188 ...... Volkswagen ...... Eurovan/Camper ...... 3 3,652 0.8215 189 ...... BMW ...... M/Z3 ...... 15 18,627 0.8053 190 ...... General Motors ...... Cadillac Eldorado ...... 8 10,289 0.7775 191 ...... Mazda ...... Tribute ...... 42 55,827 0.7523 192 ...... Toyota ...... Highlander ...... 52 69,706 0.7460 193 ...... Subaru ...... Legacy/Outback ...... 73 98,623 0.7402 194 ...... Honda ...... Acura MDX ...... 30 41,081 0.7303 195 ...... Mazda ...... MXÐ5 Miata ...... 12 18,040 0.6652 196 ...... Mazda ...... MPV ...... 23 36,356 0.6326 197 ...... Subaru ...... Forester ...... 37 63,015 0.5872 198 ...... Ford Motor CO ...... Ford LTD/Crown Victoria ...... 50 89,572 0.5582 199 ...... General Motors ...... Saturn LW ...... 5 9,223 0.5421 200 ...... Toyota ...... Prius ...... 7 15,773 0.4438 201 ...... Audi ...... Allroad/Quattro ...... 3 6,840 0.4386 202 ...... Honda ...... Odyssey Minivan ...... 54 123,522 0.4372

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FINAL THEFT RATES OF MODEL YEAR 2001 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2001— Continued

2001 theft rate No. Manufacturer Make/model (line) Thefts Production (per 1,000 2001 (Mfr’s) 2001 vehicles produced)

203 ...... Quantum Tech ...... Cavalier ...... 1 2,417 0.4137 204 ...... Honda ...... Insight ...... 1 3,426 0.2919 205 ...... Aston-Martin ...... DBÐ7/Vantage/Coupe/Volante ...... 0 348 0.0000 206 ...... Rolls-Royce ...... Bentley Azure ...... 0 100 0.0000 207 ...... Rolls-Royce ...... Bentley Continental R ...... 0 22 0.0000 208 ...... Rolls-Royce ...... Bentley Continental T ...... 0 8 0.0000 209 ...... General Motors ...... Cadillac Funeral Coach/Hearse ...... 0 2,203 0.0000 210 ...... Ferrari ...... 360 ...... 0 723 0.0000 211 ...... Ferrari ...... 456 ...... 0 64 0.0000 212 ...... Ferrari ...... 550 ...... 0 290 0.0000 213 ...... Lamborghini ...... DB132/144 Diablo ...... 0 150 0.0000 214 ...... Rolls-Royce ...... Corniche ...... 0 45 0.0000 215 ...... Rolls-Royce ...... Park Ward ...... 0 28 0.0000 216 ...... Rolls-Royce ...... Silver Seraph ...... 0 51 0.0000 217 ...... Mitsubishi ...... 2 Nativa ...... 0 1,653 0.0000 1 This vehicle was manufactured under the Chrysler nameplate for sale in a U.S. Territories only (Guam, American Samoa, Puerto Rico) and the Virgin Islands, (St. Thomas & St. Croix). 2 This vehicle was manufactured for sale only in Puerto Rico and represents the U.S. version of the Montero Sport line.

Issued on: September 12, 2003. Standard (FMVSS) No. 225, Child Correction of Publication. Stephen R. Kratzke, Restraint Anchorage Systems. Accordingly, the publication on June Associate Administrator for Rulemaking. EFFECTIVE DATE: September 19, 2003. 27, 2003 (68 FR 38208, FR Doc. 03– [FR Doc. 03–23874 Filed 9–17–03; 8:45 am] 15953) amending FMVSS No. 225 is FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–59–P corrected as follows: Deirdre R. Fujita, Office of the Chief Counsel, NHTSA, telephone (202) 366– § 596.5 [Corrected] DEPARTMENT OF TRANSPORTATION 2992; fax (202) 366–3820, 400 Seventh On page 38231 in the first column, in St., SW., Washington, DC 20590. instruction 4, line 2, the phrase National Highway Traffic Safety ‘‘introductory test’’ [sic] is removed. Administration SUPPLEMENTARY INFORMATION: The final rule that is the subject of this correction On page 38231 in the first column, § 596.5, ‘‘Response to inquiries’’ is 49 CFR Parts 571 and 596 responded to petitions for reconsideration of the agency’s March corrected to read: [Docket NHTSA–03–15438] 1999 final rule establishing Federal § 596.5 Response to inquiries. RIN 2127–AH99 Motor Vehicle Safety Standard No. 225, Child Restraint Anchorage Systems (49 At anytime during the production Federal Motor Vehicle Safety CFR 571.225), and of the agency’s years ending August 31, 2000, August Standards; Child Restraint Systems; previous responses to petitions, 31, 2001, August 31, 2002, and August Child Restraint Anchorage Systems published in August 1999 and July 31, 2005, each manufacturer shall, upon Phase-In Reporting Requirements; 2000. request from the Office of Vehicle Safety Correction Compliance, provide information Need for Correction identifying the vehicles (by make, AGENCY: National Highway Traffic model and vehicle identification Safety Administration (NHTSA), As published, the final rule contains number) that have been certified as Department of Transportation. errors that are in need of clarification. complying with Standard No. 225 (49 ACTION: Final rule; correction. One error leads to unclear regulatory CFR 571.225). The manufacturer’s text that the agency wants to correct designation of a vehicle as a certified SUMMARY: This document contains a prior to October 1, when 49 CFR part vehicle is irrevocable. correction to a final rule (Docket 571 is annually revised. Other errors are NHTSA–03–15438) that was published more minor and will be corrected in a Issued on September 12, 2003. Friday, June 27, 2003. The rule subsequent Federal Register document Stephen R. Kratzke, responded to petitions for that responds to petitions for Associate Administrator for Rulemaking. reconsideration of final rules pertaining reconsideration received on the June 27, [FR Doc. 03–23880 Filed 9–18–03; 8:45 am] to Federal Motor Vehicle Safety 2003 final rule (68 FR 38208). BILLING CODE 4910–59–P

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Proposed Rules Federal Register Vol. 68, No. 182

Friday, September 19, 2003

This section of the FEDERAL REGISTER in triplicate. Comments sent via the submitted in response to this action contains notices to the public of the proposed Internet as attached electronic files must must submit a self-addressed, stamped issuance of rules and regulations. The be formatted in Microsoft Word 97 or postcard on which the following purpose of these notices is to give interested 2000 or ASCII text. statement is made: ‘‘Comments to persons an opportunity to participate in the The service information referenced in Docket Number 2001-NM–365-AD.’’ The rule making prior to the adoption of the final rules. the proposed rule may be obtained from postcard will be date stamped and Saab Aircraft AB, SAAB Aircraft returned to the commenter. ¨ Product Support, S–581.88, Linkoping, Availability of NPRMs DEPARTMENT OF TRANSPORTATION Sweden. This information may be examined at the FAA, Transport Any person may obtain a copy of this Federal Aviation Administration Airplane Directorate, 1601 Lind NPRM by submitting a request to the Avenue, SW., Renton, Washington. FAA, Transport Airplane Directorate, ANM–114, Attention: Rules Docket No. 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 2001-NM–365-AD, 1601 Lind Avenue, [Docket No. 2001–NM–365–AD] SW., Renton, Washington 98055–4056. International Branch, ANM–116, FAA, RIN 2120–AA64 Transport Airplane Directorate, 1601 Discussion Airworthiness Directives; Saab Model Lind Avenue, SW., Renton, Washington The Luftfartsverket (LFV), which is SAAB 2000 Series Airplanes 98055–4056; telephone (425) 227–1175; the airworthiness authority for Sweden, fax (425) 227–1149. notified the FAA that an unsafe AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: condition may exist on certain Saab Administration, DOT. Comments Invited Model SAAB 2000 series airplanes. The ACTION: Notice of proposed rulemaking LFV advises that fatigue testing revealed (NPRM). Interested persons are invited to that the body of the dual shuttle valve participate in the making of the in the number 2 hydraulic system may SUMMARY: This document proposes the proposed rule by submitting such adoption of a new airworthiness crack at the pressure side. This cracking written data, views, or arguments as may cause the loss of hydraulic pressure directive (AD) that is applicable to they may desire. Communications shall certain Saab Model SAAB 2000 series to the left inboard elevator, resulting in identify the Rules Docket number and reduced maximum elevator rate on the airplanes. This proposal would require be submitted in triplicate to the address replacing the dual shuttle valve in the failed side, for which the flight crew specified above. All communications could attempt to compensate. This number 2 hydraulic system with a new received on or before the closing date improved valve; and, for certain condition, if not corrected, could result for comments, specified above, will be in pilot induced pitch oscillation, and airplanes, modifying the hydraulic considered before taking action on the system. This action is necessary to consequent reduced controllability of proposed rule. The proposals contained the airplane. prevent failure of the dual shuttle valve in this action may be changed in light in the number 2 hydraulic system, with of the comments received. Explanation of Relevant Service reduced maximum elevator rate on the Submit comments using the following Information left side, which could result in pilot format: Saab has issued Service Bulletin induced pitch oscillation, and • Organize comments issue-by-issue. 2000–29–020, dated August 14, 2001. consequent reduced controllability of For example, discuss a request to The service bulletin describes the airplane. This action is intended to change the compliance time and a procedures for replacing the dual address the identified unsafe condition. request to change the service bulletin shuttle valve in the number 2 hydraulic DATES: Comments must be received by reference as two separate issues. system with a new, improved valve on October 20, 2003. • For each issue, state what specific airplanes that have had Modification ADDRESSES: Submit comments in change to the proposed AD is being 5952 implemented. triplicate to the Federal Aviation requested. Saab has also issued Service Bulletin Administration (FAA), Transport • Include justification (e.g., reasons or 2000–29–010, Revision 02, dated Airplane Directorate, ANM–114, data) for each request. August 14, 2001, which describes Attention: Rules Docket No. 2001-NM– Comments are specifically invited on procedures for the completion of 365-AD, 1601 Lind Avenue, SW., the overall regulatory, economic, Modification 5952. That modification Renton, Washington 98055–4056. environmental, and energy aspects of presents changes to let the integrated Comments may be inspected at this the proposed rule. All comments hydraulic package (IHP) operate in a location between 9 a.m. and 3 p.m., submitted will be available, both before standby mode. The service bulletin also Monday through Friday, except Federal and after the closing date for comments, introduces a dual shuttle valve in the holidays. Comments may be submitted in the Rules Docket for examination by IHP system, changes the position of the via fax to (425) 227–1232. Comments interested persons. A report check valve, replaces the IHP, installs may also be sent via the Internet using summarizing each FAA-public contact new tubing and connections, and the following address: 9-anm- concerned with the substance of this introduces a new filter. [email protected]. Comments sent proposal will be filed in the Rules The LFV classified Saab Service via fax or the Internet must contain Docket. Bulletin 2000–29–020 as mandatory and ‘‘Docket No. 2001–NM–365–AD’’ in the Commenters wishing the FAA to issued Swedish airworthiness directive subject line and need not be submitted acknowledge receipt of their comments 1–164, dated August 17, 2001, to ensure

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the continued airworthiness of these not specifically mandate incorporation rulemaking actions represent only the airplanes in Sweden. The LFV approved of Service Bulletin 2000–29–010 and time necessary to perform the specific Saab Service Bulletin 2000–29–010, therefore does not provide a compliance actions actually required by the AD. Revision 02. time for that action. These figures typically do not include Accomplishment of the actions Saab Service Bulletin 2000–29–010, incidental costs, such as the time specified in the service bulletins is Revision 02, dated August 14, 2001, also required to gain access and close up, intended to adequately address the recommends accomplishment of the planning time, or time necessitated by identified unsafe condition. actions in Saab Service Bulletins 2000– other administrative actions. 29–008, 2000–29–009, 2000–29–011, FAA’s Conclusions Regulatory Impact and 2000–29–013. However, this This airplane model is manufactured proposed AD would not require those The regulations proposed herein in Sweden and is type certificated for additional actions. would not have a substantial direct operation in the United States under the effect on the States, on the relationship provisions of § 21.29 of the Federal Changes to 14 CFR part 39/Effect on the between the national Government and Aviation Regulations (14 CFR 21.29) Proposed AD the States, or on the distribution of and the applicable bilateral On July 10, 2002, the FAA issued a power and responsibilities among the airworthiness agreement. Pursuant to new version of 14 CFR part 39 (67 FR various levels of government. Therefore, this bilateral airworthiness agreement, 47997, July 22, 2002), which governs the it is determined that this proposal the LFV has kept the FAA informed of FAA’s airworthiness directives system. would not have federalism implications the situation described above. The FAA The regulation now includes material under Executive Order 13132. has examined the findings of the LFV, that relates to altered products, special For the reasons discussed above, I reviewed all available information, and flight permits, and alternative methods certify that this proposed regulation (1) determined that AD action is necessary of compliance. Because we have now is not a ‘‘significant regulatory action’’ for products of this type design that are included this material in part 39, only under Executive Order 12866; (2) is not certificated for operation in the United the office authorized to approve AMOCs a ‘‘significant rule’’ under the DOT States. is identified in each individual AD. Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if Explanation of Requirements of Change to Labor Rate Estimate promulgated, will not have a significant Proposed Rule We have reviewed the figures we have economic impact, positive or negative, Since an unsafe condition has been used over the past several years to on a substantial number of small entities identified that is likely to exist or calculate AD costs to operators. To under the criteria of the Regulatory develop on other airplanes of the same account for various inflationary costs in Flexibility Act. A copy of the draft type design registered in the United the airline industry, we find it necessary regulatory evaluation prepared for this States, the proposed AD would require to increase the labor rate used in these action is contained in the Rules Docket. accomplishment of the actions specified calculations from $60 per work hour to A copy of it may be obtained by in the service bulletins described $65 per work hour. The cost impact contacting the Rules Docket at the previously, except as discussed below. information, below, reflects this location provided under the caption Differences Between the Proposed Rule, increase in the specified hourly labor ADDRESSES. rate. Swedish Airworthiness Directive, and List of Subjects in 14 CFR Part 39 the Service Bulletins Cost Impact Air transportation, Aircraft, Aviation Where this proposed AD would The FAA estimates that 3 airplanes of safety, Safety. require completion of Saab Service U.S. registry would be affected by this Bulletin 2000–29–020, dated August 14, proposed AD. The Proposed Amendment 2001, and Saab Service Bulletin 2000– The proposed replacement would take Accordingly, pursuant to the 29–010, Revision 02, dated August 14, approximately 4 work hours per authority delegated to me by the 2001, the LFV has specifically mandated airplane, at an average labor rate of $65 Administrator, the Federal Aviation only Service Bulletin 2000–29–020. per work hour. Parts would be provided Administration proposes to amend part However, that service bulletin specifies to the operator at no charge. Based on 39 of the Federal Aviation Regulations that Service Bulletin 2000–29–010 must these figures, the cost impact of the (14 CFR part 39) as follows: be done before Service Bulletin 2000– proposed replacement on U.S. operators 29–020, so Service Bulletin 2000–29– is estimated to be $780, or $260 per PART 39—AIRWORTHINESS 010 may be implicitly required by the airplane. DIRECTIVES LFV. The proposed modification, if 1. The authority citation for part 39 As a result, the proposed compliance required, would take approximately 60 continues to read as follows: time differs from that of the Swedish work hours per airplane at an average airworthiness directive. This proposed labor rate of $65 per work hour. Parts Authority: 49 U.S.C. 106(g), 40113, 44701. AD would require that the valve be would be provided to the operator at no § 39.13 [Amended] replaced per Service Bulletin 2000–29– charge. Based on these figures, the cost 2. Section 39.13 is amended by 020 within 15,000 flight hours after the impact of the proposed modification is adding the following new airworthiness effective date of the AD if Service estimated to be $3,900 per airplane. directive: Bulletin 2000–29–010 has been The cost impact figures discussed incorporated. If Service Bulletin 2000– above are based on assumptions that no SAAB Aircraft AB: Docket 2001–NM–365– AD. 29–010 has not been incorporated, this operator has yet accomplished any of proposed AD would require its the proposed requirements of this AD Applicability: Model SAAB 2000 series airplanes, as listed in Saab Service Bulletin accomplishment within 90 days, and action, and that no operator would 2000–29–020, dated August 14, 2001; replacement of the valve within 15,000 accomplish those actions in the future if certificated in any category. flight hours thereafter. However, the this AD were not adopted. The cost Compliance: Required as indicated, unless Swedish airworthiness directive does impact figures discussed in AD accomplished previously.

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To prevent failure of the dual shuttle valve DEPARTMENT OF TRANSPORTATION The service information referenced in in the number 2 hydraulic system, with the proposed rule may be obtained from reduced maximum elevator rate on the left Federal Aviation Administration Boeing Commercial Aircraft Group, side, which could result in pilot induced Long Beach Division, 3855 Lakewood pitch oscillation, and consequent reduced 14 CFR Part 39 Boulevard, Long Beach, California controllability of the airplane, accomplish [Docket No. 2002–NM–306–AD] 90846, Attention: Data and Service the following: Management, Dept. C1–L5A (D800– RIN 2120–AA64 Replacement: Modified Airplanes 0024). This information may be examined at the FAA, Transport (a) For airplanes that have been modified Airworthiness Directives; McDonnell Airplane Directorate, 1601 Lind per Saab Service Bulletin 2000–29–010, Douglas Model DC–9–10, DC–9–20, Avenue, SW., Renton, Washington; or at Revision 02, dated August 14, 2001 DC–9–30, DC–9–40, and DC–9–50 the FAA, Los Angeles Aircraft (Modification 5952): Within 15,000 flight Series Airplanes; and Model DC–9–81 Certification Office, 3960 Paramount hours after completing Modification 5952, (MD–81) and DC–9–82 (MD–82) Boulevard, Lakewood, California. replace the dual shuttle valve in the number Airplanes 2 hydraulic system with a new, improved FOR FURTHER INFORMATION CONTACT: valve, per the Accomplishment Instructions AGENCY: Federal Aviation Elvin Wheeler, Aerospace Engineer, of Saab Service Bulletin 2000–29–020, dated Administration, DOT. Systems and Equipment Branch, ANM– August 14, 2001. ACTION: Notice of proposed rulemaking 130L, FAA, Los Angeles Aircraft (NPRM). Certification Office, 3960 Paramount Modification and Replacement: Unmodified Boulevard, Lakewood, California Airplanes SUMMARY: This document proposes the 90712–4137; telephone (562) 627–5344; (b) For airplanes that have not been supersedure of an existing airworthiness fax (562) 627–5210. directive (AD), applicable to certain modified per Saab Service Bulletin 2000–29– SUPPLEMENTARY INFORMATION: 010, Revision 02, dated August 14, 2001 McDonnell Douglas transport category (Modification 5952): Do paragraphs (b)(1) and airplanes, that currently requires an Comments Invited (b)(2) of this AD within the times specified. inspection for chafing and/or abrasion, Interested persons are invited to (1) Within 90 days after the effective date repair if necessary, and modification of participate in the making of the of this AD, modify the hydraulic system, per the power feeder cable installation. This proposed rule by submitting such the Accomplishment Instructions of Saab action would require inspection for written data, views, or arguments as Service Bulletin 2000–29–010, Revision 02, proper installation, damage, or abrasion they may desire. Communications shall dated August 14, 2001. of the power feeder cables and trough identify the Rules Docket number and (2) Within 15,000 flight hours after installations; proper installation of be submitted in triplicate to the address accomplishing paragraph (b)(1) of this AD, caterpillar grommets in the lightening specified above. All communications replace the dual shuttle valve in the number holes; and repair if necessary. This received on or before the closing date 2 hydraulic system with a new, improved action also would require modification for comments, specified above, will be valve, per the Accomplishment Instructions of the power feeder cable installation considered before taking action on the of Saab Service Bulletin 2000–29–020, dated and add airplanes to the applicability of proposed rule. The proposals contained August 14, 2001. the AD. The actions specified by the in this action may be changed in light Note 1: Although Saab Service Bulletin proposed AD are intended to prevent a of the comments received. 2000–29–020, dated August 14, 2001; and possible loss of electrical bus power, Submit comments using the following Saab Service Bulletin 2000–29–010, Revision which could result in a potential fire format: 02, dated August 14, 2001; specify sending ignition source and consequent fire in • Organize comments issue-by-issue. removed or replaced parts to the the cabin. This action is intended to For example, discuss a request to manufacturer or the vendor, this AD does not address the identified unsafe condition. change the compliance time and a include such requirements. DATES: Comments must be received by request to change the service bulletin Parts Installation November 3, 2003. reference as two separate issues. ADDRESSES: Submit comments in • For each issue, state what specific (c) As of the effective date of this AD, no triplicate to the Federal Aviation change to the proposed AD is being person may install a dual shuttle valve, part Administration (FAA), Transport requested. number 7329114–721, on any airplane. Airplane Directorate, ANM–114, • Include justification (e.g., reasons or Alternative Methods of Compliance Attention: Rules Docket No. 2002–NM– data) for each request. (d) In accordance with 14 CFR 39.19, the 306–AD, 1601 Lind Avenue, SW., Comments are specifically invited on Manager, International Branch, ANM–116, Renton, Washington 98055–4056. the overall regulatory, economic, FAA, is authorized to approve alternative Comments may be inspected at this environmental, and energy aspects of methods of compliance for this AD. location between 9 a.m. and 3 p.m., the proposed rule. All comments Note 2: The subject of this AD is addressed Monday through Friday, except Federal submitted will be available, both before in Swedish airworthiness directive 1–164, holidays. Comments may be submitted and after the closing date for comments, dated August 17, 2001. via fax to (425) 227–1232. Comments in the Rules Docket for examination by may also be sent via the Internet using interested persons. A report Issued in Renton, Washington, on the following address: 9-anm- summarizing each FAA-public contact September 15, 2003. [email protected]. Comments sent concerned with the substance of this Ali Bahrami, via fax or the Internet must contain proposal will be filed in the Rules Acting Manager, Transport Airplane ‘‘Docket No. 2002-NM–306-AD’’ in the Docket. Directorate, Aircraft Certification Service. subject line and need not be submitted Commenters wishing the FAA to [FR Doc. 03–23939 Filed 9–18–03; 8:45 am] in triplicate. Comments sent via the acknowledge receipt of their comments Internet as attached electronic files must submitted in response to this action BILLING CODE 4910–13–P be formatted in Microsoft Word 97 or must submit a self-addressed, stamped 2000 or ASCII text. postcard on which the following

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statement is made: ‘‘Comments to replacing clipnuts with clipnuts worldwide fleet. The FAA estimates that Docket Number 2002-NM–306-AD.’’ The specified in the ASB, as applicable, and 475 airplanes of U.S. registry would be postcard will be date stamped and performing a generator circuit relay affected by this proposed AD. returned to the commenter. test). Additionally, that ASB adds The new actions that are proposed in airplanes to the effectivity of the ASB. Availability of NPRMs this AD action would take Accomplishment of the actions approximately (depending on the Any person may obtain a copy of this specified in the ASB is intended to applicable airplane group specified in NPRM by submitting a request to the adequately address the identified unsafe the service bulletin) from 1 work hour FAA, Transport Airplane Directorate, condition. per airplane to 25 work hours per ANM–114, Attention: Rules Docket No. airplane to accomplish, at an average 2002-NM–306-AD, 1601 Lind Avenue, Explanation of Requirements of Proposed Rule labor rate of $65 per work hour. Certain SW., Renton, Washington 98055–4056. airplane groups (1, 2, and 7) do not Discussion Since an unsafe condition has been require parts. For certain other airplane identified that is likely to exist or groups (5 and 6), required parts would On January 10, 1986, the FAA issued develop on other products of this same cost approximately $291 to $428 per AD 85–25–06, amendment 39–5177 (50 type design, the proposed AD would airplane. Based on these figures, the cost FR 49833, December 5, 1985), supersede AD 85–25–06 to require impact of the proposed requirements of applicable to certain McDonnell general visual inspections for proper this AD on U.S. operators is estimated Douglas Model DC–9 and C–9 (military) installation, damage, or abrasion of the to be between $65 per airplane for series airplanes, to require inspection of power feeder cables and trough certain airplane groups, and $2,053 per the power feeder cable installation, installations; proper installation of airplane for certain other airplane repair if necessary, and modification of caterpillar grommets in the lightening groups. the power feeder cable installation holes; and repair if necessary. For The cost impact figures discussed between the electrical power center and certain airplanes, this proposed AD the respective generators. That action above are based on assumptions that no would require modification, as operator has yet accomplished any of was prompted by reports of chafing and/ described previously, of the power or abrasion of the power feeder cables the current or proposed requirements of feeder cable installation. The actions this AD action, and that no operator and six instances of shorted 1 power would be required to be accomplished feeder cables. The chafing and/or would accomplish those actions in the in accordance with the service bulletin future if this AD were not adopted. The abrasion was attributed to power feeder described previously. cables riding against bulkhead cost impact figures discussed in AD feedthroughs, floor panel clipnuts, and Explanation of Change to Applicability rulemaking actions represent only the time necessary to perform the specific lightening holes in transition areas The FAA has revised the applicability actions actually required by the AD. below floor level. The requirements of of this proposed AD to reference the These figures typically do not include that AD are intended to eliminate a appropriate models as listed in the incidental costs, such as the time potential fire ignition source from the current published Type Certification required to gain access and close up, generator power feeder cable Data Sheet. installation. planning time, or time necessitated by Changes to 14 CFR Part 39/Effect on the other administrative actions. Actions Since Issuance of Previous Rule Proposed AD Regulatory Impact Since the issuance of that AD, the On July 10, 2002, the FAA issued a manufacturer has advised the FAA that new version of 14 CFR part 39 (67 FR The regulations proposed herein additional airplanes have been 47997, July 22, 2002), which governs the would not have a substantial direct identified that also may be subject to the FAA’s airworthiness directives system. effect on the States, on the relationship identified unsafe condition. The regulation now includes material between the national Government and that relates to altered products, special the States, or on the distribution of Explanation of Relevant Service power and responsibilities among the Information flight permits, and alternative methods of compliance (AMOCs). Because we various levels of government. Therefore, The FAA has reviewed and approved have now included this material in part it is determined that this proposal McDonnell Douglas Alert Service 39, only the office authorized to approve would not have federalism implications Bulletin (ASB) DC9–24A078, Revision AMOCs is identified in each individual under Executive Order 13132. 04, dated May 25, 2000, which describes AD. For the reasons discussed above, I procedures for a general visual certify that this proposed regulation (1) inspection for damage such as sharp Change to Labor Rate Estimate is not a ‘‘significant regulatory action’’ object penetration or abrasion damage of We have reviewed the figures we have under Executive Order 12866; (2) is not the power feeder cables, a general visual used over the past several years to a ‘‘significant rule’’ under the DOT inspection of the power feeder cables, calculate AD costs to operators. To Regulatory Policies and Procedures (44 troughs and associated hardware for account for various inflationary costs in FR 11034, February 26, 1979); and (3) if secure and proper installation, and the airline industry, we find it necessary promulgated, will not have a significant repair if necessary. That ASB also to increase the labor rate used in these economic impact, positive or negative, describes procedures for installing calculations from $60 per work hour to on a substantial number of small entities grommets on all lightening holes where $65 per work hour. The cost impact under the criteria of the Regulatory the power feeder cables pass through, information, below, reflects this Flexibility Act. A copy of the draft and performing a generator control relay increase in the specified hourly labor regulatory evaluation prepared for this test on any repaired power feeder rate. action is contained in the Rules Docket. cables. For certain airplanes, that ASB A copy of it may be obtained by also describes modification of the power Cost Impact contacting the Rules Docket at the feeder cable installation (including There are approximately 1,050 location provided under the caption installing lightening hole grommets, airplanes of the affected design in the ADDRESSES.

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List of Subjects in 14 CFR Part 39 flashlight, or droplight and may require (AD), applicable to certain Dassault removal or opening of access panels or doors. Model Falcon 900 EX and Mystere- Air transportation, Aircraft, Aviation Stands, ladders, or platforms may be required safety, Safety. Falcon 900 series airplanes, that would to gain proximity to the area being checked.’’ have required installing an attachment The Proposed Amendment Note 2: It is not necessary to inspect power support assembly for the fire Accordingly, pursuant to the feeder cables that are contained in conduit. extinguishing piping in the baggage authority delegated to me by the (b) If any abrasion or damage is found on compartment. This new action revises Administrator, the Federal Aviation the power feeder cables and troughs or any the proposed rule by proposing to add Administration proposes to amend part improper installation of the caterpillar a requirement to modify the liner panel grommets in the lightening holes is detected of the baggage compartment for certain 39 of the Federal Aviation Regulations during the inspections required by paragraph (14 CFR part 39) as follows: (a) of this AD, before further flight, repair per airplanes. The actions specified by this the Work Instructions of McDonnell Douglas new proposed AD are intended to PART 39—AIRWORTHINESS ASB DC9–24A078, Revision 04, dated May prevent distortion of the fire DIRECTIVES 25, 2000. extinguishing discharge nozzle as a 1. The authority citation for part 39 (c) Within 2 years after the effective date result of the nozzle not being secure, of this AD, modify the power feeder cable continues to read as follows: which could result in poor diffusion of installation (including installing lightening the fire extinguishing agent in the event Authority: 49 U.S.C. 106(g), 40113, 44701. hole grommets, replacing clipnuts with of a fire in the baggage compartment. clipnuts specified in McDonnell Douglas This action is intended to address the § 39.13 [Amended] ASB DC9–24A078, Revision 04, dated May identified unsafe condition. 2. Section 39.13 is amended by 25, 2000, as applicable, and performing a removing amendment 39–5177 (50 FR generator circuit relay test), per the Work DATES: Comments must be received by 49833, December 5, 1985), and by Instructions of McDonnell Douglas ASB October 15, 2003. adding a new airworthiness directive DC9–24A078, Revision 04, dated May 25, ADDRESSES: Submit comments in (AD), to read as follows: 2000. triplicate to the Federal Aviation Administration (FAA), Transport McDonnell Douglas: Docket 2002–NM–306– Acceptable Methods of Compliance AD. Supersedes AD 85–25–06, (d) Accomplishment of the actions Airplane Directorate, ANM–114, Amendment 39–5177. specified in McDonnell Douglas DC–9 Attention: Rules Docket No. 2001–NM– Applicability: Model DC–9–11, DC–9–12, Service Bulletin 24–78, dated April 9, 1985; 269–AD, 1601 Lind Avenue, SW., DC–9–13, DC–9–14, DC–9–15, and DC–9–15F Revision 1, dated December 9, 1985; Revision Renton, Washington 98055–4056. airplanes; Model DC–9–21 airplanes; Model 2, dated March 20, 1986; or Revision 3, dated Comments may be inspected at this DC–9–31, DC–9–32, DC–9–32 (VC–9C), DC– July 17, 1987; before the effective date of this location between 9 a.m. and 3 p.m., 9–32F, DC–9–32F (C–9A and C–9B), DC–9– AD, is acceptable as a method of compliance Monday through Friday, except Federal 33F, DC–9–34 and DC–9–34F airplanes; with the requirements of this AD. holidays. Comments may be submitted Model DC–9–41 airplanes; Model DC–9–51 Alternative Methods of Compliance via fax to (425) 227–1232. Comments airplanes; and Model DC–9–81 (MD–81) and may also be sent via the Internet using DC–9–82 (MD–82) airplanes; as specified in (e) In accordance with 14 CFR 39.19, the McDonnell Douglas Alert Service Bulletin Manager, Los Angeles Aircraft Certification the following address: 9-anm- DC9–24A078, Revision 04, dated May 25, Office (ACO), FAA, is authorized to approve [email protected]. Comments sent 2000; certificated in any category. alternative methods of compliance for this via fax or the Internet must contain Compliance: Required as indicated, unless AD. ‘‘Docket No. 2001–NM–269–AD’’ in the accomplished previously. Issued in Renton, Washington, on subject line and need not be submitted To prevent a possible loss of electrical bus September 15, 2003. in triplicate. Comments sent via the power due to chafing and/or abrasion of the Ali Bahrami, Internet as attached electronic files must power feeder cable installation, which could be formatted in Microsoft Word 97 or result in a potential fire ignition source and Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. 2000 or ASCII text. consequent fire in the cabin; accomplish the The service information referenced in following: [FR Doc. 03–23938 Filed 9–18–03; 8:45 am] the proposed rule may be obtained from BILLING CODE 4910–13–P Inspection Dassault Falcon Jet, P.O. Box 2000, (a) Within 2 years after the effective date South Hackensack, New Jersey 07606. of this AD, perform a general visual DEPARTMENT OF TRANSPORTATION This information may be examined at inspection for proper installation, damage the FAA, Transport Airplane (e.g., evidence of sharp object penetration), or Federal Aviation Administration Directorate, 1601 Lind Avenue, SW., abrasion of the power feeder cables and Renton, Washington. trough installations, and for proper installation of caterpillar grommets in the 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Dan lightening holes; per the Work Instructions of [Docket No. 2001–NM–269–AD] Rodina, Aerospace Engineer, McDonnell Douglas Alert Service Bulletin International Branch, ANM–116, FAA, (ASB) DC9–24A078, Revision 04, dated May RIN 2120–AA64 Transport Airplane Directorate, 1601 25, 2000. Lind Avenue, SW., Renton, Washington Airworthiness Directives; Dassault Note 1: For the purposes of this AD, a 98055–4056; telephone (425) 227–2125; general visual inspection is defined as: ‘‘A Model Falcon 900 EX and Mystere- fax (425) 227–1149. Falcon 900 Series Airplanes visual examination of an interior or exterior SUPPLEMENTARY INFORMATION: area, installation, or assembly to detect AGENCY: Federal Aviation obvious damage, failure, or irregularity. This Comments Invited Administration, DOT. level of inspection is made from within Interested persons are invited to touching distance unless otherwise specified. ACTION: Supplemental notice of A mirror may be necessary to enhance visual proposed rulemaking; reopening of participate in the making of the access to all exposed surfaces in the comment period. proposed rule by submitting such inspection area. This level of inspection is written data, views, or arguments as made under normally available lighting SUMMARY: This document revises an they may desire. Communications shall conditions such as daylight, hangar lighting, earlier proposed airworthiness directive identify the Rules Docket number and

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be submitted in triplicate to the address extinguishing agent in the event of a fire Request To Revise Requirement specified above. All communications in the baggage compartment. The commenter notes that the received on or before the closing date Comments paragraph numbering in the for comments, specified above, will be Accomplishment Instructions is no Due consideration has been given to considered before taking action on the longer the same in both service the comments received in response to proposed rule. The proposals contained bulletins. The commenter requests that the original NPRM. in this action may be changed in light paragraph (a) of the original NPRM be of the comments received. Request To Cite Revised Service revised to reflect the additional steps in Submit comments using the following Bulletin Service Bulletin F900–279, Revision 1, format: which account for the possible • Organize comments issue-by-issue. The original issue of Dassault Service Bulletin F900–279 was cited in the incorporation of Modification M874. For example, discuss a request to The FAA agrees. Paragraph (a) has change the compliance time and a original NPRM as the appropriate source of service information for the support been revised in this supplemental request to change the service bulletin NPRM to more clearly identify the reference as two separate issues. assembly installation on Model Mystere- • Falcon F900 series airplanes. The applicable service information for the For each issue, state what specific corresponding actions. change to the proposed AD is being manufacturer (and sole commenter on requested. the original NPRM) discovered that Request To Cite New/Revised French • Include justification (e.g., reasons or Dassault Service Bulletin F900–279 is Airworthiness Directives data) for each request. not ‘‘totally efficient’’ for Model The commenter requests that the Comments are specifically invited on Mystere-Falcon F900 series airplanes, original NPRM be revised to cite the the overall regulatory, economic, serial numbers (S/Ns) 1 through 59, that new/revised French airworthiness environmental, and energy aspects of weren’t modified in production directives. the proposed rule. All comments (Modification M874). Modification We agree and have accordingly submitted will be available, both before M874 introduces a different angle of the revised Note 1 in this supplemental and after the closing date for comments, nozzle and the associated cutting in the NPRM (Note 3 in the original NPRM). in the Rules Docket for examination by liner panel. The manufacturer has interested persons. A report issued Dassault Service Bulletin F900– Request To Require Report summarizing each FAA-public contact 279, Revision 1, dated May 15, 2002, to The commenter requests that the concerned with the substance of this provide procedures to reinforce the original NPRM be revised to require the proposal will be filed in the Rules extinguishing diffuser fitting and ensure compliance report recommended in the Docket. the proper upward direction of the service bulletins. The commenter asserts Commenters wishing the FAA to nozzle. The manufacturer requests that that the reports help provide better acknowledge receipt of their comments the original NPRM be revised to cite customer support. submitted in response to this action Revision 1 of the service bulletin. We do not concur with the request to must submit a self-addressed, stamped The FAA concurs. Revision 1 of the require such a report. The Paperwork postcard on which the following service bulletin adds procedures for Reduction Act of 1980 (44 U.S.C. 3501 statement is made: ‘‘Comments to airplanes having S/Ns 1 through 59 that et seq.) requires agencies to consider the Docket Number 2001–NM–269–AD.’’ were modified in accordance with the extent of the paperwork burden that will The postcard will be date stamped and original issue of Service Bulletin F900– accompany any new rule. This Act is returned to the commenter. 279. The Direction Ge´ne´rale de intended to reduce these burdens by l’Aviation Civile (DGAC), which is the Availability of NPRMs requiring agencies not only to analyze airworthiness authority for France, the information collection and reporting Any person may obtain a copy of this recognizing the need for different costs they are imposing on the private NPRM by submitting a request to the requirements for the different affected sector, but to use those analyses to FAA, Transport Airplane Directorate, airplane models, issued French minimize the cost. Therefore, we cannot ANM–114, Attention: Rules Docket No. airworthiness directives 2001–192– justify imposing this burden, which 2001–NM–269–AD, 1601 Lind Avenue, 034(B) R1 (for Model F900EX series would not help to eliminate the unsafe SW., Renton, Washington 98055–4056. airplanes) and 2002–261(B) (for Model condition. Discussion Mystere-Falcon F900 series airplanes), both dated May 15, 2002, to account for Conclusion A proposal to amend part 39 of the the possible incorporation of Since certain changes expand the Federal Aviation Regulations (14 CFR Modification M874. Paragraph (a) in this scope of the original NPRM, we have part 39) to add an airworthiness supplemental NPRM has been revised to determined that it is necessary to reopen directive (AD), applicable to certain cite Revision 1 of Service Bulletin the comment period to provide Dassault Model Falcon 900 EX and F900–279. additional opportunity for public Mystere-Falcon 900 series airplanes, comment. was published as a notice of proposed Request To Revise the Applicability rulemaking (NPRM) in the Federal The commenter requests that the Changes to 14 CFR Part 39/Effect on the Register on January 30, 2003 (68 FR applicability specified in the original Proposed AD 4739). That NPRM (the ‘‘original NPRM be revised, and suggests specific On July 10, 2002, we issued a new NPRM’’) would have required installing language intended to more correctly version of 14 CFR part 39 (67 FR 47997, an attachment support assembly for the define the affected airplanes. July 22, 2002), which governs the FAA’s fire extinguishing piping in the baggage In light of the service bulletin revision AD system. This regulation now compartment. The original NPRM was and production modification for certain includes material that relates to altered prompted by a report of a damaged models, we concur with the request and products, special flight permits, and (distorted) discharge nozzle. This have revised the applicability alternative methods of compliance condition, if not corrected, could result accordingly in this supplemental (AMOCs). Because we have now in poor diffusion of the fire NPRM. included this material in part 39, only

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the office authorized to approve AMOCs The cost impact figures discussed on a substantial number of small entities is identified in each individual AD. above are based on assumptions that no under the criteria of the Regulatory operator has yet accomplished any of Flexibility Act. A copy of the draft Change to Labor Rate Estimate the proposed requirements of this AD regulatory evaluation prepared for this We have reviewed the figures we have action, and that no operator would action is contained in the Rules Docket. used over the past several years to accomplish those actions in the future if A copy of it may be obtained by calculate AD costs to operators. To this AD were not adopted. The cost contacting the Rules Docket at the account for various inflationary costs in impact figures discussed in AD location provided under the caption the airline industry, we find it necessary rulemaking actions represent only the ADDRESSES. time necessary to perform the specific to increase the labor rate used in these List of Subjects in 14 CFR Part 39 calculations from $60 per work hour to actions actually required by the AD. $65 per work hour. The cost impact These figures typically do not include Air transportation, Aircraft, Aviation information, below, reflects this incidental costs, such as the time safety, Safety. required to gain access and close up, increase in the specified hourly labor The Proposed Amendment rate. planning time, or time necessitated by other administrative actions. Accordingly, pursuant to the Cost Impact authority delegated to me by the Regulatory Impact We estimate that 150 airplanes of U.S. Administrator, the Federal Aviation The regulations proposed herein registry would be affected by this Administration proposes to amend part would not have a substantial direct proposed AD. 39 of the Federal Aviation Regulations effect on the States, on the relationship (14 CFR part 39) as follows: It would take about 3 work hours per between the national Government and airplane to install the support assembly, the States, or on the distribution of PART 39—AIRWORTHINESS at an average labor rate of $65 per work power and responsibilities among the DIRECTIVES hour. Required parts would be provided various levels of government. Therefore, by the manufacturer at no cost to the it is determined that this proposal 1. The authority citation for part 39 operators. Based on these figures, the would not have federalism implications continues to read as follows: cost impact of this proposed action on under Executive Order 13132. Authority: 49 U.S.C. 106(g), 40113, 44701. U.S. operators is estimated to be For the reasons discussed above, I $29,250, or $195 per airplane. certify that this proposed regulation (1) § 39.13 [Amended] If required, the panel modification is not a ‘‘significant regulatory action’’ 2. Section 39.13 is amended by would take about 4 work hours per under Executive Order 12866; (2) is not adding the following new airworthiness airplane, at an average labor rate of $65 a ‘‘significant rule’’ under the DOT directive: per work hour. Based on these figures, Regulatory Policies and Procedures (44 Dassault Aviation: Docket 2001–NM–269– the cost impact of the proposed panel FR 11034, February 26, 1979); and (3) if AD. modification is estimated to be about promulgated, will not have a significant Applicability: The following airplanes, $260 per airplane. economic impact, positive or negative, certificated in any category:

TABLE—APPLICABILITY

Which corresponds Model— Excluding airplanes modified in accordance with Dassault to Dassault Service Bulletin— Modification—

Mystere-Falcon 900 series airplanes ...... MF900–279, dated June 7, 2001 ...... M3368. or F900–279, Revision 1, dated May 15, 2002 ...... M3368 and M874. Falcon 900EX series airplanes ...... F900EX–142, dated June 7, 2001 ...... F900EX M3368.

Compliance: Required as indicated, unless (2) For Model Mystere-Falcon F900 series Issued in Renton, Washington, on accomplished previously. airplanes: Paragraphs 2.A. through 2.D., as September 15, 2003. To prevent distortion of the fire applicable, of the Accomplishment Ali Bahrami, extinguishing discharge nozzle as a result of Instructions of Dassault Service Bulletin Acting Manager, Transport Airplane the nozzle not being secure, which could F900–279, Revision 1, dated May 15, 2002. result in poor diffusion of the fire Directorate, Aircraft Certification Service. Paragraph 2.B. of this service bulletin extinguishing agent in the event of a fire in [FR Doc. 03–23937 Filed 9–18–03; 8:45 am] includes a modification of the liner panel of the baggage compartment, accomplish the BILLING CODE 4910–13–P following: the baggage compartment for airplanes having serial numbers 1 through 59 Installation inclusive, with the nozzle directed (a) Within 7 months or 330 flight hours downward. after the effective date of this AD, whichever comes first, install an attachment support Alternative Methods of Compliance assembly for the fire extinguishing piping in (b) In accordance with 14 CFR 39.19, the the baggage compartment, in accordance with Manager, International Branch, ANM–116, the following service information, as FAA, is authorized to approve alternative applicable: methods of compliance for this AD. (1) For Model Falcon 900 EX series airplanes: Paragraphs 2.A. through 2.C. of the Note 1: The subject of this AD is addressed Accomplishment Instructions of Dassault in French airworthiness directives 2001– Service Bulletin F900EX–142, dated June 7, 192–034(B) R1 and 2002–261(B), both dated 2001. May 15, 2002.

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DEPARTMENT OF TRANSPORTATION examined at the FAA, Transport Discussion Airplane Directorate, 1601 Lind Federal Aviation Administration A proposal to amend part 39 of the Avenue, SW., Renton, Washington. Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 part 39) to add an airworthiness Keith Ladderud, Aerospace Engineer, directive (AD), applicable to certain [Docket No. 2001–NM–88–AD] Cabin Safety and Environmental Boeing Model 737–300, –400, and –500 Systems Branch, ANM–150S, FAA, RIN 2120–AA64 series airplanes, was published as a Seattle Aircraft Certification Office, notice of proposed rulemaking (NPRM) 1601 Lind Avenue, SW., Renton, Airworthiness Directives; Boeing in the Federal Register on July 9, 2002 Washington 98055–4056; telephone Model 737–300, –400, and –500 Series (67 FR 45412). That NPRM (the (425) 917–6435; fax (425) 917–6590. Airplanes ‘‘original NPRM’’) would have required SUPPLEMENTARY INFORMATION: replacement of the hinge assemblies on AGENCY: Federal Aviation Comments Invited certain escape slide compartments of Administration, DOT. the forward doors with new, stronger Interested persons are invited to ACTION: Supplemental notice of hinge assemblies. The original NPRM participate in the making of the proposed rulemaking; reopening of was prompted by an investigation that proposed rule by submitting such comment period. revealed that the soft aluminum hinge written data, views, or arguments as assemblies on the escape slide SUMMARY: This document revises an they may desire. Communications shall compartments on affected airplanes are earlier proposed airworthiness directive identify the Rules Docket number and susceptible to deformation. That (AD), applicable to certain Boeing be submitted in triplicate to the address condition, if not corrected, could result Model 737–300, –400, and –500 series specified above. All communications in forward door escape slides falling out airplanes, that would have required received on or before the closing date of their compartments into the airplane replacement of the hinge assemblies on for comments, specified above, will be interior and inflating, which could certain escape slide compartments of considered before taking action on the impede an evacuation in the event of an the forward doors with new, stronger proposed rule. The proposals contained emergency. hinge assemblies. This new action in this action may be changed in light revises the proposed rule by adding an of the comments received. Comments Submit comments using the following inspection for incorrectly crimped hinge Due consideration has been given to assemblies, and corrective action if format: • Organize comments issue-by-issue. the comments received in response to necessary, for certain airplanes. The the original NPRM. actions specified by this new proposed For example, discuss a request to AD are intended to prevent forward change the compliance time and a Support for the Original NPRM request to change the service bulletin door escape slides from falling out of Several commenters support the their compartments into the airplane reference as two separate issues. • For each issue, state what specific original NPRM. One commenter adds interior and inflating, which could that accomplishment of the proposed impede an evacuation in the event of an change to the proposed AD is being requested. actions will help eliminate unintended emergency. This action is intended to • slide deployments on affected airplanes. address the identified unsafe condition. Include justification (e.g., reasons or data) for each request. DATES: Comments must be received by Request To Cite Revised Service Comments are specifically invited on Bulletin October 14, 2003. the overall regulatory, economic, ADDRESSES: Submit comments in environmental, and energy aspects of The manufacturer states that Boeing triplicate to the Federal Aviation the proposed rule. All comments Service Bulletin 737–25–1430, dated Administration (FAA), Transport submitted will be available, both before February 22, 2001, misidentifies certain Airplane Directorate, ANM–114, and after the closing date for comments, part numbers in the Existing Parts Attention: Rules Docket No. 2001–NM– in the Rules Docket for examination by Accountability table. (That service 88–AD, 1601 Lind Avenue, SW., interested persons. A report bulletin was cited as the appropriate Renton, Washington 98055–4056. summarizing each FAA-public contact source of service information for the Comments may be inspected at this concerned with the substance of this actions specified in the original NPRM.) location between 9 a.m. and 3 p.m., proposal will be filed in the Rules The manufacturer advises of the Monday through Friday, except Federal Docket. revision of that service bulletin to holidays. Comments may be submitted Commenters wishing the FAA to correct the part number discrepancy, via fax to (425) 227–1232. Comments acknowledge receipt of their comments and requests that the original NPRM be may also be sent via the Internet using submitted in response to this action revised to cite the revised service the following address: 9–anm- must submit a self-addressed, stamped bulletin. [email protected]. Comments sent postcard on which the following The FAA agrees with the request. via fax or the Internet must contain statement is made: ‘‘Comments to Revision 1 of the service bulletin, dated ‘‘Docket No. 2001–NM–88–AD’’ in the Docket Number 2001–NM–88–AD.’’ The April 10, 2003, was issued to correct the subject line and need not be submitted postcard will be date stamped and part numbers and to add an inspection in triplicate. Comments sent via the returned to the commenter. for incorrectly crimped hinge Internet as attached electronic files must assemblies for airplanes already be formatted in Microsoft Word 97 or Availability of NPRMs modified by the original issue of the 2000 or ASCII text. Any person may obtain a copy of this service bulletin, which may have not The service information referenced in NPRM by submitting a request to the ensured that all hinge assemblies are the proposed rule may be obtained from FAA, Transport Airplane Directorate, crimped at one or both ends. An Boeing Commercial Airplane Group, ANM–114, Attention: Rules Docket No. incorrectly crimped hinge assembly may P.O. Box 3707, Seattle, Washington 2001–NM–88–AD, 1601 Lind Avenue, not hold the hinge pin correctly. In this 98124–2207. This information may be SW., Renton, Washington 98055–4056. supplemental NPRM:

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• Paragraph (a) has been revised to operators to do the work during the Request for Coinciding Compliance limit its applicability to airplanes on normal overhaul schedule for the escape Times which the original issue of the service slides. bulletin has not been done. One commenter questions the timing • The FAA agrees with this request. In of this AD in connection with the Paragraph (a) has been revised to revising this compliance time, the FAA cite Revision 1 of the service bulletin. issuance of AD 2001–15–01, considered the safety implications, parts • New paragraph (b) has been added amendment 39–12335 (66 FR 38361, availability, and typical maintenance to require inspection of airplanes on July 24, 2001). AD 2001–15–01 requires which the original service bulletin was schedules of affected operators. modification of the escape slides by done. Extending the compliance time to the modifying the latch assembly and • Subsequent paragraphs have been suggested 36 months will not adversely installing a cover assembly on the reidentified accordingly. affect safety but will accommodate the trigger housing of the inflation cylinder. time necessary for the operators to The commenter advises that the two Request To Withdraw the Proposed AD obtain replacement parts and schedule ADs will require closely associated One commenter requests withdrawal the work. Paragraph (a) of the original work at different times. The FAA infers of the proposed AD as unnecessary. The NPRM has been revised accordingly in that the commenter requests commenter suggests that the proposed this supplemental NPRM. harmonization of the ADs’ compliance times. AD was prompted by an isolated Request To Revise Compliance Time incident during which multiple The FAA does not agree. The unfavorable conditions existed. The Several commenters request revision compliance time for AD 2001–15–01 is commenter, an operator, reports that, of paragraph (b) of the original NPRM 18 months for some actions and 36 since the early 1990s, its affected (paragraph (c) in this supplemental months for the remaining actions, airplanes have flown over seven million NPRM), which specifies that certain effective from August 28, 2001. miles without an escape slide inflating hinge assemblies may no longer be Therefore, a coordinated work schedule inside the cabin. installed after the effective date of the for the two ADs would necessitate a The FAA does not agree with the AD. The commenters request that this shorter compliance time for the request to withdraw the original NPRM. compliance time be extended to proposed requirements in this While few slides have actually inflated coincide with the compliance time to supplemental NPRM. As stated inside an airplane, there have been replace all hinge assemblies. The previously, the FAA finds the proposed multiple incidents of escape slides commenters state that this extension compliance time’extended to 36 months dropping out of the closed door- would give operators more time to as requested’to be adequate. No further mounted stowage compartment into the update airplane manuals and prevent change to this supplemental NPRM is passenger compartment. An escape slide unforeseen delays if parts are not necessary regarding the compliance that drops out of its compartment could readily available. time. automatically inflate inside the passenger compartment and impede an The FAA does not agree. Once an Request To Provide Alternative Actions emergency evacuation. This unsafe condition has been identified, the FAA generally prohibits that One commenter requests that the supplemental NPRM would mandate a original NPRM be revised to provide for design change that will prevent the slide condition from being introduced (or re- introduced) into the fleet. When it is the option of repetitively inspecting and from dropping out of its closed testing the hinge assemblies, instead of compartment. determined that replacement (safe) parts are immediately available to operators, replacing them within the specified Request for Additional Information the FAA typically prohibits installation compliance time. The commenter states One commenter, an operator, suggests of the unsafe parts as of the effective that the alternative repetitive that the manufacturer investigate the date of the AD. While this AD action inspections would prevent the prevalence of the incident that was being developed, the FAA carefully unnecessary replacement of functional prompted this AD (i.e., an escape slide considered all relevant information parts. dropping out of its closed door-mounted including parts availability and The FAA does not agree, based on the stowage compartment and inflating determined that sufficient parts would determination that the subject hinge inside the passenger compartment). The be available to meet operator demand. assemblies are weak and must be replaced within the proposed operator asserts its intent to ascertain Further, the FAA considers the period compliance time. The FAA has the background of the unsafe condition of time between publication of the final determined that long-term continued by requesting from Boeing all previous rule in the Federal Register and the operational safety will be better ensured correspondence on this issue between effective date of the AD (35 days) the manufacturer and operators. by modifications or design changes to sufficient for operators to determine remove the source of the problem, rather The FAA acknowledges the comment, their immediate need for parts and to although the commenter requests no than by repetitive inspections. Long- obtain them. In individual cases where term inspections may not provide the specific change to the original NPRM. In this is not possible, this supplemental light of the previous comment and degree of safety assurance necessary for NPRM contains a provision (in the transport airplane fleet. This, response, the FAA finds it necessary to paragraph (d)) that would allow proceed with this AD action to address coupled with a better understanding of operators to request an extension of the the identified unsafe condition. the human factors associated with compliance time, based upon a specific numerous repetitive inspections, has led Request To Extend the Compliance showing of need. The FAA considers the FAA to consider placing less Time that this provision ensures an adequate emphasis on special procedures and Several commenters request that the level of safety without imposing any more emphasis on design proposed compliance time to replace undue burden on operators. improvements. The proposed the hinge assemblies be extended from No change to this supplemental modification requirement is consistent 24 months to 36 months to enable NPRM is necessary regarding this issue. with these considerations. No further

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change to this supplemental NPRM is provisions of paragraph (d) of this 793 airplanes of U.S. registry would be necessary regarding this issue. supplemental NPRM. affected by this supplemental NPRM. Request To Allow Alternative Finishes Request To Revise Description of Replacement of the hinge assemblies, Unsafe Condition if necessary, would take approximately One commenter prefers that the 5 work hours per airplane, at an average service bulletin avoid specifying the The manufacturer states that an labor rate of $65 per work hour. finish (for the primer or topcoat) to be escape slide released from its Required parts would cost used to conceal the flush rivets. Because compartment into the airplane interior approximately $1,569 per airplane. some operators may have already would not always automatically inflate. Based on these figures, the cost impact painted the container assemblies with The commenter requests that the of the proposed hinge replacement is an unspecified finish, the operator original NPRM be revised to imply only estimated to be $1,894 per airplane. suggests that the original NPRM be the potential for the slide to inflate—the The inspection, if necessary, would revised to specifically allow use of an slide ‘‘could,’’ rather than ‘‘would,’’ take approximately 1 to 3 work hours ‘‘equivalent’’ finish. automatically inflate. The original per airplane, at an average labor rate of The FAA does not agree. An NPRM refers to one incident of the $65 per work hour. Based on these ‘‘operator’s equivalent procedure’’ may escape slide inflating inside the figures, the cost impact of the proposed be used only if approved as an airplane; in that instance, the inspection is estimated to be $65 to alternative method of compliance commenter suggests that the severe $195 per airplane. (AMOC) in accordance with paragraph swerving motion of the airplane likely The cost impact figures discussed (d) of this supplemental NPRM. No caused the escape slide to move across above are based on assumptions that no change to this supplemental NPRM is the floor and inflate. The FAA infers operator has yet accomplished any of necessary regarding this issue. that the commenter requests that the the proposed requirements of this AD Request To Revise Reference to Service discussion of the unsafe condition action, and that no operator would Bulletin Figure identified in the original NPRM be accomplish those actions in the future if reworded accordingly. One operator suggests that Boeing this AD were not adopted. The cost Service Bulletin 737–25–1430 depicts The FAA agrees that the commenter’s impact figures discussed in AD the latch assembly in use before AD suggested wording is clearer than the rulemaking actions represent only the 2001–15–01 was issued. This latch wording in the Discussion section of the time necessary to perform the specific assembly, part number 65C19901–20, is original NPRM. Although this actions actually required by the AD. depicted in Figure 2, Sheet 2 of 6, of supplemental NPRM does not repeat These figures typically do not include that service bulletin. The commenter that section, the events associated with incidental costs, such as the time suggests this was an oversight, but the identified unsafe condition are required to gain access and close up, expresses concern about the potential clarified in the discussion under planning time, or time necessitated by confusion it may raise for other ‘‘Request to Withdraw the Proposed other administrative actions. AD.’’ operators. The FAA infers that the Regulatory Impact commenter requests that reference to Request To Revise Cost Estimate this figure be revised or removed from The regulations proposed herein the proposed AD. Several commenters report that the would not have a substantial direct The FAA agrees. As stated earlier, this price of the replacement parts has effect on the States, on the relationship supplemental NPRM has been revised to increased since the original NPRM was between the national Government and cite Revision 1 of the service bulletin, issued. The manufacturer has confirmed the States, or on the distribution of which includes the commenter’s that the current parts cost is $1,569. The power and responsibilities among the suggested change. Cost Impact section has been revised various levels of government. Therefore, accordingly in this supplemental it is determined that this proposal Request To Revise Part Reidentification NPRM. would not have federalism implications Method under Executive Order 13132. Additional Changes to the Original One commenter requests a revision of NPRM For the reasons discussed above, I the method of reidentification certify that this proposed regulation (1) (reidentifying the part number) In the original NPRM, the heading for is not a ‘‘significant regulatory action’’ specified in the original NPRM. The paragraph (b) is ‘‘Spare Parts.’’ In this under Executive Order 12866; (2) is not commenter doubts that the existing part supplemental NPRM, the heading for a ‘‘significant rule’’ under the DOT number would be present on all affected that paragraph (reidentified as Regulatory Policies and Procedures (44 escape slide covers, which may have paragraph (c)) has been renamed ‘‘Part FR 11034, February 26, 1979); and (3) if been subject to prior maintenance, Installation’’ to more accurately define promulgated, will not have a significant repair, or repainting. The commenter the proposed requirement. economic impact, positive or negative, suggests reidentifying the reworked Conclusion on a substantial number of small entities escape slide compartment by adding under the criteria of the Regulatory ‘‘SB 737–25–1430 Compliant’’ adjacent Since certain changes expand the Flexibility Act. A copy of the draft to any existing part numbers. scope of the original NPRM, the FAA regulatory evaluation prepared for this The FAA does not agree with the has determined that it is necessary to action is contained in the Rules Docket. request. Reidentification with the new reopen the comment period to provide A copy of it may be obtained by part number, as proposed in this additional opportunity for public contacting the Rules Docket at the supplemental NPRM, would ensure that comment. location provided under the caption the correct part number is installed. ADDRESSES. Cost Impact However, the FAA may consider List of Subjects in 14 CFR Part 39 requests for AMOCs if submitted with There are approximately 1,974 detailed procedures that would ensure airplanes of the affected design in the Air transportation, Aircraft, Aviation an acceptable level of safety, under the worldwide fleet. The FAA estimates that safety, Safety.

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The Proposed Amendment inspection area. This level of inspection is Administration (FAA), Transport made under normally available lighting Airplane Directorate, ANM–114, Accordingly, pursuant to the conditions such as daylight, hangar lighting, authority delegated to me by the Attention: Rules Docket No. 2002–NM– flashlight, or droplight and may require 137–AD, 1601 Lind Avenue, SW., Administrator, the Federal Aviation removal or opening of access panels or doors. Administration proposes to amend part Stands, ladders, or platforms may be required Renton, Washington 98055–4056. 39 of the Federal Aviation Regulations to gain proximity to the area being checked.’’ Comments may be inspected at this (14 CFR part 39) as follows: location between 9 a.m. and 3 p.m., Part Installation Monday through Friday, except Federal PART 39—AIRWORTHINESS (c) As of the effective date of this AD, no holidays. Comments may be submitted DIRECTIVES person may install a hinge assembly P/N via fax to (425) 227–1232. Comments 65C30431–6 or 65C30431–7 on any airplane. may also be sent via the Internet using 1. The authority citation for part 39 Alternative Methods of Compliance the following address: 9-anm- continues to read as follows: [email protected]. Comments sent (d) In accordance with 14 CFR 39.19, the Authority: 49 U.S.C. 106(g), 40113, 44701. Manager, Seattle Aircraft Certification Office, via fax or the Internet must contain ‘‘Docket No. 2002–NM–137–AD’’ in the § 39.13 [Amended] FAA, is authorized to approve alternative methods of compliance for this AD. subject line and need not be submitted 2. Section 39.13 is amended by in triplicate. Comments sent via the adding the following new airworthiness Issued in Renton, Washington, on September 15, 2003. Internet as attached electronic files must directive: be formatted in Microsoft Word 97 or Ali Bahrami, Boeing: Docket 2001–NM–88–AD. 2000 or ASCII text. Acting Manager, Transport Airplane Applicability: Model 737–300, –400, and The service information referenced in Directorate, Aircraft Certification Service. –500 series airplanes; certificated in any the proposed rule may be obtained from category; as listed in Boeing Special [FR Doc. 03–23936 Filed 9–18–03; 8:45 am] Airbus Industrie, 1 Rond Point Maurice Attention Service Bulletin 737–25–1430, BILLING CODE 4910–13–U Bellonte, 31707 Blagnac Cedex, France. Revision 1, dated April 10, 2003. This information may be examined at Compliance: Required as indicated, unless the FAA, Transport Airplane accomplished previously. DEPARTMENT OF TRANSPORTATION To prevent forward door escape slides from Directorate, 1601 Lind Avenue, SW., falling out of their compartments into the Federal Aviation Administration Renton, Washington. airplane interior and inflating, which could FOR FURTHER INFORMATION CONTACT: impede an evacuation in the event of 14 CFR Part 39 Todd Thompson, Aerospace Engineer, emergency, accomplish the following: International Branch, ANM–116, FAA, Hinge Assembly Replacement [Docket No. 2002–NM–137–AD] Transport Airplane Directorate, 1601 (a) For airplanes on which the hinge RIN 2120–AA64 Lind Avenue, SW., Renton, Washington assemblies have not been replaced as of the 98055–4056; telephone (425) 227–1175; effective date of this AD in accordance with Airworthiness Directives; Airbus Model fax (425) 227–1149. Boeing Special Attention Service Bulletin A300 B4–622R and A300 F4–622R SUPPLEMENTARY INFORMATION: 737–25–1430, dated February 22, 2001: Airplanes, and Model A310–324 and Within 36 months after the effective date of –325 Series Airplanes Comments Invited this AD, replace the hinge assemblies on the escape slide stowage compartments of the Interested persons are invited to AGENCY: Federal Aviation participate in the making of the forward doors with new, stronger hinge Administration, DOT. assemblies, in accordance with Part 1 of the proposed rule by submitting such Accomplishment Instructions of Boeing ACTION: Notice of proposed rulemaking written data, views, or arguments as Special Attention Service Bulletin 737–25– (NPRM). they may desire. Communications shall 1430, Revision 1, dated April 10, 2003. identify the Rules Docket number and SUMMARY: This document proposes the Hinge Assembly Inspection be submitted in triplicate to the address adoption of a new airworthiness specified above. All communications (b) For airplanes on which the hinge directive (AD) that is applicable to assemblies were replaced before the effective received on or before the closing date certain Airbus Model A300 B4–622R for comments, specified above, will be date of this AD in accordance with Boeing and A300 F4–622R airplanes, and Special Attention Service Bulletin 737–25– considered before taking action on the Model A310–324 and –325 series 1430, dated February 22, 2001: Within 36 proposed rule. The proposals contained months after the effective date of this AD, airplanes, that are equipped with Pratt in this action may be changed in light perform a general visual inspection for & Whitney PW4000 series engines. This of the comments received. incorrectly crimped hinge assemblies, in proposal would require replacement of Submit comments using the following accordance with Part 2 of the the existing flexible hose assembly that format: Accomplishment Instructions of Boeing connects the oil pressure transmitter to • Special Attention Service Bulletin 737–25– Organize comments issue-by-issue. the main oil circuit, with a new For example, discuss a request to 1430, Revision 1, dated April 10, 2003. If any improved tube assembly. This action is hinge assembly is not correctly crimped, change the compliance time and a necessary to prevent failure of the oil perform corrective action before further flight request to change the service bulletin in accordance with Revision 1 of the service pressure indicator and low-oil-pressure reference as two separate issues. bulletin. warning in the event of an engine fire, • For each issue, state what specific Note 1: For the purposes of this AD, a which could result in an unannounced change to the proposed AD is being general visual inspection is defined as: ‘‘A shutdown of the engine. This action is requested. visual examination of an interior or exterior intended to address the identified • Include justification (e.g., reasons or area, installation, or assembly to detect unsafe condition. data) for each request. obvious damage, failure, or irregularity. This DATES: Comments must be received by level of inspection is made from within Comments are specifically invited on touching distance unless otherwise specified. October 20, 2003. the overall regulatory, economic, A mirror may be necessary to enhance visual ADDRESSES: Submit comments in environmental, and energy aspects of access to all exposed surfaces in the triplicate to the Federal Aviation the proposed rule. All comments

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submitted will be available, both before describe procedures for performing a Change to Labor Rate Estimate and after the closing date for comments, test of the engine oil system after the We have reviewed the figures we have in the Rules Docket for examination by replacement, which includes testing the used over the past several years to interested persons. A report tube and connectors of the new calculate AD costs to operators. To summarizing each FAA-public contact improved tube assembly for a leak or a account for various inflationary costs in concerned with the substance of this loose connection. Accomplishment of the airline industry, we find it necessary proposal will be filed in the Rules the actions specified in the applicable to increase the labor rate used in these Docket. service bulletin is intended to calculations from $60 per work hour to Commenters wishing the FAA to adequately address the identified unsafe acknowledge receipt of their comments $65 per work hour. The cost impact condition. The DGAC classified these information, below, reflects this submitted in response to this action service bulletins as mandatory and must submit a self-addressed, stamped increase in the specified hourly labor issued French airworthiness directive rate. postcard on which the following 2002–173(B), dated April 3, 2002, to statement is made: ‘‘Comments to ensure the continued airworthiness of Cost Impact Docket Number 2002–NM–137–AD.’’ these airplanes in France. The FAA estimates that 139 airplanes The postcard will be date stamped and of U.S. registry would be affected by this returned to the commenter. The Airbus service bulletins refer to Pratt & Whitney Alert Service Bulletin proposed AD, that it would take Availability of NPRMs PW4NAC A79–21, dated October 15, approximately 10 work hours per Any person may obtain a copy of this 2001, as an additional source of service airplane to accomplish the proposed NPRM by submitting a request to the information for the replacement of the actions, and that the average labor rate FAA, Transport Airplane Directorate, flexible hose assembly with a new is $65 per work hour. Required parts ANM–114, Attention: Rules Docket No. improved tube assembly. would be provided by the manufacturer 2002–NM–137–AD, 1601 Lind Avenue, at no charge. Based on these figures, the SW., Renton, Washington 98055–4056. FAA’s Conclusions cost impact of the proposed AD on U.S. operators is estimated to be $90,350, or Discussion These airplane models are $650 per airplane. The Direction Ge´ne´rale de l’Aviation manufactured in France and are type The cost impact figure discussed Civile (DGAC), which is the certificated for operation in the United above is based on assumptions that no airworthiness authority for France, States under the provisions of § 21.29 of operator has yet accomplished any of notified the FAA that an unsafe the Federal Aviation Regulations (14 the proposed requirements of this AD condition may exist on certain Airbus CFR 21.29) and the applicable bilateral action, and that no operator would Model A300 B4–622R and A300 F4– airworthiness agreement. Pursuant to accomplish those actions in the future if 622R airplanes, and Model A310–324 this bilateral airworthiness agreement, this AD were not adopted. The cost and –325 series airplanes, that are the DGAC has kept the FAA informed impact figures discussed in AD equipped with Pratt & Whitney PW4000 of the situation described above. The rulemaking actions represent only the series engines. The DGAC advises that FAA has examined the findings of the time necessary to perform the specific the flexible hose assembly that connects DGAC, reviewed all available actions actually required by the AD. the oil pressure transmitter to the main information, and determined that AD These figures typically do not include oil circuit on Pratt & Whitney PW4000 action is necessary for products of this incidental costs, such as the time series engines is not compliant with type design that are certificated for required to gain access and close up, requirements for fireproofing. An oil operation in the United States. planning time, or time necessitated by line in this location should have zero- other administrative actions. Explanation of Requirements of flow fireproofing, but the flexible hose Proposed Rule Regulatory Impact assembly currently installed provides only low-flow fireproofing. This Since an unsafe condition has been The regulations proposed herein would not have a substantial direct condition, if not corrected, could result identified that is likely to exist or effect on the States, on the relationship in failure of the oil pressure indicator develop on other airplanes of the same between the national Government and and low-oil-pressure warning in the type design registered in the United the States, or on the distribution of event of an engine fire, which could States, the proposed AD would require power and responsibilities among the result in an unannounced shutdown of accomplishment of the actions specified the engine. various levels of government. Therefore, in the applicable Airbus service bulletin it is determined that this proposal Explanation of Relevant Service described previously. would not have federalism implications Information Changes to 14 CFR Part 39/Effect on the under Executive Order 13132. Airbus has issued Service Bulletins Proposed AD For the reasons discussed above, I A300–79–6003 (for Model A300 B4– certify that this proposed regulation (1) 622R and A300 F4–622R airplanes) and On July 10, 2002, the FAA issued a is not a ‘‘significant regulatory action’’ A310–79–2004 (for Model A310–324 new version of 14 CFR part 39 (67 FR under Executive Order 12866; (2) is not and –325 series airplanes), both dated 47997, July 22, 2002), which governs the a ‘‘significant rule’’ under the DOT January 31, 2002. Those service FAA’s airworthiness directives system. Regulatory Policies and Procedures (44 bulletins describe procedures for The regulation now includes material FR 11034, February 26, 1979); and (3) if replacement of the existing flexible hose that relates to altered products, special promulgated, will not have a significant assembly that connects the oil pressure flight permits, and alternative methods economic impact, positive or negative, transmitter to the main oil circuit, with of compliance (AMOCs). Because we on a substantial number of small entities a new improved tube assembly. Among have now included this material in part under the criteria of the Regulatory other benefits, the new improved tube 39, only the office authorized to approve Flexibility Act. A copy of the draft assembly meets zero-flow fireproofing AMOCs is identified in each individual regulatory evaluation prepared for this requirements. The service bulletins also AD. action is contained in the Rules Docket.

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A copy of it may be obtained by FAA, Transport Airplane Directorate, is Monday through Friday, except Federal contacting the Rules Docket at the authorized to approve alternative methods of holidays. Comments may be submitted location provided under the caption compliance for this AD. via fax to (425) 227–1232. Comments ADDRESSES. Note 2: The subject of this AD is addressed may also be sent via the Internet using in French airworthiness directive 2002– the following address: 9-anm- List of Subjects in 14 CFR Part 39 173(B), dated April 3, 2002. [email protected]. Comments sent Air transportation, Aircraft, Aviation Issued in Renton, Washington, on via fax or the Internet must contain safety, Safety. September 10, 2003. ‘‘Docket No. 2000–NM–360–AD’’ in the The Proposed Amendment Ali Bahrami, subject line and need not be submitted Acting Manager, Transport Airplane in triplicate. Comments sent via the Accordingly, pursuant to the Directorate, Aircraft Certification Service. Internet as attached electronic files must authority delegated to me by the [FR Doc. 03–23935 Filed 9–18–03; 8:45 am] be formatted in Microsoft Word 97 or Administrator, the Federal Aviation BILLING CODE 4910–13–P 2000 or ASCII text. Administration proposes to amend part The service information referenced in 39 of the Federal Aviation Regulations the proposed rule may be obtained from (14 CFR part 39) as follows: DEPARTMENT OF TRANSPORTATION Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington PART 39—AIRWORTHINESS Federal Aviation Administration 98124–2207. This information may be DIRECTIVES examined at the FAA, Transport 1. The authority citation for part 39 14 CFR Part 39 Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. continues to read as follows: [Docket No. 2000–NM–360–AD] Authority: 49 U.S.C. 106(g), 40113, 44701. FOR FURTHER INFORMATION CONTACT: RIN 2120–AA64 Jeffrey S. Palmer, Aerospace Engineer, § 39.13 [Amended] Systems and Equipment Branch, ANM– Airworthiness Directives; Boeing 2. Section 39.13 is amended by 130S, FAA, Seattle Aircraft Certification Model 747–400, 777–200, and 777–300 adding the following new airworthiness Office, 1601 Lind Avenue, SW., Renton, Series Airplanes directive: Washington 98055–4056; telephone (425) 917–6481; fax (425) 917–6590. Airbus: Docket 2002–NM–137–AD. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Applicability: Model A300 B4–622R and Administration, DOT. A300 F4–622R airplanes, and Model A310– ACTION: Notice of proposed rulemaking Comments Invited 324 and –325 series airplanes, equipped with (NPRM). Pratt & Whitney PW4000 series engines; Interested persons are invited to certificated in any category; except those on SUMMARY: This document proposes the participate in the making of the which Airbus Modification 12468 has been adoption of a new airworthiness proposed rule by submitting such accomplished in production. directive (AD) that is applicable to written data, views, or arguments as Compliance: Required as indicated, unless certain Boeing Model 747–400, 777– they may desire. Communications shall accomplished previously. 200, and 777–300 series airplanes. This identify the Rules Docket number and To prevent failure of the oil pressure proposal would require, for certain be submitted in triplicate to the address indicator and low-oil-pressure warning in the airplanes, replacement of the cell stack specified above. All communications event of an engine fire, which could result in received on or before the closing date an unannounced shutdown of the engine, of the flight deck humidifier with a accomplish the following: supplier-tested cell stack, or for comments, specified above, will be replacement with an end plate and considered before taking action on the Replacement subsequent deactivation of the flight proposed rule. The proposals contained (a) Within 8 months after the effective date deck humidifier. For other airplanes, in this action may be changed in light of this AD, replace the existing flexible hose this proposal would require of the comments received. assembly, part number (P/N) 113286, that replacement of the cell stack with a Submit comments using the following connects the oil pressure transmitter to the blanking plate or a new cell stack, or format: main oil circuit, with a new improved tube • Organize comments issue-by-issue. assembly, P/N 221–5318–501. Before further replacement of the blanking plate with a supplier-tested cell stack. This action For example, discuss a request to flight after the replacement, perform a test of change the compliance time and a the engine oil system. Do these actions is necessary to prevent an increased according to the Accomplishment pressure drop across the humidifier and request to change the service bulletin reference as two separate issues. Instructions of the service bulletin specified consequent reduced airflow to the flight • in paragraph (a)(1) or (a)(2) of this AD, as deck, which could result in the inability For each issue, state what specific applicable. to clear any smoke that might appear in change to the proposed AD is being (1) For Model A300 B4–622R and A300 the flight deck. This action is intended requested. F4–622R airplanes: Airbus Service Bulletin • Include justification (e.g., reasons or to address the identified unsafe A300–79–6003, dated January 31, 2002. data) for each request. (2) For Model A310–324 and –325 series condition. Comments are specifically invited on airplanes: Airbus Service Bulletin A310–79– DATES: Comments must be received by the overall regulatory, economic, 2004, dated January 31, 2002. November 3, 2003. environmental, and energy aspects of Note 1: Airbus Service Bulletins A300–79– ADDRESSES: Submit comments in the proposed rule. All comments 6003 and A310–79–2004 refer to Pratt & triplicate to the Federal Aviation submitted will be available, both before Whitney Alert Service Bulletin PW4NAC Administration (FAA), Transport and after the closing date for comments, A79–21, dated October 15, 2001, as an additional source of service information for Airplane Directorate, ANM–114, in the Rules Docket for examination by the replacement required by this AD. Attention: Rules Docket No. 2000–NM– interested persons. A report 360–AD, 1601 Lind Avenue, SW., summarizing each FAA-public contact Alternative Methods of Compliance Renton, Washington 98055–4056. concerned with the substance of this (b) In accordance with 14 CFR 39.19, the Comments may be inspected at this proposal will be filed in the Rules Manager, International Branch, ANM–116, location between 9 a.m. and 3 p.m., Docket.

