7–19–02 Friday Vol. 67 No. 139 July 19, 2002 Pages 47437–47678
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1 II Federal Register / Vol. 67, No. 139 / Friday, July 19, 2002
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2 III
Contents Federal Register Vol. 67, No. 139
Friday, July 19, 2002
Agency for Healthcare Research and Quality Coast Guard NOTICES RULES Meetings: Great Lakes pilotage regulations: Health Care Policy and Research Special Emphasis Panel, Rates update, 47464–47466 47555 NOTICES Meetings: Agricultural Marketing Service Towing Safety Advisory Committee, 47595 RULES Raisins produced from grapes grown in— Commerce Department California, 47439–47443 See International Trade Administration PROPOSED RULES See National Oceanic and Atmospheric Administration Pork promotion, research, and consumer information order, 47474–47477 Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Agriculture Department Procurement list; additions and deletions, 47508–47509 See Agricultural Marketing Service See Commodity Credit Corporation Commodity Credit Corporation See Forest Service PROPOSED RULES See Natural Resources Conservation Service Loan and purchase programs: Apple Market Loss Assistance Payment Program II, Alcohol, Tobacco and Firearms Bureau 47477–47480 PROPOSED RULES Alcohol; viticultural area designations: Copyright Office, Library of Congress Oak Knoll District, CA NOTICES Correction, 47494 Copyright Arbitration Royalty Panel: NOTICES Digital audio recording technology royalties (1999-2001); Agency information collection activities: distribution; correction, 47574 Proposed collection; comment request, 47630–47631 Customs Service Antitrust Division RULES NOTICES Merchandise, special classes: National cooperative research notifications: Import restrictions— Digital Subscriber Line Forum, 47571–47572 Cyprus; pre-Classical and Classical archaeological JABO Metal Fabrication, Inc., 47572 material, 47447–47450
Army Department Defense Department See Engineers Corps See Army Department NOTICES See Engineers Corps Committees; establishment, renewal, termination, etc.: See Navy Department Inland Waterways Users Board, 47525–47526 RULES Meetings: Federal Acquisition Regulation (FAR): Armament Retooling and Manufacturing Support Claim and termination terms; definitions Executive Advisory Committee, 47526–47527 Correction, 47635 Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Federal Acquisition Regulation (FAR): Ricin vaccine and methods of making and using; Agency information collection activities— correction, 47635 Submission for OMB review; comment request, 47524– 47525 Meetings: Blind or Severely Disabled, Committee for Purchase From Science Board, 47525 People Who Are See Committee for Purchase From People Who Are Blind Drug Enforcement Administration or Severely Disabled PROPOSED RULES Records, reports, and exports of listed chemicals: Centers for Disease Control and Prevention Gamma-butyrolactone; exemption, 47493–47494 NOTICES Grants and cooperative agreements; availability, etc.: Education Department National Organizations for Promoting Health and NOTICES Preventing Disease and Disability, 47555–47558 Grants and cooperative agreements; availability, etc.: Outcome Assessment through Systems of Integrated Elementary and secondary education— Surveillance (OASIS), 47558–47561 Local Flexibility Demonstration Program, 47528–47532
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Employment Standards Administration PROPOSED RULES NOTICES Radio stations; table of assignments: Minimum wages for Federal and federally-assisted Various States, 47502–47504 construction; general wage determination decisions, NOTICES 47573–47574 Agency information collection activities: Proposed collection; comment request, 47544–47545 Energy Department Submission for OMB review; comment request, 47545 See Energy Information Administration Common carrier services: See Federal Energy Regulatory Commission Wireless telecommunications services— NOTICES Lower 700 MHZ band; C and D block; licenses auction, Meetings: 47546–47549 Environmental Management Site-Specific Advisory Meetins: Board— 2003 World Radiocommunication Conference Advisory Rocky Flats, CO, 47532 Committee, 47549
Energy Information Administration Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities: Electric rate and corporate regulation filings: Proposed collection; comment request; correction, 47635 Detroit Edison Co. et al., 47533–47534 Griffiss Local Development Government Corp. et al., Engineers Corps 47534–47537 NOTICES Practice and procedure: Environmental statements; notice of intent: Off-the-record communications, 47537–47538 Lake Okeechobee, FL; aquifier storage and recovery pilot Applications, hearings, determinations, etc.: project, 47527 East Kentucky Power Cooperative, Inc., 47532 Kinder Morgan Interstate Gas Transmission LLC, 47532– Environmental Protection Agency 47533 NOTICES Mississippi River Transmission Corp., 47533 Committees; establishment, renewal, termination, etc.: UBS AG, 47533 Environmental Policy and Technology National Advisory Council, 47538 Environmental statements; availability, etc.: Federal Highway Administration Agency statements— NOTICES Comment availability, 47539–47540 Environmental statements; notice of intent: Weekly receipts, 47538–47539 Washtenaw County, MI; withdrawn, 47598 Reports and guidance documents; availability, etc.: Meetings: National Beach Guidance and Required Performance Intelligent Transportation Society of America, 47598 Criteria for Grants, 47540–47541 Toxic substances: Federal Reserve System Lead-based paint activities in target housing and child- NOTICES occupied facilities; State and Indian Tribe Banks and bank holding companies: authorization applications— Change in bank control, 47549–47550 Mississippi, 47541–47544 Formations, acquisitions, and mergers, 47550 Executive Office of the President See Presidential Documents Federal Trade Commission RULES Federal Aviation Administration Appliances, consumer; energy consumption and water use RULES information in labeling and advertising: Airworthiness directives: Comparability ranges— McDonnell Douglas, 47637–47660 Dishwashers, 47443–47446 PROPOSED RULES Airworthiness directives: Fish and Wildlife Service Boeing; withdrawn, 47490–47491 NOTICES Eurocopter France, 47488–47490 Agency information collection activities: Saab, 47491–47493 Submission for OMB review; comment request, 47563– NOTICES 47564 Passenger facility charges; applications, etc.: Environmental statements; availability, etc.: Chicago O’Hare International Airport et al., IL, 47595– Incidental take permits— 47596 Gila and Maricopa Counties, AZ; southwestern willow La Crosse Municipal Airport, WI, 47596 flycatcher, etc., 47564–47566 Toledo Express Airport, OH, 47596–47597 Youngstown-Warren Regional Airport, OH, 47597 Food and Drug Administration Federal Communications Commission RULES RULES Animal drugs, feeds, and related products: Television stations; table of assignments: Fenbendazole granules, 47450 Louisiana; correction, 47466 Oxytetracycline injection, 47450–47451
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Forest Service International Trade Administration NOTICES NOTICES Meetings: Antidumping: Resource Advisory Committees— Cold-rolled carbon steel flat products from— Hood/Willamette, 47506 Australia, 47509–47518 Siskiyou, 47506 India, 47518–47520 Japan, 47520–47521 General Services Administration Sweden, 47522–47524 RULES Thailand, 47521–47522 Federal Acquisition Regulation (FAR): Applications, hearings, determinations, etc.: Claim and termination terms; definitions Univerisity of— Correction, 47635 California, Lawrence Berkeley National Laboratory, et Federal travel: al., 47524 Maximum per diem rates, 47457–47464 PROPOSED RULES International Trade Commission Federal Management Regulation: NOTICES Personal property sale, 47494–47501 Import investigations: NOTICES Plastic moulding machines with control systems having Federal Acquisition Regulation (FAR): programmable operator interfaces incorporating Agency information collection activities— general purpose computers, and components, 47568– Submission for OMB review; comment request, 47524– 47569 47525 Judicial Conference of the United States NOTICES Health and Human Services Department Meetings: See Agency for Healthcare Research and Quality Judicial Conference Advisory Committee on— See Centers for Disease Control and Prevention Appellate Procedure Rules, 47570 See Food and Drug Administration Bankruptcy Procedure Rules, 47570 See Substance Abuse and Mental Health Services Civil Procedure Rules, 47570 Administration Criminal Procedure Rules, 47569–47570 PROPOSED RULES Evidence Rules, 47570 Energy Employees Occupational Illness Compensation Practice and Procedure Rules, 47570 Program Act; implementation: Special Exposure Cohort; classes of employees designated Justice Department as members; procedures See Antitrust Division Meetings, 47501–47502 See Drug Enforcement Administration NOTICES See Immigration and Naturalization Service Grants and cooperative agreements; availability, etc.: See Juvenile Justice and Delinquency Prevention Office Medical Reserve Corps Demonstration Project Program, NOTICES 47550–47554 Privacy Act: Scientific misconduct findings; administrative actions: Systems of records, 47570–47571 Shishov, Michael, M.D., 47554–47555 Systems of records; correction, 47635
Housing and Urban Development Department Juvenile Justice and Delinquency Prevention Office NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Multisystem Decisionmaking Training and Technical Excess and surplus Federal property, 47561–47563 Assistance Project, 47669–47674 Tribal Youth Program Grantees, American Indian Tribes, Immigration and Naturalization Service and Alaska Native Communities National Training NOTICES and Technical Assistance Program, 47661–47667 Meetings: Airport and Seaport Inspections User Fee Federal Labor Department Advisory Committee, 47572–47573 See Employment Standards Administration Land Management Bureau Interior Department NOTICES See Fish and Wildlife Service Agency information collection activities: See Land Management Bureau Proposed collection; comment request; correction, 47635 See National Park Service Closure of public lands: Nevada, 47566–47567 Internal Revenue Service Meetings: RULES Resource Advisory Councils— Income taxes: Dakotas, 47567 Qualified retirement plans— Practice and procedure: Notice to interested parties, 47454–47457 Challis Field Office, ID; address change, 47567–47568 Real estate mortgage investment conduits; safe harbor Survey plat filings: treatment, 47451–47454 Wisconsin, 47568
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Library of Congress Nuclear Waste Technical Review Board See Copyright Office, Library of Congress NOTICES Reports and guidance documents; availability, etc.: Maritime Administration Information disseminated by Federal agencies; quality, NOTICES objectivity, utility, and integrity guidelines, 47575– Agency information collection activities: 47577 Submission for OMB review; comment request, 47598– 47599 Personnel Management Office Coastwise trade laws; administrative waivers: NOTICES AMISTAD, 47600–47601 Agency information collection activities: FLIGHT, 47600 Proposed collection; comment request, 47577 WAVE DANCER, 47599–47600 Meetings: Federal Prevailing Rate Advisory Committee, 47577 National Aeronautics and Space Administration RULES Presidential Documents Federal Acquisition Regulation (FAR): PROCLAMATIONS Claim and termination terms; definitions Special observances: Correction, 47635 Captive Nations Week (Proc. 7577), 47675–47678 NOTICES ADMINISTRATIVE ORDERS Federal Acquisition Regulation (FAR): Migration and Refugee Assistance Act of 1962; delegation Agency information collection activities— of authority (Presidential Determination No. 2002-25 of Submission for OMB review; comment request, 47524– July 9, 2002), 47437 47525 Public Health Service National Oceanic and Atmospheric Administration See Agency for Healthcare Research and Quality RULES See Centers for Disease Control and Prevention Fishery conservation and management: See Food and Drug Administration Alaska; fisheries of Exclusive Economic Zone— See Substance Abuse and Mental Health Services Bering Sea and Aleutian Islands and Gulf of Alaska Administration groundfish; steller sea lion protection measures; Railroad Retirement Board correction, 47472–47473 NOTICES Pacific ocean perch, 47472 Agency information collection activities: Pelagic shelf rockfish, 47471–47472 Submission for OMB review; comment request, 47577– Atlantic highly migratory species— 47578 Atlantic bluefin tuna, 47470 Caribbean, Gulf of Mexico, and South Atlantic fisheries— Research and Special Programs Administration Tortugas Marine Reserves establishment, 47467–47470 NOTICES West Coast States and Western Pacific fisheries— Hazardous materials: Pacific whiting, 47470–47471 Applications; exemptions, renewals, etc., 47601–47602 PROPOSED RULES Fishery conservation and management: Securities and Exchange Commission Magunuson-Stevens Act provisions— NOTICES Domestic fisheries; exempted fishing permit Investment Company Act of 1940: applications, 47504–47505 Exemption applications— Pruco Life Insurance Co. et al., 47578–47579 National Park Service Self-regulatory organizations; proposed rule changes: NOTICES American Stock Exchange LLC, 47578–47583 Concession contract negotiations: Chicago Board Options Exchange, Inc., 47584–47585 Oregon Caves National Monument, OR, 47568 International Securities Exchange, LLC, 47586–47588 Concession contracts and permits: New York Stock Exchange, Inc., 47588–47590 Expiring contracts; extension for up to one year, 47568 Pacific Exchange, Inc., 47590–47594
Natural Resources Conservation Service Small Business Administration NOTICES PROPOSED RULES Environmental statements; availability, etc.: Small business size standards: Yellow River Watershed Structure No. 14, GA, 47506– Forest fire suppression and fuels management services, 47508 47480–47488 NOTICES Navy Department Agency information collection activities: NOTICES Proposed collection; comment request, 47594 Inventions, Government-owned; availability for licensing, 47528 State Department NOTICES Nuclear Regulatory Commission Environmental statements; availability, etc.: NOTICES Reef International, L.L.C., Maverick County, TX; liquefied Agency information collection activities: petroleum gas pipeline construction, operation, and Proposed collection; comment request, 47574–47575 maintenance, 47594–47595
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Substance Abuse and Mental Health Services Submission for OMB review; comment request, 47630 Administration NOTICES Veterans Affairs Department Reports and guidance documents; availability, etc.: NOTICES President’s New Freedom Commission on Mental Health; Agency information collection activities: notice of web-based public comment section on Proposed collection; comment request, 47631–47632 website, 47561 Submission for OMB review; comment request, 47631– 47634 Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: San Jacinto Ltd. and Burlington Northern & Santa Fe Separate Parts In This Issue Railway Co., 47604–47629 Railroad services abandonment: Part II CSX Transportation, Inc., 47629 Transportation Department, Federal Aviation Administration, 47637–47660 Tennessee Valley Authority NOTICES Part III Environmental statements; notice of intent: Justice Department, Juvenile Justice and Delinquency Loudon County, TN; Tellico Reservoir; recreational and Prevention Office, 47661–47667 residential development, 47594–47595 Transportation Department Part IV See Coast Guard Justice Department, Juvenile Justice and Delinquency See Federal Aviation Administration Prevention Office, 47669–47674 See Federal Highway Administration See Maritime Administration Part V See Research and Special Programs Administration The President, 47675–47678 See Surface Transportation Board RULES Organization, functions, and authority delegations: Department Secretary; order of succession, 47466–47467 Reader Aids Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, reminders, See Alcohol, Tobacco and Firearms Bureau and notice of recently enacted public laws. See Customs Service To subscribe to the Federal Register Table of Contents See Internal Revenue Service LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities: archives, FEDREGTOC-L, Join or leave the list (or change Proposed collection; comment request, 47629–47630 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 635 (2 documents) ...... 47467, Proclamations: 47470 7577...... 47677 640...... 47467 654...... 47467 Administrative Orders: 660...... 47470 Presidential 679 (3 documents) ...... 47471, Determinations: 47472 No. 99-6 of November Proposed Rules: 30, 1998 (See 600...... 47504 Presidential Determination No. 02-25)...... 47437 No. 02-25 of July 9, 2002 ...... 47437 7 CFR 989...... 47439 Proposed Rules: 1230...... 47474 1470...... 47477 13 CFR Proposed Rules: 121...... 47480 14 CFR 39 (12 documents) ...... 47638, 47640, 47642, 47644, 47645, 47647, 47649, 47651, 47653, 47654, 47656, 47658 Proposed Rules: 39 (3 documents) ...... 47488, 47490, 47491 16 CFR 305...... 47443 19 CFR 12...... 47447 21 CFR 520...... 47450 522...... 47450 Proposed Rules: 1310...... 47493 26 CFR 1 (2 documents) ...... 47451, 47454 601...... 47454 602...... 47451 27 CFR Proposed Rules: 9...... 47494 41 CFR Ch. 301 ...... 47457 Proposed Rules: 101-45...... 47494 102-39...... 47494 42 CFR Proposed Rules: 83...... 47501 46 CFR 401...... 47464 47 CFR 73...... 47466 Proposed Rules: 73...... 47502 48 CFR 52...... 47635 49 CFR 1...... 47466 50 CFR 622...... 47467
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Federal Register Presidential Documents Vol. 67, No. 139
Friday, July 19, 2002
Title 3— Presidential Determination No. 02–25 of July 9, 2002
The President Delegation of Authority Under Sections 2(d) and 2(f) of the Migration and Refugee Assistance Act of 1962, as Amended
Memorandum for the Secretary of State
By virtue of 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 the functions and authorities conferred upon the President by sections 2(d) and 2(f) of the Migration and Refugee Assistance Act (MRAA) of 1962, as amended, 22 U.S.C. §2601, insofar as they relate to actions taken under the authority of section 2(b)(2) of the MRAA, to the Secretary of State, who should insure timely performance of any duties and obligations of the delegated authority and who is authorized to redelegate these functions and authorities consistent with applicable law. The Secretary of State, or his or her delegate, is directed to provide notice to the President of any use of the functions and authorities delegated by this determination. This delegation of authority supplements Presidential Determination No. 99–6, Delegation of Authority Under Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended (November 30, 1998). Any reference in this memorandum to section 2 of the MRAA, as amended, shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to publish this Determination in the Federal Register. W THE WHITE HOUSE, Washington, July 9, 2002.
[FR Doc. 02–18445 Filed 7–18–02; 8:45 am] Billing code 4710–10–P
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Rules and Regulations Federal Register Vol. 67, No. 139
Friday, July 19, 2002
This section of the FEDERAL REGISTER Administration Branch, Fruit and place of business, has jurisdiction to contains regulatory documents having general Vegetable Programs, AMS, USDA, 1400 review USDA’s ruling on the petition, applicability and legal effect, most of which Independence Avenue SW, STOP 0237, provided an action is filed not later than are keyed to and codified in the Code of Washington, DC 20250–0237; telephone: 20 days after the date of the entry of the Federal Regulations, which is published under (202) 720–2491, Fax: (202) 720–8938. ruling. 50 titles pursuant to 44 U.S.C. 1510. Small businesses may request This rule continues in effect final The Code of Federal Regulations is sold by information on complying with this volume regulation percentages for 2001– the Superintendent of Documents. Prices of regulation by contacting Jay Guerber, 02 crop NS and OS raisins covered new books are listed in the first FEDERAL Marketing Order Administration under the order. The percentages were REGISTER issue of each week. Branch, Fruit and Vegetable Programs, established through an interim final rule AMS, USDA, 1400 Independence published on April 3, 2002 (67 FR Avenue SW, STOP 0237, Washington 15707). The volume regulation DEPARTMENT OF AGRICULTURE DC 20250–0237; telephone: (202) 720– percentages are 63 percent free and 37 2491, Fax: (202) 720–8938, or E-mail: percent reserve for both NS and OS Agricultural Marketing Service [email protected]. raisins. Free tonnage raisins may be sold by handlers to any market. Reserve 7 CFR Part 989 SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement raisins must be held in a pool for the [Docket No. FV02–989–4 FIR] and Order No. 989 (7 CFR part 989), account of the Committee and are both as amended, regulating the disposed of through various programs Raisins Produced From Grapes Grown handling of raisins produced from authorized under the order. For in California; Final Free and Reserve grapes grown in California, hereinafter example, reserve raisins may be sold by Percentages for 2001–02 Crop Natural referred to as the ‘‘order.’’ The order is the Committee to handlers for free use (sun-dried) Seedless and Other effective under the Agricultural or to replace part of the free tonnage Seedless Raisins Marketing Agreement Act of 1937, as raisins they exported; used in diversion AGENCY: Agricultural Marketing Service, amended (7 U.S.C. 601–674), hereinafter programs; carried over as a hedge USDA. referred to as the ‘‘Act.’’ against a short crop; or disposed of in ACTION: Final rule. USDA is issuing this rule in other outlets not competitive with those conformance with Executive Order for free tonnage raisins, such as SUMMARY: The Department of 12866. government purchase, distilleries, or Agriculture (USDA) is adopting, as a This rule has been reviewed under animal feed. final rule, without change, an interim Executive Order 12988, Civil Justice The volume regulation percentages final rule that established final volume Reform. Under the order provisions now are intended to help stabilize raisin regulation percentages for 2001–02 crop in effect, final free and reserve supplies and prices, and strengthen Natural (sun-dried) Seedless (NS) and percentages may be established for market conditions. Final percentages Other Seedless (OS) raisins covered raisins acquired by handlers during the were recommended by the Committee under the Federal marketing order for crop year. This rule continues in effect on February 14, 2002. One Committee California raisins (order). The order final free and reserve percentages for NS member opposed the NS raisin regulates the handling of raisins and OS raisins for the 2001–02 crop percentages. He believes that the produced from grapes grown in year, which began August 1, 2001, and Committee failed to properly consider California and is locally administered ends July 31, 2002. This rule will not certain factors in its deliberations, by the Raisin Administrative Committee preempt any State or local laws, particularly the impact of additional (Committee). The volume regulation regulations, or policies, unless they free tonnage on a weakening market. percentages are 63 percent free and 37 present an irreconcilable conflict with Another Committee member opposed percent reserve for both NS and OS this rule. the OS percentages. That handler claims raisins. The percentages are intended to The Act provides that administrative he has developed a specialty market for help stabilize raisin supplies and prices, proceedings must be exhausted before OS raisins and indicated that he cannot and strengthen market conditions. parties may file suit in court. Under meet his market needs under the EFFECTIVE DATE: August 19, 2002. This section 608c(15)(A) of the Act, any volume regulation percentages. rule applies to acquisitions of NS and handler subject to an order may file OS raisins from the 2001–02 crop until with USDA a petition stating that the Computation of Trade Demands the reserve raisins from that crop are order, any provision of the order, or any Section 989.54 of the order prescribes disposed of under the marketing order. obligation imposed in connection with procedures and time frames to be FOR FURTHER INFORMATION CONTACT: the order is not in accordance with law followed in establishing volume Maureen T. Pello, Senior Marketing and request a modification of the order regulation. This includes methodology Specialist, California Marketing Field or to be exempted therefrom. Such used to calculate percentages. Pursuant Office, Marketing Order Administration handler is afforded the opportunity for to § 989.54(a) of the order, the Branch, Fruit and Vegetable Programs, a hearing on the petition. After the Committee met on August 14, 2001, to AMS, USDA, 2202 Monterey Street, hearing USDA would rule on the review shipment and inventory data, suite 102B, Fresno, California 93721; petition. The Act provides that the and other matters relating to the telephone: (559) 487–5901, Fax: (559) district court of the United States in any supplies of raisins of all varietal types. 487–5906; or George Kelhart, Technical district in which the handler is an The Committee computed a trade Advisor, Marketing Order inhabitant, or has his or her principal demand for each varietal type for which
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a free tonnage percentage might be at 7,073 tons, which is almost double for NS and OS raisins to release slightly recommended. Trade demand is the 10-year average of 3,786 tons. less than their full trade demands. computed using a formula specified in Combining the carry-in inventory of Specifically, interim percentages were the order and, for each varietal type, is 4,273 tons with the 7,073-ton crop announced for both NS and OS raisins equal to 90 percent of the prior year’s estimate resulted in a total available at 62.75 percent free and 37.25 percent shipments of free tonnage and reserve supply of 11,346 tons. With the reserve. The interim percentages were tonnage raisins sold for free use into all estimated supply significantly higher based on revised crop estimates. The NS market outlets, adjusted by subtracting (over 500 percent) than the 1,692-ton crop estimate was increased from the carryin on August 1 of the current trade demand, the Committee 359,341 to 372,499 tons, and the OS crop year, and adding the desirable determined that volume regulation for crop estimate was decreased from 5,000 carryout at the end of that crop year. As OS raisins was warranted. The to 4,416 tons. Pursuant to § 989.54(d), specified in § 989.154(a), the desirable Committee announced preliminary the Committee also recommended final carryout for each varietal type is equal percentages for OS raisins, which percentages to release the full trade to a 5-year rolling average, dropping the released 85 percent of the computed demands for NS and OS raisins. Final high and low figures, of free tonnage trade demand since field price had been percentages compute to 63 percent free shipments during the months of August, established. The preliminary and 37 percent reserve for both varietal September, and October. In accordance percentages were 20 percent free and 80 types. The Committee’s calculations to with these provisions, the Committee percent reserve. arrive at final percentages for NS and computed and announced 2001–02 In addition, preliminary percentages OS raisins are shown in the table below: trade demands for NS and OS raisins at were also announced for Dipped 235,850 tons and 1,692 tons, Seedless, Oleate and Related Seedless, FINAL VOLUME REGULATION respectively, as shown below. and Zante Currant raisins. The PERCENTAGES Committee ultimately determined that [Natural condition tons] COMPUTED TRADE DEMANDS volume regulation was only warranted for NS and OS raisins. As in past [Natural condition tons] NS OS seasons, the Committee submitted its Raisins Raisins NS OS marketing policy to USDA for review. Raisins Raisins Trade demand ...... 235,850 2,800 Modification to Marketing Policy Divided by crop esti- Prior year’s shipments .. 295,477 5,544 Regarding OS Raisins mate ...... 372,499 4,416 Multiplied by 90 percent 0.90 0.90 Pursuant to § 989.54(f) of the order, Equals free percentage 63 63 Equals adjusted base ... 265,929 4,990 the Committee met on December 11, 100 minus free percent- Minus carryin inventory 116,131 4,273 2001, and revised its marketing policy age equals reserve Plus desirable caryout .. 86,052 975 regarding OS raisins due to a major percentage ...... 37 37 Equals computed trade demand ...... 235,850 1,692 change in economic conditions. The 7,073-ton crop estimate was reduced to In addition, USDA’s ‘‘Guidelines for 5,000 tons, and the 1,692-ton trade Fruit, Vegetable, and Specialty Crop Computation of Preliminary Volume Marketing Orders’’ (Guidelines) specify Regulation Percentages demand was increased to 2,800 tons. This resulted in volume regulation that 110 percent of recent years’ sales As required under § 989.54(b) of the percentages at 48 percent free and 52 should be made available to primary order, the Committee met on September percent reserve to release 85 percent of markets each season for marketing 20, 2001, and announced a preliminary the 2,800-ton trade demand. orders utilizing reserve pool authority. crop estimate for NS raisins of 359,341 The Committee took this action in This goal was met for NS and OS raisins tons, which is comparable to the 10-year response to concerns raised by OS by the establishment of final average of 344,303 tons. NS raisins are handlers who were facing difficulties percentages, which released 100 percent the major varietal type of California under the preliminary percentages of 20 of the trade demands and the offer of raisin. Adding the carryin inventory of percent free and 80 percent reserve. additional reserve raisins for sale to 116,131 tons, plus 32,193 tons of reserve Volume regulation has not been handlers under the ‘‘10 plus 10 offers.’’ raisins released to handlers for free use implemented for OS raisins since the As specified in § 989.54(g), the 10 plus in September 2001 through an export 1994–95 season. Some handlers who 10 offers are two offers of reserve pool program, plus the 359,341-ton crop developed markets since that time, in raisins, which are made available to estimate resulted in a total available the absence of volume regulation, were handlers during each season. For each supply of 507,665 tons, which was having difficulties meeting their such offer, a quantity of reserve raisins significantly higher (about 115 percent) customers’ needs. The merits of equal to 10 percent of the prior year’s than the 235,850-ton trade demand. suspending volume regulation were shipments is made available for free use. Thus, the Committee determined that deliberated by the Committee. However, Handlers may sell their 10 plus 10 volume regulation for NS raisins was the majority of Committee members raisins to any market. warranted. The Committee announced supported some level of regulation. The The ‘‘10 plus 10 offers’’ for NS raisins preliminary free and reserve percentages Committee ultimately determined that were held in November 2001. A total of for Naturals, which released 85 percent the OS trade demand should be 59,095 tons was made available to raisin of the computed trade demand since the increased to 2,800 tons which resulted handlers, and 4,000 tons of raisins were field price (price paid by handlers to in less restrictive volume regulation purchased. Adding the 4,000 tons of 10 producers for their free tonnage raisins) percentages. plus 10 raisins to the 235,850-ton trade had been established. The preliminary demand figure, plus 116,131 tons of percentages were 56 percent free and 44 Computation of Final Volume 2000–01 carryin inventory, plus 32,193 percent reserve. Regulation Percentages tons of reserve raisins released for free Also at its September 20, 2001, Pursuant to § 989.54(c), the use in September 2001 through an meeting, the Committee announced a Committee met on February 14, 2002, export program, equates to about preliminary crop estimate for OS raisins and recommended interim percentages 388,174 tons of natural condition
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raisins, or about 363,940 tons of packed of less than $5,000,000, and small The sun-drying method of producing raisins, that were actually under the agricultural producers are defined as raisins involves considerable risk control of handlers for free use or those having annual receipts of less than because of variable weather patterns. primary markets. This is about 131 $750,000. Thirteen of the 20 handlers Even though the product and the percent of the quantity of NS raisins subject to regulation have annual sales industry are viewed as mature, the shipped during the 2000–01 crop year estimated to be at least $5,000,000, and industry has experienced considerable (295,477 natural condition tons or the remaining 7 handlers have sales less change over the last several decades. 277,030 packed tons). than $5,000,000. No more than 7 Before the 1975–76 crop year, more than For OS raisins, a total of 1,108 tons handlers, and a majority of producers, of 50 percent of the raisins were packed were made available to handlers California raisins may be classified as and sold directly to consumers. Now, through 10 plus 10 offers in February small entities. 2002, and 407 tons were purchased. Since 1949, the California raisin over 60 percent of raisins are sold in Adding the 407 tons of 10 plus 10 industry has operated under a Federal bulk. This means that raisins are now raisins to the 2,800-ton trade demand marketing order. The order contains sold to consumers mostly as an figure, plus 4,273 tons of 2000–01 authority to, among other things, limit ingredient in other products such as carryin inventory equates to 7,480 tons the portion of a given year’s crop that cereal and baked goods. In addition, for of natural condition raisins, or about can be marketed freely in any outlet by a few years in the early 1970’s, over 50 6,843 tons of packed raisins, that were raisin handlers. This volume control percent of the raisin grapes were sold to actually under the control of handlers mechanism is used to stabilize supplies the wine market for crushing. Since for free use or primary markets. This is and prices and strengthen market then, the percent of raisin-variety grapes about 135 percent of the quantity of OS conditions. sold to the wine industry has decreased. raisins shipped during the 2000–01 crop Pursuant to § 989.54(d) of the order, California’s grapes are classified into year (5,544 tons natural condition tons this rule continues in effect final three groups—table grapes, wine grapes, or 5,072 packed tons). volume regulation percentages for 2001– and raisin-variety grapes. Raisin-variety In addition to the 10 plus 10 offers, 02 crop NS and OS raisins. The volume grapes are the most versatile of the three § 989.67(j) of the order provides regulation percentages are 63 percent types. They can be marketed as fresh authority for sales of reserve raisins to free and 37 percent reserve for both NS grapes, crushed for juice in the handlers under certain conditions such and OS raisins. Free tonnage raisins production of wine or juice concentrate, as a national emergency, crop failure, may be sold by handlers to any market. or dried into raisins. Annual change in economic or marketing Reserve raisins must be held in a pool fluctuations in the fresh grape, wine, conditions, or if free tonnage shipments for the account of the Committee and and concentrate markets, as well as in the current crop year exceed are disposed of through certain weather-related factors, cause shipments of a comparable period of the programs authorized under the order. fluctuations in raisin supply. This type prior crop year. Such reserve raisins Volume regulation is warranted this of situation introduces a certain amount may be sold by handlers to any market. season for NS raisins because the crop of variability into the raisin market. When implemented, the additional estimate of 372,499 tons combined with Although the size of the crop for raisin- offers of reserve raisins make even more the carryin inventory of 116,131 tons, variety grapes may be known, the plus 32,193 tons of reserve raisins raisins available to primary markets amount dried for raisins depends on the released for free use in September 2001 which is consistent with the USDA’s demand for crushing. This makes the through an export program, plus 34,414 Guidelines. marketing of raisins a more difficult tons of reserve raisins released to-date task. These supply fluctuations can Final Regulatory Flexibility Analysis for free use through another export result in producer price instability and Pursuant to requirements set forth in program, results in a total available disorderly market conditions. the Regulatory Flexibility Act (RFA), the supply of 555,237 tons, which is 135 Agricultural Marketing Service (AMS) percent higher than the 235,850-ton Volume regulation is helpful to the has considered the economic impact of trade demand. Volume regulation is raisin industry because it lessens the this action on small entities. warranted for OS raisins this season impact of such fluctuations and Accordingly, AMS has prepared this because the crop estimate of 4,416 tons contributes to orderly marketing. For final regulatory flexibility analysis. combined with the carryin inventory of example, producer prices for NS raisins The purpose of the RFA is to fit 4,273 tons results in a total available remained fairly steady between the regulatory actions to the scale of supply of 8,689 tons, which is 1992–93 through the 1997–98 seasons, business subject to such actions in order significantly higher than the 2,800-ton although production varied. As shown that small businesses will not be unduly trade demand. in the table below, during those years, or disproportionately burdened. Many years of marketing experience production varied from a low of 272,063 Marketing orders issued pursuant to the led to the development of the current tons in 1996–97 to a high of 387,007 Act, and rules issued thereunder, are volume regulation procedures. These tons in 1993–94, or about 42 percent. unique in that they are brought about procedures have helped the industry According to Committee data, the total through group action of essentially address its marketing problems by producer return per ton during those small entities acting on their own keeping supplies in balance with years, which includes proceeds from behalf. Thus, both statutes have small domestic and export market needs, and both free tonnage plus reserve pool entity orientation and compatibility. strengthening market conditions. The raisins, has varied from a low of $901 There are approximately 20 handlers current volume regulation procedures in 1992–93 to a high of $1,049 in 1996– of California raisins who are subject to fully supply the domestic and export 97, or 16 percent. Total producer prices regulation under the order and markets, provide for market expansion, for the 1998–99 and 1999–2000 seasons approximately 4,500 raisin producers in and help reduce the burden of increased significantly due to back-to- the regulated area. Small agricultural oversupplies in the domestic market. back short crops during those years. service firms are defined by the Small Raisin grapes are a perennial crop, so Producer prices dropped dramatically Business Administration (13 CFR production in any year is dependent for the 2000–01 season due primarily to 121.201) as those having annual receipts upon plantings made in earlier years. record-size production.