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Commenters wishing the FAA to stack of the flight deck humidifier with Differences Between Proposed AD and acknowledge receipt of their comments a new or reworked cell stack, or Service Bulletins submitted in response to this action replacement with an end plate and Boeing Service Bulletins 747– must submit a self-addressed, stamped subsequent deactivation of the flight 21A2414 and 777–21A0048 recommend postcard on which the following deck humidifier. Service Bulletin 777– replacing the cell stack within 60 days; statement is made: ‘‘Comments to 21A0048 describes procedures for the proposed AD would allow up to 90 Docket Number 2000–NM–360–AD.’’ replacement of the cell stack with a days. In developing an appropriate The postcard will be date stamped and blanking plate or a supplier-tested cell compliance time, we considered the returned to the commenter. stack, or replacement of the blanking safety implications and operators’ Availability of NPRMs plate with a supplier-tested cell stack. normal maintenance schedules for the Any person may obtain a copy of this Accomplishment of the actions timely replacement of the cell stack. NPRM by submitting a request to the specified in the service bulletins is Therefore, with manufacturer FAA, Transport Airplane Directorate, intended to adequately address the concurrence, we have determined that ANM–114, Attention: Rules Docket No. identified unsafe condition. the proposed 90-day compliance time 2000–NM–360–AD, 1601 Lind Avenue, Boeing Service Bulletins 747– represents an appropriate interval to SW., Renton, Washington 98055–4056. 21A2414 and 777–21A0048 refer to replace the cell stack and still maintain an adequate level of safety within the Hamilton Sundstrand Service Bulletins Discussion fleet. 821486–21–01 and 816086–21–01, The FAA has received reports of respectively (both dated March 15, Explanation of Certain Alternative sagging cell stack membranes of the 2000), as additional sources of service Method of Compliance flight deck humidifiers on certain Boeing Model 747–400, 777–200, and information for replacement of the cell Paragraph (c)(1) of this proposed AD 777–300 series airplanes. The sagging stack. would allow replacement of the cell has been attributed to difficulties Boeing Service Bulletin 747–21A2414 stack with a blanking plate provided the encountered during the membrane also refers to Boeing Service Bulletin humidifier system is deactivated. The welding process. The result of the 747–21–2405, which provides service bulletin provides no procedures sagging membranes is an increased information for activation and for deactivating the humidifier system. pressure drop across the humidifier (if deactivation of the flight deck Therefore, this option must be done in it is activated), and consequent reduced humidifier. Boeing Service Bulletin accordance with a method approved by airflow to the flight deck. These 777–21A0048 refers to Boeing Service the FAA, or per data meeting the type conditions, if not corrected, could result Bulletin 777–21–0035, which provides certification basis of the airplane in the inability to clear any smoke that information for activation of the approved by a Boeing Company might appear in the flight deck. flightdeck humidifier. Designated Engineering Representative who has been authorized by the FAA to Explanation of Relevant Service Explanation of Requirements of make such findings. Information Proposed Rule We have reviewed and approved Cost Impact Boeing Alert Service Bulletin 747– Since an unsafe condition has been There are approximately 35 airplanes 21A2414, Revision 1, dated October 26, identified that is likely to exist or of the affected design in the worldwide 2000 (for Model 747–400 series develop on other products of this same fleet. The FAA estimates that 12 airplanes), and Boeing Service Bulletin type design, the proposed AD would airplanes of U.S. registry would be 777–21A0048, Revision 1, dated require accomplishment of the actions affected by this proposed AD. The FAA September 7, 2000 (for Model 777–200 specified in Boeing Service Bulletins provides the following cost estimates, and 777–300 series airplanes). Service 747–21A2414 and 777–21A0048, which would vary depending on the Bulletin 747–21A2414 describes described previously, except as actions chosen by the operator, to procedures for replacement of the cell discussed below. comply with this proposed AD.

Work Hourly Cost per Model/series Action hours rate Parts cost airplane

747–400 ...... Replace cell stack with supplier-tested cell stack ...... 5 $65 $5,100 $5,425 747–400 ...... Replace cell stack with end plate and deactivate humidifier ...... 6 65 0 390 777–200 ...... Replace cell stack with blanking plate ...... 5 65 0 325 777–300 777–200 ...... Replace cell stack with supplier-tested cell stack ...... 5 65 6,053 6,378 777–300 777–200 ...... Replace blanking plate with supplier-tested cell stack ...... 3 65 6,053 6,248 777–300

The cost impact figures discussed rulemaking actions represent only the Regulatory Impact above are based on assumptions that no time necessary to perform the specific operator has yet accomplished any of actions actually required by the AD. The regulations proposed herein the proposed requirements of this AD These figures typically do not include would not have a substantial direct action, and that no operator would incidental costs, such as the time effect on the States, on the relationship accomplish those actions in the future if required to gain access and close up, between the national Government and this proposed AD were not adopted. The planning time, or time necessitated by the States, or on the distribution of cost impact figures discussed in AD other administrative actions. power and responsibilities among the various levels of government. Therefore,

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it is determined that this proposal Service Bulletin 747–21A2414, Revision 1, approve alternative methods of compliance would not have federalism implications dated October 26, 2000. for this AD. (2) Replace the cell stack with an end plate under Executive Order 13132. Issued in Renton, Washington, on and before further flight deactivate the flight For the reasons discussed above, I September 15, 2003. deck humidifier, in accordance with Part 2 of certify that this proposed regulation (1) the alert service bulletin. Replacement of the Ali Bahrami, is not a ‘‘significant regulatory action’’ cell stack with a supplier-tested cell stack in Acting Manager, Transport Airplane under Executive Order 12866; (2) is not accordance with the 4 requirements of Directorate, Aircraft Certification Service. a ‘‘significant rule’’ under the DOT paragraph (a)(1) of this AD, if accomplished, [FR Doc. 03–23934 Filed 9–18–03; 8:45 am] terminates the requirement to deactivate the Regulatory Policies and Procedures (44 BILLING CODE 4910–13–P FR 11034, February 26, 1979); and (3) if humidifier. promulgated, will not have a significant Note 1: Boeing Alert Service Bulletin 747– economic impact, positive or negative, 21A2414 refers to Boeing Service Bulletin 747–21–2405 as an additional source of on a substantial number of small entities DEPARTMENT OF THE TREASURY under the criteria of the Regulatory service information for deactivating the humidifier. Flexibility Act. A copy of the draft Internal Revenue Service regulatory evaluation prepared for this (b) Replacement of the cell stack before the effective date of this AD in accordance with action is contained in the Rules Docket. Boeing Alert Service Bulletin 747–21A2414, 26 CFR Part 1 A copy of it may be obtained by dated April 13, 2000, is acceptable for contacting the Rules Docket at the compliance with the applicable requirements [REG–112039–03] location provided under the caption of paragraph (a) of this AD. ADDRESSES. Cell Stack Replacement: Model 777–200 and RIN 1545–BC35 List of Subjects in 14 CFR Part 39 –300 Elimination of Forms of Distribution in Air transportation, Aircraft, Aviation (c) For Model 777–200 and 777–300 series airplanes: Within 90 days after the effective Defined Contribution Plans safety, Safety. date of this AD, do the actions specified in The Proposed Amendment paragraph (c)(1) or (c)(2) or (c)(3) of this AD, AGENCY: Internal Revenue Service (IRS), in accordance with Boeing Service Bulletin Treasury. Accordingly, pursuant to the 777–21A0048, Revision 1, dated September authority delegated to me by the 7, 2000. ACTION: Correction to notice of proposed Administrator, the Federal Aviation (1) Replace the cell stack with a blanking rulemaking. Administration proposes to amend part plate, in accordance with Part 1 of the service 39 of the Federal Aviation Regulations bulletin; and deactivate the humidifier SUMMARY: This document contains a (14 CFR part 39) as follows: system before further flight in accordance correction to proposed regulations that with a method approved by the Manager, was published in the Federal Register PART 39—AIRWORTHINESS Seattle Aircraft Certification Office (ACO), on July 8, 2003 (68 FR 40581). This FAA; or per data meeting the type DIRECTIVES certification basis of the airplane approved regulation modifies the circumstances under which certain forms of 1. The authority citation for part 39 by a Boeing Company Designated Engineering Representative who has been distribution previously available are continues to read as follows: authorized by the Manager, Seattle ACO, to permitted to be eliminated from Authority: 49 U.S.C. 106(g), 40113, 44701. make such findings. For a deactivation qualified defined contribution plans. method to be approved, the approval must § 39.13 [Amended] specifically reference this AD. FOR FURTHER INFORMATION CONTACT: 2. Section 39.13 is amended by (2) Replace the cell stack with a supplier- Vernon S. Carter, (202) 622–6060 (not a adding the following new airworthiness tested cell stack, in accordance with Part 2 toll free number). directive: of the service bulletin. (3) Replace the blanking plate with a SUPPLEMENTARY INFORMATION: Boeing: Docket 2000–NM–360–AD. supplier-tested cell stack, in accordance with Background Applicability: Model 747–400 series Part 3 of the service bulletin. airplanes listed in Boeing Alert Service Note 2: Boeing Service Bulletins 747– The proposed regulations that are the Bulletin 747–21A2414, Revision 1, dated 21A2414 and 777–21A0048 refer to Hamilton subject of this correction are under October 26, 2000; and Model 777–200 and Sundstrand Service Bulletins 821486–21–01 section 411 of the Internal Revenue –300 series airplanes listed in Boeing Service and 816086–21–01, respectively, as Code. Bulletin 777–21A0048, Revision 1, dated additional sources of service information for September 7, 2000; certificated in any the cell stack replacement. Need for Correction category. Compliance: Required as indicated, unless Part Installation As published, the notice of proposed accomplished previously. (d) On Model 747–400 series airplanes: As rulemaking contains errors that may To prevent an increased pressure drop of the effective date of this AD, no person prove to be misleading and is in need across the humidifier and consequent may install a flight deck humidifier cell stack of clarification. reduced airflow to the flight deck, which having part number (P/N) 821482–1, unless could result in the inability to clear any ‘‘DEV 13433’’ is also marked next to the cell Correction of Publication smoke that might appear in the flight deck, stack part number. accomplish the following: (e) On Model 777–200 and 777–300 series Accordingly, the publication of the airplanes: As of the effective date of this AD, notice of proposed rulemaking (REG– Cell Stack Replacement: Model 747–400 no person may install a flight deck 112039–03), which were the subject of (a) For Model 747–400 series airplanes: dehumidifier cell stack having P/N 822976– FR Doc. 03–17089, is corrected as Within 90 days after the effective date of this 2, unless ‘‘DEV 13433’’ is also marked next follows: AD, do the actions specified in either to the cell stack part number. paragraph (a)(1) or (a)(2) of this AD. On page 40581, column 3, in the (1) Replace the cell stack of the flight deck Alternative Methods of Compliance preamble under the caption SUMMARY, humidifier with a supplier-tested cell stack, (f) In accordance with 14 CFR 39.19, the lines nine through thirteen, the language in accordance with Part 1 of Boeing Alert Manager, Seattle ACO, FAA, is authorized to ‘‘This document also provides notice of

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a public hearing on these proposed ADDRESSES: The proposed BFEs for each Consideration. No environmental regulations.’’ is removed. community are available for inspection impact assessment has been prepared. at the office of the Chief Executive Regulatory Flexibility Act. The Cynthia E. Grigsby, Officer of each community. The Mitigation Division Director of the Acting Chief, Publications and Regulations respective addresses are listed in the Emergency Preparedness and Response Branch, Legal Processing Division, Associate Chief Counsel (Procedures and table below. Directorate certifies that this rule is exempt from the requirements of the Administration). FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act because [FR Doc. 03–23981 Filed 9–18–03; 8:45 am] Doug Bellomo, Federal Emergency modified base flood elevations are BILLING CODE 4830–01–P Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2903. required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, SUPPLEMENTARY INFORMATION: The and are required to maintain community DEPARTMENT OF HOMELAND Federal Emergency Management Agency eligibility in the NFIP. No regulatory SECURITY makes the final determinations listed flexibility analysis has been prepared. below for the modified BFEs for each Regulatory Classification. This Federal Emergency Management community listed. These modified proposed rule is not a significant Agency elevations have been published in regulatory action under the criteria of newspapers of local circulation and Section 3(f) of Executive Order 12866 of 44 CFR Part 67 ninety (90) days have elapsed since that September 30, 1993, Regulatory publication. The Mitigation Division Planning and Review, 58 FR 51735. [Docket No. FEMA–P–7637] Director of the Emergency Preparedness Executive Order 12612, Federalism. and Response Directorate has resolved Proposed Flood Elevation This proposed rule involves no policies any appeals resulting from this Determinations that have federalism implications under notification. Executive Order 12612, Federalism, AGENCY: Federal Emergency These proposed BFEs and modified dated October 26, 1987. Management Agency, Emergency BFEs, together with the floodplain Executive Order 12778, Civil Justice Preparedness and Response Directorate, management criteria required by 44 CFR Reform. This proposed rule meets the Department of Homeland Security. 60.3, are the minimum that are required. applicable standards of Section 2(b)(2) ACTION: Proposed rule. They should not be construed to mean of Executive Order 12778. that the community must change any List of Subjects in 44 CFR Part 67 SUMMARY: Technical information or existing ordinances that are more comments are requested on the stringent in their floodplain Administrative practice and proposed Base (1% annual-chance) management requirements. The procedure, flood insurance, reporting Flood Elevations (BFEs) and proposed community may at any time enact and record keeping requirements. BFE modifications for the communities stricter requirements of its own, or Accordingly, 44 CFR Part 67 is listed below. The BFEs and modified pursuant to policies established by other proposed to be amended as follows: BFEs are the basis for the floodplain Federal, State, or regional entities. management measures that the These proposed elevations are used to PART 67—[AMENDED] community is required either to adopt meet the floodplain management or to show evidence of being already in 1. The authority citation for Part 67 requirements of the NFIP and are also continues to read as follows: effect in order to qualify or remain used to calculate the appropriate flood qualified for participation in the insurance premium rates for new Authority: 42 U.S.C. 4001 et seq.; National Flood Insurance Program buildings built after these elevations are Reorganization Plan No. 3 of 1978, 3 CFR, (NFIP). 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, made final, and for the contents in these 3 CFR, 1979 Comp., p. 376. DATES: The comment period is ninety buildings. (90) days following the second National Environmental Policy Act. § 67.4 [Amended] publication of this proposed rule in a This proposed rule is categorically 2. The tables published under the newspaper of local circulation in each excluded from the requirements of 44 authority of § 67.4 are proposed to be community. CFR Part 10, Environmental amended as follows:

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location *(NGVD) ♦(NAVD) Existing Modified

Minnesota ...... Jackson (City), West Fork Des Moines At the corporate limit, approximately *1,306 *1,304 Jackson County. River. 2,000 feet downstream of the con- fluence of Nelson Creek. At the corporate limit, about 3,200 feet *1,315 *1,314 downstream of Interstate 90. Maps are available for inspection at City Hall, 80 West Ashley Street, Jackson, Minnesota. Send comments to The Honorable Dean Albrecht, City Administrator, City of Jackson, City Hall, 80 West Ashley Street, Jackson, Minnesota 56143.

Ohio ...... Bentleyville (Vil- Aurora Branch ...... Approximately 1,500 feet upstream of the *828 *833 lage), Cuyahoga mouth. County.

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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location *(NGVD) ♦(NAVD) Existing Modified

At the corporate limits, approximately *892 *893 1,700 feet upstream of the Norfolk Southern Railroad bridge. Chagrin River ...... At the corporate limits, approximately 700 *821 *823 feet downstream of Miles Road. Chagrin River ...... At at the corporate limits, approximately *836 *838 4,550 feet upstream of the confluence of Aurora Branch. Tributary 2 ...... At the mouth ...... *883 *889 Approximately 140 feet downstream of *888 *889 Liberty Road. Maps are available for inspection at the Bentleyville Village Hall, 6253 Chagrin River Road, Bentleyville, Ohio. Send comments to The Honorable Michael R. Canty, Mayor, Village of Bentleyville, 6253 Chagrin River Road, Bentleyville, Ohio 44022.

(Catalog of Federal Domestic Assistance No. change of community of license would SUMMARY: This document requests 83.100, ‘‘Flood Insurance.’’) not serve the public interest, and comments on a petition for rulemaking Dated: September 10, 2003. terminates the proceeding. filed by Amigo Radio, Ltd. requesting Anthony S. Lowe, ADDRESSES: Federal Communications the substitution of Channel 285A for Mitigation Division Director, Emergency Commission, Washington, DC 20554. Channel 285C2 at Marble Falls, TX, Preparedness and Response Directorate. reallotment of Channel 285A from FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–23989 Filed 9–18–03; 8:45 am] Deborah A. Dupont, Media Bureau (202) Marble Falls, TX to Dripping Springs, BILLING CODE 6718–04–P 418–7072. TX, and modification of the license for Station KXXS to specify operation at SUPPLEMENTARY INFORMATION: This is a Dripping Springs.1 Channel 285A can be synopsis of the Commission’s Report allotted to Dripping Springs at FEDERAL COMMUNICATIONS and Order, MB Docket No. 00–64, COMMISSION coordinates 30–11–54 and 98–00–46. adopted September 3, 2003, and Mexican concurrence will be requested released September 5, 2003. The full 47 CFR Part 73 for the allotment of Channel 285A at text of this Commission decision is Dripping Springs. In accordance with [DA 03–2716, MM Docket No. 00–64, RM– available for inspection and copying the provisions of Section 1.420(i) of the 9117] during normal business hours in the Commission’s Rules, we shall not accept FCC Reference Information Center competing expressions of interest for the Radio Broadcasting Services; (Room CY–A257), 445 12th Street, SW., Madison, Alabama and Tullahoma, TN use of Channel 285A at Dripping Washington, DC. The complete text of Springs. this decision may also be purchased AGENCY: Federal Communications DATES: Comments must be filed on or from the Commission’s copy contractor, Commission. before October 30, 2003, and reply Qualex International, Portals II, 445 ACTION: Proposed rule; denial. comments on or before November 14, 12th Street, SW., Room CY–B402, 2003. SUMMARY: This document denies a Washington, DC 20554, telephone (202) pending petition for rulemaking 863–2893, facsimile (202) 863–2898, or ADDRESSES: Federal Communications proposing the reallotment of Channel via e-mail [email protected]. Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to 227C1 from Tullahoma, Tennessee to Federal Communications Commission. Madison, Alabama, and the filing comments with the FCC, John A. Karousos, interested parties should serve the modification of the Station WUSX(FM) Assistant Chief, Audio Division, Media license accordingly. The Audio Division petitioner’s counsel, as follows: Robert Bureau. B. Jacobi, Richard A. Helmick, Cohn and had requested comment on a petition [FR Doc. 03–23924 Filed 9–18–03; 8:45 am] filed by Tennessee Valley Radio, Inc. Marks LLP, 1920 N Street, NW., Suite BILLING CODE 6712–01–P proposing the reallotment of Channel 300, Washington, DC 20036. 227C1. See 65 FR 20,935, April 19, FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Media Bureau, 2000. The petitioner subsequently FEDERAL COMMUNICATIONS (202) 418–2180. amended its proposal in reply COMMISSION comments, asking that Channel 227C1 SUPPLEMENTARY INFORMATION: This is a be removed from Tullahoma, Tennessee, 47 CFR Part 73 synopsis of the Commission’s Notice of and that Channel 227C2 be allotted at Proposed Rule Making, MB Docket No. Madison, Alabama. In its reply [DA 03–2828; MB Docket No. 03–195; RM– 03–195, adopted September 3, 2003, and comments, petitioner also revised the 10745] released September 8, 2003. The full proposed reference coordinates for the text of this Commission decision is new allotment at Madison, Alabama. Radio Broadcasting Services; Dripping available for inspection and copying The revised reference coordinates are Springs and Marble Falls, TX 34–50–20 North Latitude and 86–30–53 1 On August 4, 2003, a CFR correction was AGENCY: Federal Communications published in the Federal Register correcting the FM West Longitude. This document denies Commission. Table of Allotments under Texas listing the the petition, based upon the conclusion ACTION: Proposed rule. community of Marble Falls and Channel 285C2. See that the proposed reallotment and 68 FR 45786, August 4, 2003.

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during normal business hours in the SUMMARY: This document requests For information regarding proper FCC’s Reference Information Center at comments on a petition for rulemaking filing procedures for comments, see 47 Portals II, CY-A257, 445 Twelfth Street, filed by Cox Radio, Inc. and CXR CFR 1.415 and 1.420. SW., Washington, DC. This document Holdings, Inc. requesting the List of Subjects in 47 CFR Part 73 may also be purchased from the reallotment of Channel 238C1 from Commission’s duplicating contractors, Athens, Georgia to Doraville, Georgia, as Radio, Radio broadcasting. Qualex International, Portals II, 445 the community’s first local aural For the reasons discussed in the 12th Street, SW., Room CY–B402, transmission service, and modification preamble, the Federal Communications Washington, DC 20554, telephone 202– of the license for Station WBTS to Commission proposes to amend 47 CFR 863–2893, or via e-mail reflect the changes. Channel 238C1 can part 73 as follows: [email protected] be allotted to Doraville at coordinates Provisions of the Regulatory 34–07–32 and 83–51–32. The proposal PART 73—RADIO BROADCAST Flexibility Act of l980 do not apply to complies with the provisions of Section SERVICES this proceeding. 1.420(i) of the Commission’s Rules, and 1. The authority citation for part 73 Members of the public should note therefore, the Commission will not continues to read as follows: that from the time a Notice of Proposed accept competing expressions of interest Rule Making is issued until the matter in the use of Channel 238C1 at Authority: 47 U.S.C. 154, 303, 334 and 336. is no longer subject to Commission Doraville, Georgia. § 73.202 [Amended] consideration or court review, all ex parte contacts are prohibited in DATES: Comments must be filed on or 2. Section 73.202(b), the Table of FM Commission proceedings, such as this before October 27, 2003, and reply Allotments under Georgia, is amended one, which involve channel allotments. comments on or before November 12, by removing Channel 238C at Athens See 47 CFR 1.1204(b) for rules 2003. and by adding Doraville, Channel 238C1. governing permissible ex parte contacts. ADDRESSES: Office of the Secretary, For information regarding proper Federal Communications Commission, Federal Communications Commission. filing procedures for comments, see 47 445 Twelfth Street SW., Room TW- John A. Karousos, CFR 1.415 and 1.420. A325, Washington, DC 20554. In Assistant Chief, Audio Division, Media List of Subjects in 47 CFR Part 73 addition to filing comments with the Bureau. [FR Doc. 03–23998 Filed 9–18–03; 8:45 am] Radio, Radio broadcasting. FCC, interested parties should serve the petitioner’s counsel, as follows: Kevin F. BILLING CODE 6712–01–P For the reasons discussed in the Reed, Dow, Lohnes & Albertson, PLLC, preamble, the Federal Communications 1200 New Hampshire Avenue NW., Commission proposes to amend 47 CFR Suite 800, Washington, DC 20036. DEPARTMENT OF TRANSPORTATION Part 73 as follows: FOR FURTHER INFORMATION CONTACT: National Highway Traffic Safety PART 73—RADIO BROADCAST Kathleen Scheuerle, Media Bureau, Administration SERVICES (202) 418–2180. 1. The authority citation for Part 73 SUPPLEMENTARY INFORMATION: This is a 49 CFR Part 571 synopsis of the Commission’s Notice of continues to read as follows: [Docket No. NHTSA–03–14396] Authority: 47 U.S.C. 154, 303, 334 and 336. Proposed Rule Making, MB Docket No. 03–190, adopted September 3, 2003, and RIN 2127–AI56 § 73.202 [Amended] released September 5, 2003. The full 2. Section 73.202(b), the Table of FM text of this Commission decision is Federal Motor Vehicle Safety Allotments under Texas, is amended by available for inspection and copying Standards No. 224; Rear Impact adding Dripping Springs, Channel 285A during normal business hours in the Protection and removing Marble Falls, Channel FCC’s Reference Information Center at AGENCY: National Highway Traffic 285C2. Portals II, CY-A257, 445 Twelfth Street, Safety Administration (NHTSA), DOT. SW., Washington, DC. This document Federal Communications Commission. ACTION: Notice of proposed rulemaking may also be purchased from the John A. Karousos, (NPRM). Commission’s duplicating contractors, Assistant Chief, Audio Division, Media Bureau. Qualex International, Portals II, 445 SUMMARY: In this document, NHTSA 12th Street, SW., Room CY-B402, [FR Doc. 03–23926 Filed 9–18–03; 8:45 am] proposes to amend the Federal motor Washington, DC 20554, telephone (202) BILLING CODE 6712–01–P vehicle safety standard (FMVSS) No. 863–2893, or via e-mail 224, ‘‘Rear impact protection,’’ to [email protected] exclude road construction controlled FEDERAL COMMUNICATIONS Provisions of the Regulatory horizontal discharge semitrailers (RCC COMMISSION Flexibility Act of 1980 do not apply to horizontal discharge trailers) from the this proceeding. standard. The agency has tentatively 47 CFR Part 73 Members of the public should note concluded that the installation of rear [DA 03–2714; MB Docket No. 03–190; RM– that from the time a Notice of Proposed impact guards (underride guards), as 10738] Rule Making is issued until the matter required by FMVSS No. 224, on RCC is no longer subject to Commission horizontal discharge trailers is Radio Broadcasting Services; Athens consideration or court review, all ex impracticable due to the unique design and Doraville, GA parte contacts are prohibited in and purpose of such vehicles. DATES: AGENCY: Federal Communications Commission proceedings, such as this You should submit comments Commission. one, which involve channel allotments. early enough to ensure that Docket See 47 CFR 1.1204(b) for rules Management receives them not later ACTION: Proposed rule. governing permissible ex parte contacts. than October 20, 2003.

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ADDRESSES: You may submit comments I. Background discharge semitrailers from the scope of identified by Docket No. NHTSA–03– RCC horizontal discharge trailers are the standard.’’ Since the effective date of 14396 by any of the following methods: a unique piece of equipment used in the the standard, January 26, 1998 (61 FR • Web Site: http://dms.dot.gov. road construction industry to deliver 2004, January 24, 1996), Dan Hill and Follow the instructions for submitting asphalt and other building materials to Red River have each been twice granted comments on the DOT electronic docket construction sites. The trailers are temporary exemptions from FMVSS No. site. equipped with a mechanical drive and 224 for their RCC horizontal discharge • Fax: 1–202–493–2251. a conveyor to feed asphalt into a lay trailers due, in part, to the impracticability of installing underride • Mail: Docket Management Facility; down or paving machine for road construction and paving operations. guards on RCC horizontal discharge U.S. Department of Transportation, 400 2 With their hydraulically controlled trailers. Red River’s current temporary Seventh Street, SW., Nassif Building, exemptions would have expired on Room PL–401, Washington, DC 20590– horizontal discharge systems, the trailers discharge mixed asphalt at a April 1, 2003. NHTSA’s regulations 001. allow for the continued effectiveness of • Hand Delivery: Room PL–401 on controlled rate into pavers, which overlay the road surface with asphalt the exemption, pending the agency’s the plaza level of the Nassif Building, final determination of a renewal 400 Seventh Street, SW., Washington, material. From the standpoint of FMVSS No. petition, if such renewal petition is DC, between 9 a.m. and 5 p.m., Monday 224, the RCC horizontal discharge submitted 60 days before the expiration through Friday, except Federal trailer’s most unique and of the existing petition (49 CFR Holidays. technologically problematic feature 555.8(e)). Since Red River once again • Federal eRulemaking Portal: Go to stems from the fact that the rear of the filed for a temporary exemption from http://www.regulations.gov. Follow the trailer is designed to connect with and FMVSS No. 224 more than 60 days online instructions for submitting latch onto various paving machines. before the expiration of the most recent comments. Typically, the paving machine attaches temporary exemptions, their current Instructions: All submissions must itself to the rear axle of an RCC exemption will be valid until NHTSA include the agency name and docket horizontal discharge trailer via makes a final decision on their petition. number or Regulatory Identification hydraulic arms, and the edge of the The agency has granted Dan Hill a three- Number (RIN) for this rulemaking. For trailer’s conveyor belt extends over the year temporary exemption, which detailed instructions on submitting paving machine opening. This expires May 1, 2006 (68 FR 28880, May comments and additional information configuration is critical to the road 27, 2003). on the rulemaking process, see the construction process as it allows the II. FMVSS No. 224 Public Participation heading of the RCC horizontal discharge trailer to Supplementary Information section of deposit asphalt mix directly into the Underride occurs when a light vehicle this document. Note that all comments paving machine hopper. This feature crashes into the rear end of a heavy received will be posted without change also allows for a more controlled off- truck that has a chassis higher than the to http://dms.dot.gov. including any loading, as compared to a steel end hood of the light vehicle. In certain personal information provided. Please dump trailer, which is the only other instances, the light vehicle ‘‘slides’’ or see the Privacy Act heading under vehicle capable of delivering asphalt underrides the rear end of the heavy Regulatory Notices. mix to road construction sites.1 A more vehicle to such an extent that the rear Docket: For access to the docket to controlled offloading not only prevents end of the trailer strikes and enters the read background documents or spillage of asphalt and other debris on passenger compartment of the light comments received, go to http:// the road surfaces, but also ensures a vehicle, resulting in passenger dms.dot.gov at any time or to Room PL– more leveled road surface. compartment intrusion (PCI). PCI 401 on the plaza level of the Nassif As a result of their unique crashes can result in severe injuries and Building, 400 Seventh Street, SW., configuration and the method by which fatalities to the light vehicle occupants Washington, DC between 9 a.m. and 5 they interact with paving machines, due to occupant contact with the rear p.m., Monday through Friday, except RCC horizontal discharge trailers may end of the heavy truck. Federal holidays. not be able to comply with FMVSS No. In an attempt to reduce the frequency 224. and severity of underride collisions, FOR FURTHER INFORMATION CONTACT: For This rulemaking proposal is in NHTSA issued FMVSS No. 224 (61 FR nonlegal issues: Dr. William J.J. Liu, response to a joint petition for 2004, January 24, 1996). The standard Office of Rulemaking, NVS–113, rulemaking submitted to the agency on went into effect on January 26, 1998. telephone (202) 366–4923. For legal March 23, 2001, by Dan Hill & The standard requires that all new issues: Mr. George Feygin, Office of Associates, Inc. (Dan Hill) and Red trailers and semitrailers with a GVWR of Chief Counsel, NCC–112, telephone River Manufacturing, Inc., a Division of 10,000 lbs or more be equipped with an (202) 366–2992. Both can be reached at Trail King Industries, Inc. (Red River) underride guard. The underride guard is the National Highway Traffic Safety (Docket No. NHTSA–2001–8876). Dan attached to the rear of the platform Administration, 400 7th St., SW., Hill and Red River are manufacturers of (within 305 mm [12 in] of the rear Washington, DC 20590. RCC horizontal discharge trailers. The extremity of the vehicle) and acts to SUPPLEMENTARY INFORMATION: petition requested that the agency prevent the light vehicle from sliding Table of Contents amend FMVSS No. 224 to ‘‘exclude under the truck chassis. construction controlled horizontal I. Background 2 See 63 FR 15909, 15910 (Apr. 1, 1998); 64 FR II. FMVSS No. 224 1 III. Petition Because the horizontal discharge trailers do not 49049, 49050 (Sept. 9, 1999); 66 FR 20028, 20030 rise to unload their contents like steel end dump (Apr. 18, 2001). Exemptions were based on the IV. Proposed Amendments trailers, they can be used on uneven terrain, or ‘‘substantial economic hardship’’ grounds under 49 V. Estimated Costs and Benefits where overhead obstructions such as bridges and CFR § 555.6(a). Nevertheless, the economic VI. Request for and Submission of Comments power lines completely prevent the use of dump hardship was rooted in impracticability of installing VII. Rulemaking Analyses and Notices trailers. underride guards.

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The standard currently excludes pole unacceptable, and therefore, the when the RCC horizontal discharge trailers, pulpwood trailers, wheels back customers had no interest in purchasing trailer is attached to the paving trailers, and ‘‘special purpose vehicles’’ their competitor’s equipment (NHTSA machine. because attachment of an underride Docket No. 2001–8827–25).5 We hope to According to the March 23, 2001 guard to these specific vehicles is either obtain more direct comments on this petition, designing a retractable impracticable or unnecessary.3 For issue in response to this notice. In sum, underride guard suitable for this example, in the case of a wheels back it appears that an RCC horizontal application has proven impractical for trailer, the rear axle is located within discharge trailer that does not extend far several reasons, chiefly among them the 305 mm of the rear extremity of the enough over a paving machine cannot lack of adequate clearance. The edge of vehicle. Because the rear wheels are be used for its intended purpose. the RCC horizontal discharge trailer located so close to the rear extremity of Accordingly, a wheels back design may must extend over the paving machine in the vehicle, they act as an underride not provide for a practicable solution for order to drop the hot asphalt mix into guard, making underride virtually compliance with FMVSS No. 224. the hopper. Because paving machines differ in size and configuration, the impossible. III. Petition The RCC horizontal discharge trailers trailer must allow for paving machines subject to this notice do not fit the In their March 23, 2001 joint petition, of different heights to slide under the current definition of special purpose Dan Hill and Red River requested that conveyor structure. Typically, the vehicles, notwithstanding their unique NHTSA amend FMVSS No. 224 to paving machine openings are 31 to 35 nature and their work-performing exclude construction controlled inches off the ground. Conveyor equipment, because technically, their horizontal discharge trailers from structures of the RCC horizontal work-performing equipment does not FMVSS No. 224. According to the discharge trailers are normally 36 to 37 move through or reside in the area in petitioners, the two parties together inches off the ground. As a result, the which the underride guard would be account for virtually all of RCC underride guard may have to retract attached.4 Accordingly, there is horizontal discharge trailer completely against the conveyor currently no exclusion in FMVSS No. manufacturing. Approximately 0.12% of structure, in order not to interfere with 224 for this type of trailer. all trailers produced in the U.S. are RCC the paving machine. It appears that Because of the unique design horizontal discharge trailers. Both achieving such ‘‘flush’’ retraction has necessitated by their interactions with manufacturers claim to have been not proven feasible. Additionally, the paving machines, a practicable RCC unsuccessful in their independent raising the overall ground clearance of horizontal discharge trailer appears to efforts to develop an underride guard the RCC horizontal discharge trailer in be ill-suited for a wheels back design. that is compliant, functional, and order to provide adequate clearance for As previously mentioned, an RCC capable of interfacing with road- a retractable underride guard would horizontal discharge trailer is designed building equipment with which these raise the center of gravity of the trailer, to extend over a paving machine in vehicles are designed to work. Based on possibly making the vehicle more prone order to drop the hot asphalt mix into their attempts to manufacture a to rollovers. the hopper. A rear axle located within compliant trailer that remains Petitioners note that another difficulty 12 inches of the rearmost extremity functional and safe under real world in installing a retractable underride could prevent the trailer from properly operating conditions, petitioners believe guard involves the location of a extending over the paving machine. that bringing RCC horizontal discharge planetary gearbox that drives the Petitioners concede that they can trailers into compliance with FMVSS conveyor system. The gearbox is located design an RCC horizontal discharge No. 224 is not practically feasible. Both where a retractable underride guard trailer that would fall under the wheels manufacturers stated that the denial of system would otherwise be located. back exception. Indeed, E.D. Etnyre & their petition would effectively Further, asphalt accumulations on the Co. (Etnyre), the only other terminate production of RCC horizontal underride guard cause certain manufacturer of RCC horizontal discharge trailers. maintenance problems, which have not discharge trailers, has designed an RCC Petitioners maintain that a fixed yet been solved. Specifically, a horizontal discharge trailer that falls underride guard cannot be installed in retractable underride guard has mating under that exception. However, order to comply with FMVSS No. 224 surfaces that slide over each other. according to a temporary exemption because it would prevent paving These surfaces would be under constant petition previously filed by the machines from interfacing with (locking exposure to hot asphalt, which would petitioners, their customers have onto) the trailers during the paving result in mating surfaces sticking to indicated that a wheels back design is operations. Petitioners have also been each other. The hot mix asphalt unable to design a practicable materials that adhere to the guard 3 Special Purpose Vehicle means a trailer or a retractable underride guard 6 that would surface may render it ineffective and semitrailer having work-performing equipment that, be engaged when an RCC horizontal may pose a risk of injury to the truck or while the vehicle is in transit, resides in or moves discharge trailer travels to and from the through the area that could be occupied by the machine operator. horizontal member of the rear underride guard. See actual construction sites, and retracted Additional efforts by the petitioners to 49 CFR § 571.224. Examples of special purpose bring their product into compliance vehicles are dump trailers, auto transporters, and 5 See also comments submitted by Keeler with FMVSS No. 224 have similarly trailers equipped with lift gates. Construction Co., Inc., stating that a horizontal failed. Specifically, petitioners 4 However, in discussing a ‘‘rear-unload discharge trailer has to be able to interact with the semitrailer’’ described by The National Potato paving machine in order to be effective (NHTSA considered adding removable underride Council as having a rear conveyor whose operation Docket No. 2001–8827–4). guards. They rejected this approach would be substantially impaired by an underride 6 Petitioners stress that their efforts to comply because of concerns that workers would guard, NHTSA stated that assuming the Council with FMVSS No. 224 have otherwise been fail to replace the underride guard was correct in alleging substantial impairment, such successful. They were able to design functional 7 vehicle would qualify as a special purpose vehicle, underride guard systems for other types of before transit. despite a lack of any indication in our preamble discharge trailers. The petition asserts functional that the conveyor actually resided or operated impracticability specific to trailers designed to 7 Removable underride guards would allow where the underride guard would be have been interact with paving machines (NHTSA Docket No. manufacturers to meet FMVSS No. 224, even if attached. See 61 FR 2004, at 2022. 1997–3122–2). Continued

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As previously stated, petitioners is required by 49 U.S.C. 30111(b)(3) to in order to ensure that the standard contend that they could design a vehicle ensure that the standard is reasonable, excludes only the type of the vehicle that would fall under wheels back practicable, and appropriate for the discussed in this notice. The proposed exception. However, petitioners say that particular type of motor vehicle definition of a road construction such a vehicle would not be able to equipment for which it is prescribed. As controlled horizontal discharge trailer is perform its intended function because discussed above, petitioners have raised ‘‘a trailer or semitrailer that is equipped the rear axle would not allow the RCC several arguments that the application with a mechanical drive and a conveyor horizontal discharge trailer to extend of FMVSS No. 224 to RCC horizontal to deliver asphalt and other road over the paving machine. discharge trailers is impracticable. building materials, in a controlled In sum, petitioners contend that due Given the difficulties experienced in horizontal manner, into a lay down to the impracticability of installing manufacturing a compliant discharge machine or paving equipment for road underride guards on RCC horizontal trailer, we are proposing to exclude construction and paving operations.’’ discharge trailers, not amending the such vehicles from the standard. FMVSS No. 224 would effectively The agency examined possible safety V. Estimated Costs and Benefits eliminate production of RCC horizontal consequences of excluding RCC If RCC horizontal discharge trailers discharge trailers. We note that, in horizontal discharge trailers from are excluded from FMVSS No. 224, applying for temporary exemptions and FMVSS No. 224. We note that the petitioners would realize financial gains subsequent renewals for exemptions geometry of an RCC horizontal associated with ability to continually from FMVSS No. 224, petitioners put discharge trailer is very similar to that manufacture and market their product. forth the same arguments for grant of of a wheels back trailer. The risk of a Currently, their ability to offer RCC temporary exemptions as they did in severe underride collision is reduced by horizontal discharge trailers depends on this petition for rulemaking. the fact that the rear-most axle of the temporary exemptions. Further, those IV. Proposed Amendments RCC horizontal discharge trailer is manufacturers who may have suffered located between 24 and 33 inches from sale volume losses as a result of offering After careful review of the the rear extremity of the vehicle. a wheels back design unpopular with information submitted by the Although this falls short of the 305 mm typical RCC horizontal discharge trailer petitioners, NHTSA tentatively agrees (12 inches) exemption for wheels back purchasers, may once again gain market with the petitioners and proposes to trailers, the likelihood of PCI intrusion share by offering a product that is more amend FMVSS No. 224 to exclude RCC is nevertheless reduced by the suitable to the industry needs. The horizontal discharge trailers from the proximity of rear axle to the rear actual costs savings are difficult to standard. extremity of the trailer. It appears that estimate because petitioners have not We recognize the unique issues the distance between the rear axle and been able to produce a viable underride associated with installing underride the rear extremity of the trailer cannot guard for the equipment in question. guards on RCC horizontal discharge be shortened any further, if the floor trailers. The current petition for There would be no safety benefits conveyor that delivers the asphalt is to rulemaking, as well as earlier petitions associated with this proposed fit over the paving machine. for temporary exemptions, outlined rulemaking. As discussed previously, Additionally, we note that RCC petitioner’s efforts to bring RCC we anticipate that due to very limited horizontal discharge trailers travel on horizontal discharge trailers in production figures and limited highway U.S. highways only infrequently, to compliance with FMVSS No. 224 for the use exposure, there is minimal safety deliver the hot asphalt mix to the past 5 years. The agency believes that disbenefits associated with the proposed construction sites. These vehicles spend petitioner’s contention that no rulemaking. most of their time in a controlled practicable solution exists may have environment of a construction site, VI. Request for and Submission of merit.8 surrounded by other paving equipment Comments We note that when prescribing a and construction traffic control motor vehicle safety standard, NHTSA The agency requests comments on equipment (e.g., traffic cones, safety today’s proposal. Specifically, NHTSA removed by the owners of the trailers, since the signs), where a risk of underride is interested in comments on the 9 standard applies only to new vehicles. However, collision is virtually nonexistent. following questions. such a solution is inconsistent with the overall In light of our findings, this NPRM 1. Is a wheels back design a practical intent of the standard, which is to reduce the proposes to amend FMVSS No. 224 by vehicle design alternative for RCC likelihood of underride collisions on U.S. adding RCC horizontal discharge trailers highways. horizontal discharge trailers? Please 8 E.D. Etnyre & Co. (Etnyre), the only other to the list of excluded vehicles in S3 of provide data and information to support manufacturer of horizontal discharge trailers, has the Standard. We are proposing to your response. built a horizontal discharge trailer with a include a precise definition of a road 2. What is the maintenance and ‘‘combination of retractable chutes, and wheels construction controlled horizontal back configuration’’ to meet FMVSS No. 224 (see performance history of RCC horizontal NHTSA Docket No. 2001–8827–19). According to discharge semitrailers to the standard, discharge trailers with wheels back the petitioners, however, field experience design? demonstrated insurmountable real world 9 Neither Fatal Analysis Reporting System 3. Is a retractable underride guard practicability issues that compromised any (FARS), the National Automotive Sampling System potential safety benefits. As a result, Etnyre is no (NASS), nor the General Estimates System (GES) design a practical solution for RCC longer offering trailers with retractable underride data files that we have examined include crash horizontal discharge trailers? Does such guards. Instead, they redesigned their product to information pertaining specifically to horizontal a design create a risk of injury to fall under wheels back exception (NHTSA Docket discharge trailers. We have examined underride and workers operating or working near the No. 2001–8827–25). Furthermore, in a letter dated horizontal discharge trailer information from hard August 8, 2002 (Docket No. NHTSA–2003–14396– copies of police accident reports (PARs) for 74 trailer? Please provide data and 1), Etnyre, along with Dan Hill and Red River, noted selected 1999–2001 FARS cases and 75 cases from information to support your response. that the complex retraction mechanism requires the 1999–2001 NASS on-line summary files. A 4. What is the maintenance and operator interaction to reposition the guard after careful examination of photographs (where each offload cycle, thereby compromising the available) and other related information yielded no performance history of RCC horizontal potential safety benefits of the retractable underride indication of rear end collisions involving discharge trailers with retractable guard. horizontal discharge trailers. underride guards?

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5. Has any manufacturer of RCC Management will return the postcard by comments. You may download the horizontal discharge trailers subject to mail. comments. However, since the this notice been able to alternatively comments are imaged documents, How Do I Submit Confidential Business design a compliant vehicle equipped instead of word processing documents, Information? with an underride guard, that is able to the downloaded comments are not word slide over the paving machine in order If you wish to submit any information searchable. to discharge asphalt mix? under a claim of confidentiality, you Please note that even after the The comment period for this proposal should submit three copies of your comment closing date, we will continue is 30 days. As noted above, 2 of the 3 complete submission, including the to file relevant information in the manufacturers of RCC horizontal information you claim to be confidential Docket as it becomes available. Further, discharge trailers have filed petitions business information, to the Chief some people may submit late comments. asking to renew their existing temporary Counsel, NHTSA, at the address given Accordingly, we recommend that you exemptions from the Standard. If a final above under FOR FURTHER INFORMATION periodically check the Docket for new rule excluding RCC horizontal discharge CONTACT. In addition, you should material. trailers is issued, NHTSA believes the submit two copies, from which you Privacy Act: Anyone is able to search rulemaking process should be have deleted the claimed confidential the electronic form of all comments completed before there is any need to business information, to Docket received into any of our dockets by the file the fourth petition for a temporary Management at the address given above name of the individual submitting the exemption. Additionally, NHTSA under ADDRESSES. When you send a comment (or signing the comment, if believes that a speedy resolution of this comment containing information submitted on behalf of an association, issue will be in the best interest of claimed to be confidential business business, labor union, etc.). You may Etnyre as it would no longer be limited information, you should include a cover review DOT’s complete Privacy Act to vehicle designs that fit within an letter setting forth the information Statement in the Federal Register existing exclusion, but may cause specified in our confidential business published on April 11, 2000 (Volume practical impediments to the safe information regulation. (49 CFR part 65, Number 70; Pages 19477–78) or you operation of the trailers in their 512.) may visit http://dms.dot.gov. intended environment. Accordingly, we Will the Agency Consider Late have determined that a 30-day comment VII. Rulemaking Analyses and Notices Comments? period best serves the public interest. a. Executive Order 12866 and DOT The following information is provided We will consider all comments that Regulatory Policies and Procedures in a question and answer format to Docket Management receives before the assist interested parties in providing close of business on the comment NHTSA has considered the impact of comments on this document. closing date indicated above under the proposed rulemaking action under DATES. To the extent possible, we will E.O. 12866 and the Department of How Do I Prepare and Submit also consider comments that Docket Transportation’s regulatory policies and Comments? Management receives after that date. If procedures. This NPRM was not Your comments must be written in Docket Management receives a comment reviewed under E.O. 12866, ‘‘Regulatory English. To ensure that your comments too late for us to consider it in Planning and Review.’’ This action has are correctly filed in the Docket, please developing a final rule (assuming that been determined to be ‘‘nonsignificant’’ include the docket number of this one is issued), we will consider that under the Department of document in your comments. comment as an informal suggestion for Transportation’s regulatory policies and Your comments must not be more future rulemaking action. procedures. The agency concludes that than 15 pages long. (49 CFR 553.21). We the impact of the proposed rule is so established this limit to encourage you How Can I Read the Comments minimal that preparation of a full to write your primary comments in a Submitted by Other People? regulatory evaluation is not required. concise fashion. However, you may You may read the comments received The proposed rule would not impose attach necessary additional documents by Docket Management at the address any new requirements or costs on to your comments. There is no limit on given above under ADDRESSES. The manufacturers, but instead will result in the length of the attachments. hours of the Docket are indicated above cost savings to manufacturers of road Please submit two copies of your in the same location. You may also see construction controlled horizontal comments, including the attachments, the comments on the Internet. To read discharge trailers. to Docket Management at the address the comments on the Internet, take the b. Regulatory Flexibility Act given above under ADDRESSES. following steps: Comments may also be submitted to the (1) Go to the Docket Management NHTSA has considered the impacts of docket electronically by logging onto the System (DMS) Web page of the the proposed rulemaking under the Dockets Management System Web site Department of Transportation (http:// Regulatory Flexibility Act. I hereby at http://dms.dot.gov. Click on ‘‘Help & dms.dot.gov/). certify that this proposal would not Information’’ or ‘‘Help/Info’’ to obtain (2) On that page, click on ‘‘search.’’ have a significant economic impact on instructions for filing the document (3) On the next page (http:// a substantial number of small entities. electronically. dms.dot.gov/search/), type in the four- The proposal would not impose any digit docket number shown at the new requirements or costs on How Can I Be Sure That My Comments beginning of this document. Example: If manufacturers, but instead will exclude Were Received? the docket number were ‘‘NHTSA– manufacturers of road construction If you wish Docket Management to 1998–1234,’’ you would type ‘‘1234.’’ controlled horizontal discharge trailers notify you upon its receipt of your After typing the docket number, click on from FMVSS No. 224. Accordingly, comments, enclose a self-addressed, ‘‘search.’’ there would be no significant impact on stamped postcard in the envelope (4) On the next page, which contains small businesses, small organizations, or containing your comments. Upon docket summary information for the small governmental units by these receiving your comments, Docket docket you selected, click on the desired amendments. The manufacturers of RCC

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horizontal discharge trailers, among proceedings before parties may file suit we must evaluate the environmental them Dan Hill and Red River, may in court. health or safety effects of the planned realize certain cost savings because the rule on children, and explain why the g. National Technology Transfer and standard would no longer require them planned regulation is preferable to other Advancement Act to install underride guards on their RCC potentially effective and reasonably horizontal discharge trailers. However, Section 12(d) of the National feasible alternatives considered by us. because of the relatively small number Technology Transfer and Advancement This proposed rule is not subject to of RCC horizontal discharge trailers Act of 1995 (NTTAA), Public Law 104– the Executive Order because it is not produced yearly, any potential positive 113, section 12(d) (15 U.S.C. 272) economically significant as defined in economic impact will not be significant. directs us to use voluntary consensus E.O. 12866 and does not involve For these reasons, the agency has not standards in regulatory activities unless decisions based on environmental, prepared a preliminary regulatory doing so would be inconsistent with health, or safety risks that flexibility analysis. applicable law or otherwise impractical. disproportionately affect children. Voluntary consensus standards are c. Paperwork Reduction Act technical standards (e.g., materials k. Plain Language Under the Paperwork Reduction Act specifications, test methods, sampling Executive Order 12866 requires each of 1995, a person is not required to procedures, and business practices) that agency to write all rules in plain respond to a collection of information are developed or adopted by voluntary language. Application of the principles by a Federal agency unless the consensus standards bodies, such as the of plain language includes consideration collection displays a valid OMB control Society of Automotive Engineers (SAE). of the following questions: number. This proposal does not contain The NTTAA directs us to provide • Have we organized the material to any collection of information Congress, through OMB, explanations suit the public’s needs? requirements requiring review under the when we decide not to use available and • Are the requirements in the rule Paperwork Reduction Act. applicable voluntary consensus clearly stated? standards. • Does the rule contain technical d. National Environmental Policy Act The agency searched for, but did not language or jargon that isn’t clear? • NHTSA has analyzed this proposal find any voluntary consensus standards Would a different format (grouping under the National Environmental relevant to this proposal. and order of sections, use of headings, Policy Act and determined that it would h. Unfunded Mandates Reform Act paragraphing) make the rule easier to not have a significant impact on the understand? The Unfunded Mandates Reform Act • quality of human environment. Would more (but shorter) sections of 1995 requires agencies to prepare a be better? e. Executive Order 13132 (Federalism) written assessment of the costs, benefits • Could we improve clarity by adding and other effects of proposed or final NHTSA has analyzed this proposed tables, lists, or diagrams? rules that include a Federal mandate • What else could we do to make the rule in accordance with the principles likely to result in the expenditure by and criteria set forth in Executive Order rule easier to understand? State, local or tribal governments, in the If you have any responses to these 13132, Federalism and has determined aggregate, or by the private sector, of that this proposal does not have questions, please include them in your more than $100 million annually comments on this proposal. sufficient Federal implications to (adjusted for inflation with base year of warrant consultation with State and 1995). This rulemaking would not result List of Subjects in 49 CFR Part 571 local officials or the preparation of a in expenditures by State, local or tribal Motor vehicle safety standards. Federalism summary impact statement. governments, in the aggregate, or by the The proposal would not have any private sector in excess of $100 million PART 571—FEDERAL MOTOR substantial impact on the States, or on annually. VEHICLE SAFETY STANDARDS the current Federal-State relationship, or on the current distribution of power i. Regulation Identifier Number (RIN) In consideration of the foregoing, and responsibilities among the various The Department of Transportation NHTSA proposes to amend 49 CFR part local officials. assigns a regulation identifier number 571.224 as set forth below. 1. The authority citation for part 571 f. Civil Justice Reform (RIN) to each regulatory action listed in the Unified Agenda of Federal would continue to read as follows: This proposal would not have any Regulations. The Regulatory Information Authority: 49 U.S.C. 322, 30111, 30115, retroactive effect. Under 49 U.S.C. Service Center publishes the Unified 30117, and 30166; delegation of authority at 21403, whenever a Federal motor Agenda in April and October of each 49 CFR 1.50. vehicle safety standard is in effect, a year. You may use the RIN contained in 2. Section 571.224 would be amended State may not adopt or maintain a safety the heading at the beginning of this as follows: standard applicable to the same aspect document to find this action in the a. By revising paragraph S3; and of performance which is not identical to Unified Agenda. b. By revising the definition for ‘‘Road the Federal standard, except to the j. Executive Order 13045 construction controlled horizontal extent that the state requirement discharge trailer’’ in paragraph S4. imposes a higher level of performance Executive Order 13045 (62 FR 19885, The revised text is set forth as follows: and applies only to vehicles procured April 23, 1997) applies to any rule that: for the State’s use. 49 U.S.C. 21461 sets (1) is determined to be ‘‘economically § 571.224 Standard No. 224; Rear Impact forth a procedure for judicial review of significant’’ as defined under E.O. Protection final rules establishing, amending or 12866, and (2) concerns an * * * * * revoking Federal motor vehicle safety environmental, health, or safety risk that S3. Application. This standard standards. That section does not require NHTSA has reason to believe may have applies to trailers and semitrailers with submission of a petition for a disproportionate effect on children. If a GVWR of 4,356 kg or more. The reconsideration or other administrative the regulatory action meets both criteria, standard does not apply to pole trailers,

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pulpwood trailers, road construction 2003, in Pawleys Island, SC. These proposed actions, are contained in the controlled horizontal discharge trailers, hearings are being held to receive proposed rule and are not repeated here. special purpose vehicles, wheels back comments from fishery participants and On August 12, 2003 (68 FR 47904), vehicles, or temporary living quarters as other members of the public regarding NMFS published in the Federal Register defined in 49 CFR 529.2. If a cargo tank proposed shark regulations and draft notice of six public hearings. Due to motor vehicle, as defined in 49 CFR Amendment 1 to the Fishery concern regarding the path of Hurricane 171.8, is certified to carry hazardous Management Plan for Atlantic Tunas, Isabel, NMFS is canceling and materials and has a rear bumper or rear Swordfish and Sharks (Amendment 1). rescheduling two of those public end protection device conforming with Due to rescheduling the hearings, NMFS hearings. The hearing previously 49 CFR part 178 located in the area of is also extending the comment period of scheduled for September 17, 2003, in the horizontal member of the rear the proposed rule for Amendment 1, Pawleys Island, SC, is now scheduled underride guard required by this published in the Federal Register on for October 2, 2003, in Pawleys Island, standard, the guard need not comply August 1, 2003, from September 30, SC (see DATES and ADDRESSES). The with the energy absorption requirement 2003, to October 3, 2003. hearing previously scheduled for (S5.2.2) of 49 CFR 571.223. DATES: The public hearings will be held September 22, 2003, in Manteo, NC, is S4. Definitions. on: now scheduled for October 1, 2003, in * * * * * 1. Wednesday, October 1, 2003, from Manteo, NC (see DATES and ADDRESSES). Road construction controlled 7 – 9 p.m. in Manteo, NC, and The schedule for the other public horizontal discharge trailer means a 2. Thursday, October 2, 2003, from 7 hearings remains unchanged. trailer or semitrailer that is equipped – 9 p.m. in Pawleys Island, SC. Additionally, in order to incorporate with a mechanical drive and a conveyor Comments on the proposed rule for these rescheduled hearings during the to deliver asphalt and other road Amendment 1, published at 68 FR public comment period, NMFS is building materials, in a controlled 45196, August 1, 2003, must be received extending the public comment period horizontal manner, into a lay down no later than 5 p.m., on October 3, 2003. on the proposed rule until 5 p.m. on machine or paving equipment for road ADDRESSES: The public hearings will be October 3, 2003. construction and paving operations. held in: The public is reminded that NMFS * * * * * 1. North Carolina Aquarium, Roanoke expects participants at the public Issued: September 15, 2003. Island, Airport Road, Manteo, NC hearings to conduct themselves Stephen R. Kratzke, 27954, and appropriately. At the beginning of each Associate Administrator for Rulemaking. 2. Waccamaw Neck Branch Library, public hearing, a NMFS representative [FR Doc. 03–23960 Filed 9–18–03; 8:45 am] 24 Commerce Dr., Pawleys Island, SC will explain the ground rules (e.g., BILLING CODE 4910–59–P 29585. alcohol is prohibited from the hearing Written comments on this action room; attendees will be called to give should be mailed to Christopher Rogers, their comments in the order in which DEPARTMENT OF COMMERCE Chief, NMFS Highly Migratory Species they registered to speak; each attendee Management Division, 1315 East-West will have an equal amount of time to National Oceanic and Atmospheric Highway, Silver Spring, MD 20910; or speak; and attendees should not Administration faxed to (301) 713–1917. Comments will interrupt one another). The NMFS not be accepted if submitted via email representative will attempt to structure 50 CFR Part 635 or Internet. Copies of draft Amendment the hearing so that all attending 1 can be obtained from the HMS website members of the public will be able to [I.D. 010903D] at: http://www.nmfs.noaa.gov/sfa/ comment, if they so choose, regardless Atlantic Highly Migratory Species hmspg.html. of the controversial nature of the subject(s). Attendees are expected to (HMS); Atlantic Shark Management FOR FURTHER INFORMATION CONTACT: respect the ground rules, and, if they do Measures Karyl Brewster-Geisz, Heather Stirratt, not, they will be asked to leave the or Chris Rilling at (301) 713–2347 or AGENCY: National Marine Fisheries hearing. Greg Fairclough at (727) 570–5741. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: The Special Accommodations Commerce. Atlantic shark fisheries are managed These meetings are physically ACTION: Rescheduling of public under the authority of the Magnuson- accessible to people with disabilities. hearings; extension of comment period. Stevens Fishery Conservation and Requests for sign language Management Act. The Fishery interpretation or other auxiliary aids SUMMARY: Due to concern regarding the Management Plan for Atlantic Tunas, should be directed to Heather Stirratt, path of Hurricane Isabel, NMFS is Swordfish, and Sharks (HMS FMP), (301) 713–2347, at least 7 days prior to canceling two public hearings that were finalized in 1999, is implemented by the hearing in question. previously published in the Federal regulations at 50 CFR part 635. On Register on August 12, 2003, and August 1, 2003 (68 FR 45196), NMFS Dated: September 16, 2003. scheduled for September 17, 2003, in published in the Federal Register a Bruce C. Morehead, Pawleys Island, SC and September 22, proposed rule that would amend some Acting Director, Office of Sustainable 2003, in Manteo, NC. The public of the regulations in the HMS FMP. Fisheries, National Marine Fisheries Service. hearings are rescheduled for October 1, Complete descriptions of the measures, [FR Doc. 03–24113 Filed 9–17–03; 1:54 pm] 2003, in Manteo, NC, and October 2, as well as the purpose and need for the BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 182

Friday, September 19, 2003

This section of the FEDERAL REGISTER covered include: (1) Call for new The major factors considered for this contains documents other than rules or projects; (2) Discussion on lack of certification were: proposed rules that are applicable to the attendance by committee members (3) 1. If approved, the action will not public. Notices of hearings and investigations, report back from project recipients; (4) result in any additional reporting, committee meetings, agency decisions and public comment. rulings, delegations of authority, filing of recordkeeping or other compliance petitions and applications and agency Dated: September 11, 2003. requirements for small entities other statements of organization and functions are Ray Porter, than the small organizations that will furnish the products to the Government. examples of documents appearing in this District Ranger. section. 2. If approved, the action will result [FR Doc. 03–23823 Filed 9–18–03; 8:45 am] in authorizing small entities to furnish BILLING CODE 3410–11–M the products to the Government. DEPARTMENT OF AGRICULTURE 3. There are no known regulatory alternatives which would accomplish Forest Service COMMITTEE FOR PURCHASE FROM the objectives of the Javits-Wagner- PEOPLE WHO ARE BLIND OR O’Day Act (41 U.S.C. 46–48c) in Fresno County Resource Advisory SEVERELY DISABLED Committee connection with the products proposed Procurement List; Proposed Additions for addition to the Procurement List. AGENCY: Forest Service, USDA. and Deletion Comments on this certification are ACTION: Notice of meeting. invited. Commenters should identify the AGENCY: Committee for Purchase From statement(s) underlying the certification SUMMARY: The Fresno County Resource People Who Are Blind or Severely on which they are providing additional Advisory Committee will meet in Disabled. information. Prather, California. The purpose of the ACTION: Proposed additions to and meeting is to discuss and to recommend End of Certification deletion from Procurement List. project proposals for FY 2004 funds The following products are proposed regarding the Secure Rural Schools and SUMMARY: The Committee is proposing for addition to Procurement List for Community Self-Determination Act of to add to the Procurement List products production by the nonprofit agencies 2000 (Pub. L. 106–393) for expenditure to be furnished by nonprofit agencies listed: of Payments to States Fresno County employing persons who are blind or Title II funds. have other severe disabilities, and to Products DATES: The meeting will be held on delete a service previously furnished by Product/NSN: Can Opener, M.R. 1841. October 14, 2003 from 6:30 pm to 9:30 such agencies. Product/NSN: Vegetable Peeler, M.R. 1842. pm. Comments Must be Received on or NPA: Cincinnati Association for the Blind, Cincinnati, Ohio. ADDRESSES: Before: October 19, 2003. The meeting will be held at Contract Activity: Defense Commissary the Sierra National Forest, High Sierra ADDRESSES: Committee for Purchase Agency (DeCA), Ft. Lee, Virginia. Ranger District, 29688 Auberry Road, From People Who Are Blind or Severely Product/NSN: Safety Armband, M.R. 1756, Prather, California, 93651. Send written Disabled, Jefferson Plaza 2, Suite 10800, M.R. 1759. comments to Rick Larson, Fresno 1421 Jefferson Davis Highway, NPA: L.C. Industries For The Blind, Inc., County Resource Advisory Committee Arlington, Virginia 22202–3259. Durham, NC, at its facility in Hazlehurst, Coordinator, c/o Sierra National Forest, FOR FURTHER INFORMATION CONTACT: Mississippi. High Sierra Ranger District, 29688 Sheryl D. Kennerly, (703) 603–7740. Contract Activity: Defense Commissary Auberry Road, Prather, CA 93651 or Agency (DeCA), Ft. Lee, Virginia. SUPPLEMENTARY INFORMATION: This electronically to [email protected]. notice is published pursuant to 41 U.S.C Product/NSN: Wobble Wedges, M.R. 1835. FOR FURTHER INFORMATION CONTACT: Rick NPA: West Texas Lighthouse for the Blind, 47(a)(2) and 41 CFR 51–2.3. Its purpose San Angelo, Texas. Larson, Fresno County Resource is to provide interested persons an Advisory Committee Coordinator, (559) Contract Activity: Defense Commissary opportunity to submit comments on the Agency (DeCA), Ft. Lee, Virginia. 855–5355 ext. 3319. proposed actions. SUPPLEMENTARY INFORMATION: The Deletion Additions meeting is open to the public. Regulatory Flexibility Act Certification Committee discussion is limited to If the Committee approves the Forest Service staff and Committee proposed additions, the entities of the I certify that the following action will members. However, persons who wish Federal Government identified in this not have a significant impact on a to bring Payments to States Fresno notice for each product or service will substantial number of small entities. County Title II project matters to the be required to procure the products The major factors considered for this attention of the Committee may file listed below from nonprofit agencies certification were: written statements with the Committee employing persons who are blind or 1. If approved, the action may result staff before or after the meeting. Public have other severe disabilities. in additional reporting, recordkeeping sessions will be provided and or other compliance requirements for individuals who made written requests Regulatory Flexibility Act Certification small entities. by October 14, 2003 will have the I certify that the following action will 2. If approved, the action will result opportunity to address the Committee at not have a significant impact on a in authorizing small entities to furnish those sessions. Agenda items to be substantial number of small entities. the service to the Government.

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3. There are no known regulatory Regulatory Flexibility Act Certification date of this addition or options that may alternatives which would accomplish be exercised under those contracts. the objectives of the Javits-Wagner- I certify that the following action will Sheryl D. Kennerly, O’Day Act (41 U.S.C. 46–48c) in not have a significant impact on a connection with the service proposed substantial number of small entities. Director, Information Management. for deletion from the Procurement List. The major factors considered for this [FR Doc. 03–23952 Filed 9–18–03; 8:45 am] certification were: BILLING CODE 6353–01–P End of Certification 1. The action will not result in any The following service is proposed for additional reporting, recordkeeping or deletion from the Procurement List: other compliance requirements for small DEPARTMENT OF COMMERCE entities other than the small Service Foreign-Trade Zones Board organizations that will furnish the Service Type/Location: Grounds product and services to the Government. [Docket 29–2003] Maintenance, Vacant Family Housing Quarters, Fort Campbell, Kentucky. 2. The action will result in Wacker Chemical Corporation— NPA: Progressive Directions, Inc., Clarksville, authorizing small entities to furnish the Application for Subzone Status; Tennessee. product and services to the Government. Contract Activity: Department of the Army, Extension of Comment Period Fort Campbell, Kentucky. 3. There are no known regulatory alternatives which would accomplish The comment period for the Sheryl D. Kennerly, the objectives of the Javits-Wagner- application for subzone status at the Director, Information Management. O’Day Act (41 U.S.C. 46–48c) in Wacker Chemical Corporation in Adrian, Michigan, submitted by the [FR Doc. 03–23951 Filed 9–18–03; 8:45 am] connection with the product and Greater Detroit Foreign-Trade Zone, Inc. BILLING CODE 6353–01–P services proposed for addition to the Procurement List. (68 FR 38009, June 26, 2003), is being extended again, to October 27, 2003 to COMMITTEE FOR PURCHASE FROM End of Certification allow interested parties additional time in which to comment. Rebuttal PEOPLE WHO ARE BLIND OR Accordingly, the following product SEVERELY DISABLED comments may be submitted during the and services are added to the subsequent 15 day period, until Procurement List: Procurement List Additions November 11, 2003. Submissions Product (original and 3 copies) shall be AGENCY: Committee for Purchase From Product/NSN: Document Protector 7510–01– addressed to the Board’s Executive People Who Are Blind or Severely 236–0059. Secretary at one of the following Disabled. NPA: L.C. Industries For The Blind, Inc., addresses: ACTION: Additions to procurement list. Durham, North Carolina. 1. Submissions Via Express/Package Contract Activity: Office Supplies & Paper Delivery Services: Foreign-Trade-Zones SUMMARY: This action adds to the Products Acquisition Center, New York, Board, U.S. Department of Commerce, Procurement List a product and services New York. Franklin Court Building—Suite 4100W, 1099 14th St. NW., Washington, DC to be furnished by nonprofit agencies Services employing persons who are blind or 20005; or have other severe disabilities. Service Type/Location: Janitorial/Custodial 2. Submissions Via the U.S. Postal National Personnel Records Center, St. Service: Foreign-Trade-Zones Board, EFFECTIVE DATE: October 19, 2003. Louis, Missouri. U.S. Department of Commerce, FCB— ADDRESSES: Committee for Purchase NPA: Challenge Unlimited, Inc., Alton, Suite 4100W, 1401 Constitution Ave. From People Who Are Blind or Severely Illinois. NW., Washington, DC 20230. Contract Activity: GSA, Service Contracts Disabled, Jefferson Plaza 2, Suite 10800, Dated: September 12, 2003. (6PEF–C), Kansas City, Missouri. 1421 Jefferson Davis Highway, Dennis Puccinelli, Arlington, Virginia, 22202–3259. Service Type/Location: Janitorial/Grounds and Related Services, Robert F. Peckham Executive Secretary. FOR FURTHER INFORMATION CONTACT: Federal Building and U.S. Courthouse, [FR Doc. 03–23966 Filed 9–18–03; 8:45 am] Sheryl D. Kennerly, (703) 603–7740. San Jose, California. BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: On June 6, NPA: Hope Rehabilitation Services, Santa July 11, and 18, 2003, the Committee for Clara, California. Purchase From People Who Are Blind Contract Activity: GSA, Public Buildings DEPARTMENT OF COMMERCE Service (9PMFC), San Francisco, or Severely Disabled published notice Foreign-Trade Zones Board (68 FR 33908, 41297, and 42684/42685) California. of proposed additions to the Service Type/Location: Reproduction and [Docket 46–2003] Procurement List. Courier Service Naval Facilities Foreign-Trade Zone 61—San Juan, PR, After consideration of the material Engineering Command, Engineering Field, Activity—Chesapeake, Application for Expansion of Scope of presented to it concerning capability of Manufacturing Authority, Pepsi-Cola qualified nonprofit agencies to provide Washington, DC. NPA: Sheltered Occupational Center of Manufacturing International, Ltd.— the product and services and impact of Northern Virginia, Inc., Arlington, Subzone 61J (Soft Drink and Juice the additions on the current or most Virginia. Beverage Concentrates) recent contractors, the Committee has Contract Activity: Naval Facilities determined that the product and Engineering Command, EFA- An application has been submitted to services listed below are suitable for Chesapeake, Washington, DC. the Foreign-Trade Zones Board (the procurement by the Federal Government Board) by the Puerto Rico Exports under 41 U.S.C. 46–48c and 41 CFR 51– This action does not affect current Development Corporation, grantee of 2.4. contracts awarded prior to the effective FTZ 61, pursuant to section 400.32(b)(2)

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of the Board’s regulations (15 CFR part The closing period for their receipt is EFFECTIVE DATE: September 19, 2003. 400), requesting authority on behalf of November 3, 2003. Rebuttal comments FOR FURTHER INFORMATION CONTACT: Zev Pepsi-Cola Manufacturing International, in response to material submitted Primor or Ronald Trentham, AD/CVD Ltd. (PCMIL), operator of FTZ 61J, at the during the foregoing period may be Enforcement, Office IV, International PCMIL soft drink and juice beverage submitted during the subsequent 15-day Trade Administration, U.S. Department concentrate manufacturing plant in period to November 18, 2003. of Commerce, 14th Street and Cidra, Puerto Rico, requesting an A copy of the application will be Constitution Avenue, NW, Washington, expansion of the scope of manufacturing available for public inspection at the D.C. 20230; telephone: (202) 482–4114 authority to include additional finished Office of the Foreign-Trade Zones or (202) 482–6320. products and manufacturing capacity Board’s Executive Secretary at address SUPPLEMENTARY INFORMATION: under FTZ procedures. It was formally No. 1 listed above. Scope of Antidumping and filed on September 12, 2003. Dated: September 12, 2003. PCMIL operates a facility (171 Countervailing Duty Orders Dennis Puccinelli, employees) within the Cidra Industrial Imports covered by these orders are Park, in Cidra, Puerto Rico, which is Executive Secretary. shipments of certain non-egg dry pasta used to produce flavoring concentrates [FR Doc. 03–23965 Filed 9–18–03; 8:45 am] in packages of five pounds (2.27 for soft drink beverages under FTZ BILLING CODE 3510–DS–M kilograms) or less, whether or not procedures for the U.S. market and enriched or fortified or containing milk export (Board Order 926, 62 FR 55574, or other optional ingredients such as 10–27–97). DEPARTMENT OF COMMERCE chopped vegetables, vegetable purees, The applicant currently requests that International Trade Administration milk, gluten, diastasis, vitamins, the scope of manufacturing authority be coloring and flavorings, and up to two expanded to include the manufacture of [A-475–818, C-475–819] percent egg white. The pasta covered by fruit juice beverage concentrate this scope is typically sold in the retail products marketed under the Dole, Anti-Circumvention Inquiry of the market, in fiberboard or cardboard Tropicana Season’s Best, and Tropicana Antidumping and Countervailing Duty cartons, or polyethylene or Twister brands. The application also Orders on Certain Pasta from Italy: polypropylene bags of varying requests that the scope of authority for Affirmative Final Determinations of dimensions. sourcing foreign ingredients used in Circumvention of Antidumping and Excluded from the scope are production be extended to include: Countervailing Duty Orders refrigerated, frozen, or canned pastas, as Banana puree, and fruit juice well as all forms of egg pasta, with the AGENCY: concentrates (passion, white grape, Import Administration, exception of non-egg dry pasta orange, pear, concord grape, red grape, International Trade Administration, containing up to two percent egg white. grapefruit, pineapple) (2003 duty rate Department of Commerce Also excluded are imports of organic range: Free–10%, 0.5¢–7.9¢/liter). ACTION: Affirmative Final pasta from Italy that are accompanied by Production authority under FTZ Determinations of Circumvention of the appropriate certificate issued by the procedures would be increased to Antidumping and Countervailing Duty Instituto Mediterraneo Di Certificazione, approximately 5,000 40-foot shipping Orders. by Bioagricoop S.r.L., by QC&I containers annually. International Services, by Ecocert Italia, SUMMARY: FTZ procedures would continue to On April 27, 2000, the by Consorzio per il Controllo dei exempt PCMIL from Customs duty Department of Commerce (the Prodotti Biologici, by Associazione payments on the foreign ingredients Department) self-initiated an anti- Italiana per l’Agricoltura Biologica, or used in production for export. On its circumvention inquiry to determine Codex S.r.L. domestic sales and exports to NAFTA whether an Italian producer of pasta is The merchandise subject to review is countries, the company can choose the circumventing the antidumping and currently classifiable under item lower duty rates that apply to finished countervailing duty orders on certain 1902.19.20 of the Harmonized Tariff beverage concentrates (free, 6.4%) for pasta from Italy, issued July 24, 1996. Schedule of the United States (HTSUS). the foreign ingredients noted above. In The period of inquiry is July 1, 1998 Although the HTSUS subheading is accordance with § 400.32(b)(2) of the through June 30, 1999. On August 6, provided for convenience and customs Board’s regulations, a member of the 2003, we preliminarily determined that purposes, the written description of the FTZ Staff has been designated examiner certain pasta produced in Italy by merchandise subject to these orders is to investigate the application. Pastificio Fratelli Pagani S.p.A. (Pagani) dispositive. Public comment on the application is and exported to the United States in invited from interested parties. packages of greater than five pounds, Scope Rulings Submissions (original and three copies) which are subsequently repackaged in The Department has issued the shall be addressed to the Board’s the United States into packages of five following scope rulings to date: Executive Secretary at the following pounds or less, constitutes (1) On August 25, 1997, the addresses: circumvention of the antidumping and Department issued a scope ruling that 1. Submissions via Express/Package countervailing duty orders on certain multicolored pasta, imported in kitchen Delivery Services: Foreign-Trade Zones pasta from Italy, within the meaning of display bottles of decorative glass that Board, U.S. Department of Commerce, section 781(a) of the Tariff Act of 1930, are sealed with cork or paraffin and Franklin Court Building—Suite 4100W, as amended (the Act), and 19 CFR bound with raffia, is excluded from the 1099 14th Street, NW., Washington, DC 351.225(g). We invited interested parties scope of the antidumping and 20005; or, to comment on our preliminary countervailing duty orders. See 2. Submissions via the U.S. Postal determinations. Interested parties did Memorandum from Edward Easton to Service: Foreign-Trade Zones Board, not submit case briefs or request a Richard Moreland, dated August 25, U.S. Department of Commerce, FCB– hearing. Consequently, our preliminary 1997, on file in the Central Records Unit 4100W, 1401 Constitution Ave., NW., determinations remain unchanged for (CRU) of the main Commerce Building, Washington, DC 20230. these final determinations. Room B-099.

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(2) On July 30, 1998, the Department the third administrative review of the Orders on Certain Pasta from Italy: issued a scope ruling, finding that antidumping duty order, covering the Affirmative Preliminary Determinations multipacks consisting of six one-pound period July 1, 1998 through June 30, of Circumvention of Antidumping and packages of pasta that are shrink- 1999. In its October 1, 1999, Countervailing Duty Orders, 68 FR wrapped into a single package are questionnaire response, Pagani stated 46571 (August 6, 2003) (Notice of within the scope of the antidumping that it ‘‘exported sacks of non-subject Preliminary Determinations). We and countervailing duty orders. See bulk pasta for repackaging after invited interested parties to comment on Letter from Susan H. Kuhbach, Acting importation.’’ Based upon our our preliminary determinations. Deputy Assistant Secretary for Import verification of Pagani’s questionnaire Interested parties did not submit case Administration, to Barbara P. Sidari, responses in the third administrative briefs or request a hearing. Vice President, Joseph A. Sidari review, we initiated this inquiry. See Analysis Company, Inc., dated July 30, 1998, on Certain Pasta from Italy: Notice of file in the CRU. Initiation of Anti-circumvention Inquiry As detailed in the Notice of (3) On October 23, 1997, the on the Antidumping and Countervailing Preliminary Determinations, to make an petitioners filed a request that the Duty Orders, 65 FR 26179 (May 5, 2000) affirmative determination of Department initiate an anti- (Notice of Initiation). Since the circumvention, the elements under circumvention investigation against initiation of this inquiry, the following section 781(a)(1) of the Act must be Barilla S.r.L. (Barilla). On October 5, events have occurred. satisfied, taking into account the factors 1998, the Department issued a final On May 10, 2000, the Department under section 781(a)(2) and 781(a)(3) of determination that, pursuant to section issued a circumvention questionnaire to the Act. For these final determinations, 781(a) of the Act, Barilla was Pagani. We requested information with we adopt the analysis set forth in the circumventing the antidumping duty respect to Pagani’s corporate structure, Notice of Preliminary Determinations, order by exporting bulk pasta from Italy sales and shipment information, process and determine that during the period which it subsequently repackaged in the of repackaging in the United States, examined there was circumvention of United States into packages of five value of merchandise repackaged in the the orders as a result of Pagani’s pounds or less for sale in the United United States, and pattern of trade and repackaging. First, the merchandise States. See Anti-Circumvention Inquiry levels of imports. repackaged and sold in the United of the Antidumping Duty Order on On June 14, 2000, Pagani responded States is within the same class or kind Certain Pasta from Italy: Affirmative to the Department’s questionnaire. of merchandise that is subject to the Final Determination of Circumvention Pagani’s response revealed that it did order. Second, bulk pasta was exported of the Antidumping Duty Order, 63 FR not have its own manufacturing or to the United States and then assembled 54672 (October 13, 1998) (Barilla repackaging facility in the United States. into smaller packages of five pounds or Circumvention Inquiry). Rather, all of the repackaging activity in less after importation. Third, we find (4) On October 26, 1998, the the United States was conducted by an that the process of assembly or Department self-initiated a scope unaffiliated party. Section 781(a) of the completion in the United States is inquiry to determine whether a package Act sets forth the criteria the minor and insignificant, since (A) the weighing over five pounds as a result of Department must examine when level of investment in the United States allowable industry tolerances may be determining whether to include is minimal; (B) the level of research and within the scope of the antidumping merchandise completed or assembled in development in the United States is and countervailing duty orders. On May the United States within the scope of an non-existent; (C) the nature of the 24, 1999, we issued a final scope ruling existing order. We determined it was production process in the United States finding that, effective October 26, 1998, necessary to collect information from is minor relative to the entire process of pasta in packages weighing up to (and the unaffiliated U.S. party participating pasta production; (D) the extent of the including) five pounds four ounces, and in the repackaging operations to production facilities in the United so labeled, is within the scope of the examine these criteria. Accordingly, on States is limited; and (E) the value of the antidumping and countervailing duty December 7, 2000, the Department processing performed in the United orders. See Memorandum from John issued a supplemental circumvention States represents a small proportion of Brinkmann to Richard Moreland, dated questionnaire to the unaffiliated U.S. the value of the merchandise sold in the May 24, 1999, on file in the CRU. repacker and a U.S. customer that United States. See Notice of Preliminary participated in repackaging. In addition, Determinations, at 46574–46475. Scope of the Anti-Circumvention on December 7, 2000, we issued a Fourth, the value of imported parts or Inquiry supplemental questionnaire to Pagani. components is a significant portion of The product subject to this anti- On January 29, 2001, Pagani responded the total value of the merchandise sold circumvention inquiry is certain pasta to the Department’s supplemental in the United States. Thus, we find produced in Italy by Pagani and questionnaire. We did not receive a affirmative evidence of circumvention exported to the United States in response from the unaffiliated U.S. in accordance with sections 781(a)(1) packages of greater than five pounds repacker or the U.S. customer. and (2) of the Act. (2.27 kilograms) that meets all the On August 6, 2003, we preliminarily We next considered the factors requirements for the merchandise determined that certain pasta produced required by section 781(a)(3) of the Act, subject to the antidumping and in Italy by Pagani and exported to the in reaching our determinations. As countervailing duty orders, with the United States in packages of greater than explained in detail in the Notice of exception of packaging size, and which five pounds, which are subsequently Preliminary Determinations, the facts is repackaged into packages of five repackaged in the United States into concerning pattern of trade, sourcing, pounds (2.27 kilograms) or less after packages of five pounds or less, affiliation, and import trends indicate entry into the United States. constitutes circumvention of the during the period under consideration antidumping and countervailing duty there was circumvention of the pasta Background orders on certain pasta from Italy. See orders. Consequently, our statutory On August 30, 1999, we issued an Anti-Circumvention Inquiry of the requirements lead us to find that during antidumping questionnaire to Pagani for Antidumping and Countervailing Duty the period examined there was

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circumvention of the orders as a result consumption on or after April 27, 2000, Commerce, 14th Street and Constitution of the repackaging operation discussed the date of initiation of this anti- Avenue, NW, Washington DC 20230; above. circumvention inquiry. However, due to telephone (202) 482–4194 or (202) 482– cessation of Pagani’s circumvention 4207, respectively. Certification Option activity, the Department will not SUPPLEMENTARY INFORMATION: Pagani certified that the U.S. instruct BCBP to require such repackaging operation, which began in certification until such time as Scope of Review the third quarter of 1997, was petitioner or other interested parties terminated for long cuts in 1999. With The product covered by this review is provide to the Department a reasonable bulk acetylsalicylic acid, commonly regard to short cuts, Pagani submitted a basis to believe or suspect that the order certification from the U.S. repacker referred to as bulk aspirin, whether or is being again circumvented. If such not in pharmaceutical or compound stating that short cuts of pasta from information is provided, we will require Pagani were last invoiced on February 8, form, not put up in dosage form (tablet, certification only for the product(s) for capsule, powders or similar form for 2000. Thus, Pagani asserts that the which evidence is provided that such repackaging operations have ceased. direct human consumption). Bulk products are being used in the aspirin may be imported in two forms, As discussed in the Notice of circumvention of the order. Normally Preliminary Determinations, Pagani as pure ortho-acetylsalicylic acid or as we will require only the importer of mixed ortho-acetylsalicylic acid. Pure requested that the Department record to certify to the end-use of the implement a certification scheme, ortho-acetylsalicylic acid can be either imported merchandise. If it later proves in crystal form or granulated into a fine whereby each of Pagani’s unaffiliated necessary for adequate implementation, U.S. customers would certify that it powder (pharmaceutical form). This we may also require Pagani to provide product has the chemical formula would resell all pasta purchased from such certification on invoices Pagani in the packaging in which the C9H8O4. It is defined by the official accompanying shipments to the United monograph of the United States pasta was delivered to the U.S. States. See Notice of Final customer, and would not repack any Pharmacopoeia (‘‘USP’’) 23. It is Determinations of Sales at Less Than classified under the Harmonized Tariff pasta from packages greater than five Fair Value: Certain Large Diameter pounds into packages of five pounds or Schedule of the United States Carbon and Alloy Seamless Standard, (‘‘HTSUS’’) subheading 2918.22.1000. less. According to Pagani, this scheme Line and Pressure Pipe from Japan; and Mixed ortho-acetylsalicylic acid would enable the Department to exclude Certain Small Diameter Carbon and consists of ortho-acetylsalicylic acid from the scope of the antidumping and Alloy Seamless Standard, Line and combined with other inactive countervailing duty orders bulk pasta Pressure Pipe from Japan and the substances such as starch, lactose, that was not destined for repackaging Republic of South Africa, 65 FR 25907 cellulose, or coloring materials and/or after importation, e.g., bulk pasta (May 4, 2000). other active substances. The presence of shipped directly to institutional or food These affirmative final circumvention other active substances must be in service users. determinations are in accordance with For these final determinations, we concentrations less than that specified section 781(a) of the Act and 19 CFR determine to adopt the certification for particular nonprescription drug 351.225. scheme proposed by Pagani. According combinations of bulk aspirin and active to that scheme, Pagani and each of Dated: September 12, 2003. substances as published in the Pagani’s unaffiliated customers who Joseph A. Spetrini, Handbook of Nonprescription Drugs, purchase bulk pasta would certify that Acting Assistant Secretary for Import eighth edition, American the customer would not repackage any Administration. Pharmaceutical Association. This bulk pasta into packages of five pounds [FR Doc. 03–23961 Filed 9–18–03; 8:45 am] product is classified under HTSUS or less. BILLING CODE 3510–DS–S subheading 3003.90.0000. Although the HTSUS subheadings are provided for Suspension of Liquidation convenience and customs purposes, the We have made affirmative final DEPARTMENT OF COMMERCE written description of the merchandise determinations that Pagani’s activities under investigation is dispositive. for the repacking of bulk pasta into International Trade Administration Amended Final Results packages of five pounds or less for sale [A-570–853] in the United States constitute On August 7, 2003, the Department of circumvention. The merchandise Notice of Amended Final Results of Commerce (‘‘the Department’’) subject to suspension of liquidation is Antidumping Duty Administrative determined that bulk aspirin from the pasta in packages of greater than five Review: Bulk Aspirin from the People’s People’s Republic of China (‘‘PRC’’) is pounds as defined in the Scope of the Republic of China not being sold in the United States at Anti-Circumvention Inquiry section of less than fair value, as provided in AGENCY: Import Administration, this notice, unaccompanied by the section 751(a) of the Tariff Act of 1930, International Trade Administration, appropriate certification. as amended (‘‘the Act’’). See Bulk Department of Commerce. In accordance with section 773(d) of Aspirin from the People’s Republic of the Act, the Department normally would ACTION: Notice of Amended Final China; Final Results of Antidumping direct the U.S. Bureau of Customs and Results of Antidumping Duty Duty Administrative Review, 68 FR Border Protection (BCBP) to suspend Administrative Review. 48337 (August 13, 2003) (‘‘Final liquidation and to require a cash deposit Results’’). On August 18, 2003, Rhodia, EFFECTIVE DATE: September 19, 2003. of estimated duties, at the applicable Inc. (‘‘petitioner’’), timely filed rate, on all unliquidated entries of bulk FOR FURTHER INFORMATION CONTACT: Julie ministerial error allegations pursuant to pasta from Italy produced by Pagani, not Santoboni or Blanche Ziv, Office 1, AD/ 19 CFR 351.224(c)(2).1 The respondents accompanied by appropriate CVD Enforcement, Import certification, that were entered, or Administration, International Trade 1 On September 10, 2003, the Department withdrawn from warehouse, for Administration, U.S. Department of received the ministerial error allegation with

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in this review, Jilin Henghe exclusive domestic price of acetic acid People’s Republic of China; Allegations Pharmaceutical Company Ltd. (‘‘Jilin’’) sold on the Mumbai Market. of Ministerial Errors’’ dated September and Shandong Xinhua Pharmaceutical In accordance with section 735(e) of 12, 2003 which is on file in the Central Co., Ltd. (‘‘Shandong’’) did not file the Act, we have determined that Records Unit, room B-099 of the main ministerial error allegations or comment ministerial errors were made in our final Department building. on the petitioner’s allegations. results margin calculations. Specifically In accordance with 19 C.F.R. we find that the incorrect calculation of 351.224(e), we are amending the final The petitioner contends that the Shandong’s credit expense and that the results of the antidumping duty Department failed to apply the incorrect calculation of the domestic administrative review of bulk aspirin calculated credit rate to Shandong’s U.S. price of acetic acid constitute clerical from the PRC to correct these ministerial sales and incorrectly calculated the errors. For a detailed discussion of all of errors. However, the amended weighted- credit period. In the calculation of the the ministerial error allegations and the average margins are identical to the surrogate value for acetic acid for Jilin Department’s analysis, see weighted-average margins in the final and Shandong, the petitioner contends Memorandum to Susan Kuhbach, results (see Final Results). The that the Department incorrectly ‘‘Antidumping Duty Administrative weighted-average dumping margins for deducted taxes from the already tax- Review of Bulk Aspirin from the Jilin and Shandong are listed below:

Original Weighted-average margin Amended Results Weighted-average Producer//Manfacturer/Exporter percentage margin percentage

Jilin Henghe Pharmaceutical Company Ltd...... 0.00 0.00 Shandong Xinhua Pharmaceutical Co., Ltd...... 0.00 0.00

Cash Deposit Rates with sections 751(a)(1) and 771(i)(1) of U.S. Department of Commerce, 14th The following deposit rates will be the Act. Street and Constitution Avenue NW., effective upon publication of these final Dated: September 12, 2003. Washington, DC 20230. results for all shipments of bulk aspirin Joseph A. Spetrini, SUPPLEMENTARY INFORMATION from the PRC entered, or withdrawn Acting Assistant Secretary for Import from warehouse, for consumption on or Administration. Background after the publication date of this notice, [FR Doc. 03–23962 Filed 9–18–03; 8:45 am] As a result of the antidumping duty as provided for by section 751(a)(1) of BILLING CODE 3510–DS–S the Act: (1) for Shandong and Jilin, order issued following the completion which have separate rates, no of the less-than-fair-value investigation antidumping duty deposit will be DEPARTMENT OF COMMERCE of certain softwood lumber products required; (2) for a company previously from Canada, imports of softwood found to be entitled to a separate rate International Trade Administration lumber from Monterra, a subsidiary of respondent company Weyerhaeuser and for which no review was requested, [A–122–838] the cash deposit rate will be the rate Company Limited (Weyerhaeuser), established in the most recent review of Certain Softwood Lumber Products became subject to a cash deposit rate of that company; (3) for all other PRC from Canada: Notice of Final Results 12.39 percent (See Notice of Amended exporters the cash deposit rate will be of Antidumping Duty Changed Final Determination of Sales at Less 144.02 percent, the PRC-wide rate Circumstances Review Than Fair Value and Antidumping established in the less than fair value Order: Certain Softwood Lumber investigation; and (4) for non-PRC AGENCY: Import Administration, Products from Canada, 67 FR 36068 exporters of subject merchandise from International Trade Administration, (May 22, 2002)). On February 4, 2003, the PRC, the cash deposit rate will be Department of Commerce. Monterra notified the Department that the rate applicable to the PRC supplier ACTION: Notice of final results of effective December 23, 2002, of that exporter. These deposit rates antidumping duty changed Weyerhaeuser sold its interest in shall remain in effect until publication circumstances review. Monterra to 1554545 Ontario, Inc. of the final results of the next (1554545 Ontario), a wholly owned SUMMARY: The Department has subsidiary of Tercamm Corp., a administrative review. determined that entries of certain These cash deposit requirements, privately owned Canadian investment softwood lumber products produced when imposed, shall remain in effect company. As a result, Monterra and exported by Monterra Lumber Mills until publication of the final results of requested that the Department conduct Limited (Monterra) shall be subject to the next administrative review. a changed circumstances review in the ‘‘All Others’’ cash deposit rate of order to conclude that, effective Assessment Rates 8.43 percent as of the date of December 23, 2002, it should be subject The Department will issue publication of this notice in the Federal to the ‘‘All Others’’ cash deposit rate of appropriate assessment instructions Register. 8.43 percent, rather than directly to the Bureau of Customs and EFFECTIVE DATE: September 19, 2003. Weyerhaeuser’s 12.39 percent rate. On Border Protection within 15 days of FOR FURTHER INFORMATION CONTACT: March 27, 2003, the Department publication of these amended final Keith Nickerson or Constance Handley, published a notice of initiation of a results of review. at (202) 482–3813 or (202) 482–0631, changed circumstances review to We are issuing and publishing this respectively; Import Administration, determine whether entries naming determination and notice in accordance International Trade Administration, Monterra as manufacturer and exporter

amended bracketing of business proprietary information from Rhodia.

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should receive the ‘‘All Others’’ cash determines that entries of certain DEPARTMENT OF COMMERCE deposit rate of 8.43 percent. softwood lumber products produced On April 29, 2003, Monterra, at the and exported by Monterra shall receive International Trade Administration request of the Department, submitted the ‘‘All Others’’ cash deposit rate of additional information and 8.43 percent. In addition, because cash [A–583–830] documentation regarding its sale by deposits are only estimates of the Weyerhaeuser to 1554545 Ontario. On amount of antidumping duties that will Stainless Steel Plate in Coils From 1 May 8, 2003, the petitioner submitted be due, changes in cash deposit rates are Taiwan: Extension of Time Limit for the comments on the information provided not made retroactively. Accordingly, we Final Results of the Antidumping Duty by Monterra and requested that the are denying Monterra’s request to have Administrative Review Department issue a supplemental the cash deposit rate of 8.43 percent questionnaire. On May 21, 2003, the made effective as of December 23, 2002. AGENCY: Import Administration, Department issued a supplemental See Certain Hot-Rolled Lead and International Trade Administration, questionnaire requesting further details Department of Commerce. and documentation surrounding the sale Bismuth Carbon Steel Products From and purchase, which were provided by the United Kingdom: Final Results of ACTION: Notice of extension of time limit Monterra in its subsequent submission Changed-Circumstances Antidumping for the final results of antidumping duty of June 4, 2003. The petitioner did not and Countervailing Duty Administrative administrative review. comment on Monterra’s June 4, 2003, Reviews, 64 FR 66,880 (November 30, 1999). The new deposit rate will become submission. EFFECTIVE DATE: September 19, 2003. On July 25, 2003, the Department effective upon publication of this notice published the preliminary results of this in the Federal Register. FOR FURTHER INFORMATION CONTACT: changed circumstances review and Catherine Bertrand, AD/CVD Instructions to the U.S. Bureau of preliminarily determined that entries Enforcement, Group III, Office 9, Import Customs and Border Protection (BCBP) naming Monterra as manufacturer and Administration, International Trade exporter should receive the ‘‘All The Department will instruct the Administration, U.S. Department of Others’’ cash deposit rate of 8.43 BCBP to apply the ‘‘All Others’’ cash Commerce, 14th Street and Constitution percent. See Certain Softwood Lumber deposit rate of 8.43 percent to all Avenue, NW., Washington DC 20230; Products From Canada: Notice of shipments of the subject merchandise telephone: (202) 482–3207. Preliminary Results of Antidumping produced and exported by Monterra Background Duty Changed Circumstances Review, entered, or withdrawn from warehouse, 68 FR 44048 (July 25, 2003) for consumption, on or after the On June 4, 2003, the Department of (Preliminary Results). In addition, we publication date of this notice. This Commerce (‘‘the Department’’) denied Monterra’s request to have the cash deposit rate shall remain in effect published the preliminary rescission of cash deposit rate of 8.43 percent made the administrative review of the effective as of December 23, 2002. In the until publication of the final results of antidumping duty order on stainless Preliminary Results, we stated that the on-going administrative review. steel plate in coils from Taiwan. See interested parties could request a This notice also serves as a reminder hearing or submit case briefs and/or to parties subject to administrative Preliminary Rescission of Antidumping written comments to the Department no protective orders (APOs) of their Duty Administrative Review: Stainless later than 30 days after publication of responsibility concerning the Steel Plate in Coils from Taiwan, 68 FR the Preliminary Results notice in the disposition of proprietary information 33472 (June 4, 2003). The final results Federal Register, and submit rebuttal disclosed under APO in accordance of this administrative review are briefs, limited to the issues raised in with 19 CFR 351.306. Timely written currently due no later than October 2, those case briefs, seven days subsequent notification of the return/destruction of 2003. to this due date. We did not receive any APO materials or conversion to judicial Extension of Time Limit for Preliminary hearing requests or comments on the protective order is hereby requested. Results Preliminary Results. Failure to comply with the regulations Scope of the Order and terms of an APO is a sanctionable Due to the complexity of issues violation. present in this administrative review, The products covered by this order such as complicated affiliation issues This notice is in accordance with are softwood lumber, flooring and and middleman dumping allegations, siding (softwood lumber products) as sections 751(b)(1) and 777(i)(1) of the the Department has determined that it is previously identified and described in Act and 19 CFR 351.216 and not practicable to complete this review the preliminary results of this changed 351.221(b)(5). within the original time period provided circumstances review. Dated: September 15, 2003. in section 751(a)(3)(A) of the Tariff Act Final Results of Changed James J. Jochum, of 1930, as amended, and section Circumstances Review Assistant Secretary for Import 351.213(h)(2) of the Department’s Based on the information provided by Administration. regulations. Given the complexity of Monterra and the fact that the [FR Doc. 03–23963 Filed 9–18–03; 8:45 am] these issues and the large amount of Department did not receive any BILLING CODE 3510–DS–P information collected during the review, comments during the comment period the Department needs additional time to following the preliminary results of this review the record of this proceeding and review, the Department hereby make a determination. Therefore, we are extending the due date for the final 1 The petitioner in this proceeding is the results by 30 days, until no later than Coalition for Fair Lumber Imports Executive Committee. November 1, 2003.

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Dated: September 15, 2003. (62 FR 55783, October 28, 1997); DEPARTMENT OF COMMERCE Joseph A. Spetrini, November 2, 1998 (63 FR 60304, Deputy Assistant Secretary for Import November 9, 1998); October 20, 1999 National Oceanic and Atmospheric Administration, Group III. (64 FR 57438, October 25, 1999); Administration [FR Doc. 03–23964 Filed 9–18–03; 8:45 am] October 16, 2000 (65 FR 63567, October Availability of Seats for the Florida BILLING CODE 3510–DS–P 24, 2000); October 5, 2001 (66 FR 52111, Keys National Marine Sanctuary October 12,2001); and October 3, 2002 Advisory Council (67 FR 62957, October 9, 2002). DEPARTMENT OF COMMERCE NFE’s Export Trade Certificate of AGENCY: National Marine Sanctuary Program (NMSP), National Ocean International Trade Administration Review has been amended to: Service (NOS), National Oceanic and 1. Add each of the following Export Trade Certificate of Review Atmospheric Administration, companies as a new ‘‘Member’’ of the Department of Commerce (DOC). AGENCY: International Trade Certificate within the meaning of ACTION: Notice and request for Administration, Commerce. § 325.2(1) of the Regulations (15 CFR applications. ACTION: Notice of issuance of an 325.2(1)): Cervantes Packing and amended Export Trade Certificate of Storage, LLC, Sunnyside, Washington; SUMMARY: The Florida Keys National Review, Application No. 84–14A12. Fox Orchards, Mattawa, Washington; Marine Sanctuary (FKNMS) is seeking and Garrett Ranches Packing, Wilder, applicants for the following vacant seats SUMMARY: The Department of Commerce Idaho; on its Sanctuary Advisory Council has issued an amendment to the Export (Council): Trade Certificate of Review granted to 2. Delete the following companies as Members Northwest Fruit Exporters (‘‘NFE’’) on ‘‘Members’’ of the Certificate: Keystone June 11, 1984. Notice of issuance of the Fruit Co., L.L.C. dba Keystone Ranch, Local Elected Official. Certificate was published in the Federal Riverside, Washington; Naumes, Inc., Citizen-at-Large—Middle Keys. Register on June 14, 1984 (49 FR 24581). Chelan, Washington; Phillippi Fruit Co., Citizen-at-Large—Lower Keys. Tourism—Upper Keys. FOR FURTHER INFORMATION CONTACT: Inc., Wenatchee, Washington; and Tourism—Lower Keys. Jeffrey C. Anspacher, Director, Office of Valicoff Fruit Company, Wapato, Washington; and Diving—Upper Keys. Export Trading Company Affairs, Diving—Lower Keys. International Trade Administration, 3. Change the listing of the following Charter Fishing/Flats Guide. (202) 482–5131 (this is not a toll-free Members: ‘‘Bertha’s Marketing, Inc., Commercial Fishing—Shell/Scale. number) or e-mail at [email protected]. Wenatchee, Washington’’ to the new Commercial Fishing—Marine/Tropical. SUPPLEMENTARY INFORMATION: Title III of listing ‘‘Bertha’s Marketing Inc., Conservation and Environment. the Export Trading Company Act of Wenatchee, Washington’’; ‘‘Lloyd Education/Outreach. 1982 (15 U.S.C. 4001–4021) authorizes Garretson, Co., Yakima, Washington’’ to Research/Monitoring. the Secretary of Commerce to issue the new listing ‘‘Lloyd Garretson Co., Submerged Cultural Resources. Export Trade Certificates of Review. The Yakima, Washington’’; ‘‘Sund-Roy, Alternates regulations implementing Title III are L.L.C., Yakima, Washington’’ to the new found at 15 CFR part 325 (2002). listing ‘‘Sund-Roy L.L.C., Yakima, Local Elected Official. The Office of Export Trading Citizen-at-Large—Middle Keys. Washington’’; ‘‘Trout-Blue Chelan, Inc., Citizen-at-Large—Lower Keys. Company Affairs (‘‘OETCA’’) is issuing Chelan, Washington’’ to the new listing this notice pursuant to 15 CFR 325.6(b), Tourism—Upper Keys. ‘‘Chelan Fruit Company, Chelan, Tourism—Lower Keys. which requires the Department of Washington’’; and ‘‘Valley Fruit III, LLC, Commerce to publish a summary of the Diving—Upper Keys. Wapato, Washington’’ to the new listing Diving—Lower Keys. certification in the Federal Register. ‘‘Valley Fruit III LLC, Wapato, Boating. Under section 305(a) of the Act and 15 Washington’’. Charter Fishing/Flats Guide. CFR 325.11(a), any person aggrieved by Charter/Sports Fishing. The effective date of the amended the Secretary’s determination may, Commercial Fishing—Shell/Scale. within 30 days of the date of this notice, certificate is June 20, 2003. A copy of Commercial Fishing—Marine/Tropical. bring an action in any appropriate the amended certificate will be kept in Conservation and Environment (1). district court of the United States to set the International Trade Administration’s Conservation and Environment (2). aside the determination on the ground Freedom of Information Research/Monitoring. that the determination is erroneous. Records Inspection Facility, Room Submerged Cultural Resources. Description of Amended Certificate 4102, U.S. Department of Commerce, DATES: Applications are due by October 14th Street and Constitution Avenue, 10, 2003. Export Trade Certificate of Review ADDRESSES: Application kits may be No. 84–00012, was issued to NFE on NW., Washington, DC 20230. obtained from Fiona Wilmot, FKNMS, June 11, 1984 (49 FR 24581, June 14, Dated: September 11, 2003. P.O. Box 500368, Marathon, FL 33050, 1984) and previously amended on May Jeffrey C. Anspacher, [email protected], (305) 743– 2, 1988 (53 FR 16306, May 6, 1988); Director, Office of Export Trading Company 2437 ext. 27. Address inquiries and September 21, 1988 (53 FR 37628, Affairs. return completed applications to her. September 27, 1988); September 20, [FR Doc. 03–23967 Filed 9–18–03; 8:45 am] 1989 (54 FR 39454, September 26, SUPPLEMENTARY INFORMATION: Is 1989); November 19, 1992 (57 FR 55510, BILLING CODE 3510–DR–P available on the FKNMS Web site at November 25, 1992); August 16, 1994 http://www.fknms.nos.noaa.gov. (59 FR 43093, August 22, 1994); Authority: 16 U.S.C. sections 1431, et seq. November 4, 1996 (61 FR 57850, (Federal Domestic Assistance Catalog November 8, 1996); October 22, 1997 Number 11.429 Marine Sanctuary Program)

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Dated: September 12, 2003. Background Description of Activities Richard W. Spinrad, Vandenberg is the main west coast Assistant Administrator, Ocean Services and Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 1361 launch facility for placing commercial, Coastal Zone Management, National Oceanic government, and military satellites into and Atmospheric Administration. et seq.)(MMPA) directs the Secretary of Commerce (Secretary) to allow, upon polar orbit in expendable (unmanned) [FR Doc. 03–23929 Filed 9–18–03; 8:45 am] launch vehicles, and for testing and BILLING CODE 3510–NK–M request, the incidental, but not intentional taking of marine mammals evaluation of intercontinental ballistic by U.S. citizens who engage in a missiles and sub-orbital target and interceptor missiles. In addition to DEPARTMENT OF COMMERCE specified activity (other than commercial fishing) within a specified space vehicle and missile launches, National Oceanic and Atmospheric geographical region if certain findings there are security, aerial photography, Administration are made and regulations are issued. training, transport, and search and rescue helicopter operations, and test Permission may be granted for periods and evaluation flights of fixed-wing air [I.D. 080603B] of 5 years or less if the Secretary finds craft. that the taking will have a negligible Currently five space launch vehicle Taking and Importing Marine impact on the species or stock(s), will Mammals; Taking Marine programs use Vandenberg to launch not have an unmitigable adverse impact satellites into polar orbit, including the MammalsIncidental to Space Vehicle on the availability of the species or and Test Flight Activities from Atlas II, Delta II, Minotaur, Taurus, and stock(s) for subsistence uses, and Titan (II and IV). Two new programs, Vandenberg Air Force Base regulations are prescribed setting forth (Vandenberg), CA Evolved Expendable Launch Vehicle the permissible methods of taking and (EELV) and Space X, are scheduled to AGENCY: National Marine Fisheries the requirements pertaining to the make their inaugural launches at Service (NMFS), National Oceanic and monitoring and reporting of such taking. Vandenberg in 2004 with a Boeing Delta Atmospheric Administration (NOAA), NMFS has defined ‘‘negligible IV vehicle. The EELV program will Commerce. impact’’ in 50 CFR 216.103 as ‘‘an eventually replace many of the other ACTION: Notice of receipt of application impact resulting from the specified programs, but initially there will be an for an incidental take authorization; activity that cannot be reasonably overlap in the launches of each request for comments and information. expected to, and is not reasonably likely program. The Space X is a commercial to, adversely affect the species or stock program which will launch small SUMMARY: NMFS has received a request through effects on annual rates of payloads into low earth orbit. from the 30th Space Wing, U.S. Air recruitment or survival.’’ The MMPA There are a variety of small missiles Force (USAF) for the harassment of defines ‘‘harassment’’ as: launched from Vandenberg, including small numbers of pinnipeds incidental any act of pursuit, torment, or annoyance the Peacekeeper, Minuteman III, and to space vehicle and test flight activities which (i) has the potential to injure a marine several types of interceptor and target from Vandenberg Air Force Base, CA mammal or marine mammal stock in the wild vehicles for the National Missile (Vandenberg) between January 1, 2004, [Level A harassment]; or (ii) has the potential Defense program. The missile launch and December 31, 2008. As a result of to disturb a marine mammal or marine facilities are spread throughout North that request, NMFS is considering mammal stock in the wild by causing Vandenberg and are within 0.65 to 3.9 whether to authorize the incidental disruption of behavioral patterns, including, km (0.40 to 2.4 mi)of the recently taking of marine mammals under Letters but not limited to, migration, breathing, occupied Lion’s Head haul-out site and of Authorization (LOAs) for this nursing, breeding, feeding, or sheltering approximately 11 to 16.5 km (6.8 to 10.3 activity. In order to issue LOAs, NMFS [Level B harassment]. mi) north of the Spur Road and must determine that the total taking will Summary of Request Purisima Point harbor seal haul-out have a negligible impact on the affected sites. species and stocks of marine mammals. On September 2, 2003, NMFS A detailed description of the NMFS invites comment on the received an application from the USAF, operations is contained in the USAF application. under section 101(a)(5)(A) of the application (USAF, 2003) and in the DATES: Comments and information must MMPA, requesting authorization, July, 1997 Environmental Assessment, be postmarked no later than October 20, effective from January 1, 2004, through which are available upon request (see 2003. December 31, 2008, for the harassment ADDRESSES). For more information of small numbers of six species of regarding the National Environmental ADDRESSES: Comments should be marine mammals incidental to space Policy Act documents on launch addressed to the Chief, Marine Mammal vehicle and test flight activities vehicles at Vandenberg, please contact Conservation Division, Office of conducted by the USAF on Vandenberg. the 30th Space Wing, U.S. Air Force, 30 Protected Resources, National Marine The current regulations and LOA for the CES/CEV, 806 13th Street, Suite 116, Fisheries Service, 1315 East-West same activity will expire on December Vandenberg AFB, California, 93437. Highway, Silver Spring, MD 20910– 31, 2003. New regulations, if 3226. A copy of the application may be implemented, would allow NMFS to Information Solicited obtained by writing to this address, or continue issuing annual LOAs to USAF This document is being published in by telephoning the contact listed here at Vandenberg. For detailed information conformance with NMFS regulations (see FOR FURTHER INFORMATION CONTACT). please refer to the previous rulemaking implementing the incidental take Comments will not be accepted if (64 FR 9925, March 1, 1999) and recent program (50 CFR 216.104(b)(1)(ii)). submitted via e-mail or the Internet. LOAs issued on October 8, 1999 (64 FR NMFS requests interested persons to FOR FURTHER INFORMATION CONTACT: 54866), June 14, 2000 (65 FR 37361), submit comments, information, and Kimberly Skrupky, NMFS, 301–713– June 1, 2001 (66 FR 29774), January 22, suggestions concerning the request and 2322, ext 163. 2002 (67 FR 2820), and May 12, 2003 the structure and content of the SUPPLEMENTARY INFORMATION: (68 FR 25347). regulations to allow the taking. NMFS

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will consider this information in All other information previously DEPARTMENT OF DEFENSE developing regulations to authorize the published remains the same. Department of the Navy taking. Prior to submitting comments, Dated: September 15, 2003. NMFS recommends reviewers of this document read the responses to Richard W. Surdi, Notice of Intent To Grant Partially comments provided for the previous Acting Director, Office of Sustainble Fisheries, Exclusive License; Unique rulemaking for this activity (see 64 FR National Marine Fisheries Service. Technologies, Inc. [FR Doc. 03–23992 Filed 9–18–03; 8:45 am] 9925, March 1, 1999), as NMFS does not AGENCY: Department of the Navy, DOD. intend to address these issues further BILLING CODE 3510–22–S ACTION: Notice. without the submission of additional scientific information supporting the SUMMARY: The Department of the Navy comment. After NMFS proposes gives notice of its intent to grant Unique regulations to govern marine mammal DEPARTMENT OF DEFENSE Technologies, Inc., a revocable, take authorizations, it will accept nonassignable, partially exclusive comments on the proposed. Department of the Navy license, with exclusive fields of use in commercial and residential bactericide Dated: September 12, 2003. Meeting of the Board of Visitors of Laurie K. Allen, and fungicide, commercial and Marine Corps University residential decontamination, fuel Acting Office Director, Office of Protected Resources, National Marine Fisheries Service. additive, post harvest preservation, pre- AGENCY: Department of the Navy, DOD. emergent, fuel additives and frost [FR Doc. 03–23993 Filed 9–18–03; 8:45 am] ACTION: Notice of open meeting. mediation, in the United States to BILLING CODE 3510–22–S practice the Government-Owned SUMMARY: The Board of Visitors of the inventions, U.S. Patent Application DEPARTMENT OF COMMERCE Marine Corps University (BOV MCU) Serial Number 10/283,352 entitled will meet to review, develop and ‘‘Nitrate-Hydrogen Peroxide Chemical Adducts and Use thereof’’ , U.S. Patent National Oceanic and Atmospheric provide recommendations on all aspects Number 6,165,295 entitled ‘‘Gas- Administration of the academic and administrative Generating Liquid Compositions policies of the University; examine all [I.D. 090403F] (PERSOL 1)’’ and U.S. Patent Number aspects of professional military Pacific Fishery Management Council; 6,230,491 entitled ‘‘Gas-Generating education operations; and provide such Liquid Compositions (PERSOL 1).’’ Public Meeting; Correction oversight and advice as is necessary to DATES: Anyone wishing to object to the AGENCY: National Marine Fisheries facilitate high educational standards grant of this license must file written Service (NMFS), National Oceanic and and cost effective operations. The Board objections along with supporting Atmospheric Administration (NOAA), will be discussing the 2005 evidence, if any, not later than October Commerce. accreditation process and the quality 10, 2003. enhancement plan, the University’s ACTION: Notice of an addition to a public ADDRESSES: Written objections are to be meeting notice. Strategic Plan and Mission Statement, filed with Indian Head Division, Naval the status of Academic Chairs, Senior Surface Warfare Center, Code OC4, 101 SUMMARY: The Pacific Fishery Leader Development Program, as well as Strauss Avenue, Indian Head, MD Management Council (Council) will electing a new Chair and Secretary of 20640–5035. convene a public meeting of the Ad Hoc the Board. All sessions of the meeting FOR FURTHER INFORMATION CONTACT: Dr. Vessel Monitoring System (VMS) will be open to the public. J. Scott Deiter, Head, Technology Committee. DATES: The meeting will be held on Transfer Office, Naval Surface Warfare DATES: The Ad Hoc VMS Committee Thursday, October 9, 2003, from 8 a.m. Center Indian Head Division, Code 05T, will meet Tuesday, October 7, 2003 to 5 p.m. and on Friday, October 10, 101 Strauss Avenue, Indian Head, MD beginning at 8:30 a.m. and continuing 2003, from 8 a.m. to 11:15 a.m. 20640–5035, telephone (301) 744–6111. until business for the day is completed. Dated: September 10, 2003. ADDRESSES: The meeting will be held at ADDRESSES: The meeting will be held in E.F. McDonnell, the West Conference Room at the Pacific the Parris Island, South Carolina, Osprey Inn (Bachelor’s Officer Quarters) Major, U.S. Marine Corps, Federal Register Fishery Management Council, 7700 NE Liaison Officer. Osprey Conference Room. The address Ambassador Place, Suite 200, Portland, [FR Doc. 03–23912 Filed 9–18–03; 8:45 am] is Building 289, Parris Island, South OR 97220–1384; telephone: (503) 820– BILLING CODE 3810–FF–P 2280. Carolina 29905. FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT: Mike Burner, Pacific Fishery Mary Lanzillotta, Executive Secretary, DEPARTMENT OF EDUCATION Management Council Groundfish Staff Marine Corps University Board of Officer; telephone: (503) 820–2280. Visitors, 2076 South Street, Quantico, Office of Special Education and SUPPLEMENTARY INFORMATION: The initial Virginia 22134, telephone number (703) Rehabilitative Services; List of notification of this meeting was 784–4037. Correspondence published in the Federal Register on Dated: September 9, 2003. AGENCY: Department of Education. September 15, 2003, (68 FR 53966). The E.F. McDonnell, ACTION: List of correspondence from following addition is being made to the April 1, 2003 through June 30, 2003. agenda: Major, U.S. Marine Corps, Federal Register We will discuss the adoption of Liaison Officer. SUMMARY: The Secretary is publishing transiting only requirements for fixed [FR Doc. 03–23911 Filed 9–18–03; 8:45 am] the following list pursuant to section gear vessels in the non-trawl RCA. BILLING CODE 3810–FF–P 607(d) of the Individuals with

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Disabilities Education Act (IDEA). to assess the student’s proficiency in no viable alternative to construction of Under section 607(d) of IDEA, the ASL. a new separate facility. Secretary is required, on a quarterly Section 603—Office of special education Topic Addressed: State Educational basis, to publish in the Federal Register programs Agency General Supervisory Authority a list of correspondence from the Department of Education received by Topic Addressed: Responsibilities of the • Letter dated June 25, 2003 to individuals during the previous quarter Office of Special Education Programs individual (personally identifiable information redacted), clarifying the that describes the interpretations of the • Letter dated April 16, 2003 to the State Educational Agency’s general Department of Education of the IDEA or National Council on Disability General supervisory responsibilities and the regulations that implement the Counsel Jeff Rosen, regarding the efforts explaining that the IDEA and its IDEA. of the Office of Special Education implementing regulations do not (1) Programs (OSEP) to focus its monitoring FOR FURTHER INFORMATION CONTACT: specify the manner or method in which system on better outcomes for infants, Melisande Lee or JoLeta Reynolds. a State educational agency (SEA) must toddlers, children and youth with Telephone: (202) 205–5507 (press 3). conduct an independent onsite- If you use a telecommunications disabilities and their families. • investigation of a complaint or (2) device for the deaf (TDD), you may call OSEP memorandum 03–5 dated require that students with disabilities the Federal Information Relay Service April 8, 2003 to Chief State School attain particular graduation rates for a (FIRS) at 1–800–877–8339. Officers and Lead Agency Directors, State to meet its obligations under the Individuals with disabilities may regarding OSEP’s implementation of the IDEA. obtain a copy of this notice in an Continuous Improvement and Focused alternative format (e.g., Braille, large Monitoring System to target resources Topic Addressed: Participation of print, audiotape, or computer diskette) on those performance issues most Children with Disabilities in State and on request to the contact persons listed closely related to improved results for District-Wide Assessments in the preceding paragraph. children with disabilities and to those • Letter dated June 26, 2003 to States most in need of improvement on individual (personally identifiable SUPPLEMENTARY INFORMATION: The those performance issues. following list identifies correspondence information redacted), regarding (a) from the Department issued from April Part B—Assistance for Education of all participation by students placed in 1, 2003 through June 30, 2003 with the Children with Disabilities private schools or facilities in State and district-wide assessments and in exception of two letters, one dated Section 611—Authorization; Allotment; March 17, 2003, which was alternate assessments; (b) the Use of Funds; Authorization of appropriate configuration and authority inadvertently omitted from the 1st Appropriations Quarter list, and one dated August 1, of the IEP team; (c) the provision of 2003, which relates to the subject matter Section 619—Preschool Grants direct services by the SEA and remedies of the March 17, 2003 letter. available under State complaint Topic Addressed: Allocation of Grants procedures; (d) the filing of a State Included on the list are those letters • that contain interpretations of the OSEP memorandum 03–7 dated complaint in an alternative format and requirements of the IDEA and its April 15, 2003 to State Directors of the completeness of a complaint implementing regulations, as well as Special Education, regarding calculating investigation; and (e) procedural State grants and the determination of safeguards for parents with disabilities. letters and other documents that the • Department believes will assist the the age cohort for which each State Letter dated April 10, 2003 to New public in understanding the ensures the availability of a free York State Education Department requirements of the law and its appropriate public education (FAPE). Deputy Commissioner Lawrence Gloeckler, regarding a State’s ability to regulations. The date and topic Section 612—State Eligibility addressed by a letter are identified, and (1) determine what accommodations in summary information is also provided, Topic Addressed: Free Appropriate administration invalidate a test or a part as appropriate. To protect the privacy Public Education thereof and (2) provide appropriate direction to school districts and IEP interests of the individual or individuals • Letter dated June 27, 2003 to teams on issues including the design involved, personally identifiable individual (personally identifiable and constructs measured by various information has been deleted, as information redacted), clarifying required tests, which accommodations appropriate. whether Federal funds provided under and modifications in administration are the IDEA can be used to pay tuition at Part A—General Provisions valid, and which accommodations and public or private State-approved special modifications would invalidate the Section 602—Definitions education programs designed to offer assessment or part of the assessment. Topic Addressed: Child With a parents alternate State-approved school Disability placement options. Section 613—Local Educational Agency Eligibility • Letter dated June 30, 2003 to Topic Addressed: Least Restrictive individual (personally identifiable Environment Topic Addressed: Charter Schools information redacted), clarifying that • Letter dated June 26, 2003 to • Letter dated April 4, 2003 to Hawaii although neither the IDEA nor its Maryland Disability Law Center Department of Education Special implementing regulations require that Managing Attorney Leslie S. Margolis, Education Director Debra Farmer, students who are deaf or hard of hearing clarifying that OSEP does not intervene clarifying the State’s obligations, under be assessed to determine their American in State decisions regarding its unitary school system and parental Sign Language (ASL) skills or construction of new schools and that choice programs, to provide a FAPE to proficiency, the individualized there are no statutory or regulatory students with disabilities whose parents education program (IEP) may specify provisions which require a State to take choose to place them in a charter that certain assessment methods be used certain steps before concluding there is school.

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Section 614—Evaluations, Eligibility disability that served as the basis for the at this site. If you have questions about Determinations, Individualized eligibility determination and (2) the ten- using PDF, call the U.S. Government Education Programs, and Educational day timeline set forth in 34 CFR Printing Office (GPO), toll free, at 1– Placements 300.523(a)(2) is not intended to 888–293–6498; or in the Washington, preclude the IEP team from making an DC, area at (202) 512–1530. Topic Addressed: Evaluations and appropriate determination that Note: The official version of this document Reevaluations additional evaluations must be • is published in the Federal Register. Free Letter dated June 26, 2003 to completed in order to make a Internet access to the official edition of the Maryland Department of Education manifestation determination. Federal Register and the Code of Federal Assistant State Superintendent Carol • Letter dated March 17, 2003 to New Regulations is available on GPO Access at: Ann Baglin, clarifying that (1) the Hampshire Department of Education http://www.gpoaccess.gov/nara/index.html. determination of whether a child Consultant Terry Brune, clarifying that, suspected of having a specific learning while the IDEA statute and regulations (Catalog of Federal Domestic Assistance do not address the issue of conducting Number 84.027, Assistance to States for disability is a child with a disability Education of Children with Disabilities). must be made by the parents and a team more than one manifestation Dated: September 16, 2003. of qualified professionals and (2) it determination review for the same would not be inconsistent with the incidence of behavior, any new Robert H. Pasternack, IDEA for a State to require that the information regarding the incident Assistant Secretary for Special Education and child’s parent be afforded the could be used as a basis for an IEP Rehabilitative Services. opportunity to provide a statement meeting to reexamine the student’s [FR Doc. 03–23975 Filed 9–18–03; 8:45 am] presenting his or her conclusion program and placement. BILLING CODE 4000–01–P regarding the determination of Part C—Infants and Toddlers with eligibility. Disabilities • Letter dated April 10, 2003 to New DEPARTMENT OF ENERGY York State Education Department Section 636—Individualized Family Deputy Commissioner Lawrence Service Plan Federal Energy Regulatory Commission Gloeckler, clarifying that (1) the IDEA Topic Addressed: Early Intervention statute and Part B regulations reflect the Services [Docket No. ER03–262–001, et al.] clear and unequivocal intent of • Congress to support parents’ rights to Letter dated June 30, 2003 to Order Announcing Commission individual (personally identifiable choose whether their children would be Inquiry Into Midwest ISO–PJM RTO information redacted), clarifying that enrolled initially in special education Issues the regulations implementing Part C and (2) an individual parent’s refusal to require that (1) written parental consent consent to the initial provision of Issued September 12, 2003 be obtained before conducting the initial special education and related services evaluation and placement of a child and Before Commissioners: Pat Wood, III, relieves the State’s obligation to provide Chairman; William L. Masseyand Nora before initiating the provision of early FAPE to that child until the parent Mead Brownell. intervention services and (2) there is no provides that consent. In the matter of: ER03–262–001, ER03– provision authorizing public agencies to 262–004, ER03–262–005, ER03–262–007, Topic Addressed: Individualized use mediation or due process EC98–40–000, ER98–2770–000, ER98–2786– Education Programs procedures to override a parent’s refusal 000, EL02–65–006, EL02–65–000 et al., to consent to the initial provision of • Letter dated June 4, 2003 to RT01–88–016; The new PJM Companies: early intervention or special education American Electric Power Service Corp.; On individual (personally identifiable and related services. behalf of its operating companies: information redacted), regarding the Appalachian Power Company, Columbus audio or video recording of IEP Section 641—State Interagency Southern Power Company, Indiana Michigan meetings. Coordinating Council Power Company, Kentucky Power Company, • Letter dated April 2, 2003 to Sonja Topic Addressed: State Interagency Kingsport Power Company, Ohio Power D. Kerr, Esq., clarifying that neither the Company, and Wheeling Power Company, Coordinating Council IDEA nor the final regulations (1) Commonwealth Edison Company, and address the ‘‘write-up’’ of the IEP • OSEP memorandum 03–6 dated Commonwealth Edison Company of Indiana, (whether or not parents must be April 15, 2003, regarding the Inc. The Dayton Power and Light Company, physically present when the IEP is requirements for submitting annual and PJM Interconnection, LLC, American Electric Power Company, Inc., and Central written is a State issue) or (2) prohibit performance reports, and clarifying that a single report can be used to satisfy and South West Corporation, Ameren the parties from using an IEP developed Services Company, Illinois Power Company. during a conciliation conference or from both the Education Department General making offers of settlement or Regulations and the Part C Interagency 1. In various proceedings and at a submitting such settlement offers to a Coordinating Council reporting recent technical conference in 1 hearing officer or court. requirements. Wilmington, Delaware, several Midwest and Mid-Atlantic states have Electronic Access to This Document Section 615—Procedural Safeguards supported efforts by their utilities to You may view this document, as well Topic Addressed: Manifestation increase regional coordination by as all other Department of Education Determination Review joining regional transmission documents published in the Federal • Letter dated August 1, 2003 to Register, in text or Adobe Portable 1 This regional technical conference was held on Vermont Department of Education Legal Document Format (PDF) on the Internet August 28, 2003. See Notice on (‘‘continued) Counsel Geoffrey A. Yudien, clarifying at the following site: http://www.ed.gov/ Technical Conference dated August 19, 2003, Remedying Undue Discrimination through Open that (1) nothing in the IDEA statute or news/fedregister. Access Transmission Service and Standard regulations limits a manifestation To use PDF you must have Adobe Electricity Market Design, Docket No. RM01–12– determination review only to the Acrobat Reader, which is available free 000.

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organizations (RTOs); other states have the voluntary commitments of certain 6. Finally, Ameren had proposed to opposed or barred these efforts by the utilities in the Midwest to either join join Midwest ISO as part of same utilities. The Commission and Midwest ISO or PJM. Because of the GridAmerica LLC (GridAmerica). The some of the Midwest and Mid-Atlantic necessity for close regional coordination Commission has recently received an state commissioners expressed concerns in the Midwest, the Commission also application for GridAmerica to join about the current uncertainty regarding required that Midwest ISO and PJM Midwest ISO on October 1, 2003.9 RTO formation in the Midwest and develop a joint and common market in However, at that time, GridAmerica requested Commission action to resolve 2004 that would provide for a seamless would not include the facilities of this uncertainty. In this order, the market in the Midwest. Ameren. Commission announces an inquiry into 4. By order issued April 1, 2003,4 in RTO issues related to the Midwest Docket No. ER03–262–000, et al., the Discussion Independent Transmission System Commission conditionally accepted for 7. The Commission will hold an Operator, Inc. (Midwest ISO) and PJM filing, suspended and set for hearing inquiry into RTO issues related to the Interconnection LLC (PJM) to be revisions to the PJM Open Access Midwest ISO and PJM to be conducted conducted by the Commissioners, Transmission Tariff (OATT) that would by the Commissioners, participated in participated in by advisory staff, and allow AEP, ComEd, DP&L, and Virginia by advisory staff, and facilitated by a facilitated by a presiding administrative Electric and Power Company to join presiding administrative law judge. As law judge in the above-captioned PJM. Subsequently, however, the noted above, the purpose of this inquiry proceedings. The purpose of this Kentucky Public Service Commission is to gather sufficient information to process is to gather sufficient denied transfer of AEP’s transmission move forward in resolving the information for moving forward in facilities to PJM.5 AEP has also asserted commitment made by several entities to resolving the voluntary commitment that recently-enacted Virginia law establish a joint and common market in made by several entities to increase prohibits any firm that is a public utility the Midwest and PJM region.10 regional coordination by joining RTOs in Virginia from transferring ownership 8. With regard to these utilities, this and establish a joint and common or control of, or operational inquiry will explore the impediments to market in the Midwest and PJM region. responsibility over, any transmission these utilities in joining Midwest ISO or These entities include American system to ‘‘any person’’ before July 1, PJM and proposals for resolving those Electric Power Company (AEP), Ameren 2004 and thereafter prohibits such a impediments. We note that the Services Company (Ameren), transfer without prior approval of the uncertainty regarding the Midwest-PJM Commonwealth Edison Company Virginia State Corporation participants is delaying the benefits to (ComEd), Dayton Power and Light Commission.6 At the same time, state customers of greater voluntary Company (DP&L) and Illinois Power legislation in Ohio and Michigan coordination among utilities, and thus Company (Illinois Power). While these requires that AEP join an RTO. Also, by hindering the timely development of a companies have voluntarily agreed to order issued March 15, 2000,7 in Docket joint and common market in the join either Midwest ISO or PJM, they No. EC98–40–000, et al., the Midwest and PJM region, and the have not yet fulfilled their Commission conditionally approved the benefits of reliability that will result commitments. merger between AEP and Central and from such a market. Order No. 2000 2. By taking this action, the South West Corporation (CSW), adopted initially a voluntary approach Commission intends to explore ways to provided that AEP fulfill its to RTO formation which allows resolve the interstate disputes commitment, set forth in that capturing reliability benefits, including referenced above and enhance regional proceeding, to join an RTO.8 The regional infrastructure planning. coordination to establish a joint and uncertainty concerning AEP joining PJM 9. We direct Midwest ISO, PJM, North common market in the Midwest and has also resulted in uncertainty in the American Electric Reliability Council, PJM region. timing for ComEd and DP&L joining AEP, Ameren, ComEd, DP&L and Background PJM. Requests for rehearing and Illinois Power to have a senior company compliance filings are pending in these official who can represent these entities 3. On July 31, 2002, the Commission as well as make decisions on behalf of issued two interrelated orders 2 which proceedings. 5. Illinois Power had originally the company present at the inquiry. We were designed to help establish a joint proposed to join PJM. However, it invite representatives from the affected and common market in the Midwest and subsequently has indicated that it may states, including state commissions, to to support the establishment of viable, instead seek to join Midwest ISO. this inquiry. We invite Canadian parties for-profit transmission companies that Illinois Power currently does not have who will be impacted by the common operate under an RTO umbrella and an application on file with the market to this inquiry, as well. may, depending on their level of Commission to join either RTO. 10. We direct AEP, Ameren, ComEd, independence from market participants, DP&L and Illinois Power to submit the perform certain of the RTO functions in 4 American Electric Power Service Corporation, et 3 following information in the form of the Commission’s Order No. 2000. In al., 103 FERC ¶ 61,008 (2003). pre-filed testimony by one or more these orders, the Commission approved 5 See Answer of Edison Mission Energy, et al., to witnesses by September 23, 2003: Exelon Corporation’s Comments on AEP Responses specify the impediments to their 2 Ameren Services Company, et al., 100 FERC ¶ to FERC Data Requests, filed August 1, 2003. 61,135 (2002) and Alliance Companies, et al., 100 6 See AEP’s Report on Compliance with voluntary commitments to join RTOs; FERC ¶ 61,137 (2002), order on reh’g, 103 FERC ¶ Transmission-Related Merger Conditions, filed 61,274 (2003). February 28, 2003 (AEP’s February 28 Compliance 9 See Filing by GridAmerica Participants and 3 Regional Transmission Organizations, Order No. Report). Midwest ISO dated August 28, 2003, in Ameren 2000, 65 Fed. Reg. 809 (2000), FERC Stats. & Regs. 7 American Electric Power Company,and Central Services Company et al., Docket No. ER02–2233– ¶ 31,089 (1999), order on reh’g, Order No. 2000– and South West Corporation, 90 FERC ¶ 61,242 010, et al. A, 65 Fed. Reg. 12,088 (2000), FERC Stats. & Regs. (2000). 10 At this time, we intend to focus on the Midwest ¶ 31,092 (2000), appeal dismissed, Public Utility 8 See Stipulation of American Electric Power Co., and the gaps in the Midwest. Thus, because District No. 1 of Snohomish County, Washington v. Central and South West Corp. and Commission Virginia Electric and Power Company is not in the FERC, 272 F.3d 607 (DC Cir. 2001) (Order No. Trial Staff at 2–4, Docket Nos. EC98–40–000 et al., Midwest, we are not including them as part of this 2000). (May 24, 1999). inquiry at this time.

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and propose solutions to these ENVIRONMENTAL PROTECTION Summary: EPA had environmental impediments, including Commission AGENCY concerns and requested that the final EIS include additional information on actions necessary to move the process [ER–FRL–6644–1] forward to establish a joint and common the wetlands mitigation plan and a market in the Midwest and PJM region Environmental Impact Statements and Clean Air Act General Conformity in an expeditious manner. This pre-filed Regulations; Availability of EPA Applicability Analysis. testimony will be subject to cross- Comments ERP No. D–FHW–C40159–NJ Rating examination by the Commissioners and EC2, Penns Neck Area Transportation Availability of EPA comments advisory staff at the hearing specified Service Improvements, Phase I prepared pursuant to the Environmental below. Any other interested parties may Archeological Survey, U.S. 1, Sections Review Process (ERP), under Section 2S and 3J, Funding, West Windsor and file similar testimony. 309 of the Clean Air Act and Section Princeton Townships, Mercer County, 11. The inquiry will be held on 102(2)(c) of the National Environmental and Plainsboro Township, Middlesex September 29 and 30, 2003, from Policy Act as amended. Requests for County, NJ. approximately 9 a.m. to 5 p.m. in copies of EPA comments can be directed Summary: EPA has environmental Hearing Room 1 of the Federal Energy to the Office of Federal Activities at concerns with the proposed project’s Regulatory Commission, 888 First (202) 564–7167. An explanation of the impacts regarding stormwater runoff, Street, NE., Washington, DC 20426. The ratings assigned to draft environmental surface waters and vehicular traffic. Commissioners will attend and impact statements (EISs) was published ERP No. D–FHW–D40093–PA Rating participate in the discussions. We direct in FR dated April 04, 2003 (68 FR LO, City of Lebanon Bridge Over the Chief Administrative Law Judge to 16511). Norfolk Southern Railroad Tracks appoint an administrative law judge to Draft EISs Construction Project, 12th Street to Lincoln Avenue, Funding, Lebanon preside over the two-day inquiry, ERP No. D–AFS–J65389–MT Rating including swearing in witnesses, ruling County, PA. EC2, North Belts Travel Plan and the Summary: EPA does not have on the admissibility of evidence and Dry Range Project, Provision of objections regarding the proposed objections, etc. The presiding Motorized and Non-motorized project. administrative law judge’s involvement Recreation, Helena National Forest, ERP No. D–FHW–D40321–PA Rating will be limited to the two days of Broadwater, Lewis and Clark and EC2, Woodhaven Road Project, Traffic hearing, and the Commission will take Meagher Counties, MT. Congestion Reduction on Byberry Road appropriate future action, as early as the Summary: EPA has environmental between Roosevelt Boulevard and October 22, 2003 meeting. concerns regarding potential water Huntingdon Pike, Funding, The Commission orders: quality effects and inconsistency of road Philadelphia, Bucks and Montgomery management with TMDL development Counties, PA. (A) The Secretary is hereby directed for impaired surface waters and Summary: EPA has environmental to publish this order in the Federal potential adverse effects to wildlife concerns regarding avoidance and Register. habitat, security and connectivity with minimization of the proposed project’s (B) AEP, Ameren, ComEd, DP&L and Alternatives 1, 2 and 3. EPA believes impacts to surface waters and wetlands, Illinois Power are hereby directed to file Alternatives 4 and 5 or a new modified forested habitats and environmental the information discussed above by alternative with reduced environmental justice areas. September 23, 2003. effects should be considered as the ERP No. D–FRC–L05200–OR Rating preferred alternative. EPA supports LO, Bull Run Hydroelectric Project (C) Pursuant to the authority inclusion of road, trail and watershed (FERC No.477–024), Proposal to contained in and subject to the improvements in the preferred Decommission the Bull Run Project and jurisdiction conferred upon the Federal alternative, and believes additional Remove Project Facilities including Energy Regulatory Commission by information is needed to fully assess Marmot Dam, Little Sandy Diversion Section 402(a) of the Department of and mitigate all potential impacts of the Dam and Roslyn Lake, and an Energy Organization Act and by the management actions. Application to Surrender License, Federal Power Act, and pursuant to the ERP No. D–BLM–K70009–CA Rating Sandy, Little Sandy, Bull Run Rivers, Commission’s Rules of Practice and EC2, West Mojave Plan, Habitat Town of Sandy, Clackamas County, OR. Procedure and the regulations under the Conservation Plan and Federal Land Summary: EPA supports the selection Federal Power Act (18 C.F.R., Chapter I), Use Plan Amendment, Implementation, and implementation of the Settlement the administrative law judge designated California Desert Conservation Area, Agreement alternative including FERC by the Chief Administrative Law Judge, Portions of San Bernardino, Kern, Inyo, staff recommended modifications as it shall preside over this inquiry, as and Los Angeles Counties, CA. will result in long term environmental discussed in the body of this order. Summary: EPA expressed benefits. environmental concerns and ERP No. D–NRC–E06022–SC Rating (D) This inquiry shall be held on recommended additional mitigation EC1, Generic—License Renewal of September 29 and 30, 2003, in Hearing measures to further protect desert Nuclear Plants, Virgil C. Summer Room 1 of the Federal Energy tortoise and riparian/wetland and Nuclear Station, Supplement 15, Regulatory Commission, 888 First stream functions. Fairfield County, SC. Street, NE., Washington, DC 20426. ERP No. D–COE–C39016–NJ Rating Summary: EPA notes that while the By the Commission. EC2, Union Beach Community Project, impacts of the project appear to be Magalie R. Salas, Provision of Hurricane and Storm within acceptable limits, the plant will Damage Reduction to Residential, need to continue radiological Secretary. Commercial and Recreational monitoring of all effluents and the [FR Doc. 03–24086 Filed 9–18–03; 8:45 am] Resources, Located along the Raritan appropriate storage and disposition of BILLING CODE 6717–01–P Bay and Sandy Hook Bay Shoreline, radioactive waste during the license Monmouth County, NJ. renewal period.

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ERP No. DA–AFS–G65062–NM Rating Dated: September 16, 2003. EIS No. 030421, Final EIS, DOE, CA, LO, Agua/Caballos Timber Sale, Timber Joseph C. Montgomery, Sacramento Area Voltage Support Harvest and Existing Vegetation Director, NEPA Compliance Division, Office Project, System Reliability and Management, Implementation, Carson of Federal Activities. Voltage Support Improvements, Sierra National Forest, El Rito Ranger District, [FR Doc. 03–24000 Filed 9–18–03; 8:45 am] Nevada Region, Alameda, Contra Taos County, NM. BILLING CODE 6560–50–P Costa, Placer, Sacramento, San Summary: EPA expressed a lack of Joaquin and Sutter Counties, CA, Wait objections to the selection of the Period Ends: October 20, 2003, preferred alternative. ENVIRONMENTAL PROTECTION Contact: Loreen McMahon (916) 353– AGENCY 4460. This document is available on ERP No. DS–NRS–E36161–MS Rating the Internet at: http://www.wapa.gov. (ER–FRL–6643–9) LO, Town Creek Watershed Project, EIS No. 030422, Draft EIS, BPA, WA, BP Impacts of Floodwater Retarding Environmental Impact Statements; Cherry Point Cogeneration Project, To Structures (FWRS) No. 1, 5, 8, and 59 Notice of Availability Build a 720-megawatt Gas-Fired and Deletion of FWRS No. 10A, Combined Cycle Cogeneration Funding, Lee, Pontotoc, Prentiss and Responsible Agency: Office of Federal Facility, Energy Facility Site Union Counties, MS. Activities, General Information (202) Evaluation Council (EFSEC), Summary: EPA determined that the 564–7167 or http://www.epa.gov/ Whatcom County, WA, Comment unavoidable losses associated with compliance/nepa. Period Ends: November 3, 2003, implementation of this flood control Weekly receipt of Environmental Impact Contact: Thomas C. McKinney (503) proposal are within acceptable limits Statements 230–4749. and will be appropriately mitigated. Filed September 08, 2003 Through EIS No. 030423, Draft EIS, NOA, WA, September 12, 2003 Pursuant to 40 CA, OR, Pacific Coast Groundfish Final EISs CFR 1506.9. Fishery Management Plan (FMP) EIS No. 030416, Final EIS, APH, Amendment 16–2, Rebuilding Plans ERP No. F–AFS–L65369–00 Boise Importation of Solid Wood Packing for: Darkblotched Rockfish, Pacific National Forest, Payette National Forest Material, To Exclude, Eradicate and/ Ocean Perch, Canary Rockfish, and and Sawtooth National Forest, Forest or Control Invasive Alien Agricultural Lingcod, Maximum Sustainable Yield Plan Revision, Implementation, Pest, Implementation, United States, (MSY) Magnuson-Stevens Fishery Southwest Idaho Ecogroup, several Wait Period Ends: October 20, 2003, Conservation and Management Act, counties, ID, Malhaur County, OR and Contact: David A. Bergsten (301) 734– WA, OR, CA and Boundary of U.S. Box Elder County, UT. 6103. EEZ, Comment Period Ends: Summary: No formal comment letter EIS No. 030417, Draft EIS, AFS, NM, November 3, 2003, Contact: D. Robert was sent to the preparing agency. Surface Management of Gas Leasing Lohn (206) 526–6150. ERP No. F–COE–K30031–CA Imperial and Development in the Carson EIS No. 030424, Final EIS, BIA, CA, Beach Shore Protection Project, Shore National Forest, Implementation, Jamul Indian Village (Tribe) 101 Acre Protection and Prevention of Damage to Jicarilla Ranger District, Rio Arriba Fee-to-Trust Transfer and Casino Adjacent Beachfront Structures, Silver County, NM, Comment Period Ends: Project, Implementation, San Diego Strand Shoreline, City of Imperial November 3, 2003, Contact: Tom County, CA, Wait Period Ends: Beach, San Diego County, CA. Dwyer (505) 758–6272. This November 3, 2003, Contact: William document is available on the Internet Summary: No formal comment letter Allan (916) 978–6043. at: http://www.fs.fed.us/r3/carson. EIS No. 030425, Final EIS, EPA, AK, was sent to the preparing agency. EIS No. 030418, Draft EIS, AFS, MI, Pogo Gold Mine Project, Underground ERP No. F–FHW–E50292–FL St. Baltimore Vegetative Management Mine Construction and Operation, Augustine Bridge of Lions (SR AIA) Project, Implementation, Ottawa NPDES and U.S. Army COE Section Rehabilitation or Replacement of the National Forest, Ontonagon Ranger 404 Permits Issuance, Goodpaster Existing Two Lane Bridge Crossing over District, Ontonagon County, MI, River Valley, Delta Junction, AK, Wait the Matanzas River, Intracoastal Comment Period Ends: November 3, Period Ends: October 20, 2003, Waterway, U.S. Coast Guard Bridge 2003, Contact: Bruce Prud’homme Contact: Hanh Gold (206) 553–0171. Permit and NPDES Permit Issuance, St. (906) 884–2085. Augustine, St. John County, FL. EIS No. 030419, Draft EIS, AFS, NM, Amended Notices Summary: EPA lacks objections to the Magdelena Ridge Observatory Project, EIS No. 030367, Draft EIS, IBR, CA, preferred alternative. However, EPA Construct and Operate an Observatory Freeport Regional Water Project, To recommends a stipulation for river in the Magdelena Mountains, Cibola Construct and Operate a Water bottom restoration and debris removal. National Forest, Magdelena Ranger Supply Project to Meet Regional District, Socorro County, NM, Water Supply Needs, Sacramento ERP No. F–SFW–A64059–00 Comment Period Ends: November 3, County Water Agency (SCWA) and Programmatic EIS-Double crested 2003, Contact: Laura Hudnell (505) the East Bay Municipal Utility District Cormorant (DCCO) Management Plan, 854–2281. (EBMUD), Alameda, Contra Costa, Reduction of Resource Conflicts, EIS No. 030420, Draft EIS, HHS, MD, San Joaquin, Sacramento Counties, Flexibility Enhancements of Natural Integrated Research Facility (IRF) at CA, Comment Period Ends: October 7, Resource Agencies in dealing with Fort Detrick Construction and 2003, Contact: Rod Schroeder (916) DCCO Related Resource Conflicts and to Operation, Adjacent to Existing U.S. 989–7274. Revision of FR Notice ensure the Conservation of Healthy, Army Medical Research Institute of Published on 8/15/2003: CEQ Viable DCCO Population, Infectious Diseases Facilities, City of Comment Period Ending 9/29/2003 Implementation, The Contiguous United Frederick, Frederick County, MD, has been Extended to 10/7/2003. States. Comment Period Ends: November 3, EIS No. 030394, Draft Supplement, Summary: No formal comment letter 2003, Contact: Ron Wilson (301) 496– NOA, MA, ME, RI, NH, CT, Northeast was sent to the preparing agency. 5037. Multispecies Fishery Management

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Plan, Amendment 13, New flowable carbofuran on cotton could facility is open from 8:30 a.m. to 4 p.m., Information concerning Management pose a risk similar to the risk assessed Monday through Friday, excluding legal Alternatives and Impact Analysis, by EPA under the Special Review of holidays. The docket telephone number Adoption, Approval and granular carbofuran. EPA is soliciting is (703) 305–5805. Implementation, New England public comment before making the 2. Electronic access. You may access Management Council, ME, HH, VT, decision whether or not to grant the this Federal Register document MA, RI, CT, NY, NJ, DE, MD, VA and exemption. On September 4, 2003, the electronically through the EPA Internet NC, Comment Period Ends: October California Department of Pesticide under the ‘‘Federal Register’’ listings at 15, 2003, Contact: Paul Howard (978) Regulation declared a crisis exemption http://www.epa.gov/fedrgstr/. 465–0492. Revision of FR Notice for this use to treat up to 200,000 acres An electronic version of the public Published on 8/29/2003: Title of cotton in California. docket is available through EPA’s Correction. DATES: Comments, identified by docket electronic public docket and comment EIS No. 030411, Final EIS, FHW, WY, ID number OPP–2003–0314, must be system, EPA Dockets. You may use EPA Wyoming Forest Highway 4 U.S. 212 received on or before October 6, 2003. Dockets at http://www.epa.gov/edocket/ (KP 39.5 to KP 69.4) the Beartooth ADDRESSES: Comments may be to submit or view public comments, Highway, A Portion Proposed for submitted electronically, by mail, or access the index listing of the contents Reconstruction begins 7.1 miles east through hand delivery/courier. Follow of the official public docket, and to of the Junction of WY–296 (Chief the detailed instructions as provided in access those documents in the public Joseph Highway) and Proceeds East Unit I. of the SUPPLEMENTARY docket that are available electronically. for 18.6 miles to the Wyoming/ INFORMATION. Once in the system, select ‘‘search,’’ Montana State Line, Park County, then key in the appropriate docket ID FOR FURTHER INFORMATION CONTACT: WY, Wait Period Ends: October 14, number. Stephen A. Schaible, Registration 2003, Contact: Jennifer Corwin (303) Certain types of information will not Division (7505C), Office of Pesticide 716–2097. Revision of FR Notice be placed in the EPA Dockets. Programs, Environmental Protection Published on 9/12/2003: Correction to Information claimed as CBI and other Agency, 1200 Pennsylvania Ave., NW., Telephone Number. information whose disclosure is Washington, DC 20460–0001; telephone restricted by statute, which is not Dated: September 16, 2003. number: (703) 308–9362; fax number: included in the official public docket, Joseph C. Montgomery, (703) 308–6920; e-mail address: will not be available for public viewing Director, NEPA Compliance Division, Office [email protected]. of Federal Activities. in EPA’s electronic public docket. EPA’s SUPPLEMENTARY INFORMATION: [FR Doc. 03–24001 Filed 9–18–03; 8:45 am] policy is that copyrighted material will not be placed in EPA’s electronic public BILLING CODE 6560–50–P I. General Information docket but will be available only in A. Does this Action Apply to Me? printed, paper form in the official public ENVIRONMENTAL PROTECTION You may be potentially affected by docket. To the extent feasible, publicly AGENCY this action if you are a Federal or State available docket materials will be made Government Agency involved in available in EPA’s electronic public [OPP–2003–0314; FRL–7326–6] administration of environmental quality docket. When a document is selected from the index list in EPA Dockets, the Carbofuran; Receipt of Application for programs. Other types of entities not system will identify whether the Emergency Exemption, Solicitation of listed in this unit could also be affected. document is available for viewing in Public Comment If you have any questions regarding the applicability of this action to a EPA’s electronic public docket. AGENCY: Environmental Protection particular entity, consult the person Although not all docket materials may Agency (EPA). listed under FOR FURTHER INFORMATION be available electronically, you may still ACTION: Notice. CONTACT. access any of the publicly available docket materials through the docket SUMMARY: EPA has received a specific B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA exemption request flowable carbofuran Document and Other Related intends to work towards providing (Furadan 4F Insecticide/Nematicide) Information? electronic access to all of the publicly (EPA Reg. No. 279–2876) to treat up to 1. Docket. EPA has established an available docket materials through 300,000 acres of cotton in California to official public docket for this action EPA’s electronic public docket. control cotton aphid. The applicant under docket identification (ID) number For public commenters, it is proposes the use of a chemical which OPP–2003–0314. The official public important to note that EPA’s policy is has been the subject of a Special Review docket consists of the documents that public comments, whether within EPA’s Office of Pesticide specifically referenced in this action, submitted electronically or in paper, Programs, and is intended for a use that any public comments received, and will be made available for public could pose a risk similar to the risk other information related to this action. viewing in EPA’s electronic public posed by uses evaluated under the Although a part of the official docket, docket as EPA receives them and Special Review. The granular the public docket does not include without change, unless the comment formulation of carbofuran was the Confidential Business Information (CBI) contains copyrighted material, CBI, or subject of a Special Review between the or other information whose disclosure is other information whose disclosure is years of 1986–1991, which resulted in a restricted by statute. The official public restricted by statute. When EPA negotiated settlement whereby most of docket is the collection of materials that identifies a comment containing the registered uses of granular is available for public viewing at the copyrighted material, EPA will provide carbofuran were phased out. While the Public Information and Records a reference to that material in the flowable formulation of carbofuran is Integrity Branch (PIRIB), Rm. 119, version of the comment that is placed in not the subject of a Special Review, EPA Crystal Mall #2, 1921 Jefferson Davis EPA’s electronic public docket. The believes that the proposed use of Hwy., Arlington, VA. This docket entire printed comment, including the

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copyrighted material, will be available follow the online instructions for disclosed except in accordance with in the public docket. submitting comments. Once in the procedures set forth in 40 CFR part 2. Public comments submitted on system, select ‘‘search,’’ and then key in In addition to one complete version of computer disks that are mailed or docket ID number OPP–2003–0314. The the comment that includes any delivered to the docket will be system is an ‘‘anonymous access’’ information claimed as CBI, a copy of transferred to EPA’s electronic public system, which means EPA will not the comment that does not contain the docket. Public comments that are know your identity, e-mail address, or information claimed as CBI must be mailed or delivered to the Docket will other contact information unless you submitted for inclusion in the public be scanned and placed in EPA’s provide it in the body of your comment. docket and EPA’s electronic public electronic public docket. Where ii. E-mail. Comments may be sent by docket. If you submit the copy that does practical, physical objects will be e-mail to [email protected], not contain CBI on disk or CD ROM, photographed, and the photograph will Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM be placed in EPA’s electronic public 2003–0314. In contrast to EPA’s clearly that it does not contain CBI. docket along with a brief description electronic public docket, EPA’s e-mail Information not marked as CBI will be written by the docket staff. system is not an ‘‘anonymous access’’ included in the public docket and EPA’s C. How and to Whom Do I Submit system. If you send an e-mail comment electronic public docket without prior Comments? directly to the docket without going notice. If you have any questions about through EPA’s electronic public docket, CBI or the procedures for claiming CBI, You may submit comments EPA’s e-mail system automatically please consult the person listed under electronically, by mail, or through hand captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. delivery/courier. To ensure proper addresses that are automatically receipt by EPA, identify the appropriate E. What Should I Consider as I Prepare captured by EPA’s e-mail system are docket ID number in the subject line on My Comments for EPA? included as part of the comment that is the first page of your comment. Please placed in the official public docket, and You may find the following ensure that your comments are made available in EPA’s electronic suggestions helpful for preparing your submitted within the specified comment public docket. comments: period. Comments received after the 1. Explain your views as clearly as close of the comment period will be iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that possible. marked ‘‘late.’’ EPA is not required to 2. Describe any assumptions that you consider these late comments. If you you mail to the mailing address identified in Unit I.C.2. These electronic used. wish to submit CBI or information that 3. Provide copies of any technical is otherwise protected by statute, please submissions will be accepted in WordPerfect or ASCII file format. Avoid information and/or data you used that follow the instructions in Unit I.D. Do support your views. not use EPA Dockets or e-mail to submit the use of special characters and any form of encryption. 4. If you estimate potential burden or CBI or information protected bystatute. costs, explain how you arrived at the 1. Electronically. If you submit an 2. By mail. Send your comments to: estimate that you provide. electronic comment as prescribed in this Public Information and Records 5. Provide specific examples to unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. your name, mailing address, and an e- of Pesticide Programs (OPP), 6. Offer alternative ways to improve mail address or other contact Environmental Protection Agency, 1200 the notice. information in the body of your Pennsylvania Ave., NW., Washington, 7. Make sure to submit your comment. Also include this contact DC 20460–0001, Attention: Docket ID comments by the deadline in this information on the outside of any disk Number OPP–2003–0314. document. or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, cover letter accompanying the disk or your comments to: Public Information be sure to identify the docket ID number CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), assigned to this action in the subject identified as the submitter of the Office of Pesticide Programs (OPP), line on the first page of your response. comment and allows EPA to contact you Environmental Protection Agency, Rm. You may also provide the name, date, in case EPA cannot read your comment 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. due to technical difficulties or needs Davis Hwy., Arlington, VA., Attention: further information on the substance of Docket ID Number OPP–2003–0314. II. Background your comment. EPA’s policy is that EPA Such deliveries are only accepted A. What Action is the Agency Taking? will not edit your comment, and any during the docket’s normal hours of identifying or contact information operation as identified in Unit I.B.1. Under section 18 of the Federal provided in the body of a comment will Insecticide, Fungicide, and Rodenticide D. How Should I Submit CBI to the be included as part of the comment that Act (FIFRA) (7 U.S.C. 136p), at the Agency? is placed in the official public docket, discretion of the Administrator, a and made available in EPA’s electronic Do not submit information that you Federal or State agency may be public docket. If EPA cannot read your consider to be CBI electronically exempted from any provision of FIFRA comment due to technical difficulties through EPA’s electronic public docket if the Administrator determines that and cannot contact you for clarification, or by e-mail. You may claim emergency conditions exist which EPA may not be able to consider your information that you submit to EPA as require the exemption. The California comment. CBI by marking any part or all of that Department of Pesticide Regulation has i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI requested the Administrator to issue a electronic public docket to submit on disk or CD ROM, mark the outside specific exemption for the use of comments to EPA electronically is of the disk or CD ROM as CBI and then carbofuran on cotton to control cotton EPA’s preferred method for receiving identify electronically within the disk or aphids. Information in accordance with comments. Go directly to EPA Dockets CD ROM the specific information that is 40 CFR part 166 was submitted as part at http://www.epa.gov/edocket, and CBI). Information so marked will not be of this request.