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NATURAL SEEDLESS PRODUCER Raisins are generally marketed at that time, in the absence of volume PRICES relatively lower price levels in the more regulation, were having difficulties elastic export market than in the more meeting their customers’ needs under Deliveries inelastic domestic market. This results the preliminary percentages established. Crop Year (natural Producer in a larger volume of raisins being The merits of suspending volume condition Prices marketed and enhances grower returns. regulation were deliberated by the tons) In addition, this system allows the U.S. Committee. However, the majority of 2000–01 ...... 432,616 1 $570.82 raisin industry to be more competitive Committee members supported some 1999–2000 .... 299,910 1,211.25 in export markets. level of regulation. The Committee 1998–99 ...... 240,469 2 1,290.00 To assess the impact that volume ultimately determined that the OS trade 1997–98 ...... 382,448 946.52 control has on the prices growers demand should be increased to 2,800 1996–97 ...... 272,063 1,049.20 receive for their product, an tons which resulted in less restrictive 1995–96 ...... 325,911 1,007.19 econometric model has been volume regulation percentages. 1994–95 ...... 378,427 928.27 constructed. The model developed is for Free and reserve percentages are 1993–94 ...... 387,007 904.60 the purpose of estimating nominal established by varietal type, and usually 1992–93 ...... 371,516 901.41 prices under a number of scenarios in years when the supply exceeds the 1 Return to date, reserve pool still open. using the volume control authority trade demand by a large enough margin 2 No volume regulation. under the Federal marketing order. The that the Committee believes volume There are essentially two broad price growers receive for the harvest and regulation is necessary to maintain markets for raisins—domestic and delivery of their crop is largely market stability. Accordingly, in export. In recent years, both export and determined by the level of production assessing whether to apply volume domestic shipments have been and the volume of carryin inventories. regulation or, as an alternative, not to decreasing. Domestic shipments The Federal marketing order permits the apply such regulation, the Committee decreased from a high of 204,805 industry to exercise supply control recommended that only two of the ten packed tons during the 1990–91 crop provisions, which allow for the raisin varietal types defined under the year to a low of 156,325 packed tons in establishment of reserve and free order be subject to volume regulation percentages for primary markets, and a this season. 1999–2000. In addition, exports reserve pool. The establishment of The free and reserve percentages decreased from 114,576 packed tons in reserve percentages impacts the established by this rule release the full 1991–92 to a low of 91,600 packed tons production that is marketed in the trade demands and apply uniformly to in the 1999–2000 crop year. primary markets. all handlers in the industry, regardless In addition, the per capita The reserve percentage limits what of size. For NS raisins, with the consumption of raisins has declined handlers can market as free tonnage. exception of the 1998–99 crop year, from 2.07 pounds in 1988 to 1.55 Assuming the 37 percent reserve limits small and large raisin producers and pounds in 2000. This decrease is the total free tonnage to 234,674 natural handlers have been operating under consistent with the decrease in the per condition tons (.63 × 372,499 tons) and volume regulation percentages every capita consumption of dried fruits in carryin is 116,131 natural condition year since 1983–84. There are no known general, which is due to the increasing tons, and purchases from reserve total additional costs incurred by small availability of most types of fresh fruit 74,193 natural condition tons (which handlers that are not incurred by large through out the year. includes anticipated reserve raisins handlers. While the level of benefits of While the overall demand for raisins released through the export program this rulemaking are difficult to quantify, has been decreasing (as reflected in the and other purchases), then the total free the stabilizing effects of the volume decline in commercial shipments), supply is estimated at 424,998 natural regulations impact small and large production has been increasing. condition tons. The econometric model handlers positively by helping them Deliveries of dried raisins from estimates prices to be $123 per ton maintain and expand markets even producers to handlers reached an all- higher than under an unregulated though raisin supplies fluctuate widely time high of 432,616 tons in the 2000– scenario. This price increase is from season to season. Likewise, price 01 crop year. This large crop was beneficial to all growers regardless of stability positively impacts small and preceded by two short crop years; size and enhances growers’ total large producers by allowing them to deliveries were 240,469 tons in 1998–99 revenues in comparison to no volume better anticipate the revenues their and 299,910 tons in 1999–2000. control. Establishing a reserve allows raisins will generate. Deliveries for the 2000–01 crop year the industry to help stabilize supplies in There are some reporting, soared to a record level because of both domestic and export markets, recordkeeping, and other compliance increased bearing acreage and yields. while improving returns to producers. requirements under the order. The Estimated production is more moderate Regarding OS raisins, OS raisin reporting and recordkeeping burdens at 372,499 tons in 2001–02. However, production is much smaller than NS are necessary for compliance purposes with 2000–01 carryin inventory totaling raisin production. Volume regulation is and for developing statistical data for 116,131 tons, total available supply is warranted this season because the maintenance of the program. The quite large. available supply significantly exceeds requirements are the same as those The order permits the industry to the trade demand. In assessing the applied in past seasons. Thus, this exercise supply control provisions, impact of OS regulation, the Committee action imposes no additional reporting which allow for the establishment of addressed concerns raised by some or recordkeeping burdens on either free and reserve percentages, and the handlers who were facing difficulties small or large handlers. The forms establishment of a reserve pool. One of under the initial preliminary require information which is readily the primary purposes of establishing percentages of 20 percent free and 80 available from handler records and free and reserve percentages is to percent reserve. Volume regulation has which can be provided without data equilibrate supply and demand. If raisin not been implemented for OS raisins processing equipment or trained markets are over-supplied with product, since the 1994–95 season. Some statistical staff. The information grower prices will decline. handlers who developed markets since collection and recordkeeping
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requirements have been previously Dated: July 15, 2002. efficiency figure and a ‘‘range of approved by the Office of Management A.J. Yates, comparability.’’ This range shows the and Budget (OMB) under OMB Control Administrator, Agricultural Marketing highest and lowest energy consumption No. 0581–0178. As with other similar Service. or efficiencies for all comparable marketing order programs, reports and [FR Doc. 02–18257 Filed 7–18–02; 8:45 am] appliance models so consumers can forms are periodically studied to reduce BILLING CODE 3410–02–P compare the energy consumption or or eliminate duplicate information efficiency of other models (perhaps collection burdens by industry and competing brands) similar to the labeled public sector agencies. In addition, FEDERAL TRADE COMMISSION model. The Rule also requires USDA has not identified any relevant manufacturers to include, on labels for Federal rules that duplicate, overlap, or 16 CFR Part 305 some products, a secondary energy conflict with this rule. usage disclosure in the form of an Rule Concerning Disclosures Further, Committee and estimated annual operating cost based Regarding Energy Consumption and on a specified DOE national average cost subcommittee meetings are widely Water Use of Certain Home Appliances publicized in advance and are held in for the fuel the appliance uses. and Other products Required Under Section 305.8(b) of the Rule requires a location central to the production area. the Energy Policy and Conservation manufacturers, after filing an initial The meetings are open to all industry Act (‘‘Appliance Labeling Rule’’) report, to report certain information members, including small business annually to the Commission by entities, and other interested persons AGENCY: Federal Trade Commission. specified dates for each product who are encouraged to participate in the ACTION: Final rule. type.2 deliberations and voice their opinions These reports, which are to assist on topics under discussion. SUMMARY: The Federal Trade the Commission in preparing the ranges Commission (‘‘Commission’’) amends of comparability, contain the estimated A small business guide on complying its Appliance Labeling Rule (‘‘Rule’’) by annual energy consumption or energy with fruit, vegetable, and specialty crop publishing new ranges of comparability efficiency ratings for the appliances marketing agreements and orders may to be used on required labels for derived from tests performed pursuant be viewed at: http://www.ams.usda.gov/ standard and compact dishwashers. The to the DOE test procedures. Because fv/moab.html. Any questions about the Commission is also publishing minor manufacturers regularly add new compliance guide should be sent to Jay and conforming changes to the models to their lines, improve existing Guerber at the previously mentioned requirements for EnergyGuide labels for models, and drop others, the data base address in the FOR FURTHER INFORMATION dishwashers. from which the ranges of comparability CONTACT section. EFFECTIVE DATES: The amendments to are calculated is constantly changing. An interim final rule concerning this § 305.11, Appendix C2 to part 305 To keep the required information on action was published in the Federal (ranges for standard-size dishwashers), labels consistent with these changes, the Register on April 3, 2002 (64 FR 15707). and Appendix L to part 305 will become Commission will publish new ranges if Copies of the rule were mailed by effective September 17, 2002. The an analysis of the new information Committee staff to all Committee amendments to Appendix C1 to part 305 indicates that the upper or lower limits members and alternates, the Raisin establishing new ranges of of the ranges have changed by more Bargaining Association, handlers and comparability for compact dishwashers than 15%. Otherwise, the Commission dehydrators. In addition, the rule was will become effective March 22, 2003. will publish a statement that the prior made available through the Internet by FOR FURTHER INFORMATION CONTACT: ranges remain in effect for the next year. the Office of the Federal Register and Hampton Newsome, Attorney, Division I. 2002 Dishwasher Data USDA. That rule provided for a 60-day of Enforcement, Federal Trade comment period that ended on June 3, Commission, Washington, DC 20580, A. New Ranges 2002. No comments were received. (202) 326–2889); [email protected]. The Commission has analyzed the After consideration of all relevant SUPPLEMENTARY INFORMATION: The Rule annual data submissions for material presented, including the was issued by the Commission in 1979, dishwashers. The data submissions information and recommendation 44 FR 66466 (Nov. 19, 1979), in show significant change in the high or submitted by the Committee and other response to a directive in the Energy low ends of the range of comparability available information, it is hereby found Policy and Conservation Act of 1975 scale for standard and compact models.3 that this rule, as hereinafter set forth, (‘‘EPCA’’).1 The Rule covers several Accordingly, the Commission is will tend to effectuate the declared categories of major household publishing new ranges of comparability policy of the Act. appliances including dishwashers. for standard and compact dishwashers. The Rule requires manufacturers of all These new ranges of comparability List of Subjects in 7 CFR Part 989 covered appliances to disclose specific 2 Grapes, Marketing agreements, energy consumption or efficiency Reports for dishwashers are usually due June 1. information (derived from the DOE test For reasons detailed in the Federal Register on May Raisins, Reporting and recordkeeping 17, 2002 (67 FR 35006), this submission date was requirements. procedures) at the point of sale in the changed to June 17 for 2002 submissions. form of an ‘‘Energy Guide’’ label and in 3 The Commission’s classification of ‘‘Standard’’ PART 989—RAISINS PRODUCED catalogs. The Rule requires and ‘‘Compact’’ dishwashers is based on internal FROM GRAPES GROWN IN manufacturers to include, on labels and load capacity. Appendix C of the Commission’s Rule defines ‘‘Compact’’ as including countertop CALIFORNIA fact sheets, an energy consumption or dishwasher models with a capacity of fewer than eight (8) place settings and ‘‘Standard’’ as including Accordingly, the interim final rule 1 42 U.S.C. 6294. The statute also requires the portable or built-in dishwasher models with a amending 7 CFR part 989 which was Department of Energy (‘‘DOE’’) to develop test capacity of eight (8) or more place settings. The procedures that measure how much energy the Rule requires that place settings be determined in published at 67 FR 15707 on April 3, appliances use, and to determine the representative accordance with appendix C to 10 CFR Part 430, 2002, is adopted as a final rule without average cost a consumer pays for the different types subpart B, of DOE’s energy conservation standards change. of energy available. program.
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supersede the current ranges for of comparability based on the new DOE V. Regulatory Flexibility Act compact-sized dishwashers (Appendix test. In other words, the Commission is The provisions of the Regulatory C1), which were published on exercising discretion to not take law Flexibility Act relating to a Regulatory September 28, 2001, and for standard enforcement action against Flexibility Act analysis (5 U.S.C. 603– dishwashers (Appendix C2), which manufacturers that have waited to 604) are not applicable to this were published on August 25, 1997. As account for the new test procedure on proceeding because the amendments do of the effective date of these new ranges, their labels until the Commission not impose any new obligations on manufacturers of these dishwashers provided notice about new ranges for entities regulated by the Appliance must base the disclosures of estimated dishwashers. In this document, the Labeling Rule. These technical annual operating cost required at the Commission has now published new amendments merely provide a routine bottom of EnergyGuide labels for ranges of comparability. Accordingly, change to the range information compact-sized dishwashers on the 2002 manufacturers now have the necessary required on EnergyGuide labels. Thus, Representative Average Unit Costs of information to label their products to the amendments will not have a Energy for electricity (8.28 cents per reflect the products’ energy use based ‘‘significant economic impact on a Kilo Watt-hour) and natural gas (65.6 on the results of the new test procedures substantial number of small entities.’’ 5 cents per therm) that were published by and the new ranges of comparability U.S.C. 605. The Commission has DOE on April 24, 2002 (67 FR 20104) (also based on data derived from the concluded, therefore, that a regulatory and by the Commission on June 7, 2002 new test procedure). flexibility analysis is not necessary, and (67 FR 39269). III. Minor, Conforming Changes to the certifies, under section 605 of the B. Effective Dates EnergyGuide Label Regulatory Flexibility Act (5 U.S.C. Section 326(c) of EPCA states that the 605(b)), that the amendments Commission cannot require that labels The new ranges published here and announced today will not have a be changed more often than annually to the new DOE test procedure also require significant economic impact on a reflect changes in the ranges of a change to the explanatory information substantial number of small entities. comparability.4 Because the effective provided on EnergyGuide labels for VI. Paperwork Reduction Act date of the Federal Register document dishwashers. Currently, establishing the current ranges of § 305.11(a)(5)(i)(H)(2) of the Rule In a June 13, 1988 document (53 FR comparability for compact-sized requires dishwasher labels to contain 22106), the Commission stated that the dishwashers was March 22, 2002, the language indicating that the information Rule contains disclosure and reporting effective date of today’s revised ranges on the label is based on ‘‘six washloads requirements that constitute of comparability for compact-sized a week.’’ Because the new DOE test ‘‘information collection requirements’’ dishwashers will be March 22, 2003. All procedure requires manufacturers to as defined by 5 CFR 1320.7(c), the other amendments announced in this assume 264 cycles per year instead of regulation that implements the 6 document, including the changes to the 322 in their calculation, the explanatory Paperwork Reduction Act. The range for standard dishwashers in language on the EnergyGuide label must Commission noted that the Rule had Appendix C2, will become effective now be changed to state that the been reviewed and approved in 1984 by September 17, 2002. information is based on ‘‘five the Office of Management and Budget (‘‘OMB’’) and assigned OMB Control No. II. Labeling Under the New DOE Test washloads’’ a week. The Commission is amending the requirements in § 305.11 3084–0068. OMB has reviewed the Rule Procedure and extended its approval for its and sample label 4 in Appendix L to recordkeeping and reporting On December 18, 2001 (66 FR 65094), effect these minor and conforming requirements until September 30, 2004. DOE published amendments to the test changes. The Commission is also The amendments now being adopted do procedure that manufacturers must use amending cost information in sample not change the substance or frequency to determine the energy use of their label 4 to reflect this year’s energy cost of the recordkeeping, disclosure, or dishwashers. This new test became information as published by DOE (67 FR reporting requirements and, therefore, effective June 17, 2002. Among other 20104) and the Commission (67 FR do not require further OMB clearance. things, the amended DOE test procedure 39269). reduces the number of annual cycles List of Subjects in 16 CFR Part 305 manufacturers must use in calculating IV. Administrative Procedure Act their dishwashers’ energy consumption. Advertising, Energy conservation, These changes uniformly have The amendments published in this Household appliances, Labeling, decreased the disclosed energy document involve routine, technical Reporting and recordkeeping consumption for dishwashers. Under and minor, or conforming changes to the requirements. EPCA, all energy use representations labeling requirements in the Rule. These Accordingly, 16 CFR Part 305 is (including information on the technical amendments merely provide a amended as follows: routine change to the range information EnergyGuide labels) must reflect the PART 305—[AMENDED] amended test procedure beginning 180 required on EnergyGuide labels. The days after the change in the procedure minor or conforming amendments 1. The authority citation for part 305 is prescribed (i.e., June 17, 2002).5 In a require changes to the EnergyGuide continues to read as follows: May 17, 2002 document (67 FR 35006), label so that the information is accurate Authority: 42 U.S.C. 6294. however, the Commission announced and reflects recent changes that DOE has 2. Section 305.11(a)(5)(i)(H)(2) is that it does not expect manufacturers to made to the test procedures for these revised to read as follows: change their labels this year to reflect products. Accordingly, the Commission the amended test procedure until after finds for good cause that public § 305.11 Labeling for covered products. the Commission publishes new ranges comment for these technical, procedural (a) * * * amendments is impractical and (5) * * * 4 42 U.S.C. 6296(c). unnecessary (5 U.S.C. 553(b)(A)(B) and 5 42 U.S.C. 6293(c). (d)). 6 44 U.S.C. 3501–3520.
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(i) * * * [Electric cost figure will be boxed] when used 3. Appendix to Part 305 is revised to (H) * * * with an electric water heater [Gas cost figure read as follows: will be boxed] when used with a natural gas (2) For clothes washers and Appendix C1 to Part 305—Compact dishwashers, the statement will read as water heater. Based on [5 washloads a week for Dishwashers follows (fill in the blanks with the dishwashers, or 8 washloads a week for Range Information appropriate appliance name, the clothes washers], and a [Year] U.S. ‘‘Compact’’ includes countertop operating cost, the number of loads per Government national average cost of $—— week, the year, and the energy cost dishwasher models with a capacity of fewer per KWh for electricity and $—— per therm than eight (8) place settings. Place settings figures): for natural gas. Your actual operating cost shall be in accordance with appendix C to 10 [Clothes Washers, or Dishwashers] using will vary depending on your local utility CFR Part 430, subpart B. Load patterns shall more energy cost more to operate. This rates and your use of the product. conform to the operating normal for the model’s estimated yearly operating cost is: * * * * * model being tested.
Range of estimated annual en- Capacity Compact ergy consumption (k Wh/yr.) Low High
Compact ...... 176 176
Cost Information therm), and the text below the box must Appendix C2 to Part 305—Standard When the above ranges of comparability identify the costs as such. Dishwashers Range Information are used on Energy Guide labels for compact- * * * * * sized dishwashers, the estimated annual ‘‘Standard’’ includes portable or built-in operating cost disclosure appearing in the 4. Appendix C2 to Part 305 is revised dishwasher models with a capacity of eight box at the bottom of the labels must be to read as follows: (8) or more place settings. Place settings shall derived using the 2002 Representative be in accordance with appendix C to 10 CFR Average Unit Costs for electricity (8.28¢ per part 430, subpart B. Load patterns shall kilo Watt-hour) and natural gas (65.6¢ per conform to the operating normal for the model being tested.