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As part of this request, the applicant flowable formulation of carbofuran is FEDERAL COMMUNICATIONS asserts that Furadan has been an not the subject of a Special Review, EPA COMMISSION important and necessary tool for control believes that the proposed use of [Report No. 2630] of late season aphid problems the past flowable carbofuran on cotton could several seasons. Cotton growers in pose a risk similar to the risk assessed Petitions for Reconsideration and California are specifically concerned by EPA under the Special Review of Clarification of Action in Rulemaking with the prevention of sticky cotton, granular carbofuran. The notice Proceeding which can result from sugar secretions provides an opportunity for public from specific insect pests and comment on the application. September 15, 2003. diminishes the quality of the cotton. Petitions for Reconsideration and The applicant claims that recently The Agency, will review and consider Clarification have been filed in the registered chloronicotinyl insecticides, all comments received during the Commission’s Rulemaking proceeding which rely on foliar uptake and comment period in determining listed in this Public Notice and translaminar movement, are less whether to issue the specific exemption published pursuant to 47 CFR 1.429(e). effective in the late season after foliage requested by the California Department The full text of this document is has hardened off. The applicant further of Pesticide Regulation. available for viewing and copying in claims that resistance to these Room CY–A257, 445 12th Street, SW., List of Subjects chloronicotinyl insecticides could Washington, DC or may be purchased develop and that without a specific Environmental protection, Pesticides from the Commission’s copy contractor. exemption from registration under and pests. Qualex International (202) 863–2893. FIFRA for the use of flowable Oppositions to these petitions must be carbofuran on cotton to control cotton Dated: September 4, 2003. filed by October 6, 2003. See Section aphids, cotton growers in these states Debra Edwards, 1.4(b)(1) of the Commission’s rules (47 will suffer significant economic losses. Director, Registration Division, Office of CFR 1.4(b)(1)). Replies to an opposition The applicant proposes to make no Pesticide Programs. must be filed within 10 days after the more than two applications of flowable [FR Doc. 03–24117 Filed 9–17–03; 1:38 pm] time for filing oppositions have expired. carbofuran on cotton at the rate of 0.25 BILLING CODE 6560–50–S Subject: In the Matter of 2002 lb. active ingredient (8 fluid ounces) in Biennial Regulatory Review—Review of a minimum of 2 gallons of finished the Commission’s Broadcast Ownership spray per acre by air, or 10 gallons of Rules and Other Rules Adopted finished spray per acre by ground EXPORT-IMPORT BANK OF THE Pursuant to Section 202 of the application. The total maximum UNITED STATES Telecommunications Act of 1996 (MB proposed use during the 2003 growing Docket No. 02–277). season, from August 20, 2003 to October Sunshine Act Meeting Cross-Ownership of Broadcast 30, 2003, would be 0.5 lb. active Stations and Newspapers (MM Docket ingredient (16 fluid ounces) per acre. ACTION: Notice of a partially open No. 01–235). The applicant proposes that a maximum Rules and Policies Concerning meeting of the board of Directors of the of 300,000 acres could be treated under Multiple Ownership of Radio Broadcast Export-Import Bank of the United the requested exemptions. If all of these Stations in Local Markets (MM Docket States. acres were treated at the maximum No. 01–317). proposed rate and for the maximum Definition of Radio Markets (MM allowed number of times, 150,000 lbs. TIME AND PLACE: Thursday, September Docket No. 00–244). active ingredient would be used in 25, 2003 at 9:30 a.m. The meeting will Definition of Radio Markets for Areas California. Under the crisis exemption, be held at Ex-Im Bank in Room 1143, Not Located in an Arbitron Survey Area a single aerial application of flowable 811 Vermont Avenue, NW., (MB Docket No. 03–130). carbofuran at a rate of 0.25 lb. active Washington, DC 20571. Number of Petitions Filed: 27. ingredient (8 fluid ounces) per acre may be made to cotton. A maximum of OPEN AGENDA ITEM: PEFCO Secured Note Marlene H. Dortch, 200,000 acres of cotton in California Issues (Resolution). Secretary. [FR Doc. 03–23907 Filed 9–18–03; 8:45 am] may be treated. PUBLIC PARTICIPATION: The meeting will This notice does not constitute a BILLING CODE 6712–01–M be open to public participation for Item decision by EPA on the application itself. The regulations governing section No. 1 only. Attendees that are not 18 of FIFRA require publication of a employees of the Executive Branch will FEDERAL ELECTION COMMISSION notice of receipt of an application for a be required to sign in prior in the specific exemption proposing use of a meeting. Sunshine Act Notices chemical (i.e., an active ingredient) FOR FURTHER INFORMATION CONTACT: For AGENCY: Federal Election Commission: which has been the subject of a Special further information, contact: Office of Review within EPA’s Office of Pesticide DATE AND TIME: Thursday, September 25, the Secretary, 811 Vermont Avenue, 2003 at 10 a.m. Programs and is intended for a use that NW., Washington, DC 20571 (Telephone could pose a risk similar to the risk PLACE: 999 E Street, NW., Washington, No. 202–565–3957). posed by uses evaluated under the DC (Ninth floor). Special Review. The granular James K. Hess, STATUS: This meeting will be open to the formulation of carbofuran was the Senior Vice President and Chief Financial public. subject of a Special Review between the Officer. ITEMS TO BE DISCUSSED: Correction and years of 1986–1991, which resulted in a [FR Doc. 03–24175 Filed 9–17–03; 3:55 pm] approval of minutes. negotiated settlement whereby most of Draft Advisory Opinion 2003–21: BILLING CODE 6690–01–P the registered uses of granular Lehman Brothers Inc. by counsel, carbofuran were phased out. While the Kenneth A. Gross and Ki P. Hong.

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Routine Administrative Matters. indirectly acquire Community Financial than five minutes per speaker or FOR FURTHER INFORMATION CONTACT: Mr. Group, Inc., Cabot, Arkansas and its organization. As a courtesy, please Ron Harris, Press Officer, Telephone: subsidiary, Community Bank, Cabot, inform Ms. Diane Gianelli, Director of (202) 694–1220. Arkansas. Communications, in advance of your In connection with this application, intention to make a public statement, Mary W. Dove, CB Bancorp, Inc., Conway, Arkansas and please give her your name, Secretary of the Commission. also has applied to become a bank affiliation, and a brief description of the [FR Doc. 03–24163 Filed 9–17–03; 3:04 pm] holding company by acquiring 100 topic or nature of your comments. To BILLING CODE 6715–01–P percent of the voting shares of submit a written statement, mail or e- Community Financial Group, Inc., mail it to Ms. Gianelli at one of the Cabot, Arkansas, and its subsidiary, addresses given below. FEDERAL RESERVE SYSTEM Community Bank, Cabot, Arkansas. FOR FURTHER INFORMATION CONTACT: Ms. Board of Governors of the Federal Reserve Diane Gianelli, Director of Formations of, Acquisitions by, and System, September 15, 2003. Communications, The President’s Mergers of Bank Holding Companies Robert deV. Frierson, Council on Bioethics, Suite 700, 1801 The companies listed in this notice Deputy Secretary of the Board. Pennsylvania Avenue, Washington, DC have applied to the Board for approval, [FR Doc. 03–23894 Filed 9–18–03; 8:45 am] 20006. Telephone: 202/296–4669. E- pursuant to the Bank Holding Company BILLING CODE 6210–01–S mail: [email protected]. Web site: Act of 1956 (12 U.S.C. 1841 et seq.) http://www.bioethics.gov. (BHC Act), Regulation Y (12 CFR Part Dated: September 10, 2003. 225), and all other applicable statutes DEPARTMENT OF HEALTH AND Dean Clancy, and regulations to become a bank HUMAN SERVICES Executive Director, The President’s Council holding company and/or to acquire the on Bioethics. assets or the ownership of, control of, or Public Meeting of the President’s [FR Doc. 03–23908 Filed 9–18–03; 8:45 am] the power to vote shares of a bank or Council on Bioethics on October 16– BILLING CODE 4161–90–P bank holding company and all of the 17, 2003 banks and nonbanking companies AGENCY: The President’s Council on owned by the bank holding company, DEPARTMENT OF HEALTH AND Bioethics, HHS. including the companies listed below. HUMAN SERVICES The applications listed below, as well ACTION: Notice. as other related filings required by the Centers for Medicare and Medicaid SUMMARY: The President’s Council on Board, are available for immediate Services inspection at the Federal Reserve Bank Bioethics (Leon R. Kass, M.D., [Document Identifier: CMS–10028A,B,C] indicated. The application also will be chairman) will hold its fourteenth meeting, at which, among other things, available for inspection at the offices of Agency Information Collection the Board of Governors. Interested it will continue discussion of its stem cell research, ‘‘beyond therapy’’ Activities: Proposed Collection; persons may express their views in Comment Request writing on the standards enumerated in (enhancement), and ‘‘biotechnology and the BHC Act (12 U.S.C. 1842(c)). If the public policy’’ (regulation) projects. AGENCY: Centers for Medicare and proposal also involves the acquisition of Subjects discussed at past Council Medicaid Services, HHS. a nonbanking company, the review also meetings (and potentially touched on at In compliance with the requirement includes whether the acquisition of the this meeting) include: human cloning; of section 3506(c)(2)(A) of the nonbanking company complies with the embryo research; aging retardation and Paperwork Reduction Act of 1995, the standards in section 4 of the BHC Act lifespan-extension; organ procurement Centers for Medicare and Medicaid (12 U.S.C. 1843). Unless otherwise for transplantation; and assisted Services (CMS) (formerly known as the noted, nonbanking activities will be reproduction and reproductive genetics Health Care Financing Administration conducted throughout the United States. (including IVF, ICSI, PGD; sex selection, (HCFA)), Department of Health and Additional information on all bank inheritable genetic modification; and Human Services, is publishing the holding companies may be obtained the patentability of human genes, following summary of proposed from the National Information Center tissues, and organisms). collections for public comment. website at www.ffiec.gov/nic/. DATES: The meeting will take place Interested persons are invited to send Unless otherwise noted, comments Thursday, October 16, 2003, from 9 a.m. comments regarding this burden regarding each of these applications to 5:15 p.m. ET; and Friday, October 17, estimate or any other aspect of this must be received at the Reserve Bank 2003, from 8:30 a.m. to 12:30 p.m. ET. collection of information, including any indicated or the offices of the Board of ADDRESSES: Ronald Reagan Building of the following subjects: (1) The Governors not later than October 14, and International Trade Center, 1300 necessity and utility of the proposed 2003. Pennsylvania Avenue, NW., information collection for the proper A. Federal Reserve Bank of St. Louis Washington, DC 20004. performance of the agency’s functions; (Randall C. Sumner, Vice President) 411 Public Comments: The meeting (2) the accuracy of the estimated Locust Street, St. Louis, Missouri 63166- agenda will be posted at http:// burden; (3) ways to enhance the quality, 2034: www.bioethics.gov. Interested members utility, and clarity of the information to 1. Home Bancshares, Inc., Conway, of the public are encouraged to offer be collected; and (4) the use of Arkansas, and its subsidiary TCBancorp, comments, either in person or in automated collection techniques or Inc., North Little Rock, Arkansas; to writing. A period of time will be set other forms of information technology to acquire at least 80 percent and 20 aside during the meeting to receive minimize the information collection percent of the voting shares, comments from the public, beginning at burden. respectively, of CB Bancorp, Inc., 11:30 a.m., on Friday, October 17. Type of Information Collection Conway, Arkansas, and thereby Comments will be limited to no more Request: Extension of a currently

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approved collection; Title of Paperwork Reduction Act of 1995, the Written comments and Information Collection: State Health Centers for Medicare and Medicaid recommendations for the proposed Insurance Assistance Program (SHIP) Services (CMS) (formerly known as the information collections must be mailed Client Contact Form, Public and Media Health Care Financing Administration within 30 days of this notice directly to Activity Form, and Resource Report; (HCFA), Department of Health and the OMB desk officer: OMB Human Form No.: CMS–10028A, B, C (OMB# Human Services, is publishing the Resources and Housing Branch, 0938–0850); Use: The State Health following summary of proposed Attention: Brenda Aguilar, New Insurance Assistance Program (SHIP) collections for public comment. Executive Office Building, Room 10235, Client Contract form will be completed Interested persons are invited to send Washington, DC 20503. by SHIP counselors at each counseling comments regarding this burden Dated: September 12, 2003. event in order to collection SHIP estimate or any other aspect of this Julie Brown, performance data. This data will then be collection of information, including any accumulated and analyzed to measure of the following subjects: (1) The CMS Reports Clearance Officer, Office of SHIP performance; Frequency: Semi- necessity and utility of the proposed Strategic Operations and Strategic Affairs, Division of Regulations Development and annually and annually; Affected Public: information collection for the proper Issuances. State, Local, or Tribal Government, not- performance of the agency’s functions; [FR Doc. 03–23914 Filed 9–18–03; 8:45 am] for-profit institutions, and Federal (2) the accuracy of the estimated Government; Number of Respondents: burden; (3) ways to enhance the quality, BILLING CODE 4120–03–P 53; Total Annual Responses: 265; Total utility, and clarity of the information to Annual Hours: 159. be collected; and (4) the use of DEPARTMENT OF HEALTH AND To obtain copies of the supporting automated collection techniques or HUMAN SERVICES statement and any related forms for the other forms of information technology to proposed paperwork collections minimize the information collection Food and Drug Administration referenced above, access CMS’s Web burden. Site address at http://cms.hhs.gov/ Type of Information Collection [Docket No. 2003N–0424] regulations/pra/default.asp, or E-mail Request: New collection: Title of your request, including your address, Information Collection: Hospital Wage Agency Information Collection phone number, OMB number, and CMS Index Occupational Mix Survey and Activities; Proposed Collection; document identifier, to Supporting Regulations in 42 CFR Comment Request; Substantial [email protected], or call the Reports 412.230, 412.304 and 413.65; Form No.: Evidence of Effectiveness of New Clearance Office on (410) 786–1326. CMS–10079 (OMB# 0938–NEW); Use: In Animal Drugs Written comments and the May 4, 2001 Proposed Rule (66 FR AGENCY: Food and Drug Administration, recommendations for the proposed 22674), CMS proposed to conduct a HHS. information collections must be mailed special survey to collect data from a ACTION: Notice. within 60 days of this notice directly to sample of occupational categories that the CMS Paperwork Clearance Officer provide a valid measure of wage rates SUMMARY: The Food and Drug designated at the following address: within a geographical area. In the Administration (FDA) is announcing an CMS, Office of Strategic Operations and August 1, 2001 Final Rule (66 FR opportunity for public comment on the Regulatory Affairs, Division of 39860), we responded to comments proposed collection of certain Regulations Development and from the Proposed Rule and stated that, information by the agency. Under the Issuances, Attention: Melissa Musotto, CMS will conduct a special survey of all Paperwork Reduction Act of 1995 (the Room C5–14–03, 7500 Security short-term acute-care hospitals that are PRA), Federal agencies are required to Boulevard, Baltimore, Maryland 21244– required to report wage data to collect publish notice in the Federal Register 1850. these data. Section 304 of the Medicare, concerning each proposed collection of Dated: September 12, 2003. Medicaid, and SCHIP Benefits information including each proposed Improvement and Protection Act of Julie Brown, extension for an existing collection of 2000 requires CMS to collect wage data information, and to allow 60 days for CMS Reports Clearance Officer, Office of on hospital employees by occupational Strategic Operations and Strategic Affairs, public comment in response to the Division of Regulations Development and category. The collection is to be notice. This notice solicits comments on Issuances. completed by September 30, 2003 and the reporting requirements for meeting to be used to adjust the wage index by [FR Doc. 03–23913 Filed 9–18–03; 8:45 am] the substantial evidence standards October 1, 2004.; Frequency: Other: BILLING CODE 4120–03–P necessary for demonstrating the safety once every three years; Affected Public: and effectiveness of a new animal drug. Business or other for-profit, and not-for- profit institutions; Number of DATES: Submit written or electronic DEPARTMENT OF HEALTH AND comments on the collection of HUMAN SERVICES Respondents: 4,500; Total Annual Responses: 4,500; Total Annual Hours: information by November 18, 2003. Centers for Medicare and Medicaid 720,000. ADDRESSES: Submit electronic Services To obtain copies of the supporting comments on the collection of statement and any related forms for the information to: http://www.fda.gov/ [Document Identifier: CMS–10079] proposed paperwork collections dockets/ecomments. Submit written referenced above, access CMS Web Site comments on the collection of Agency Information Collection address at http://cms.hhs.gov/ information to the Division of Dockets Activities: Submission for OMB regulations/pra/default.asp, or E-mail Management (HFA–305), Food and Drug Review; Comment Request your request, including your address, Administration, 5630 Fishers Lane, rm AGENCY: Centers for Medicare and phone number, OMB number, and CMS 1061, Rockville, MD 20852. All Medicaid Services, HHS. document identifier, to comments should be identified with the In compliance with the requirement [email protected], or call the Reports docket number found in brackets in the of section 3506(c)(2)(A) of the Clearance Office on (410) 786–1326. heading of this document.

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FOR FURTHER INFORMATION CONTACT: the proposed collection of information the ADAA, substantial evidence is the Denver Presley, Office of Management is necessary for the proper performance standard that a sponsor must meet to Programs (HFA–250), Food and Drug of FDA‘s functions, including whether demonstrate the effectiveness of a new Administration, 5600 Fishers Lane, the information will have practical animal drug for its intended use under Rockville, MD 20857, 301–827–1472. utility; (2) the accuracy of FDA‘s the conditions suggested in its proposed SUPPLEMENTARY INFORMATION: Under the estimate of the burden of the proposed labeling. Section 514.4(a) gives FDA PRA (44 U.S.C. 3501–3520), Federal collection of information, including the greater flexibility to make case-specific agencies must obtain approval from the validity of the methodology and scientific determinations regarding the Office of Management and Budget assumptions used; (3) ways to enhance number and types of adequate and well- (OMB) for each collection of the quality, utility, and clarity of the controlled studies that will provide, in information they conduct or sponsor. information to be collected; and (4) an efficient manner, substantial ‘‘Collection of information’’ is defined ways to minimize the burden of the evidence that a new animal drug is in 44 U.S.C. 3502(3) and 5 CFR collection of information on effective. FDA believes this regulation 1320.3(c) and includes agency requests respondents, including through the use will address the following issues: (1) or requirements that members of the of automated collection techniques, Reduce the number of adequate and public submit reports, keep records, or when appropriate, and other forms of well-controlled studies necessary to provide information to a third party. information technology. demonstrate the effectiveness of certain Section 3506 (c)(2)(A) of the PRA (44 Substantial Evidence of Effectiveness of combination new animal drugs; (2) U.S.C. 3506(c)(2) (A)) requires Federal New Animal Drugs—21 CFR Part 514 eliminate the need for an adequate and agencies to provide a 60-day notice in well-controlled dose titration study; and the Federal Register concerning each (OMB Control Number 0910–0356)— may, in limited instances, (3) reduce or proposed collection of information, Extension eliminate the number of adequate and including each proposed extension of an Description: Congress enacted the well-controlled field investigations existing collection of information, Animal Drug Availability Act of 1996 necessary to demonstrate by substantial before submitting the collection to OMB (ADAA ) (Public Law 104–250) on evidence the effectiveness of a new for approval. To comply with this October 9, 1996. As directed by the requirement, FDA is publishing notice ADAA, FDA published a regulation, animal drug. Table 1 of this document of the proposed collection of § 514.4(a) (21 CFR 514.4(a)), to further represents the estimated burden of information set forth in this document. define substantial evidence in a manner meeting the substantial evidence With respect to the following that encourages the submission of standard. collection of information, FDA invites NADA’s and supplemental NADA’s and FDA estimates the burden of this comments on these topics: (1) Whether encourages dose range labeling. Under collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

514.4(a) 190 4.5 860 632.6 544,036 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: September 15, 2003. SUMMARY: The Food and Drug Programs (HFA–250), Food and Drug Jeffrey Shuren, Administration (FDA) is announcing Administration, 5600 Fishers Lane, rm. Assistant Commissioner for Policy. that a proposed collection of 4B–41, Rockville, MD 20857, 301–827– [FR Doc. 03–23940 Filed 9–18–03; 8:45 am] information has been submitted to the 1472. BILLING CODE 4160–01–S Office of Management and Budget SUPPLEMENTARY INFORMATION: In (OMB) for review and clearance under compliance with 44 U.S.C. 3507, FDA the Paperwork Reduction Act of 1995 has submitted the following proposed DEPARTMENT OF HEALTH AND (the PRA). collection of information to OMB for HUMAN SERVICES DATES: Fax written comments on the review and clearance. collection of information by October 20, Food and Drug Administration Evaluating the Safety of Antimicrobial 2003. New Animal Drugs With Regard to ADDRESSES: OMB is still experiencing Their Microbiological Effects on [Docket No. 1998D–1146] significant delays in the regular mail, Bacteria of Human Health Concerns Agency Information Collection including first class and express mail, This guidance document discusses a Activities; Submission for Office of and messenger deliveries are not being recommended approach for assessing Management and Budget Review; accepted. To ensure that comments on the antimicrobial resistance concerns as Comment Request; Evaluating the the information collection are received, part of the overall preapproval safety Safety of Antimicrobial New Animal OMB recommends that written evaluation of new animal drugs, Drugs With Regard to Their comments be faxed to the Office of focusing on the microbiological effects Microbiological Effects on Bacteria of Information and Regulatory Affairs, on bacteria of human health concern. In Human Health Concerns OMB, Attn: Fumie Yokota, Desk Officer particular, the guidance describes a for FDA, FAX: 202–395–6974, or e-mail methodology sponsors of antimicrobial comments to AGENCY: Food and Drug Administration, _ new animal drug applications for food- HHS. Fumie [email protected]. producing animals may use to complete FOR FURTHER INFORMATION CONTACT: a qualitative antimicrobial resistance ACTION: Notice. Denver Presley, Office of Management risk assessment. This risk assessment

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should be submitted to FDA for the information provided by the Office of antimicrobial drugs intended for use in purposes of evaluating the safety of the New Animal Drug Evaluation, Center for food-producing animals. new animal drug to human health. The Veterinary Medicine. The guidance In the Federal Register of September guidance document outlines a process document describes the type of 13, 2002 (67 FR 58058), FDA published for integrating relevant information into information that should be collected by a 60-day notice requesting public an overall estimate of risk and discusses the drug sponsor when completing the comment on the information collection possible risk management strategies. antimicrobial resistance risk assessment. Table 1 of this document represents FDA will use the risk assessment and provisions. No comments were received the estimated burden of meeting the supporting information to evaluate the in response to that notice. new reporting requests. The burden safety of original (21 CFR 514.1) or FDA estimates the burden for this estimates for these information supplemental (21 CFR 514.8) new collection of information: collection requests are based on animal drug applications (NADAs) for TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section No. of Respond- Annual Frequency Total Annual Hours per Re- 514.1(b)(8) and 514.8(a)(2) ents per Response Responses sponse Total Hours

Hazard Identification (initial 5 1 5 30 150 scoping of issues--relevant bac- teria, resistance determinants, food products; preliminary data gathering)

Release Assessment (literature 5 1 5 1,000 5,000 review; review of research re- ports; data development; com- pilation, and presentation)

Exposure Assessment (identi- 51 5 840 fying and extracting consumption data; estimating probability of contamination on food product)

Consequence Assessment (re- 51 5 420 view ranking of human drug im- portance table)

Risk Estimation (integration of 51 5 1260 risk components; development of potential arguments as basis for overall risk estimate)

Risk Management (discussion of 5 1 5 30 150 appropriate risk management activities)

Total Burden 5,420 1There are no capital costs or operating and maintenance costs associated with this collection of information. 2FDA estimates that on an annual basis an average of five NADAs (including original applications and major supplements) would be subject to information collection under this guidance. This estimate is based on a review of the number of major NADA approvals that occurred between October 1997 and October 2001. During that 4-year period, an average of five antimicrobial NADAs (including original and major supplements) was approved in food-producing animals per year. This estimate excludes NADAs for antimicrobial drug combinations, generic drug applications (abbreviated new animal drug applications), and certain supplemental NADAs.

Dated: September 15, 2003. DEPARTMENT OF HEALTH AND ‘‘Guidance for Industry: Notifying FDA Jeffrey Shuren, HUMAN SERVICES of Fatalities Related to Blood Collection Assistant Commissioner for Policy. or Transfusion’’ dated September 2003. Food and Drug Administration [FR Doc. 03–23941 Filed 9–18–03; 8:45 am] The guidance document provides [Docket No. 2002D–0124] recommendations to blood collection BILLING CODE 4160–01–S and transfusion facilities on reporting Guidance for Industry: Notifying FDA fatalities related to human blood and of Fatalities Related to Blood blood component collection or Collection or Transfusion; Availability transfusion to FDA’s Center for Biologics Evaluation and Research AGENCY: Food and Drug Administration, (CBER). The guidance announced in this HHS. notice finalizes the draft guidance of the ACTION: Notice. same title dated June 2002. SUMMARY: The Food and Drug DATES: Submit written or electronic Administration (FDA) is announcing the comments on agency guidances at any availability of a document entitled time.

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ADDRESSES: Submit written requests for III. Comments Information is also available on the single copies of the guidance to the Institute’s/Center’s home page: www.nih.gov/ Interested persons may, at any time, od/oar/index.htm, where an agenda and any Office of Communication, Training, and submit written or electronic comments Manufacturers Assistance (HFM–40), additional information for the meeting will to the Division of Dockets Management be posted when available. Center for Biologics Evaluation and (see ADDRESSES) regarding this (Catalogue of Federal Domestic Assistance Research (CBER), Food and Drug guidance. Submit a single copy of Administration, 1401 Rockville Pike, Program Nos. 93.14, Intramural Research electronic comments or two paper Training Award; 93.22, Clinical Research Rockville, MD 20852–1448. Send one copies of any mailed comments, except Loan Repayment Program for Individuals self-addressed adhesive label to assist that individuals may submit one paper form Disadvantaged Backgrounds; 93.232, the office in processing your requests. copy. Comments are to be identified Loan Repayment Program for Research The guidance may also be obtained by with the docket number found in Generally; 93.39, Academic Research mail by calling the CBER Voice brackets in the heading of this Enhancement Award; 93.936, NIH Acquired Information System at 1–800–835–4709 Immunodeficiency Syndrome Research Loan document. A copy of the guidance and Repayment Program; 93.187, Undergraduate or 301–827–1800. See the received comments are available for SUPPLEMENTARY INFORMATION section for Scholarship Program for Individuals from public examination in the Division of electronic access to the guidance Disadvantaged Backgrounds, National Dockets Management between 9 a.m. Institutes of Health, HHS) document. Submit written comments on the and 4 p.m., Monday through Friday. Dated: September 11, 2003. guidance to the Division of Dockets IV. Electronic Access LaVerne Y. Stringfield, Director, Office of Federal Advisory Management (HFA–305), Food and Drug Persons with access to the Internet Administration, 5630 Fishers Lane, rm. Committee Policy. may obtain the guidance at either http:/ [FR Doc. 03–23903 Filed 9–18–03; 8:45 am] 1061, Rockville, MD 20852. Submit /www.fda.gov/cber/guidelines.htm or BILLING CODE 4140–01–M electronic comments to http:// http://www.fda.gov/ohrms/dockets/ www.fda.gov/dockets/ecomments. default.htm. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Valerie A. Butler, Center for Biologics Dated: September 12, 2003. HUMAN SERVICES Evaluation and Research (HFM–17), Jeffrey Shuren, Assistant Commissioner for Policy. Food and Drug Administration, 1401 National Institutes of Health Rockville Pike, Rockville, MD 20852– [FR Doc. 03–23997 Filed 9–18–03; 8:45 am] 1448, 301–827–6210. BILLING CODE 4160–01–S Issues and Challenges in the Design SUPPLEMENTARY INFORMATION: and Conduct of Clinical Trials of Drugs in Pre-Term Infants and Neonates I. Background DEPARTMENT OF HEALTH AND FDA is announcing the availability of HUMAN SERVICES The National Institute of Child Health a document entitled ‘‘Guidance for and Human Development (NICHD) of Industry: Notifying FDA of Fatalities National Institutes of Health the National Institutes of Health (NIH), Related to Blood Collection or Department of Health and Human Office of the Director, National Transfusion’’ dated September 2003. Services, will sponsor a working Institutes of Health; Notice of Meeting The guidance provides meeting to explore approaches for the recommendations to blood collection or Pursuant to section 10(a) of the design and conduct of clinical trials to transfusion facilities on reporting to Federal Advisory Committee Act, as foster safe and effective drug therapies CBER fatalities related to human blood amended (5 U.S.C. Appendix 2), notice in pre-term infants and neonates on and blood component collection and is hereby given of a meeting of the March 29–March 30, 2004, at the transfusion. The guidance announced in Office of AIDS Research Advisory Baltimore and Washington International this notice finalizes the draft guidance Council. Airport Marriott Hotel. of the same title dated June 2002 (67 FR The meeting will be open to the The NICHD is sponsoring the meeting 38505, June 4, 2002). public, with attendance limited to space in collaboration with the Food and Drug The guidance is being issued available. Individuals who plan to Administration, the Fogarty consistent with FDA’s good guidance attend and need special assistance, such International Center, and other NIH practices regulation (21 CFR 10.115). as sign language interpretation or other institutes and centers, including the The guidance represents the agency’s reasonable accommodations, should National Cancer Institute; National current thinking on this topic. It does notify the Contact Person listed below Heart, Lung, and Blood Institute; not create or confer any rights for or on in advance of the meeting. National Institute of Dental and any person and does not operate to bind Craniofacial Research; National Institute Name of Committee: Office of AIDS FDA or the public. An alternative of Diabetes ands Digestive and Kidney Research Advisory Council. Diseases; National Institute of approach may be used if such approach Date: October 14–15, 2003. satisfies the requirement of the Time: 9 a.m. to 12 p.m. Neurological Disorders and Stroke; applicable statutes and regulations. Agenda: A Report of the Director National Institute of Allergy and addressing OAR initiatives. The topic of the Infectious Diseases; National Institute of II. Paperwork Reduction Act of 1995 meeting will be ‘‘Issues in Domestic and General Medical Sciences; National Eye This guidance contains information International Clinical Trails of Therapeutic Institute; National Institute of collection provisions that are subject to and Prevention Interventions.’’ Environmental Health Sciences; review by the Office of Management and Place: National Institutes of Health, Bldg. National Institute of Arthritis and Budget (OMB) under the Paperwork 31, 9000 Rockville Pike, Room 6C10, Musculoskeletal and Skin Diseases; Bethesda, MD 20892. Reduction Act of 1995 (44 U.S.C. 3501– Contact Person: Jack Whitescarver, National Institute of Mental Health; 3520). The collection(s) of information Director, Office of AIDS Research, OD, National Institute on Drug Abuse; in 21 CFR 606.170(b) cited in the National Institutes of Health, 9000 Rockville National Institute on Alcohol Abuse and guidance has been approved by OMB Pike, Building 2, Room 4E14, Bethesda, MD Alcoholism; National Institute of under OMB control number 0910–0116. 20892, (301) 496–0357. Nursing Research; National Human

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Genome Research Institute; National The meeting will be held at the DEPARTMENT OF HEALTH AND Center for Research Resources; and Natcher Bldg. Room E1–E2 45 Center HUMAN SERVICES National Center for Complementary and Dr., Bethesda, MD 20892. The meeting Alternative Medicine. is partially Closed to the public. National Institutes of Health The purpose of the working meeting Dated: September 11, 2003. National Institute of Child Health and is to discuss the current status of drug LaVerne Y. Stringfield, research in neonates and pre-term Human Development; Notice of Closed Director, Office of Federal Advisory Meeting infants. The meeting will focus on Committee Policy. exploring gaps in existing knowledge in [FR Doc. 03–23899 Filed 9–18–03; 8:45 am] Pursuant to section 10(d) of the this field and in developing strategies to BILLING CODE 4140–01–M Federal Advisory Committee Act, as rectify the gaps that could be amended (5 U.S.C. Appendix 2), notice implemented by federal agencies and is hereby given of the following the scientific community. DEPARTMENT OF HEALTH AND meeting. Participants at the meeting will HUMAN SERVICES The meeting will be closed to the develop recommendations for potential public in accordance with the research approaches for current and National Institutes of Health provisions set forth in sections future pharmaceutical agents for use in 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., newborns. The focus will be on issues National Institute of Child Health and as amended. The grant applications and related to: Trial design, ethics, Human Development; Notice of Closed the discussions could disclose pharmacokinetics, pharmacodynamics, Meeting confidential trade secrets or commercial efficacy and toxicity, drug formulations, property such as patentable material, Pursuant to section 10(d) of the drug prioritization, and surveillance of and personal information concerning Federal Advisory Committee Act, as adverse events. Additional discussion individuals associated with the grant amended (5 U.S.C. Appendix 2), notice will consider the assessment of long applications, the disclosure of which is hereby given of the following term outcomes and issues related to would constitute a clearly unwarranted meeting. research in small subpopulations. invasion of personal privacy. Attendance at the meeting will be The meeting will be closed to the limited. Persons interested in attending public in accordance with the Name of Committee: National Institute of provisions set forth in sections Child Health and Human Development the meeting should submit a request Special Emphasis Panel, Analysis of Cell containing the following information to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Cycle Checkpoints in Human Oocytes. . as amended. The grant applications and Date: October 16, 2003. Name the discussions could disclose Time: 10 a.m. to 12 p.m. Address confidential trade secrets or commercial Agenda: To review and evaluate grant Telephone property such as patentable material, applications. Fax and personal information concerning Place: National Institutes of Health, 6100 Executive Boulevard, 5B01, Rockville, MD E-mail individuals associated with the grant applications, the disclosure of which 20852 (Telephone Conference call). Persons interested in obtaining more would constitute a clearly unwarranted Contact Person: Jon M. Ranhand, Ph.D., information about the meeting may Scientist Review Administrator, Division of invasion of personal privacy. contact Dr. Donald Mattison, NICHD, Scientific Review, National Institute of Child 6100 Executive Boulevard, Room 4B– Name of Committee: National Institute of Health and Human Development, NIH, 6100 100, Rockville, MD 20892, e-mail Child Health and Human Development Executive Blvd., Room 5E03, Bethesda, MD , Special Emphasis Panel, Urine Sediment 20892, (301) 435–6884. telephone 301–496–5097 (not a toll-free DNA: Reproductive Status and Health Index. (Catalogue of Federal Domestic Assistance Date: October 14, 2003. number). Program Nos. 93.864, Population Research; Time: 3:30 p.m. to 5 p.m. 93.865, Research for Mothers and Children; Dated: September 12, 2003. Agenda: To review and evaluate grant 93.929, Center for Medical Rehabilitation Raynard Kington, applications. Research; 93.209, Contraception and Place: National Institutes of Health, 6100 Deputy Director, National Institutes of Health. Infertility Loan Repayment Program, National Executive Boulevard, 5B01, Rockville, MD Institutes of Health, HHS) [FR Doc. 03–23904 Filed 9–18–03; 8:45 am] 20852, (telephone conference Call). BILLING CODE 4140–01–P Contact Person: Jon R. Ranhand, PhD, Dated: September 11, 2003. Scientist Review Administrator, Division of LaVerne Y. Stringfield, Scientific Review, National Institute of Child Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Health and Human Development, NIH, 6100 Committee Policy. HUMAN SERVICES Executive Blvd., Room 5E03, Bethesda, MD [FR Doc. 03–23896 Filed 9–18–03; 8:45 am] 20892, (301) 435–6884. BILLING CODE 4140–01–M National Institutes of Health (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; Fogarty International Center; Amended DEPARTMENT OF HEALTH AND Notice of Meeting 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation HUMAN SERVICES Notice is hereby given of a change in Research; 93.209, Contraception and National Institutes of Health the meeting of the Fogarty International Infertility Loan Repayment Program, National Center Advisory Board, September 16, Institutes of Health, HHS) Dated: September 11, 2003. National Institute of Child Health and 2003, 8:30 a.m. to September 16, 2003, Human Development; Notice of Closed LaVerne Y. Stringfield, 5 p.m., National Institutes of Health, Meeting Lawton Chiles International House, Director, Office of Federal Advisory Bethesda, MD, 20892 which was Committee Policy. Pursuant to section 10(d) of the published in the Federal Register on [FR Doc. 03–23895 Filed 9–18–03; 8:45 am] Federal Advisory Committee Act, as September 9, 2003, 68 FR 174. BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice

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is hereby given of the following The meetings will be closed to the Name of Committee: National Institute of meeting. public in accordance with the Diabetes and Digestive and Kidney Diseases provisions set forth in sections Initial Review Group, Kidney, Urologic and The meeting will be closed to the Hematologic Diseases D Subcommittee. public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: November 5–6, 2003. provisions set forth in sections as amended. The grant applications and Open: November 5, 2003, 2 p.m. to 2:30 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose p.m. as amended. The grant applications and confidential trade secrets or commercial Agenda: To review procedures and discuss the discussions could disclose property such as patentable material, policies. confidential trade secrets or commercial and personal information concerning Place: Crystal City Court Yard by Marriott, property such as patentable material, individuals associated with the grant 2899 Jefferson Davis Highway, Arlington, VA 22202. and personal information concerning applications, the disclosure of which would constitute a clearly unwarranted Closed: November 5, 2003, 2:30 p.m. to 5 individuals associated with the grant p.m. applications, the disclosure of which invasion of personal privacy. Agenda: To review and evaluate grant would constitute a clearly unwarranted Name of Committee: National Institute of applications. invasion of personal privacy. Diabetes and Digestive and Kidney Diseases Place: Crystal City Court Yard by Marriott, Name of Committee: National Institute of Initial Review Group, Diabetes, 2899 Jefferson Davis Highway, Arlington, VA Endocrinology and Metabolic Diseases B Child Health and Human Development Initial 22202. Subcommittee. Review Group, Pediatrics Subcommittee. Closed: November 6, 2003, 8 a.m. to 5 p.m. Date: October 21–22, 2003. Date: October 15–16, 2003. Agenda: To review and evaluate grant Open: October 21, 2003, 7 p.m. to 7:30 p.m. Time: 9 a.m. to 5 p.m. applications. Agenda: To review procedures and discuss Agenda: To review and evaluate grant Place: Crystal City Court Yard by Marriott, policies. 2899 Jefferson Davis Highway, Arlington, VA applications. Place: Four Points by Sheraton Bethesda, Place: Hyatt Regency Bethesda, One 22202. 8400 Wisconsin Avenue, Bethesda, MD Contact Person: Neal A. Musto, PhD, Bethesda Metro Center, 7400 Wisconsin 20814. Avenue, Bethesda, MD 20814. Scientific Review Administrator, Review Contact Person: Rita Anand, Ph.D., Closed: October 21, 2003, 7:30 p.m. to 10 Branch, DEA, NIDDK, National Institutes of p.m. Scientific Review Administrator, Division of Health, Room 751, 6707 Democracy Agenda: To review and evaluate grant Boulevard, Bethesda, MD 20892–6600, (301) Scientific Review, National Institute of Child applications. 594–7798, [email protected]. Health and Human Development, NIH, 9000 Place: Four Points by Sheraton Bethesda, Rockville Pike, MSC 7510, 6100 Building, (Catalogue of Federal Domestic Assistance 8400 Wisconsin Avenue, Bethesda, MD Program Nos. 93.847, Diabetes, Room 5B01, Bethesda, MD 20892, (301) 496– 20814. 1487, [email protected]. Endocrinology and Metabolic Research; Closed: October 22, 2003, 8 a.m. to 5 p.m. 93.848, Digestive Diseases and Nutrition (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Research; 93.849, Kidney Diseases, Urology Program Nos. 93.864, Population Research; applications. and Hematology Research, National Institutes 93.865, Research for Mothers and Children; Place: Four Points by Sheraton Bethesda, of Health, HHS) 93.929, Center for Medical Rehabilitation 8400 Wisconsin Avenue, Bethesda, MD Dated: September 11, 2003. Research; 93.209, Contraception and 20814. Infertility Loan Repayment Program, National Contact Person: John F. Connaughton, PhD, LaVerne Y. Stringfield, Institutes of Health, HHS) Scientific Review Administrator, Review Director, Office of Federal Advisory Dated: September 11, 2003 Branch, DEA, NIDDK, National Institutes of Committee Policy. Health, Room 757, 6707 Democracy LaVerne Y. Stringfield, [FR Doc. 03–23898 Filed 9–18–03; 8:45 am] Boulevard, Bethesda, MD 20892, (301) 594– BILLING CODE 4140–01–M Director, Office of Federal Advisory 7797, [email protected]. Committee Policy. Name of Committee: National Institute of [FR Doc. 03–23897 Filed 9–18–03; 8:45 am] Diabetes and Digestive and Kidney Diseases DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–M Initial Review Group, Digestive Diseases and HUMAN SERVICES Nutrition C Subcommittee. Date: October 29–30, 2003. National Institutes of Health DEPARTMENT OF HEALTH AND Open: October 29, 2003, 1 p.m. to 1:30 p.m. HUMAN SERVICES Agenda: To review procedures and discuss National Institute of Child Health and policies. Human Development; Notice of Closed National Institutes of Health Place: Ritz-Carlton Hotel at Pentagon City, 1250 South Hayes Street, Arlington, VA Meeting National Institute of Diabetes and 22202. Pursuant to section 10(d) of the Digestive and Kidney Diseases; Notice Closed: October 29, 2003, 1:30 p.m. to 5 Federal Advisory Committee Act, as of Meetings p.m. Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice is hereby given of the following Pursuant to section 10(d) of the applications. Place: Ritz-Carlton Hotel at Pentagon City, meeting. Federal Advisory Committee Act, as 1250 South Hayes Street, Arlington, VA The meeting will be closed to the amended (5 U.S.C. Appendix 2), notice 22202. public in accordance with the is hereby given of the following Closed: October 30, 2003, 8 a.m. to 5 p.m. provisions set forth in sections meetings. Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meetings will be open to the applications. as amended. The grant applications and public as indicated below, with Place: Ritz-Carlton Hotel at Pentagon City, the discussions could disclose attendance limited to space available. 1250 South Hayes Street, Arlington, VA confidential trade secrets or commercial Individuals who plan to attend and 22202. property such as patentable material, need special assistance, such as sign Contact Person: Carolyn Miles, PhD, Scientific Review Administrator, Review and personal information concerning language interpretation or other Branch, DEA, NIDDK, National Institutes of individuals associated with the grant reasonable accommodations, should Health, Room 755, 6707 Democracy applications, the disclosure of which notify the Contact Person listed below Boulevard, Bethesda, MD 20892, (301) 594– would constitute a clearly unwarranted in advance of the meeting. 7791, [email protected]. invasion of personal privacy.

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Name of Committee: National Institute of Research, National Institutes of Health, Dated: September 12, 2003. Child Health and Human Development Initial Bethesda, MD 20892–6402, 301–594–5006. LaVerne Y. Stringfield, Review Group, Obstetrics and Maternal-Fetal This notice is being published less than 15 Biology Subcommittee. days prior to the meeting due to the timing Director, Office of Federal Advisory Date: October 20–21, 2003. limitations imposed by the review and Committee Policy. Time: 9 a.m. to 5 p.m. funding cycle. [FR Doc. 03–23901 Filed 9–18–03; 8:45 am] Agenda: To review and evaluate grant Name of Committee: National Institute of BILLING CODE 4140–01–M applications. Dental and Craniofacial Research Special Place: Hyatt Regency Bethesda, One Emphasis Panel, 04–14, Review of R01s. Bethesda Metro Center, 7400 Wisconsin Date: October 27, 2003. DEPARTMENT OF HEALTH AND Avenue, Bethesda, MD 20814. Contact Person: Gopal M. Bhatnagar, PhD, Time: 10 a.m. to 11:30 a.m. HUMAN SERVICES Scientific Review Administrator, Division of Agenda: To review and evaluate grant Scientific Review, National Institute of Child applications. National Institutes of Health Health and Human Development, Bethesda, Place: National Institutes of Health, MD 20892. Natcher Building, 45 Center Drive, Bethesda, National Institute of Child Health and MD 20892, (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Human Development; Notice of Closed Contact Person: Rebecca Roper, MS, MPH, Meeting Program Nos. 93.864, Population Research; Scientific Review Administrator, Scientific 93.865, Research for Mothers and Children; Review Branch, Division of Extramural 93.929, Center for Medical Rehabilitation Research, National Inst. of Dental & Pursuant to section 10(d) of the Research; 93.209, Contraception and Craniofacial Research, National Institutes of Federal Advisory Committee Act, as Infertility Loan Repayment Program, National Health, 45 Center Dr., room 4AN32E, amended (5 U.S.C. Appendix 2), notice Institutes of Health, HHS) Bethesda, MD 20892, 301–451–5096. is hereby given of the following Dated: September 11, 2003. Name of Committee: National Institute of meeting. LaVerne Y. Stringfield, Dental and Craniofacial Research Special The meeting will be closed to the Director, Office of Federal Advisory Emphasis Panel, 04–16, Review of RFA public in accordance with the Committee Policy. DE04–001. provisions set forth in sections [FR Doc. 03–23900 Filed 9–18–03; 8:45 am] Date: November 20, 2003. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant as amended. The grant applications and applications. the discussions could disclose DEPARTMENT OF HEALTH AND Place: Bethesda Marriott, 5151 Pooks Hill confidential trade secrets or commercial HUMAN SERVICES Road, Bethesda, MD 20814. property such as patentable material, Contact Person: Yujing Liu, MD, PhD, and personal information concerning National Institutes of Health Scientific Review Administrator, National individuals associated with the grant Institute of Dental & Craniofacial Res., 45 applications, the disclosure of which National Institute of Dental & Center Drive, Natcher Building, Rm. 4AN38E, Bethesda, MD 20892, (301) 594–3169, would constitute a clearly unwarranted Craniofacial Research; Notice of _ invasion of personal privacy. Closed Meetings yujing [email protected].. Name of Committee: National Institute of Name of Committee: National Institute of Pursuant to section 10(d) of the Dental and Craniofacial Research Special Child Health and Human Development Initial Federal Advisory Committee Act, as Emphasis Panel, 04–12, Review of R44s. Review Group, Reproduction, Andrology, amended (5 U.S.C. Appendix 2), notice Date: December 9, 2003. and Gynecology Subcommittee. is hereby given of the following Time: 1 p.m. to 3 p.m. Date: October 21–22, 2003. Agenda: To review and evaluate grant meetings. Time: 7:30 p.m. to 5 p.m. applications. The meetings will be closed to the Agenda: To review and evaluate grant Place: National Institutes of Health, public in accordance with the applications. provisions set forth in sections Natcher Building, 45 Center Drive, Bethesda, MD 20892, (Telephone Conference Call). Place: Holiday Inn Select Bethesda, 8120 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Philip Washko, PhD, DMD, Wisconsin Ave, Bethesda, MD 20814. as amended. The grant applications and Scientific Review Administrator, 45 Center Contact Person: Jon M. Ranhand, PhD, the discussions could disclose Drive, Natcher Building, Rm. 4AN44F, Scientist Review Administrator, Division of confidential trade secrets or commercial National Institutes of Health, Bethesda, MD Scientific Review, National Institute of Child property such as patentable material, 20892, (301) 594–2372. Health and Human Development, NIH, 6100 and personal information concerning Name of Committee: National Institute of Executive Boulevard, Room 5B01, Bethesda, individuals associated with the grant Dental and Craniofacial Research Special MD 20892, (301) 435–6884, applications, the disclosure of which Emphasis Panel, 04–09, Review of R44s. [email protected]. Date: December 11, 2003. would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance invasion of personal privacy. Time: 1 p.m. to 3 p.m. Agenda: To review and evaluate grant Program Nos. 93.864, Population Research, Name of Committee: National Institute of applications. 93.865, Research for Mothers and Children; Dental and Craniofacial Research Special Place: National Institutes of Health, 93.929, Center for Medical Rehabilitation Emphasis Panel, 4–17, Review of K22s. Natcher Building, 45 Center Drive, Bethesda, Research; 93.209, Contraception and Date: September 24, 2003. MD 20892, (Telephone Conference Call). Infertility Loan Repayment Program, National Time: 2 p.m. to 3 p.m. Contact Person: Philip Washko, PhD, DMD, Institutes of Health, HHS) Agenda: To review and evaluate grant Scientific Review Administrator, 45 Center applications. Dated: September 11, 2003. Drive, Natcher Building, Rm. 4AN44F, Place: National Institutes of Health, LaVerne Y. Stringfield, National Institutes of Health, Bethesda, MD Natcher Building, 45 Center Drive, Bethesda, 20892, (301) 594–2372. Director, Office of Federal Advisory MD 20892, (Telephone Conference Call). Committee Policy. Contact Person: Lynn M. King, PhD, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Scientific Program Nos. 93.121, Oral Diseases and [FR Doc. 03–23902 Filed 9–18–03; 8:45 am] Review Branch, 45 Center Dr., Rm. 4AN–38K, Disorders Research, National Institutes of BILLING CODE 4140–01–M National Institute of Dental & Craniofacial Health, HHS)

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DEPARTMENT OF HEALTH AND pharmaceutical use and pediatric and Customs Enforcement, has HUMAN SERVICES research, developed a preliminary list of submitted the following information certain off-patent drugs that it collection request for review and National Institutes of Health categorized as a function of indication clearance in accordance with the and use. The drugs were then Paperwork Reduction Act of 1995. The Pediatric Pharmaceutical Usage— prioritized based on frequency of use in proposed information collection is Request for Comment the pediatric population, severity of the published to obtain comments from the AGENCY: National Institutes of Health, condition being treated, and potential public and affected agencies. Comments DHHS. for providing a health benefit in the are encouraged and will be accepted for ACTION: Notice. pediatric population. This initial listing sixty days until November 18, 2003. was published in the Federal Register Written comments and suggestions SUMMARY: The National Institute of on January 21, 2003 (68 FR 2789). from the public and affected agencies Child Health and Human Development Current Data Needs concerning the proposed collection of (NICHD) of the National Institutes of information should address one or more Health (NIH) is interested in identifying To further support the development of of the following four points: and obtaining information on a list of drugs that need studies in (1) Evaluate whether the proposed prescription drug use in pediatric and pediatric populations, the NICHD is collection of information is necessary young adult populations, neonates to seeking information on current usage, in for the proper performance of the age 18. This notice is a request for terms of frequency, prevalence, functions of the agency, including information and not a Request for duration, indication and (possibly) whether the information will have Proposal (RFP) or solicitation. toxicity, of drugs in pediatric practical utility; SUPPLEMENTARY INFORMATION: populations. The NICHD will use the (2) Evaluate the accuracy of the available databases and analyses to agencies estimate of the burden of the Background prioritize drugs to be further tested in proposed collection of information, these populations. On January 4, 2002, President George including the validity of the W. Bush signed into law the Best ADDRESSES: Any organization with data methodology and assumptions used; Pharmaceuticals for Children Act on prescriptions written and filled for (3) Enhance the quality, utility, and (BPCA), Pub. L. 107–109. The BPCA pediatric populations is requested to clarity of the information to be mandates that the NIH, in consultation contact NICHD with a complete collected; and with the Food and Drug Administration statement of what is available and any (4) Minimize the burden of the (FDA) and experts in pediatric research, associated costs for access to the collection of information on those who develop, prioritize, and publish an database and analyses of the data. are to respond, including through the annual list of certain approved drugs for Specifically, organizations with such use of appropriate automated, which pediatric studies are needed. For data, or expertise analyzing such data, electronic, mechanical, or other inclusion on the list, an approved drug should contact Tamar Lasky, Ph.D., technological collection techniques or must meet the following criteria: (1) NICHD, Mailstop 7510, 6100 Executive other forms of information technology, There must be an approved application Boulevard, Rockville, MD 20892, 301– e.g., permitting electronic submission of under section 505(j) of the Federal Food, 594–8670, responses. Drug, and Cosmetic Act (21 U.S.C. [email protected],gov. Overview of this information 355(j)); or (2) there must be a submitted Due Date: Organizations providing collection: application that could be approved information on prescriptions written (1) Type of Information Collection: under the criteria of section 505(j) of the and filled for pediatric populations Revision of a currently approved Federal Food, Drug, and Cosmetic Act; should contact Dr. Tamar Lasky on or collection. or (3) there must be no patent protection before November 18, 2003. (2) Title of the Form/Collection: or market exclusivity protection under Dated: September 11, 2003. the Federal Food, Drug, and Cosmetic Memorandum of Understanding to Elias A. Zerhouni, Act; or (4) there must be a referral for Participate in an Employment Eligibility inclusion on the list under section Director, National Institutes of Health. Confirmation Pilot Program. 505A(d)(4)(c) of the Federal Food, Drug, [FR Doc. 03–23905 Filed 9–18–03; 8:45 am] (3) Agency form number, if any, and and Cosmetic Act; and, in the case of BILLING CODE 4140–01–P the applicable component of the drugs referred to in criteria (1), (2), or Department of Justice sponsoring the (3), additional studies must be needed collection: No Agency Form Number to assess the safety and effectiveness of DEPARTMENT OF HOMELAND (File No. OMB–18). SAVE Program, the use of the drug in the pediatric SECURITY Bureau of Immigration and Customs population. Enforcement. The BPCA further stipulates that in Bureau of Immigration and Customs (4) Affected public who will be asked developing and prioritizing the list, the Enforcement or required to respond, as well as a brief NIH shall consider for each drug on the abstract: Primary: Individuals or Agency Information Collection list: (1) The availability of information households. Employers electing to Activities: Proposed Collection; concerning the safe and effective use of participate in a pilot will execute a Comment Request the drug in the pediatric population; (2) Memorandum of Understanding with whether additional information is ACTION: 60–Day Notice of Information the Immigration and Naturalization needed; (3) whether new pediatric Collection Under Review; Memorandum Service and the Social Security studies concerning the drug may of Understanding to Participate in an Administration (if applicable), that produce health benefits in the pediatric Employment Eligibility Confirmation provides the specific terms and population; and (4) whether Pilot Program (OMB–18). conditions governing the pilot and reformulation of the drug is necessary. company information for each site that Recently, NIH, in consultation with The Department of Homeland will be performing employment the FDA and other experts in Security (DHS), Bureau of Immigration verification queries.

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(5) An estimate of the total number of SUPPLEMENTARY INFORMATION: In DEPARTMENT OF THE INTERIOR respondents and the amount of time accordance with the December 12, 1988 estimated for an average respondent to court order in National Coalition for the Fish and Wildlife Service respond: 5,000 responses at 1 hour and Homeless v. Veterans Administration, Notice of Availability of the Approved 20 minutes (1.33 hours) per response. No. 88–2503–OG (D.D.C.), HUD Recovery Plan for the Karner Blue (6) An estimate of the total public publishes a Notice, on a weekly basis, Butterfly (Lycaeides melissa samuelis) burden (in hours) associated with the identifying unutilized, underutilized, collection: 6,650 annual burden hours. excess and surplus Federal buildings AGENCY: Fish and Wildlife Service, If you have additional comments, and real property that HUD has Interior. suggestions, or need a copy of the reviewed for suitability for use to assist ACTION: Notice of document availability. proposed information collection the homeless. Today’s Notice is for the instrument with instructions, or SUMMARY: The U.S. Fish and Wildlife additional information, please contact purpose of announcing that no additional properties have been Service (Service) announce the Richard A. Sloan 202–514–3291, availability of the approved recovery determined suitable or unsuitable this Director, Regulations and Forms plan for the Karner blue butterfly week. Services Division, Immigration and (Lycaeides melissa samuelis), a species Naturalization Service, U.S. Department Dated: September 11, 2003. that is federally-listed as endangered of Justice, Room 4034, 425 I Street, NW., John D. Garrity, under the Endangered Species Act of Washington, DC 20536. Additionally, Director, Office of Special Needs Assistance 1973 (Act), as amended (16 U.S.C. 1531 comments and/or suggestions regarding Programs. et seq.). This species occurs or may the item(s) contained in this notice, [FR Doc. 03–23635 Filed 9–18–03; 8:45 am] occur on public and private land in especially regarding the estimated Indiana, Michigan, Minnesota, New BILLING CODE 4210–29–M public burden and associated response Hampshire, New York, Ohio, and time may also be directed to Mr. Wisconsin. Actions identified for Richard A. Sloan. recovery of the Karner blue butterfly If additional information is required DEPARTMENT OF THE INTERIOR seek to restore and protect an adequate contact: Ms. Theresa O’Malley, Chief number of populations throughout its Information Officer, Department of Office of the Secretary range to ensure long-term viability of Homeland Security, Regional Office the species in the wild. Building 3, 7th and D Streets, SW., Suite Guam War Claims Review ADDRESSES: U.S. Fish and Wildlife 4636–26, Washington, DC 20202. Commission; Establishment and Service’s approved recovery plans are Dated: September 25, 2003. Notice of Meeting available from: Stephen Tarragon, 1. Fish and Wildlife Reference Acting Department Clearance Officer, The Guam War Claims Review Service, 5430 Grosvenor Lane, Suite Department of Homeland Security, Bureau Commission, established by the 110, Bethesda, Maryland 20814 (the fee of Immigration and Customs Enforcement. Secretary of the Interior pursuant to for the plan varies depending on the [FR Doc. 03–23893 Filed 9–18–03; 8:45 am] Public Law 107–333, will meet to number of pages of the plan). BILLING CODE 4410–10–M organize the Commission and begin 2. Field Supervisor, U.S. Fish and planning its work on Friday, October 3, Wildlife Service, Green Bay, Wisconsin, 2003, from 10 a.m. to noon, in room Ecological Services Field Office, 2661 DEPARTMENT OF HOUSING AND 7000A, Department of the Interior, 1849 Scott Tower Drive, New Franken, Wisconsin 54229. URBAN DEVELOPMENT C Street, NW., Washington, DC 20240. 3. The World Wide Web at: http:// [Docket No. FR–4809–N–38] Members of the public may attend the endangered.fws.gov/RECOVERY/ meeting in person. RECPLANS/Index.htm. Federal Property Suitable as Facilities Any member of the public wishing To Assist the Homeless FOR FURTHER INFORMATION CONTACT: Ms. further information concerning the Catherine Carnes, Green Bay, Ecological AGENCY: Office of the Assistant meeting or a draft meeting agenda Services Field Office (see ADDRESSES Secretary for Community Planning and should communicate with Mr. Stephen section No. 2 above); telephone (920) Development, HUD. Sander, Designated Federal Official for 866–1732. The Fish and Wildlife ACTION: Notice. the Guam War Claims Review Reference Service may be reached at Commission, Office of Insular Affairs, (301) 492–6403 or (800) 582–3421. TTY SUMMARY: This notice identifies Department of the Interior, Washington, users may contact Ms. Carnes and the unutilized, underutilized, excess, and DC 20240, phone (202) 208–4754, Fish and Wildlife Reference Service surplus Federal property reviewed by telecopier (202) 501–7759, or via e-mail through the Federal Relay Service at HUD for suitability for possible use to at [email protected]. (800) 877–8339. assist the homeless. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: September 19, 2003. Stephen D. Sander, FOR FURTHER INFORMATION CONTACT: Designated Federal Officer, Guam War Claims Background Mark Johnston, Department of Housing Review Commission. Recovery of endangered or threatened and Urban Development, Room 7262, [FR Doc. 03–24067 Filed 9–18–03; 8:45 am] animals or plants is a primary goal of 451 Seventh Street, SW., Washington, BILLING CODE 4310–93–M the Service’s endangered species DC 20410; telephone (202) 708–1234; program. A species is considered TTY number for the hearing- and recovered when the species’ ecosystem speech-impaired (202) 708–2565, (these is restored and/or threats to the species telephone numbers are not toll-free), or are removed so that self-sustaining and call the toll-free Title V information line self-regulating populations of the at 1–800–927–7588. species can be supported as persistent

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members of native biotic communities. at least 13 recovery units across the Resource Area RMP (1991) for those Recovery plans describe actions butterfly’s range and are being managed lands included within the CMPA considered necessary for the consistent with the recovery objectives boundary. The Draft RMP/Draft EIS conservation of the species, establish outlined in this plan. Delisting will be evaluates five alternative management criteria for reclassification to threatened considered when a minimum of 29 approaches, including a No Action status or delisting listed species, and metapopulations (13 viable and 16 large (current management) Alternative. estimate time and cost for implementing viable metapopulations) have been DATES: Written comments on the Draft the measures needed for recovery. established within at least 13 recovery RMP/Draft EIS will be accepted for 90 The Endangered Species Act of 1973, units and are being managed consistent days following publication of the as amended, requires that recovery with the plan. Environmental Protection Agency’s plans be developed for listed species Authority: The authority for this action is Notice of Availability for this Draft unless such a plan would not promote section 4(f) of the Endangered Species Act, RMP/Draft EIS in the Federal Register. the conservation of a particular species. 16 U.S.C. 1533 (f). Future public meetings and any other Section 4(f) of the Act, as amended in Dated: May 9, 2003. public involvement activities will be 1988, requires that during recovery plan announced at least 15 days in advance Charles M. Wooley, development, we provide public notice through public notices, media news and an opportunity for public review Assistant Regional Director, Ecological releases, the project Web site at http:// and comment. Information presented Services, Region 3, Fort Snelling, Minnesota. www.or.blm.gov/Burns/, and/or during the comment period has been [FR Doc. 03–23930 Filed 9–18–03; 8:45 am] mailings. considered in the preparation of the BILLING CODE 4310–55–P ADDRESSES: Written comments should approved recovery plan, and is be sent to Rhonda Karges, Bureau of summarized in an appendix to the Land Management, Burns District recovery plan. We will forward DEPARTMENT OF THE INTERIOR Office, 28910 Hwy 20 West, Hines, substantive comments regarding Oregon 97738; Fax (541) 573–4411 or e- recovery plan implementation to Bureau of Land Management mail ([email protected]). appropriate Federal agencies and other [OR–027–1610–DP; G–03–0234] Comments, including names, street entities so they can take these comments addresses, and other contact into account during the course of Notice of Availability of a Draft information of respondents, will be implementing recovery actions. Resource Management Plan and Draft The Karner blue butterfly was listed Environmental Impact Statement for available for public review. Individual respondents may request as endangered on January 21, 1992. The the Andrews Management Unit/Steens confidentiality. If you wish to request butterfly depends on savanna and Mountain Cooperative Management that BLM consider withholding your barrens habitats that support wild and Protection Area lupine (Lupinus perennis), the only name, street address, and other contact plant on which Karner blue butterfly AGENCY: Bureau of Land Management information such as Internet address, larvae (or caterpillars) are known to (BLM). Fax or phone number, from public feed. Continued loss and alteration to ACTION: Notice of Availability of Draft review or from disclosure under the habitat due to commercial, residential, Resource Management Plan and Freedom of Information Act, you must and agricultural development, Environmental Impact Statement (Draft state this prominently at the beginning fragmentation, and habitat degradation RMP/Draft EIS) for the Andrews of your comment. BLM will honor through succession have been identified Management Unit and the Steens requests for confidentiality on a case-by- as the primary reasons for this species’ Mountain Cooperative Management and case basis to the extent allowed by law. endangered status and continue to be Protection Area (CMPA). BLM will make available for public the primary threats to its recovery. inspection in their entirety all Today, the butterfly inhabits remnant SUMMARY: In accordance with Section submissions from organizations or savanna and barrens habitats, as well as 202 of the National Environmental businesses, and from individuals other more disturbed habitat sites Policy Act of 1969, and under authority identifying themselves as including forest stands, military bases, of the Federal Land Policy and representatives or officials of utility and road rights-of-way, and Management Act of 1976, a Draft RMP/ organizations or businesses. airports. Wisconsin and Michigan Draft EIS has been prepared for the Copies of the Draft RMP/Draft EIS support the majority of populations Andrews Management Unit and the have been sent to affected Federal, throughout the range. CMPA. The planning area, which Tribal, State and local Government The objective of this plan is to consists of the Andrews Management agencies, and to interested publics and provide a framework for the recovery of Unit (public land in the Andrews are available at the Burns District Office. the Karner blue butterfly so that Resource Area outside of the CMPA The planning documents and direct protection by the Act is no longer totaling 1,221,314 acres) and public supporting record for the analysis for necessary. As recovery criteria are met, land in the CMPA (totaling 428,156 the Draft RMP/Draft EIS will be the status of the species will be acres), lies in Harney and Malheur available for inspection at the Burns reviewed and it will be considered for Counties, Oregon. The Draft RMP/Draft District Office during normal business removal from the list of Endangered and EIS provides direction and guidance for hours (7:45 a.m. to 4:30 p.m. Monday Threatened Wildlife and Plants (50 CFR the management of public lands and through Friday, except holidays). The part 17). The Karner blue butterfly will resources within the Planning Area as Draft RMP/Draft EIS and other be considered for reclassification to well as monitoring and evaluation associated documents may be viewed threatened when a minimum of 27 requirements. Once approved, the and downloaded in PDF format at the metapopulations [19 viable Andrews Management Unit and CMPA project Web site at http:// metapopulations (supporting 3,000 RMPs will supercede all existing www.or.blm.gov/Burns/. butterflies each), and 8 large viable management plans for the public land FOR FURTHER INFORMATION CONTACT: For metapopulations (supporting 6,000 within the Planning Area, including further information and/or to have your butterflies each)] are established within amending a portion of the Three Rivers name added to our mailing list, contact

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Rhonda Karges (541) 573–4433 or Gary the Planning Criteria, which are the Washington Foulkes (541) 573–4541 at the Burns constraints or ground rules directing T. 21 N., R. 10 W., accepted June 18, 2003. District Office. development of the RMP, are outlined T. 21 N., R. 11 W., accepted June 18, 2003. SUPPLEMENTARY INFORMATION: The in Appendix D (Legal Authorities, The plats of survey of the following Steens Mountain Cooperative Planning Criteria and Management described lands were officially filed in Management and Protection Act (Steens Direction and Consistency with Other the Oregon State Office, Portland, Act) of 2000 (Pub. L. 106–399) Plans). Oregon, July 23, 2003. established the 496,136-acre CMPA There have been numerous primarily within the Andrews Resource opportunities for public involvement in Oregon Area (a small portion is within the the process to date, including four T. 17 S., R. 8 W., accepted July 18, 2003. Three Rivers Resource Area). The separate public scoping meetings held T. 19 S., R. 2 W., accepted July 18, 2003. Andrews Resource Area and the CMPA in Burns, Frenchglen, Portland, and Washington Bend, Oregon. A newsletter was also portion of the Three Rivers Resource T. 39 N., R. 28 E., accepted July 18, 2003. Area comprise the Planning Area. The mailed to all interested parties remaining portion of the Andrews requesting input on the alternatives, A copy of the plats may be obtained Resource Area outside of the CMPA is planning criteria, and the goals and from the Public Room at the Oregon identified as the Andrews Management objectives for resource management. In State Office, Bureau of Land Unit. Other special designated areas addition, the Steens Mountain Advisory Management, 333 S.W. 1st Avenue, were created by the Steens Act and Council and the Southeast Oregon Portland, Oregon 97204, upon required include the Wildland Juniper Resource Advisory Council have closely payment. A person or party who wishes Management Area, the Steens Mountain participated in the process. to protest against a survey must file a Wilderness (170,084 acres), new Wild Numerous meetings have been held notice that they wish to protest, (at the and Scenic River designations, a no and coordination has been conducted above address) with the State Director, livestock grazing area (97,229 acres), with the Burns Paiute Tribal Council, Bureau of Land Management, Portland, and the Donner und Blitzen Redband Oregon Department of Fish and Oregon. FOR FURTHER INFORMATION CONTACT: Trout Reserve. In addition, the Steens Wildlife, the Governor’s Office, Oregon Chief, Branch of Cadastral Survey, Act authorized five specific land Department of Environmental Quality, Bureau of Land Management (333 S.W. exchanges, created a citizen’s advisory U.S. Fish and Wildlife Service— 1st Avenue) P.O. Box 2965, Portland, council (Steens Mountain Advisory Ecological Services and Malheur Oregon 97208. Council), established a Mineral National Wildlife Refuge, the City of Withdrawal Area, and created new Burns, the City of Hines, Oregon Dated: September 10, 2003. Wilderness Study Area (WSA) Department of Water Resources, the Robert D. DeViney, Jr., boundaries. Congress recognized that Harney County Court, Harney County Branch of Realty and Records Services. the CMPA provides for exceptional Chamber of Commerce, and adjacent [FR Doc. 03–23915 Filed 9–18–03; 8:45 am] cooperative management opportunities BLM offices. BILLING CODE 4310–33–P and offers outstanding natural, cultural, Dated: July 16, 2003. scenic, wilderness, and recreational Elaine M. Brong, resources. To ensure that these State Director, Oregon/Washington. INTERNATIONAL TRADE resources are appropriately managed, [FR Doc. 03–21072 Filed 9–18–03; 8:45 am] COMMISSION the Steens Act requires that a BILLING CODE 4310–33–P management plan be completed within [Inv. No. 337–TA–493] four years of passage of the Steens Act. Certain Zero-Mercury-Added Alkaline At the end of the planning/analysis DEPARTMENT OF THE INTERIOR Batteries, Parts Thereof, and Products process, the CMPA and Andrews Containing Same; Notice of a Management Unit RMPs will be Bureau of Land Management Commission Determination Not to finalized in two separate Records of Review an Initial Determination Decision. [OR–957–00–1420–BJ: GP03–0284] Amending the Complaint and Notice of The Draft RMP/Draft EIS contains five Filing of Plats of Survey: Oregon/ Investigation To Add a Respondent to alternatives. Alternative A is a no Washington the Investigation action/continuation of current management alternative. Alternative B AGENCY: Bureau of Land Management, AGENCY: International Trade excludes commodity production and Interior. Commission. limits other uses to maximize natural ACTION: Notice. ACTION: Notice. processes. Alternative C emphasizes protection and active restoration of SUMMARY: The plats of survey of the SUMMARY: Notice is hereby given that natural values. Alternative D balances following described lands were the U.S. International Trade cultural, economic, ecological, and officially filed in the Oregon State Commission has determined not to social health in a manner that Office, Portland, Oregon, on July 2, review an initial determination (‘‘ID’’) of encourages cooperative management 2003. the presiding administrative law judge practices. Alternative D is the preferred (‘‘ALJ’’) granting the motion of alternative. Alternative E emphasizes Willamette Meridian complainants to amend the complaint and notice of investigation to add commodity production and public uses. Oregon Public input during scoping and Hitachi Maxell, Ltd. as a respondent. T. 1 N., R. 10 E., accepted June 18, 2003. FOR FURTHER INFORMATION CONTACT: review of the Summary of the Analysis T. 21 S., R. 32 E., accepted June 18, 2003. of Management Situation identified 17 T. 29 S., R. 9 W., accepted June 18, 2003. Michael K. Haldenstein, Esq., Office of issues for analysis in the RMP/EIS. T. 36 S., R. 3 W., accepted June 18, 2003. the General Counsel, U.S. International These issues are outlined in Chapter 1 T. 37 S., R. 3 W., accepted June 18, 2003. Trade Commission, telephone (202) of the Draft RMP/Draft EIS. In addition, T. 38 S., R. 3 E., accepted June 18, 2003. 205–3041. Copies of the ALJ’s ID and all

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other nonconfidential documents filed of 1930, as amended, 19 U.S.C.1337, of local wage conditions and data made in connection with this investigation are and Commission rule 210.42, 19 CFR available from other sources. They or will be available for inspection 210.42. specify the basic hourly wage rates and during official business hours (8:45 a.m. Issued: September 12, 2003. fringe benefits which are determined to be prevailing for the described classes of to 5:15 p.m.) in the Office of the By order of the Commission. Secretary, U.S. International Trade laborers and mechanics employed on Marilyn R. Abbott, Commission, 500 E Street, SW, construction projects of a similar Washington, DC 20436, telephone (202) Secretary. character and in the localities specified 205–2000. Hearing-impaired persons are [FR Doc. 03–23918 Filed 9–18–03; 8:45 am] therein. advised that information on this matter BILLING CODE 8040–01–P The determinations in those decisions can be obtained by contacting the of prevailing rates and fringe benefits Commission’s TDD terminal on (202) have been made in accordance with 29 205–1810. General information INTERNATIONAL TRADE CFR part 1, by authority of the Secretary concerning the Commission may also be COMMISSION of Labor pursuant to the provisions of obtained by accessing its Internet server [USITC SE–03–030] the Davis-Bacon Act of March 3, 1931, (http://www.usitc.gov). The public as amended (46 Stat. 1494, as amended, record for this investigation may be Sunshine Act Meeting 40 U.S.C. 276a) and of other Federal viewed on the Commission’s electronic statues referred to in 29 CFR part 1, docket (EDIS) at http://edis.usitc.gov. AGENCY HOLDING THE MEETING: United Appendix, as well as such additional States International Trade Commission. statutes as may from time to time to be SUPPLEMENTARY INFORMATION: The TIME AND DATE: enacted containing provisions for the Commission instituted this investigation October 3, 2003, at 11 payment of wages determined to be on May 27, 2003, based on a complaint a.m. prevailing by the Secretary of Labor in filed by complainants Energizer PLACE: Room 101, 500 E Street, SW., accordance with the Davis-Bacon Act. Holdings, Inc. and Eveready Battery Co., Washington, DC 20436, Telephone: The prevailing rates and fringe benefits Inc., both of St. Louis, MO, 68 FR 32771 (202) 205–2000. determined in these decisions shall, in (2003). The complaint as amended STATUS: Open to the public. accordance with the provisions of the alleges violations of section 337 of the MATTERS TO BE CONSIDERED: 1. Agenda foregoing statutes, constitute the Tariff Act of 1930 in the importation for future meetings: none. minimum wage payable on Federal and into the United States, the sale for 2. Minutes. federally assisted construction projects importation, and the sale within the 3. Ratification List. to laborers and mechanics of the United States after importation of 4. Inv. Nos. 701–TA–430A and 430B specified classes engaged on contract certain zero-mercury-added alkaline and 731–TA–1019A and 1019B work of the character and in the batteries, parts thereof, and products (Final)(Durum and Hard Red Spring localities describe therein. containing same by reason of Wheat from Canada)—briefing and vote. Good cause is hereby found for not infringement of claims 1–12 of U.S. (The Commission is currently scheduled utilizing notice and public comment Patent No. 5,464,709. The complaint to transmit its determination and procedure thereon prior to the issuance further alleges that an industry in the Commissioners’ opinions to the of these determinations as prescribed in United States exists as required by Secretary of Commerce on or before 5 U.S.C. 553 and not providing for delay subsection (a)(2) of section 337. The October 14, 2003.) in the effective date as prescribed in that complainants requested that the 5. Outstanding action jackets: none. section, because the necessity to issue Commission issue a general exclusion In accordance with Commission current construction industry wage order and cease and desist orders. The policy, subject matter listed above, not determinations frequently and in large Commission named as respondents 26 disposed of at the scheduled meeting, volume causes procedures to be companies located in the United States, may be carried over to the agenda of the impractical and contrary to the public China, Indonesia, and Japan. Id. The following meeting. interest. ALJ has set September 2, 2004, as the Issued: September 16, 2003. General wage determination target date for completion of the By order of the Commission. decisions, and modifications and investigation. Marilyn R. Abbott, supersedeas decisions thereto, The ALJ issued the subject ID on contained in expiration dates and are Secretary to the Commission. August 20, 2003. The ID grants the effective from their date of notice in the motion of complainants to add Hitachi [FR Doc. 03–24094 Filed 9–17–03; 11:59 am] Federal Register, or on the date written Maxell, Ltd. of Tokyo, Japan as a BILLING CODE 7020–02–P notice is received by the agency, respondent in the investigation and whichever is earlier. These decisions are amend the complaint and notice of to be used in accordance with the investigation to reflect this fact. The ALJ DEPARTMENT OF LABOR provisions of 29 CFR Part 1 and 5. found that Hitachi Maxell, Ltd. is the Accordingly, the applicable decision, parent corporation of another Employment Standards together with any modifications issued, respondent in the investigation, Maxell Administration; Wage and Hour must be made a part of every contract Corporation of America. He also found Division for performance of the described work that Hitachi Maxell, Ltd. has Minimum Wages for Federal and within the geographic area indicated as information that is relevant to the Federally Assisted Construction; required by an applicable Federal investigation and which is necessary for General Wage Determination Decisions prevailing wage law and 29 CFR Part 5. building a complete record. Therefore, The wage rates and fringe benefits, he concluded that Hitachi Maxell, Ltd. General wage determination decisions notice of which is published herein, and should be added as a respondent in the of the Secretary of Labor are issued in which are contained in the Government investigation. accordance with applicable law and are Printing Office (GPO) document entitled This action is taken under the based on the information obtained by ‘‘General Wage Determinations Issued authority of section 337 of the Tariff Act the Department of Labor from its study Under the Davis-Bacon And Related

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Acts,’’ shall be the minimum paid by General Wage Determination ACTION: Notice of affirmative decisions contractors and subcontractors to Publication issued by the Administrators for Coal laborers and mechanics. Mine Safety and Health and Metal and General wage determination issued Nonmetal Mine Safety and Health on Any person, organization, or under the Davis-Bacon and related Acts, petitions for modification of the governmental agency having an interest including those noted above, may be application of mandatory safety in the rates determined as prevailing is found in the Government Printing Office standards. encouraged to submit wage rate and (GPO) document entitled ‘‘General fringe benefit information for Wage’’ determinations Issued Under the SUMMARY: Under section 101 of the consideration by the Department. Davis-Bacon And Related Act’’. This Federal Mine Safety and Health Act of Further Information and self- publication is available at each of the 50 1977, the Secretary of Labor (Secretary) explanatory forms for the purpose of Regional Government Depository may allow the modification of the submitting this data may be obtained by Libraries and many of the 1,400 application of a mandatory safety writing to the U.S. Department of Labor, Government Depository Libraries across standard to a mine if the Secretary Employment Standards Administration, the country. determines either that an alternate Wage and Hour Division, Division of General wage determinations issued method exists at a specific mine that Wage Determinations, 200 Constitution under the Davis-Bacon and related Acts will guarantee no less protection for the Avenue, NW., Room S–3014, are available electronically at no cost on miners affected than that provided by Washington, DC 20210. the Government Printing Office at the standard, or that the application of Modification to General Wage www.access.gpo.gov/davisbacon. They the standard at a specific mine will Determination Decisions are also available electronically by result in a diminution of safety to the subscription to the Davis-Bacon Online affected miners. The number of the decisions listed to Service (http:// Final decisions on these petitions are the Government Printing Office davisbacon.fedworld.gov) of the based upon the petitioner’s statements, document entitled ‘‘General Wage National Technical Information Service comments and information submitted Determinations Issued Under the Davis- (NTIS) of the U.S. Department of by interested persons, and a field Bacon And Related Acts’’ being Commerce at 1–800–363–2068. This investigation of the conditions at the modified are listed by Volume and subscription offers value-added features mine. MSHA, as designee of the State. Dates of publication in the such as electronic delivery of modified Secretary, has granted or partially Federal Register are in parentheses wage decisions directly to the user’s granted the requests for modification following the decisions being modified. desktop, the ability to access prior wage listed below. In some instances, the Volume I: decisions issued during the year, decisions are conditioned upon extensive Help desk Support, etc. compliance with stipulations stated in Maine Hard-copy subscriptions may be the decision. The term ‘‘FR Notice’’ ME030001 (Jun. 13, 2003) purchased from: Superintendent of appears in the list of affirmative ME030002 (Jun. 13, 2003) Documents, U.S. Government Printing decisions below. The term refers to the ME300006 (Jun. 13, 2003) Office, Washington, D.C. 20402, (202) Federal Register volume and page ME300008 (Jun. 13, 2003) 512–1800. where MSHA published a notice of the Volume II When ordering hard-copy filing of the petition for modification. None subscription(s), be sure to specify the FOR FURTHER INFORMATION CONTACT: State(s) of interest, since subscriptions Petitions and copies of the final Volume III may be ordered for any or all of the six decisions are available for examination None separate Volumes, arranged by State. by the public in the Office of Standards, Volume IV Subscription include an annual edition Regulations, and Variances, MSHA, (issued in January or February) which None 1100 Wilson Boulevard, Room 2352, includes all current general wage Arlington, Virginia 22209. Contact Volume V determinations for the States covered by Barbara Barron at 202–693–9447. None each volume. Throughout the remainder of the Year, regular weekly updates will Dated at Arlington, Virginia this 12th day Volume VI be distributed to subscribers. of September 2003. Colorado Marvin W. Nichols, Jr., CO030001 (Jun. 13, 2003) Signed at Washington, DC, this 11th day of September 2003. Director, Office of Standards, Regulations, CO030002 (Jun. 13, 2003) and Variances. CO030003 (Jun. 13, 2003) Carl J. Poleskey, CO030004 (Jun. 13, 2003) Chief, Branch of Construction Wage Affirmative Decisions on Petitions for CO030005 (Jun. 13, 2003) Determinations. Modification CO030006 (Jun. 13, 2003) [FR Doc. 03–23574 Filed 9–18–03; 8:45 am] CO030007 (Jun. 13, 2003) Docket No.: M–2001–109–C. CO030008 (Jun. 13, 2003) BILLING CODE 4510–27–M FR Notice: 66 FR 67550. CO030009 (Jun. 13, 2003) Petitioner: Elk Run Coal Company, CO030010 (Jun. 13, 2003) Inc. CO030011 (Jun. 13, 2003) DEPARTMENT OF LABOR Regulation Affected: 30 CFR CO030012 (Jun. 13, 2003) 75.364(b)(2). Mine Safety and Health Administration CO030013 (Jun. 13, 2003) Summary of Findings: Petitioner’s CO030014 (Jun. 13, 2003) Summary of Decisions Granting in proposal is to conduct weekly CO030015 (Jun. 13, 2003) evaluations in certain areas of the return CO030016 (Jun. 13, 2003) Whole or In-Part Petitions for CO030017 (Jun. 13, 2003) Modification air course to measure the quantity and quality of air at 3 monitoring stations Volume VII: AGENCY: Mine Safety and Health using hand-held gas detection devices None Administration (MSHA), Labor. and anemometers due to severe

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deterioration and roof falls. The located at the 44 Seals, six break inby the pillar line. This equipment would petitioner asserts that conducting the No. 1 Head Drive. The petitioner include drags and battery locomotives weekly examinations by traveling the proposes to establish air measurement due in part to the method of mining affected area in its entirety would be stations at locations that would allow used in pitching anthracite mines and unsafe and would cause a diminution of effective evaluation of ventilation in the the alternative evaluation of the mine safety to the examiner. This is areas affected by deteriorating roof and air quality for methane on an hourly considered an acceptable alternative rib conditions and have a certified basis during operation. This is method for the Black King I North person evaluate these stations on a considered an acceptable alternative Portal. MSHA grants the petition for weekly basis. The petitioner requested a method for the Rattling Run Slope Mine. modification for the unsafe-to-travel modification of existing standard 30 MSHA grants the petition for segment (approximately 4,750 feet) of CFR 75.364(b)(2). After further review of modification for the Rattling Run Slope the South Mains return entries to this petition, it was determined that Mine with conditions. outcrop for the Black King I North Portal modification should be for existing Docket No.: M–2002–082–C. with conditions. standard 30 CFR 75.364(b)(1). This is FR Notice: 67 FR 66168. Docket No.: M–2001–124–C. considered an acceptable alternative Petitioner: Speed Mining, Inc. FR Notice: 67 FR 6754. method for the HZ4–1 Mine. MSHA Regulation Affected: 30 CFR 75.1700. Petitioner: Warrior Coal, LLC. grants the petition for modification for Summary of Findings: Petitioner’s Regulation Affected: 30 CFR 75.350. use at the HZ4–1 Mine with conditions. proposal is to amend its previous Summary of Findings: Petitioner’s Docket No.: M–2002–054–C. petition docket number M–2001–041–C. proposal is to use belt air to ventilate FR Notice: 67 FR 49966. The petitioner proposes to drill out each working faces and use the same Petitioner: Titan Mining, Inc. of the oil wells as already specified in monitoring system to identify the Regulation Affected: 30 CFR 75.503 its previous petition; pump the location of a detected fire by sensor (18.41(f) of Part 18). expandable cement to the bottom of the location rather than by belt flight. This Summary of Findings: Petitioner’s lowest minable seam (Eagle) and pump is considered an acceptable alternative proposal is to use a spring-loaded Portable Class ‘‘A’’ cement on top of the method for the Cardinal Mine. MSHA locking device with specific fastening expandable plug to the next Powellton grants the petition for modification to characteristics in lieu of a padlock to Seam which is approximately 117 feet allow air coursed through conveyor belt secure plugs and electrical type above, and is the anticipated area for haulage entries to be used to ventilate connectors to batteries and to the broken strata due to subsidence. The active working places for the Cardinal permissible mobile powered equipment petitioner will leave the area from the Mine with conditions. the batteries serve, to prevent accidental Powellton Seam to the surface open for Docket No.: M–2002–011–C. separation of the battery plugs from release of methane from the longwall FR Notice: 67 FR 13197. their receptacles during normal gob after the longwall has intersected Petitioner: Hobet Mining, Inc. operation of the battery equipment. This the well. This is considered an Regulation Affected: 30 CFR is considered an acceptable alternative acceptable alternative method for the 77.206(c). method for the Laurel Fork Deep Mine. American Eagle Mine. MSHA grants the Summary of Findings: Petitioner’s MSHA grants the petition for petition for modification for mining proposal is to use a SAF–T–CLIMB fall modification for use at the Laurel Fork through or near (whenever the safety prevention system on its counterweight Deep Mine with conditions. barrier diameter is reduced to a distance tower structure for the overland system Docket No.: M–2002–062–C. less than the District Manager would and the Beth Station No. 9 Preparation FR Notice: 67 FR 54675. approve pursuant to Section 75.1700) Plant in lieu of using a vertical ladder. Petitioner: Buck Mountain Coal plugged oil or gas wells penetrating the This is considered an acceptable Company. Eagle Coal Seam and other minable coal alternative method for the Beth Station Regulation Affected: 30 CFR seams using continuous miners, No. 79 Preparation Plant. MSHA grants 75.1002(a). conventional mining or longwall mining the petition for modification for the use Summary of Findings: Petitioner’s methods at the American Eagle Mine of SAF–T–CLIMB or other equivalent proposal is to use non-permissible with conditions. fall prevention system at every electric equipment within 150 feet of Docket No.: M–2002–092–C. permanently attached vertical ladder the pillar line. This equipment would FR Notice: 67 FR 71988. used at counterweight towers during include drags and battery locomotives Petitioner: Mountain Side Coal maintenance work on the overland due in part to the method of mining Company. conveyor system for use at the Beth used in pitching anthracite mines and Regulation Affected: 30 CFR 49.2(b). Station No. 79 Preparation Plant with the alternative evaluation of the mine Summary of Findings: Petitioner’s conditions. air quality for methane on an hourly proposal is to provide two mine rescue Docket No.: M–2002–053–C. basis during operation. This is teams, each consisting of three members FR Notice: 67 FR 49966. considered an acceptable alternative and one alternate to provide coverage Petitioner: Perry County Coal method for the Buck Mountain Slope for both teams at the Mountain Side Corporation. Mine. MSHA grants the petition for Mine. The petitioner will provide a total Regulation Affected: 30 CFR modification for the Buck Mountain of seven mine rescue team members. 75.364(b)(1). Slope Mine with conditions. This is considered an acceptable Summary of Findings: Petitioner’s Docket No.: M–2002–072–C. alternative method for the Mountain proposal is to relocate approved check FR Notice: 67 FR 59317. Side Mine. MSHA grants the petition for points 9A and 9B in the intake of the Petitioner: Snyder Coal Company. modification for the Mountain Side Southeast Mains one break outby the Regulation Affected: 30 CFR Mine with conditions. No. 9 entry of the Roll Mains and 75.1002(a). Docket No.: M–2002–093–C. establish one new check point Summary of Findings: Petitioner’s FR Notice: 67 FR 71988. (examination point) 10A in the return of proposal is to use non-permissible Petitioner: Mountain Side Coal the Southeast Mains in the No. 1 Entry electric equipment within 150 feet of Company.

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Regulation Affected: 30 CFR furthest inby conveyor drive for the extinguishers only to replace existing 75.335(a)(1). remaining length of the panels. The requirements where rock dust, water Summary of Findings: Petitioner’s petitioner proposes to install a carbon cars, and other water storage equipped proposal is to use wooden materials of monoxide monitoring system as an early with three (3) ten quart pails is not moderate size and weight due to the warning fire detection system in all belt practical. The petitioner proposes to use difficulty in accessing previously driven entries used to course intake air to a two (2) portable fire extinguishers near headings and breasts containing working place. This is considered an the slope bottom, and an additional inaccessible abandoned workings; to acceptable alternative method for the portable fire extinguisher within 500 accept a design criteria in the 10 psi No. 1 Mine. MSHA grants the petition feet of the working face for equivalent range; and to permit the water trap to be for modification to allow air coursed fire protection for the Rocky Top Mine. installed in the gangway seal and through conveyor belt haulage entries to This is considered an acceptable sampling tube in the monkey seal for be used to ventilate active working alternative method for the Rocky Top seals installed in pairs. This is places in longwall development sections Mine. MSHA grants the petition for considered an acceptable alternative and in retreating longwall panels, from modification for firefighting equipment method for the Mountain Side Mine. a location inby the furthest inby in the working section at the Rocky Top MSHA grants the petition for conveyor drive for the remaining length Mine with conditions. modification for seals installed in the of the development section or retreating Docket No.: M–2002–121–C. Mountain Side Mine with conditions. panel for the No. 1 Mine with FR Notice: 68 FR 1485. Docket No.: M–2002–094–C. conditions. Petitioner: H & M Coal Company. FR Notice: 67 FR 71988. Docket No.: M–2002–117–C. Regulation Affected: 30 CFR Petitioner: Mountain Side Coal FR Notice: 68 FR 1485. 75.1200(d) and (i). Company. Petitioner: Energy West Mining Summary of Findings: Petitioner’s Regulation Affected: 30 CFR 75.1100– Company. proposal is to use cross-sections instead 2(a)(2). Regulation Affected: 30 CFR of contour lines through the intake Summary of Findings: Petitioner’s 75.901(a). slope, at locations of rock tunnel proposal is to use only portable fire Summary of Findings: Petitioner’s connections between veins, and at 1,000 extinguishers to replace existing proposal is to request a modification of foot intervals of advance from the intake requirements where rock dust, water the standard to allow the electrical slope. The petitioner also proposes to cars, and other water storage equipped grounding requirements for portable limit the required mapping of the mine with three (3) ten quart pails is not diesel-driven electric generators to be workings above and below to those practical, and to use two (2) portable fire waived based on the use of ground fault present within 100 feet of the vein being extinguishers near the slope bottom and detection, ground wire monitoring, and mined except those veins that are an additional portable fire extinguisher other circuit protection means, such as interconnected to other veins beyond within 500 feet of the working for short circuit, over-current and the 100-foot limit through rock tunnels. equivalent fire protection. This is undervoltage protection. This is This is considered an acceptable considered an acceptable alternative considered an acceptable alternative alternative method for the Rocky Top method for the Mountain Side Mine. method for the Deer Creek Mine. MSHA Mine. MSHA grants the petition for MSHA grants the petition for grants the petition for modification for modification for use at the Rocky Top modification for firefighting equipment use of the 200 KW/250 KVA, 480-volt, Mine with conditions. diesel powered generator (DPG) set to in the working section at the Mountain Docket No.: M–2002–122–C. Side Mine with conditions. supply power to three-phase 480-volt and 995-volt power circuits to move FR Notice: 68 FR 1486. Docket No.: M–2002–098–C. mobile equipment around the mine and Petitioner: H & M Coal Company. Regulation Affected: 30 CFR 75.1202 FR Notice: 67 FR 71989. to provide temporary power to mobile Petitioner: Mountain Side Coal and 30 CFR 75.1202–1(a). equipment and pumps in outby Company. Summary of Findings: Petitioner’s locations for the Deer Creek Mine with Regulation Affected: 30 CFR 75.1400. proposal is to revise and supplement conditions. Summary of Findings: Petitioner’s mine maps annually instead of every 6 proposal is to use a slope conveyance Docket No.: M–2002–119–C. months as required, and to update maps FR Notice: 68 FR 1485. (gunboat) for transporting persons daily by hand notations. This is Petitioner: H & M Coal Company. without installing safety catches or Regulation Affected: 30 CFR 49.2(b). considered an acceptable alternative other no less effective devices. The Summary of Findings: Petitioner’s method for the Rocky Top Mine. MSHA petitioner instead proposes to use proposal is to provide two mine rescue grants the petition for modification for increased rope strength and secondary teams, each consisting of three members annual revisions and supplements of the safety rope connections in place of such and one alternate to provide coverage mine map at the Rocky Top Mine with devices. This is considered an for both teams at the Rocky Top Mine. conditions. acceptable alternative method for the The petitioner will provide a total of Docket No.: M–2002–123–C. Mountain Side Mine. MSHA grants the seven mine rescue team members. This FR Notice: 68 FR 3897. petition for modification for use of the is considered an acceptable alternative Petitioner: Double M Mining, Inc. hoist conveyance (gunboat) without method for the Rocky Top Mine. MSHA Regulation Affected: 30 CFR safety catches at the Mountain Side grants the petition for modification for 77.214(a). Mine with conditions. the Rocky Top Mine with conditions. Summary of Findings: Petitioner’s Docket No.: M–2002–113–C. Docket No.: M–2002–120–C. proposal is to cover the coal seam with FR Notice: 68 FR 1484. FR Notice: 68 FR 1485. inert material, backfill and eliminate the Petitioner: Monterey Coal Company. Petitioner: H & M Coal Company. highwall with refuse on a 2 to 1 slope Regulation Affected: 30 CFR 75.350. Regulation Affected: 30 CFR 75.1100– and cover with soil in order to reclaim Summary of Findings: Petitioner’s 2(a). the site where face up and the adjacent proposal is to use belt air to ventilate Summary of Findings: Petitioner’s areas of the mine have been augered and working places from a location inby the proposal to use portable fire now needs to be reclaimed. This is

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considered an acceptable alternative center with a high-voltage trailing cable 150 Horsepower diesel engine with 6 method for the Auger #2 Mine. MSHA to power a continuous miner inby the wheels for use at the Highland 9 Mine grants the petition for modification for last open crosscut and within 150 feet with conditions. the Auger #2 Mine with conditions. of pillar workings. This is considered an Docket No.: M–2003–021–C. Docket No.: M–2003–002–C. acceptable alternative method for the FR Notice: 68 FR 16311. FR Notice: 68 FR 3898. No. 7 Mine. MSHA grants the petition Petitioner: HB Coal Company, Inc. Petitioner: KenAmerican Resources, for modification for use of the 2,400-volt Regulation Affected: 30 CFR 75.342. Inc. high-voltage continuous miner(s) at the Summary of Findings: Petitioner’s Regulation Affected: 30 CFR No. 7 Mine with conditions. proposal is to use a hand-held 75.1909(b)(6). Docket No.: M–2003–014–C. continuous multi-gas detector, which Summary of Findings: Petitioner’s FR Notice: 68 FR 15244. detects oxygen, methane, and carbon proposal is to limit the speed of its Petitioner: Lodestar Energy monoxide for the three wheel tractors diesel graders to 20 miles per hour Incorporated. (Mescher tractors) in lieu of using a (mph), and train the grader operators in Regulation Affected: 30 CFR 75.1101– machine-mounted methane monitor. the proper techniques for lowering the 1(b). This is considered an acceptable blade to provide additional stopping Summary of Findings: Petitioner’s alternative method for the No. 1 Mine. capability in emergency situations, in proposal is to have a trained person MSHA grants the petition for lieu of using front wheel brakes on the conduct a weekly visual examination modification for the Mescher DAPCO, Serial No. 001 grader powered and a functional test on each deluge- permissible three-wheel battery- by a Deutz diesel engine Model type fire suppression system installed at powered tractors used to load coal at the #BF4M1012EC. The grader(s) has six conveyor belt drives in lieu of using No. 1 Mine with conditions. wheels and are used at the Paradise No. blow-off dust covers for nozzles. The Docket No.: M–2003–022–C. 9 Mine. This is considered an petitioner proposes to actuate the water FR Notice: 68 FR 16311. acceptable alternative method for the system and observe its performance to Petitioner: HB Coal Company, Inc. Paradise No. 9 Mine. MSHA grants the ensure that nozzles are not blocked. Regulation Affected: 30 CFR petition for modification for use at the This is considered an acceptable 75.380(f)(4)(i). Paradise No. 9 Mine with conditions. alternative method for the Baker Mine. Summary of Findings: Petitioner’s Docket No.: M–2003–008–C. MSHA grants the petition for proposal is to use two ten-pound FR Notice: 68 FR 8050. modification for the Baker Mine with portable chemical fire extinguishers in Petitioner: Ken American Resources, conditions. the operator’s deck of each Mescher Inc. Docket No.: M–2003–019–C. tractor operated at the No. 1 Mine. The Regulation Affected: 30 CFR 75.519– FR Notice: 68 FR 15245. petitioner also proposes to instruct the 1(b). equipment operator to inspect each fire Summary of Findings: Petitioner’s Petitioner: Maple Creek Mining, Inc. Regulation Affected: 30 CFR extinguisher on a daily basis prior to proposal is to move its disconnecting 75.1400(e). entering the primary escapeway and switch to the main travelway in the 2nd Summary of Findings: Petitioner’s maintain a record of the daily crosscut from the slope bottom in lieu proposal is to use an electric slope hoist inspection at the mine. The petitioner of installing a disconnecting switch to transport miners in and out of the further proposes to maintain a sufficient underground within 500 feet of the mine. This is considered an acceptable number of spare fire extinguishers at the bottom of the borehole. This is alternative method for the High Quality mine in case a defective fire considered an acceptable alternative Mine. On April 8, 2003, MSHA grants extinguisher is detected. This is method for the Paradise No. 9 Mine. the petition for modification for a period considered an acceptable alternative MSHA grants the petition for ending twelve months from the effective method for the No. 1 Mine. MSHA modification for the distance of the date of the Proposed Decision and Order grants the petition for modification for disconnecting switch from the bottom of for the High Quality Mine with the Mescher three wheel tractors to be the shaft or borehole for use at the conditions. MSHA grants Application operated in the primary intake Paradise No. 9 Mine with conditions. for Relief to Give Effect to April 7, 2003. escapeway at the No. 1 Mine with Docket No.: M–2003–009–C. conditions. FR Notice: 68 FR 8050. Docket No.: M–2003–020–C. Petitioner: Alfred Brown Coal FR Notice: 68 FR 15245. [FR Doc. 03–23910 Filed 9–18–03; 8:45 am] Company. Petitioner: Highland Mining BILLING CODE 4510–43–P Regulation Affected: 30 CFR 49.2(b). Company. Summary of Findings: Petitioner’s Regulation Affected: 30 CFR proposal is to provide two mine rescue 75.1909(b)(6). NATIONAL AERONAUTICS AND teams, each consisting of three members Summary of Findings: Petitioner’s SPACE ADMINISTRATION and one alternate to provide coverage proposal is to use a Getman diesel for both teams at the 7 Ft. Slope Mine. grader underground with only rear [Notice (03–114)] The petitioner will provide a total of wheel brakes at the Highland 9 Mine in lieu of using front wheel brakes. The Advanced Space Transportation seven mine rescue team members. This Subcommittee; Meeting is considered an acceptable alternative petitioner proposes to limit the diesel method for the 7 Ft. Slope Mine. MSHA grader speed to a maximum of 10 miles AGENCY: National Aeronautics and grants the petition for modification for per hour and train the operators on Space Administration (NASA). the 7 Ft. Slope Mine with conditions. proper procedures to use if the brakes ACTION: Notice of meeting. Docket No.: M–2003–010–C. on the grader fail. This is considered an FR Notice: 68 FR 10048. acceptable alternative method for the SUMMARY: The National Aeronautics and Petitioner: Jim Walter Resources, Inc. Highland 9 Mine. MSHA grants the Space Administration announces a Regulation Affected: 30 CFR 75.1002. petition for modification for the Getman forthcoming meeting of the Advanced Summary of Findings: Petitioner’s RDG–1504S Diesel Road Grader, Serial Space Transportation Subcommittee proposal is to use a 2,400-volt power No. 6323, Powered by a Cat 3306PCNA (ASTS).

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DATES: Wednesday, October 15, 2003, SUPPLEMENTARY INFORMATION: This To Produce/Sense Out-of-Plane 8:30 a.m. to 5:30 p.m., and Thursday, meeting will be open to the public up Transducer Motion,’’ LAR 16363–1 October 16, 2003, 8 a.m. to 9:30 a.m. to the seating capacity of the room. Five entitled ‘‘Electro-Active Device Using ADDRESSES: Cocoa Beach, Holiday Inn, seats will be reserved for members of Radial Electric Field Piezo-Diaphragm 1300 N. Atlantic Avenue, Cocoa Beach, the press. The agenda for the meeting is For Control Of Fluid Movement,’’ LAR FL 32931. as follows: 16393–1 entitled ‘‘Electro-Active Device FOR FURTHER INFORMATION CONTACT: Ms. —To assess the operational readiness of Using Radial Electric Field Piezo- Mary-Ellen McGrath, Office of the International Space Station to Diaphragm For Sonic Applications,’’ Aerospace Technology, National support a new crew. LAR 16289–1–PCT entitled ‘‘Electro- Aeronautics and Space Administration, —To assess the American and Russian Active Transducer Using Radial Electric Washington, DC 20546, (202) 358–4729. flight team’s preparedness to Field To Produce/Sense Out-of-Plane SUPPLEMENTARY INFORMATION: The accomplish the Expedition Eight Transducer Motion,’’ LAR 16363–1PCT meeting will be open to the public up mission. entitled ‘‘Electro-Active Device Using to the seating capacity of the room. The —To assess the health and flight Radial Electric Field Piezo-Diaphragm agenda for the meeting is as follows: readiness of the Expedition Eight For Control Of Fluid Movement,’’ and LAR 16393–1–PCT entitled ‘‘Electro- —Overview of Agenda crew. —Welcome/Opening Remarks Attendees will be requested to sign a Active Device Using Radial Electric —Review of Action Items register and to comply with NASA Field Piezo-Diaphragm For Sonic —ATAC and Space Transportation security requirements, including the Applications’’ for which U.S. Patent and Update presentation of a valid picture ID, before PCT Applications were filed and —ISTP Update receiving an access badge. Foreign assigned to the United States of America —OSP Update nationals attending this meeting will be as represented by the Administrator of —NGLT Update required to provide the following the National Aeronautics and Space —USAF/NASA Cooperative Planning information: full name; gender; date/ Administration. Written objections to —Advanced Range Technology/ place of birth; citizenship; visa/ the prospective grant of a license should Spaceport Working Group greencard information (number, type, be sent to NASA Langley Research —Panel Member Discussion expiration date); passport information Center. NASA has not yet made a It is imperative that the meeting be (number, country, expiration date); determination to grant the requested held on these dates to accommodate the employer/affiliation information (name license and may deny the requested scheduling priorities of the key of institution, address, country, phone); license even if no objections are participants. Visitors will be requested title/position of attendee. To expedite submitted within the comment period. to sign a visitor’s register. admittance, attendees can provide DATES: Responses to this notice must be June W. Edwards, identifying information in advance by received by October 6, 2003. Advisory Committee Management Officer, contacting Todd F. McIntyre via e-mail FOR FURTHER INFORMATION CONTACT: Kurt National Aeronautics and Space at [email protected] or by G. Hammerle, Patent Attorney, Mail Administration. telephone at (202) 358–4621. Attendees Stop 212, NASA Langley Research [FR Doc. 03–23983 Filed 9–18–03; 8:45 am] will be escorted at all times. Center, Hampton, VA 23681–2199. BILLING CODE 7510–01–P It is imperative that the meeting be Telephone 757–864–2470; Fax 757– held on these dates to accommodate the 864–9190. scheduling priorities of the key Dated: September 12, 2003. NATIONAL AERONAUTICS AND participants. SPACE ADMINISTRATION Robert M. Stephens, June W. Edwards, Deputy General Counsel. [Notice (03–113)] Advisory Committee Management Officer, [FR Doc. 03–23909 Filed 9–18–03; 8:45 am] National Aeronautics and Space BILLING CODE 7510–01–P NASA Advisory Council, Task Force on Administration. International Space Station [FR Doc. 03–23982 Filed 9–18–03; 8:45 am] Operational Readiness; Meeting BILLING CODE 7510–01–P AGENCY: National Aeronautics and NATIONAL CREDIT UNION Space Administration (NASA). ADMINISTRATION NATIONAL AERONAUTICS AND ACTION: Notice of meeting. SPACE ADMINISTRATION Agency Information Collection SUMMARY: The National Aeronautics and [Notice 03–112] Activities: Submission to OMB for Space Administration announces an Revision to a Currently Approved open meeting of the NASA Advisory Notice of Prospective Patent License Information Collections; Comment Council (NAC), Task Force on Request AGENCY: National Aeronautics and International Space Station Operational Space Administration. AGENCY: National Credit Union Readiness (IOR). ACTION: Notice of prospective patent Administration (NCUA). DATES: Wednesday, October 15, 2003, 2 ACTION: Request for comment. p.m.–3 p.m. Eastern Standard Time. license. ADDRESSES: NASA Headquarters, 300 E SUMMARY: NASA hereby gives notice SUMMARY: The NCUA intends to submit Street, SW., Room 7U22, Washington, that IVEK Corporation of 10 Fairbanks the following information collection to DC 20546. Road, N. Springfield, Vermont 05150, the Office of Management and Budget FOR FURTHER INFORMATION CONTACT: Mr. has applied for a partially exclusive (OMB) for review and clearance under Todd F. McIntyre, Code IH, National license to practice the inventions the Paperwork Reduction Act of 1995 Aeronautics and Space Administration, described in NASA Case Numbers LAR (Pub. L. 104–13, 44 U.S.C. Chapter 35). Washington, DC 20546–0001, 202/358– 16289–1 entitled ‘‘Electro-Active This information collection is published 4621. Transducer Using Radial Electric Field to obtain comments from the public.

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DATES: Comments will be accepted until NATIONAL CRIME PREVENTION AND TSA has determined that the applicant October 20, 2003. PRIVACY COMPACT COUNCIL does not pose a security threat warranting denial of the hazmat ADDRESSES: Interested parties are Fingerprint Submission Requirement endorsement. invited to submit written comments to Rule NCUA Clearance Officer or OMB FOR FURTHER INFORMATION CONTACT: Reviewer listed below: AGENCY: National Crime Prevention and Todd C. Commodore, FBI CJIS Division, 1000 Custer Hollow Road, Module C3, Clearance Officer: Mr. Neil Privacy Compact Council. Clarksburg, WV 26306; Telephone (304) McNamara, (703) 518–6447, National ACTION: Notice of the Compact Council’s 625–2803; e-mail [email protected]; Credit Union Administration, 1775 approval of a Transportation Security Fax number (304) 625–5388. Duke Street, Alexandria, Virginia Administration proposal to utilize the 22314–3428, Fax No. 703–518–6669, E- Fingerprint Submission Requirements SUPPLEMENTARY INFORMATION: See mail: [email protected]. Rule, Title 28 Code of Federal attached proposal. Regulations (CFR), part 901. OMB Reviewer: Mr. Joseph F. Lackey Dated: July 15, 2003. (202) 395–4741, Office of Management Wilbur W. Rehmann, and Budget, Room 10226, New Authority: 42 U.S.C. 14616. Chairman, Compact Council. Executive Office Building, Washington, SUMMARY: Pursuant to 28 CFR part 901, Formal Request Memorandum to the DC 20503. the Compact Council (Council), Compact Council established by the National Crime FOR FURTHER INFORMATION CONTACT: The Transportation Security Prevention and Privacy Compact Act of Administration (TSA) seeks approval under Copies of the information collection 1998 (Compact), has approved a Parts 901.2 and 901.3 of title 28, Code of requests, with applicable supporting proposal from the Transportation Federal Regulations, for access to the documentation, may be obtained by Security Administration (TSA) to access National Crime Information Center (NCIC) calling the NCUA Clearance Officer, the Interstate Identification Index (III) (including the Interstate Identification Index Neil McNamara, (703) 518–6447. (III)), on a delayed fingerprint submission System on a delayed fingerprint basis, so that name-based criminal history SUPPLEMENTARY INFORMATION: Proposal submission basis for conducting records checks can be conducted for the following collection of criminal history record checks on expeditiously on certain commercial truck information: individuals requesting issuance or drivers. The USA PATRIOT Act, Pub. L. 107– 56, Section 1012, et seq.; 49 U.S.C. 5103a)1 OMB Number: 3133–0108. renewal of a hazardous materials (hazmat) endorsement on a commercial requires a background check for any Form Number: N/A. driver’s license (CDL). (See attached individual authorized or seeking to carry hazardous materials (hazmat). TSA will carry Type of Review: Reinstatement, Proposal.) The TSA requested approval out this statutory provision as set forth without change, of a previously of its proposal to conduct preliminary below. approved collection for which approval III name-based checks as a responsive A. Name-based background checks will be has expired. and timely avenue to support security initiated on [effective date of the rule]. If the Title: 12 C.F.R. 748.2 Monitoring Bank threat assessments on all individuals background check discloses a conviction or incarceration for a disqualifying offense Secrecy Act Compliance. seeking a hazmat endorsement as mandated by section 1012 of the Uniting within the time periods specified in the Description: The collection is needed and Strengthening America by Interim Final Rule, TSA will notify the individual that he or she is disqualified from to allow NCUA to determine whether Providing Appropriate Tools Required credit unions have established a to Intercept and Obstruct Terrorism Act program reasonably designed to assure 1 In pertinent part, the Act reads: of 2001 (USA PATRIOT Act). The A. 5103a(a) Limitation. and monitor their compliance with approval of TSA’s proposal is a currency recordkeeping and reporting (1) Issuance of licenses. A State may not issue to temporary measure to be used while its any individual a license to operate a motor vehicle requirements established by Federal infrastructure for fingerprint-based transporting in commerce a hazardous material statute and Department of Treasury criminal history record checks is being unless the Secretary of Transportation has first Regulations. determined, upon receipt of a notification under developed. subsection (c)(1)(B), that the individual does not Respondents: Federally Insured Credit This notice and TSA’s proposal act as pose a security risk warranting denial of the Unions. companion documents to facilitate license* * *. TSA’s interim final rule published in (c) Background records check. Estimated No. of Respondents/ (1) In general. Upon the request of a State Recordkeepers: 9,562. the Federal Register on May 5, 2003 (49 regarding issuance of a license described in CFR parts 1570 and 1572, 68 FR 23852). Estimated Burden Hours Per subsection (a)(1) to an individual, the Attorney The TSA interim final rule was General— Response: 7 hours. published in coordination with the (A) shall carry out a background records check Frequency of Response: Federal Motor Carrier Safety regarding the individual; and recordkeeping. (B) upon completing the background records Administration’s (FMCSA) interim final check, shall notify the Secretary of Transportation Estimated Total Annual Burden rule published in the Federal Register of the completion and results of the background Hours: 28,791. on the same date (49 CFR parts 383 and records check. 384, 68 FR 23844). The FMCSA interim (2) Scope. A background records check regarding Estimated Total Annual Cost: not final rule amends the Federal Motor an individual under this subsection shall consist of applicable. the following: Carrier Safety Regulations governing By the National Credit Union (A) A check of the relevant criminal history commercial drivers licenses to prohibit databases. Administration Board on September 10, states from issuing, renewing, (B) In the case of an alien, a check of the relevant 2003. transferring, or upgrading a commercial data bases to determine the status of the alien under Becky Baker, driver’s license with a hazmat the immigration laws of the United States. Secretary of the Board. (C) As appropriate, a check of the relevant endorsement unless the Department of international databases through Interpol-U.S. [FR Doc. 03–23906 Filed 9–18–03; 8:45 am] Justice has first conducted a background National Central Bureau or other appropriate BILLING CODE 7535–01–P records check of the applicant and the means.

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transporting hazmat. If the individual asserts B. The public will be notified in advance • TSPA/TPA Working Group that the results of the name-based that drivers will be subject to a name-based • Performance Confirmation Working background check are not accurate, the background check. The mechanisms for Group individual will submit fingerprints and/or notification will include the Federal Register • Status and Pathway to Closure on relevant court documents so that the record and communications with the States, the KTIs may be corrected or the disqualifying offense trucking industry, and the driver corps. 1 P.M.–6 P.M.: Committee Retreat may be verified. C. In no more than 180 days, TSA will (Open)—The focus of the September B. Drivers whose name-based background have the infrastructure in place to begin checks do not indicate a disqualifying offense fingerprinting all current HAZMAT drivers. 2003 retreat is to identify the suite of or incarceration within the time periods D. All fees for fingerprint collection and topics that the Committee intends to specified in the Interim Final Rule will be processing will be borne by the individual examine over the next 12 to 18 months. required to submit fingerprints in the period subject to the background check, or by his or The topics to be proposed would be between 180 days and 5 (five) years from the her employer. consistent with the priorities defined in effective date of the Interim Final Rule, or TSA proposes use of NCIC (including III) Action Plan as well as earlier Committee when applying for a new or renewed hazmat to determine whether applicants present a discussions with the Commission and endorsement of their Commercial Driver’s potential terrorist threat or may otherwise be NMSS management. License (CDL), whichever occurs first. a threat to transportation security. Given the C. If a name-based background check terrorist threat level in transportation, Wednesday, September 24, 2003 discloses that a driver is the subject of an existing statutory mandates, and the lack of outstanding felony want or warrant, TSA will 8:30 A.M.–8:35 A.M.: Opening adequate infrastructure to conduct Statement (Open)—The Chairman will ensure that the appropriate law enforcement fingerprint-based checks, TSA proposes to agency is notified. draw on the ability of NCIC (including III) to make opening remarks regarding the Such criminal history records checks are to provide criminal history data on hazmat conduct of today’s sessions. include the review of available law drivers. 8:35 A.M.–1 P.M.: Committee Retreat enforcement databases and records as Approved: March 13, 2003. (Continued) (Open)—The Committee determined necessary by the Administrator will identify specific topics and its of the Transportation Security Francine J. Kerner, Administration. In addition, TSA will be Transportation Security Administration. plans for review of the relevant High- Level Were issues from the present to accessing other data sources as part of its Agreed to: March 13, 2003. effort to conduct background checks on the submission by DOE of a license Wilbur W. Rehmann commercial truck drivers who are authorized application for the Yucca Mountain Compact Council. to carry hazardous materials. repository. TSA makes this request for the following [FR Doc. 03–23916 Filed 9–18–03; 8:45 am] 1 P.M.–1:15 P.M.: Miscellaneous reasons: BILLING CODE 4410–02–P • (Open)—The Committee will discuss In accordance with the USA PATRIOT matters related to the conduct of Act, TSA must process criminal history Committee activities and matters and records checks on more than three million NUCLEAR REGULATORY commercial truck drivers who transport specific issues that were not completed hazardous materials. COMMISSION during previous meetings, as time and • Congress has determined that conducting availability of information permit. background checks on commercial truck Advisory Committee on Nuclear Procedures for the conduct of and drivers transporting hazardous materials is a Waste; Revised Notice of Meeting participation in ACNW meetings were national priority. Given this urgency and the For the 145th meeting of the Advisory published in the Federal Register on enormous volume of drivers to be checked, October 11, 2002 (67 FR 63459). In it is vital that TSA be given some latitude in Committee on Nuclear Waste (ACNW) conducting the background checks by first which has now been rescheduled for accordance with these procedures, oral utilizing name-based checks while the September 23–24, 2003, instead of or written statements may be presented infrastructure for fingerprint-based checks is September 16–18, 11545 Rockville Pike, by members of the public. Electronic put in place. Rockville, Maryland. recordings will be permitted only • TSA believes there are considerable Notice of this meeting was published during those portions of the meeting gains in security to be made by using name- in the Federal Register on Monday, that are open to the public. Persons based background checks followed by September 8, 2003 (68 FR 52972). desiring to make oral statements should fingerprint-based checks. notify Mr. Howard J. Larson, ACNW TSA proposes to carry out name-based Following is the information for this background checks within the following meeting. (Telephone 301/415–6805), between parameters: The entire meeting will be open to 7:30 A.M. and 4 P.M. ET, as far in A. At the first Compact Council meeting public attendance. advance as practicable so that following the conduct of name-based The schedule for this meeting is as appropriate arrangements can be made background checks for at least 180 days follows: to schedule the necessary time during (‘‘180-day test period’’), TSA shall report the meeting for such statements. Use of back to the Compact Council. During a period Tuesday, September 23, 2003 still, motion picture, and television of 180 days, TSA will work with the 10:30 A.M.–10:40 A.M.: Opening cameras during this meeting will be following entities to develop a limited to selected portions of the comprehensive infrastructure for capturing Statement (Open)—The Chairman will and processing fingerprints of hazmat CDL open the meeting with brief opening meeting as determined by the ACNW holders: remarks, outline the topics to be Chairman. Information regarding the a. The Compact Council; discussed, and indicate items of time to be set aside for taking pictures b. State central repositories; interest. may be obtained by contacting the c. State Departments of Motor Vehicles 10:40 A.M.–12 Noon.: Commission ACNW office prior to the meeting. In (DMVs); Presentations (Open)—The Committee view of the possibility that the schedule d. The CJIS Division of the FBI, including will discuss its presentation for the for ACNW meetings may be adjusted by its Advisory Policy Council; the Chairman as necessary to facilitate e. SEARCH; October 23, 2003 public meeting with f. The International Association of Chiefs the NRC Commissioners. Topics the conduct of the meeting, persons of Police (IACP); and proposed for discussion: planning to attend should notify Mr. g. The American Association of Motor • Chairman’s Report Howard J. Larson as to their particular Vehicle Administrators. • High-Level Waste Risk Insights needs.

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Further information regarding topics proposed rule change as described in a member must comply with the to be discussed, whether the meeting Items I, II and III below, which Items following procedures which provide the has been canceled or rescheduled, the have been prepared by the CSE. The opportunity for public agency buy/sell Chairman’s ruling on requests for the Commission is publishing this notice to market orders in securities other than opportunity to present oral statements solicit comments on the proposed rule Nasdaq/NM securities to receive a price and the time allotted therefore can be change from interested persons. lower/higher than the disseminated obtained by contacting Mr. Howard J. national best offer/bid. I. Self-Regulatory Organization’s Larson. Except under unusual market ACNW meeting agenda, meeting Statement of the Terms of Substance of conditions or if it is not in the best transcripts, and letter reports are the Proposed Rule Change interests of the customer, Preferencing available through the NRC Public The CSE is proposing to amend CSE Dealers must immediately price Document Room at [email protected], or by Rule 11.9(u) to eliminate Interpretation improve or expose for a minimum of calling the PDR at 1–800–397–4209, or .01, concerning market order exposure five seconds in an attempt to improve from the Publicly Available Records requirements (‘‘Market Order Exposure the price: System (PARS) component of NRC’s Requirement’’).3 The CSE is also 1. market orders with sizes less than document system (ADAMS) which is proposing to amend CSE Rule 8.15 to or equal to 1000 shares when the NBBO accessible from the NRC Web site at remove a reference to Interpretation .01 at time of order receipt is more than 5 http://www.nrc.gov/reading-rm/ of Rule 11.9(u). The text of the proposed cents ($.05) wide; adams.html or http://www.nrc.gov/ rule change is set forth below. Proposed 2. market orders with sizes between reading-rm/doc-collections/ (ACRS & new language is in italics; proposed 1001 shares and 5000 shares when the ACNW Mtg schedules/agendas). deletions are in [brackets].4 NBBO at time of order receipt is more Videoteleconferencing service is than 10 cents ($.10) wide; and available for observing open sessions of Rule 8.15. Imposition of Fines for Minor 3. market orders with sizes above ACNW meetings. Those wishing to use Violation(s) of Rules 5000 shares when the NBBO at time of this service for observing ACNW * * * * * order receipt is more than 15 cents meetings should contact Mr. Theron ($.15) wide. Interpretations and Policies Brown, ACNW Audiovisual Technician (b) to assist Preferencing Dealers in (301/415–8066), between 7:30 a.m. and .01 List of Exchange Rule Violations satisfying their obligations under the 3:45 p.m. ET, at least 10 days before the and Fines Applicable thereto Pursuant rule, the following exceptions apply: meeting to ensure the availability of this to Rule 8.15: 1. Unusual Market Conditions service. Individuals or organizations (a)–(g) No Change to Text. Unusual market conditions include requesting this service will be [(h) Rule 11.9(u) and Interpretation responsible for telephone line charges the following conditions: .01 related to the requirement to i. the NBBO is more than 1 dollar and for providing the equipment and immediately execute market orders at an ($1.00) wide at receipt; facilities that they use to establish the improved price or expose the market ii. the market is locked or crossed at video teleconferencing link. The order on the Exchange for a minimum receipt or becomes that way during availability of video teleconferencing of fifteen seconds in an attempt to exposure; services is not guaranteed. improve the price. iii. when circuit breakers have been Dated: September 15, 2003. Recommended Fine Amount activated; Andrew L. Bates, $1,000 first violation of the 2% iv. during and immediately after the Advisory Committee Management Officer. quarterly threshold opening (a period not to exceed 5 [FR Doc. 03–23948 Filed 9–18–03; 8:45 am] $2,500 second violation minutes); v. immediately prior to the close (a BILLING CODE 7590–01–P Third violation Business Conduct Committee Hearing] period not to exceed 5 minutes); vi. when the Exchange has declared a * * * * * fast market; and SECURITIES AND EXCHANGE Rule 11.9(u), Interpretations and vii. when non-firm markets exist. COMMISSION Policies 2. Best Interests of the Customer [Release No. 34–48491; File No. SR–CSE– * * * * * 2003–10] In order to protect the best interests of [.01 Market Order Exposure the customer, the following orders may Self-Regulatory Organizations; Notice Requirement require unique handling subject to the of Filing of Proposed Rule Change by application of a member’s brokerage (a) Consistent with his or her agency The Cincinnati Stock Exchange, Inc. To judgment and experience as required by responsibility to exercise due diligence, Eliminate Market Order Exposure CSE Rule 12.10, Best Execution: Requirements i. block size market orders as defined 3 As a result of the amendment, the relevant interpretations and policies contained in CSE in the Intermarket Trading System Plan; September 12, 2003. Regulatory Circulars 01–07, 99–03, 98–06, 97–07, ii. odd-lot orders; Pursuant to Section 19(b)(1) of the 96–04 will also be repealed. iii. contingent orders; Securities Exchange Act of 1934 4 At the request of the Exchange, the Commission iv. a market order for a quantity that (‘‘Act’’),1 and Rule 19b–4 thereunder,2 has revised the proposed rule text (i) to insert the exceeds the existing NBBO size; notice is hereby given that on August 7, word ‘‘wide’’ at the end of clauses (a)1, (a)2 and v. NBBO moves in direction of market (a)3; (ii) to reflect that the proposed rule change 2003, The Cincinnati Stock Exchange, would not change the text of paragraph (g) of CSE order stop price; and Inc. (‘‘CSE’’ or ‘‘Exchange’’) filed with Rule 8.15, Interpretation .01; and (iii) to correct a vi. Primary market trades at market the Securities and Exchange typographical error in paragraph (b)1.i. of Rule order stop price.] Commission (‘‘Commission’’) the 11.9(u), Interpretation .01. Telephone conversation between Jeffrey T. Brown, Senior Vice President, [.02].01 Limit Order Protection Regulation and General Counsel, Exchange and Ann 1 15 U.S.C. 78s(b)(1). E. Leddy, Attorney, Division of Market Regulation, No Change to Text. 2 17 CFR 240.19b–4. Commission (September 12, 2003). * * * * *

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II. Self-Regulatory Organization’s pricing and today’s narrow spreads, the III. Date of Effectiveness of the Statement of the Purpose of, and CSE proposes to eliminate the rule. At Proposed Rule Change and Timing for Statutory Basis for, the Proposed Rule the same time, PDDs’ best execution Commission Action Change responsibilities will continue to apply. Within 35 days of the date of In its filing with the Commission, the This will provide the CSE’s PDDs with CSE included statements concerning the more flexibility when handling publication of this notice in the Federal purpose of and basis for the proposed customer market orders while also Register or within such longer period (i) rule change and discussed any permitting them to operate on a level as the Commission may designate up to comments it received on the proposed playing field with participants that trade 90 days of such date if it finds such rule change. The text of these statements ITS securities on other markets without longer period to be appropriate and may be examined at the places specified being subject to similar requirements. publishes its reasons for so finding or in Item IV below. The CSE has prepared (ii) as to which the self-regulatory 2. Statutory Basis summaries, set forth in Sections A, B, organization consents, the Commission and C below, of the most significant The CSE believes that the proposed will: aspects of such statements. rule change is generally consistent with A. By order approve such proposed A. Self-Regulatory Organization’s Section 6(b) of the Act.7 The proposed rule change, or Statement of the Purpose of, and rule change also furthers the objectives 8 B. institute proceedings to determine Statutory Basis for, the Proposed Rule of Section 6(b)(5) of the Act, whether the proposed rule change particularly, in that it is designed to Change should be disapproved. prevent fraudulent and manipulative 1. Purpose acts and practices, to promote just and IV. Solicitation of Comments The purpose of the proposed rule equitable principles of trade and to change is to amend CSE Rule 11.9(u) to remove impediments to and perfect the Interested persons are invited to eliminate Interpretation .01, which mechanism of a free and open market submit written data, views, and requires preferencing designated dealers and a national market system and, arguments concerning the foregoing, (‘‘PDDs’’) trading Intermarket Trading generally, in that it protects investors including whether the proposed rule System (‘‘ITS’’) securities, except under and the public interest. change is consistent with the Act. unusual market conditions or if it is not Persons making written submissions in the best interest of the customer, B. Self-Regulatory Organization’s should file six copies thereof with the when the spread between the national Statement on Burden on Competition Secretary, Securities and Exchange best bid and offer is greater than the The CSE does not believe that the Commission, 450 Fifth Street, NW, minimum price variation, immediately proposed rule change impose any Washington, DC 20549–0609. Copies of either to execute a market order at an inappropriate burden on competition. the submission, all subsequent improved price or expose the market amendments, all written statements order for a minimum of fifteen seconds C. Self-Regulatory Organization’s with respect to the proposed rule in an attempt to improve the price.5 The Statement on Comments on the change that are filed with the CSE believes that it is the only market Proposed Rule Change Received From Commission, and all written with such a requirement. In conjunction Members, Participants or Others communications relating to the with the elimination of the requirement, Written comments were neither proposed rule change between the the Exchange is also proposing to Commission and any person, other than remove Interpretation .01 of Rule solicited nor received. those that may be withheld from the 11.9(u) from its schedule of Exchange public in accordance with the Rules that are subject to the CSE’s minor when the price variation in the spread between the best national bid and offer is greater than or equal provisions of 5 U.S.C. 552, will be rule violation plan, CSE Rule 8.15. 1 to ⁄4 of a $1 ($0.25). See CSE Regulatory Circular available for inspection and copying in The Market Order Exposure 97–07; see also Securities Exchange Act Release Requirement was initially adopted as Nos. 39720 (March 4, 1998), 63 FR 11942 (March the Commission’s Public Reference part of the Exchange’s PDD program at 11, 1998) (SR–CSE–97–13); 43471 (October 20, Room. Copies of such filing will also be 2000), 65 FR 64463 (October 27, 2000) (SR–CSE– available for inspection and copying at a time when the industry minimum 00–08); and 43653 (December 1, 2000), 65 FR 77055 price variation was 1/8th of a dollar (December 8, 2000) (SR–CSE–00–08) (each of which the principal office of the CSE. All ($0.125) resulting in the CSE’s market references CSE Regulatory Circular 97–07 for submissions should refer to File No. order exposure rule applying when bid/ further discussion of CSE’s Market Order Exposure SR–CSE–2003–10 and should be Requirement). Through SR–CSE–2003–09, the submitted by October 10, 2003. ask spreads were 1/4th of a dollar Exchange modified its Market Order Exposure 6 ($0.25). Given the advent of decimal Requirement by reducing the exposure period from For the Commission, by the Division of 15 seconds to 5 seconds and imposing the rule Market Regulation, pursuant to delegated 5 based on the size of the market order received by This provision applies only to public agency authority.9 buy/sell market orders in securities other than the CSE PDDs. Specifically, the CSE introduced a Nasdaq national market securities. Over the years, three-tiered application of the rule to require PDDs Jill M. Peterson, to: (1) expose for 5 seconds or execute immediately the CSE has disseminated Regulatory Circulars Assistant Secretary. describing the Exchange’s interpretations of at an improved price market orders of 1000 shares ‘‘unusual market conditions’’ or when ‘‘it is not in or less received when the NBBO is more than 5 [FR Doc. 03–23949 Filed 9–18–03; 8:45 am] the best interests of the customer’’ to expose a cents ($0.05) wide; (2) expose for 5 seconds or BILLING CODE 8010–01–P market order. See CSE Regulatory Circulars 01–07, execute immediately at an improved price market 99–03, 98–06, 97–07 and 96–04. These orders with share size between 1001 and 5000 interpretations were incorporated into the text of shares received when the NBBO is more than 10 the rule language through File No. SR–CSE–2003– cents ($0.10) wide; and (3) expose for 5 seconds or 09. Securities Exchange Act Release No. 48388 execute immediately at an improved price market (August 21, 2003), 68 FR 51820 (August 28, 2003). orders with size greater than 5001 shares when the 6 While over time the minimum trading NBBO is more than 15 cents ($0.15) wide. File No. increment has decreased from 1/8th to subpenny SR–CSE–2003–09, note 4 supra. increments, until recently the requirements of Rule 7 15 U.S.C. 78f(b). 11.9(u) Interpretation .01 remained applicable only 8 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE The System is a new component of the may be examined at the places specified COMMISSION Exchange’s Automated Options Market in Item IV below. The Phlx has prepared (AUTOM) and Automatic Execution summaries, set forth in sections A, B, [Release No. 34–48490; File No. SR–Phlx– (AUTO-X) System.7 and C below, of the most significant 2003–64] The text of the proposal rule change aspects of such statements. is set forth below. New text is in italics; Self-Regulatory Organizations; Notice deletions are in brackets. A. Self-Regulatory Organization’s of Filing and Immediate Effectiveness Statement of the Purpose of, and * * * * * of Proposed Rule Change by the Statutory Basis for, the Proposed Rule Philadelphia Stock Exchange, Inc. Philadelphia Stock Exchange Change Automated Options Market (AUTOM) Extending the Program to Deploy the 1. Purpose Options Floor Broker Management and Automatic Execution System System (AUTO–X) The purpose of the proposed rule change is to extend the effectiveness of Rule 1080. (a)–(j) No change. September 12, 2003. the rules governing the System beyond Pursuant to Section 19(b)(1) of the Commentary: the current effective date of September Securities Exchange Act of 1934 .01—.05 No change. 12, 2003,8 in order to continue to have (‘‘Act’’) 1, and Rule 19b–4 2–thereunder, .06 Options Floor Broker Management rules in place concerning the System notice is hereby given that on System. The Options Floor Broker and to ensure that Floor Brokers using September 12, 2003, the Philadelphia Management System is a component of the System during the continuing Stock Exchange, Inc. (‘‘Phlx’’ or AUTOM designed to enable Floor deployment will not be in violation of ‘‘Exchange’’) filed with the Securities Brokers and/or their employees to enter, current Exchange rules regarding ticket and Exchange Commission (‘‘SEC’’ or route and report transactions stemming marking requirements. ‘‘Commission’’) the proposed rule from options orders received on the The System is designed to enable change as described in Items I, II, and Exchange. The Options Floor Broker Floor Brokers and/or their employees to III, below, which Items have been Management System also is designed to enter, route and report transactions prepared by the Phlx. The Exchange has establish an electronic audit trail for stemming from options orders received designated the proposed rule change as options orders represented and executed on the Exchange. Floor Brokers or their constituting a ‘‘non-controversial’’ rule by Floor Brokers on the Exchange, such employees access the System through an change under Section 19(b)(3)(A)(iii) of that the audit trail provides an accurate, electronic Exchange-provided handheld 3 the Act, and paragraph (f)(6) of Rule time-sequenced record of electronic and device on which they have the ability to 4 19b–4 under the Act, which renders other orders, quotations and enter the required information as set the proposal effective upon receipt of transactions on the Exchange, beginning forth in Phlx Rule 1063(e), either from 5 this filing by the Commission. The with the receipt of an order by the their respective posts on the options Commission is publishing this notice to Exchange, and further documenting the trading floor or in the trading crowd. solicit comments on the proposed rule life of the order through the process of The System will eventually replace the change from interested persons. execution, partial execution, or Exchange’s current Floor Broker Order cancellation of that order. The Exchange I. Self-Regulatory Organization’s Entry System (‘‘FBOE’’),9 as part of a will begin deployment of the Options roll-out of the new System floor-wide. Statement of the Terms of Substance of Floor Broker Management System on All of the rules pertaining to the the Proposed Rule Change July 31, 2003, with floor-wide System adopted in July and effective The Phlx proposes to extend its pilot deployment to be completed not later through September 12 10 are proposed to program pertaining to the Options Floor than [September 12] November 14, 2003. be extended until November 14, 2003, Broker Management System (the * * * * * including: Phlx Rules 1014(g), 1015, ‘‘System’’) until November 14, 2003.6 II. Self-Regulatory Organization’s 1051, 1063, 1064, and 1080.06, as well 1 15 U.S.C. 78s(b)(1). Statement of the Purpose of, and as Option Floor Procedure Advices 2 17 CFR 240.19b–4. Statutory Basis for, the Proposed Rule (‘‘Advice’’) A–11, B–6, B–8, C–2, C–3, 3 15 U.S.C. 78s(b)(3)(A)(iii). Change F–1, F–2, and F–4. In addition to 4 17 CFR 240.19b–4(f)(6)(iii). In its filing with the Commission, the extending the effective date of the rules, 5 The Exchange has requested that the Phlx included statements concerning this proposal also amends Phlx Rule Commission waive both the five-day pre-filing 1080, Commentary .06 to state that the notification requirement and the 30-day operative the purpose of, and basis for, the delay, as specified in Rule 19b–4(f)(6)(iii). 17 CFR proposed rule change and discussed any 240.19b–4(f)(6)(iii). comments it received on the proposed 8 Telephone conversation between Rick Rudolph, 6 Director and Counsel, Phlx, and Jennifer Colihan, On July 31, 2003, the Exchange filed a proposed rule change. The text of these statements rule change to implement a pilot program to deploy Special Counsel, Division of Market Regulation the Exchange’s new System. The proposed rule (‘‘Division’’), Commission on September 12, 2003. change was noticed, and accelerated approval was comment, which may result in amendments to the During this conversation, the Exchange clarified the granted thereto, on July 31, 2003. The pilot was proposed rules. current effective date of the pilot. scheduled to expire on August 29, 2003. See 7 AUTOM is the Exchange’s electronic order 9 See Securities Exchange Act Release No. 41524 Securities Exchange Act Release No. 48266 (July 31, delivery, routing, execution and reporting system, (June 14, 1999), 64 FR 33127 (June 21, 1999) (SR– 2003), 68 FR 152 (August 7, 2003) (SR–Phlx–2003– which provides for the automatic entry and routing Phlx–99–11). The FBOE, a component of AUTOM, 56). On August 29, the Commission extended the of equity option and index option orders to the currently provides a means for (but does not pilot. The pilot is currently scheduled to expire on Exchange trading floor. Orders delivered through require) Floor Brokers to route eligible orders to the September 12, 2003. See Securities Exchange Act AUTOM may be executed manually, or certain specialist’s post, consistent with the order delivery Release No. 48425 (August 29, 2003), FR 68 53210 orders are eligible for AUTOM’s automatic criteria of the AUTOM System set forth in Exchange (September 9, 2003) (SR–Phlx–2003–60). The execution feature, AUTO–X. Equity option and Rule 1080(b). The new System would include the Exchange has also filed for permanent approval of index option specialists are required by the same functionality as the FBOE, in addition to the proposed rules. See Securities Exchange Act Exchange to participate in AUTOM and its features providing an electronic audit trail for non- Release No. 48265 (July 31, 2003), 68 FR 47137 and enhancements. Option orders entered by electronic orders received by Floor Brokers by way (August 7, 2003) (SR–Phlx–2003–40). The Exchange Exchange members into AUTOM are routed to the of the entry of the required information in proposed acknowledges that SR–Phlx–2003–40 and appropriate specialist unit on the Exchange trading Rule 1063(e). Amendment No. 1 thereto are subject to public floor. See Exchange Rule 1080. 10 See note 6, supra.

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Exchange will complete deployment of (iii) does not become operative for 30 For the Commission, by the Division of the System by November 14, 2003.11 days (or such shorter time as the Market Regulation, pursuant to delegated 18 The Exchange believes that the Commission may designate if consistent authority. System will enable Floor Brokers to with the protection of investors and the Jill M. Peterson, handle orders they represent more public interest) after the date of the Assistant Secretary. efficiently, and will further enable the filing, the proposed rule change has Exchange to comply with the audit trail become effective pursuant to Section [FR Doc. 03–23950 Filed 9–18–03; 8:45 am] requirement for non-electronic orders 19(b)(3)(A) of the Act 15 and Rule 19b– BILLING CODE 8010–01–P required under the Order Instituting 4(f)(6) thereunder.16 At any time within Public Administrative Proceedings 60 days of the filing of such proposed Pursuant to Section 19(h)(1) of the rule change, the Commission may SMALL BUSINESS ADMINISTRATION Securities Exchange Act of 1934, summarily abrogate such rule change if Making Findings and Imposing [Declaration of Economic Injury Disaster it appears to the Commission that such #9W74] Remedial Sanctions.12 action is necessary or appropriate in the 2. Statutory Basis public interest, for the protection of State of Montana; (Amendment #1) The Exchange believes that its investors, or otherwise in furtherance of The above numbered declaration is proposal is consistent with Section 6(b) the purposes of the Act. hereby amended to include Beaverhead, of the Act 13 in general, and furthers the The Commission believes that it is Granite, Park, Ravalli, Stillwater and objectives of Section 6(b)(5) of the Act 14 consistent with the protection of Sweet Grass Counties in the State of in particular, in that it is designed to investors and the public interest to Montana as an economic injury disaster promote just and equitable principles of waive the five-day pre-filing notice and area due to the effects of the forest fires trade, remove impediments to and 30-day operative date to allow the that began on July 23, 2003, and perfect the mechanisms of a free and System and rules to continue on a pilot continue to burn. open market and a national market basis without interruption until In addition, applications for economic system, and to protect investors and the November 14, 2003.17 injury loans from small businesses public interest, by providing a System located in the contiguous counties of that enables Floor Brokers to handle IV. Solicitation of Comments Carbon, Deer Lodge, Gallatin, Golden orders they represent more efficiently, Valley, Madison, Silver Bow, Wheatland while enabling the Exchange to comply Interested persons are invited to and Yellowstone Counties in the State with the requirement in the Order to submit written data, views and of Montana; Park County in the State of provide an electronic audit trail for non- arguments concerning the foregoing, Wyoming; and Clark, Fremont, Idaho electronic orders entered on the including whether the proposed rule and Lemhi Counties in the State of Exchange. change is consistent with the Act. Idaho may be filed until the specified Persons making written submissions date at the previously designated B. Self-Regulatory Organization’s should file six copies thereof with the location. Statement on Burden on Competition Secretary, Securities and Exchange The number assigned for economic The Exchange does not believe that Commission, 450 Fifth Street, NW., injury is 9W9000 for Wyoming. the proposed rule change will impose Washington, DC 20549–0609. Copies of All other information remains the any inappropriate burden on the submission, all subsequent same, i.e., the deadline for filing competition. amendments, all written statements applications for economic injury is May C. Self-Regulatory Organization’s with respect to the proposed rule 26, 2004. Statement on Comments on the change that are filed with the (Catalog of Federal Domestic Assistance Proposed Rule Change Received from Commission, and all written Program No. 59002) Members, Participants, or Others communications relating to the Dated: September 11, 2003. No written comments were either proposed rule change between the Hector V. Barreto, solicited or received. Commission and any person, other than Administrator. those that may be withheld from the [FR Doc. 03–23977 Filed 9–18–03; 8:45 am] III. Date of Effectiveness of the public in accordance with the BILLING CODE 8025–01–P Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be Commission Action available for inspection and copying in Because the proposed rule change: (i) the Commission’s Public Reference SMALL BUSINESS ADMINISTRATION does not significantly affect the Room. Copies of such filing will also be [Declaration of Disaster #P016] protection of investors or the public available for inspection and copying at interest; (ii) does not impose any the principal office of the Phlx. All State of New Hampshire significant burden on competition; and submissions should refer to File No. SR–Phlx–2003–64 and should be As a result of the President’s major 11 Telephone conversation between Rick submitted by October 10, 2003. disaster declaration for Public Rudolph, Director and Counsel, Phlx, and Jennifer Assistance on September 12, 2003 the Colihan, Special Counsel, Division, Commission on U.S. Small Business Administration is September 12, 2003. During this conversation, the Exchange clarified the current effective date of the activating its disaster loan program only pilot, the date for the proposed extension of the for private non-profit organizations that 15 15 U.S.C. 78s(b)(3)(A). pilot, and the date on which deployment of the provide essential services of a 16 17 CFR 240.19b–4(f)(6). system will be completed. governmental nature. I find that 12 See Securities Exchange Act Release No. 43268 17 For purposes only of accelerating the operative (September 11, 2000) and Administrative date of this proposal, the Commission has Cheshire and Sullivan Counties in the Proceeding File 3–10282. considered the proposed rule’s impact on State of New Hampshire constitute a 13 15 U.S.C. 78f(b). efficiency, competition, and capital formation. 15 14 15 U.S.C. 78f(b)(5). U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12).

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disaster area due to damages caused by (Catalog of Federal Domestic Assistance 19, 2003, the United States Small severe storms and flooding occurring on Program Nos. 59002 and 59008). Business Administration hereby revokes July 21, 2003 and continuing through Cheri L. Cannon, the license of Renaissance Capital August 18, 2003. Applications for loans Acting Associate Administrator for Disaster Corporation, a Georgia Corporation, to for physical damage as a result of this Assistance. function as a small business investment disaster may be filed until the close of [FR Doc. 03–23976 Filed 9–18–03; 8:45 am] company under the Small Business business on November 12, 2003 at the BILLING CODE 8025–01–P Investment Company License No. 04/ address listed below or other locally 04–5236 issued to Renaissance Capital announced locations: U.S. Small Corporation and said license is hereby Business Administration, Disaster Area SMALL BUSINESS ADMINISTRATION declared null and void as of September 1 Office, 360 Rainbow Blvd., South, 3rd [Declaration of Disaster #P015] 5, 2003. Floor, Niagara Falls, NY 14303. Dated: September 12, 2003. The interest rates are: State of Vermont Small Business Administration. Jeffrey D. Pierson, Percent As a result of the President’s major disaster declaration for Public Associate Administrator for Investment. For Physical Damage: Assistance on September 12, 2003 the [FR Doc. 03–23980 Filed 9–18–03; 8:45 am] Non-Profit Organizations With- U.S. Small Business Administration is BILLING CODE 8025–01–P out Credit Available Else- activating its disaster loan program only where ...... 2.953 for private non-profit organizations that Non-Profit Organizations With provide essential services of a DEPARTMENT OF STATE Credit Available Elsewhere ... 5.500 governmental nature. I find that [Public Notice 4496] Bennington, Orange, Windham and The number assigned to this disaster Windsor Counties in the State of Culturally Significant Objects Imported for physical damage is P01611. Vermont constitute a disaster area due for Exhibition; Determinations: (Catalog of Federal Domestic Assistance to damages caused by severe storms and ‘‘Christoffer Wilhelm Eckersberg Program Nos. 59008). flooding occurring on July 21, 2003 and (1783–1853)’’ Dated: September 15, 2003. continuing through August 18, 2003. AGENCY: Herbert L. Mitchell, Applications for loans for physical Department of State. Associate Administrator for Disaster damage as a result of this disaster may ACTION: Notice. be filed until the close of business on Assistance. SUMMARY: Notice is hereby given of the November 12, 2003 at the address listed [FR Doc. 03–23978 Filed 9–18–03; 8:45 am] following determinations: Pursuant to below or other locally announced BILLING CODE 8025–01–P the authority vested in me by the Act of locations: U.S. Small Business October 19, 1965 [79 Stat. 985; 22 U.S.C. Administration, Disaster Area 1 Office, 2459], Executive Order 12047 of March 360 Rainbow Blvd., South, 3rd Floor, SMALL BUSINESS ADMINISTRATION 27, 1978, the Foreign Affairs Reform and Niagara Falls, NY 14303. The interest rates are: Restructuring Act of 1998 [112 Stat. [Declaration of Disaster #3534] 2681, et seq.; 22 U.S.C. 6501 note, et Percent seq.], Delegation of Authority No. 234 of State of Ohio; (Amendment #4) October 1, 1999 [64 FR 56014], For Physical Damage: Delegation of Authority No. 236 of In accordance with a notice received Non-profit Organizations With- October 19, 1999 [64 FR 57920], as from the Department of Homeland out Credit Available Else- amended, and Delegation of Authority Security—Federal Emergency where ...... 2.953 No. 257 of April 15, 2003 [68 FR 19875], Management Agency, effective Non-profit Organizations With I hereby determine that the objects to be September 5, 2003, the above numbered Credit Available Elsewhere ... 5.500 included in the exhibition, ‘‘Christoffer declaration is hereby amended to Wilhelm Eckersberg (1783–1853),’’ include Richland County as a disaster The number assigned to this disaster imported from abroad for temporary area due to damages caused by for physical damage is P01511. exhibition within the United States, are tornadoes, flooding, severe storms and (Catalog of Federal Domestic Assistance of cultural significance. The objects are high winds occurring on July 21, 2003 Program Nos. 59008). imported pursuant to loan agreements and continuing through August 25, Dated: September 15, 2003. with foreign lenders. I also determine 2003. Herbert L. Mitchell, that the exhibition or display of the In addition, applications for economic Associate Administrator for Disaster exhibit objects at the National Gallery of injury loans from small businesses Assistance. Art, Washington, DC, from on or about located in the contiguous counties of [FR Doc. 03–23979 Filed 9–18–03; 8:45 am] November 23, 2003, to on or about Crawford, Huron, Knox and Morrow in BILLING CODE 8025–01–P February 29, 2004, and at possible the State of Ohio may be filed until the additional venues yet to be determined, specified date at the previously is in the national interest. Public Notice designated location. All other counties SMALL BUSINESS ADMINISTRATION of these determinations is ordered to be contiguous to the above named primary published in the Federal Register. county have been previously declared. Revocation of License of Small Business Investment Company FOR FURTHER INFORMATION CONTACT: For All other information remains the further information, including a list of same, i.e., the deadline for filing Pursuant to the authority granted to the exhibit objects, contact Paul W. applications for physical damage is the United States Small Business Manning, Attorney-Adviser, Office of September 30, 2003, and for economic Administration by the Final Order of the the Legal Adviser, 202/619–5997, and injury the deadline is May 3, 2004. United States District Court for the the address is United States Department Dated: September 12, 2003. Northern District of Georgia dated May of State, SA–44, Room 700, 301 4th

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Street, SW., Washington, DC 20547– DEPARTMENT OF STATE DEPARTMENT OF STATE 0001. Dated: September 15, 2003. [Public Notice 4497] [Public Notice 4495] C. Miller Crouch, Principal Deputy Assistant Secretary for Culturally Significant Objects Imported Culturally Significant Objects Imported Educational and Cultural Exchanges, for Exhibition; Determinations: for Exhibition; Determinations: ‘‘The Department of State. ‘‘Schoenberg, Kandinsky, and the Blue Triumph of French Painting: 17th [FR Doc. 03–23955 Filed 9–18–03; 8:45 am] Rider’’ Century Masterpieces from the BILLING CODE 4710–08–P Museums of FRAME’’ AGENCY: Department of State. AGENCY: Department of State. DEPARTMENT OF STATE ACTION: Notice. ACTION: Notice. [Public Notice 4494] SUMMARY: Notice is hereby given of the SUMMARY: Culturally Significant Objects Imported following determinations: Pursuant to Notice is hereby given of the for Exhibition; Determinations: ‘‘The the authority vested in me by the Act of following determinations: Pursuant to Etruscans: An Ancient Culture October 19, 1965 [79 Stat. 985; 22 U.S.C. the authority vested in me by the Act of Revealed’’ 2459], Executive Order 12047 of March October 19, 1965 (79 Stat. 985; 22 U.S.C. 27, 1978, the Foreign Affairs Reform and 2459), Executive Order 12047 of March AGENCY: Department of State. Restructuring Act of 1998 [112 Stat. 27, 1978, the Foreign Affairs Reform and ACTION: Notice. 2681, et seq.; 22 U.S.C. 6501 note, et Restructuring Act of 1998 (112 Stat. seq.], Delegation of Authority No. 234 of 2681, et seq.; 22 U.S.C. 6501 note, et SUMMARY: Notice is hereby given of the following determinations: Pursuant to October 1, 1999 [64 FR 56014], seq.), Delegation of Authority No. 234 of the authority vested in me by the Act of Delegation of Authority No. 236 of October 1, 1999, and Delegation of October 19, 1965 (79 Stat. 985; 22 U.S.C. October 19, 1999 [64 FR 57920], as Authority No. 236 of October 19, 1999, 2459), Executive Order 12047 of March amended, and Delegation of Authority as amended, and Delegation of 27, 1978, the Foreign Affairs Reform and No. 257 of April 15, 2003 [68 FR 19875], Authority No. 257 of April 15, 2003 [68 Restructuring Act of 1998 (112 Stat. I hereby determine that the objects to be FR 19875], I hereby determine that the 2681, et seq.; 22 U.S.C. 6501 note, et included in the exhibition, objects to be included in the exhibition seq.), Delegation of Authority No. 234 of ‘‘Schoenberg, Kandinsky, and the Blue ‘‘The Triumph of French Painting: 17th October 1, 1999, and Delegation of Rider,’’ imported from abroad for Century Masterpieces from the Authority No. 236 of October 19, 1999, temporary exhibition within the United Museums of FRAME,’’ imported from as amended, and Delegation of States, are of cultural significance. The abroad for temporary exhibition within Authority No. 257 of April 15, 2003 [68 objects are imported pursuant to loan the United States, is of cultural FR 19875], I hereby determine that the agreements with foreign lenders. I also significance. The objects are imported objects to be included in the exhibition determine that the exhibition or display pursuant to a loan agreement with the ‘‘The Etruscans: An Ancient Culture of the exhibit objects at The Jewish foreign owner. I also determine that the Revealed,’’ imported from abroad for Museum, New York, New York, from on exhibition or display of the exhibit temporary exhibition within the United or about October 24, 2003, to on or objects at the Portland Art Museum, States, are of cultural significance. The about February 12, 2004, and at possible Portland, OR from on or about October objects are imported pursuant to a loan additional venues yet to be determined, 11, 2003 to on or about January 4, 2004 agreement with the foreign owner. I also is in the national interest. Public Notice and the Birmingham Museum of Art, determine that the exhibition or display of these determinations is ordered to be Birmingham, AL from on or about of the exhibit objects at Fernbank published in the Federal Register. January 25, 2004 to on or about April Museum of Natural History, Atlanta, GA 11, 2004, and at possible additional from on or about October 4, 2003 to on FOR FURTHER INFORMATION CONTACT: For venues yet to be determined, is in the or about January 4, 2004, and at possible further information, including a list of national interest. Public Notice of these additional venues yet to be determined, the exhibit objects, contact Paul W. Determinations is ordered to be is in the national interest. Public Notice Manning, Attorney-Adviser, Office of published in the Federal Register. of these Determinations is ordered to be the Legal Adviser, 202/619–5997, and published in the Federal Register. the address is United States Department FOR FURTHER INFORMATION CONTACT: For FOR FURTHER INFORMATION CONTACT: For of State, SA–44, Room 700, 301 4th further information, including a list of further information, including a list of Street, SW., Washington, DC 20547– the exhibit objects, contact Carol B. the exhibit objects, contact Carol B. 0001. Epstein, Attorney-Adviser, Office of the Epstein, Attorney-Adviser, Office of the Legal Adviser, Department of State, Dated: September 15, 2003. Legal Adviser, Department of State, (telephone: 202/619–6981). The address (telephone: 202/619–6981). The address C. Miller Crouch, is Department of State, SA–44, 301 4th is Department of State, SA–44, 301 4th Principal Deputy Assistant Secretary for Street, SW., Room 700, Washington, DC Street, SW., Room 700, Washington, DC Educational and Cultural Exchanges, 20547–0001. 20547–0001. Department of State. Dated: September 12, 2003. Dated: September 12, 2003. [FR Doc. 03–23954 Filed 9–18–03; 8:45 am] C. Miller Crouch, C. Miller Crouch, BILLING CODE 4710–08–P Principal Deputy Assistant Secretary for Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department Educational and Cultural Affairs, Department of State. of State. [FR Doc. 03–23958 Filed 9–18–03; 8:45 am] [FR Doc. 03–23956 Filed 9–18–03; 8:45 am] BILLING CODE 4710–08–P BILLING CODE 4710–08–P

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DEPARTMENT OF STATE (D) The importation into the U.S. of described above will be entered into for products produced by the entity two years. [Public Notice 4493] described above is prohibited for a These measures shall be implemented Bureau of Nonproliferation; Imposition period of two years. by the responsible agencies as provided of Missile Proliferation Sanctions With respect to items controlled in Executive Order 12851 of June 11, Against a Chinese Entity pursuant to the Export Administration 1993. Act of 1979, the export sanction only Dated: September 12, 2003. AGENCY: Department of State. applies to exports made pursuant to Susan F. Burk, ACTION: Notice. individual export licenses. Acting Assistant Secretary of State for Additionally, because China is a SUMMARY: A determination has been Nonproliferation, Department of State. country with a non-market economy made that a Chinese entity has engaged [FR Doc. 03–23957 Filed 9–18–03; 8:45 am] that is not a former member of the in missile technology proliferation BILLING CODE 4710–25–P Warsaw Pact (as referenced in the activities that require imposition of definition of ‘‘person’’ in section sanctions pursuant to the Arms Export 74(a)(8)(B) of the Arms Export Control Control Act, as amended, and the Export DEPARTMENT OF TRANSPORTATION Administration Act of 1979, as amended Act), the sanctions described in Section (as carried out under Executive Order 73(a)(2)(A) and (C) of the Arms Export Federal Aviation Administration 13222 of August 17, 2001). Control Act (22 U.S.C. 2797b(a)(2)(A) and (C)) are also applicable to all Air Traffic Procedures Advisory EFFECTIVE DATE: September 19, 2003. activities of the Chinese government Committee FOR FURTHER INFORMATION CONTACT: relating to the development or Vann H. Van Diepen, Office of production of any missile equipment or AGENCY: Federal Aviation Chemical, Biological and Missile technology and all activities of the Administration (FAA), DOT. Nonproliferation, Bureau of Chinese government affecting the SUMMARY: The FAA is issuing this notice Nonproliferation, Department of State development or production of to advise the public that a meeting of (202–647–1142). electronics, space systems or the Federal Aviation Administration Air SUPPLEMENTARY INFORMATION: Pursuant equipment, and military aircraft. Traffic Procedures Advisory Committee to Section 73(a)(1) of the Arms Export However, a further determination was (ATPAC) will be held to review present Control Act (22 U.S.C. 2797b(a)(1)); made on August 29, 2003, pursuant to air traffic control procedures and Section 11B(b)(1) of the Export section 73(e) of the Arms Export Control practices for standardization, Administration Act of 1979 (50 U.S.C. Act (22 U.S.C. 2797b(e)), that it is clarification, and upgrading of app. 2401b(b)(1)), as carried out under essential to the national security of the terminology and procedures. Executive Order 13222 if August 17, United States to waive for a period of DATES: The meeting will be held from 2001 (hereinafter cited as the ‘‘Export one year from the date of publication of Monday, October 20, from 1 p.m. to 4:30 Administration Act of 1979’’); and this notice the import sanction p.m., and Tuesday, October 21 to Executive Order 12851 of June 11, 1993; described in Section 73(a)(2)(C) of the Thursday, October 23, from 9 a.m. to a determination was made on August Arms Export Control Act (22 U.S.C. 4:30 p.m. 29, 2003, that the following foreign 2797b(a)(2)(C)) to the extent that this ADDRESSES: The meeting will be held at person has engaged in missile sanction applies to activities described David J. Hurley, Air Traffic System technology proliferation activities that in section 74(a)(8)(B) of the Arms Export Command Center, 13600 EDS Drive, require the imposition of the sanctions Control Act (22 U.S.C. 2797c(a)(8)(B))— Cafe´ Room B, Herndon, Virginia 20171. described in Section 73(a)(2)(A) and (C) i.e., activities of the Chinese government FOR FURTHER INFORMATION CONTACT: of the Arms Export Control Act (22 Mr. relating to the development or U.S.C. 2797b(a)(2)(A) and (C)) and John A. Clayborn, Executive Director, production of any missile equipment or Section 11B(b)(1)(B)(i) and (iii) of the ATPAC, Air Traffic Planning and technology and activities of the Chinese Export Administration Act of 1979 (50 Procedures, 800 Independence Avenue, government affecting the development U.S.C. app. 2410b(b)(1)(B)(i) and (iii)) SW., Washington, DC 20591, telephone or production of electronics, space on the following entity and its sub-units (202) 267–3725. systems or equipment, and military and successors: China North Industries SUPPLEMENTARY INFORMATION: Pursuant aircraft. Corporation. to Section 10(a)(2) of the Federal Accordingly, the following sanctions Accordingly, the following sanctions Advisory Committee Act (Pub. L. 92– are imposed on this entity: are imposed on all activities of the 463; 5 U.S.C. App. 2), notice is hereby (A) New individual licenses for Chinese government relating to the given of a meeting of the ATPAC to be exports to the entity described above of development or production of missile held Monday, October 20, from 1 p.m. MTCR Annex-controlled equipment or equipment or technology and all to 4:30 p.m., and Tuesday, October 21, technology controlled pursuant to the activities of the Chinese government to Thursday, October 23, from 9 a.m. to Export Administration Act of 1979 will affecting the development or production 4:30 p.m. be denied for two years; of electronics, space systems or The agenda for this meeting will (B) New licenses for export to the equipment, and military aircraft: cover: A continuation of the entity described above of MTCR Annex- (A) New licenses for export to the Committee’s review of present air traffic controlled equipment or technology government activities described above control procedures and practices for controlled pursuant to the Arms Export of MTCR Annex-controlled equipment standardization, clarification, and Control Act will be denied for two or technology controlled pursuant to the upgrading of terminology and years; Arms Export Control Act will be denied procedures. It will also include: (C) No new United States Government for two years; and 1. Approval of Minutes. contracts relating to MTCR Annex- (B) No new United States Government 2. Submission and Discussion of controlled equipment or technology contracts relating to MTCR Annex- Areas of Concern. involving the entity described above controlled equipment or technology 3. Discussion of Potential Safety will be entered into for two years; and involving the government activities Items.