Range of estimated annual en- Capacity ergy consumption (k Wh/yr.) Low High
Standard ...... 312 573
Cost Information Average Unit Costs for electricity (8.28¢ per Appendix L to Part 305—Sample Labels When the above ranges of comparability kilo Watt-hour) and natural gas (65.6¢ per * * * * * are used on Energy Guide labels for standard- therm), and the text below the box must sized dishwashers, the estimated annual identify the costs as such. BILLING CODE 6750–01–M operating cost disclosure appearing in the 5. Appendix L to part 305 is amended box at the bottom of the labels must be derived using the 2002 Representative by revising Sample Label 4 to read as follows:
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By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 02–18114 Filed 7–18–02; 8:45 am] BILLING CODE 6750–01–C
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DEPARTMENT OF THE TREASURY The U.S. shares in the international certain archaeological material from concern for the need to protect Cyprus as described below. Customs Service endangered cultural property. The It is noted that emergency import appearance in the U.S. of stolen or restrictions on Byzantine Ecclesiastical 19 CFR Part 12 illegally exported artifacts from other and Ritual Ethnological Material from countries where there has been pillage [T.D. 02–37] Cyprus were previously imposed and has, on occasion, strained our foreign are still in effect. (See T.D. 99–35, RIN 1515—AC86 and cultural relations. This situation, combined with the concerns of published in the Federal Register (64 Import Restrictions Imposed on Pre- museum, archaeological, and scholarly FR 17529) on April 12, 1999.) These Classical and Classical Archaeological communities, was recognized by the emergency import restrictions are Material Originating in Cyprus President and Congress. It became separate and independent from the apparent that it was in the national restrictions published in this document. AGENCY: Customs Service, Treasury. interest for the U.S. to join with other Material Encompassed in Import ACTION: Final rule. countries to control illegal trafficking of Restrictions such articles in international commerce. SUMMARY: This document amends the The U.S. joined international efforts In reaching the decision to Customs Regulations to reflect the and actively participated in recommend protection for the cultural imposition of import restrictions on deliberations resulting in the 1970 patrimony of Cyprus, the Associate certain archaeological material UNESCO Convention on the Means of Director for Educational and Cultural originating in Cyprus and representing Prohibiting and Preventing the Illicit Affairs of the former United States the pre-Classical and Classical periods Import, Export and Transfer of of its cultural heritage, ranging in date Information Agency determined that, Ownership of Cultural Property (823 pursuant to the requirements of the Act, from approximately the 8th millennium U.N.T.S. 231 (1972)). U.S. acceptance of B.C. to approximately 330 A.D. These the cultural patrimony of Cyprus is in the 1970 UNESCO Convention was jeopardy from the pillage of restrictions are being imposed pursuant codified into U.S. law as the to an agreement between the United archaeological materials which ‘‘Convention on Cultural Property represent its pre-Classical and Classical States and the Republic of Cyprus that Implementation Act’’ (Pub. L. 97–446, heritage. Dating from approximately the has been entered into under the 19 U.S.C. 2601 et seq.) (‘‘the Act’’). authority of the Convention on Cultural 8th millennium B.C. to approximately This was done to promote U.S. Property Implementation Act in 330 A.D., categories of restricted leadership in achieving greater accordance with the United Nations artifacts include ceramic vessels, international cooperation towards Educational, Scientific and Cultural sculpture, and inscriptions; stone preserving cultural treasures that are of Organization (UNESCO) Convention on vessels, sculpture, architectural importance to the nations from where the Means of Prohibiting and Preventing they originate and to achieving greater elements, seals, amulets, inscriptions, the Illicit Import, Export and Transfer of international understanding of stelae, and mosaics; metal vessels, Ownership of Cultural Property. The mankind’s common heritage. stands sculpture, and personal objects. document amends the Customs During the past several years, import These materials are of cultural Regulations by adding Cyprus to the list significance because Cypriot culture is of countries for which an agreement has restrictions have been imposed on archaeological and ethnological artifacts among the oldest in the Mediterranean. been entered into for imposing import While Cypriot culture derives from restrictions. The document also contains of a number of signatory nations. These restrictions have been imposed as a interactions with neighboring societies, the Designated List of Archaeological it is uniquely Cypriotic in character and Material that describes the types of result of requests for protection received represents the history and development articles to which the restrictions apply. from those nations as well as pursuant to bilateral agreements between the of the island about which important EFFECTIVE DATE: July 19, 2002. United States and other countries. More information continues to be found FOR FURTHER INFORMATION CONTACT: information on import restrictions can through in situ archaeological research. (Legal Aspects) Joseph Howard, be found on the International Cultural The restrictions imposed in this Intellectual Property Rights Branch Property Protection web site (http:// document apply to objects from (202) 572–8701; (Operational Aspects) exchanges.state.gov/culprop). throughout the island of Cyprus. Al Morawski, Trade Operations (202) Import restrictions are now being 927–0402. imposed on certain archaeological Designated List SUPPLEMENTARY INFORMATION: material of Cyprus representing the pre- Classical and Classical periods of its The bilateral agreement between Background cultural heritage as the result of a Cyprus and the United States covers the The value of cultural property, bilateral agreement entered into categories of artifacts described in a whether archaeological or ethnological between the United States and the Designated List of Archaeological in nature, is immeasurable. Such items Republic of Cyprus. This agreement was Material from Cyprus, which is set forth often constitute the very essence of a entered into on July 16, 2002, pursuant below. Importation of articles on this society and convey important to the provisions of 19 U.S.C. 2602. list is restricted unless the articles are information concerning a people’s Accordingly, § 12.104g(a) of the accompanied by an appropriate export origin, history, and traditional setting. Customs Regulations is being amended certificate issued by the Government of The importance and popularity of such to indicate that restrictions have been the Republic of Cyprus or items regrettably makes them targets of imposed pursuant to the agreement documentation demonstrating that the theft, encourages clandestine looting of between the United States and Cyprus. articles left the country of origin prior archaeological sites, and results in their This document amends the regulations to the effective date of the import illegal export and import. by imposing import restrictions on restriction.
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Archaeological Material From Cyprus Varieties include White Painted I–II Red-Drab Polished ware, and Base Ring Representing Pre-Classical and wares, Black Slip I–II wares, Bichrome ware. Approximately 10–25 cm in Classical Periods Ranging in Date From II–III wares, and Black-on-Red ware. height. Approximately the 8th Millennium B.C. Approximately 7–30 cm in height. (b) Cypro-Geometric to Cypro-Archaic to Approximately 330 A.D. 6. Cypro-Archaic I–II (c. 750–475 (c. 1050–475 B.C.)—Figurines show a B.C.)—Forms include bowls, plates, jugs greater diversity of form than earlier I. Ceramic and juglets, cups, kraters, amphoriskoi, figurines. Female figurines are still A. Vessels oinochoe, and amphorae. Many of the common, but forms also include male forms are painted with bands, lines, horse-and-rider figurines; warrior 1. Neolithic and Chalcolithic (c. 7500– concentric circles, and other geometric figures; animals such as birds, bulls and 2300 B.C.)—Bowls and jars, including and floral patterns. Animal designs pigs; tubular figurines; boat models; and spouted vessels. Varieties include occur in the Free Field style. Molded human masks. In the Cypro-Archaic Combed ware, Black Lustrous ware, Red decoration in the form of female period, terra cotta models illustrate a Lustrous ware, and Red-on-White figurines may also be applied. Red and variety of daily activities, including the painted ware. Approximately 10–24 cm dark brown paint is used on Bichrome process of making pottery and grinding in height. ware. Black paint on a red polished grain. Other examples include 2. Early Bronze Age (c. 2300–1850 surface is common on Black-on-Red musicians and men in chariots. B.C.)—Forms are hand-made and ware. Other varieties include Bichrome Approximately 7–19 cm in height. include bowls, jugs, juglets, jars, and Red, Polychrome Red, and Plain White. (c) Cypro-Classical to Roman (c. 475 specialized forms, such as askoi, Approximately 12–45 cm in height. B.C.–330 A.D.)—Figurines mirror the pyxides, gourd-shape, multiple-body 7. Cypro-Classical I–II (c. 475–325 classical tradition of Greece and Roman. vessels, and vessels with figurines B.C.)—Forms include bowls, shallow Types include draped women, nude attached. Cut-away spouts, multiple dishes, jugs and juglets, oinochoai, and youths, and winged figures. spouts, basket handles, and round bases amphorae. The use of painted Approximately 9–20 cm in height. commonly occur. Incised, punctured, decoration in red and brown, as well as 2. Large Scale Terracotta Figurines— molded, and applied ornament, as well blue/green and black continues. Some Dating to the Cypro-Archaic period (c. as polishing and slip, are included in vessels have molded female figurines 750–475 B.C.), full figures about half the range of decorative techniques. applied. Decorative designs include life-size, are commonly found in Approximately 13–60 cm in height. floral and geometric patterns. sanctuaries. Illustrated examples 3. Middle Bronze Age (c. 1850–1550 Burnishing also occurs. Varieties include the head of a woman decorated B.C.)—Forms are hand-made and include Polychrome Red, Black-on-Red, with rosettes and a bearded male with include bowls, jugs, juglets, jars, Polychrome Red, Stroke Burnished, and spiral-decorated helmet. Approximately zoomorphic askoi, bottles, amphorae, White Painted wares. Approximately 6– 50–150 cm in height. and amphoriskoi. Some have multiple 40 cm in height. 3. Funerary Statuettes—Dating to the spouts and basket or ribbon handles. 8. Hellenistic (c. 325 B.C.–50 B.C.)— Cypro-Classical period (c. 475–325 Decorative techniques include red and Forms include bowls, dishes, cups, B.C.), these illustrate both male and brown paint, incised or applied unguentaria, jugs and juglets, pyxides, female figures draped, often seated, as decoration, and polishing. Varieties and amphorae. Most of the ceramic expressions of mourning. include Red Polished ware, White vessels of the period are undecorated. Approximately 25–50 cm in height. Painted ware, Black Slip ware, Red Slip Those that are decorated use red, brown, C. Inscriptions ware, and Red-on-Black ware. or white paint in simple geometric Approximately 4–25 cm in height. patterns. Ribbing is also a common Writing on clay is restricted to the 4. Late Bronze Age (c. 1550–1050 decorative technique. Some floral Late Bronze Age (c. 1550–1050 B.C.). B.C.)—Forms include bowls, jars, jugs patterns are also used. Varieties include These occur on clay tablets, weights, and juglets, tankards, rhyta, bottles, Glazed Painted ware and Glazed ware. and clay balls. Approximately 2–7 cm in kraters, alabastra, stemmed cups, cups, Imports include Megarian bowls. height. stirrup jars, amphorae, and Approximately 5–25 cm in height. II. Stone amphoriskoi. A wide variety of spouts, 9. Roman (c. 50 B.C.–330 A.D.)— handles, and bases are common. Forms include bowls, dishes, cups, jugs A. Vessels Zoomorphic vessels also occur. and juglets, unguentaria, amphora, and Ground stone vessels occur from the Decorative techniques include painted cooking pots. Decorative techniques Neolithic to the Hellenistic period (c. design in red or brown, polishing, and include incision, embossing, molded 7500–50 B.C.). Early vessels are from punctured or incised decoration. decoration, grooved decoration, and local hard stone. Most are bowl-shaped; Varieties include White Slip, Base Ring paint. Varieties include Terra Sigillata some are trough-shaped with spouts and ware, White Shaved ware, Red Lustrous and Glazed and Green Glazed wares. handles. Neolithic vessels often have ware, Bichrome Wheel-made ware, and Approximately 5–55 cm in height. incised or perforated decoration. Late Proto-White Painted ware. Some Bronze Age vessels include amphoriskoi examples of local or imported B. Sculpture and kraters with handles. Sometimes Mycenaean Late Helladic III have also 1. Terracotta Figurines (small these have incised decoration. Alabaster been found. Approximately 5–50 cm in statuettes) was also used for stone vessels in the height. (a) Neolithic to Late Bronze Age (c. Late Bronze Age and Hellenistic period. 5. Cypro-Geometric I–III (c. 1050–750 7500–1050 B.C.)—Figurines are small, In the latter period, stone vessels are B.C.)—Forms include bowls, jugs, hand-made, and schematic in form. produced in the same shapes as ceramic juglets, jars, cups, skyphoi, amphorae, Most represent female figures, often vessels: amphorae, unguentaria, etc. amphoriskos, and tripods. A variety of standing and sometimes seated and Approximately 10–30 cm in height. spouts, handles and base forms are giving birth or cradling an infant. used. Decorative techniques include Features and attributes are marked with B. Sculpture paint in dark brown and red, ribbing, incisions or paint. Figurines occur in 1. Neolithic to Chalcolithic (c. 7500– polish, and applied projections. Red-on-White ware, Red Polished ware, 2300 B.C.)—Forms include small scale
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human heads, fiddle-shaped human H. Floor Mosaics on the above-listed cultural property of figures, steatopygous female figures, Floor mosaics date as early as the 4th Cyprus is being made in response to a cruciform idols with incised decoration, century B.C. in domestic and public bilateral agreement entered into in and animal figures. Andesite and contexts and continue to be produced furtherance of the foreign affairs limestone are commonly used in these through the 3rd century A.D. Examples interests of the United States, pursuant periods. Approximately 5–30 cm in include the mosaics at Nea Paphos, to the Administrative Procedure Act, (5 height. Kourion, and Kouklia. U.S.C. 553(a)(1)), no notice of proposed rulemaking or public procedure is 2. Cypro-Classical (c. 475–325 B.C.)— III. Metal necessary. For the same reason, a Small scale to life-size human figures, delayed effective date is not required whole and fragments, in limestone and A. Copper/Bronze pursuant to 5 U.S.C. 553(d)(3). marble, are similar to the Classical 1. Vessels—Dating from the Bronze tradition in local styles. Examples Age (c. 2300 B.C.) through the 3rd Regulatory Flexibility Act include the limestone head of a youth century A.D., bronze vessel forms in Neo-Cypriote style, votive female Because no notice of proposed include bowls, cups, amphorae, jugs, rulemaking is required, the provisions figures in Proto-Cypriot style, a kouros juglets, pyxides, dippers, lamp stands, in Archaic Greek style, statues and of the Regulatory Flexibility Act (5 dishes, and plates. Approximately 4–30 U.S.C. 601 et seq.) do not apply. statuettes representing Classical gods cm in height. such as Zeus and Aphrodite, as well as Accordingly, this final rule is not 2. Bronze Stands—Dating from the subject to the regulatory analysis or portrait heads of the Greek and Roman Late Bronze Age (c. 1550 B.C.) through periods. Approximately 10–200 cm in other requirements of 5 U.S.C. 603 and the end of the Classical period (c. 325 604. height. B.C.), are bronze stands with animal Executive Order 12866 C. Architectural Elements decoration. 3. Sculpture—Dating from the Late This amendment does not meet the Bronze Age (c. 1550) to the end of the Sculpted stone building elements criteria of a ‘‘significant regulatory Hellenistic period (c. 50 B.C.), small occur from the 5th century B.C. through action’’ as described in E.O. 12866. the 3rd century A.D. These include figural sculpture includes human forms columns and column capitals, relief with attached attributes such as spears Drafting Information decoration, chancel panels, window or goblets, animal figures, animal- and The principal author of this document frames, revetments, offering tables, coats vessel-shaped weights, and Classical was Bill Conrad, Regulations Branch, of arms, and gargoyles. representations of gods and mythological figures. Approximately 5– Office of Regulations and Rulings, U.S. D. Seals 25 cm in height. Customs Service. However, personnel 4. Personal Objects—Dating from the from other offices participated in its Dating from the Neolithic (7500 B.C.) Early Bronze Age (c. 2300 B.C.) to the development. through 3rd century A.D., conical seals, end of the Roman period (330 A.D.), List of Subjects in 19 CFR Part 12 scarabs, cylinder seals, and bread forms include toggle pins, straight pins, stamps are incised with geometric fibulae, and mirrors. Customs duties and inspections, decoration, pictoral scenes, and Imports, Cultural property. inscriptions. Approximately 2–12 cm in B. Silver Amendment to the Regulations height. 1. Vessels—Dating from the Bronze E. Amulets and Pendants Age (c. 2300 B.C.) through the end of the Accordingly, Part 12 of the Customs Roman period (330 A.D.), forms include Regulations (19 CFR Part 12) is Dating to the Chalcolithic period, bowls, dishes, coffee services, and amended as set forth below: these pendants are made of picrolite and ceremonial objects such as incense are oval or rectangular in form. burners. These are often decorated with PART 12—[AMENDED] Approximately 4–5 cm in length. molded or incised geometric motifs or figural scenes. 1. The general authority and specific F. Inscriptions 2. Jewelry—Dating from the Cypro- authority citations for Part 12, in part, Geometric period (c. 1050 B.C.) through continue to read as follows: Inscribed stone materials date from the end of the Roman period (330 A.D.), the 6th century B.C. through the 3rd Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 forms include fibulae, rings, bracelets, century A.D. During the Cypro-Classical (General Note 22, Harmonized Tariff and spoons. Schedule of the United States (HTSUS)), period, funerary stelae, and votive 1624; plaques were inscribed. From the 1st to C. Gold Jewelry the 3rd century A.D. funerary plaques, * * * * * Gold jewelry has been found on mosaic floors, and building plaques Sections 12.104 through 12.104i also Cyprus from the Early Bronze Age (c. were inscribed. issued under 19 U.S.C. 2612; 2300 B.C.) through the end of the * * * * * G. Funerary Stelae (uninscribed) Roman period (330 A.D.). Items include hair ornaments, bands, frontlets, § 12.104g [Amended] Funerary stelae date from the 6th pectorals, earrings, necklaces, rings, century B.C. to the end of the pendants, plaques, beads, and bracelets. 2. In § 12.104g, paragraph (a), the list Hellenistic period (c. 50 B.C.). Marble of agreements imposing import and other stone sculptural monuments Inapplicability of Notice and Delayed restrictions on described articles of have relief decoration of animals or Effective Date cultural property of State Parties, is human figures seated or standing. Stone Because the amendment to the amended by adding Cyprus in coffins also have relief decoration. Customs Regulations contained in this appropriate alphabetical order as Approximately 50–155 cm in height. document imposing import restrictions follows:
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State Cultural property T.D. No.
******* Cyprus ...... Archaeological Material of pre-Classical and Classical periods ranging approxi- T.D. 02–37 mately from the 8th millennium B.C. to 330 A.D..