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4. Report from Executive Director. COMSTAC Working Groups Comments Invited 5. Items of Interest. (Technology and Innovation, Reusable The proposed policy is available on 6. Discussion and agreement of Launch Vehicle, Risk Management, and the Internet at the following address: location and dates for subsequent Launch Operations and Support) will be http://www.airweb.faa.gov/rgl. If you do meetings. held on Wednesday, October 29, 2003. not have access to the Internet, you can Attendance is open to the interested For specific information concerning the obtain a copy of the policy by contacting public but limited to the space times and locations of these meetings, the person listed under FOR FURTHER available. With the approval of the contact the Contact Person listed below. INFORMATION CONTACT. Chairperson, members of the public may Individuals who plan to attend and The FAA invites your comments on present oral statements at the meeting. need special assistance, such as sign this proposed policy. We will accept Persons desiring to attend and persons language interpretation or other your comments, data, views, or desiring to present oral statements reasonable accommodations, should arguments by letter, fax, or e-mail. Send should notify the person listed above inform the Contact Person listed below your comments to the person indicated not later than October 17, 2003. The in advance of the meeting. in FOR FURTHER INFORMATION CONTACT. next quarterly meeting of the FAA Mark your comments, ‘‘Comments to ATPAC is planned to be held from FOR FURTHER INFORMATION CONTACT: Brenda Parker (AST–200), Office of the Policy Statement No. ANM–2003–115– January 26–29, 2004, in Sacramento, 30.’’ Use the following format when California. Associate Administrator for Commercial Space Transportation (AST), 800 preparing your comments: Any member of the public may • Organize your comments issue-by- present a written statement to the Independence Avenue SW., Room 331, Washington, DC 20591, telephone (202) issue. Committee at any time at the address • For each issue, state what specific given above. 385–4713; e-mail [email protected]. change you are requesting to the Issued in Washington, DC, on September proposed policy. 12, 2003. Issued in Washington, DC, September 11, • Include justification, reasons, or 2003. John A. Clayborn, data for each change you are requesting. Patricia G. Smith, Executive Director, Air Traffic Procedures We also welcome comments in Advisory Committee. Associate Administrator for Commercial support of the proposed policy. Space Transportation. [FR Doc. 03–23973 Filed 9–18–03; 8:45 am] We will consider all communications [FR Doc. 03–23971 Filed 9–18–03; 8:45 am] received on or before the closing date BILLING CODE 4910–13–M BILLING CODE 4910–13–P for comments. We may change the proposed policy because of the DEPARTMENT OF TRANSPORTATION comments received. DEPARTMENT OF TRANSPORTATION Background Federal Aviation Administration Federal Aviation Administration The proposed policy memorandum Commercial Space Transportation will provide Federal Aviation Advisory Committee—Open Meeting [Policy Statement No. ANM–2003–115–30] Administration (FAA) certification policy on the occupant protection AGENCY: Federal Aviation Policy Statement on Side-Facing Seats requirements of § 25.785(a), Administration (FAA), DOT. on Transport Category Airplanes Amendment 25–64, for side-facing seats. ACTION: Notice of Commercial Space Specifically, it provides guidance used Transportation Advisory Committee AGENCY: Federal Aviation to establish the minimum acceptable open meeting. Administration (FAA), DOT. testing and human injury criteria for ACTION: obtaining special conditions for single SUMMARY: Pursuant to Section 10(a)(2) of Notice of proposed policy; occupant side-facing seats and an the Federal Advisory Committee Act request for comments. exemption for multiple occupant side- (Pub. L. 92–463, 5 U.S.C. App. 2), notice SUMMARY: The Federal Aviation facing seats. is hereby given of a meeting of the Administration (FAA) announces the Commercial Space Transportation Issued in Renton, Washington, on availability of proposed policy that Advisory Committee (COMSTAC). The September 8, 2003. clarifies certification policy on meeting will take place on Thursday, Vi L. Lipski, § 25.785(a), Amendment 25–64, for side- October 30, 2003, from 8 a.m. to 5 p.m. Manager, Transport Airplane Directorate, facing seats. at the Federal Aviation Administration Aircraft Certification Service. Headquarters Building, 800 DATES: Send your comments on or [FR Doc. 03–23974 Filed 9–18–03; 8:45 am] Independence Avenue SW., before October 20, 2003. BILLING CODE 4910–13–M Washington, DC, in the Bessie Coleman ADDRESSES: Address your comments to Conference Center, 2nd Floor. This will the individual identified under FOR DEPARTMENT OF TRANSPORTATION be the thirty-eighth meeting of the FURTHER INFORMATION CONTACT. COMSTAC. The proposed agenda for the meeting FOR FURTHER INFORMATION CONTACT: Surface Transportation Board Michael T. Thompson, Federal Aviation will include a briefing from members of [STB Ex Parte No. 290 (Sub No. 5) (2003– the Columbia Accident Investigation Administration, Transport Airplane 4)] Board focusing on the post-Columbia Directorate, Transport Standards Staff, implications for all United States space Airframe and Cabin Safety Branch, Quarterly Rail Cost Adjustment Factor sectors, updates on current commercial ANM–115, 601 Lind Avenue SW., Renton, WA 98055–4056; telephone AGENCY: Surface Transportation Board, space transportation legislation, and an DOT. activities report from FAA’s Associate (425) 227–1157; fax (425) 227–1100; e- ACTION: Approval of rail cost adjustment Administrator for Commercial Space mail: [email protected]. factor. Transportation. Meetings of the SUPPLEMENTARY INFORMATION:

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SUMMARY: The Board has approved the Financial Management Service (FMS) Respondents: Individuals or fourth quarter 2003 rail cost adjustment OMB Number: New collection. households. factor (RCAF) and cost index filed by Form Number: None. Estimated Number of Respondents: the Association of American Railroads. Type of Review: New collection. 177. The fourth quarter 2003 RCAF Title: Electronic Funds Transfer (EFT) Estimated Burden Hours Per (Unadjusted) is 1.017. The fourth Market Research Study. Respondent: 10 minutes. quarter 2003 RCAF (Adjusted) is 0.515. Description: FMS/Treasury, Federal Frequency of Response: On occasion. The fourth quarter 2003 RCAF–5 is Reserve Bank of St. Louis and its Estimated Total Reporting Burden 0.490. contractor study of Federal benefit Hours: 30 hours. recipients to identify barriers to OMB Number: 1535–0058. EFFECTIVE DATE: October 1, 2003. significant increasers is use of EFT for Form Number: PD F 1646. FOR FURTHER INFORMATION CONTACT: Mac benefit payments. Type of Review: Extension. Frampton, (202) 565–1541. Federal Respondents: Individuals or Title: Disposition of United States Information Relay Service (FIRS) for the households, Federal Government. Registered Securities and elated Checks hearing impaired: 1–800–877–8339. Estimated Number of Respondents: for Nonadministered Estate. SUPPLEMENTARY INFORMATION: 2,515. Description: Used by person entitled Additional information is contained in Estimated Burden Hours Per to decedent’s estate not being the Board’s decision. To purchase a Respondent: 3 hours and 29 minutes. administered. copy of the full decision, write to, call, Frequency of Response: Quarterly. Respondents: Individuals or or pick up in person from: Da¯-To-Da¯’’ Estimated Total Reporting Burden: households. Legal, Suite 405, 1925 K Street, NW., 764 hours. Estimated Number of Respondents: Washington, DC 20006, phone (202) Clearance Officer: Juanita Holder, 625. 293–7776. [Assistance for the hearing Financial Management Service, 3700 Estimated Burden Hours Per impaired is available through FIRS: 1– East West Highway, Room 135, PGP II, Respondent: 10 minutes. 800–877–8339.] Hyattsville, MD 20782. Frequency of Response: On occasion. This action will not significantly OMB Reviewer: Joseph F. Lackey, Jr., Estimated Total Reporting Burden affect either the quality of the human (202) 395–7316, Office of Management Hours: 313 hours. environment or energy conservation. and Budget, Room 10235, New OMB Number: 1535–0063. Pursuant to 5 U.S.C. 605(b), we Executive Office Building, Washington, Form Number: PD F 4239. conclude that our action will not have DC 20503. Type of Review: Extension. a significant economic impact on a Lois K. Holland, Title: Request for Payment or Reissue of U.S. Savings Bonds Deposited in substantial number of small entities Treasury PRA Clearance Officer. Safekeeping. within the meaning of the Regulatory [FR Doc. 03–23945 Filed 9–18–03; 8:45 am] Flexibility Act. Description: Used to request reissue or BILLING CODE 4810–35–P payment of bonds in safekeeping when Decided: September 11, 2003. custody receipts are not available. By the Board, Chairman Nober. Respondents: Individuals or DEPARTMENT OF THE TREASURY Vernon A. Williams, households. Secretary. Submission for OMB Review; Estimated Number of Respondents: [FR Doc. 03–23742 Filed 9–18–03; 8:45 am] Comment Request 500. BILLING CODE 4915–00–P Estimated Burden Hours Per September 9, 2003. Respondent: 10 minutes. The Department of Treasury has Frequency of Response: On occasion. submitted the following public Estimated Total Reporting Burden DEPARTMENT OF THE TREASURY information collection requirement(s) to Hours: 84 hours. OMB for review and clearance under the OMB Number: 1535–0100. Submission for OMB Review; Paperwork Reduction Act of 1995, Pub. Form Number: PD F 4094. Comment Request L. 104–13. Copies of the submission(s) Type of Review: Extension. Title: Affidavit by Individual Surety. September 12, 2002. may be obtained by calling the Treasury Bureau Clearance Officer listed. Description: Affidavit from individual The Department of Treasury has Comments regarding this information acting as surety for indemnification submitted the following public collection should be addressed to the agreement for lost, stolen or destroyed information collection requirement(s) to OMB reviewer listed and to the securities. OMB for review and clearance under the Treasury Department Clearance Officer, Respondents: Individuals or Paperwork Reduction Act of 1995, Department of the Treasury, Room households. Public Law 104–13. Copies of the 11000, 1750 Pennsylvania Avenue, Estimated Number of Respondents: submission(s) may be obtained by NW., Washington, DC 20220. 500. calling the Treasury Bureau Clearance Estimated Burden Hours Per DATES: Written comments should be Officer listed. Comments regarding this Respondent: 55 minutes. information collection should be received on or before October 20, 2003 to be assured of consideration. Frequency of Response: On occasion. addressed to the OMB reviewer listed Estimated Total Reporting Burden and to the Treasury Department Bureau of the Public Debt (PD) Hours: 460 hours. Clearance Officer, Department of the OMB Number: 1535–0048. OMB Number: 1535–0120. Treasury, Room 11000, 1750 Form Number: PD F 385. Form Number: PD F 5366, PD F 5354 Pennsylvania Avenue, NW., Type of Review: Extension. and PD F 5367. Washington, DC 20220. Title: Certificate of Identity. Type of Review: Extension. DATES: Written comments should be Description: The form is used to Title: FHA New Account Request, received on or before October 20, 2003 establish the identity of the owner of Transaction Request, and Transfer to be assured of consideration. U.S. Savings Securities. Request.

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Description: Used to establish DATES: Written comments should be Learning about the law or the account, change information on received on or before October 20, 2003 form—3 hr., 34 min. account, and transfer ownership. to be assured of consideration. Preparing and sending the form to the IRS—3 hr., 57 min. Respondents: Individuals or Internal Revenue Service (IRS) households, business of other for-profit. Frequency of Response: Annually. OMB Number: 1545–0054. Estimated Number of Respondents: Estimated Total Reporting/ Form Number: IRS Form 1000. 600. Type of Review: Extension. Recordkeeping Burden: 461,167 hours. Estimated Burden Hours Per Title: Ownership Certificate. OMB Number: 1545–0231. Respondent: 10 minutes. Description: Form 1000 is used by Form Number: IRS Form 6478. Frequency of Response: On occasion. citizens, resident individuals, Type of Review: Extension. Estimated Total Reporting Burden fiduciaries, partnerships and Title: Credit for Alcohol Used as Fuel. Hours: 102 hours. nonresident partnerships in connection Description: Internal Revenue Code Clearance Officer: Vicki S. Thorpe with interest on bonds of a domestic, (IRC) section 38(b)(3) allows a (304) 480–6553, Bureau of the Public resident foreign, or nonresident foreign nonrefundable income tax credit for Debt, 200 Third Street, Parkersburg, corporation containing a tax-free businesses that sell or use alcohol. West VA 26106–1328. covenant and issued before January 1, Small ethanol producers also receive a OMB Reviewer: Joseph F. Lackey, Jr. 1934. IRS uses the information to verify nonrefundable credit for production of (202) 395–7316, Office of Management that the correct amount of tax was qualified ethanol. Form 6478 is used to and Budget, Room 10235, New withheld. figure the credits. Executive Office Building, Washington, Respondents: Business or other for- Respondents: Business or other for- DC 20503. profit, individuals or households. profit. Estimated Number of Respondents/ Estimated Number of Respondents/ Lois K. Holland, Recordkeepers: 1,500. Recordkeepers: 1,594. Treasury PRA Clearance Officer. Estimated Burden Hours Per Estimated Burden Hours Per [FR Doc. 03–23946 Filed 9–18–03; 8:45 am] Respondent/Recordkeeper: 3 hours, 21 Respondent/Recordkeeper: BILLING CODE 4810–39–U minutes. Frequency of Response: On occasion. Recordkeeping—12 hr., 12 min. Estimated Total Reporting/ Learning about the law or the form—18 min. DEPARTMENT OF THE TREASURY Recordkeeping Burden: 5,040 hours. OMB Number: 1545–0155. Preparing and sending the form to Submission for OMB Review; Form Number: IRS Form 3468. the IRS—30 min. Comment Request Type of Review: Extension. Frequency of Response: Annually. Title: Investment Credit. Estimated Total Reporting/ September 12, 2003. Description: Taxpayers are allowed a Recordkeeping Burden: 20,722 hours. The Department of Treasury has credit against their income tax for Clearance Officer: Glenn Kirkland submitted the following public certain expenses they incur for their (202) 622–3428, Internal Revenue information collection requirement(s) to trades or businesses. Form 3468 is used Service, Room 6411–03, 1111 OMB for review and clearance under the to compute this investment tax credit. Constitution Avenue, NW., Washington, Paperwork Reduction Act of 1995, Pub. The information collected is used by the DC 20224. L. 104–13. Copies of the submission(s) IRS to verify that the credit has been OMB Reviewer: Joseph F. Lackey, Jr. may be obtained by calling the Treasury correctly computed. (202) 395–7316, Office of Management Bureau Clearance Officer listed. Respondents: Business or other for- and Budget, Room 10235, New Comments regarding this information profit, individuals or households, not- Executive Office Building, Washington, collection should be addressed to the for-profit institutions, farms. DC 20503. OMB reviewer listed and to the Estimated Number of Respondents/ Treasury Department Clearance Officer, Recordkeepers: 22,573. Mary A. Able, Department of the Treasury, Room Estimated Burden Hours Per Departmental Reports Management Officer. 11000, 1750 Pennsylvania Avenue, NW, Respondent/Recordkeeper: [FR Doc. 03–23947 Filed 9–18–03; 8:45 am] Washington, DC 20220. Recordkeeping—12 hr., 54 min. BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 68, No. 182

Friday, September 19, 2003

This section of the FEDERAL REGISTER §223.07 [Corrected] §136.3 [Corrected] contains editorial corrections of previously On page 51514, in the third column, 1. On page 43279, in §136.3(e), in the published Presidential, Rule, Proposed Rule, table, under the heading ‘‘Standard and Notice documents. These corrections are in §223.07(a)(7)(B), in the first line, ‘‘\’’ prepared by the Office of the Federal should read ‘‘Escape opening for methods 18th, 19, 20th Ed.’’, after the 4 Register. Agency prepared corrections are offshore hooped hard TED. 11th entry, add the following: ‘‘9230C ’’. 2. On page 43281, in the same section, issued as signed documents and appear in [FR Doc. C3–21858 Filed 9–18–03; 8:45 am] the appropriate document categories in footnote 2, in the first line ‘‘???m’’ elsewhere in the issue. BILLING CODE 1505–01–D should read ‘‘µm’’. 3. On the same page, in the same ENVIRONMENTAL PROTECTION section, in footnote 13, in the second DEPARTMENT OF COMMERCE AGENCY line, ‘‘bglucuronidase’’ should read ‘‘b– glucuronidase’’. National Oceanic and Atmospheric 40 CFR Part 136 4. On page 43282, in the same section, Administration in the second column, in paragraph [FRL–7529–7] (b)(52), in the second line ‘‘Colilert– 50 CFR Part 223 18’’’’ should read ‘‘Colilert–18’’. 5. On page 43283, in the same section, [Docket No. 030725185–3207–02; I.D. RIN 2040–AD71 071403B] in the table, under the heading Guidelines Establishing Test ‘‘Parameter No./name’’, in the third RIN 0648–AR34 Procedures for the Analysis of entry, ‘‘7 Enterocci’’ should read ‘‘7 Enterococci’’. Endangered and Threatened Wildlife; Pollutants; Analytical Methods for 6. On the same page, in the same Sea Turtle Conservation Requirements Biological Pollutants in Ambient Water section, in the same table, under the Correction Correction heading‘‘Preservation2,3’’, in the first through third entries ‘‘0.008%’’ should In rule document 03–21858 beginning In rule document 03–18155 beginning read ‘‘0.0008%’’. on page 51508 in the issue of on page 43272 in the issue of Monday, Wednesday, August 27, 2003, make the July 21, 2003 make the following [FR Doc. C3–18155 Filed 9–18–03; 8:45 am] following correction: corrections: BILLING CODE 1505–01–D

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Part II

Department of Housing and Urban Development Notice of Regulatory waiver Requests Granted for the First Quarter of Calendar Year 2003; Notice

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DEPARTMENT OF HOUSING AND approved, by publishing a notice in the Dated: September 10, 2003. URBAN DEVELOPMENT Federal Register. These notices (each Alphonso Jackson, covering the period since the most Deputy Secretary. [Docket No. FR–4854–N–01] recent previous notification) shall: Listing of Waivers of Regulatory Notice of Regulatory Waiver Requests a. Identify the project, activity, or undertaking involved; Requirements Granted by Offices of the Granted for the First Quarter of Department of Housing and Urban b. Describe the nature of the provision Calendar Year 2003 Development January 1, 2003, Through waived, and the designation of the March 31, 2003 AGENCY: Office of the Secretary, HUD. provision; ACTION: Public notice of the granting of c. Indicate the name and title of the Note to Reader: More information about regulatory waivers from January 1, 2003, person who granted the waiver request; the granting of these waivers, including a through March 31, 2003. d. Describe briefly the grounds for copy of the waiver request and approval, may approval of the request; and be obtained by contacting the person whose SUMMARY: Section 106 of the Department e. State how additional information name is listed as the contact person directly after each set of waivers granted. of Housing and Urban Development about a particular waiver-grant action Reform Act of 1989 (the HUD Reform may be obtained. The regulatory waivers granted appear in Act) requires HUD to publish quarterly the following order: Section 106 of the HUD Reform Act I. Regulatory waivers granted by the Office Federal Register notices of all also contains requirements applicable to regulatory waivers that HUD has of Community Planning and Development. waivers of HUD handbook provisions II. Regulatory waivers granted by the Office approved. Each notice must cover the that are not relevant to the purpose of of Housing. quarterly period since the previous this notice. III. Regulatory waivers granted by the Federal Register notice. The purpose of This notice follows procedures Office of Public and Indian Housing. this notice is to comply with the provided in HUD’s Statement of Policy IV. Regulatory waivers granted by the requirements of section 106 of the HUD on Waiver of Regulations and Directives Office of Policy Development and Research. Reform Act. This notice contains a list issued on April 22, 1991 (56 FR 16337). I. Regulatory Waivers Granted by the Office of regulatory waivers granted by HUD This notice covers HUD’s waiver-grant of Community Planning and Development during the quarter beginning on January activity from January 1, 2003, through For further information about the following 1, 2003, and ending on March 31, 2003. March 31, 2003. For ease of reference, waiver actions, please see the name of the FOR FURTHER INFORMATION CONTACT: For the waivers granted by HUD are listed contact person who immediately follows the general information about this notice, description of the waiver granted. by HUD program office (for example, the • contact Aaron Santa Anna, Assistant Office of Community Planning and Regulations: 24 CFR 91.520(a). Project/Activity: Dane County, Wisconsin, General Counsel for Regulations, Room Development, the Office of Housing, the 10276, Department of Housing and requested a waiver of the requirement that Office of Public and Indian Housing, each grantee must submit a performance Urban Development, 451 Seventh Street, etc.). Within each program office report to HUD within 90 days after the close SW., Washington, DC 20410–0500; grouping, the waivers are listed of the grantee’s program year. telephone (202) 708–3055 (this is not a sequentially by the section of title 24 Nature of Requirement: Section 91.520(a) toll-free number). Hearing-or speech- being waived. For example, a waiver- requires each grantee to submit a impaired persons may access this grant action involving the waiver of a performance report to HUD within 90 days number through TTY by calling the toll- provision in 24 CFR part 58 would come after the close of the grantee’s program year. Granted By: Roy A. Bernardi, Assistant free Federal Information Relay Service before a waiver of a provision in 24 CFR at 1–800–877–8339. Secretary for Community Planning and part 570. Development. For information concerning a Where more than one regulatory Date Granted: March 17, 2003. particular waiver action for which provision is involved in the grant of a Reason Waived: It would be a hardship for public notice is provided in this particular waiver request, the action is county staff to complete the Consolidated document, contact the person whose listed under the section number of the Annual Performance and Evaluation Report name and address follow the first regulatory requirement that appears (CAPER) without an additional staff member. description of the waiver granted in the in title 24 of the Code of Federal The county is now in the process of hiring this person. The county is unable to submit accompanying list of waiver-grant Regulations and that is being waived as actions. an accurate and complete report on its 2002 part of the waiver-grant action. For program without the additional time. The SUPPLEMENTARY INFORMATION: Section example, a waiver of both § 58.73 and CAPER provides local residents with 106 of the HUD Reform Act added a § 58.74 would appear sequentially in the information on the county’s new section 7(q) to the Department of listing under § 58.73. accomplishments during the year, and the Housing and Urban Development Act (2 Waiver-grant actions involving the report data goes into a national database used U.S.C. 3535(q)), which provides that: same initial regulatory citation are in for various reporting purposes, including the time sequence beginning with the annual report to Congress. While HUD is 1. Any waiver of a regulation must be desirous of timely reports, it is also interested in writing and must specify the grounds earliest-dated waiver-grant action. in ensuring that the information in CAPERs for approving the waiver; Should HUD receive additional is complete and accurate. Dane County 2. Authority to approve a waiver of a reports of waiver actions taken during received an extension to May 31, 2003, to regulation may be delegated by the the period covered by this report before submit its 2002 CAPER to HUD. Secretary only to an individual of the next report is published, the next Contact: Cornelia Robertson-Terry, Office Assistant Secretary or equivalent rank, updated report will include these earlier of Community Planning and Development, and the person to whom authority to actions, as well as those that occurred Room 7152, Department of Housing and waive is delegated must also have during April 1, 2003, through June 30, Urban Development, 451 Seventh Street, SW., Washington, DC 20410–7000; authority to issue the particular 2003. telephone: (202) 708–2565. regulation to be waived; Accordingly, information about • Regulations: 24 CFR 92.2. 3. Not less than quarterly, the approved waiver requests pertaining to Project/Activity: The city of Baltimore, Secretary must notify the public of all HUD regulations is provided in the Maryland, requested a waiver of the waivers of regulations that HUD has Appendix that follows this notice. definition of ‘‘single room occupancy’’ (SRO)

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housing to permit it to provide HOME funds of that section further states that eligible Section 504 of the Rehabilitation Act of 1973 to rehabilitate and expand a transitional costs for the planning and administration of (Section 504). The waiver will also ensure housing project. the HOME program may be incurred as of the the affordability of the project. HUD required Nature of Requirement: Section 92.2 states beginning of a participating jurisdiction’s IHFA to review and revise its current Section that newly constructed SRO units funded program year, or the date the consolidated 504 monitoring procedures to ensure that all with HOME dollars must contain either food plan describing the HOME allocation to future projects meet these fair housing and preparation or sanitary facilities, while which the costs will be charged is received accessibility requirements. rehabilitated SRO units require neither food by HUD, whichever is later. Contact: Cornelia Robertson-Terry, Office preparation nor sanitary facilities to be Granted By: Roy A. Bernardi, Assistant of Community Planning and Development, located in the unit. Secretary for Community Planning and Room 7152, Department of Housing and Granted By: Roy A. Bernardi, Assistant Development. Urban Development, 451 Seventh Street, Secretary for Community Planning and Date Granted: February 5, 2003. SW., Washington, DC 20410–7000; Development. Reason Waived: The Department telephone: (202) 708–2565. Date Granted: January 15, 2003. determined that there was good cause to • Regulations: 24 CFR 570.208(a)(3). Reason Waived: The Department grant the waiver. Faced with a $60 million Project/Activity: The city of Decatur, determined that there was good cause to deficit, the new mayoral administration of Illinois, requested a waiver of the regulation grant the waiver due to the physical the city of Seattle conducted an extensive which generally requires that all single unit limitations associated with the development review of the city’s budget that resulted in housing structures on property acquired with of the project and the intent of Bright Hope extensive changes to the way in which funds CDBG funds must be occupied by low- and House to provide additional handicapped are allocated within city programs and moderate-income households. The city accessible residential units. The project departments. The budget crisis and requested this waiver to allow it to convey involves a three-story addition to the uncertainty in budget decisions delayed the property it acquired, in part, with CDBG building as well as rehabilitation of the 8,200 completion of the city’s Consolidated Plan funds to the Decatur Housing Authority square foot existing building. This addition and submission to HUD. The delay in (DHA) to be included as part of the will expand the building by 25 percent and submitting the Consolidated Plan precludes revitalization of the Near North area as a create 10 new handicapped-accessible units the city’s ability to incur HOME mixed-income community. and a three-story elevator. Sanitation and administrative and planning costs and Nature of Requirement: Section 570.208 food preparation will remain communal. threatens to impede the management of (a)(3) requires that all single unit housing Contact: Cornelia Robertson-Terry, Office ongoing HOME-eligible activities. The city structures on property acquired with CDBG of Community Planning and Development, proposed a reasonable timeframe for funds must be occupied by low- and moderate-income households. Room 7152, Department of Housing and submitting the Consolidated Plan to HUD. Granted By: Roy A. Bernardi, Assistant Urban Development, 451 Seventh Street, The waiver will permit the city to incur Secretary for Community Planning and SW., Washington, DC 20410–7000; HOME-eligible planning and administrative Development. telephone: (202) 708–2565. expenses effective January 1, 2003, provided Date Granted: March 27, 2003. • Regulations: 24 CFR 92.101(e). the city submits its FY 2003 Consolidated Reason Waived: The methodology used to Plan by the established February 18, 2003, Project/Activity: Waukesha, Wisconsin determine compliance with section 570.208 County Consortium requested a waiver to date. (a)(3) is not required by statute. Therefore, extend its program qualifications period from Contact: Cornelia Robertson-Terry, Office HUD may consider a waiver to permit the use three to five years. of Community Planning and Development, of another methodology to meet the housing Nature of Requirement: Section 92.101(e) Room 7152, Department of Housing and national objective. Based on the information states that a consortium’s qualification as a Urban Development, 451 Seventh Street, provided, the city has demonstrated good unit of general local government continues SW., Washington, DC 20410–7000; cause for this waiver. Although CDBG funds for a period of three consecutive years. The telephone: (202) 708–2565. • represent 14 percent of the total cost, the city rule further states that if a member urban Regulations: 24 CFR 92.214(a)(7) & stated that 35 percent of the single-family county’s three year Community Development 92.502(d). units would be for low- and moderate- Block Grant (CDBG) qualification cycle is not Project/Activity: The Idaho Housing and income households. This will allow the DHA the same as the consortium, the consortium Finance Association (IHFA), Caldwell, Idaho, to further the revitalization of the Near North may elect a shorter qualification period than requested a waiver of the restrictions on area as a mixed-income community with 35 three years to synchronize with the urban providing additional HOME assistance to a percent of the single family housing units county’s qualification period. project more than one year after the and at least 51 percent of the rental units be Granted By: Roy A. Bernardi, Assistant completion of that project. This waiver will occupied by low- and moderate-income Secretary for Community Planning and benefit the Marble Front complex in households upon completion of the project. Development. Caldwell, Idaho. The city must notify HUD if any changes Date Granted: January 17, 2003. Nature of Requirement: The regulation occur in either the financing, number of units Reason Waived: The Department states that providing additional HOME in the project, and/or those occupied by low- determined that there was good cause for assistance to a project during the period of and moderate-income household, since any granting the waiver. The waiver will allow affordability is prohibited, except that changes could nullify this waiver. Finally, Waukesha County to align its CDBG and additional HOME funds may be committed the regulation at § 570.208(a)(3) requires that HOME programs to better coordinate them. up to one year after project completion as rental housing occupied by low- and Contact: Cornelia Robertson-Terry, Office long as the HOME funds committed to the moderate-income households must be at of Community Planning and Development, project do not exceed the maximum per unit affordable rents. Room 7152, Department of Housing and subsidy. Contact: Cornelia Robertson-Terry, Office Urban Development, 451 Seventh Street, Granted By: Roy A. Bernardi, Assistant of Community Planning and Development, SW., Washington, DC 20410–7000; Secretary for Community Planning and Room 7152, Department of Housing and telephone: (202) 708–2565. Development. Urban Development, 451 Seventh Street, • Regulations: 24 CFR 92.212(b). Date Granted: March 27, 2003. SW., Washington, DC 20410–7000; Project/Activity: The city of Seattle, Reason Waived: The Department telephone: (202) 708–2565. Washington, requested a waiver of the determined that there was good cause to • Regulations: 24 CFR 574.330(a). restrictions on pre-award costs to permit the grant the waiver. The waiver will allow IHFA Project/Activity: The Los Angeles Housing city to incur HOME administration and to invest additional HOME funds, not to Authority requested a waiver of the 21 week planning costs prior to the submission of the exceed the maximum per unit subsidy, in the limit on short-term rent, mortgage, and utility city’s Consolidated Plan. Marble Front property. This will bring the assistance for 2,159 individuals reaching Nature of Requirement: Section 92.212(b) property into compliance with HOME their time limitation, so that they may be able states that the submission and approval of a property standards and tenant income to continue to receive such assistance. Consolidated Plan is a requirement for requirements, and meet the Uniform Federal Nature of Requirement: Section receiving a HOME allocation. Paragraph (b) Accessibility Standards as they apply to 574.330(a)(1) states that rent, mortgage, and

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utilities payments to prevent the escrow funds and FHA-insured proceeds for Multifamily Hub to approve a pro-rata homelessness of the tenant or mortgagor of a the subject property. disbursement of front money and mortgage dwelling may not be provided to such an Granted By: John C. Weicher, Assistant proceeds, thereby allowing the mortgagee not individual for these costs accruing over a Secretary for Housing-Federal Housing to pay GNMA extension fees. period of more than 21 weeks in any 52-week Commissioner. Contact: Michael McCullough, Director, period. Section 574.330 (a)(2) states that HUD Date Granted: February 26, 2003. Office of Multifamily Development, may waive, as it determines appropriate, the Reason Waived: The regulation was waived Department of Housing and Urban limitations of paragraph (a)(1) and will since the front money escrow is so large, the Development, 451 Seventh Street, SW., favorably consider a waiver based on the insured proceeds would not be disbursed for Washington, DC 20410–8000; telephone: good faith effort of a project sponsor to 11 or 12 months, resulting in payment of (202) 708–1142. provide housing under subparagraph (c). extension fees to the investors who • Regulation: 24 CFR 203.402(j). Granted By: Roy A. Bernardi, Assistant purchased the GNMA mortgage-backed Project/Activity: Single-family claims Secretary for Community Planning and securities. Providing a waiver of 24 CFR submitted on dwellings in Planned Unit Development. 200.54(a) permitted the Philadelphia Developments (PUDs). Date Granted: January 14, 2003. Multifamily Hub to approve a pro-rata Nature of Requirement: 24 CFR 203.402(j) Reason Waived: The Department reviewed disbursement of front money and mortgage provides that mortgage lenders may include the city’s documented attachment and proceeds, thereby allowing the mortgagee not in their claim, any charges for the determined that the city has satisfied the to pay GNMA extension fees. administration, operation, maintenance, and requirements of the 21-week limitation for Contact: Michael McCullough, Director, repair of community-owned property paid by the individuals. Further, the city’s housing Office of Multifamily Development, the mortgage lender for the purpose of specialists have made a good faith effort to Department of Housing and Urban discharging an obligation arising out of a secure permanent housing for the client’s Development, 451 Seventh Street, SW., covenant filed for record and approved by level of need, but such housing is not Washington, DC 20410–8000; telephone: the Secretary prior to the issuance of the available in the current living environment. (202) 708–1142. mortgage, and charges for certain repairs to Contact: Cornelia Robertson-Terry, Office • Regulation: 24 CFR 200.54(a). the mortgaged property resulting from of Community Planning and Development, Project/Activity: St. Edmunds Meadows, damage or neglect. Room 7152, Department of Housing and Chicago, IL; Project Number: 071–35719. Granted by: John C. Weicher, Assistant Urban Development, 451 Seventh Street, Nature of Requirement: Section 200.54(a) Secretary for Housing-Federal Housing SW., Washington, DC 20410–7000; establishes the procedures for a pro-rata Commissioner. telephone: (202) 708–2565. disbursement of the mortgagor’s front money Date Granted: February 27, 2003. escrow funds and FHA-insured proceeds for Reason Waived: On January 22, 2003, in II. Regulatory Waivers Granted by the Office the subject property. HUD Mortgagee Letter 2003–02, the of Housing Granted By: John C. Weicher, Assistant Department eliminated FHA approval of a For further information about the following Secretary for Housing-Federal Housing PUD as a precondition for placing a FHA waivers actions, please see the name of the Commissioner. mortgage on a dwelling located in the contact person who immediately follows the Date Granted: March 13, 2003. development. This prior approval constituted description of the waiver granted. Reason Waived: The regulation was waived the approval by the Secretary prior to the • Regulation: 24 CFR 200.54(a). since the front money escrow is so large, the issuance of the mortgage, referred to in 24 Project/Activity: Quail Run Apartments, insured proceeds would not be disbursed for CFR 203.402(j). The waiver was granted to Peoria, AZ; Project Number: 123–35370. at least 8–10 months after initial allow mortgage lenders submitting mortgage Nature of Requirement: Section 200.54(a) endorsement, resulting in payment of insurance claims to include expenditures on establishes the procedures for a pro-rata extension fees to the investors who assessments and liens on the mortgaged disbursement of the mortgagor’s front money purchased GNMA mortgage-backed property as the result of charges related to the escrow funds and Federal Housing securities. Providing a waiver of 24 CFR care of community-owned property. Administration (FHA) insured proceeds for 200.54(a) permitted the Chicago Multifamily Otherwise, lenders would be denied such the subject property. Hub to approve a pro-rata disbursement of claims, which would be inconsistent with Granted By: John C. Weicher, Assistant front money and mortgage proceeds, thereby HUD’s insurance payment policy and Secretary for Housing-Federal Housing allowing the mortgagee not to pay GNMA discourage lender participation in FHA Commissioner. extension fees. programs. Date Granted: January 31, 2003. Contact: Michael McCullough, Director, Contact: Vance Morris, Director, Office of Reason Waived: The regulation was waived Office of Multifamily Development, Single Family Program Development, since the front money escrow is so large, the Department of Housing and Urban Department of Housing and Urban insured proceeds would not be disbursed for Development, 451 Seventh Street, SW., Development, 451 Seventh Street, SW., several months, resulting in payment of Washington, DC 20410–8000; telephone: Washington, DC 20410–8000; telephone: extension fees to the investors who (202) 708–1142. (202) 708–2121. purchased the Government National • Regulation: 24 CFR 200.54(a). • Regulation: 24 CFR 291.210(a). Mortgage Association (GNMA) mortgage- Project/Activity: Harold Washington Unity Project/Activity: Teacher-Next-Door Sales backed securities. Providing a waiver of 24 Cooperative, Chicago, IL; Project Number: Program, Nationwide. CFR 200.54(a) permitted the Phoenix 071–32140. Nature of Requirement: 24 CFR 291.210(a) Multifamily Program Center to approve a pro- Nature of Requirement: Section 200.54(a) permits direct sales at deep discounts off the rata disbursement of front money and establishes the procedures for a pro-rata list price of properties sold without mortgage mortgage proceeds, thereby allowing the disbursement of the mortgagor’s front money insurance to governmental entities and mortgagee not to pay GNMA extension fees. escrow funds and FHA-insured proceeds for private nonprofit organizations for use in Contact: Michael McCullough, Director, the subject property. HUD and local housing or homeless Office of Multifamily Development, Granted By: John C. Weicher, Assistant programs. Department of Housing and Urban Secretary for Housing-Federal Housing Granted by: John C. Weicher, Assistant Development, 451 Seventh Street, SW., Commissioner. Secretary for Housing-Federal Housing Washington, DC 20410–8000; telephone: Date Granted: March 13, 2003. Commissioner. (202) 708–1142. Reason Waived: The regulation was waived Date Granted: March 6, 2003. • Regulation: 24 CFR 200.54(a). since the front money escrow is so large, the Reason Waived: The Teacher-Next-Door Project/Activity: H.J. Heinz Lofts, insured proceeds would not be disbursed for Initiative gives teachers the opportunity to Pittsburgh, Allegheny County Project at least 6–8 months after initial endorsement, live and work in communities where they are Number: 033–35246. resulting in payment of extension fees to the most needed. The integration of teachers, Nature of Requirement: Section 200.54(a) investors who purchased GNMA mortgage- who are role models and mentors, into a establishes the procedures for a pro-rata backed securities. Providing a waiver of 24 community enhances the community’s disbursement of the mortgagor’s front money CFR 200.54(a) permitted the Chicago quality of life. To date the Teacher-Next-Door

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Initiative has enabled HUD to dispose of FHA No. Project name State FHA No. Project name State approximately 2,500 properties from its inventory resulting in homeownership for an 01735184 Abbott Towers/Enter- CT 05635132 Miramar Housing ...... PR equivalent number of qualified buyers and prise Apts.. 05435466 The Carolina ...... SC increasing owner-occupant single-family 04535148 Adams Landing ...... WV households in revitalization areas. This 01257144 Albert Goodman Plaza NY Nature of Requirement: Section 401.600 waiver will continue to make properties 07235081 Bissel Apartments ...... IL requires that projects be marked down to available to teachers with discounts. 01257141 Bruckner Houses ...... NY market rents within 12 months of their first Contact: Joseph McCloskey, Director, 04235342 Bucyrus Plaza ...... OH expiration date after January 1, 1998. The Office of Single Family Asset Management, 07335375 Country Apts. IN intent of this provision is to ensure timely Department of Housing and Urban (Brownstown Apts.). processing of requests for restructuring and Development, 451 Seventh Street, SW., 08535277 Flat River Apartments .. MO that the properties will not default on their Washington, DC 20410–7000; telephone: 01257088 Greene Park Arms ...... NY FHA-insured mortgages during the (202) 708–1672. 01235410 John Crawford Snr. Cit- NY restructuring process. • Regulation: 24 CFR 401.600. izen Housing. Granted By: John C. Weicher, Assistant Project/Activity: The following projects 04235365 Lake Avenue Com- OH Secretary for Housing-Federal Housing mons. requested waivers to the 12-month limit at Commissioner. 06235304 Medical Center Terrace AL above-market rents (24 CFR 491.600): Date Granted: March 20, 2003. 01257158 Monterey Gardens ...... NY Reason Waived: The projects listed above 11535194 Nolan Terrace ...... TX were not assigned to the participating FHA No. Project name State 08335321 Osage Estates ...... KY administrative entities (PAEs) in a timely 03235022 Prestwyck Apts...... DE manner or for which the restructuring 08435189 Branson Manor ...... MO 01257148 The Gateways NY analysis was unavoidably delayed due to no 02335206 Chateau Apartments .... MA (Greenport Apts.). fault of the owner. 10135316 Cottonwood Apart- CO 02335253 Villa Nueva Vista ...... MA Contact: Norman Dailey, Office of ments. 04235313 William E. Fowler, Sr. OH Multifamily Housing Assistance 07335381 Crossings I ...... IN Apts. II. Restructuring, Department of Housing and 06435206 Cypress Garden Apart- LA 01335097 Woodsboro Apartments NY Urban Development, Portals Building, Suite ments. 400, 1280 Maryland Avenue, SW., 05335366 Duplin County Housing NC Nature of Requirement: Section 401.600 Washington, DC 20410–8000; telephone: 06235566 Elmwood Apartments .. AL requires that projects be marked down to (202) 708–3856. 04335275 Greenfield Meadows .... OH market rents within 12 months of their first • Regulation: 24 CFR 883.606(b). 08335267 Lakeland Wesley Vil- KY expiration date after January 1, 1998. The Project/Activity: Pennsylvania Housing lage I. intent of this provision is to ensure timely Finance Agency. 01235452 Morrisania IV ...... NY processing of requests for restructuring and Nature of Requirement: Section 883.606(b) 04235301 Newman Highland OH that the properties will not default on their prohibits the collection of an override and a Square. FHA-insured mortgages during the Housing Assistance Payments Contract 11735191 Rolling Green Apart- OK restructuring process. administration fee in connection with the ments. Granted By: John C. Weicher, Assistant same project. 04235331 Shaker Boulevard Gar- OH Secretary for Housing-Federal Housing Granted By: John C. Weicher, Assistant dens. Commissioner. Secretary for Housing-Federal Housing 08335338 Vernon Manor Apart- KY Date Granted: February 19, 2003. Commissioner. ments. Reason Waived: The projects listed above Date Granted: February 28, 2003. 04235266 Westview Apartments .. OH were not assigned to the participating Reason Waived: HUD requested the administrative entities (PAEs) in a timely Pennsylvania Housing Authority’s assistance Nature of Requirement: Section 401.600 manner or for which the restructuring in responding to a finding made by the requires that projects be marked down to analysis was unavoidably delayed due to no General Accounting Office that HUD, in market rents within 12 months of their first fault of the owner. approving bond refunding proposals expiration date after January 1, 1998. The Contact: Norman Dailey, Office of submitted by state housing finance agencies intent of this provision is to ensure timely Multifamily Housing Assistance in the early 1990s, did not enforce a processing of requests for restructuring and Restructuring, Department of Housing and regulatory prohibition of collection of both that the properties will not default on their Urban Development, Portals Building, Suite contract administration fees and bond yield override in connection with the same project FHA-insured mortgages during the 400, 1280 Maryland Avenue, SW., Washington, DC 20410–8000; telephone: (24 CFR part 883, section 883.606(b)) and restructuring process. (202) 708–3856. neglected to issue formal waivers at the time Granted By: John C. Weicher, Assistant • Regulation: 24 CFR 401.600. of approval. HUD proposed to correct this Secretary for Housing-Federal Housing Project/Activity: The following projects oversight by providing an opportunity to Commissioner. requested waivers to the 12-month limit at agencies in violation of this rule to request Date Granted: January 16, 2003. above-market rents (24 CFR 491.600): and justify formal waivers. The Pennsylvania Reason Waived: The projects listed above Housing Authority submitted an application were not assigned to the participating FHA No. Project name State dated January 31, 2001, in connection with administrative entities (PAEs) in a timely its refunding in 1990 of three series of bonds manner or for which the restructuring 04644122 Alms Hill Apartments ... OH issued in 1982 which financed construction analysis was unavoidably delayed due to no 03335087 Cider Mill Apartments .. PA of 32 section 8 assisted projects which fault of the owner. 03435185 Cobbs Creek NSA ...... PA received a Financing Adjustment Factor. Contact: Norman Dailey, Office of 06235333 Crossgates Apartments AL HUD finds that the uses of the revenues are Multifamily Housing Assistance 06735253 Crystalwood Apart- FL consistent with the objectives of the Restructuring, Department of Housing and ments. McKinney Act bond refunding program and Urban Development, Portals Building, Suite 06535574 Earnestine McNease MS would be impractical to upset the security 400, 1280 Maryland Avenue, SW., Apartments. arrangements that were relied upon by rating Washington, DC 20410–8000; telephone: 05411049 Forest Villa Apartments SC agencies, bond underwriters, and investors in (202) 708–3856. 06535575 Goodhaven Manor MS the marketing of bonds. Therefore, it would • Regulation: 24 CFR 401.600. Apartments. be unreasonable to enforce the regulation Project/Activity: The following projects 04335176 Hillside Apartments ...... OH retroactively. requested waivers to the 12-month limit at 01257211 Kingsbridge Decatur NY Contact: Beverly J. Miller, Director, Office above-market rents (24 CFR 491.600): Phase 1. of Asset Management, Department of

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Housing and Urban Development, 451 Nature of Requirement: Section 891.100(d) Date Granted: January 15, 2003. Seventh Street, SW., Room 6160, prohibits amendment of the amount of Reason Waived: The sponsor exhausted all Washington, DC 20410–8000; telephone: approved capital advance funds prior to efforts to obtain additional funding. The (202) 708–3730. initial closing. project is economically designed and is • Regulation: 24 CFR 891.100(d). Granted By: John C. Weicher, Assistant comparable in cost to similar projects Project/Activity: Burnside Station, Secretary for Housing-Federal Housing developed in the area. Portland, OR; Project Number: 126–HD031/ Commissioner. Contact: Willie Spearmon, Director, Office OR16–Q011–002. Date Granted: January 7, 2003. of Housing Assistance and Grant Nature of Requirement: Section 891.100(d) Reason Waived: The sponsor exhausted all Administration, Department of Housing and prohibits amendment of the amount of efforts to obtain additional funding. The costs Urban Development, 451 Seventh Street, approved capital advance funds prior to of construction and Davis Bacon wages have SW., Washington, DC 20410–8000; initial closing. increased considerably. The project is telephone: (202) 708–3000. Granted By: John C. Weicher, Assistant economically designed and is comparable in • Regulation: 24 CFR 891.100(d). Secretary for Housing-Federal Housing cost to similar projects developed in the area. Project/Activity: Shenango Presbyterian Commissioner. Contact: Willie Spearmon, Director, Office Senior Housing, McKeesport, PA; Project Date Granted: January 7, 2003. of Housing Assistance and Grant Number: 033–EE084/PA28–S961–011. Reason Waived: The sponsor exhausted all Administration, Department of Housing and Nature of Requirement: Section 891.100(d) efforts to obtain additional funding. The Urban Development, 451 Seventh Street, prohibits amendment of the amount of project is economically designed and is SW., Washington, DC 20410–8000; approved capital advance funds prior to comparable in cost to similar projects telephone: (202) 708–3000. initial closing. developed in the area. • Regulation: 24 CFR 891.100(d). Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office Project/Activity: La Playa Apartments, San Secretary for Housing-Federal Housing of Housing Assistance and Grant Francisco, CA; Project Number: 121–HD065/ Commissioner. Administration, Department of Housing and CA39–Q981–002. Date Granted: February 13, 2003. Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.100(d) Reason Waived: The sponsor exhausted all SW., Washington, DC 20410–8000; prohibits amendment of the amount of efforts to obtain additional funding. The telephone: (202) 708–3000. approved capital advance funds prior to project is economically designed and is • Regulation: 24 CFR 891.100(d). initial closing. comparable in cost to similar projects Project/Activity: Holiday Heights VOA Granted By: John C. Weicher, Assistant developed in the area. Living Center, Bradenton, FL; Project Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office Number: 067–HD079/FL29–Q001–004. Commissioner. of Housing Assistance and Grant Nature of Requirement: Section 891.100(d) Date Granted: January 10, 2003. Administration, Department of Housing and prohibits amendment of the amount of Reason Waived: The sponsor exhausted all Urban Development, 451 Seventh Street, approved capital advance funds prior to efforts to obtain additional funding. The SW., Washington, DC 20410–8000; initial closing. project is economically designed and is telephone: (202) 708–3000. Granted By: John C. Weicher, Assistant comparable in cost to similar projects • Regulation: 24 CFR 891.100(d). Secretary for Housing-Federal Housing developed in the area. Project/Activity: Yakubian Homes, Alton, Commissioner. Contact: Willie Spearmon, Director, Office IL; Project Number: 072–HD110/IL06–Q991– Date Granted: January 7, 2003. of Housing Assistance and Grant 007. Reason Waived: The sponsor exhausted all Administration, Department of Housing and Nature of Requirement: Section 891.100(d) efforts to obtain additional funding. The Urban Development, 451 Seventh Street, prohibits amendment of the amount of project is economically designed and is SW., Washington, DC 20410–8000; approved capital advance funds prior to comparable in cost to similar projects telephone: (202) 708–3000. initial closing. developed in the area. • Regulation: 24 CFR 891.100(d). Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office Project/Activity: ASI-Jackson County, Secretary for Housing-Federal Housing of Housing Assistance and Grant Medford, OR; Project Number: 126–HD028/ Commissioner. Administration, Department of Housing and OR16–Q991–002. Date Granted: February 26, 2003. Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.100(d) Reason Waived: The sponsor exhausted all SW., Washington, DC 20410–8000; prohibits amendment of the amount of efforts to obtain additional funding. The telephone: (202) 708–3000. approved capital advance funds prior to project is economically designed and is • Regulation: 24 CFR 891.100(d). initial closing. comparable in cost to similar projects Project/Activity: 128th Place, St. Granted By: John C. Weicher, Assistant developed in the area. Petersburg, FL; Project Number: 067–HD085/ Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office FL29–Q011–005. Commissioner. of Housing Assistance and Grant Nature of Requirement: Section 891.100(d) Date Granted: January 10, 2003. Administration, Department of Housing and prohibits amendment of the amount of Reason Waived: The sponsor exhausted all Urban Development, 451 Seventh Street, approved capital advance funds prior to efforts to obtain additional funding. The SW., Washington, DC 20410–8000; initial closing. project is economically designed and is telephone: (202) 708–3000. Granted By: John C. Weicher, Assistant comparable in cost to similar projects • Regulation: 24 CFR 891.100(d). Secretary for Housing-Federal Housing developed in the area. Project/Activity: The Center on Halsted, Commissioner. Contact: Willie Spearmon, Director, Office Chicago, IL; Project Number: 071–HD122/ Date Granted: January 7, 2003. of Housing Assistance and Grant IL06–Q011–002. Reason Waived: The sponsor exhausted all Administration, Department of Housing and Nature of Requirement: Section 891.100(d) efforts to obtain additional funding. The Urban Development, 451 Seventh Street, prohibits amendment of the amount of project is economically designed and is SW., Washington, DC 20410–8000; approved capital advance funds prior to comparable in cost to similar projects telephone: (202) 708–3000. initial closing. developed in the area. • Regulation: 24 CFR 891.100(d). Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office Project/Activity: St. Peter Claver Courts, Secretary for Housing-Federal Housing of Housing Assistance and Grant Robbins, IL; Project Number: 071–EE152/ Commissioner. Administration, Department of Housing and IL06–S991–011. Date Granted: February 26, 2003. Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.100(d) Reason Waived: The sponsor exhausted all SW., Washington, DC 20410–8000; prohibits amendment of the amount of efforts to obtain additional funding. The telephone: (202) 708–3000. approved capital advance funds prior to project is economically designed and is • Regulation: 24 CFR 891.100(d). initial closing. comparable in cost to similar projects Project/Activity: Montbello VOA Elderly Granted By: John C. Weicher, Assistant developed in the area. Housing, Denver, CO; Project Number: 101– Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office EE049/CO99–S001–001. Commissioner. of Housing Assistance and Grant

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Administration, Department of Housing and Project/Activity: International Hotel Senior Nature of Requirement: Section 891.100(d) Urban Development, 451 Seventh Street, Housing, San Francisco, CA; Project Number: prohibits amendment of the amount of SW., Washington, DC 20410–8000; 121–EE059/CA39–S941–011. approved capital advance funds prior to telephone: (202) 708–3000. Nature of Requirement: Section 891.100(d) initial closing. • Regulation: 24 CFR 891.100(d). prohibits amendment of the amount of Granted By: John C. Weicher, Assistant Project/Activity: Heritage Field I, Decatur, approved capital advance funds prior to Secretary for Housing-Federal Housing IL; Project Number: 072–HD116/IL06–Q011– initial closing. Commissioner. 003. Granted By: John C. Weicher, Assistant Date Granted: March 31, 2003. Nature of Requirement: Section 891.100(d) Secretary for Housing-Federal Housing Reason Waived: The sponsor exhausted all prohibits amendment of the amount of Commissioner. efforts to obtain additional funding. The approved capital advance funds prior to Date Granted: March 20, 2003. project is economically designed and is initial closing. Reason Waived: The sponsor exhausted all comparable in cost to similar projects Granted By: John C. Weicher, Assistant efforts to obtain additional funding. The developed in the area. Secretary for Housing-Federal Housing project is economically designed and is Contact: Willie Spearmon, Director, Office comparable in cost to similar projects Commissioner. of Housing Assistance and Grant developed in the area. Construction costs for Date Granted: February 26, 2003. Administration, Department of Housing and the project are higher than typical for a Reason Waived: The sponsor exhausted all Urban Development, 451 Seventh Street, modestly designed project because the design SW., Washington, DC 20410–8000; efforts to obtain additional funding. The is a combination of historic preservation project is economically designed and is telephone: (202) 708–3000. issues and urban design objectives of the city • Regulation: 24 CFR 891.100(d) and 24 comparable in cost to similar projects and county of San Francisco. developed in the area. CFR 891.165. Contact: Willie Spearmon, Director, Office Project/Activity: Fort Collins Volunteers of Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant America (VOA) Elderly Housing, Fort of Housing Assistance and Grant Administration, Department of Housing and Collins, CO; Project Number: 101–EE045/ Administration, Department of Housing and Urban Development, 451 Seventh Street, CO99–S991–001. Urban Development, 451 Seventh Street, SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.100(d) SW., Washington, DC 20410–8000; telephone: (202) 708–3000. prohibits amendment of the amount of telephone: (202) 708–3000. • Regulation: 24 CFR 891.100(d). approved capital advance funds prior to • Regulation: 24 CFR 891.100(d). Project/Activity: Simpson Mid-Town initial closing. Section 891.165 provides that Project/Activity: McMillon Adventist Apartments, Philadelphia, PA; Project the duration of the fund reservation of the Estates, Birmingham, AL; Project Number: Number 034–EE107/PA26–S001–007. capital advance is 18 months from the date Nature of Requirement: Section 891.100(d) 062–EE052/AL09–S011–005. of issuance with limited exceptions up to 24 prohibits amendment of the amount of Nature of Requirement: Section 891.100(d) months, as approved by HUD on a case-by- approved capital advance funds prior to prohibits amendment of the amount of case basis. initial closing. approved capital advance funds prior to Granted By: John C. Weicher, Assistant Granted By: John C. Weicher, Assistant initial closing. Secretary for Housing-Federal Housing Granted By: John C. Weicher, Assistant Secretary for Housing-Federal Housing Commissioner. Commissioner. Secretary for Housing-Federal Housing Date Granted: January 7, 2003. Commissioner. Date Granted: March 24, 2003. Reason Waived: The sponsor exhausted all Reason Waived: The sponsor exhausted all Date Granted: March 14, 2003. efforts to obtain additional funding. The Reason Waived: The sponsor exhausted all efforts to obtain additional funding. The project is economically designed and is project is economically designed and is efforts to obtain additional funding. The comparable in cost to similar projects project is economically designed and is comparable in cost to similar projects developed in the area. developed in the area. The project comparable in cost to similar projects experienced delays due to the need to developed in the area. Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant redesign the project as a result of significant Contact: Willie Spearmon, Director, Office increases in the costs of construction and of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, Davis Bacon wages. Administration, Department of Housing and Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, SW., Washington, DC 20410–8000; telephone: (202) 708–3000. of Housing Assistance and Grant SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.100(d). Administration, Department of Housing and telephone: (202) 708–3000. Project/Activity: Nashville Supportive Urban Development, 451 Seventh Street, • Regulation: 24 CFR 891.100(d). Housing, Nashville-Davidson, TN; Project SW., Washington, DC 20410–8000; Project/Activity: South Daytona Beach Number: 086–HD016/TN43–Q971–001. telephone: (202) 708–3000. Good Samaritan Housing, Inc., South • Nature of Requirement: Section 891.100(d) Regulation: 24 CFR 891.100(d) and 24 Daytona Beach, FL; Project Number: 067– prohibits amendment of the amount of CFR 891.165. EE111/FL29–S001–011. approved capital advance funds prior to Project/Activity: Oak Springs Villas, Nature of Requirement: Section 891.100(d) initial closing. Austin, TX; Project Number: 115–EE059/ prohibits amendment of the amount of Granted By: John C. Weicher, Assistant TX59–S001–003. approved capital advance funds prior to Secretary for Housing-Federal Housing Nature of Requirement: Section 891.100(d) initial closing. Commissioner. prohibits amendment of the amount of Granted By: John C. Weicher, Assistant Date Granted: March 25, 2003. approved capital advance funds prior to Secretary for Housing-Federal Housing Reason Waived: The sponsor will initial closing. Section 891.165 provides that Commissioner. contribute $11,000 toward the shortfall. The the duration of the fund reservation of the Date Granted: March 14, 2003. project is economically designed and is capital advance is 18 months from the date Reason Waived: The sponsor exhausted all comparable in cost to similar projects of issuance with limited exceptions up to 24 efforts to obtain additional funding. The developed in the area. months, as approved by HUD on a case-by- project is economically designed and is Contact: Willie Spearmon, Director, Office case basis. comparable in cost to similar projects of Housing Assistance and Grant Granted By: John C. Weicher, Assistant developed in the area. Administration, Department of Housing and Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, Commissioner. of Housing Assistance and Grant SW., Washington, DC 20410–8000; Date Granted: January 7, 2003. Administration, Department of Housing and telephone: (202) 708–3000. Reason Waived: The sponsor exhausted all Urban Development, 451 Seventh Street, • Regulation: 24 CFR 891.100(d). efforts to obtain additional funding. The SW., Washington, DC 20410–8000; Project/Activity: Villa Seton, Inc., Port St. project is economically designed and is telephone: (202) 708–3000. Lucie, FL; Project Number: 067–EE107/FL29– comparable in cost to similar projects • Regulation: 24 CFR 891.100(d). S001–005. developed in the area. Delays were due to the

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need to have the land surveyed, platted, and Nature of Requirement: Section 891.100(d) Contact: Willie Spearmon, Director, Office rezoned. prohibits amendment of the amount of of Housing Assistance and Grant Contact: Willie Spearmon, Director, Office approved capital advance funds prior to Administration, Department of Housing and of Housing Assistance and Grant initial closing. Section 891.165 provides that Urban Development, 451 Seventh Street, Administration, Department of Housing and the duration of the fund reservation of the SW., Washington, DC 20410–8000; Urban Development, 451 Seventh Street, capital advance is 18 months from the date telephone: (202) 708–3000. SW., Washington, DC 20410–8000; of issuance with limited exceptions up to 24 • Regulation: 24 CFR 891.165. telephone: (202) 708–3000. months, as approved by HUD on a case-by- Project/Activity: Venable Apartments at • Regulation: 24 CFR 891.100(d) and 24 case basis. Stadium Place, Baltimore, MD; Project CFR 891.165. Granted By: John C. Weicher, Assistant Number: 052–EE036/MD06–S001–002. Project/Activity: Shenango Presbyterian Secretary for Housing-Federal Housing Nature of Requirement: Section 891.165 Senior Housing, McKeesport, PA; Project Commissioner. provides that the duration of the fund Number: 033–EE084/PA28–S961–001. Date Granted: March 14, 2003. reservation for the capital advance is 18 Nature of Requirement: Section 891.100(d) Reason Waived: The sponsor exhausted all months from the date of issuance with prohibits amendment of the amount of efforts to obtain additional funding. The limited exceptions up to 24 months, as approved capital advance funds prior to project is economically designed and is approved by HUD on a case-by-case basis. initial closing. Section 891.165 provides that comparable in cost to similar projects Granted By: John C. Weicher, Assistant the duration of the fund reservation of the developed in the area. Additional time was Secretary for Housing-Federal Housing capital advance is 18 months from the date needed to identify additional funds and to Commissioner. of issuance with limited exceptions up to 24 make design changes. Date Granted: January 7, 2003. months, as approved by HUD on a case-by- Contact: Willie Spearmon, Director, Office Reason Waived: Additional time was case basis. of Housing Assistance and Grant needed to review the secondary financing Granted By: John C. Weicher, Assistant Administration, Department of Housing and documents and for the project to reach initial Secretary for Housing-Federal Housing Urban Development, 451 Seventh Street, closing. Commissioner. SW., Washington, DC 20410–8000; Contact: Willie Spearmon, Director, Office Date Granted: January 7, 2003. telephone: (202) 708–3000. of Housing Assistance and Grant Reason Waived: The sponsor exhausted all • Regulation: 24 CFR 891.100(d) and 24 Administration, Department of Housing and efforts to obtain additional funding. The CFR 891.165. Urban Development, 451 Seventh Street, project is economically designed and is Project/Activity: Albuquerque VOA Elderly SW., Washington, DC 20410–8000; comparable in cost to similar projects Housing, Project Number: 116–EE022/NM16– telephone: (202) 708–3000. developed in the area. The sponsor needed S001–003. • Regulation: 24 CFR 891.165. additional time to secure another site and Nature of Requirement: Section 891.100(d) Project/Activity: AHEPA 410, Incorporated, obtain additional funds from outside sources. prohibits amendment of the amount of Daytona Beach, FL; Project Number: 067– Contact: Willie Spearmon, Director, Office approved capital advance funds prior to EE110/FL29–S001–009. of Housing Assistance and Grant initial closing. Section 891.165 provides that Nature of Requirement: Section 891.165 Administration, Department of Housing and the duration of the fund reservation of the provides that the duration of the fund Urban Development, 451 Seventh Street, capital advance is 18 months from the date reservation for the capital advance is 18 SW., Washington, DC 20410–8000; of issuance with limited exceptions up to 24 months from the date of issuance with telephone: (202) 708–3000. months, as approved by HUD on a case-by- limited exceptions up to 24 months, as • Regulation: 24 CFR 891.100(d) and 24 case basis. approved by HUD on a case-by-case basis. CFR 891.165. Granted By: John C. Weicher, Assistant Granted By: John C. Weicher, Assistant Project/Activity: New Life Homes II, Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing Albuquerque, NM; Project Number: 116– Commissioner. Commissioner. HD015/NM16–Q001–001. Date Granted: March 20, 2003. Date Granted: January 7, 2003. Nature of Requirement: Section 891.100(d) Reason Waived: The sponsor exhausted all Reason Waived: HUD needed additional prohibits amendment of the amount of efforts to obtain additional funding. The time to process the revised Firm approved capital advance funds prior to project is economically designed and is Commitment application and for the project initial closing. Section 891.165 provides that comparable in cost to similar projects to reach initial closing. the duration of the fund reservation of the developed in the area. HUD needed Contact: Willie Spearmon, Director, Office capital advance is 18 months from the date additional time to issue the Firm of Housing Assistance and Grant of issuance with limited exceptions up to 24 Commitment and to review the initial closing Administration, Department of Housing and months, as approved by HUD on a case-by- documents. Urban Development, 451 Seventh Street, case basis. Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; Granted By: John C. Weicher, Assistant of Housing Assistance and Grant telephone: (202) 708–3000. Secretary for Housing-Federal Housing Administration, Department of Housing and • Regulation: 24 CFR 891.165. Commissioner. Urban Development, 451 Seventh Street, Project/Activity: AHEPA 23—III Date Granted: March 4, 2003. SW., Washington, DC 20410–8000; Apartments, Montgomery, AL; Project Reason Waived: The sponsor exhausted all telephone: (202) 708–3000. Number: 062–EE046/AL09–S001–002. efforts to obtain additional funding. The • Regulation: 24 CFR 891.165. Nature of Requirement: Section 891.165 project is economically designed and is Project/Activity: Las Golondrinas, San Jose, provides that the duration of the fund comparable in cost to similar projects CA; Project Number: 121–EE138/CA39– reservation for the capital advance is 18 developed in the area. Additional time was S001–009. months from the date of issuance with needed for HUD to process the firm Nature of Requirement: Section 891.165 limited exceptions up to 24 months, as commitment, and the sponsor to prepare and provides that the duration of the fund approved by HUD on a case-by-case basis. submit the closing package. reservation for the capital advance is 18 Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office months from the date of issuance with Secretary for Housing-Federal Housing of Housing Assistance and Grant limited exceptions up to 24 months, as Commissioner. Administration, Department of Housing and approved by HUD on a case-by-case basis. Date Granted: January 7, 2003. Urban Development, 451 Seventh Street, Granted By: John C. Weicher, Assistant Reason Waived: The project experienced SW., Washington, DC 20410–8000; Secretary for Housing-Federal Housing delays while the sponsor attempted to obtain telephone: (202) 708–3000. Commissioner. secondary financing in order to meet funding • Regulation: 24 CFR 891.100(d) and 24 Date Granted: January 7, 2003. shortfalls. CFR 891.165. Reason Waived: Additional time was Contact: Willie Spearmon, Director, Office Project/Activity: Tremont Terrace, Fort needed for the City Council to approve the of Housing Assistance and Grant Worth, TX; Project Number: 113–HD018/ secondary financing commitment by the city Administration, Department of Housing and TX21–Q001–001. of San Jose. Urban Development, 451 Seventh Street,

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SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 reservation for the capital advance is 18 telephone: (202) 708–3000. provides that the duration of the fund months from the date of issuance with • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 limited exceptions up to 24 months, as Project/Activity: South Daytona Good months from the date of issuance with approved by HUD on a case-by-case basis. Samaritan Housing, South Daytona Beach, limited exceptions up to 24 months, as Granted By: John C. Weicher, Assistant FL; Project Number: 067–EE111/FL29–S001– approved by HUD on a case-by-case basis. Secretary for Housing-Federal Housing 011. Granted By: John C. Weicher, Assistant Commissioner. Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Date Granted: January 10, 2003. provides that the duration of the fund Commissioner. Reason Waived: Delays were experienced reservation for the capital advance is 18 Date Granted: January 10, 2003. by the project while the owner prepared the months from the date of issuance with Reason Waived: The owner needed closing documents. limited exceptions up to 24 months, as additional time to complete site negotiations, Contact: Willie Spearmon, Director, Office approved by HUD on a case-by-case basis. and for the city to review and approve the of Housing Assistance and Grant Granted By: John C. Weicher, Assistant final plat process. The engineers needed Administration, Department of Housing and Secretary for Housing-Federal Housing additional time to complete the land Urban Development, 451 Seventh Street, Commissioner. disturbance plan and drainage study, which SW., Washington, DC 20410–8000; Date Granted: January 7, 2003. delayed the architect’s completion of the telephone: (202) 708–3000. Reason Waived: Delays were experienced drawings. • Regulation: 24 CFR 891.165. by the project while the sponsor attempted to Contact: Willie Spearmon, Director, Office Project/Activity: Meadow Park, Sarasota, obtain secondary financing and to redesign of Housing Assistance and Grant FL; Project Number: 067–EE106/FL29–S001– the project. Administration, Department of Housing and 001. Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.165 of Housing Assistance and Grant SW., Washington, DC 20410–8000; provides that the duration of the fund Administration, Department of Housing and telephone: (202) 708–3000. reservation for the capital advance is 18 Urban Development, 451 Seventh Street, • Regulation: 24 CFR 891.165. months from the date of issuance with SW., Washington, DC 20410–8000; Project/Activity: Delran Consumer Home, limited exceptions up to 24 months, as telephone: (202) 708–3000. • Delran, NJ; Project Number: 035–HD046/ approved by HUD on a case-by-case basis. Regulation: 24 CFR 891.165. NJ39–Q001–015. Granted By: John C. Weicher, Assistant Project/Activity: Ottawa River Estates, Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Toledo, OH; Project Number: 042–HD072/ provides that the duration of the fund Commissioner. OH12–Q971–004. reservation for the capital advance is 18 Date Granted: January 10, 2003. Nature of Requirement: Section 891.165 months from the date of issuance with Reason Waived: Additional time was provides that the duration of the fund limited exceptions up to 24 months, as needed for the owner to revise the firm reservation for the capital advance is 18 approved by HUD on a case-by-case basis. commitment application and for HUD to months from the date of issuance with Granted By: John C. Weicher, Assistant reprocess the documents. limited exceptions up to 24 months, as Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office approved by HUD on a case-by-case basis. Granted By: John C. Weicher, Assistant Commissioner. of Housing Assistance and Grant Secretary for Housing-Federal Housing Date Granted: January 20, 2003. Administration, Department of Housing and Commissioner. Reason Waived: Delays were incurred by Urban Development, 451 Seventh Street, Date Granted: January 7, 2003. the project while the sponsor obtained SW., Washington, DC 20410–8000; control of another site. telephone: (202) 708–3000. Reason Waived: The sponsor is currently • tied up in litigation concerning the sale of the Contact: Willie Spearmon, Director, Office Regulation: 24 CFR 891.165. land designated for the project. of Housing Assistance and Grant Project/Activity: Ridgeview Terrace II, Contact: Willie Spearmon, Director, Office Administration, Department of Housing and Ashtabula, OH; Project Number: 042–HD084/ of Housing Assistance and Grant Urban Development, 451 Seventh Street, OH12–Q991–005. Administration, Department of Housing and SW., Washington, DC 20410–8000; Nature Of Requirement: Section 891.165 Urban Development, 451 Seventh Street, telephone: (202) 708–3000. provides that the duration of the fund • SW., Washington, DC 20410–8000; Regulation: 24 CFR 891.165. reservation for the capital advance is 18 telephone: (202) 708–3000. Project/Activity: Holiday Heights VOA months from the date of issuance with • Regulation: 24 CFR 891.165. Living Center, Bradenton, FL; Project limited exceptions up to 24 months, as Project/Activity: Melvin T. Walls Manor, Number: 067–HD079/FL29–Q001–004. approved by HUD on a case-by-case basis. Ypsilanti, MI; Project Number: 044–EE070/ Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant MI23–S000–003. provides that the duration of the fund Secretary for Housing-Federal Housing Nature of Requirement: Section 891.165 reservation for the capital advance is 18 Commissioner. provides that the duration of the fund months from the date of issuance with Date Granted: January 10, 2003. reservation for the capital advance is 18 limited exceptions up to 24 months, as Reason Waived: The project experienced months from the date of issuance with approved by HUD on a case-by-case basis. delays due to community opposition. limited exceptions up to 24 months, as Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office approved by HUD on a case-by-case basis. Secretary for Housing-Federal Housing of Housing Assistance and Grant Granted By: John C. Weicher, Assistant Commissioner. Administration, Department of Housing and Secretary for Housing-Federal Housing Date Granted: January 10, 2003. Urban Development, 451 Seventh Street, Commissioner. Reason Waived: Delays were experienced SW., Washington, DC 20410–8000; Date Granted: January 7, 2003. by the project while the sponsor attempted to telephone: (202) 708–3000. Reason Waived: The owner needed acquire secondary financing. • Regulation: 24 CFR 891.165. additional time to obtain funds from other Contact: Willie Spearmon, Director, Office Project/Activity: NBA Dogwood Plaza, sources and to redesign the project. of Housing Assistance and Grant Boise, ID; Project Number: 124–EE020/ID16– Contact: Willie Spearmon, Director, Office Administration, Department of Housing and S001–002. of Housing Assistance and Grant Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.165 Administration, Department of Housing and SW., Washington, DC 20410–8000; provides that the duration of the fund Urban Development, 451 Seventh Street, telephone: (202) 708–3000. reservation for the capital advance is 18 SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. months from the date of issuance with telephone: (202) 708–3000. Project/Activity: AHEPA 489 Apartments, limited exceptions up to 24 months, as • Regulation: 24 CFR 891.165. New Port Richey, FL; Project Number: 067– approved by HUD on a case-by-case basis. Project/Activity: Concerned Care, EE109/FL29–S001–007. Granted By: John C. Weicher, Assistant Incorporated, Kansas City, MO; Project Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Number: 084–HD033/MO16–Q001–001. provides that the duration of the fund Commissioner.

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Date Granted: January 10, 2003. Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, Reason Waived: The project experienced of Housing Assistance and Grant SW., Washington, DC 20410–8000; delays while the sponsor located another site Administration, Department of Housing and telephone: (202) 708–3000. since the purchase price of the original site Urban Development, 451 Seventh Street, • Regulation: 24 CFR 891.165. exceeded its appraised value. SW., Washington, DC 20410–8000; Project/Activity: Community Options Contact: Willie Spearmon, Director, Office telephone: (202) 708–3000. Middlesex, Old Bridge, NJ; Project Number: of Housing Assistance and Grant • Regulation: 24 CFR 891.165. 031–HD111/NJ39–Q001–002. Administration, Department of Housing and Project/Activity: Congress Street Nature of Requirement: Section 891.165 Urban Development, 451 Seventh Street, Apartments, New Port Richey, FL; Project provides that the duration of the fund SW., Washington, DC 20410–8000; Number: 067–HD077/FL29–Q001–001. reservation for the capital advance is 18 telephone: (202) 708–3000. Nature of Requirement: Section 891.165 months from the date of issuance with • Regulation: 24 CFR 891.165. provides that the duration of the fund limited exceptions up to 24 months, as Project/Activity: Azalea Place Apartments, reservation for the capital advance is 18 approved by HUD on a case-by-case basis. Vancouver, WA; Project Number: 126– months from the date of issuance with Granted By: John C. Weicher, Assistant HD029/OR16–Q001–001. limited exceptions up to 24 months, as Secretary for Housing-Federal Housing Nature of Requirement: Section 891.165 approved by HUD on a case-by-case basis. Commissioner. provides that the duration of the fund Granted By: John C. Weicher, Assistant Date Granted: January 28, 2003. reservation for the capital advance is 18 Secretary for Housing-Federal Housing Reason Waived: Additional time was months from the date of issuance with Commissioner. needed because the sponsor had to obtain limited exceptions up to 24 months, as Date Granted: January 24, 2003. control of a different site from the site approved by HUD on a case-by-case basis. Reason Waived: The project has been ‘‘identified’’ in the application. Granted By: John C. Weicher, Assistant delayed due to litigation involving the Contact: Willie Spearmon, Director, Office Secretary for Housing-Federal Housing rezoning of one of the sites. of Housing Assistance and Grant Commissioner. Contact: Willie Spearmon, Director, Office Administration, Department of Housing and Date Granted: January 13, 2003. of Housing Assistance and Grant Urban Development, 451 Seventh Street, Reason Waived: Additional time was Administration, Department of Housing and SW., Washington, DC 20410–8000; needed for the owner to complete Urban Development, 451 Seventh Street, telephone: (202) 708–3000. modifications based on Clark County’s SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. building permit requirements. telephone: (202) 708–3000. Project/Activity: Judson Terrace Lodge, San Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. Luis Obispo, CA; Project Number: 122– of Housing Assistance and Grant Project/Activity: Bridgeway Apartments II, EE163/CA16–S991–014. Administration, Department of Housing and Picayune, MS; Project Number: 065–HD025/ Nature of Requirement: Section 891.165 Urban Development, 451 Seventh Street, MS26–Q001–002. provides that the duration of the fund SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 reservation for the capital advance is 18 telephone: (202) 708–3000. provides that the duration of the fund months from the date of issuance with • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 limited exceptions up to 24 months, as Project/Activity: Harvard Square, Irvine, months from the date of issuance with approved by HUD on a case-by-case basis. CA; Project Number: 143–HD011/CA43– limited exceptions up to 24 months, as Granted By: John C. Weicher, Assistant Q001–001. approved by HUD on a case-by-case basis. Secretary for Housing-Federal Housing Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant Commissioner. provides that the duration of the fund Secretary for Housing-Federal Housing Date Granted: January 28, 2003. reservation for the capital advance is 18 Commissioner. Reason Waived: Additional time was months from the date of issuance with Date Granted: January 24, 2003. needed to transfer land from an adjacent limited exceptions up to 24 months, as Reason Waived: Additional time was property to the Section 202 project in order approved by HUD on a case-by-case basis. needed to reprocess the firm commitment to provide adequate access to the Section 202 Granted By: John C. Weicher, Assistant and for the owner to prepare and submit the project. Secretary for Housing-Federal Housing closing package. Contact: Willie Spearmon, Director, Office Commissioner. Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Date Granted: January 15, 2003. of Housing Assistance and Grant Administration, Department of Housing and Reason Waived: Delays were incurred by Administration, Department of Housing and Urban Development, 451 Seventh Street, the project due to additional time needed to Urban Development, 451 Seventh Street, SW., Washington, DC 20410–8000; correct unexpected site conditions, and to SW., Washington, DC 20410–8000; telephone: (202) 708–3000. comply with requirements of the city’s telephone: (202) 708–3000. • Regulation: 24 CFR 891.165. planning commission and permit office. • Regulation: 24 CFR 891.165. Project/Activity: Main Street New Hope Contact: Willie Spearmon, Director, Office Project/Activity: Hale Mahaolu Econo 5, Courtyard Apartments, Los Angeles, CA; of Housing Assistance and Grant Lahaina, HI; Project Number: 140–EE021/ Project Number: 122–HD127/CA16–Q991– Administration, Department of Housing and HI10–S001–001. 011. Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.165 Nature of Requirement: Section 891.165 SW., Washington, DC 20410–8000; provides that the duration of the fund provides that the duration of the fund telephone: (202) 708–3000. reservation for the capital advance is 18 reservation for the capital advance is 18 • Regulation: 24 CFR 891.165. months from the date of issuance with months from the date of issuance with Project/Activity: Project Live XI Consumer limited exceptions up to 24 months, as limited exceptions up to 24 months, as Home, East Orange, NJ; Project Number: 031– approved by HUD on a case-by-case basis. approved by HUD on a case-by-case basis. HD098/NJ39–Q991–002. Granted By: John C. Weicher, Assistant Granted By: John C. Weicher, Assistant Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing provides that the duration of the fund Commissioner. Commissioner. reservation for the capital advance is 18 Date Granted: January 24, 2003. Date Granted: January 30, 2003. months from the date of issuance with Reason Waived: Additional time was Reason Waived: Additional time was limited exceptions up to 24 months, as needed because construction problems with needed to prepare the initial closing approved by HUD on a case-by-case basis. an adjacent section 202 project delayed the documents. Granted By: John C. Weicher, Assistant start of construction for the Hale Mahaolu Contact: Willie Spearmon, Director, Office Secretary for Housing-Federal Housing Econo 5 project, and the sponsor needed of Housing Assistance and Grant Commissioner. additional time to locate another contractor. Administration, Department of Housing and Date Granted: January 22, 2003. Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, Reason Waived: HUD needed additional of Housing Assistance and Grant SW., Washington, DC 20410–8000; time to review the initial closing documents. Administration, Department of Housing and telephone: (202) 708–3000.

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• Regulation: 24 CFR 891.165. months from the date of issuance with reservation for the capital advance is 18 Project/Activity: Cinnaminson Consumer limited exceptions up to 24 months, as months from the date of issuance with House, Cinnaminson, NJ; Project Number: approved by HUD on a case-by-case basis. limited exceptions up to 24 months, as 035–HD044/NJ39–Q991–008. Granted By: John C. Weicher, Assistant approved by HUD on a case-by-case basis. Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Granted By: John C. Weicher, Assistant provides that the duration of the fund Commissioner. Secretary for Housing-Federal Housing reservation for the capital advance is 18 Date Granted: January 31, 2003. Commissioner. months from the date of issuance with Reason Waived: The sponsor and co- Date Granted: February 12, 2003. limited exceptions up to 24 months, as sponsor needed additional time to gain title Reason Waived: The sponsor needed approved by HUD on a case-by-case basis. to the property and access to city additional time to find an alternate site Granted By: John C. Weicher, Assistant infrastructure for the project site from the capable of alterations for accessibility. The Secretary for Housing-Federal Housing Chesapeake Redevelopment and Housing sponsor also needed to resolve issues Commissioner. Authority. resulting from a change in contractors and Date Granted: January 30, 2003. Contact: Willie Spearmon, Director, Office the project’s cost. Reason Waived: HUD needed additional of Housing Assistance and Grant Contact: Willie Spearmon, Director, Office time to review the documents and schedule Administration, Department of Housing and of Housing Assistance and Grant the initial closing. Urban Development, 451 Seventh Street, Administration, Department of Housing and Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; Urban Development, 451 Seventh Street, of Housing Assistance and Grant telephone: (202) 708–3000. SW., Washington, DC 20410–8000; Administration, Department of Housing and • Regulation: 24 CFR 891.165. telephone: (202) 708–3000. Urban Development, 451 Seventh Street, Project/Activity: Community Hope V • Regulation: 24 CFR 891.165. SW., Washington, DC 20410–8000; Group Home, Washington Township, NJ; Project/Activity: Union City Senior telephone: (202) 708–3000. Project Number: 031–HD123/NJ39–Q001– Housing, Union City, CA; Project Number: • Regulation: 24 CFR 891.165. 014. 121–EE136/CA39–S001–007. Project/Activity: Yakubian Homes, Alton, Nature of Requirement: Section 891.165 Nature of Requirement: Section 891.165 IL; Project Number: 072–HD110/IL06–Q991– provides that the duration of the fund provides that the duration of the fund 007. reservation for the capital advance is 18 reservation for the capital advance is 18 Nature of Requirement: Section 891.165 months from the date of issuance with months from the date of issuance with provides that the duration of the fund limited exceptions up to 24 months, as limited exceptions up to 24 months, as reservation for the capital advance is 18 approved by HUD on a case-by-case basis. approved by HUD on a case-by-case basis. months from the date of issuance with Granted By: John C. Weicher, Assistant Granted By: John C. Weicher, Assistant limited exceptions up to 24 months, as Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing approved by HUD on a case-by-case basis. Commissioner. Commissioner. Granted By: John C. Weicher, Assistant Date Granted: January 31, 2003. Date Granted: February 12, 2003. Secretary for Housing-Federal Housing Reason Waived: The sponsor needed Reason Waived: The project has not been Commissioner. additional time to find an alternate site able to reach initial closing due to delays in Date Granted: January 30, 2003. capable of alterations for accessibility. The obtaining secondary financing, plan permits, Reason Waived: Additional time was sponsor also needed to resolve issues and a state prevailing wage determination. needed to process and issue the Firm resulting from a change in contractors and Contact: Willie Spearmon, Director, Office Commitment application. the project’s cost. of Housing Assistance and Grant Contact: Willie Spearmon, Director, Office Contact: Willie Spearmon, Director, Office Administration, Department of Housing and of Housing Assistance and Grant of Housing Assistance and Grant Urban Development, 451 Seventh Street, Administration, Department of Housing and Administration, Department of Housing and SW., Washington, DC 20410–8000; Urban Development, 451 Seventh Street, Urban Development, 451 Seventh Street, telephone: (202) 708–3000. SW., Washington, DC 20410–8000; SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. telephone: (202) 708–3000. telephone: (202) 708–3000. Project/Activity: Hillsborough County VOA • Regulation: 24 CFR 891.165. • Regulation: 24 CFR 891.165. Living Center III, Tampa, FL; Project Number: Project/Activity: Community Options Siek Project/Activity: Edgecomb Woods, 067–HD080/FL29–Q001–005. Road, Butler, NJ; Project Number: 031– Windham, ME; Project Number: 024–EE053/ Nature of Requirement: Section 891.165 HD110/NJ39–Q001–001. ME36–S001–001. provides that the duration of the fund Nature of Requirement: Section 891.165 Nature of Requirement: Section 891.165 reservation for the capital advance is 18 provides that the duration of the fund provides that the duration of the fund months from the date of issuance with reservation for the capital advance is 18 reservation for the capital advance is 18 limited exceptions up to 24 months, as months from the date of issuance with months from the date of issuance with approved by HUD on a case-by-case basis. limited exceptions up to 24 months, as limited exceptions up to 24 months, as Granted By: John C. Weicher, Assistant approved by HUD on a case-by-case basis. approved by HUD on a case-by-case basis. Secretary for Housing-Federal Housing Granted By: John C. Weicher, Assistant Granted By: John C. Weicher, Assistant Commissioner. Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing Date Granted: February 12, 2003. Commissioner. Commissioner. Reason Waived: The sponsor needed Date Granted: January 30, 2003. Date Granted: January 31, 2003. additional time to redesign the project and Reason Waived: The sponsor needed more Reason Waived: The sponsor/owner re-bid the construction contracts. The time to obtain control of a different site from needed additional time to locate an alternate sponsor also needed additional time to the site ‘‘identified’’ in the application. site. resolve remaining issues and to prepare Contact: Willie Spearmon, Director, Office Contact: Willie Spearmon, Director, Office closing documents. of Housing Assistance and Grant of Housing Assistance and Grant Contact: Willie Spearmon, Director, Office Administration, Department of Housing and Administration, Department of Housing and of Housing Assistance and Grant Urban Development, 451 Seventh Street, Urban Development, 451 Seventh Street, Administration, Department of Housing and SW., Washington, DC 20410–8000; SW., Washington, DC 20410–8000; Urban Development, 451 Seventh Street, telephone: (202) 708–3000. telephone: (202) 708–3000. SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. • Regulation: 24 CFR 891.165. telephone: (202) 708–3000. Project/Activity: Chesapeake Supportive Project/Activity: Community Hope III • Regulation: 24 CFR 891.165. Housing, Inc., Chesapeake, VA; Project Group Home, Mt. Olive Township, NJ; Project/Activity: Creekside Gardens, Paso Number: 051–HD074/VA36–Q981–005. Project Number: 031–HD115/NJ39–Q001– Robles, CA; Project Number: 122–EE162/ Nature of Requirement: Section 891.165 006. CA16–S991–013. provides that the duration of the fund Nature of Requirement: Section 891.165 Nature of Requirement: Section 891.165 reservation for the capital advance is 18 provides that the duration of the fund provides that the duration of the fund

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reservation for the capital advance is 18 Date Granted: February 13, 2003. contractor, new legal counsel, and additional months from the date of issuance with Reason Waived: The sponsor needed funding. limited exceptions up to 24 months, as additional time to complete the remediation Contact: Willie Spearmon, Director, Office approved by HUD on a case-by-case basis. requirements. The site was contaminated. of Housing Assistance and Grant Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office Administration, Department of Housing and Secretary for Housing-Federal Housing of Housing Assistance and Grant Urban Development, 451 Seventh Street, Commissioner. Administration, Department of Housing and SW., Washington, DC 20410–8000; Date Granted: February 12, 2003. Urban Development, 451 Seventh Street, telephone: (202) 708–3000. Reason Waived: The sponsor needed SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. additional time to bring the project in at a telephone: (202) 708–3000. Project/Activity: Pohatcong Consumer reasonable cost. • Regulation: 24 CFR 891.165. Home, Phillipsburg, NJ; Project Number: Contact: Willie Spearmon, Director, Office Project/Activity: ICAN Garden Apartments, 031–HD124/NJ39–Q001–016. of Housing Assistance and Grant Massillon, OH; Project Number: 042–HD090/ Nature of Requirement: Section 891.165 Administration, Department of Housing and OH12–Q001–004. provides that the duration of the fund Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.165 reservation for the capital advance is 18 SW., Washington, DC 20410–8000; provides that the duration of the fund months from the date of issuance with telephone: (202) 708–3000. reservation for the capital advance is 18 limited exceptions up to 24 months, as • Regulation: 24 CFR 891.165. months from the date of issuance with approved by HUD on a case-by-case basis. Project/Activity: Hill House, Cleveland, limited exceptions up to 24 months, as Granted By: John C. Weicher, Assistant OH; Project Number: 042–HD088/OH12– approved by HUD on a case-by-case basis. Secretary for Housing-Federal Housing Q001–002. Granted By: John C. Weicher, Assistant Commissioner. Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Date Granted: February 13, 2003. provides that the duration of the fund Commissioner. Reason Waived: The project experienced reservation for the capital advance is 18 Date Granted: February 13, 2003. delays because the owner needed to redo the months from the date of issuance with Reason Waived: The sponsor/owner original drawings because of the excessive limited exceptions up to 24 months, as needed additional time to address cost. A contractor had to be found who was approved by HUD on a case-by-case basis. deficiencies in the Firm Commitment willing to do the work at a reasonable cost. Granted By: John C. Weicher, Assistant application and to conduct value engineering Contact: Willie Spearmon, Director, Office Secretary for Housing-Federal Housing with the contractor. of Housing Assistance and Grant Commissioner. Contact: Willie Spearmon, Director, Office Administration, Department of Housing and Date Granted: February 13, 2003. of Housing Assistance and Grant Urban Development, 451 Seventh Street, Reason Waived: HUD needed additional Administration, Department of Housing and SW., Washington, DC 20410–8000; time to review and approve secondary Urban Development, 451 Seventh Street, telephone: (202) 708–3000. financing documents received from the Ohio SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. Department of Mental Health. telephone: (202) 708–3000. Project/Activity: Clark Place, Winchester, Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. KY; Project Number: 083–HD063/KY36– of Housing Assistance and Grant Project/Activity: Sturgis Consumer Home, Q001–004. Administration, Department of Housing and Edison, NJ; Project Number: 031–HD116/ Nature of Requirement: Section 891.165 Urban Development, 451 Seventh Street, NJ39–Q001–007. provides that the duration of the fund SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 reservation for the capital advance is 18 telephone: (202) 708–3000. provides that the duration of the fund months from the date of issuance with • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 limited exceptions up to 24 months, as Project/Activity: Go-Getters, Incorporated, months from the date of issuance with approved by HUD on a case-by-case basis. Princess Anne, MD; Project Number: 052– limited exceptions up to 24 months, as Granted By: John C. Weicher, Assistant EE035/MD06–S001–001. approved by HUD on a case-by-case basis. Secretary for Housing-Federal Housing Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant Commissioner. provides that the duration of the fund Secretary for Housing-Federal Housing Date Granted: February 26, 2003. reservation for the capital advance is 18 Commissioner. Reason Waived: The project has been months from the date of issuance with Date Granted: February 13, 2003. delayed because of environmental concerns limited exceptions up to 24 months, as Reason Waived: The sponsor needed as well as difficulties in obtaining gap approved by HUD on a case-by-case basis. additional time for the Firm Commitment financing. Additional time was needed to Granted By: John C. Weicher, Assistant application to be submitted and processed reach initial closing. Secretary for Housing-Federal Housing because of the recent approval of the site Contact: Willie Spearmon, Director, Office Commissioner. change. of Housing Assistance and Grant Date Granted: February 13, 2003. Contact: Willie Spearmon, Director, Office Administration, Department of Housing and Reason Waived: The project experienced of Housing Assistance and Grant Urban Development, 451 Seventh Street, delays due to problems in securing a Administration, Department of Housing and SW., Washington, DC 20410–8000; contractor at reasonable cost. Urban Development, 451 Seventh Street, telephone: (202) 708–3000. Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; • Regulation: 24 CFR 891.165. of Housing Assistance and Grant telephone: (202) 708–3000. Project/Activity: Independence Park Administration, Department of Housing and • Regulation: 24 CFR 891.165. Apartments, Farrell, PA; Project Number: Urban Development, 451 Seventh Street, Project/Activity: Presidio Village Senior 033–HD056/PA28–Q001–002. SW., Washington, DC 20410–8000; Housing, Pittsburg, Contra Costa County, CA; Nature of Requirement: Section 891.165 telephone: (202) 708–3000. Project Number: 121–EE134/CA39–S001– provides that the duration of the fund • Regulation: 24 CFR 891.165. 005. reservation for the capital advance is 18 Project/Activity: NCR of Harborcreek, Nature of Requirement: Section 891.165 months from the date of issuance with Harborcreek, PA; Project Number: 033– provides that the duration of the fund limited exceptions up to 24 months, as EE105/PA28–S001–003. reservation for the capital advance is 18 approved by HUD on a case-by-case basis. Nature of Requirement: Section 891.165 months from the date of issuance with Granted By: John C. Weicher, Assistant provides that the duration of the fund limited exceptions up to 24 months, as Secretary for Housing-Federal Housing reservation for the capital advance is 18 approved by HUD on a case-by-case basis. Commissioner. months from the date of issuance with Granted By: John C. Weicher, Assistant Date Granted: February 26, 2003. limited exceptions up to 24 months, as Secretary for Housing-Federal Housing Reason Waived: The project experienced approved by HUD on a case-by-case basis. Commissioner. delays because a new site had to be located. Granted By: John C. Weicher, Assistant Date Granted: February 13, 2003. It was discovered that the original site had Secretary for Housing-Federal Housing Reason Waived: The sponsor needed unsuitable fill that could not feasibly be Commissioner. additional time to secure a new prime removed and replaced with suitable fill.

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Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. Nature of Requirement: Section 891.165 of Housing Assistance and Grant Project/Activity: YMCA of Metropolitan provides that the duration of the fund Administration, Department of Housing and Chicago, IL; Project Number: 071–EE141/ reservation for the capital advance is 18 Urban Development, 451 Seventh Street, IL06–S981–002. months from the date of issuance with SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 limited exceptions up to 24 months, as telephone: (202) 708–3000. provides that the duration of the fund approved by HUD on a case-by-case basis. • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 Granted By: John C. Weicher, Assistant Project/Activity: Rhinelander Disabled months from the date of issuance with Secretary for Housing-Federal Housing Housing, Rhinelander, Oneida County, WI; limited exceptions up to 24 months, as Commissioner. Project Number: 075–HD063/WI39–Q991– approved by HUD on a case-by-case basis. Date Granted: March 4, 2003. 004. Granted By: John C. Weicher, Assistant Reason Waived: HUD needed additional Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing time to process initial closing documents. provides that the duration of the fund Commissioner. Contact: Willie Spearmon, Director, Office reservation for the capital advance is 18 Date Granted: February 26, 2003. of Housing Assistance and Grant months from the date of issuance with Reason Waived: The sponsor/owner Administration, Department of Housing and limited exceptions up to 24 months, as needed additional time for the Firm Urban Development, 451 Seventh Street, approved by HUD on a case-by-case basis. Commitment to be issued and initial closing SW., Washington, DC 20410–8000; Granted By: John C. Weicher, Assistant to occur. telephone: (202) 708–3000. Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. Commissioner. of Housing Assistance and Grant Project/Activity: George & Lois Brown Date Granted: February 26, 2003. Administration, Department of Housing and Estates, Henderson, NV; Project Number: Reason Waived: The owner needed Urban Development, 451 Seventh Street, 125–HD067/NV25–Q991–001. additional time to locate an acceptable site. SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 Contact: Willie Spearmon, Director, Office telephone: (202) 708–3000. provides that the duration of the fund of Housing Assistance and Grant • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 Administration, Department of Housing and Project/Activity: Oak Tree Apartments, months from the date of issuance with Urban Development, 451 Seventh Street, Corporation, Huntington, WV; Project limited exceptions up to 24 months, as SW., Washington, DC 20410–8000; Number: 045–HD031/WV15–Q001–001. approved by HUD on a case-by-case basis. telephone: (202) 708–3000. Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant • Regulation: 24 CFR 891.165. provides that the duration of the fund Secretary for Housing-Federal Housing Commissioner. Project/Activity: Brookview Gardens, reservation for the capital advance is 18 Date Granted: March 5, 2003. Toledo, OH; Project Number: 042–HD087/ months from the date of issuance with Reason Waived: The project could not OH12–Q001–001. limited exceptions up to 24 months, as proceed to initial closing due to a lengthy Nature of Requirement: Section 891.165 approved by HUD on a case-by-case basis. delay in obtaining a survey, and also issues provides that the duration of the fund Granted By: John C. Weicher, Assistant involving secondary financing documents. Secretary for Housing-Federal Housing reservation for the capital advance is 18 Contact: Willie Spearmon, Director, Office months from the date of issuance with Commissioner. of Housing Assistance and Grant limited exceptions up to 24 months, as Date Granted: February 28, 2003. Administration, Department of Housing and approved by HUD on a case-by-case basis. Reason Waived: HUD needed additional Urban Development, 451 Seventh Street, Granted By: John C. Weicher, Assistant time to process the Firm Commitment SW., Washington, DC 20410–8000; Secretary for Housing-Federal Housing application in order for the project to reach telephone: (202) 708–3000. Commissioner. initial closing. • Regulation: 24 CFR 891.165. Date Granted: February 26, 2003. Contact: Willie Spearmon, Director, Office Project/Activity: Stanton Accessible Reason Waived: HUD needed additional of Housing Assistance and Grant Apartments, Stanton, CA; Project Number: time to resolve issues with the sponsor/ Administration, Department of Housing and 143–HD008/CA43–Q981–002. owner regarding operating costs and Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.165 architectural concerns. SW., Washington, DC 20410–8000; provides that the duration of the fund Contact: Willie Spearmon, Director, Office telephone: (202) 708–3000. reservation for the capital advance is 18 • of Housing Assistance and Grant Regulation: 24 CFR 891.165. months from the date of issuance with Administration, Department of Housing and Project/Activity: Bluegrass Village, limited exceptions up to 24 months, as Urban Development, 451 Seventh Street, Georgetown, KY; Project Number: 083– approved by HUD on a case-by-case basis. SW., Washington, DC 20410–8000; HD062/KY36–Q001–003. Granted By: John C. Weicher, Assistant telephone: (202) 708–3000. Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing • Regulation: 24 CFR 891.165. provides that the duration of the fund Commissioner. Project/Activity: McTaggert Court I, Stow, reservation for the capital advance is 18 Date Granted: March 5, 2003. OH; Project Number: 042–HD089/OH12– months from the date of issuance with Reason Waived: The owner needed Q001–003. limited exceptions up to 24 months, as additional time to resolve a funding issue. Nature of Requirement: Section 891.165 approved by HUD on a case-by-case basis. Contact: Willie Spearmon, Director, Office provides that the duration of the fund Granted By: John C. Weicher, Assistant of Housing Assistance and Grant reservation for the capital advance is 18 Secretary for Housing-Federal Housing Administration, Department of Housing and months from the date of issuance with Commissioner. Urban Development, 451 Seventh Street, limited exceptions up to 24 months, as Date Granted: March 4, 2003. SW., Washington, DC 20410–8000; approved by HUD on a case-by-case basis. Reason Waived: The sponsor/owner had telephone: (202) 708–3000. Granted By: John C. Weicher, Assistant difficulty obtaining additional gap financing. • Regulation: 24 CFR 891.165. Secretary for Housing-Federal Housing Project delays were caused by environmental Project/Activity: Browns Memorial Manor, Commissioner. concerns and zoning issues. Rochester, NY; Project Number: 014–EE200/ Date Granted: February 26, 2003. Contact: Willie Spearmon, Director, Office NY06–S001–006. Reason Waived: The sponsor/owner of Housing Assistance and Grant Nature of Requirement: Section 891.165 needed additional time to find an alternate Administration, Department of Housing and provides that the duration of the fund site twice due to neighborhood opposition. Urban Development, 451 Seventh Street, reservation for the capital advance is 18 Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; months from the date of issuance with of Housing Assistance and Grant telephone: (202) 708–3000. limited exceptions up to 24 months, as Administration, Department of Housing and • Regulation: 24 CFR 891.165. approved by HUD on a case-by-case basis. Urban Development, 451 Seventh Street, Project/Activity: Rhinelander Elderly Granted By: John C. Weicher, Assistant SW., Washington, DC 20410–8000; Housing, Rhinelander, WI; Project Number: Secretary for Housing-Federal Housing telephone: (202) 708–3000. 075–EE090/WI39–S991–010. Commissioner.

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Date Granted: March 13, 2003. Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. Reason Waived: HUD needed additional of Housing Assistance and Grant Project/Activity: LaPlaya Apartments, San time to review the firm commitment Administration, Department of Housing and Francisco, CA; Project Number: 121–HD065/ application. Urban Development, 451 Seventh Street, CA39–Q981–002. Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 of Housing Assistance and Grant telephone: (202) 708–3000. provides that the duration of the fund Administration, Department of Housing and • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 Urban Development, 451 Seventh Street, Project/Activity: Sterling Oaks, Mt. months from the date of issuance with SW., Washington, DC 20410–8000; Sterling, KY; Project Number: 083–HD064/ limited exceptions up to 24 months, as telephone: (202) 708–3000. KY36–Q001–005. approved by HUD on a case-by-case basis. • Regulation: 24 CFR 891.165. Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant Project/Activity: St. Jude Manor, Akron, provides that the duration of the fund Secretary for Housing-Federal Housing OH; Project Number: 042–EE112/OH12– reservation for the capital advance is 18 Commissioner. S991–005. months from the date of issuance with Date Granted: March 17, 2003. Nature of Requirement: Section 891.165 limited exceptions up to 24 months, as Reason Waived: Additional time is needed provides that the duration of the fund approved by HUD on a case-by-case basis. to resolve the Building Permit appeal issue reservation for the capital advance is 18 Granted By: John C. Weicher, Assistant and to complete the legal requirements for months from the date of issuance with Secretary for Housing-Federal Housing initial closing. limited exceptions up to 24 months, as Commissioner. Contact: Willie Spearmon, Director, Office approved by HUD on a case-by-case basis. Date Granted: March 17, 2003. of Housing Assistance and Grant Granted By: John C. Weicher, Assistant Reason Waived: The project experienced Administration, Department of Housing and Secretary for Housing-Federal Housing delays due to the sponsor’s difficulty in Urban Development, 451 Seventh Street, Commissioner. obtaining a building permit from the local SW., Washington, DC 20410–8000; Date Granted: March 14, 2003. authorities. telephone: (202) 708–3000. Reason Waived: The project incurred Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. delays due to a site change and the need to of Housing Assistance and Grant Project/Activity: Ka’u Group Home, Ka’u, prepare the environmental study and site Administration, Department of Housing and HI; Project Number: 140–HD024/HI110– plans for the new site. Urban Development, 451 Seventh Street, Q001–002. Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 of Housing Assistance and Grant telephone: (202) 708–3000. provides that the duration of the fund Administration, Department of Housing and • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 Urban Development, 451 Seventh Street, Project/Activity: Honoka’a Knolls Senior months from the date of issuance with SW., Washington, DC 20410–8000; Apartments, Honoka’a, HI; Project Number: limited exceptions up to 24 months, as telephone: (202) 708–3000. 140–EE020–NP–WAH/HI10–S991–002. approved by HUD on a case-by-case basis. • Regulation: 24 CFR 891.165. Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant Project/Activity: Hayworth Housing, Los provides that the duration of the fund Secretary for Housing-Federal Housing Angeles, CA; Project Number: 122–HD118/ reservation for the capital advance is 18 Commissioner. CA16–Q991–002. months from the date of issuance with Date Granted: March 17, 2003. Nature of Requirement: Section 891.165 limited exceptions up to 24 months, as Reason Waived: Delays were caused provides that the duration of the fund approved by HUD on a case-by-case basis. because the sponsor had difficulty securing reservation for the capital advance is 18 Granted By: John C. Weicher, Assistant an acceptable site. months from the date of issuance with Secretary for Housing-Federal Housing Contact: Willie Spearmon, Director, Office limited exceptions up to 24 months, as Commissioner. of Housing Assistance and Grant approved by HUD on a case-by-case basis. Date Granted: March 17, 2003. Administration, Department of Housing and Granted By: John C. Weicher, Assistant Reason Waived: The sponsor needed Urban Development, 451 Seventh Street, Secretary for Housing-Federal Housing additional time to obtain funding from other SW., Washington, DC 20410–8000; Commissioner. sources. telephone: (202) 708–3000. Date Granted: March 14, 2003. Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. Reason Waived: The sponsor needed of Housing Assistance and Grant Project/Activity: McDowell County additional time to find an acceptable site. Administration, Department of Housing and Housing Action Network, Gary, WV; Project Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, Number: 045–EE014/WV15–S001–001. of Housing Assistance and Grant SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 Administration, Department of Housing and telephone: (202) 708–3000. provides that the duration of the fund Urban Development, 451 Seventh Street, • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 SW., Washington, DC 20410–8000; Project/Activity: Creekside Gardens, Paso months from the date of issuance with telephone: (202) 708–3000. Robles, CA; Project Number: 122–EE162/ limited exceptions up to 24 months, as • Regulation: 24 CFR 891.165. CA16–S991–013. approved by HUD on a case-by-case basis. Project/Activity: Nader Building, Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant Zanesville, OH; Project Number: 043–EE072/ provides that the duration of the fund Secretary for Housing-Federal Housing OH16–S001–004. reservation for the capital advance is 18 Commissioner. Nature of Requirement: Section 891.165 months from the date of issuance with Date Granted: March 17, 2003. provides that the duration of the fund limited exceptions up to 24 months, as Reason Waived: The project incurred reservation for the capital advance is 18 approved by HUD on a case-by-case basis. delays due to a site change, and the need to months from the date of issuance with Granted By: John C. Weicher, Assistant prepare the environmental study and site limited exceptions up to 24 months, as Secretary for Housing-Federal Housing plans for the new site. approved by HUD on a case-by-case basis. Commissioner. Contact: Willie Spearmon, Director, Office Granted By: John C. Weicher, Assistant Date Granted: March 17, 2003. of Housing Assistance and Grant Secretary for Housing-Federal Housing Reason Waived: HUD needed additional Administration, Department of Housing and Commissioner. time to process the firm commitment Urban Development, 451 Seventh Street, Date Granted: March 14, 2003. application and for the owner to prepare SW., Washington, DC 20410–8000; Reason Waived: The sponsor needed documents for the initial closing. telephone: (202) 708–3000. additional time to prepare the plans and Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. specifications for the change in development of Housing Assistance and Grant Project/Activity: AHEPA Lehigh Chapter 60 methods, to obtain a demolition permit, and Administration, Department of Housing and Apartments, Allentown, PA; Project Number: for the field office to submit a request to Urban Development, 451 Seventh Street, 034–EE104/PA26–S001–004. combine this project with the Sponsor’s SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 recently funded Section 202 project. telephone: (202) 708–3000. provides that the duration of the fund

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reservation for the capital advance is 18 Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office months from the date of issuance with Secretary for Housing-Federal Housing of Housing Assistance and Grant limited exceptions up to 24 months, as Commissioner. Administration, Department of Housing and approved by HUD on a case-by-case basis. Date Granted: March 24, 2003. Urban Development, 451 Seventh Street, Granted By: John C. Weicher, Assistant Reason Waived: Additional time was SW., Washington, DC 20410–8000; Secretary for Housing-Federal Housing needed to resolve legal issues involving the telephone: (202) 708–3000. Commissioner. partial release of the site. • Regulation: 24 CFR 891.165. Date Granted: March 19, 2003. Contact: Willie Spearmon, Director, Office Project/Activity: Nanaikeola Senior Reason Waived: The Owner needed of Housing Assistance and Grant Apartments, Waianae, HI; Project Number: additional time to resolve issues with the Administration, Department of Housing and 140–EE019/HI10–S991–001. title and to get a lien removed from the site. Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.165 Contact: Willie Spearmon, Director, Office SW., Washington, DC 20410–8000; provides that the duration of the fund telephone: (202) 708–3000. reservation for the capital advance is 18 of Housing Assistance and Grant • Administration, Department of Housing and Regulation: 24 CFR 891.165. months from the date of issuance with Project/Activity: AHEPA 23—III Urban Development, 451 Seventh Street, limited exceptions up to 24 months, as Apartments, Montgomery, AL; Project SW., Washington, DC 20410–8000; approved by HUD on a case-by-case basis. Number: 062–EE046/AL09–S001–002. telephone: (202) 708–3000. Granted By: John C. Weicher, Assistant • Nature of Requirement: Section 891.165 Secretary for Housing-Federal Housing Regulation: 24 CFR 891.165. provides that the duration of the fund Project/Activity: Reseda Horizons, Commissioner. reservation for the capital advance is 18 Date Granted: March 31, 2003. Northridge, CA; Project Number: 122– months from the date of issuance with HD136/CA16–Q001–007. Reason Waived: The sponsor needed limited exceptions up to 24 months, as additional time to search for additional funds Nature of Requirement: Section 891.165 approved by HUD on a case-by-case basis. from outside sources. The project incurred provides that the duration of the fund Granted By: John C. Weicher, Assistant delays due to the need to redesign the reservation for the capital advance is 18 Secretary for Housing-Federal Housing project. months from the date of issuance with Commissioner. Contact: Willie Spearmon, Director, Office limited exceptions up to 24 months, as Date Granted: March 25, 2003. of Housing Assistance and Grant approved by HUD on a case-by-case basis. Reason Waived: Additional time was Administration, Department of Housing and Granted By: John C. Weicher, Assistant needed to obtain additional funds and to Urban Development, 451 Seventh Street, Secretary for Housing-Federal Housing prepare for initial closing. SW., Washington, DC 20410–8000; Commissioner. Contact: Willie Spearmon, Director, Office telephone: (202) 708–3000. of Housing Assistance and Grant Date Granted: March 21, 2003. • Regulation: 24 CFR 891.165. Administration, Department of Housing and Reason Waived: The sponsor needed Project/Activity: Hall Commons, Urban Development, 451 Seventh Street, additional time due to a site change and the Bridgeport, CT; Project Number: 017–EE063/ SW., Washington, DC 20410–8000; subsequent development of contract CT26–S001–006. telephone: (202) 708–3000. documents for the new site. Nature of Requirement: Section 891.165 Contact: Willie Spearmon, Director, Office • Regulation: 24 CFR 891.165. Project/Activity: Floyd-Kress Homes, provides that the duration of the fund of Housing Assistance and Grant reservation for the capital advance is 18 Administration, Department of Housing and Frederick, MD; Project Number: 052–HD043/ MD06–Q001–003. months from the date of issuance with Urban Development, 451 Seventh Street, limited exceptions up to 24 months, as SW., Washington, DC 20410–8000; Nature of Requirement: Section 891.165 provides that the duration of the fund approved by HUD on a case-by-case basis. telephone: (202) 708–3000. Granted By: John C. Weicher, Assistant • Regulation: 24 CFR 891.165. reservation for the capital advance is 18 months from the date of issuance with Secretary for Housing-Federal Housing Project/Activity: Union Seniors, Los Commissioner. Angeles, CA; Project Number: 122–EE133/ limited exceptions up to 24 months, as approved by HUD on a case-by-case basis. Date Granted: March 31, 2003. CA16–S981–002. Reason Waived: The project experienced Nature of Requirement: Section 891.165 Granted By: John C. Weicher, Assistant Secretary for Housing-Federal Housing significant delays because the sponsor had to provides that the duration of the fund replace the original architect and engineering reservation for the capital advance is 18 Commissioner. Date Granted: March 26, 2003. team. months from the date of issuance with Reason Waived: The sponsor needed Contact: Willie Spearmon, Director, Office limited exceptions up to 24 months, as additional time to obtain permits from the of Housing Assistance and Grant approved by HUD on a case-by-case basis. local government. Administration, Department of Housing and Granted By: John C. Weicher, Assistant Contact: Willie Spearmon, Director, Office Urban Development, 451 Seventh Street, Secretary for Housing-Federal Housing of Housing Assistance and Grant SW., Washington, DC 20410–8000; Commissioner. Administration, Department of Housing and telephone: (202) 708–3000. • Date Granted: March 23, 2003. Urban Development, 451 Seventh Street, Regulation: 24 CFR 891.165. Reason Waived: Additional time was SW., Washington, DC 20410–8000; Project/Activity: Seneca County VOA, needed for the field office to approve the new telephone: (202) 708–3000. Tiffin, OH; Project Number: 042–EE120/ site, issue the Firm Commitment, and for the • Regulation: 24 CFR 891.165. OH12–S001–004. project to reach initial closing. Project/Activity: Pensdale Apartments, Nature of Requirement: Section 891.165 Contact: Willie Spearmon, Director, Office Philadelphia, PA; Project Number: 034– provides that the duration of the fund of Housing Assistance and Grant EE100/PA26–S991–009. reservation for the capital advance is 18 Administration, Department of Housing and Nature of Requirement: Section 891.165 months from the date of issuance with Urban Development, 451 Seventh Street, provides that the duration of the fund limited exceptions up to 24 months, as SW., Washington, DC 20410–8000; reservation for the capital advance is 18 approved by HUD on a case-by-case basis. telephone: (202) 708–3000. months from the date of issuance with Granted By: John C. Weicher, Assistant • Regulation: 24 CFR 891.165. limited exceptions up to 24 months, as Secretary for Housing-Federal Housing Project/Activity: Hale O Mana’o Lana Hou approved by HUD on a case-by-case basis. Commissioner. II, Wailuku Maui, HI; Project Number: 140– Granted By: John C. Weicher, Assistant Date Granted: March 31, 2003. HD015/HI110–Q961–001. Secretary for Housing-Federal Housing Reason Waived: The owner needed Nature of Requirement: Section 891.165 Commissioner. additional time to get approval from the provides that the duration of the fund Date Granted: March 28, 2003. Environmental Protection Agency for the reservation for the capital advance is 18 Reason Waived: The project incurred sewer tap permit. months from the date of issuance with delays due to the length of time it took to Contact: Willie Spearmon, Director, Office limited exceptions up to 24 months, as relocate several commercial businesses in the of Housing Assistance and Grant approved by HUD on a case-by-case basis. property. Administration, Department of Housing and

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Urban Development, 451 Seventh Street, occupancy and financial problems at the Nature of Requirement: Section 902.33(c) SW., Washington, DC 20410–8000; property. The property will be allowed to addresses reporting compliance dates. telephone: (202) 708–3000. rent to the non-elderly between the ages of Unaudited financial statements are required • Regulation: 24 CFR 891.165. 55 and 62 years and allow the applicants to two months after the fiscal year end of a Project/Activity: Hill House, Cleveland, meet the low-income eligibility requirements. public housing agency (PHA) and audited OH; Project Number: 042–HD088/OH12– Providing for a waiver to the elderly and low- financial statements are required no later Q001–002. income restrictions will allow the owner than 9 months after the PHA’s fiscal year Nature of Requirement: Section 891.165 additional flexibility to rent vacant units. The end, in accordance with the Single Audit Act provides that the duration of the fund owner will have the flexibility to offer units and OMB Circular A–133 of the Office of reservation for the capital advance is 18 to the non-elderly, low-income applicants, Management and Budget (OMB). months from the date of issuance with and therefore, will be able to achieve full Granted By: Michael Liu, Assistant limited exceptions up to 24 months, as occupancy, and the project will not fail. This Secretary for Public and Indian Housing. approved by HUD on a case-by-case basis. waiver is effective for one year from date of Date Granted: February 24, 2003. Granted By: John C. Weicher, Assistant approval. Reason Waived: PHA’s auditor’s license Secretary for Housing-Federal Housing Contact: Beverly J. Miller, Director, Office was revoked prior to audit financial Commissioner. of Asset Management, Department of submission. This created a circumstance Date Granted: February 13, 2003. Housing and Urban Development, 451 beyond the PHA’s control for getting Reason Waived: HUD needed additional Seventh Street, SW., Room 6160, information submitted to Real Estate time to review and approve secondary Washington, DC 20410–8000; telephone: Assessment Center (REAC). PHA was granted financing documents received from the Ohio (202) 708–3730. extension of June 30, 2003. Department of Mental Health. • Regulation: 24 CFR 891.410(c). Contact: Judy Wojciechowski, Director, Contact: Willie Spearmon, Director, Office Project/Activity: Fairfield Apartments, Office of Troubled Agency Recovery, Office of Housing Assistance and Grant Huntington, WV; Project Number: 045– of Public and Indian Housing, Department of Administration, Department of Housing and EE007. Housing and Urban Development, 451 Urban Development, 451 Seventh Street, Nature of Requirement: Section 891.410 Seventh Street, SW., Washington, DC 20410– SW., Washington, DC 20410–8000; relates to admission of families to projects for 5000; telephone: (202) 708–4932. • Regulation: 24 CFR 902.33(c). telephone: (202) 708–3000. elderly or handicapped families that received Project/Activity: FL057, Palatka Housing • Regulation: 24 CFR 891.205. reservations under section 202 of the Authority, Palatka, FL. Project/Activity: Immanuel Courtyard III, Housing Act of 1959 and housing assistance Nature of Requirement: Section 902.33(c) Omaha, NE; Project Number: 103–EE027/ under section 8 of the U.S. Housing Act of NE26–S021–001. addresses reporting compliance dates. 1937. Section 891.410(c) limits occupancy to Unaudited financial statements are required Nature of Requirement: Section 891.205 very low-income elderly persons; that is, two months after the fiscal year end of a provides that Section 202 project owners be households of one or more persons at least public housing agency (PHA) and audited single-purpose corporations. one of whom is 62 years of age at the time financial statements are required no later Granted By: John C. Weicher, Assistant of initial occupancy. than 9 months after the PHA’s fiscal year Secretary for Housing-Federal Housing Granted By: John C. Weicher, Assistant end, in accordance with the Single Audit Act Commissioner. Secretary for Housing-Federal Housing and OMB Circular A–133 of the Office of Date Granted: February 28, 2003. Commissioner. Management and Budget (OMB). Reason Waived: The project will be built Date Granted: March 13, 2003. Granted By: Michael Liu, Assistant adjacent to the sponsor’s existing Section 202 Reason Waived: The Charleston Secretary for Public and Indian Housing. project and one owner-entity would promote Multifamily Program Center requested Date Granted: February 3. 2003. greater service provision, significant cost permission to waive the age requirements of Reason Waived: PHA experienced several savings, and coordinated administrative the subject property. The owner/management managerial/operational problems since early maintenance. agent of the subject project has requested 2002. Both the Executive Director and Contact: Willie Spearmon, Director, Office permission to waive the elderly and low- Finance Director were suspended and then of Housing Assistance and Grant income requirements to alleviate the current terminated. In addition, the Florida State Administration, Department of Housing and occupancy and financial problems at the Attorney’s Office and HUD’s Office of Urban Development, 451 Seventh Street, property. The property will be allowed to Inspector General (OIG) were currently SW., Washington, DC 20410–8000; rent to the non-elderly between the ages of investigating the agency’s financial situation. telephone: (202) 708–3000. 55 and 62 years and allow the applicants to Without certification from these agencies, the • Regulation: 24 CFR 891.410(c). meet the low-income eligibility requirements. PHA could not complete its audit. Project/Activity: Pioneer Square Providing for a waiver to the elderly and low- Contact: Judy Wojciechowski, Director, Apartments, Spokane, WA; Project Number: income restrictions will allow the owner Office of Troubled Agency Recovery, Office 171–EH002. additional flexibility to rent vacant units. The of Public and Indian Housing, Department of Nature of Requirement: Section 891.410 owner will have the flexibility to offer units Housing and Urban Development, 451 relates to admission of families to projects for to the non-elderly, low-income applicants, Seventh Street, SW., Washington, DC, 20410– elderly or handicapped families that received and therefore, will be able to achieve full 5000; telephone: (202) 708–4932. reservations under section 202 of the occupancy and the project will not fail. This • Regulation: 24 CFR 902.33(c). Housing Act of 1959 and housing assistance waiver is effective for one year from date of Project/Activity: IL039, Kankakee County under section 8 of the U.S. Housing Act of approval. Housing Authority, Kankakee, IL. 1937. Section 891.410(c) limits occupancy to Contact: Beverly J. Miller, Director, Office Nature of Requirement: Section 902.33(c) very low-income elderly persons; that is, of Asset Management, Department of addresses reporting compliance dates. households of one or more persons at least Housing and Urban Development, 451 Unaudited financial statements are required one of whom is 62 years of age at the time Seventh Street, SW., Room 6160, two months after the fiscal year end of a of initial occupancy. Washington, DC 20410–8000; telephone: public housing agency (PHA) and audited Granted By: John C. Weicher, Assistant (202) 708–3730. financial statements are required no later Secretary for Housing-Federal Housing than 9 months after the PHA’s fiscal year Commissioner. III. Regulatory Waivers Granted by the end, in accordance with the Single Audit Act Date Granted: January 30, 2003. Office of Public and Indian Housing and OMB Circular A–133 of the Office of Reason Waived: The Northwest/Alaska For further information about the following Management and Budget (OMB). Multifamily Hub requested permission to waivers actions, please see the name of the Granted By: Paula O. Blunt, for Michael waive the age requirements of the subject contact person who immediately follows the Liu, Assistant Secretary for Public and Indian property. The owner/management agent of description of the waiver granted. Housing. the subject project has requested permission • Regulation: 24 CFR 902.33 (c). Date Granted: April 2, 2003. to waive the elderly and low-income Project/Activity: AL001, Housing Authority Reason Waived: The PHA had reporting requirements to alleviate the current of the Birmingham District, Birmingham, AL. problems for FY 2001 and an Independent

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Public Accountant (IPA) conflict of interest SW., Room 4210, Washington, DC 20410– Urban Development, 451 Seventh Street, problem for FY 2002. These issues hindered 5000; telephone: (202) 708–0477. SW., Room 4210, Washington, DC 20410– the PHA’s ability to submit its audit reports • Regulation: 24 CFR 982.207(b)(3). 5000; telephone: (202) 708–0477. to REAC in a timely manner. Project/Activity: Anaheim Housing • Regulation: 24 CFR 982.505(d). Contact: Judy Wojciechowski, Director, Authority (AHA), Anaheim, CA. The AHA Project/Activity: Brookline Housing Office of Troubled Agency Recovery, Office requested a waiver of a selection preference Authority (BHA), Brookline, MA. The BHA of Public and Indian Housing, Department of regulation in order to select Housing requested a special exception payment Housing and Urban Development, 451 Opportunities for Persons with HIV/AIDS standard that exceeds 120 percent of the fair Seventh Street, SW., Washington, DC 20410– (HOPWA) eligible families to occupy 22 units market rent as a reasonable accommodation 5000; telephone: (202) 708–4932. receiving project-based voucher assistance at for a disabled housing choice voucher • Regulation: 24 CFR 902.33(c). the 23-unit Casa Alegre project. program participant. The participant suffers Project/Activity: TX036, Housing Authority Nature of Requirement: Section from bi-polar disorder that makes her unable of the City of Borger, Borger, TX. 982.207(b)(3) states that a housing agency to manage her personal finances, solve daily Nature of Requirement: Section 902.33(c) may adopt a preference for admission of problems, and render reasonable judgment addresses reporting compliance dates. families that include a person with decisions regarding her personal safety. Unaudited financial statements are required disabilities, but may not adopt a preference Nature of Requirement: Section 982.505(d) two months after the fiscal year end of a for persons with a specific disability. allows a PHA to approve a higher payment public housing agency (PHA) and audited Granted By: Michael Liu, Assistant standard within the basic range for a family financial statements are required no later Secretary for Public and Indian Housing. that includes a person with a disability as a than 9 months after the PHA’s fiscal year Date Granted: February 26, 2003. reasonable accommodation in accordance end, in accordance with the Single Audit Act Reason Waived: Since by law only persons with 24 CFR Part 8. and OMB Circular A–133 of the Office of with HIV/AIDS may occupy units developed Granted By: Michael Liu, Assistant Management and Budget (OMB). with HOPWA funds, a public housing agency Secretary for Public and Indian Housing. Granted By: Michael Liu, Assistant may only authorize occupancy of such units Date Granted: January 21, 2003. Secretary for Public and Indian Housing. that also receive project-based voucher Reason Waived: Approval of the waiver Date Granted: February 7, 2003. assistance by persons with HIV/AIDS. was granted to allow a disabled housing Reason Waived: PHA stated that HUD’s Therefore, in selecting families to refer to the choice voucher participant to rent a unit with OIG had its financial books from July 23, owner for occupancy of these units, the on-site supervision and assistance with living 2002, through November 20, 2002, which SFHA will have to passover persons on its activities, without which she would not be affected its ability to submit the audit report waiting list until it reaches a person with able to live independently. to REAC in a timely manner. HIV/AIDS who is interested in moving into Contact: Gerald Benoit, Director, Housing Contact: Judy Wojciechowski, Director, one of these units at the Casa Alegre Silva Voucher Management and Operations Office of Troubled Agency Recovery, Office project. Division, Office of Public Housing and of Public and Indian Housing, Department of Contact: Gerald Benoit, Director, Housing Voucher, Office of Public and Indian Housing and Urban Development, 451 Voucher Management and Operations Housing, Department of Housing and Urban Seventh Street, SW., Washington, DC 20410– Division, Office of Public Housing and Development, 451 Seventh Street, SW., Room 5000; telephone: (202) 708–4932. Voucher Programs, Office of Public and 4210, Washington, DC 20410–5000; • Regulation: 24 CFR 982.207(b)(3). Indian Housing, Department of Housing and telephone: (202) 708–0477. Project/Activity: San Francisco Housing Urban Development, 451 Seventh Street, • Regulation: 24 CFR 982.505(d) Authority (SFHA), San Francisco, CA. The SW., Room 4210, Washington, DC 20410– Project/Activity: Housing Authority of the SFHA requested a waiver of a selection 5000; telephone: (202) 708–0477. City of Los Angeles (HACLA), Los Angeles, preference regulation in order to select • Regulation: 24 CFR 982.207(b)(3). CA. The HACLA requested a special Housing Opportunities for Persons with Project/Activity: San Francisco Housing exception payment standard that exceeds 120 AIDS (HOPWA)-eligible families to occupy Authority (SFHA), San Francisco, CA. The percent of the fair market rent as a reasonable 61 of the units receiving project-based SFHA requested a waiver of a selection accommodation for a housing choice voucher voucher assistance at the 68-unit Derek Silva preference regulation in order to select program participant with a disabled family project. Housing Opportunities for Persons with HIV/ member. The family member suffers from Nature of Requirement: Section AIDS (HOPWA) eligible families to occupy 8 brain damage and has a developmental 982.207(b)(3), which governs tenant selection of the 18 units receiving project-based disability. under the project-based voucher program, voucher assistance at the Dudley Hotel. Nature of Requirement: Section 982.505(d) states that a housing agency may adopt a Nature of Requirement: Section allows a PHA to approve a higher payment preference for admission of families that 982.207(b)(3) states that a housing agency standard within the basic range for a family include a person with disabilities, but may may adopt a preference for admission of that includes a person with a disability as a not adopt a preference for persons with a families that include a person with reasonable accommodation in accordance specific disability. disabilities, but may not adopt a preference with 24 CFR Part 8. Granted By: Michael Liu, Assistant for persons with a specific disability. Granted By: Michael Liu, Assistant Secretary for Public and Indian Housing. Granted By: Michael Liu, Assistant Secretary for Public and Indian Housing. Date Granted: February 19, 2003. Secretary for Public and Indian Housing. Date Granted: February 4, 2003. Reason Waived: Since by law only persons Date Granted: March 26, 2003. Reason Waived: Approval of the waiver with HIV/AIDS may occupy units developed Reason Waived: Since by law only persons was granted to allow a housing choice with HOPWA funds, a public housing agency with HIV/AIDS may occupy units developed voucher participant to rent a unit close to the may only authorize occupancy of such units with HOPWA funds, a public housing agency medical care facilities that are required that also receive project-based voucher may only authorize occupancy of such units frequently by the disabled family member. assistance by persons with HIV/AIDS. that also receive project-based voucher Contact: Gerald Benoit, Director, Housing Therefore, in selecting families to refer to the assistance by persons with HIV/AIDS. Voucher Management and Operations owner for occupancy of these units, the Therefore, in selecting families to refer to the Division, Office of Public Housing and SFHA will have to pass over persons on its owner for occupancy of these units, the Voucher Programs, Office of Public and waiting list until it reaches a person with SFHA will have to pass over persons on its Indian Housing, Department of Housing and HIV/AIDS who is interested in moving into waiting list until it reaches a person with Urban Development, 451 Seventh Street, one of these units at the Derek Silva project. HIV/AIDS who is interested in moving into SW., Room 4210, Washington, DC 20410– Contact: Gerald Benoit, Director, Housing one of these units at the Dudley Hotel. 5000; telephone: (202) 708–0477. Voucher Management and Operations Contact: Gerald Benoit, Director, Housing • Regulation: 24 CFR 983.51 Division, Office of Public Housing and Voucher Management and Operations Project/Activity: San Francisco Housing Voucher Programs, Office of Public and Division, Office of Public Housing and Authority (SFHA), San Francisco, CA. The Indian Housing, Department of Housing and Voucher Programs, Office of Public and SFHA requested a waiver of competitive Urban Development, 451 Seventh Street, Indian Housing, Department of Housing and selection of owner proposals.

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Nature of Requirement: Section 983.51 an exception to the initial guidance to permit It competed for Low Income Housing Tax requires competitive selection of owner it to attach PBA to Dayton View Commons Credits through the Washington State proposals in accordance with a housing that will be located in a census tract with a Housing Finance Commission and was authority’s HUD-approved advertisement and poverty rate of 50 percent. competitively awarded $250,000 by the unit selection policy. Nature of Requirement: Section 983.51 Washington State Housing Trust Fund. Granted By: Michael Liu, Assistant requires competitive selection of owner Approval of the exception for Secretary for Public and Indian Housing. proposals in accordance with a housing deconcentration was granted since the Date Granted: March 28, 2003. authority’s HUD-approved advertisement and number of assisted units in this project was Reason Waived: Competitive selection was unit selection policy. Section II subpart E of reduced from 60 units of public housing to waived since Valencia Gardens had already the initial guidance requires that in order to 51 assisted units including the five that undergone a competitive selection process meet the Department’s goal of receive PBA. Also, the city of Tacoma is a for a HOPE VI grant. deconcentration and expanding housing and HUD-designated Renewal Community Contact: Gerald Benoit, Director, Housing economic opportunities, the projects must be (formerly Enterprise Community), the Voucher Management and Operations in census tracts with poverty rates of less purpose of which is to open new businesses, Division, Office of Public Housing and than 20 percent. and create jobs, housing, and new Voucher Programs, Office of Public and Granted By: Michael Liu, Assistant educational and healthcare opportunities for Indian Housing, Department of Housing and Secretary for Public and Indian Housing. thousands of Americans. These goals are Urban Development, 451 Seventh Street, Date Granted: February 13, 2003. consistent with the goals of deconcentrating SW., Room 4210, Washington, DC 20410– Reason Waived: Competitive selection was poverty and expanding housing and 5000; telephone: (202) 708–0477. waived since the project was competitively economic opportunities. • Regulation: 24 CFR 983.51 and Section awarded nine percent Low Income Housing Contact: Gerald Benoit, Director, Housing II subpart E of the January 16, 2001, Federal Tax Credits through the Ohio Housing Voucher Management and Operations Register Notice, Revisions to PHA Project- Finance Agency. Approval of the exception Division, Office of Public Housing and Based Assistance (PBA) Program; Initial for deconcentration was granted since Dayton Voucher Programs, Office of Public and Guidance. View Commons is a HOPE VI project, the Indian Housing, Department of Housing and Project/Activity: Oakland Housing purpose of which is to transform public Urban Development, 451 Seventh Street, Authority (OHA), Oakland, CA. The OHA housing through: changing the physical SW., Room 4210, Washington, DC 20410– 5000; telephone: (202) 708–0477. requested a waiver of competitive selection shape of public housing; establishing positive • of owner proposals and an exception to the incentives for resident self-sufficiency and Regulation: 24 CFR 983.51 and Section initial guidance to permit it to attach PBA to comprehensive services that empower II subpart E of the January 16, 2001, Federal Register Notice, Revisions to PHA Project- Mandela Gateway that will be located in a residents; promoting mixed-income Based Assistance (PBA) Program; Initial census tract with a poverty rate of 52 percent. communities; and forging partnerships with Guidance. Nature of Requirement: Section 983.51 other agencies, local governments, nonprofit Project/Activity: Chicago Housing requires competitive selection of owner organizations, and private businesses to Authority (CHA), Chicago, IL. The CHA proposals in accordance with a housing leverage support and resources. These goals requested a waiver of competitive selection are consistent with the goals of authority’s HUD-approved advertisement and of owner proposals and an exception to the unit selection policy. Section II subpart E of deconcentrating poverty and expanding initial guidance to permit it to attach PBA to the initial guidance requires that in order to housing and economic opportunities. 600 South Wabash that will be located in a meet the Department’s goal of Contact: Gerald Benoit, Director, Housing census tract with a poverty rate of 24 percent. deconcentration and expanding housing and Voucher Management and Operations Nature of Requirement: Regulations at 24 economic opportunities, the projects must be Division, Office of Public Housing and CFR 983.51 requires competitive selection of in census tracts with poverty rates of less Voucher Programs, Office of Public and owner proposals in accordance with a than 20 percent. Indian Housing, Department of Housing and housing authority’s HUD-approved Granted By: Michael Liu, Assistant Urban Development, 451 Seventh Street, advertisement and unit selection policy. Secretary for Public and Indian Housing. SW., Room 4210, Washington, DC 20410– Section II subpart E of the initial guidance Date Granted: February 4, 2003. 5000; telephone: (202) 708–0477. • requires that in order to meet the Reason Waived: Competitive selection was Regulation: 24 CFR 983.51 and Section Department’s goal of deconcentration and waived since the project developer/partner II subpart E of the January 16, 2001, Federal expanding housing and economic was already competitively selected as a Register Notice, Revisions to PHA Project- opportunities, the projects must be in census HOPE VI partner by the OHA. Approval of Based Assistance (PBA) Program; Initial tracts with poverty rates of less than 20 the exception for deconcentration was Guidance. percent. granted since Mandela Gateway is in a HUD- Project/Activity: Tacoma Housing Granted By: Michael Liu, Assistant designated Enhanced Enterprise Community, Authority (THA), Tacoma, WA. The THA Secretary for Public and Indian Housing. the purpose of which is to open new requested a waiver of competitive selection Date Granted: March 12, 2003. businesses, and create jobs, housing, and new of owner proposals and an exception to the Reason Waived: Competitive selection was educational and healthcare opportunities. initial guidance to permit it to attach PBA to waived since 600 Wabash had gone through These goals are consistent with the goals of Hillside Terrace Phase II that will be located several competitive rounds including the deconcentrating poverty and expanding in a census tract with a poverty rate of 28.9 City of Chicago Department of Housing’s housing and economic opportunities. percent. competition for low-income housing tax Contact: Gerald Benoit, Director, Housing Nature of Requirement: Section 983.51 credits, the Chicago Low Income Housing Voucher Management and Operations requires competitive selection of owner Trust Fund Affordable Rents for Chicago Division, Office of Public Housing and proposals in accordance with a housing competition, the HUD Shelter Plus Care Voucher Programs, Office of Public and authority’s HUD-approved advertisement and application process, and the IHDA Affordable Indian Housing, Department of Housing and unit selection policy. Section II subpart E of Housing Tax Credit competition. Approval of Urban Development, 451 Seventh Street, the initial guidance requires that in order to the exception for deconcentration was SW., Room 4210, Washington, DC 20410– meet the Department’s goal of granted since between 1990 and 2000 the 5000; telephone: (202) 708–0477. deconcentration and expanding housing and population of the two community areas in • Regulation: 24 CFR 983.51 and Section economic opportunities, the projects must be which the project is located, the Loop and II subpart E of the January 16, 2001, Federal in census tracts with poverty rates of less Near South Side, grew by 37 and 39 percent, Register Notice, Revisions to PHA Project- than 20 percent. respectively. There was a 23 percent increase Based Assistance (PBA) Program; Initial Granted By: Michael Liu, Assistant in the number of businesses and a 20 percent Guidance. Secretary for Public and Indian Housing. increase in the number of wage earners Project/Activity: Dayton Metropolitan Date Granted: March 4, 2003. during the same time period. This is Housing Authority (DMHA), Dayton, OH. Reason Waived: Competitive selection was consistent with the goals of deconcentrating The DMHA requested a waiver of waived since the project had already gone poverty and expanding housing and competitive selection of owner proposals and through two rounds of competitive selection. economic opportunities.

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Contact: Gerald Benoit, Director, Housing projects was based upon a need for decent specifically approves an exception. The Voucher Management and Operations and affordable housing in the city and aforementioned Initial Guidance requires that Division, Office of Public Housing and continued improvement in areas where a PBA contract may only be approved if it is Voucher Programs, Office of Public and millions of dollars have been spent to consistent with the goal of deconcentrating Indian Housing, Department of Housing and rehabilitate blighted housing in a city where poverty and expanding housing and Urban Development, 451 Seventh Street, one third of the housing stock was built prior economic opportunities. SW., Room 4210, Washington, DC 20410– to 1940. Granted By: Michael Liu, Assistant 5000; telephone: (202) 708–0477. Nature of Requirement: Section II subpart Secretary for Public and Indian Housing. • Regulation: 24 CFR 983.51 and Section E of the initial guidance requires that in order Date Granted: March 4, 2003. II subpart E of the January 16, 2001, Federal to meet the Department’s goal of Reason Waived: Approval of the exception Register Notice, Revisions to PHA Project- deconcentration and expanding housing and regarding the 25 percent cap was granted Based Assistance (PBA) Program; Initial economic opportunities, the projects must be because all four of the sites owned and Guidance. in census tracts with poverty rates of less managed by FIT will are leased to families Project/Activity: Cuyahoga Metropolitan than 20 percent. receiving supportive services. FIT provides a Housing Authority (CMHA), Cleveland, OH. Granted By: Michael Liu, Assistant considerable array of services, including case The CMHA requested a waiver of competitive Secretary for Public and Indian Housing. management, therapeutic services, selection of owner proposals and an Date Granted: January 6, 2003. community meetings, educational exception to the initial guidance to permit it Reason Waived: The City of New Orleans workshops, employment and advanced to attach PBA to Cleveland New Construction developed an Impact Neighborhood Strategy computer training program, childcare, III in census tracts with poverty rates that (INS) that promotes rehabilitating projects in transportation, and linkages to numerous range from 30.5 to 54.2 percent. cluster areas, bringing together public and other service providers. In regards to Nature of Requirement: Section 983.51 private sector resources. The focus of this deconcentration, the NHS proposes to requires competitive selection of owner initiative is the establishment of partnerships provide PBA for six units at 25 Brook Street/ proposals in accordance with a housing between the city, financial institutions, 15–19 Temple Court. There are several authority’s HUD-approved advertisement and neighborhood churches, and community- housing and economic development unit selection policy. Section II subpart E of based organizations. By pooling public and activities going on in the census tract where the initial guidance requires that in order to private funds, these partnerships create a these projects are located. The Verizon meet the Department’s goal of variety of housing programs targeting Wireless Arena opened one year ago and is deconcentration and expanding housing and homeownership, owner-occupied bringing numerous sporting and economic opportunities, the projects must be rehabilitation, and investor-owned entertainment venues to Manchester that in census tracts with poverty rates of less rehabilitation. The City of New Orleans stimulate restaurant, hotel, and retail activity; than 20 percent. identified six INS areas. The goals of the INS a sizeable residential development is planned Granted By: Michael Liu, Assistant areas are consistent with the goals of for the block at the corner of Bridge and Elm Secretary for Public and Indian Housing. deconcentrating poverty. Street that will include 210 units that are to Date Granted: March 18, 2003. Contact: Gerald Benoit, Director, Housing be ‘‘upscale and costly’’ thereby reducing the Reason Waived: The CMHA was awarded Voucher Management and Operations concentration of low-income households in funds by the Department to provide housing Division, Office of Public Housing and the census tract; renovations are underway to to replace approximately 350 units of Voucher Programs, Office of Public and the offices at Hampshire Plaza at 1000 Elm obsolete multifamily housing that were Indian Housing, Department of Housing and Street as well as to the retail and office space demolished in the neighborhoods of Hough Urban Development, 451 Seventh Street, at the Chase Building at 1037–1043 Elm and Glenville. Cleveland New Construction SW., Room 4210, Washington, DC 20410– Street. The Smith Dow Block at 1382–1480 (CNC) III is one of the projects designed to 5000; telephone: (202) 708–0477. Elm Street was also renovated a couple of replace 234 of the 350 units demolished. • Regulation: Section II subpart F and years ago considerably upgrading the 68 Competitive selection was waived since the subpart E of the January 16, 2001, Federal residential units there. Additional planned CMHA’s partner in the development of CNC Register Notice, Revisions to PHA Project- improvements include streetscape III was competitively selected in September Based Assistance (PBA) Program; Initial improvements at Lowell and Elm Streets and 2000. Approval of the exception for Guidance. the widening of Granite Street. deconcentration was granted since 40 units Project/Activity: Manchester Housing and Contact: Gerald Benoit, Director, Housing of the CNC III project, in which the CMHA Redevelopment Authority (MHRA), Voucher Management and Operations plans to attach PBA will be located in Manchester, NH. The MHRA requested an Division, Office of Public Housing and Cleveland’s HUD-designated Empowerment exception to the Initial Guidance on revisions Voucher Programs, Office of Public and Zone, the purpose of which is to open new to the project-based assistance (PBA) program Indian Housing, Department of Housing and businesses, and create jobs, housing, and new published in the Federal Register on January Urban Development, 451 Seventh Street, educational and healthcare opportunities. 16, 2001, regarding the 25 percent cap on the SW., Room 4210, Washington, DC 20410– These goals are consistent with the goals of number of units in a building to which PBA 5000; telephone: (202) 708–0477. deconcentrating poverty and expanding can be attached. This exception was • Regulation: Section II subpart F of the housing and economic opportunities. requested for four sites owned and managed January 16, 2001, Federal Register Notice, Contact: Gerald Benoit, Director, Housing by Families in Transition (FIT), to which the Revisions to PHA Project-Based Assistance Voucher Management and Operations MHRA intends to attach such assistance. The (PBA) Program; Initial Guidance. Division, Office of Public Housing and MHRA also requested an exception in regard Project/Activity: Vermont State Housing Voucher Programs, Office of Public and to deconcentration for a project owned by the Authority (VSHA), Montpelier, VT. The Indian Housing, Department of Housing and Neighborhood Housing Service (NHS). VSHA requested an exception to the Initial Urban Development, 451 Seventh Street, Nature of Requirement: Section II subpart Guidance on revisions to the project-based SW., Room 4210, Washington, DC 20410– F of the Initial Guidance, states that a PHA assistance program published in the Federal 5000; telephone: (202) 708–0477. may not enter into an agreement or housing Register on January 16, 2001, regarding the • Regulation: Section II subpart E of the assistance payments (HAP) contract to 25 percent cap on the number of units in a January 16, 2001, Federal Register Notice, provide project-based voucher assistance for building to which PBA can be attached. This Revisions to PHA Project-Based Assistance more than 25 percent of the units in any one exception was requested by the Housing (PBA) Program; Initial Guidance. building, except for dwelling units that are Foundation, Inc. on behalf of Templeton Project/Activity: Housing Authority of New specifically made available for elderly Court Apartments, to which VSHA intends to Orleans (HANO), New Orleans, LA. The families, disabled families, and families attach such assistance. HANO requested an exception to the Initial receiving supportive services. Section II Nature of Requirement: Section II subpart Guidance for three developments that are subpart E of the Initial Guidance requires that F of the Initial Guidance states that a PHA located in census tracts with poverty rates all new PBA agreements or HAP contracts be may not enter into an agreement or housing greater than 20 percent. The HANO’s request for units in census tracts with poverty rates assistance payments contract to provide for an exemption for the following three of less than 20 percent, unless HUD project-based voucher assistance for more

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than 25 percent of the units in any one that will be located in a census tract with a HABC requested an exception to the initial building, except for dwelling units that are poverty rate of 78.32 percent. guidance to permit it to attach PBA to specifically made available for elderly Nature of Requirement: Section II subpart Barrister Court, a project that will be located families, disabled families, and families E of the initial guidance requires that in order in a census tract with a poverty rate of 24.9 receiving supportive services. to meet the Department’s goal of percent. Granted By: Michael Liu, Assistant deconcentration and expanding housing and Nature of Requirement: Section II subpart Secretary for Public and Indian Housing. economic opportunities, the projects must be E of the initial guidance requires that in order Date Granted: March 4, 2003. in census tracts with poverty rates of less to meet the Department’s goal of Reason Waived: Approval of the exception than 20 percent. deconcentration and expanding housing and was granted because the programs at Granted By: Michael Liu, Assistant economic opportunities, the projects must be Templeton Court provide services to people Secretary for Public and Indian Housing. in census tracts with poverty rates of less Date Granted: March 7, 2003. of all ages and include a strong emphasis on than 20 percent. Reason Waived: Approval of the exception self-sufficiency and economic independence. Granted By: Michael Liu, Assistant for deconcentration was granted since To this objective, Templeton Court Secretary for Public and Indian Housing. Apartments provide a considerable array of Roosevelt Tower is in a HUD-designated Date Granted: March 24, 2003. supportive services which include activities Enterprise Community, the purpose of which Reason Waived: Approval of this waiver for children such as playgroups, homework is to open new businesses, and create jobs, was granted because Barrister Court is in a clubs, mentoring program with students from housing, and new educational and healthcare Dartmouth College; and for adults, GED opportunities. These goals are consistent HUD-designated Empowerment Zone, the classes, and both the voucher family self- with the goals of deconcentrating poverty purpose of which is to open new businesses, sufficiency program and voucher and expanding housing and economic and create jobs, housing, and new homeownership program. opportunities educational and healthcare opportunities. Contact: Gerald Benoit, Director, Housing Contact: Gerald Benoit, Director, Housing These goals are consistent with the goals of Voucher Management and Operations Voucher Management and Operations deconcentrating poverty and expanding Division, Office of Public Housing and Division, Office of Public Housing and housing and economic opportunities. Voucher Programs, Office of Public and Voucher Programs, Office of Public and Contact: Gerald Benoit, Director, Housing Indian Housing, Department of Housing and Indian Housing, Department of Housing and Voucher Management and Operations Urban Development, 451 Seventh Street, Urban Development, 451 Seventh Street, Division, Office of Public Housing and SW., Room 4210, Washington, DC 20410– SW., Room 4210, Washington, DC 20410– Voucher Programs, Office of Public and 5000; telephone: (202) 708–0477. Indian Housing, Department of Housing and 5000; telephone: (202) 708–0477. • • Regulation: Section II subpart E of the Regulation: Section II subpart F of the Urban Development, 451 Seventh Street, January 16, 2001, Federal Register Notice, January 16, 2001, Federal Register Notice, SW., Room 4210, Washington, DC 20410– Revisions to PHA Project-Based Assistance Revisions to PHA Project-Based Assistance 5000; telephone: (202) 708–0477. (PBA) Program; Initial Guidance. (PBA) Program; Initial Guidance. Project/Activity: Douglas County Housing IV. Regulatory Waivers Granted by the Project/Activity: St. Paul Public Housing Authority (DCHA), Omaha, NE. The DCHA Office of Policy Development and Research Agency (SPPHA), St. Paul, MN. The SPPHA requested an exception to waive the requested an exception to the initial guidance For further information about the following requirement that no more than 25 percent of waiver actions, please see the name of the to permit it to attach PBA to North Grotto, the dwelling units in any building may be a building that is in a census tract with a contact person who immediately follows the assisted under a housing assistance payments description of the waiver granted. poverty rate of 22.8 percent. contract for PBA except for dwelling units • Regulation: 24 CFR 84.83(f). Nature of Requirement: Section II subpart that are specifically made available for Project/Activity: Cooperative Agreement E of the initial guidance requires that in order elderly families, disabled families, and number H–21375CA, titled, ‘‘Success to meet the Department’s goal of families receiving supportive services for Measures Guidebook Revision’’ awarded to deconcentration and expanding housing and Platte Valley Apartments. McAuley Institute, 8380 Colesville Road, economic opportunities, the projects must be Nature of Requirement: Section II subpart in census tracts with poverty rates of less F requires that no more than 25 percent of Silver Spring, MD 20910–6255. A waiver of than 20 percent. the dwelling units in any building may be intellectual property rights was granted for Granted By: Michael Liu, Assistant assisted under a housing assistance payments this Cooperative Agreement. Secretary for Public and Indian Housing. contract for PBA except for dwelling units Nature of Requirement: The waiver of Date Granted: March 7, 2003. that are specifically made available for intellectual property rights provides that Reason Waived: Approval of the exception elderly families, disabled families, and HUD will have a permanent right to publish for deconcentration was granted since the families receiving supportive services. or reproduce the Revised Guidebook ,and Grotto is within 165 yards of a HUD- Granted By: Michael Liu, Assistant that HUD waives its right to make derivative, designated Enterprise Community the goals Secretary for Public and Indian Housing. or other permissible uses of the Revised of which are to open new businesses, create Date Granted: March 18, 2003. Guidebook. It further acknowledges that HUD jobs, housing, and new educational and Reason Waived: Approval of the exception has no copyright interest in McAuley’s healthcare opportunities. These goals are for the number of units in a building that original Guidebook, or the Revised consistent with the goals of deconcentrating may be project based was granted because the Guidebook to be developed under the terms poverty and expanding housing and families living in all 48 units of Platte Valley of the Cooperative Agreement that will be economic opportunities. Apartments will participate in the Family awarded to McAuley. Contact: Gerald Benoit, Director, Housing Self-Sufficiency program. These supportive Granted By: Alberto F. Trevino, Assistant Voucher Management and Operations services are consistent with the statute. Secretary for the Office of Policy Division, Office of Public Housing and Contact: Gerald Benoit, Director, Housing Development and Research. Voucher Programs, Office of Public and Voucher Management and Operations Date Granted: March 12, 2003. Indian Housing, Department of Housing and Division, Office of Public Housing and Reason Waived: Request from Grantee to Urban Development, 451 Seventh Street, Voucher Programs, Office of Public and protect copyright of the original Guidebook. SW., Room 4210,Washington, DC 20410–0; Indian Housing, Department of Housing and Contact: Patrick J. Tewey, Director, Office telephone: (202) 708–0477. Urban Development, 451 Seventh Street, of Policy Development and Research, • Regulation: Section II subpart E of the SW., Room 4210, Washington, DC 20410– Contract and Program Control Division, January 16, 2001, Federal Register Notice, 5000; telephone: (202) 708–0477. Department of Housing and Urban Revisions to PHA Project-Based Assistance • Regulation: Section II subpart E of the Development, 451 Seventh Street, SW., (PBA) Program; Initial Guidance. January 16, 2001, Federal Register Notice, Washington, DC 20410–6000; telephone: Project/Activity: Chicago Housing Revisions to PHA Project-Based Assistance (202) 708–1796. Authority (CHA), Chicago, IL. The CHA Program; Initial Guidance. requested an exception to the initial guidance Project/Activity: Housing Authority of [FR Doc. 03–23885 Filed 9–18–03; 8:45 am] to permit it to attach PBA to Roosevelt Tower Baltimore City (HABC), Baltimore, MD. The BILLING CODE 4210–32–P

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Part III

Environmental Protection Agency 40 CFR Part 94 Control of Emissions From New Marine Diesel Engines; Direct Final Rule and Proposed Rule

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ENVIRONMENTAL PROTECTION DATES: This direct final rule is effective can reach the Air Docket by telephone AGENCY on November 3, 2003 without further at (202) 566–1742 and by facsimile at notice, unless we receive adverse (202) 566–1741. You may be charged a 40 CFR Part 94 comments by October 20, 2003 or reasonable fee for photocopying docket receive a request for a public hearing by materials, as provided in 40 CFR part 2. [AMS–FRL–7561–4] October 6, 2003. If we receive any FOR FURTHER INFORMATION CONTACT: adverse comments on this direct final Control of Emissions From New Marine Alan Stout, Assessment and Standards Diesel Engines rule or receive a request for a hearing within the time frame described above, Division, e-mail [email protected], AGENCY: Environmental Protection we will publish a timely withdrawal in voice-mail (734) 214–4636. Agency (EPA). the Federal Register informing the SUPPLEMENTARY INFORMATION: ACTION: Direct final rule. public that this rule will not take effect. I. General Information ADDRESSES: Comments: All comments SUMMARY: This direct final rule restores and materials relevant to this action A. Regulated Entities certain regulatory text that was adopted should be submitted to Public Docket for recreational marine diesel engines No. OAR–2003–00046. This action will affect companies and on November 8, 2002 and corrects Docket: Materials relevant to this persons that manufacture, sell, or several typographical errors that do not rulemaking are in Public Dockets A– import into the United States new affect the substance of the regulations. 2000–01 and A–2001–11 at the marine compression-ignition engines for On February 28, 2003, we promulgated following address: EPA Docket Center use on vessels flagged or registered in a final rule for Category 3 marine diesel (EPA/DC), Public Reading Room, Room the United States; companies and engines. In doing so, we inadvertently B102, EPA West Building, 1301 persons that make vessels that will be supplanted some sections of the Constitution Avenue, NW., Washington, flagged or registered in the United States regulatory text that were adopted in the DC. The EPA Docket Center Public and that use such engines; and the November 8, 2002 final rule for Reading Room is open from 8:30 a.m. to owners or operators of such U.S. recreational marine diesel engines. This 4:30 p.m., Monday through Friday, vessels. Affected categories and entities final rule restores that regulatory text. except on government holidays. You include the following:

Category NAICS Examples of potentially affected entities code a

Industry ...... 333618 Manufacturers of new marine diesel engines. Industry ...... 336611 Manufacturers of marine vessels. a North American Industry Classification System (NAICS).