*******
* * * * * summary. Section 520.905b is also being (c) Special considerations. See Dated: July 16, 2002. revised to reflect a current format. § 500.25 of this chapter. (d) Conditions of use—(1) Horses—(i) Robert C. Bonner, In accordance with the freedom of Amount. 5 mg/kilogram (kg) for large Commissioner of Customs. information provisions of 21 CFR part 20 and 514.11(e)(2)(ii), a summary of strongyles, small strongyles, and Timothy E. Skud, safety and effectiveness data and pinworms; 10 mg/kg for ascarids. Deputy Assistant Secretary of the Treasury. information submitted to support * * * * * [FR Doc. 02–18342 Filed 7–17–02; 10:29 am] approval of this application may be seen (2) Dogs—(i) Amount. 50 mg/kg daily BILLING CODE 4820–02–P in the Dockets Management Branch for 3 consecutive days. (HFA–305), Food and Drug * * * * * Administration, 5630 Fishers Lane, rm. (3) Zoo and wildlife animals—(i) DEPARTMENT OF HEALTH AND 1061, Rockville, MD 20852, between 9 Amount. 10 mg/kg per day for 3 days. HUMAN SERVICES a.m. and 4 p.m., Monday through * * * * * Friday. Food and Drug Administration Dated: July 8, 2002. The agency has determined under 21 Stephen F. Sundlof, 21 CFR Part 520 CFR 25.33(d)(1) that this action is of a type that does not individually or Director, Center for Veterinary Medicine. Oral Dosage Form New Animal Drugs; cumulatively have a significant effect on [FR Doc. 02–18177 Filed 7–18–02; 8:45 am] Fenbendazole Granules the human environment. Therefore, BILLING CODE 4160–01–S neither an environmental assessment AGENCY: Food and Drug Administration, nor an environmental impact statement HHS. is required. DEPARTMENT OF HEALTH AND ACTION: Final rule. This rule does not meet the definition HUMAN SERVICES of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because SUMMARY: The Food and Drug Food and Drug Administration it is a rule of ‘‘particular applicability.’’ Administration (FDA) is amending the Therefore, it is not subject to the animal drug regulations to reflect 21 CFR Part 522 congressional review requirements in 5 approval of a supplemental new animal U.S.C. 801–808. drug application (NADA) filed by Implantation or Injectable Dosage Intervet, Inc. The supplemental NADA List of Subjects in 21 CFR Part 520 Form New Animal Drugs; provides for change from prescription to Oxytetracycline Injection Animal drugs. over-the-counter marketing status for AGENCY: Food and Drug Administration, Therefore, under the Federal Food, the oral use in dogs of fenbendazole HHS. granules for removal of certain internal Drug, and Cosmetic Act and under ACTION: Final rule. parasites. authority delegated to the Commissioner DATES: This rule is effective July 19, of Food and Drugs and redelegated to SUMMARY: The Food and Drug 2002. the Center for Veterinary Medicine, 21 Administration (FDA) is amending the CFR part 520 is amended as follows: FOR FURTHER INFORMATION CONTACT: animal drug regulations to reflect Melanie R. Berson, Center for Veterinary PART 520—ORAL DOSAGE FORM approval of a supplemental abbreviated Medicine (HFV–110), Food and Drug NEW ANIMAL DRUGS new animal drug application (ANADA) Administration, 7500 Standish Pl., filed by Pliva d.d. The supplemental Rockville, MD 20855, 301–827–7540, 1. The authority citation for 21 CFR ANADA provides for the subcutaneous [email protected]. part 520 continues to read as follows: administration of an oxytetracycline injectable solution to cattle, and for its Authority: 21 U.S.C. 360b. SUPPLEMENTARY INFORMATION: Intervet, use in lactating dairy cattle. Inc., P.O. Box 318, 405 State St., 2. Section 520.905b is amended by DATES: This rule is effective July 19, Millsboro, DE 19966, filed a supplement redesignating paragraph (c) as paragraph 2002. to NADA 121–473 that provides for oral (d); by adding new paragraph (c); by use in dogs of PANACUR–C removing the last sentence in newly FOR FURTHER INFORMATION CONTACT: (fenbendazole) Granules 22.2% for designated paragraphs (d)(1)(iii) and Lonnie W. Luther, Center for Veterinary removal of certain internal parasites. (d)(2)(iii); by revising paragraphs (a), Medicine (HFV–101), Food and Drug The supplemental NADA provides for and newly designated (d)(1)(i), (d)(2)(i), Administration, 7500 Standish Pl., change from prescription to over-the- and (d)(3)(i) to read as follows: Rockville, MD 20855, 301–827–0209, e- counter marketing status. The mail: [email protected]. § 520.905b Fenbendazole granules. supplemental NADA is approved as of SUPPLEMENTARY INFORMATION: Pliva d.d., March 19, 2002, and the regulations are (a) Specifications. Each gram of Ulica grada Vukovara 49, 10000 Zagreb, amended in 21 CFR 520.905b to reflect granules contains 222 milligrams (mg) Croatia, filed a supplement to approved the approval. The basis of approval is fenbendazole. ANADA 200–232 that provides for the discussed in the freedom of information * * * * * use of GEOMYCIN 200 (oxytetracycline)
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Injection as a treatment for various Dated: July 11, 2002. 20503, with copies to the Internal bacterial diseases in cattle and swine. Andrew J. Beaulieu, Revenue Service, Attn: IRS Reports The supplemental ANADA provides for Acting Director, Office of New Animal Drug Clearance Officer, W:CAR:MP:FP:S, the subcutaneous administration of this Evaluation, Center for Veterinary Medicine. Washington, DC 20224. Comments on oxytetracycline injectable solution to [FR Doc. 02–18178 Filed 7–18–02; 8:45 am] the collection of information should be cattle, and for its use in lactating dairy BILLING CODE 4160–01–S received by September 17, 2002. cattle. The supplemental application is Comments are specifically requested approved as of April 8, 2002, and the concerning: regulations are amended in 21 CFR DEPARTMENT OF THE TREASURY Whether the collection of information 522.1660d to reflect the approval. The is necessary for the proper performance basis of approval is discussed in the Internal Revenue Service of the functions of the Internal Revenue freedom of information summary. Service, including whether the 26 CFR Parts 1 and 602 information will have practical utility; In accordance with the freedom of The accuracy of the estimated burden information provisions of 21 CFR part [TD 9004] associated with the collection of 20 and 514.11(e)(2)(ii), a summary of information (see below); safety and effectiveness data and RIN 1545–AW98 How the quality, utility, and clarity of information submitted to support Real Estate Mortgage Investment the information to be collected may be approval of this application may be seen Conduits enhanced; in the Dockets Management Branch How the burden of complying with (HFA–305), Food and Drug AGENCY: Internal Revenue Service (IRS), the collection of information may be Administration, 5630 Fishers Lane, rm. Treasury. minimized, including through the 1061, Rockville, MD 20852, between 9 ACTION: Final regulations. application of automated collection a.m. and 4 p.m., Monday through techniques or other forms of information Friday. SUMMARY: This document contains final technology; and Estimates of capital or start-up costs The agency has determined under 21 regulations relating to safe harbor transfers of noneconomic residual and costs of operation, maintenance, CFR 25.33(a)(1) that this action is of a interests in real estate mortgage and purchase of service to provide type that does not individually or investment conduits (REMICs). The information. cumulatively have a significant effect on final regulations provide additional An agency may not conduct or the human environment. Therefore, limitations on the circumstances under sponsor, and a person is not required to neither an environmental assessment which transferors may claim safe harbor respond to, a collection of information nor an environmental impact statement treatment. unless it displays a valid control is required. DATES: Effective Date: These regulations number assigned by the Office of This rule does not meet the definition are effective July 19, 2002. Management and Budget. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Applicability Date: For dates of The estimated total annual reporting it is a rule of ‘‘particular applicability.’’ applicability, see § 1.860E–(1)(c)(10). burden is 470 hours, based on an Therefore, it is not subject to the estimated number of respondents of 470 FOR FURTHER INFORMATION CONTACT: and an estimated average annual burden congressional review requirements in 5 Courtney Shepardson at (202) 622–3940 U.S.C. 801–808. hours per respondent of one hour. (not a toll-free number). Books or records relating to a List of Subject in 21 CFR Part 522 SUPPLEMENTARY INFORMATION: collection of information must be Paperwork Reduction Act retained as long as their contents may Animal drugs. become material in the administration Therefore, under the Federal Food, The collection of information in this of any internal revenue law. Generally, Drug, and Cosmetic Act and under final rule has been reviewed and, tax returns and tax return information authority delegated to the Commissioner pending receipt and evaluation of are confidential, as required by 26 of Food and Drugs and redelegated to public comments, approved by the U.S.C. 6103. Office of Management and Budget the Center for Veterinary Medicine, 21 Background CFR part 522 is amended as follows: (OMB) under 44 U.S.C. 3507 and assigned control number 1545–1675. This document contains final PART 522—IMPLANTATION OR The collection of information in this regulations regarding the proposed INJECTABLE DOSAGE FORM NEW regulation is in § 1.860E–1(c)(5)(ii). This amendments to 26 CFR part 1 under ANIMAL DRUGS information is required to enable the section 860E of the Internal Revenue IRS to verify that a taxpayer is Code (Code). The regulations provide 1. The authority citation for 21 CFR complying with the conditions of this the circumstances under which a part 522 continues to read as follows: regulation. The collection of transferor of a noneconomic REMIC information is mandatory and is residual interest meeting the Authority: 21 U.S.C. 360b. required. Otherwise, the taxpayer will investigation and representation § 522.1660 [Amended] not receive the benefit of safe harbor requirements may avail itself of the safe treatment as provided in the regulation. harbor by satisfying either the formula 2. Section 522.1660 Oxytetracycline The likely respondents are businesses test or the asset test. injection is amended in paragraph and other for-profit institutions. Final regulations governing REMICs, (d)(1)(iii) in the second sentence by Comments on the collection of issued in 1992, contain rules governing numerically adding ‘‘011722,’’; in the information should be sent to the Office the transfer of noneconomic REMIC eighth sentence by removing ‘‘011722,’’; of Management and Budget, Attn: Desk residual interests. In general, a transfer and in the ninth sentence by removing Officer for the Department of the of a noneconomic residual interest is ‘‘sponsor 000069’’ and by adding in its Treasury, Office of Information and disregarded for all tax purposes if a place ‘‘sponsors 000069 and 011722’’. Regulatory Affairs, Washington, DC, significant purpose of the transfer is to
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enable the transferor to impede the the transferor may invoke the safe 1(c)(8)(i) provides that the transferee is assessment or collection of tax. A harbor if the transferee meets a two- presumed to pay tax at a rate equal to purpose to impede the assessment or prong test (the asset test). A transferee the highest rate of tax specified in collection of tax (a wrongful purpose) generally meets the first prong of this section 11(b). Some commentators were exists if the transferor, at the time of the test if, at the time of the transfer, and in concerned that this presumed rate of transfer, either knew or should have each of the two years preceding the year taxation was too high because it does known that the transferee would be of transfer, the transferee’s gross assets not take into consideration taxpayers unwilling or unable to pay taxes due on exceed $100 million and its net assets subject to the alternative minimum tax its share of the REMIC’s taxable income. exceed $10 million. A transferee rate. In light of the comments received, Under a safe harbor, the transferor of generally meets the second prong of this this provision has been amended in the a REMIC noneconomic residual interest test if it is a domestic, taxable final regulations to allow certain is presumed not to have a wrongful corporation and agrees in writing not to transferees that compute their taxable purpose if two requirements are transfer the interest to any person other income using the alternative minimum satisfied: (1) the transferor conducts a than another domestic, taxable tax rate to use the alternative minimum reasonable investigation of the corporation that also satisfies the tax rate applicable to corporations. transferee’s financial condition (the requirements of the asset test. A Additionally, § 1.860E–1(c)(8)(iii) investigation requirement); and (2) the transferor cannot rely on the asset test provides that the present values in the transferor secures a representation from if the transferor knows, or has reason to formula test are to be computed using a the transferee to the effect that the know, that the transferee will not discount rate equal to the applicable transferee understands the tax comply with its written agreement to Federal short-term rate prescribed by obligations associated with holding a limit the restrictions on subsequent section 1274(d). This is a change from residual interest and intends to pay transfers of the residual interest. the proposed regulation and Rev. Proc. those taxes (the representation Rev. Proc. 2001–12 provides that the 2001–12. In those publications the requirement). asset test fails to be satisfied in the case provision stated that ‘‘present values are The IRS and Treasury have been of a transfer or assignment of a computed using a discount rate equal to concerned that some transferors of noneconomic residual interest to a the applicable Federal rate prescribed in noneconomic residual interests claim foreign branch of an otherwise eligible section 1274(d) compounded they satisfy the safe harbor even in transferee. If such a transfer or semiannually’’ and that ‘‘[a] lower situations where the economics of the assignment were permitted, a corporate discount rate may be used if the transfer clearly indicate the transferee is taxpayer might seek to claim that the transferee can demonstrate that it unwilling or unable to pay the tax provisions of an applicable income tax regularly borrows, in the course of its associated with holding the interest. For treaty would resource excess inclusion trade or business, substantial funds at this reason, on February 7, 2000, the IRS income as foreign source income, and such lower rate from an unrelated third published in the Federal Register (65 that, as a consequence, any U.S. tax party.’’ The IRS and the Treasury FR 5807) a notice of proposed liability attributable to the excess Department have learned that, based on rulemaking (REG–100276–97; REG– inclusion income could be offset by this provision, certain taxpayers have 122450–98) designed to clarify the safe foreign tax credits. Such a claim would been attempting to use unrealistically harbor by adding the ‘‘formula test,’’ an impede the assessment or collection of low or zero interest rates to satisfy the economic test. The proposed regulation U.S. tax on excess inclusion income, formula test, frustrating the intent of the provides that the safe harbor is contrary to the congressional purpose of test. Furthermore, the Treasury unavailable unless the present value of assuring that such income will be Department and the IRS believe that a the anticipated tax liabilities associated taxable in all events. See, e.g., sections rule allowing for a rate other than a rate with holding the residual interest does 860E(a)(1), (b), (e) and 860G(b) of the based on an objective index would add not exceed the sum of: (1) The present Code. unnecessary complexity to the safe value of any consideration given to the The Treasury and the IRS have harbor. As a result, the rule in the transferee to acquire the interest; (2) the learned that certain taxpayers proposed regulations that permits a present value of the expected future transferring noneconomic residual transferee to use a lower discount rate, distributions on the interest; and (3) the interests to foreign branches have if the transferee can demonstrate that it present value of the anticipated tax attempted to rely on the formula test to regularly borrows substantial funds at savings associated with holding the obtain safe harbor treatment in an effort such lower rate, is not included in the interest as the REMIC generates losses. to impede the assessment or collection final regulations; and the Federal short- The notice of proposed rulemaking of U.S. tax on excess inclusion income. term rate has been substituted for the also contained rules for FASITs. Section Accordingly, the final regulations applicable Federal rate. To simplify 1.860H–6(g) of the proposed regulations provide that if a noneconomic residual taxpayers’ computations, the final provides requirements for transfers of interest is transferred to a foreign regulations allow use of any of the FASIT ownership interests and adopts a permanent establishment or fixed base published short-term rates, provided safe harbor by reference to the safe of a U.S. taxpayer, the transfer is not that the present values are computed harbor provisions of the REMIC eligible for safe harbor treatment under with a corresponding period of regulations. either the asset test or the formula test. compounding. With the exception of the In January 2001, the IRS published The final regulations also require a provisions relating to transfers to foreign Rev. Proc. 2001–12 (2001–3 I.R.B. 335) transferee to represent that it will not branches, these changes generally have to set forth an alternative safe harbor cause income from the noneconomic the proposed applicability date of that taxpayers could use while the IRS residual interest to be attributable to a February 4, 2000, but taxpayers may and the Treasury considered comments foreign permanent establishment or choose to apply the interest rate formula on the proposed regulations. Under the fixed base. set forth in the proposed regulation and alternative safe harbor, if a transferor Section 1.860E–1(c)(8) provides Rev. Proc. 2001–12 for transfers meets the investigation requirement and computational rules that a taxpayer may occurring before August 19, 2002. the representation requirement but the use to qualify for safe harbor status It is anticipated that when final transfer fails to meet the formula test, under the formula test. Section 1.860E– regulations are adopted with respect to
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FASITs, § 1.860H–6(g) of the proposed § 1.860A–0 Outline of REMIC provisions. (ii) The transferee must be an eligible regulations will be adopted in * * * * * corporation (defined in paragraph substantially its present form, with the (c)(6)(i) of this section) and must agree result that the final regulations § 1.860E–1 Treatment of taxable income of in writing that any subsequent transfer contained in this document will also a residual interest holder in excess of daily of the interest will be to another eligible accruals. govern transfers of FASIT ownership corporation in a transaction that interests with substantially the same * * * * * satisfies paragraphs (c)(4)(i), (ii), and applicability date as is contained in this (c) * * * (iii) and this paragraph (c)(5). The direct (5) Asset test. document. (6) Definitions for asset test. or indirect transfer of the residual Effect on Other Documents (7) Formula test. interest to a foreign permanent (8) Conditions and limitations on formula establishment (within the meaning of an Rev. Proc. 2001–12 (2001–3 I.R.B. test. applicable income tax treaty) of a 335) is obsolete for transfers of (9) Examples. domestic corporation is a transfer that is noneconomic residual interests in (10) Effective dates. not a transfer to an eligible corporation. REMICs occurring on or after August 19, * * * * * A transfer also fails to meet the 2002. requirements of this paragraph (c)(5)(ii) Par. 3. Section 1.860E–1 is amended if the transferor knows, or has reason to Special Analyses as follows: know, that the transferee will not honor It is hereby certified that these 1. Paragraph (c)(4)(i) is amended by the restrictions on subsequent transfers regulations will not have a significant removing the language ‘‘and’’ at the end of the residual interest. economic impact on a substantial of the paragraph. (iii) A reasonable person would not number of small entities. This 2. Paragraph (c)(4)(ii) is amended by conclude, based on the facts and certification is based on the fact that it removing the period at the end of the circumstances known to the transferor is unlikely that a substantial number of paragraph and adding a semicolon in its on or before the date of the transfer, that small entities will hold REMIC residual place. the taxes associated with the residual interests. Therefore, a Regulatory 3. Paragraphs (c)(4)(iii) and (c)(4)(iv) interest will not be paid. The Flexibility Analysis under the are added. consideration given to the transferee to Regulatory Flexibility Act (5 U.S.C. 4. Paragraphs (c)(5) through (c)(10) are acquire the noneconomic residual chapter 6) is not required. It has been added. interest in the REMIC is only one factor determined that this Treasury decision The additions read as follows: to be considered, but the transferor will is not a significant regulatory action as § 1.860E–1 Treatment of taxable income of defined in Executive Order 12866. be deemed to know that the transferee a residual interest holder in excess of daily cannot or will not pay if the amount of Therefore, a regulatory assessment is not accruals. required. It also has been determined consideration is so low compared to the * * * * * liabilities assumed that a reasonable that sections 553(b) and 553(d) of the (c) * * * Administrative Procedure Act (5 U.S.C. person would conclude that the taxes (4) * * * associated with holding the residual chapter 5) do not apply to these (iii) The transferee represents that it interest will not be paid. In determining regulations. will not cause income from the whether the amount of consideration is noneconomic residual interest to be Drafting Information too low, the specific terms of the attributable to a foreign permanent formula test in paragraph (c)(7) of this The principal author of these establishment or fixed base (within the section need not be used. regulations is Courtney Shepardson. meaning of an applicable income tax However, other personnel from the IRS (6) Definitions for asset test. The treaty) of the transferee or another U.S. following definitions apply for purposes and Treasury Department participated taxpayer; and in their development. of paragraph (c)(5) of this section: (iv) The transfer satisfies either the (i) Eligible corporation means any List of Subjects asset test in paragraph (c)(5) of this domestic C corporation (as defined in section or the formula test in paragraph 26 CFR Part 1 section 1361(a)(2)) other than— (c)(7) of this section. (A) A corporation which is exempt Income taxes, Reporting and record (5) Asset test. The transfer satisfies the from, or is not subject to, tax under keeping requirements. asset test if it meets the requirements of section 11; paragraphs (c)(5)(i), (ii) and (iii) of this 26 CFR Part 602 (B) An entity described in section section. 851(a) or 856(a); Reporting and record keeping (i) At the time of the transfer, and at (C) A REMIC; or requirements. the close of each of the transferee’s two (D) An organization to which part I of Adoption of Amendments to the fiscal years preceding the transferee’s subchapter T of chapter 1 of subtitle A Regulations fiscal year of transfer, the transferee’s of the Internal Revenue Code applies. gross assets for financial reporting (ii) Related person is any person Accordingly, 26 CFR parts 1 and 602 purposes exceed $100 million and its that— are amended as follows: net assets for financial reporting (A) Bears a relationship to the purposes exceed $10 million. For transferee enumerated in section 267(b) PART 1—INCOME TAXES purposes of the preceding sentence, the or 707(b)(1), using ‘‘20 percent’’ instead Paragraph 1. The authority citation gross assets and net assets of a transferee of ‘‘50 percent’’ where it appears under for part 1 continues to read in part as do not include any obligation of any the provisions; or follows: related person (as defined in paragraph (B) Is under common control (within (c)(6)(ii) of this section) or any other Authority: 26 U.S.C. 7805 * * * the meaning of section 52(a) and (b)) asset if a principal purpose for holding with the transferee. Par. 2. In § 1.860A–0, entries in the or acquiring the other asset is to permit (7) Formula test. The transfer satisfies outline for § 1.860E–1(c)(5) through the transferee to satisfy the conditions of the formula test if the present value of (c)(10) are added to read as follows: this paragraph (c)(5)(i). the anticipated tax liabilities associated