This list is not intended to be Monday through Friday, excluding legal C. How and to Whom Do I Submit exhaustive, but rather provides a guide holidays. The telephone number for the Comments? regarding entities likely to be affected by Public Reading Room is (202) 566–1744, You may summit comments on this this action. To determine whether and the telephone number for the Air direct final rule as described in this particular activities may be affected by Docket is (202) 566–1742. this action, you should carefully section. You should note that we are 2. Electronic Access. This direct final examine the regulations. You may direct also publishing a notice of proposed rule is available electronically from the questions regarding the applicability of rulemaking in the ‘‘Proposed Rules’’ EPA Internet Web site. This service is this action as noted in FOR FURTHER section of today’s Federal Register, INFORMATION CONTACT. free of charge, except for any cost which matches the substance of this incurred for internet connectivity. The direct final rule. Your comments on this B. How Can I Get Copies of This electronic version of this final rule is direct final will be considered to also be Document? made available on the date of applicable to that notice of proposed 1. Docket. EPA has established an publication on the primary web site rulemaking. If we receive any adverse official public docket for this action listed below. The EPA Office of comments on this direct final rule or under Air Docket Number OAR–2003– Transportation and Air Quality also receive a request for a hearing within 0046. The official public docket consists publishes Federal Register notices and the time frame described above, we will of the documents specifically referenced related documents on the secondary publish a timely withdrawal in the in this action, any public comments web site listed below. Federal Register informing the public received, and other information related that this rule will not take effect. We to this action. Although a part of the 1. http://www.epa.gov/docs/fedrgstr/ will then take final action to correct the official docket, the public docket does EPA–AIR (either select desired date or regulatory text in a final rule based on not include Confidential Business use Search features). the accompanying proposal. We will not Information (CBI) or other information 2. http://www.epa.gov/otaq (look in institute a second comment period. whose disclosure is restricted by statute. What’s New or under the specific You may submit comments The official public docket is the rulemaking topic) electronically, by mail, by facsimile, or collection of materials that is available through hand delivery/courier. To for public viewing at the Air Docket in Please note that due to differences ensure proper receipt by EPA, identify the EPA Docket Center, (EPA/DC) EPA between the software used to develop the appropriate docket identification West, Room B102, 1301 Constitution the documents and the software into number in the subject line on the first Ave., NW., Washington, DC. The EPA which the document may be page of your comment. Please ensure Docket Center Public Reading Room is downloaded, format changes may occur. that your comments are submitted open from 8:30 a.m. to 4:30 p.m., within the specified comment period.

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Comments received after the close of the in WordPerfect or ASCII file format. sentence describing useful life values comment period will be marked ‘‘late.’’ Avoid the use of special characters and for Category 3 engines. EPA is not required to consider these any form of encryption. Because EPA views the provisions of late comments. 2. By Mail. Send two copies of your the action as noncontroversial and does 1. Electronically. If you submit an comments to: Air Docket, not expect adverse comment, it is electronic comment as prescribed Environmental Protection Agency, appropriate to proceed by direct final below, EPA recommends that you Mailcode: 6102T, 1200 Pennsylvania rulemaking. include your name, mailing address, Ave., NW., Washington, DC, 20460, If we receive adverse comment on one and an e-mail address or other contact Attention Docket ID No. OAR–2003– or more distinct amendments, information in the body of your 0046. paragraphs, or sections of this comment. Also include this contact 3. By Hand Delivery or Courier. rulemaking, we will publish a timely information on the outside of any disk Deliver your comments to: EPA Docket withdrawal in the Federal Register or CD ROM you submit, and in any Center, Room B102, EPA West Building, indicating which provisions will cover letter accompanying the disk or 1301 Constitution Avenue, NW., become effective and which provisions CD ROM. This ensures that you can be Washington, DC, Attention Air Docket are being withdrawn due to adverse identified as the submitter of the ID No. OAR–2003–0046. Such deliveries comment. Any distinct amendment, comment and allows EPA to contact you are only accepted during the Docket’s paragraph, or section of today’s in case EPA cannot read your comment normal hours of operation as identified rulemaking for which we do not receive due to technical difficulties or needs in Unit I. adverse comment will become effective further information on the substance of 4. By Facsimile. Fax your comments on the date set out above, your comment. EPA’s policy is that EPA to: (202) 566–1741, Attention Docket ID. notwithstanding any adverse comment will not edit your comment, and any No. OAR–2001–0011. on any other distinct amendment, identifying or contact information paragraph, or section of today’s rule. provided in the body of a comment will II. Summary of Rule be included as part of the comment that We proposed emission standards for III. Statutory and Executive Order is placed in the official public docket, Category 3 marine diesel engines in 40 Reviews and made available in EPA’s electronic CFR part 94 on May 29, 2002 (67 FR A. Executive Order 12866: Regulatory public docket. If EPA cannot read your 37548). Before finalizing the Category 3 Planning and Review comment due to technical difficulties emission standards, we promulgated and cannot contact you for clarification, emission standards for recreational Under Executive Order 12866 the EPA may not be able to consider your marine diesel engines in 40 CFR part 94 Agency must determine whether the comment. (67 FR 68242, November 8, 2002). regulatory action is ‘‘significant’’ and i. EPA dockets. Your use of EPA’s We adopted final emission standards therefore subject to review by the Office electronic public docket to submit for Category 3 marine diesel engines on of Management and Budget (OMB) and comments to EPA electronically is February 28, 2003 (68 FR 9746). These the requirements of this Executive EPA’s preferred method for receiving changes to 40 CFR part 94 inadvertently Order. The Executive Order defines a comments. Go directly to EPA Dockets supplanted some of the provisions we ‘‘significant regulatory action’’ as any at http://www.epa.gov/edocket, and had recently established for recreational regulatory action that is likely to result follow the online instructions for marine diesel engines in November in a rule that may: • submitting comments. Once in the 2002. This rule would correct those Have an annual effect on the system, select ‘‘search,’’ and then key in errors; these corrections are intended economy of $100 million or more or Docket ID No. OAR–2003–0046. The merely to restore the regulatory text we adversely affect in a material way the system is an ‘‘anonymous access’’ originally adopted under each program, economy, a sector of the economy, system, which means EPA will not as follows: productivity, competition, jobs, the know your identity, e-mail address, or • 40 CFR 94.8(a): Restoring the text environment, public health or safety, or other contact information unless you describing the emission standards for State, Local, or Tribal governments or provide it in the body of your comment. recreational marine diesel engines to communities; • ii. E-mail. Comments may be sent by Table A–1. Create a serious inconsistency or electronic mail (e-mail) to a-and-r- • 40 CFR 94.8(e): Restoring the text otherwise interfere with an action taken [email protected] Attention Air Docket ID describing the not-to-exceed standards or planned by another agency; • No. OAR–2003–0046. In contrast to for recreational marine diesel engines. Materially alter the budgetary EPA’s electronic public docket, EPA’s e- • 40 CFR 94.9(a): Restoring the text impact of entitlements, grants, user fees, mail system is not an ‘‘anonymous describing the useful-life values for or loan programs, or the rights and access’’ system. If you send an e-mail recreational marine diesel engines. obligations of recipients thereof; or comment directly to the Docket without • 40 CFR 94.12(h): Renumbering the • Raise novel legal or policy issues going through EPA’s electronic public provisions regarding flexibility for arising out of legal mandates, the docket, EPA’s e-mail system small-volume boat builders. President’s priorities, or the principles automatically captures your e-mail In addition, this rule corrects several set forth in the Executive Order. address. E-mail addresses that are typographical errors that do not affect This direct final rule is not a automatically captured by EPA’s e-mail the substance of the regulations: significant regulatory action as it merely system are included as part of the • 40 CFR 94.2: Renumbering the restores previously adopted regulatory comment that is placed in the official paragraph designations under the text that was inadvertently supplanted public docket, and made available in definition for ‘‘New vessel.’’ by a subsequent rule and corrects EPA’s electronic public docket. • 40 CFR 94.8(e): Removing the several typographical errors that do not iii. Disk or CD ROM. You may submit model year for Tier 2 standards for affect the substance of the regulations. comments on a disk or CD ROM that Category 3 engines, consistent with There are no new costs associated with you mail to the mailing address § 94.8(a)(2)(ii). this rule. A Final Regulatory Support identified in ADDRESSES above. These • 40 CFR 94.9(a)(1)(iv): Adding the Document was prepared in connection electronic submissions will be accepted word ‘‘engines’’ to complete the with the original regulations for

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recreational marine diesel engines as the small entities that potentially would or uniquely affect small governments. promulgated on November 8, 2002 (67 be subject to that rule’s requirements (67 EPA has determined that this rule FR 68242) and we have no reason to FR 68331). For a full description of the contains no federal mandates that may believe that our analysis in the original Panel process, the SBAR report, and the result in expenditures of more than rulemaking is inadequate. The relevant Initial Regulatory Flexibility Analysis $100 million to the private sector in any analysis is available in the docket for (in Chapter 8 of the Draft Regulatory single year. This direct final rule merely the November 8, 2002 rulemaking (A– Support Document), refer to the docket restores previously adopted regulatory 2000–01) and at the following internet for the original recreational marine text that was inadvertently supplanted address: http://www.epa.gov/otaq/ diesel rulemaking (Public Docket A– by a subsequent rule and corrects marine.htm. The original action was 2000–01) and the following internet several typographical errors that do not submitted to the Office of Management address: http://www.epa.gov/otaq/ affect the substance of the regulations. and Budget for review under Executive marine.htm. The requirements of UMRA therefore do Order 12866. not apply to this action. D. Unfunded Mandates Reform Act B. Paperwork Reduction Act Title II of the Unfunded Mandates E. Executive Order 13132: Federalism This direct final rule does not include Reform Act of 1995 (UMRA), Public Executive Order 13132, entitled any new collection requirements, as it Law 104–4, establishes requirements for ‘‘Federalism’’ (64 FR 43255, August 10, merely restores previously adopted federal agencies to assess the effects of 1999), requires EPA to develop an regulatory text that was inadvertently their regulatory actions on state, local, accountable process to ensure supplanted by a subsequent rule and and tribal governments and the private ‘‘meaningful and timely input by State corrects several typographical errors sector. Under section 202 of the UMRA, and local officials in the development of that do not affect the substance of the EPA generally must prepare a written regulatory policies that have federalism regulations. The information collection statement, including a cost-benefit implications.’’ ‘‘Policies that have requirements (ICR) for the original analysis, for proposed and final rules federalism implications’’ are defined in recreational marine diesel rulemaking with ‘‘federal mandates’’ that may result the Executive Order to include (67 FR 68242, November 8, 2002) were in expenditures to state, local, and tribal regulations that have ‘‘substantial direct approved on January 31, 2003 by the governments, in the aggregate, or to the effects on the States, on the relationship Office of Management and Budget private sector, of $100 million or more between the national government and (OMB) under the Paperwork Reduction in any one year. Before promulgating an the States, or on the distribution of Act, 44 U.S.C. 3501 et seq. (EPA EPA rule for which a written statement power and responsibilities among the #1897.04; OMB control number 2060– is needed, section 205 of the UMRA various levels of government.’’ 0460). We published notice of OMB’s generally requires EPA to identify and Under Section 6 of Executive Order approval on February 28, 2003 (68 FR consider a reasonable number of 13132, EPA may not issue a regulation 9778). regulatory alternatives and adopt the that has federalism implications, that least costly, most cost-effective, or least imposes substantial direct compliance C. Regulatory Flexibility Act burdensome alternative that achieves costs, and that is not required by statute, EPA has determined that it is not the objectives of the rule. The unless the Federal government provides necessary to prepare a regulatory provisions of section 205 do not apply the funds necessary to pay the direct flexibility analysis in connection with when they are inconsistent with compliance costs incurred by State and this direct final rule. EPA has also applicable law. Moreover, section 205 local governments, or EPA consults with determined that this rule will not have allows EPA to adopt an alternative other State and local officials early in the a significant economic impact on a than the least costly, most cost-effective, process of developing the regulation. substantial number of small entities. For or least burdensome alternative if the EPA also may not issue a regulation that purposes of assessing the impacts of this Administrator publishes with the final has federalism implications and that final rule on small entities, a small rule an explanation of why such an preempts State law, unless the Agency entity is defined as: (1) A small business alternative was adopted. consults with State and local officials that meet the definition for business Before EPA establishes any regulatory early in the process of developing the based on SBA size standards; (2) a small requirements that may significantly or regulation. governmental jurisdiction that is a uniquely affect small governments, Section 4 of the Executive Order government of a city, county, town, including tribal governments, it must contains additional requirements for school district or special district with a have developed under section 203 of the rules that preempt State or local law, population of less than 50,000; and (3) UMRA a small government agency plan. even if those rules do not have a small organization that is any not-for- The plan must provide for notifying federalism implications (i.e., the rules profit enterprise which is independently potentially affected small governments, will not have substantial direct effects owned and operated and is not enabling officials of affected small on the States, on the relationship dominant in its field. This direct final governments to have meaningful and between the national government and rule merely restores previously adopted timely input in the development of EPA the states, or on the distribution of regulatory text that was inadvertently regulatory proposals with significant power and responsibilities among the supplanted by a subsequent rule and federal intergovernmental mandates, various levels of government). Those corrects several typographical errors and informing, educating, and advising requirements include providing all that do not affect the substance of the small governments on compliance with affected State and local officials notice regulations. the regulatory requirements. and an opportunity for appropriate Prior to proposing the original This rule contains no Federal participation in the development of the recreational marine diesel rulemaking mandates for State, local, or tribal regulation. If the preemption is not on November 8, 2002, EPA conducted governments as defined by the based on express or implied statutory outreach to small entities and convened provisions of Title II of the UMRA. The authority, EPA also must consult, to the a Small Business Advocacy Review rule imposes no enforceable duties on extent practicable, with appropriate (SBAR) Panel to obtain advice and any of these governmental entities. State and local officials regarding the recommendations of representatives of Nothing in the rule would significantly conflict between State law and

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Federally protected interests within the typographical errors that do not affect directs EPA to provide Congress, agency’s area of regulatory the substance of the regulations. Thus, through OMB, explanations when the responsibility. Executive Order 13175 does not apply Agency decides not to use available and This rule does not have federalism to this rule. applicable voluntary consensus implications. It will not have substantial standards. direct effects on the States, on the G. Executive Order 13045: Protection of relationship between the national Children From Environmental Health This direct final rule does not involve government and the States, or on the and Safety Risks technical standards. It merely restores distribution of power and Executive Order 13045, ‘‘Protection of previously adopted regulatory text that responsibilities among the various Children from Environmental Health was inadvertently supplanted by a levels of government, as specified in Risks and Safety Risks’’ (62 FR 19885, subsequent rule and corrects several Executive Order 13132. This direct final April 23, 1997) applies to any rule that typographical errors that do not affect rule merely restores previously adopted (1) is determined to be ‘‘economically the substance of the regulations. Thus, regulatory text that was inadvertently significant’’ as defined under Executive we have determined that the supplanted by a subsequent rule and Order 12866, and (2) concerns an requirements of the NTTAA do not corrects several typographical errors environmental health or safety risk that apply. that do not affect the substance of the EPA has reason to believe may have a regulations. Although section 6 of disproportionate effect on children. If J. Congressional Review Act the regulatory action meets both criteria, Executive Order 13132 did not apply to The Congressional Review Act, 5 section 5–501 of the Order directs the the original recreational marine diesel U.S.C. 801 et seq., as amended by the rule (67 FR 68242, November 8, 2002), Agency to evaluate the environmental Small Business Regulatory Enforcement EPA did consult with representatives of health or safety effects of the planned Fairness Act of 1996, generally provides various State and local governments in rule on children, and explain why the developing that rule. EPA has also planned regulation is preferable to other that before a rule may take effect, the consulted representatives from potentially effective and reasonably agency promulgating the rule must STAPPA/ALAPCO, which represents feasible alternatives considered by the submit a rule report, which includes a state and local air pollution officials. Agency. copy of the rule, to Congress and the This rule is not subject to the Comptroller General of the United F. Executive Order 13175: Consultation Executive Order because it is not States. We will submit a report and Coordination With Indian Tribal economically significant, and does not containing this rule and other required Governments involve decisions on environmental information to the U.S. Senate, the U.S. Executive Order 13175, entitled health or safety risks that may House of Representatives, and the ‘‘Consultation and Coordination with disproportionately affect children. Comptroller General of the United Indian Tribal Governments’’ (59 FR H. Executive Order 13211: Actions That States before publication of the rule in 22951, November 6, 2000), requires EPA the Federal Register. A major rule to develop an accountable process to Significantly Affect Energy Supply, Distribution, or Use cannot take effect until 60 days after it ensure ‘‘meaningful and timely input by is published in the Federal Register. tribal officials in the development of This rule is not a ‘‘significant energy This action is not a ‘‘major rule’’ as regulatory policies that have tribal action’’ as defined in Executive Order defined by 5 U.S.C. 804(2). This direct implications.’’ ‘‘Policies that have tribal 13211, ‘‘Actions Concerning Regulations final rule is effective on November 3, implications’’ is defined in the That Significantly Affect Energy Supply, Executive Order to include regulations Distribution, or Use’’ (66 FR 28355, May 2003. that have ‘‘substantial direct effects on 22, 2001) because it is not likely to have K. Statutory Authority one or more Indian tribes, on the a significant adverse effect on the relationship between the Federal supply, distribution or use of energy. The statutory authority for this action government and the Indian tribes, or on This direct final rule merely restores comes from sections 114, 213, and the distribution of power and previously adopted regulatory text that 301(a) of the Clean Air Act as amended responsibilities between the Federal was inadvertently supplanted by a (42 U.S.C. 7414, 7547, and 7601(a)). government and Indian tribes.’’ subsequent rule and corrects several This action is a rulemaking subject to This rule does not have tribal typographical errors that do not affect the provisions of Clean Air Act section implications. It will not have substantial the substance of the regulations. 307(d). See 42 U.S.C. 7606(d)(1). direct effects on tribal governments, on the relationship between the Federal I. National Technology Transfer and List of Subjects in 40 CFR Part 94 government and Indian tribes, or on the Advancement Act distribution of power and Section 12(d) of the National Environmental protection, responsibilities between the Federal Technology Transfer and Advancement Administrative practice and procedure, government and Indian tribes, as Act of 1995 (‘‘NTTAA’’), Public Law Air pollution control, Confidential specified in Executive Order 13175. 104–113, section 12(d) (15 U.S.C. 272 business information, Imports, This rule does not uniquely affect the note) directs EPA to use voluntary Penalties, Reporting and recordkeeping communities of Indian Tribal consensus standards in its regulatory requirements, Vessels, Warranties. Governments. Further, no circumstances activities unless doing so would be Dated: September 12, 2003. specific to such communities exist that inconsistent with applicable law or Marianne Lamont Horinko, would cause an impact on these otherwise impractical. Voluntary communities beyond those discussed in consensus standards are technical Acting Administrator. the other sections of this rule. This standards (such as materials ■ For the reasons set out in the preamble, direct final rule merely restores specifications, test methods, sampling title 40, chapter I of the Code of Federal previously adopted regulatory text that procedures, and business practices) that Regulations is amended as set forth was inadvertently supplanted by a are developed or adopted by voluntary below. subsequent rule and corrects several consensus standards bodies. NTTAA

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PART 94—CONTROL OF EMISSIONS Subpart A—[Amended] ■ 3. Section 94.8 is amended by revising FROM MARINE COMPRESSION- Table A–1 in paragraph (a)(2)(i) and IGNITION ENGINES ■ 2. Section 94.2 is amended by paragraph (e) to read as follows: redesignating paragraphs (1)(iii)(A)(2) ■ 1. The authority citation for part 94 § 94.8 Exhaust emission standards. continues to read as follows: and (3) of the definition of ‘‘New vessel’’ as paragraphs (1)(iii)(B) and (C). (a) * * * Authority: 42 U.S.C. 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7545, 7547, 7549, (2) (i) * * * 7550 and 7601(a).

TABLE A–1.—PRIMARY TIER 2 EXHAUST EMISSION STANDARDS (G/KW-HR)

a THC+NOX Engine Size liters/cylinder, rated power Category Model year g/kW-hr CO g/kW-hr PM g/kW-hr

disp. <0.9 and power ≥37 kW ...... Category 1, Commercial ...... 2005 7.5 5.0 0.40 Category 1, Recreational ...... 2007 7.5 5.0 0.40 0.9 ≤ disp. <1.2 all power levels ...... Category 1, Commercial ...... 2004 7.2 5.0 0.30 Category 1, Recreational ...... 2006 7.2 5.0 0.30 1.2 ≤ disp. <2.5 all power levels ...... Category 1, Commercial ...... 2004 7.2 5.0 0.20 Category 1, Recreational ...... 2006 7.2 5.0 0.20 2.5 ≤ disp. <5.0 all power levels ...... Category 1, Commercial ...... 2007 7.2 5.0 0.20 Category 1, Recreational ...... 2009 7.2 5.0 0.20 5.0 ≤ disp. <15.0 all power levels ...... Category 2 ...... 2007 7.8 5.0 0.27 15.0 ≤ disp. <20.0 power <3300 kW ...... Category 2 ...... 2007 8.7 5.0 0.50 15.0 ≤ disp. <20.0 power ≥3300 kW ...... Category 2 ...... 2007 9.8 5.0 0.50 20.0 ≤ disp. <25.0 all power levels ...... Category 2 ...... 2007 9.8 5.0 0.50 25.0 ≤ disp. <30.0 all power levels ...... Category 2 ...... 2007 11.0 5.0 0.50 disp. ≥30.0 all power levels ...... Category 3 ...... See paragraph (a)(2)(ii) of this section a The model years listed indicate the model years for which the specified standards start.

* * * * * FELs) when tested in accordance with § 94.9 Compliance with emission (e) Exhaust emissions from Category 1 the supplemental test procedures standards. and Category 2 propulsion engines specified in § 94.106 at loads greater (a) * * * subject to the standards (or FELs) in than or equal to 45 percent of the paragraph (a), (c), or (f) of this section maximum power at rated speed and (1) The minimum useful life is: shall not exceed: speeds less than 95 percent of maximum (i) 10 years or 1,000 hours of (1) Commercial marine engines. (i) test speed, or 1.50 times the applicable operation for recreational Category 1 1.20 times the applicable standards (or standards (or FELs) at loads less than 45 engines. FELs) when tested in accordance with percent of the maximum power at rated (ii) 10 years or 10,000 hours of the supplemental test procedures speed, or 1.50 times the applicable operation for commercial Category 1 specified in § 94.106 at loads greater standards (or FELs) at any loads for engines. than or equal to 45 percent of the speeds greater than or equal to 95 maximum power at rated speed or 1.50 percent of the maximum test speed. (iii) 10 years or 20,000 hours of operation for Category 2 engines. times the applicable standards (or FELs) (ii) As an option, the manufacturer at loads less than 45 percent of the may choose to comply with limits of (iv) 3 years or 10,000 hours of maximum power at rated speed. 1.25 times the applicable standards (or operation for Category 3 engines. (ii) As an option, the manufacturer FELs) when tested over the whole * * * * * may choose to comply with limits of power range in accordance with the 1.25 times the applicable standards (or supplemental test procedures specified § 94.12 [Amended] FELs) when tested over the whole in § 94.106, instead of the limits in ■ 5. Section 94.12 is amended by power range in accordance with the paragraph (e)(2)(i) of this section. supplemental test procedures specified redesignating paragraph (f) as paragraph in § 94.106, instead of the limits in * * * * * (h) and reserving paragraph (f). paragraph (e)(1)(i) of this section. ■ 4. Section 94.9 is amended by revising [FR Doc. 03–23848 Filed 9–18–03; 8:45 am] (2) Recreational marine engines. (i) paragraph (a)(1) to read as follows: BILLING CODE 6560–50–P 1.20 times the applicable standards (or

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ENVIRONMENTAL PROTECTION receive adverse comment. We have 4:30 p.m., Monday through Friday, AGENCY explained our reasons for today’s action except on government holidays. You in detail in the preamble to the direct can reach the Air Docket by telephone 40 CFR Part 94 final rule. If we receive adverse at (202) 566–1742 and by facsimile at [AMS–FRL–7561–3] comment, we will withdraw the direct (202) 566–1741. You may be charged a final rule prior to its effective date, and reasonable fee for photocopying docket Control of Emissions From New Marine will address all public comments in a materials, as provided in 40 CFR part 2. Diesel Engines subsequent final rule based on this Comments may also be submitted proposed rule. We will not institute a electronically, by facsimile, or through AGENCY: Environmental Protection second comment period on this action. hand delivery/courier. Follow the Agency (EPA). Any parties interested in commenting detailed instructions as provided in the ACTION: Notice of proposed rulemaking. must do so at this time. SUPPLEMENTARY INFORMATION section. SUMMARY: This proposed rule restores DATES: Written comments must be FOR FURTHER INFORMATION CONTACT: certain regulatory text that was adopted received by October 20, 2003. Request Alan Stout, Assessment and Standards for recreational marine diesel engines for a public hearing must be received by Division, e-mail [email protected], on November 8, 2002 and corrects October 6, 2003. If we receive a request voice-mail (734) 214–4636. for a public hearing, we will publish several typographical errors that do not SUPPLEMENTARY INFORMATION: affect the substance of the regulations. information related to the timing and On February 28, 2003, we promulgated location of the hearing and the timing of I. General Information a new deadline for public comments. a final rule for Category 3 marine diesel A. Regulated Entities engines. In doing so, we inadvertently ADDRESSES: Comments: All comments supplanted some sections of the and materials relevant to this action This action will affect companies and regulatory text that were adopted in the should be submitted to Public Docket persons that manufacture, sell, or November 8, 2002 final rule for No. A–2001–11 by the date indicated import into the United States new recreational marine diesel engines. This under DATES above. Materials relevant to marine compression-ignition engines for notice proposes to restore that this rulemaking are in Public Dockets use on vessels flagged or registered in regulatory text. A–2000–01 and A–2001–11 at the the United States; companies and We are publishing in the ‘‘Rules and following address: EPA Docket Center persons that make vessels that will be Regulations’’ section of today’s Federal (EPA/DC), Public Reading Room, Room flagged or registered in the United States Register a direct final rule that will B102, EPA West Building, 1301 and that use such engines; and the replace the recreational marine diesel Constitution Avenue, NW., Washington, owners or operators of such U.S. text and correct the typographical errors DC. The EPA Docket Center Public vessels. Affected categories and entities without further EPA action unless we Reading Room is open from 8:30 a.m. to include the following:

Category NAICS Examples of potentially affected entities Code a

Industry ...... 333618 Manufacturers of new marine diesel engines. Industry ...... 336611 Manufacturers of marine vessels. a North American Industry Classification System (NAICS)

This list is not intended to be was inadvertently supplanted by a subject to the requirements of Executive exhaustive, but rather provides a guide subsequent rule. It also corrects several Order 12866. There are no new costs regarding entities likely to be affected by typographical errors, related to the associated with this rule. A Final this action. To determine whether regulation of recreational marine diesel Regulatory Support Document was particular activities may be affected by and Category 3 marine diesel engines, prepared in connection with the original this action, you should carefully that do not affect the substance of the regulations for recreational marine examine the regulations. You may direct regulations. For additional discussion of diesel engines as promulgated on questions regarding the applicability of these changes, see the direct final rule November 8, 2002 (67 FR 68242) and we this action as noted in FOR FURTHER EPA has published in the ‘‘Rules and have no reason to believe that our INFORMATION CONTACT. Regulations’’ section of today’s Federal analysis in the original rulemaking is Register. This proposal incorporates by B. How Can I Get Copies of This inadequate. The relevant analysis is reference all the reasoning, explanation, Document and Send Comments? available in the docket for the November and regulatory text from the direct final 8, 2002 rulemaking (A–2000–01) and at rule. See the direct final rule EPA has the following internet address: http:// published in the ‘‘Rules and III. Statutory and Executive Order www.epa.gov/otaq/marine.htm. The Regulations’’ section of today’s Federal Reviews original action was submitted to the Register for information about accessing Office of Management and Budget for these documents. The direct final rule A. Executive Order 12866: Regulatory review under Executive Order 12866. also includes detailed instructions for Planning and Review See the direct final rule EPA has sending comments to EPA. Because this rule merely restores published in the ‘‘Rules and previously adopted regulatory text that II. Summary of Rule Regulations’’ section of today’s Federal was inadvertently supplanted by a This rule merely restores previously subsequent rule and corrects several Register for a more extensive discussion adopted regulatory text in 40 CFR part typographical errors that do not affect of Executive Order 12866. 94, related to the regulation of the substance of the regulations, it is not recreational marine diesel engines, that a significant regulatory action and is not

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B. Paperwork Reduction Act governments as defined by the specific to such communities exist that This rule does not include any new provisions of Title II of the UMRA. The would cause an impact on these collection requirements, as it merely rule imposes no enforceable duties on communities beyond those discussed in restores previously adopted regulatory any of these governmental entities. the other sections of this rule. This rule text that was inadvertently supplanted Nothing in the rule would significantly merely restores previously adopted by a subsequent rule and corrects or uniquely affect small governments. regulatory text that was inadvertently several typographical errors that do not EPA has determined that this rule supplanted by a subsequent rule and affect the substance of the regulations. contains no federal mandates that may corrects several typographical errors The information collection requirements result in expenditures of more than that do not affect the substance of the (ICR) for the original recreational marine $100 million to the private sector in any regulations. Thus, Executive Order diesel rulemaking (67 FR 68242, single year. This rule merely restores 13175 does not apply to this rule. See November 8, 2002) were approved on previously adopted regulatory text that the direct final rule EPA has published was inadvertently supplanted by a January 31, 2003 by the Office of in the ‘‘Rules and Regulations’’ section subsequent rule and corrects several Management and Budget (OMB) under of today’s Federal Register for a more the Paperwork Reduction Act, 44 U.S.C. typographical errors that do not affect the substance of the regulations. The extensive discussion of Executive Order 3501 et seq. We published notice of 13175. OMB’s approval on February 28, 2003 requirements of UMRA therefore do not (68 FR 9778). apply to this action. See the direct final G. Executive Order 13045: Protection of rule EPA has published in the ‘‘Rules Children From Environmental Health C. Regulatory Flexibility Act and Regulations’’ section of today’s and Safety Risks The RFA generally requires an agency Federal Register for a more extensive to prepare a regulatory flexibility discussion of UMRA policy. This rule is not subject to the analysis of any rule subject to notice E. Executive Order 13132: Federalism Executive Order because it is not and comment rulemaking requirements economically significant, and does not under the Administrative Procedure Act This rule does not have federalism involve decisions on environmental or any other statute unless the agency implications. It will not have substantial health or safety risks that may certifies that the rule will not have a direct effects on the States, on the disproportionately affect children. See significant economic impact on a relationship between the national the direct final rule EPA has published substantial number of small entities. government and the States, or on the in the ‘‘Rules and Regulations’’ section Small entities include small businesses, distribution of power and of today’s Federal Register for a more responsibilities among the various small organizations, and small extensive discussion of Executive Order levels of government, as specified in governmental jurisdictions. 13045. For purposes of assessing the impacts Executive Order 13132. This rule merely of this rule on small entities, a small restores previously adopted regulatory H. Executive Order 13211: Actions That entity is defined as: (1) A small business text that was inadvertently supplanted Significantly Affect Energy Supply, with fewer than 1,000 employees, by a subsequent rule and corrects Distribution, or Use consistent with the definition for several typographical errors that do not business based on SBA size standards; affect the substance of the regulations. This rule is not a ‘‘significant energy (2) a small governmental jurisdiction Although Section 6 of Executive Order action’’ as defined in Executive Order that is a government of a city, county, 13132 did not apply to the original 13211, ‘‘Actions Concerning Regulations town, school district or special district recreational marine diesel rule (67 FR That Significantly Affect Energy Supply, with a population of less than 50,000; 68242, November 8, 2002), EPA did Distribution, or Use’’ (66 FR 28355, May and (3) a small organization that is any consult with representatives of various 22, 2001) because it is not likely to have not-for-profit enterprise which is State and local governments in a significant adverse effect on the independently owned and operated and developing that rule. EPA has also supply, distribution or use of energy. is not dominant in its field. consulted representatives from This rule merely restores previously After considering the economic STAPPA/ALAPCO, which represents adopted regulatory text that was impacts of today’s proposed rule on state and local air pollution officials. inadvertently supplanted by a small entities, I certify that this action See the direct final rule EPA has subsequent rule and corrects several will not have a significant economic published in the ‘‘Rules and typographical errors that do not affect impact on a substantial number of small Regulations’’ section of today’s Federal the substance of the regulations. entities. This proposed rule will not Register for a more extensive discussion impose any new requirements on small of Executive Order 13132. I. National Technology Transfer and Advancement Act entities. This rule merely restores F. Executive Order 13175: Consultation previously adopted regulatory text that and Coordination With Indian Tribal This rule does not involve technical was inadvertently supplanted by a Governments standards. It merely restores previously subsequent rule and corrects several adopted regulatory text that was typographical errors that do not affect This rule does not have tribal the substance of the regulations. See the implications. It will not have substantial inadvertently supplanted by a direct final rule EPA has published in direct effects on tribal governments, on subsequent rule and corrects several the ‘‘Rules and Regulations’’ section of the relationship between the Federal typographical errors that do not affect today’s Federal Register for a more government and Indian tribes, or on the the substance of the regulations. Thus, extensive discussion of EPA’s distribution of power and we have determined that the compliance with the Regulatory responsibilities between the Federal requirements of the NTTAA do not Flexibility Act. government and Indian tribes, as apply. See the direct final rule EPA has specified in Executive Order 13175. published in the ‘‘Rules and D. Unfunded Mandates Reform Act This rule does not uniquely affect the Regulations’’ section of today’s Federal This rule contains no federal communities of Indian Tribal Register for a more extensive discussion mandates for state, local, or tribal Governments. Further, no circumstances of NTTAA policy.

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J. Statutory Authority List of Subjects in 40 CFR Part 94 Dated: September 12, 2003. The statutory authority for this action Environmental protection, Marianne Lamont Horinko, comes from sections 114, 213, and Administrative practice and procedure, Acting Administrator. 301(a) of the Clean Air Act as amended Air pollution control, Confidential [FR Doc. 03–23849 Filed 9–18–03; 8:45 am] (42 U.S.C. 7414, 7547, and 7601(a)). business information, Imports, BILLING CODE 6560–50–P This action is a rulemaking subject to Incorporation by reference, Penalties, the provisions of Clean Air Act section Reporting and recordkeeping 307(d). See 42 U.S.C. 7606(d)(1). requirements, Vessels, Warranties.

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Part IV

The President

Presidential Determination No. 2003–34 of September 9, 2003—Presidential Determination on Certification to Permit U.S. Contributions to the International Fund for Ireland with Fiscal Year 2002 and 2003 ESF Funds Memorandum of September 12, 2003— Delegation of Functions Related to Loan Guarantees to Israel Presidential Determination No. 2003–37 of September 14, 2003—U.S. Contribution to the Korean Peninsula Energy Development Organization Presidential Determination No. 2003–38 of September 15, 2003—Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2004 Proclamation 7705—Citizenship Day and Constitution Week, 2003

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Federal Register Presidential Documents Vol. 68, No. 182

Friday, September 19, 2003

Title 3— Presidential Determination No. 2003–34 of September 9, 2003

The President Presidential Determination on Certification to Permit U.S. Contributions to the International Fund for Ireland with Fiscal Year 2002 and 2003 ESF Funds

Memorandum for the Secretary of State

Consistent with section 5(c) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415), as amended by section 2811 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (as contained in Public Law 105–277), I hereby certify that I am satisfied that: (1) the Board of the International Fund for Ireland, as a whole, is broadly representative of the interests of the communities in Ireland and Northern Ireland; and (2) disbursements from the International Fund for Ireland (a) will be distributed to individuals and entities whose practices are consistent with principles of economic justice; and (b) will address the needs of both communities in Northern Ireland and will create employment opportunities in regions and communities of Northern Ireland suffering from high rates of unemployment. You are authorized and directed to transmit this certification, together with the memorandum of justification prepared by my Administration, to the Congress and to publish this certification in the Federal Register. W THE WHITE HOUSE, Washington, September 9, 2003.

[FR Doc. 03–24109 Filed 9–18–03; 8:45 am] Billing code 4710–10–P

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Memorandum of September 12, 2003

Delegation of Functions Related to Loan Guarantees to Israel

Memorandum for the Secretary of State

By the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of State the functions conferred upon the President under the heading ‘‘Loan Guarantees to Israel’’ in chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11). You are authorized and directed to publish this memorandum in the Federal Register. W THE WHITE HOUSE, Washington, September 12, 2003.

[FR Doc. 03–24108 Filed 9–18–03; 8:45 am] Billing code 4710–10–P

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Presidential Determination No. 2003–37 of September 14, 2003

U.S. Contribution to the Korean Peninsula Energy Develop- ment Organization: Determination Regarding Funds Under the Heading ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’ in Title II of the Foreign Operations, Ex- port Financing and Related Programs Appropriations, 2003, Division E of the Consolidated Appropriations Resolution, 2003 (Public Law 108–7) (the ‘‘Act’’)

Memorandum for the Secretary of State

Consistent with the authority vested in me by section 562 of Division E of the Act, I hereby determine that it is vital to the national security interests of the United States to waive the restriction in that section and provide up to $3.72 million in funds made available under the heading ‘‘Non- proliferation, Anti-Terrorism, Demining and Related Programs’’ in title II of Division E of the Act, for assistance to the Korean Peninsula Energy Development Organization (KEDO) for administrative expenses only. You are hereby authorized and directed to report this determination and the accompanying Memorandum of Justification, prepared by my Administra- tion, to the Congress and to arrange for publication of this determination in the Federal Register. W THE WHITE HOUSE, Washington, September 14, 2003.

[FR Doc. 03–24110 Filed 9–18–03; 8:45 am] Billing code 4710–10–P

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Presidential Determination No. 2003–38 of September 15, 2003

Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for 2004

Memorandum for the Secretary of State

Consistent with section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) (the ‘‘FRAA’’), I hereby identify the following countries as major drug-transit or major illicit drug producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma, China, Colom- bia, Dominican Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam. The Majors List applies by its terms to ‘‘countries’’. The United States Government interprets the term broadly to include entities that exercise autonomy over actions or omissions that could lead to a decision to place them on the list and, subsequently, to determine their eligibility for certifi- cation. A country’s presence on the Majors List is not necessarily an adverse reflection of its government’s counternarcotics efforts or level of cooperation with the United States. Consistent with the statutory definition of a major drug-transit or drug- producing country set forth in section 481(e)(5) of the Foreign Assistance Act of 1961, as amended (the ‘‘FAA’’), one of the reasons that major drug- transit or drug producing countries are placed on the list is the combination of geographical, commercial, and economic factors that allow drugs to transit or be produced despite the concerned government’s most assiduous enforce- ment measures. Consistent with section 706(2)(A) of the FRAA, I hereby designate Burma and Haiti as countries that have failed demonstrably during the previous 12 months to adhere to their obligations under international counternarcotics agreements and take the measures set forth in section 489(a)(1) of the FAA. Attached to this report are justifications (statements of explanation) for each of the countries so designated, as required by section 706(2)(B). I have also determined, in accordance with provisions of section 706(3)(A) of the FRAA, that provision of U.S. assistance to Haiti in FY 2004 is vital to the national interests of the United States. Combating the threat of synthetic drugs remains a priority, particularly the threat from club drugs, including MDMA (Ecstasy). Since January, we have redoubled our efforts with The Netherlands, from which the majority of U.S. MDMA seizures originate. I commend the Government of The Nether- lands for its efforts to address this scourge, including increased enforcement, improved risk assessment and targeting capabilities of passenger aircraft and cargo, and international cooperation to control precursor chemicals. I urge the Government of The Netherlands to focus its efforts on dismantling the significant criminal organizations responsible for this illicit trade, using all tools available to law enforcement. Continued progress in implementing our joint action plan, developed in March, should have a significant impact on the production and transit of MDMA from The Netherlands to the United States. Although we have seen a stabilization of MDMA use rates domesti- cally, there is an increase in the number of countries in which MDMA is produced and trafficked. We will continue to monitor the threat from synthetic drugs and the emerging trends.

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The United States and Canada are both targeted by international trafficking organizations. We continue to work closely with the Government of Canada to stem the flow of illicit drugs to our countries and across our common borders. The United States remains concerned about the diversion of large quantities of precursor chemicals from Canada into the United States for use in producing methamphetamines. We hope that Canada’s newly imple- mented control regulations will disrupt that flow. The United States is also concerned about widespread Canadian cultivation of high-potency mari- juana, significant amounts of which are smuggled into the United States from Canada. We will work with the Government of Canada in the coming year to combat these shared threats to the security and health of our citizens. In the 8 months since my January determination that Guatemala had failed demonstrably in regard to its counternarcotics responsibilities, the Govern- ment of Guatemala has made efforts to improve its institutional capabilities, adhere to its obligations under international counternarcotics agreements, and take measures set forth in U.S. law. These initial steps show Guatemala’s willingness to better its counternarcotics practices, but the permanence of these improvements has yet to be demonstrated. I expect Guatemala to continue its efforts and to demonstrate further progress in the coming year. We are deeply concerned about heroin and methamphetamine linked to North Korea being trafficked to East Asian countries, and are increasingly convinced that state agents and enterprises in the DPRK are involved in the narcotics trade. While we suspect opium poppy is cultivated in the DPRK, reliable information confirming the extent of opium production is currently lacking. There are also clear indications that North Koreans traffic in, and probably manufacture, methamphetamine. In recent years, authorities in the region have routinely seized shipments of methamphetamine and/ or heroin that had been transferred to traffickers’ ships from North Korean vessels. The April 2003 seizure of 125 kilograms of heroin smuggled to Australia aboard the North Korean-owned vessel ‘‘Pong Su’’ is the latest and largest seizure of heroin pointing to North Korean complicity in the drug trade. Although there is no evidence that narcotics originating in or transiting North Korea reach the United States, the United States is inten- sifying its effort to stop North Korean involvement in illicit narcotics produc- tion and trafficking and to enhance law-enforcement cooperation with af- fected countries in the region to achieve that objective. You are hereby authorized and directed to submit this report under section 706 of the FRAA, transmit it to the Congress, and publish it in the Federal Register. W THE WHITE HOUSE, Washington, September 15, 2003.

Billing code 4710–10–P

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Statement of Explanation Burma

The United States has determined that Burma failed demonstrably to make sufficient efforts during the last 12 months to meet its obligations under international counternarcotics agreements and the counternarcotics require- ments set forth in section 489(a)(1) of the Foreign Assistance Act of 1961, as amended. Burma remains among the world’s largest producers and traffickers of am- phetamine-type stimulants (ATS), and the world’s second largest producer of illicit opium. Although precise figures are hard to come by, production and trafficking of methamphetamine from Burma continues to be one of the most serious problems facing Southeast Asia. Neighboring countries seized tens of millions of ATS tablets produced in Burma with precursor chemicals imported from other countries, and the explosion of synthetic drugs remained a major threat to national security and public health through- out the region. The Government of Burma did little to hinder activities of drug gangs that operate freely along its borders with China, Thailand and Laos. Burma also failed to restrict involvement in illicit narcotics by the largest, most powerful, and most important trafficking organization in Burma, the United Wa State Army (UWSA). Major UWSA traffickers continue to operate with apparent impunity in areas outside government control, and UWSA involve- ment in methamphetamine production and trafficking remains a serious concern. Implementation of money laundering legislation, enacted in 2002, faltered in 2003. Despite opening a few cases, the Government of Burma has under- taken no prosecutions, and a February banking crisis appeared to have halted further efforts to implement the law. Burma continued to permit UWSA and other trafficking organizations to own commercial banks and invest in other economic activities. While the magnitude of the above issues resulted in a determination not to certify, Burma’s counternarcotics performance over the past 12 months registered some positive aspects. Although Burma remains the world’s second largest producer of illicit opium, opium cultivation declined a further 24 percent, according to the U.N. Office of Drugs and Crime. While the return of good weather brought much higher yields, overall production still declined for the sixth consecutive year. The Government of Burma cooperated with regional and international coun- ternarcotics agencies and organizations, resulting in several cases against traffickers and their organizations in cooperation with the United States, Australia, Thailand, China, and others. Burma also signed agreements in 2003 with China and India on the control of precursor chemicals. We urge the Government of Burma to address those areas where its efforts have fallen far short, and to treat its counternarcotics obligations with the utmost seriousness.

Statement of Explanation Haiti

The United States has determined that Haiti has failed demonstrably to make sufficient efforts during the last 12 months on counternarcotics issues, including its obligations under international counternarcotics agreements and counternarcotics requirements set forth in section 489(a)(1) of the Foreign Assistance Act of 1961 (as amended). Haiti remains a transshipment point for drugs moving towards the United States, and the Government of Haiti (GOH) has done little to cooperate with the United States to interdict the flow of drugs destined for the United States or to honor its commitments as a party to the 1988 U.N. Drug Convention.

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With the notable and praiseworthy exceptions of expelling notorious drug trafficker Jacques Ketant, establishing a trusted unit of anti-drug agents, and increasing the number of anti-drug police including coast guardsmen, the GOH has not met all of the objectives or obtained the results laid out by the United States Government in its demarche to the GOH this past year. The GOH did not: 1) deposit an instrument of ratification of the OAS anti-corruption convention; 2) draft and introduce anti-corruption legislation; 3) enforce existing anti-money-laundering legislation; 4) increase budgetary support for the Haitian Coast Guard; 5) ensure that asset forfeiture is an integral part of criminal prosecutions; 6) provide comprehensive training to judges, prosecutors and law enforcement personnel; 7) waive the right to exercise prosecutorial jurisdiction in cases of non-Haitian vessels inter- dicted by U.S. Coast Guard, and authorize enforcement of U.S. law against the vessels, cargo and persons on board; or 8) ratify the 1971 U.N. Convention on Psychotropic Substances. While Haiti has demonstrably failed, according to the President’s standards for counternarcotics performance, the U.S. vital national interests require that U.S. assistance to Haiti continue. As the hemisphere’s poorest country, Haiti has a continued need for assistance to programs that increase access to education, combat environmental degradation, fight the spread of HIV/ AIDS, reduce trafficking of women and children, and foster the creation of legitimate business and employment opportunities. In the long term, these programs can contribute to democratic development in Haiti and a reduction in illegal migration. Continuing these types of programs will also address the root causes of poverty and hopelessness, factors that contribute to Haitian involvement in the international drug trade. Suspension of assist- ance to Haiti could hamper U.S. efforts to ensure implementation of OAS Resolution 822, which commits the Government of Haiti to a series of actions that would promote a climate of security and confidence for free and fair legislative elections to be held in 2003.

[FR Doc. 03–24111 Filed 9–18–03; 8:45 am] Billing code 4710–10–P

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Proclamation 7705 of September 16, 2003

Citizenship Day and Constitution Week, 2003

By the President of the United States of America

A Proclamation In the summer of 1787, representatives from the States met in Philadelphia to establish a new Constitution that would unite America. They intended the Constitution to achieve six purposes: ‘‘to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.’’ Their work was successful and enduring. For more than two centuries, the American people have honored the foresight and wisdom of the Framers by respecting and defending our Constitution. Our Constitution and our country have grown stronger over the last 216 years—through wars, searing internal conflicts, and great social, economic, and technological change. In the last 2 years, America has again been tested, this time by terrorist attacks designed to strike at our people, our institutions, and our constitutional government. In the wake of those attacks, we have renewed and strengthened our commitment to a more perfect Union and common defense, to justice and domestic tranquility, to the general welfare and the blessings of liberty. On Citizenship Day and during Constitution Week, we remember those who have fought and those who have died to preserve, protect, and defend the Constitution. We recall and reiterate the vow of President Abraham Lincoln that these ‘‘dead shall not have died in vain—that this Nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.’’ In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizen- ship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106, as amended), designated September 17 as ‘‘Citizenship Day,’’ and by joint resolution of August 2, 1956 (36 U.S.C. 108, as amended), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as ‘‘Constitution Week.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim September 17, 2003, as Citizenship Day, and September 17 through September 23, 2003, as Constitution Week. I encourage Federal, State, and local officials, as well as leaders of civic, social, and educational organizations, to conduct ceremonies and programs to celebrate our Constitution and reaffirm our commitment as citizens to this great Nation.

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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty- eighth. W

[FR Doc. 03–24159 Filed 9–18–03; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 68, No. 182 Friday, September 19, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. No. 2003–37 of Presidential Documents 3 CFR September 15, Executive orders and proclamations 741–6000 Proclamations: 2003 ...... 54973 The United States Government Manual 741–6000 7463 (See Notice of September 10, 5 CFR Other Services 2003) ...... 53665 575...... 53667 Electronic and on-line services (voice) 741–6020 7697...... 52313 1201...... 54651 Privacy Act Compilation 741–6064 7698...... 52825 6501...... 52681 Public Laws Update Service (numbers, dates, etc.) 741–6043 7699...... 52827 6601...... 52682 TTY for the deaf-and-hard-of-hearing 741–6086 7700...... 52829 7201...... 52485 7701...... 53011 Proposed Rules: 7702...... 53013 ELECTRONIC RESEARCH 300...... 53054 7703...... 54321 930...... 52528 World Wide Web 7704...... 54323 7705...... 54977 7 CFR Full text of the daily Federal Register, CFR and other publications Executive Orders: is located at: http://www.access.gpo.gov/nara 245...... 53483 13223 (See Notice of 301...... 53873 Federal Register information and research tools, including Public September 10, 905 ...... 52325, 53015, 53021 Inspection List, indexes, and links to GPO Access are located at: 2003) ...... 53665 922...... 52329 http://www.archives.gov/federallregister/ 13235 (See Notice of 923...... 52329 September 10, E-mail 924...... 52329 2003) ...... 53665 944...... 53021 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13253 (See Notice of 948...... 52332, 53281 an open e-mail service that provides subscribers with a digital September 10, 996...... 53490 form of the Federal Register Table of Contents. The digital form 2003) ...... 53665 1150...... 52334 of the Federal Register Table of Contents includes HTML and 13286 (See Notice of Proposed Rules: PDF links to the full text of each document. September 10, 51...... 52857 To join or leave, go to http://listserv.access.gpo.gov and select 2003) ...... 53665 246...... 53903 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13303 (See EO 319...... 53910 (or change settings); then follow the instructions. 13315) ...... 52315 931...... 53306 13315...... 52315 PENS (Public Law Electronic Notification Service) is an e-mail 991...... 52860 Administrative Orders: service that notifies subscribers of recently enacted laws. 1000...... 52860 Memorandums: 1001...... 52860 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of March 1005...... 52860 and select Join or leave the list (or change settings); then follow 28, 2001 (See 1006...... 52860 the instructions. Memorandum of 1007...... 52860 FEDREGTOC-L and PENS are mailing lists only. We cannot August 29, 2003) ...... 52323 1030...... 52860 respond to specific inquiries. Memorandum of 1032...... 52860 August 29, 2003...... 52323 1033...... 52860 Reference questions. Send questions and comments about the Memorandum of July Federal Register system to: [email protected] 1124...... 52860 22, 2003 ...... 53869 1126...... 52860 The Federal Register staff cannot interpret specific documents or Memorandum of 1131...... 52860 regulations. September 12, 1135...... 52860 2003 ...... 53969 9 CFR FEDERAL REGISTER PAGES AND DATE, SEPTEMBER Notices: Notice of September 82...... 54797 52077–52312...... 2 10, 2003 ...... 53665 94...... 53873 52313–52484...... 3 Presidential 10 CFR 52485–52678...... 4 Determinations: No. 2003–33 of August 52679–52830...... 5 50...... 54123 27, 2003 ...... 52679 52831–53010...... 8 52...... 54123 No. 2003–34 of 72...... 54143 53011–53280...... 9 September 9, 53281–53482...... 10 2003 ...... 54967 11 CFR 53483–53664...... 11 No. 2003–35 of Proposed Rules: 53665–53870...... 12 September 9, 106...... 52529 53871–54122...... 15 2003 ...... 53871 110...... 52531 54123–54326...... 16 No. 2003–36 of 113...... 52531 54327–54650...... 17 September 12, 9004...... 52531 54651–54796...... 18 2003 ...... 54325 9034...... 52531 54797–54978...... 19 No. 2003–37 of September 14, 12 CFR 2003 ...... 54971 202...... 53491

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206...... 53283 21 CFR 535...... 53640 2...... 54704 220...... 52486 536...... 53640 520 ...... 54658, 54803, 54804 39 CFR 229...... 52077, 53672 522...... 54804, 54806 537...... 53640 545...... 53024 556...... 54658 538...... 53640 111...... 52100, 54664 550...... 53024 558...... 54658, 54806 539...... 53640 Proposed Rules: 562...... 52831 573...... 52339 540...... 53640 3001...... 52546 545...... 53640 Proposed Rules: 1308...... 53289, 53677 550...... 53640 614...... 53915 1310...... 53290 40 CFR 620...... 53915 560...... 53640 52 ...... 52104, 52106, 52110, Proposed Rules: 575...... 53640 630...... 53915 52510, 52512, 52691, 52837, 1301...... 53529 585...... 53640 900...... 54396 52838, 53515, 53883, 53887, 1308...... 52872 586...... 53640 932...... 54396 53891, 54160, 54163, 54167, 587...... 53640 955...... 54396 22 CFR 54362, 54366, 54672 998...... 54396 588...... 53640 230...... 53878 590...... 53640 61...... 54790 62...... 54369 14 CFR Proposed Rules: 591...... 53640 70 ...... 52517, 52691, 54170, 21...... 54520 96...... 54064 594...... 53640 98...... 54119 595...... 53640 54366, 54374 25 ...... 52684, 53026, 53028, 81...... 53515, 54672 53672, 54800 596...... 53640 23 CFR 597...... 53640 82...... 52841, 54677 39 ...... 52078, 52081, 52083, 94...... 54956 Proposed Rules: 598...... 53640 52085, 52087, 52337, 52487, 136...... 54934 650...... 53063 Proposed Rules: 52688, 52832, 52833, 52975, 180 ...... 52343, 52353, 52354, 53030, 53032, 53284, 53496, 500...... 53662 24 CFR 501...... 53662 52695, 53297, 54377, 54386, 53498, 53499, 53501, 53503, 54961 972...... 54600 505...... 53662 54327, 54653 261...... 53517 982...... 54335 515...... 53662 61...... 54520 271...... 52113 71 ...... 52088, 52487, 53032, Proposed Rules: 535...... 53662 536...... 53662 281...... 53520 53033, 53034, 53035, 53674, 972...... 54624 355...... 52978 53675, 53676, 54328, 54329 1000...... 53926 537...... 53662 Proposed Rules: 91...... 54520 538...... 53662 539...... 53662 Ch. I ...... 53687 95...... 54802 25 CFR 540...... 53662 30...... 54405 97...... 53035, 53287 Proposed Rules: 545...... 53662 31...... 54405 119...... 54520 Ch. 1 ...... 52151 550...... 53662 33...... 54405 121...... 53877 560...... 53662 35...... 54405 125...... 53877, 54520 26 CFR 575...... 53662 40...... 54405 135...... 53877, 54520 1 ...... 52487, 52496, 52975, 585...... 53662 51...... 52373, 53081 142...... 54520 52986, 53219, 54336 586...... 53662 52 ...... 52152, 52154, 52155, 250...... 52835 31...... 54336 587...... 53662 52555, 52724, 52879, 53937, 1260...... 54654 602 ...... 52463, 52496, 54336, 588...... 53662 54179, 54181, 54182, 54186, Proposed Rules: 54660 590...... 53662 54190, 54194, 54195, 54406, 39 ...... 52145, 52148, 52539, Proposed Rules: 591...... 53662 54705 52720, 52862, 52864, 52865, 1 ...... 52466, 52542, 52543, 594...... 53662 61...... 54794 52868, 52870, 53055, 53058, 52544, 52545, 52546, 53008, 595...... 53662 62...... 54407 53061, 53309, 54400, 54680, 53348, 53926, 54062, 54876 596...... 53662 70 ...... 52724, 54195, 54406, 54682, 54684, 54686, 54688, 31...... 53448 597...... 53662 54407 54690, 54691, 54694, 54862, 301...... 52466, 53687 598...... 53662 81...... 54705 54864, 54866, 54869, 54872, 32 CFR 94...... 54961 54874 27 CFR 194...... 52724 71 ...... 52148, 52150, 53925 555...... 53509 Proposed Rules: 228...... 53687 179...... 53430, 53532 15 CFR Proposed Rules: 271...... 52156 9...... 52875, 54696 199...... 52722 437...... 53432 772...... 54655 33 CFR 774...... 54655 29 CFR 41 CFR Proposed Rules: 100...... 54660, 54662 31...... 54268 51–3...... 53684 764...... 54402 117 ...... 53050, 53513, 54807 4022...... 53880 51–4...... 53684 766...... 54402 165 ...... 52096, 52098, 52340, 4044...... 53880 102–28...... 53219 52508, 53677 16 CFR Proposed Rules: Proposed Rules: 1910...... 53311 42 CFR 1512...... 52690 100...... 53533 1915...... 53311 413...... 53222 117...... 52722, 53079 17 CFR 1917...... 54298 482...... 53222 165 ...... 53928, 53930, 53932, 1918...... 54298 489...... 53222 4...... 52836, 53430 53935, 54177, 54700 232...... 53289 1926...... 53311, 53927 Proposed Rules: 36 CFR 412...... 53266 Proposed Rules: 30 CFR 239...... 54644 219...... 53294 1001...... 53939 48...... 53037 240...... 54590 1280...... 53680, 53882 44 CFR 249...... 54590 75...... 53037 946...... 53292 37 CFR 62...... 52700 18 CFR Proposed Rules: Proposed Rules: 65...... 54843, 54845 4...... 52089 57...... 52151 1...... 53816 67...... 54851, 54852 16...... 52089 5...... 53816 Proposed Rules: 141...... 52089 31 CFR 67...... 54877 38 CFR 157...... 52089 500...... 53640 501...... 53640 20...... 53681, 53682 45 CFR 20 CFR 505...... 53640 Proposed Rules: 74...... 52843 416...... 53219, 53506 515...... 53640 1...... 54704 92...... 52843

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302...... 53052 51...... 52307, 53311 49 CFR 50 CFR 303...... 53052 73 ...... 54408, 54878, 54879 105...... 52844 216...... 52132 1105...... 52701 87...... 52156 107...... 52844 223...... 54934 95...... 52879 171...... 52844 47 CFR 97...... 52156 635...... 52140 0...... 52517 172...... 52363 648...... 52141, 53528 178...... 52363 660 ...... 52519, 52523, 52703, 1...... 53523 48 CFR 2...... 54173 180...... 52363 53053, 53685 20...... 54173 538...... 52127 192...... 53895 679 ...... 52141, 52142, 52718, 51...... 52276, 53524 552...... 52127 195...... 53526 52856, 53686, 54395 923...... 52129 54...... 52363 541...... 54857 Proposed Rules: 970...... 52129 64...... 53891 571...... 54861 13...... 52727, 53320 1804...... 53525 73 ...... 53052, 53304, 54394, 596...... 54861 16...... 53705, 54409 54854, 54855, 54856 Proposed Rules: Proposed Rules: 17 ...... 52169, 53083, 53320, 76...... 52127 1...... 54294 53327, 53947 90...... 54678 25...... 54296 71...... 53082 171...... 53314 21...... 52727 Proposed Rules: 36...... 54294 Ch. I ...... 53696 53...... 54294 173...... 53314 223...... 53947 1...... 52156, 52879 225...... 53945 180...... 53314 224...... 53947 2...... 52156, 52879 246...... 53946 385...... 53535 622...... 53706 15...... 52156 252...... 53945 390...... 53535 635...... 54410, 54885 25...... 53702 806...... 53705 571...... 54879 660 ...... 52732, 53101, 53334 27...... 52156 9904...... 53312 1152...... 52168 679...... 52173, 52378

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REMINDERS review; published 8-20- AGRICULTURE supplemental food The items in this list were 03 DEPARTMENT program; comments due editorially compiled as an aid Radio stations; table of Animal and Plant Health by 9-22-03; published to Federal Register users. assignments: Inspection Service 7-22-03 [FR 03-16981] Inclusion or exclusion from Various States; published 9- Interstate transportation of EDUCATION DEPARTMENT this list has no legal 19-03 animals and animal products Family Educational Rights and significance. HEALTH AND HUMAN (quarantine): Privacy Act: SERVICES DEPARTMENT Tuberculosis in cattle and Signed and dated written bison— consent; electronic format; RULES GOING INTO Food and Drug Administration State and area comments due by 9-26- EFFECT SEPTEMBER 19, Animal drugs, feeds, and classifications; 03; published 7-28-03 [FR 2003 related products: comments due by 9-22- 03-19082] Cyclosporine; published 9- 03; published 7-24-03 ENVIRONMENTAL AGRICULTURE 19-03 [FR 03-18850] PROTECTION AGENCY DEPARTMENT Oxytetracycline injectable Plant-related quarantine, Air programs; State authority Animal and Plant Health solution; published 9-19- domestic: delegations: Inspection Service 03 Japanese beetle; comments North Carolina; comments Exportation and importation of Pyrantel pamoate due by 9-22-03; published due by 9-25-03; published animals and animal suspension; published 9- 7-24-03 [FR 03-18851] 8-26-03 [FR 03-21779] products: 19-03 Oriental fruit fly; comments Air quality implementation Animal health status of Salinomycin and due by 9-22-03; published plans; approval and foreign regions; Chlortetracycline; 7-22-03 [FR 03-18602] promulgation; various recognition requirements; published 9-19-03 Sapote fruit fly; comments States; air quality planning published 8-20-03 due by 9-22-03; published INTERIOR DEPARTMENT purposes; designation of Plant-related quarantine, 7-22-03 [FR 03-18603] areas: National Park Service foreign: User fees: West Virginia; comments Special regulations: Nursery stock regulations; Veterinary diagnostic due by 9-26-03; published update; published 8-20-03 Saguaro National Park, AZ; services; comments due 8-27-03 [FR 03-21910] designated bicycle routes; by 9-22-03; published 7- Air quality implementation AGRICULTURE published 8-20-03 DEPARTMENT 24-03 [FR 03-18849] plans; approval and TRANSPORTATION Rural Utilities Service COMMERCE DEPARTMENT promulgation; various DEPARTMENT Grants: National Oceanic and States: National Highway Traffic California; comments due by Emergency and imminent Atmospheric Administration Safety Administration 9-25-03; published 8-26- community water Fishery conservation and Motor vehicle safety 03 [FR 03-21590] assistance; published 8-5- management: standards: 03 Alaska; fisheries of Hazardous waste program Child restraint system— authorizations: ENVIRONMENTAL Exclusive Economic Child restraint anchorage PROTECTION AGENCY Zone— New Mexico; comments due systems; correction; American Fisheries Act; by 9-26-03; published 8- Air quality implementation published 9-19-03 27-03 [FR 03-21594] plans; approval and provisions; comments promulgation; various due by 9-24-03; Oklahoma; comments due States: RULES GOING INTO published 8-25-03 [FR by 9-26-03; published 8- 03-21452] 27-03 [FR 03-21592] Indiana; published 7-21-03 EFFECT SEPTEMBER 21, Pacific cod; comments Pesticides; tolerances in food, New York; published 7-21- 2003 due by 9-22-03; animal feeds, and raw 03 agricultural commodities: HOMELAND SECURITY published 7-22-03 [FR Pesticides; tolerances in food, 03-18617] Thiophanate methyl; animal feeds, and raw DEPARTMENT Atlantic coastal fisheries comments due by 9-22- agricultural commodities: Coast Guard cooperative 03; published 7-23-03 [FR Regattas and marine parades: Butafenacil; published 9-19- management— 03-18499] 03 James River Cancer Swim; Atlantic striped bass; Superfund program: published 9-18-03 Cyprodinil; published 9-19- comments due by 9-25- National oil and hazardous 03 Race Week Miami Super 03; published 8-26-03 substances contingency Flufenpyr-ethyl; published 9- Boat Race; published 8-5- [FR 03-21806] plan— 03 19-03 DEFENSE DEPARTMENT National priorities list S-metolachlor; published 9- Acquisition regulations: update; comments due 19-03 COMMENTS DUE NEXT Buy-to-budget acquisition of by 9-22-03; published FEDERAL WEEK end items; comments due 8-22-03 [FR 03-21596] COMMUNICATIONS by 9-22-03; published 7- National priorities list COMMISSION AGRICULTURE 22-03 [FR 03-18449] update; comments due Common carrier services, etc.: DEPARTMENT Environmental services for by 9-22-03; published Competitive bidding Agricultural Marketing military installations; 8-22-03 [FR 03-21597] procedures; published 7- Service multiyear procurement National priorities list 21-03 Pears (Bartlett) grown in— authority; comments due update; comments due Common carrier services: Oregon and Washington; by 9-22-03; published 7- by 9-25-03; published Local exchange carriers, comments due by 9-25- 22-03 [FR 03-18450] 8-26-03 [FR 03-21781] low-volume long distance 03; published 9-10-03 [FR Civilian health and medical FEDERAL users, and Federal-State 03-23048] program of uniformed COMMUNICATIONS Joint Board on Universal Prunes (dried) produced in— services (CHAMPUS): COMMISSION Service— California; comments due by TRICARE program— Common carrier services: Access charge reform and 9-22-03; published 7-24- Women, Infants, and Americans with Disabilities price cap performance 03 [FR 03-18778] Children; special Act; implementation—

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Individuals with hearing exchange; comments due Silver carp; comments 03; published 8-27-03 [FR and speech disabilities; by 9-25-03; published 9-4- due by 9-22-03; 03-21884] telecommunications 03 [FR 03-22530] published 7-23-03 [FR PERSONNEL MANAGEMENT relay services and FEDERAL TRADE 03-18654] OFFICE speech-to-speech COMMISSION INTERIOR DEPARTMENT Prevailing rate systems; services; comments due Trade regulation rules: Surface Mining Reclamation comments due by 9-22-03; by 9-24-03; published and Enforcement Office published 8-22-03 [FR 03- 8-25-03 [FR 03-21616] Home insulation; labeling and advertising; 21415] Public mobile services and Permanent program and comments due by 9-22- private land mobile radio abandoned mine land POSTAL SERVICE 03; published 7-15-03 [FR services— reclamation plan Freedom of Information Act; 03-17854] submissions: Air-ground implementation: telecommunications HEALTH AND HUMAN Missouri; comments due by Organizational changes and services consumers; SERVICES DEPARTMENT 9-22-03; published 8-22- fee structure; comments biennial regulatory Centers for Medicare & 03 [FR 03-21474] due by 9-22-03; published review; comments due Medicaid Services JUSTICE DEPARTMENT 8-11-03 [FR 03-20358] by 9-23-03; published Medicare: Drug Enforcement STATE DEPARTMENT 7-25-03 [FR 03-18643] Claims filing procedures; Administration Visas; nonimmigrant Satellite communications— elimination of written Prescriptions: documentation: Multichannel video statement of intent; Narcotic (opioid) controlled Transit Without Visa and distribution and data comments due by 9-23- substances approved for International-to- service in 12 GHz 03; published 7-25-03 [FR use in maintenance or International programs; band; technical and 03-18994] detoxification treatment; suspension; comments licensing rules; Entitlement continuation practitioners authority to due by 9-22-03; published reconsideration petitions when disability benefit dispense or prescribe; 8-7-03 [FR 03-20204] denied; comments due entitlement ends because comments due by 9-22- TRANSPORTATION by 9-23-03; published of substantial gainful 03; published 6-24-03 [FR DEPARTMENT 7-25-03 [FR 03-19090] activity; comments due by 03-15787] Standard time zone Satellite licensing 9-23-03; published 7-25- Schedules of controlled boundaries: procedures; comments 03 [FR 03-19068] substances: due by 9-26-03; South Dakota; comments Medicare overpayments and Electronic orders for due by 9-25-03; published published 8-27-03 [FR underpayments to 03-21650] controlled substances; 8-11-03 [FR 03-20418] providers, suppliers, home comments due by 9-25- Telephone Consumer TRANSPORTATION maintenance 03; published 6-27-03 [FR Protection Act; DEPARTMENT organizations, competitive 03-16082] implementation— medical plans, etc.; Federal Aviation Do-Not-Call interest calculation; LIBRARY OF CONGRESS Administration Implementation Act; comments due by 9-23- Copyright Office, Library of Airworthiness directives: unwanted telephone 03; published 7-25-03 [FR Congress Boeing; comments due by solicitations; comments 03-18859] Copyright Arbitration Royalty 9-25-03; published 8-11- due by 9-23-03; Third party liability insurance Panel rules and procedures: 03 [FR 03-20389] published 7-25-03 [FR regulations; comments Digital performance of Bombardier; comments due 03-18766] due by 9-23-03; published sound recordings— by 9-22-03; published 8- Radio stations; table of 7-25-03 [FR 03-18509] Sound recordings and 22-03 [FR 03-21523] assignments: HOMELAND SECURITY ephemeral recordings; Cessna; comments due by California; comments due by DEPARTMENT digital performance 9-22-03; published 7-29- 9-22-03; published 8-18- right; comments due by 03 [FR 03-19197] 03 [FR 03-20945] Coast Guard 9-22-03; published 8-21- Airworthiness standards: Oklahoma; comments due Regattas and marine parades: 03 [FR 03-21467] Special conditions— by 9-22-03; published 8- Child SMILE American Tour NATIONAL AERONAUTICS 22-03 [FR 03-21504] Fort Lauderdale Offshore Avions Marcel Dassault- AND SPACE Television broadcasting: Gran Prix; comments due Breguet Aviation Model ADMINISTRATION Falcon 10 series Public safety services; by 9-26-03; published 9- Acquisition regulations: airplanes; comments Channel 16 utilization by 11-03 [FR 03-23186] due by 9-26-03; New York Police HOMELAND SECURITY Government-owned published 8-27-03 [FR Department and New DEPARTMENT contractor-operated vehicle fleet management 03-21959] York Metropolitan Nonimmigrant classes: and reporting; comments Bombardier Aerospace Advisory Committee; Immediate and Continuous comments due by 9-22- due by 9-22-03; published Model BD-100-1A10 Transit Programs; 7-22-03 [FR 03-18624] airplane; comments due 03; published 8-22-03 [FR suspension; comments Research misconduct by 9-25-03; published 03-21507] due by 9-22-03; published investigation; comments due 8-26-03 [FR 03-21769] FEDERAL ELECTION 8-7-03 [FR 03-20130] COMMISSION by 9-23-03; published 7-25- Class E airspace; comments INTERIOR DEPARTMENT due by 9-24-03; published Allocations of candidate and 03 [FR 03-18982] Fish and Wildlife Service 8-18-03 [FR 03-21080] committee activities: NUCLEAR REGULATORY Party committee telephone Endangered and threatened COMMISSION TRANSPORTATION banks; allocation species: Source material; domestic DEPARTMENT expenses; comments due California tiger salamander; licensing: Federal Railroad by 9-25-03; published 9-4- comments due by 9-22- Utah uranium mills and Administration 03 [FR 03-22533] 03; published 7-3-03 [FR byproduct material Railroad workplace safety: Federal Election Campaign 03-16881] disposal facilities; Roadway maintenance Act: Importation, exportation, and alternative groundwater machine safety; comments Political committee mailing transportation of wildlife: protection standards; use; due by 9-26-03; published lists; sale, rental, and Injurious wildlife— comments due by 9-26- 7-28-03 [FR 03-18912]

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TRANSPORTATION Loss corporations; interests U.S. Government Printing DEPARTMENT distributions; cross Office, Washington, DC 20402 National Highway Traffic reference; comments due (phone, 202–512–1808). The Public Laws Electronic Safety Administration by 9-25-03; published 6- text will also be made Motor vehicle safety 27-03 [FR 03-16230] available on the Internet from Notification Service standards: GPO Access at http:// (PENS) Hydraulic and air brake www.access.gpo.gov/nara/ systems— LIST OF PUBLIC LAWS nara005.html. Some laws may Heavy vehicle anti-lock not yet be available. This is a continuing list of brake system (ABS); PENS is a free electronic mail public bills from the current performance H.R. 2738/P.L. 108–77 notification service of newly requirement; comments session of Congress which United States-Chile Free have become Federal laws. It enacted public laws. To due by 9-25-03; Trade Agreement subscribe, go to http:// may be used in conjunction Implementation Act (Sept. 3, published 8-11-03 [FR listserv.gsa.gov/archives/ 03-20025] with ‘‘PLUS’’ (Public Laws 2003; 117 Stat. 909) Update Service) on 202–741– publaws-l.html TREASURY DEPARTMENT 6043. This list is also H.R. 2739/P.L. 108–78 Internal Revenue Service available online at http:// United States-Singapore Free Note: This service is strictly Income taxes: Trade Agreement www.nara.gov/fedreg/ for E-mail notification of new Assumption of partner plawcurr.html. Implementation Act (Sept. 3, liabilities; cross-reference; 2003; 117 Stat. 948) laws. The text of laws is not comments due by 9-22- The text of laws is not available through this service. S. 1435/P.L. 108–79 03; published 6-24-03 [FR published in the Federal PENS cannot respond to 03-15282] Register but may be ordered Prison Rape Elimination Act of specific inquiries sent to this 2003 (Sept. 4, 2003; 117 Stat. Correction; comments due in ‘‘slip law’’ (individual address. by 9-22-03; published pamphlet) form from the 972) 9-15-03 [FR C3-15282] Superintendent of Documents, Last List August 25, 2003

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