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with holding the residual interest does previously transferred residual interests. U’s Robert E. Wenzel, not exceed the sum of— financial circumstances, including the Deputy Commissioner of Internal Revenue. (i) The present value of any aggregate tax liabilities it has assumed with Approved: July 10, 2002 consideration given to the transferee to respect to REMIC residual interests, would Pamela F. Olson, cause a reasonable person to conclude that U acquire the interest; Acting Assistant Secretary of the Treasury. (ii) The present value of the expected will be unable to meet its tax liabilities when [FR Doc. 02–18021 Filed 7–18–02; 8:45 am] future distributions on the interest; and due. The transfers in the last month of the (iii) The present value of the year fail to satisfy the investigation BILLING CODE 4830–01–P anticipated tax savings associated with requirement in paragraph (c)(4)(i) of this section and the asset test requirement of holding the interest as the REMIC DEPARTMENT OF THE TREASURY generates losses. paragraph (c)(5)(iii) of this section because (8) Conditions and limitations on Bank has reason to know that U will not be Internal Revenue Service formula test. The following rules apply able to pay the tax due on those interests. for purposes of the formula test in Example 3. Transfer to a foreign 26 CFR Parts 1 and 601 paragraph (c)(7) of this section. permanent establishment of an eligible (i) The transferee is assumed to pay corporation. R transfers a noneconomic [TD 9006] tax at a rate equal to the highest rate of residual interest in a REMIC to the foreign RIN 1545–AY68 tax specified in section 11(b)(1). If the permanent establishment of Corporation T. transferee has been subject to the Solely because of paragraph (c)(8)(ii) of this Notice to Interested Parties alternative minimum tax under section section, the transfer does not satisfy the AGENCY: Internal Revenue Service (IRS), 55 in the preceding two years and will formula test of paragraph (c)(7) of this Treasury. compute its taxable income in the section. In addition, even if T is an eligible current taxable year using the corporation, the transfer does not satisfy the ACTION: Final regulations. asset test because the transfer fails the alternative minimum tax rate, then the SUMMARY: This document contains final tax rate specified in section 55(b)(1)(B) requirements of paragraph (c)(5)(ii) of this section. regulations relating to the notice to may be used in lieu of the highest rate interested parties requirement. Before specified in section 11(b)(1). (10) Effective dates. Paragraphs (c)(4) the IRS can issue an advance (ii) The direct or indirect transfer of through (c)(9) of this section are determination regarding the the residual interest to a foreign applicable to transfers occurring on or qualification of a retirement plan, a plan permanent establishment or fixed base after February 4, 2000, except for sponsor must provide evidence that it (within the meaning of an applicable paragraphs (c)(4)(iii) and (c)(8)(iii) of has notified all persons who qualify as income tax treaty) of a domestic this section, which are applicable for interested parties that an application for transferee is not eligible for the formula an advance determination will be filed test. transfers occurring on or after August 19, 2002. For the dates of applicability with the IRS. These regulations set forth (iii) Present values are computed standards by which a plan sponsor may using a discount rate equal to the of paragraphs (a) through (c)(3) and (d) of this section, see § 1.860A–1. satisfy the notice to interested parties Federal short-term rate prescribed by requirement. The final regulations affect section 1274(d) for the month of the * * * * * retirement plan sponsors, plan transfer and the compounding period participants and other interested parties PART 602—OMB CONTROL NUMBERS used by the taxpayer. with respect to a determination letter UNDER THE PAPERWORK (9) Examples. The following examples application, and certain representatives illustrate the rules of this section: REDUCTION ACT of interested parties. Example 1. Transfer to partnership. X DATES: Effective Date: These regulations transfers a noneconomic residual interest in Par. 4. The authority citation for part are effective on July 19, 2002. a REMIC to Partnership P in a transaction 602 continues to read as follows: Applicability Date: These regulations that does not satisfy the formula test of apply to applications made on or after paragraph (c)(7) of this section. Y and Z are Authority: 26 U.S.C. 7805. the partners of P. Even if Y and Z are eligible January 1, 2003. corporations that satisfy the requirements of Par. 5. In § 602.101, paragraph (b) is FOR FURTHER INFORMATION CONTACT: paragraph (c)(5)(i) of this section, the transfer amended by adding an entry in Pamela R. Kinard, (202) 622–6060 (not fails to satisfy the asset test requirements numerical order to the table to read as a toll-free number). found in paragraph (c)(5)(ii) of this section follows: SUPPLEMENTARY INFORMATION: because P is a partnership rather than an eligible corporation within the meaning of § 602.101 OMB Control numbers. Background (c)(6)(i) of this section. * * * * * This document contains amendments Example 2. Transfer to a corporation without capacity to carry additional residual (b) * * * to 26 CFR parts 1 and 601 under section interests. During the first ten months of a 7476 of the Internal Revenue Code of year, Bank transfers five residual interests to CFR part or section where Current OMB 1986 (Code). On May 21, 1976, final Corporation U under circumstances meeting identified and described control No. regulations (TD 7421) under section the requirements of the asset test in 7476 were published in the Federal paragraph (c)(5) of this section. Bank is the Register (41 FR 20874). These final major creditor of U and consequently has *****regulations provide guidance on the access to U’s financial records and has ** nature and method of giving notice to knowledge of U’s financial circumstances. 1.860E–1 ...... 1545–1675 interested parties. On January 17, 2001, During the last month of the year, Bank transfers three additional residual interests to a notice of proposed rulemaking (REG– *****129608–00) was published in the U in a transaction that does not meet the ** formula test of paragraph (c)(7) of this Federal Register (66 FR 3954), setting section. At the time of this transfer, U’s forth the proposed new standards for financial records indicate it has retained the delivery of the notice to interested
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parties. No public hearing was for advance determination with the IRS than 10 days nor more than 24 days requested or held. Written comments that are subject to the requirements prior to the date that the application for responding to the notice of proposed under section 410. Section 1.7476– a determination is made. One rulemaking were received. After 1(c)(5) provides that in the case of an commentator requested clarification on consideration of all the comments, the organization described in section whether the time period for providing proposed regulations are adopted as 410(c)(1), which includes governmental notice by electronic mail is the same amended by this Treasury decision. The plans within the meaning of section time period for when notice is given by revisions are discussed below. 414(d), section 410 will be considered to a means other than postal mailing. In apply to a plan year of such the interest of simplification, the final Explanation of Provisions and organization for any plan year in which regulations provide a single time period Summary of Comments section 410(c)(2) applies to the plan. for providing the notice. Under these A. Overview Section 410(c)(1)(A) provides that the final regulations, the notice must be provisions of section 410 (other than given not less than 10 days nor more Section 7476(b)(2) provides that, with section 410(c)(2)) do not apply to than 24 days prior to the date that the respect to a pleading filed by a governmental plans within the meaning application for a determination is made. petitioner for a request for a of section 414(d). Section 410(c)(2) This time period applies to all methods determination on the qualified status of provides that a governmental plan will of delivering the notice to interested a retirement plan under section 7476(a), be treated as meeting the requirements parties. Taxpayers may continue to rely the United States Tax Court may find under section 410 for purposes of on the prior time periods until the the pleading to be premature unless the section 401(a). Prior to 1997, section applicability date of this Treasury petitioner establishes to the satisfaction 410(c)(2) provided that, in order to be decision. of the Court that he has complied with treated as satisfying the requirements of Section 601.201(o)(3)(xvii) describes the requirements prescribed by the section 410, a governmental plan must the procedures for providing additional regulations of the Secretary regarding meet the requirements under section informational material required by the notice to interested parties of the 401(a)(3) as in effect on September 1, § 601.201(o)(3)(xviii), (xix), and (xx), to filing of the request for a determination. 1974, relating to minimum participation the extent that such information is not Section 3001(a) of the Employee standards. Section 1505(a)(1) of the provided in the notice to interested Retirement Income Security Act of 1974 Taxpayer Relief Act of 1997 (TRA ‘‘97) parties. Such materials may include an (ERISA) provides that before issuing an (Public Law 105–34, 111 Stat. 788) updated copy of the plan and related advance determination regarding the added section 401(a)(5)(G), which trust agreement or the determination qualification of a retirement plan, the provides that the nondiscrimination and letter application. One commentator Secretary of Treasury shall require that minimum participation requirements suggested that § 601.201(o)(3)(xvii) be an applicant provide evidence under section 401(a)(3) and (4) do not revised to provide that any reasonable satisfactory to the Secretary that the apply to a governmental plan (within delivery method should be available for applicant has notified each employee the meaning of section 414(d)) providing additional information to who qualifies as an interested party of maintained by a State or local interested parties. The final regulations the application for a determination. The government or political subdivision amend § 601.201(o)(3)(xvii) to clarify final regulations amend §§ 1.7476–2 and thereof (or agency or instrumentality that the procedure for making materials 601.201 regarding the nature and thereof). Thus, section 410 no longer related to an application for method of giving notices to interested applies to such governmental plans. determination available to interested parties. The final regulations generally One commentator requested parties may include any delivery adopt the standards in the proposed clarification that the notice to interested method or a combination thereof that regulations. These final regulations parties requirement under section 7476 reasonably ensures accessibility to all provide that the notice may be provided no longer applies to governmental plans interested parties. by any method reasonably calculated to after TRA ‘‘97. Section 1.7476–1(b)(7) of Section 601.201(o)(3)(xxi) provides ensure that each interested party is the regulations limits the applicability that the notice to interested parties will notified of the application for of the notice to interested parties be deemed given when it is given in determination. Whether a particular requirement to retirement plans that are person, posted as prescribed in the method of delivery satisfies this subject to section 410 of the Code. regulations under section 7476, or standard is determined on the basis of Because a governmental plan received through the mail. One all the facts and circumstances. The established and maintained by a State or commentator suggested that final regulations retain the safe harbor local government or political § 601.201(o)(3)(xxi) be revised to reflect provided in the proposed regulations for subdivision thereof (or agency or the new standards by which a plan plans using an electronic medium to instrumentality thereof) is not subject to sponsor may satisfy the notice to deliver the notice to interested parties. section 410 of the Code, it is also not interested parties requirement. The final Under that safe harbor, a plan sponsor subject to the notice to interested parties regulations amend § 601.201(o)(3)(xxi) will be treated as satisfying the requirement. to clarify that the notice to interested requirements under § 1.7476–2(c)(1) if parties required by § 601.201(o)(3)(xiv) C. Miscellaneous Comments the plan sponsor delivers the notice shall be deemed given when the notice using an electronic medium under a Proposed regulations under is posted or sent to the person in the system that satisfies the requirements of § 601.201(o)(3)(xv) provide that when manner prescribed in the regulations § 1.402(f)-1 Q&A–5. the notice is given other than by under section 7476. mailing, it should be given not less than B. Application of the Notification 7 days nor more than 21 days prior to Effective Date Requirement to Governmental Plans the date that the application for a These regulations apply to Section 1.7476–1(b)(7) provides that determination is made. When the notice applications made on or after January 1, § 1.7476–1(b), relating to the definition is provided by mailing, prior final 2003. For applications made prior to of interested parties, applies only to regulations under § 601.201(o)(3)(xv) that date, taxpayers may continue to retirement plans filing an application provide that the notice be given not less rely on the standards set forth in the
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prior final regulations or the proposed 2. Paragraph (e) is added. notice required under this section to regulations published in the Federal The revisions and addition read as interested parties. Register on January 17, 2001 (66 FR follows: (ii) Employer B has multiple worksites. 3954). Employer B’s employees located at worksites § 1.7476–2 Notice to interested parties. 1 through 4 have reasonable access to Special Analyses * * * * * computers at their workplace. However, (b) Nature of notice. The notice Employer B’s employees located at worksite It has been determined that this 5 do not have access to computers. Treasury decision is not a significant required by this section shall— (iii) For present employees with reasonable regulatory action as defined in (1) Contain the information and be access to computers (worksites 1 through 4), Executive Order 12866. Therefore, a given within the time period prescribed Employer B provides the notice by posting regulatory assessment is not required. It in § 601.201(o)(3) of this chapter; and the notice on Employer B’s web site (Internet also has been determined that section (2) Be given in a manner prescribed in or intranet). Employees at worksites 1 553(b) of the Administrative Procedure paragraph (c) of this section. through 4 customarily receive employer Act (5 U.S.C. chapter 5) does not apply (c) Method of giving notice. (1) In the notification with regard to employment and to these regulations, and because these case of a present employee, former employee benefit matters from the Employer employee, or beneficiary who is an B’s web site. For present employees without regulations do not impose a collection access to computers (worksite 5), Employer B of information on small entities, the interested party, the notice may be provides the notice by posting the notice at Regulatory Flexibility Act (5 U.S.C. provided by any method reasonably worksite 5 in a location that is customarily chapter 6) does not apply. Pursuant to calculated to ensure that each interested used for employer notices to employees with section 7805(f) of the Code, the notice party is notified of the application for a regard to employment and employee benefit of proposed rulemaking preceding these determination. If an interested party matters. regulations was submitted to the Chief who is a present employee is in a unit (iv) Employer B also sends the notice by e- Counsel for Advocacy of the Small of employees covered by a collective- mail to each collective-bargaining Business Administration for comment bargaining agreement between employee representative of interested parties who are representatives and one or more present employees of Employer B covered by on its impact on small business. a collective-bargaining agreement between employers, notice shall also be given to Drafting Information employee representatives and Employer B, the collective-bargaining representative using the e-mail address previously provided The principal author of these of such interested party by any method to Employer B by such collective-bargaining regulations is Pamela R. Kinard, Office that satisfies this paragraph. Whether representative. of Division Counsel/Associate Chief the notice is provided in a manner that (v) In this Example 2, Employer B satisfies Counsel (Tax Exempt and Government satisfies the requirements of this the notice to interested parties requirement Entities). However, other personnel paragraph is determined on the basis of described in this section. from the IRS and Treasury Department all the relevant facts and circumstances. Example 3. (i) Employer C is terminating participated in their development. Because the facts and circumstances Plan E and applying for a determination letter as to whether the plan termination List of Subjects differ depending on the interested party, affects the continuing qualification of Plan E. it may be necessary to use more than As part of the determination letter 26 CFR Part 1 one method of delivery in order to application process, Employer C provides the Income taxes, Reporting and ensure timely and adequate notice to all notice required under this section to recordkeeping requirements. interested parties. interested parties. (2) If the notice to interested parties (ii) All of Employer C’s employees have 26 CFR Part 601 is delivered using an electronic medium reasonable access to computers. Each Reporting and recordkeeping under a system that satisfies the employee has an e-mail address where he or requirements. requirements of § 1.402(f)-1 Q&A–5, the she can receive messages from Employer C. notice is deemed to be provided in a Employees of Employer C customarily Adoption of Amendments to the receive employer notices regarding Regulations manner that satisfies the requirements employment and employee benefit matters by of paragraph (c)(1). e-mail. Accordingly, 26 CFR parts 1 and 601 (d) Examples. The principles of this (iii) For present employees, Employer C are amended as follows: section are illustrated by the following provides the notice by sending the notice by examples: e-mail. PART 1—INCOME TAXES Example 1. (i) Employer A is amending (iv) Employer C also sends the notice by e- Plan C and applying for a determination mail to each collective-bargaining Paragraph 1. The authority citation letter. Plan C is not maintained pursuant to representative of interested parties who are for part 1 continues to read in part as one or more collective bargaining agreements present employees of Employer C covered by follows: and is not being terminated. As part of the a collective-bargaining agreement between Authority: 26 U.S.C. 7805 * * * determination letter application process, employee representatives and Employer C, Employer A provides the notice required using the e-mail address previously provided Par. 2. Section 1.7476–1 is amended under this section to interested parties. For to Employer C by such collective-bargaining by adding paragraph (e) to read as present employees, Employer A provides the representative. follows: notice by posting the notice at those locations (v) In addition, Employer C sends the within the principal places of employment of notice by e-mail to each interested party who § 1.7476–1 Interested parties. the interested parties which are customarily is a former employee or beneficiary, using the * * * * * used for employer notices to employees with e-mail address previously provided to (e) Effective date. The provisions of regard to employment and employee benefit Employer C by such interested party. For any this section apply to applications matters. former employee or beneficiary who did not referred to in paragraph (a) of this (ii) In this Example 1, Employer A satisfies provide an e-mail address, Employer C sends section made on or after June 21, 1976. the notice to interested parties requirement the notice by regular mail to the last known described in this section. address of such former employee or Par. 3. Section 1.7476–2 is amended Example 2. (i) Employer B is amending beneficiary. as follows: Plan D and applying for a determination (vi) In this Example 3, Employer C satisfies 1. Paragraphs (b), (c), and (d) are letter. As part of the determination letter the notice to interested parties requirement revised. application process, Employer B provides the described in this section.
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(e) Effective date. (1) The provisions to supply them with such additional city of Biloxi/Gulfport including of this section shall apply to informational material in time for them Harrison County, should be decreased to applications referred to in § 1.7476–1(a) to pursue their rights within the time provide for the reimbursement of made on or after January 1, 2003. period prescribed, and must be available Federal employees’ lodging expenses (2) For applications made on or after until the earlier of the filing of a covered by the per diem. This final rule June 21, 1976 and before January 1, pleading commencing a declaratory increases or decreases the maximum 2003, § 1.7476–2 (as it appeared in the judgment action under section 7476 lodging amounts in the prescribed areas. April 1, 2002 edition of 26 CFR part 1) with respect to the qualification of the EFFECTIVE DATE: applies. plan or the ninety-second day after the July 15, 2002. day the notice of final determination is FOR FURTHER INFORMATION CONTACT: PART 601—STATEMENT OF mailed to the applicant. Joddy P. Garner, Office of PROCEDURAL RULES * * * * * Governmentwide Policy, Travel Par. 4. The authority citation for part (xxi) * * * The notice to interested Management Policy, at 202–501–4857. parties required by paragraph (o)(3)(xiv) 601 continues to read as follows: SUPPLEMENTARY INFORMATION: of this section shall be deemed given Authority: 26 U.S.C. 7805. when the notice is posted or sent to the A. Background Par. 5. Section 601.201 is amended as person in the manner prescribed in In the past, properties in high cost follows: § 1.7476–2 of this chapter. * * * travel areas have been under no 1. In paragraph (o)(3)(xv), the first two * * * * * sentences are removed and a new obligation to provide lodging to Federal David A. Mader, sentence is added in their place. travelers at the prescribed per diem rate. 2. In paragraph (o)(3)(xvi), the Acting Deputy Commissioner of Internal Thus, GSA established the FPLP to Revenue. introductory text is revised. contract directly with properties in high 3. Paragraph (o)(3)(xvii) is revised. Approved: July 10, 2002. cost travel markets to make available a 4. In paragraph (o)(3)(xxi), the second Pamela F. Olson, set number of rooms to Federal travelers sentence is revised. Acting Assistant Secretary of the Treasury at contract rates. FPLP contract results The revisions and addition read as (Tax Policy). along with the lodging survey data are follows: [FR Doc. 02–18020 Filed 7–18–02; 8:45 am] integrated together to determine BILLING CODE 4830–01–P reasonable per diem rates that more § 601.201 Rulings and determination accurately reflect lodging costs in these letters. areas. In addition, the FPLP will * * * * * GENERAL SERVICES enhance the Government’s ability to (o) * * * ADMINISTRATION better meet its overall room night (3) * * * demand, and allow travelers to find (xv) When the notice referred to in 41 CFR Chapter 301 lodging close to where they need to paragraph (o)(3)(xiv) of this section is [FTR Amendment 106] conduct business. After an analysis of given in the manner set forth in this additional data, the maximum § 1.7476–2(c) of this chapter, such RIN 3090–AH64 lodging amounts are being changed in notice must be given not less than 10 Huntsville, Alabama; Savannah, days nor more than 24 days prior to the Federal Travel Regulation; Maximum Georgia; Charleston/Berkeley County, date the application for a determination Per Diem Rates South Carolina; Jacksonville/Mayport, is made. * * * AGENCY: Office of Governmentwide Florida; and Biloxi/Gulfport, (xvi) The notice referred to in Policy, GSA. Mississippi. paragraph (o)(3)(xiv) of this section shall ACTION: Final rule. be given in the manner prescribed in B. Executive Order 12866 § 1.7476–2 of this chapter and shall SUMMARY: To improve the ability of the GSA has determined that this final contain the following information: per diem rates to meet the lodging rule is not a significant regulatory action * * * * * demands of Federal travelers to high for the purposes of Executive Order (xvii) The procedure referred to in cost travel locations, the General 12866 of September 30, 1993. paragraph (o)(3)(xvi)(i) of this section Services Administration (GSA) has whereby the additional informational integrated the contracting mechanism of C. Regulatory Flexibility Act material required by paragraphs the new Federal Premier Lodging (o)(3)(xviii), (xix), and (xx) of this Program (FPLP) into the per diem rate- This final rule is not required to be section will (to the extent not included setting process. An analysis of FPLP published in the Federal Register for in this notice) be made available to contracting actions and the lodging rate notice and comment; therefore, the interested parties, may consist of survey data reveal that the maximum Regulatory Flexibility Act, 5 U.S.C. 601 making such material available for per diem rate for the State of Florida, et seq., does not apply. inspection and copying by interested city of Jacksonville/Mayport including D. Paperwork Reduction Act parties at a place or places reasonably Duval County and Mayport Naval accessible to such parties, or supplying Station, the State of Georgia, city of The Paperwork Reduction Act does such material by using a method of Savannah including Chatham County, not apply because the proposed delivery or a combination thereof that is and the State of South Carolina, city of revisions do not impose record keeping reasonably calculated to ensure that all Charleston/Berkeley County including or information collection requirements, interested parties will have access to the Charleston and Berkeley Counties, or the collection of information from materials. The procedure referred to in should be increased; and the maximum offerors, contractors, or members of the paragraph (o)(3)(xvi)(i) of this section per diem rate for the State of Alabama, public which require the approval of the must be immediately available to all city of Huntsville including Madison Office of Management and Budget under interested parties and must be designed County, and the State of Mississippi, 44 U.S.C. 501 et seq.
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E. Small Business Regulatory the column entitled ‘‘Maximum lodging amount’’ is revised to read ‘‘61’’ and the Enforcement Fairness Act amount’’ is revised to read ‘‘67’’ and the column entitled ‘‘Maximum per diem This final rule is also exempt from column entitled ‘‘Maximum per diem rate’’ is revised to read ‘‘99’’. congressional review prescribed under 5 rate’’ is revised to read ‘‘105’’. e. At the entry for Charleston/ U.S.C. 801 since it relates solely to b. At the entry for Jacksonville/ Berkeley County, South Carolina, agency management and personnel. Mayport, Florida, including Duval including Charleston and Berkeley County and Mayport Naval Station, the Counties, the column entitled List of Subjects 41 CFR Chapter 301 column entitled ‘‘Maximum lodging ‘‘Maximum lodging amount’’ is revised Government employees, Travel and amount’’ is revised to read ‘‘81’’ and the to read ‘‘106’’ and the column entitled transportation expenses. column entitled ‘‘Maximum per diem ‘‘Maximum per diem rate’’ is revised to rate’’ is revised to read ‘‘115’’. read ‘‘148’’. For the reasons set forth in the c. At the entry for Savannah, Georgia, preamble, under 5 U.S.C. 5701–5709, 41 The revised pages containing the including Chatham County, the column CFR chapter 301 is amended as follows: amendments to the table set forth above entitled ‘‘Maximum lodging amount’’ is read as follows: CHAPTER 301—TEMPORARY DUTY (TDY) revised to read ‘‘89’’ and the column TRAVEL ALLOWANCES entitled ‘‘Maximum per diem rate’’ is Appendix A to Chapter 301— 1. In Chapter 301, amend the table in revised to read ‘‘127’’. Prescribed Maximum Per Diem Rates Appendix A as follows: d. At the entry for Biloxi/Gulfport, for CONUS a. At the entry for Huntsville, Mississippi, including Harrison County, * * * * * Alabama, including Madison County, the column entitled ‘‘Maximum lodging BILLING CODE 6820–14–P
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Dated: July 11, 2002. Seventh Street SW., Washington, DC, all comments and material received Stephen A. Perry, between 9 a.m. and 5 p.m., Monday during the comment period. We may Administrator of General Services. through Friday, except Federal holidays. change this temporary final rule in view [FR Doc. 02–18235 Filed 7–18–02; 8:45 am] The telephone number is 202–366– of them. 9329. BILLING CODE 6820–14–C Public Meeting (3) By fax to the Facility at 202–493– 2251. We do not now plan to hold a public meeting. But you may submit a request DEPARTMENT OF TRANSPORTATION (4) Electronically through the Web Site for the Docket Management System for one to the Docket Management Coast Guard at http://dms.dot.gov. Facility at the address under ADDRESSES You must also mail comments on explaining why one would be 46 CFR Part 401 collection of information to the Office of beneficial. If we determine that one Information and Regulatory Affairs, would aid this rulemaking, we will hold [USCG–2002–12840] Office of Management and Budget, 725 one at a time and place announced by RIN 2115–AG46 17th Street NW., Washington, DC 20503, a later notice in the Federal Register. ATTN: Desk Officer, U.S. Coast Guard. Regulatory Information Basic Rates and Charges on Lake Erie The Docket Management Facility and the Navigable Waters From maintains the public docket for this We did not publish a notice of Southeast Shoal to Port Huron, MI temporary rule. Comments and material proposed rulemaking (NPRM) for this temporary final rule, and it takes effect AGENCY: Coast Guard, DOT. received from the public, as well as documents mentioned in this preamble immediately. Delay in implementing ACTION: Temporary final rule; request for this rule would be contrary to the public comments. as being available in the docket, will become part of this docket and will be interest. In 2001, the Coast Guard SUMMARY: This temporary final rule available for inspection or copying at amended existing ratemaking amends the rates charged for Great room PL–401 on the Plaza level of the requirements for Great Lakes Pilotage Lakes pilotage on the Designated Waters Nassif Building, 400 Seventh Street and inadvertently accounted for hours of Area 5 in District Two and restores SW., Washington, DC, between 9 a.m. of delay and detention in District Two them to those effective before August and 5 p.m., Monday through Friday, in a manner different from Districts One 13, 2001. The Lake Pilots Association, except Federal holidays. You may also and Three. Due to the impact on and representing pilots in District Two, find this docket on the Internet at disparate treatment among the districts, challenged the ratemaking effective on http://dms.dot.gov. it is necessary to immediately correct this situation. This rule simply, and and after that date, and sued. The Coast FOR FURTHER INFORMATION CONTACT: If temporarily, restores the rates that were Guard, while not agreeing with the you have questions on this temporary effective before the amendment, while allegations in the complaint, did learn final rule, call Paul Wasserman, Office we further evaluate the situation. during the course of litigation that it had of Maritime and International Law, Therefore, the Coast Guard finds under inadvertently accounted for hours of Commandant (G–LMI), U.S. Coast 5 U.S.C. 553(b)(B) and (d)(3), delay and detention in District Two Guard, telephone 202–267–0093. If you respectively, that neither notice-and- differently from how it was done in have questions on viewing or submitting comment rulemaking nor 30 days’ Districts One and Three. The Coast material to the docket, call Dorothy notice of effective date is required. Guard is currently working on an Beard, Chief, Dockets, Department of updated ratemaking that will, among Transportation, at 202–366–5149. Background and Purpose other things, correct this error. In the SUPPLEMENTARY INFORMATION: interim, it is considered in the best On July 12, 2001, the Coast Guard interest of the public to temporarily Request for Comments published a final rule in the Federal return the rates (in District Two, Area 5) Register [66 FR 36484] amending the We encourage you to participate in ratemaking for the Great Lakes Pilotage. to those effective prior to August 13, this temporary rulemaking by 2001. This temporary final rule will not The new rates became effective August submitting comments and related be retroactive and future rates will not 13, 2001. They were challenged in court material. If you do so, please include be adjusted as a result of this action. by the Lake Pilots Association, your name and address, identify the representing the pilots in District Two, DATES: This temporary final rule is docket number for this temporary rule effective from July 19, 2002, to July 21, Lake Erie. While preparing our defense, [USCG–2002–12840], indicate the we discovered that we had 2003. Comments and related material specific section of this document to must reach the Docket Management inadvertently accounted for hours of which each comment applies, and give delay and detention in District Two Facility on or before September 17, the reason for each comment. You may 2002. differently from how we had in Districts submit your comments and material by One and Three. We also noticed minor ADDRESSES: To make sure your mail, delivery, fax, or electronic means errors in computing the rates in District comments and related material are not to the Docket Management Facility at Two. We are undertaking a study to entered more than once in the docket the address under ADDRESSES; but address, among other things, the issue of [USCG–2002–12840], please submit please submit your comments and how we should count hours of delay them by only one of the following material by only one means. If you and detention when computing bridge- means: submit them by mail or delivery, submit hours in all three Districts. (1) By mail to the Docket Management them in an unbound format, no larger 1 Discussion of Temporary Final Rule Facility, U.S. Department of than 8 ⁄2 by 11 inches, suitable for Transportation, room PL–401, 400 copying and electronic filing. If you While not agreeing with the Seventh Street SW., Washington, DC submit them by mail and would like to allegations contained in the complaint 20590–0001. know they reached the Facility, please of the Lake Pilots Association, for the (2) By delivery to room PL–401 on the enclose a stamped, self-addressed reasons stated, the Coast Guard agreed Plaza level of the Nassif Building, 400 postcard or envelope. We will consider to the relief sought in the lawsuit and
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is temporarily restoring the rates that is exempt, we have reviewed it for Taking of Private Property were effective before August 13, 2001. potential economic impact on small This temporary rule will not effect a The Coast Guard believes that this entities. taking of private property or otherwise measure is in the best interest of the Therefore, the Coast Guard certifies have taking implications under public. This measure will mitigate the under 5 U.S.C. 605(b) that this rule will Executive Order 12630, Governmental effects, if any, of the Coast Guard’s not have a significant economic impact Actions and Interference with disparate treatment of the pilots in on a substantial number of small Constitutionally Protected Property District Two, when accounting for hours entities. If you think that your business, Rights. of delay and detention. It should be organization, or governmental Civil Justice Reform noted, however, that this temporary jurisdiction qualifies as a small entity final rule will not be retroactive and and that this rule will have a significant This temporary final rule meets future rates will not be adjusted as a economic impact on it, please submit a applicable standards in sections 3(a) result of this action. Simultaneously, it comment to the Docket Management and 3(b)(2) of Executive Order 12988, is anticipated that this measure will Facility at the address under ADDRESSES. Civil Justice Reform, to minimize resolve the lawsuit initiated by those In your comment, explain why you litigation, eliminate ambiguity, and pilots and so enable the Coast Guard to think it qualifies and how and to what reduce burden. concentrate its efforts on addressing the degree this rule will economically affect system-wide concerns raised by the Protection of Children it. public with the input of all parties We have analyzed this temporary affected by rates for pilotage. During the Assistance for Small Entities final rule under Executive Order 13045, effective period of this temporary final Protection of Children from rule, we will devote our energy to Small businesses may send, to the Environmental Health Risks and Safety promulgating a new ratemaking. Small Business and Agriculture Risks. This rule is not an economically Regulatory Enforcement Ombudsman significant rule and does not create an Regulatory Evaluation and the Regional Small Business environmental risk to health or risk to This temporary final rule is not a Regulatory Fairness Boards, comments safety that may disproportionately affect ‘‘significant regulatory action’’ under on the actions of Federal employees children. section 3(f) of Executive Order 12866, who enforce, or otherwise determine Regulatory Planning and Review, and compliance with, Federal regulations. Indian Tribal Governments does not require an assessment of The Ombudsman evaluates these This temporary final rule does not potential costs and benefits under actions annually and rates each agency’s have tribal implications under section 6(a)(3) of that Order. It is not responsiveness to small business. If you Executive Order 13175, Consultation ‘‘significant’’ under the regulatory wish to comment on actions by and Coordination with Indian Tribal policies and procedures of the employees of the Coast Guard, call 1– Governments, because it does not have Department of Transportation (DOT) [44 888–REG–FAIR (1–888–734–3247). a substantial direct effect on one or FR 11040 (February 26, 1979)]. more Indian tribes, on the relationship Because the rates are being restored to Collection of Information between the Federal Government and already-approved rates, the Coast Guard This temporary final rule calls for no Indian tribes, or on the distribution of expects the economic impact of this rule new collection of information under the power and responsibilities between the to be so minimal that a full Regulatory Paperwork Reduction Act of 1995 [44 Federal Government and Indian tribes. Assessment under paragraph 10e of the U.S.C. 3501–3520]. To help the Coast Guard establish regulatory policies and procedures of regular and meaningful consultation DOT is unnecessary. However, a Federalism and collaboration with Indian and detailed Regulatory Assessment is Alaskan Native tribes, we published a available in the docket from the A rule has implications for federalism notice in the Federal Register [66 FR rulemaking that established those under Executive Order 13132, 36361 (July 11, 2001)] requesting previous rates [Saint Lawrence Seaway Federalism, if it has a substantial direct comments on how to best carry out the Development Corporation (RIN 2135– effect on State or local governments and Order. We invite your comments on AA08)]. would either preempt State law or how this rule might affect tribal impose a substantial direct cost of governments, even if the effect may not Small Entities compliance on them. We have analyzed constitute a ‘‘tribal implication’’ under Under the Regulatory Flexibility Act this temporary final rule under that the Order. [5 U.S.C. 601–612], we have considered Order and have determined that it does whether this temporary final rule would not have implications for federalism. Energy Effects have a significant economic impact on Unfunded Mandates Reform Act We have analyzed this temporary a substantial number of small entities. final rule under Executive Order 13211, The term ‘‘small entities’’ comprises The Unfunded Mandates Reform Act Actions Concerning Regulations That small businesses, not-for-profit of 1995 [2 U.S.C. 1531–1538] requires Significantly Affect Energy Supply, organizations that are independently Federal agencies to assess the effects of Distribution, or Use. We have owned and operated and are not their discretionary regulatory actions. In determined that it is not a ‘‘significant dominant in their fields, and particular, the Act addresses actions energy action’’ under that Order because governmental jurisdictions with that may result in the expenditure by a it is not a ‘‘significant regulatory action’’ populations of less than 50,000. For the State, local, or tribal government, in the under Executive Order 12866 and is not reasons stated under Regulatory aggregate, or by the private sector of likely to have a significant adverse effect Information and because this rule does $100,000,000 or more in any one year. on the supply, distribution, or use of not affect small entities, it was not Although this temporary final rule will energy. It has not been designated by the preceded by an NPRM and therefore is not result in such an expenditure, the Administrator of the Office of exempt from the requirements of the effects of this rule are discussed Information and Regulatory Affairs a Regulatory Flexibility Act. Although it elsewhere in this preamble. significant energy action. Therefore, it
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does not require a Statement of Energy the docket where indicated under Authority: 46 U.S.C. 2104(a), 6101, 7701, Effects under Executive Order 13211. ADDRESSES. 8105, 9303, 9304; 49 CFR 1.45, 1.46 (mmm); 46 CFR 401.105 also issued under the Environment List of Subjects in 46 CFR Part 401 authority of 44 U.S.C. 3507. We have considered the Administrative practice and 2. In § 401.407, suspend paragraph (b) environmental impact of this temporary procedure; Great Lakes; Navigation and temporarily add paragraph (c) to final rule and concluded that under (water); Penalties; Reporting and read as follows: figure 2–1, paragraph (34)(a), of recordkeeping requirements; Seamen. Commandant Instruction M16475.lD, For reasons discussed in the § 401.407 Basic rates and charges on Lake this rule is categorically excluded from preamble, the Coast Guard temporarily Erie and the navigable waters from further environmental documentation. Southeast Shoal to Port Huron, MI. amends 46 CFR part 401 as follows: This rule amends the rates charged for * * * * * Great Lakes pilotage, restoring them to PART 401—GREAT LAKES PILOTAGE (c) Area 5 (Designated Waters): the rates previously in effect. It is REGULATIONS procedural in nature and therefore is categorically excluded. A Determination 1. The authority citation for part 401 of Categorical Exclusion is available in continues to read as follows:
Toledo or any point on Lake Any point on or in: Southeast Erie west of Detroit river Detroit pilot St. Clair river Shoal Southeast boat Shoal
Toledo or any port on Lake Erie west of Southeast Shoal $988 $583 $1,282 $988 N/A Port Huron Change Point ...... 1 1,720 1 1,993 1,293 1,005 $715 St. Clair River ...... 1 1,720 N/A 1,293 1,293 583 Detroit or Windsor Or the Detroit River ...... 988 1,282 583 N/A 1,293 Detroit Pilot Boat ...... 715 988 N/A N/A 1,293 1 When pilots are not changed at the Detroit pilot boat.
Dated: July 12, 2002. Background Federal Communications Commission. Paul J. Pluta, Barbara A. Kreisman, Rear Admiral, U.S. Coast Guard, Assistant The FCC published a document in the Chief, Video Division, Media Bureau. Federal Register of April 11, 2001, (66 Commandant for Marine Safety, Security and [FR Doc. 02–18179 Filed 7–18–02; 8:45 am] Environmental Protection. FR 18734) removing TV channel 36- and BILLING CODE 6712–01–P [FR Doc. 02–18345 Filed 7–17–02; 10:29 am] adding TV channel 53 at New Iberia, BILLING CODE 4910–15–P Louisiana. TV channel 56 was inadvertently published in lieu of TV DEPARTMENT OF TRANSPORTATION channel 53 at New Iberia, Louisiana. FEDERAL COMMUNICATIONS This correction removes TV channel 56- 49 CFR Part 1 COMMISSION and correctly adds TV channel 53-in [Docket No. OST–1999–6189] § 73.606(b) of the Commission’s Rules. 47 CFR Part 73 RIN 9991–AA27 Need for Correction [DA 01–857, MM Docket No. 01–2, RM– 10036] Organization and Delegation of Powers As published, the final regulations and Duties; Secretarial Succession contain an error which may prove to be Television Broadcast Service; New misleading and need to be clarified. AGENCY: Office of the Secretary, DOT. Iberia, LA; Correction ACTION: List of Subjects in 47 CFR Part 73 Final rule. AGENCY: Federal Communications SUMMARY: Commission. Television broadcasting. The purpose of this ACTION: Correcting amendment. amendment is to alter the order of Part 73 of Title 47 of the Code of Secretarial succession for the SUMMARY: The Federal Communications Federal Regulations is amended as Department in order to be consistent Commission published in the Federal follows: with the Vacancies Act. Register of April 11, 2001 (66 FR EFFECTIVE DATE: July 19, 2002. PART 73—[AMENDED] 18734), a document changing the TV FOR FURTHER INFORMATION CONTACT: Table of Allotments to reflect the Laura Aguilar, Office of the Assistant 1. The authority citation for part 73 substitution of TV channel 53 for TV General Counsel for Environmental, continues to read as follows: channel 36-at New Iberia, Louisiana. Civil Rights, and General Law, However, TV channel 53 was Authority: 47 U.S.C. 154, 303, 334 and 336. Department of Transportation, 400 inadvertently published as 56-. This Seventh Street SW., Room 10102, § 73.606 [Corrected] document corrects that error. Washington, DC 20590; Telephone: DATES: Effective July 19, 2002. 2. Section 73.606(b), the Table of (202) 366–0365. FOR FURTHER INFORMATION CONTACT: Pam Television Allotments under Louisiana, SUPPLEMENTARY INFORMATION: In 49 CFR Blumenthal, Media Bureau, (202) 418– is amended by removing TV channel 56- 1.26, the order of succession to act as 1600. and adding TV channel 53-at New Secretary of Transportation is set forth SUPPLEMENTARY INFORMATION: Iberia. as follows: The Deputy Secretary,
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General Counsel, Assistant Secretary for Since this amendment relates to DEPARTMENT OF COMMERCE Transportation Policy, Assistant Departmental management, procedures, Secretary for Aviation and International and practice, notice and comment on it National Oceanic and Atmospheric Affairs, Assistant Secretary for are unnecessary under 5 U.S.C. Administration Governmental Affairs, Assistant 553(b)(3)(A), and it may be made Secretary for Budget and Programs, effective in less than 30 days after 50 CFR Parts 622, 635, 640, and 654 Associate Deputy Secretary, Federal publication in the Federal Register [Docket No. 010410086–2165–02; I.D. Aviation Administrator, and Assistant under 5 U.S.C. 553(d)(2) as a change in 020801A] Secretary for Administration, in that internal policy. order. RIN 0648–AN83 The Federal Vacancies Reform Act of List of Subjects in 49 CFR Part 1 Fisheries of the Caribbean, Gulf of 1998 (Vacancies Act) specifies who may Authority delegations (Government Mexico, and South Atlantic; serve in an acting capacity for a vacant Amendment to the Fishery position that is subject to a nomination agencies), Organization and functions (Government agencies). Management Plans of the Gulf of by the President by and with the Mexico consent of the Senate (a ‘‘PAS’’ Issued this 10th day of July, 2002, at position). The Vacancies Act is the Washington, DC. AGENCY: National Marine Fisheries exclusive means for temporarily Norman Y. Mineta, Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), authorizing an acting official to perform Secretary of Transportation. the functions and duties of a PAS Commerce. position unless otherwise authorized by In consideration of the foregoing, Part ACTION: Final rule. statute. The Administration interprets 1 of Title 49, Code of Federal SUMMARY: NMFS issues this final rule to the Vacancies Act to mean that if there Regulations, is amended as follows: is no statutory provision that enables implement the Generic Amendment Addressing the Establishment of the the head of an agency to establish an PART 1—[AMENDED] order of succession, only the President Tortugas Marine Reserves in the Fishery Management Plans of the Gulf of Mexico of the United States may do so. 1. The authority citation for part 1 is (Tortugas Amendment), as prepared by Section 102 of title 49, United States revised to read as follows: the Gulf of Mexico Fishery Management Code, authorizes the Secretary to Authority: 49 U.S.C. 322; 46 U.S.C. Council (Gulf of Mexico Council). This prescribe the order of succession for the 2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); action will provide enhanced Assistant Secretaries and the General Pub. L. 101–552, 104 Stat. 2736; Pub L. 106– protections for existing marine reserves Counsel. The Department’s order of 159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. in the vicinity of the Dry Tortugas, Secretarial succession is not consistent 597. Florida, and is taken under the authority with the Vacancies Act since it also of the Magnuson-Stevens Fishery includes the Associate Deputy Secretary 2. In § 1.26, paragraphs (a)(3) through Conservation and Management Act and the Federal Aviation Administrator. (a)(12) are revised to read as follows: (Magnuson-Stevens Act). This final rule Therefore, we are amending the complements regulations previously Secretarial Order of Succession to make § 1.26 Secretarial succession. issued by NOAA under the authority of it consistent with 49 U.S.C. 102 and the (a) * * * the National Marine Sanctuary Act by Vacancies Act. better informing the public of applicable Section 102 of title 49, United States (3) Assistant Secretary for Budget and Programs. restrictions and providing enhanced Code, authorizes the Secretary to enforcement authority and stricter prescribe the order of succession for the (4) Assistant Secretary for penalties for violations. Consistent with Assistant Secretaries and the General Governmental Affairs. NOAA’s existing regulations, these Counsel. Under the Vacancies Act, only (5) Assistant Secretary for regulations prohibit fishing for any the President is authorized to designate Transportation Policy. species and anchoring by fishing vessels officers in the line of Secretarial within the reserves. The intended effect succession that are not specified in the (6) Assistant Secretary for Aviation and International Affairs. is to inform the public of these enabling statute. In other words, only restrictions and to further protect and the President may designate officers (7) Assistant Secretary for conserve important marine resources. beyond the General Counsel and the Administration. DATES: Assistant Secretaries. In a Memorandum This final rule is effective August (8) Associate Deputy Secretary. for the Secretary of Transportation 19, 2002. entitled ‘‘Designation of Officers of the (9) Under Secretary of Transportation FOR FURTHER INFORMATION CONTACT: Department of Transportation,’’ dated for Security. Peter Eldridge, phone: 727–570–5305; fax: 727–570–5583; e-mail: March 19, 2002, the President (10) Federal Aviation Administrator. supplemented the Secretarial succession [email protected]. (11) Federal Aviation Administration to include: the Associate Deputy SUPPLEMENTARY INFORMATION: The Gulf Secretary of Transportation; the Under Regional Administrator, Southwest of Mexico fisheries for coastal migratory Secretary of Transportation for Security; Region. pelagics, coral and coral reefs, red drum, the Federal Aviation Administrator; the (12) Federal Aviation Administration reef fish, shrimp, spiny lobster, and Federal Aviation Administration Regional Administrator, Great Lakes stone crab are managed under fishery Regional Administrator, Southwest Region. management plans (FMPs) prepared by Region; and the Federal Aviation * * * * * the Gulf of Mexico Council and Administration Regional Administrator, approved and implemented by NMFS. Great Lakes Region, in that order. This [FR Doc. 02–18053 Filed 7–18–02; 8:45 am] These FMPs were prepared solely by the final rule codifies the President’s BILLING CODE 4910–62–P Gulf of Mexico Council, with the Memorandum. exception of the FMPs for coastal
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migratory pelagics and spiny lobster Comment: An environmental increased costs because of further that were prepared jointly by the Gulf of organization supported all the measures restrictions on their activities within the Mexico Council and the South Atlantic in the proposed rule, including a marine reserves, they and non- Fishery Management Council (South prohibition on fishing for highly consumptive users are expected to Atlantic Council). migratory species. They stated that they realize long-term benefits resulting from The Tortugas Amendment amends the would vigorously oppose anything less the maintenance of healthy and diverse following FMPs: Fishery Management than the protections currently included marine ecosystems. It is noted that Plan for Coral and Coral Reefs of the in the proposed rule. They commented following NMFS’ publication in the Gulf of Mexico; Fishery Management that the proposed measures were crucial Federal Register of the notice of Plan for the Red Drum Fishery of the to help maintain and rebuild fish availability of the Tortugas Amendment Gulf of Mexico; Fishery Management populations; protect corals and maintain for public comment, the FKNMS Plan for the Stone Crab Fishery of the a functioning ecological whole system; regulations became effective, thereby Gulf of Mexico; Fishery Management and to provide effective enforcement of prohibiting all commercial and Plan for the Shrimp Fishery of the Gulf the current no-take regulations in that recreational fishing in the marine of Mexico; Fishery Management Plan for area. reserve areas. Accordingly, this final the Reef Fish Resources of the Gulf of Response: NMFS notes that fishing for rule should not impact commercial and Mexico; Fishery Management Plan for any species, including highly migratory recreational fishermen in terms of a new Coastal Migratory Pelagic Resources of species, and anchoring by fishing prohibition on fishing and anchoring in the Gulf of Mexico and South Atlantic; vessels is prohibited in the Tortugas the reserves. marine reserves. and Fishery Management Plan for the List of Subjects Spiny Lobster Fishery of the Gulf of Classification 50 CFR Part 622 Mexico and South Atlantic. All of these The Administrator, Southeast Region, FMPs, except the FMPs for spiny lobster NMFS determined that the Tortugas Fisheries, Fishing, Puerto Rico, and stone crab, are implemented under Amendment is necessary for the Reporting and recordkeeping the authority of the Magnuson-Stevens conservation and management of requirements, Virgin Islands. Act by regulations at 50 CFR part 622. fisheries resources in the Gulf of Mexico 50 CFR Part 635 The FMP for spiny lobster is and that it is consistent with the Fisheries, Fishing, Fishing vessels, implemented by regulations at 50 CFR national standards of the Magnuson- Foreign relations, Intergovernmental part 640; the FMP for stone crab is Stevens Act and other applicable law. relations, Penalties, Reporting and implemented by regulations at 50 CFR This final rule has been determined to part 654. be not significant for purposes of recordkeeping requirements, Statistics, On March 7, 2001, NMFS published Executive Order 12866. Treaties. a notice of availability of the Tortugas The Chief Counsel for Regulation of 50 CFR Part 640 Amendment and requested comments the Department of Commerce certified Fisheries, Fishing, Incorporation by on the amendment (66 FR 13692). On to the Chief Counsel for Advocacy of the reference, Reporting and recordkeeping June 6, 2001, NMFS approved those Small Business Administration that the requirements. Tortugas Amendment measures that proposed rule for this action would not amend the FMPs for coral and coral have a significant economic impact on 50 CFR Part 654 reefs, red drum, stone crab, shrimp, and a substantial number of small entities. Fisheries, Fishing. reef fish. On July 19, 2001, NMFS The factual basis for the certification announced the availability of the was published in the proposed rule. No Dated: July 15, 2002. Tortugas Amendment management comments were received regarding this Rebecca Lent, measures that would amend the FMPs certification. As a result, a regulatory Deputy Assistant Administrator for for coastal migratory pelagic resources flexibility analysis was not prepared. Regulatory Programs,National Marine and for spiny lobster and requested The Council prepared a final Fisheries Service. comments on those measures (66 FR supplemental environmental impact For the reasons set out in the 37635). NMFS approved those measures statement (FSEIS) for the Tortugas preamble, 50 CFR parts 622, 635, 640, on October 16, 2001. A proposed rule to Amendment that was filed with the and 654 are amended as follows: implement all measures included in the Environmental Protection Agency for PART 622—FISHERIES OF THE Tortugas Amendment, with a request for public review and comment. A notice of CARIBBEAN, GULF, AND SOUTH comments through March 25, 2002, was its availability for public comment for ATLANTIC published on February 7, 2002 (67 FR 30 days was published in the Federal 5780). The background and rationale for Register on March 16, 2001 (66 FR 1. The authority citation for part 622 the measures in the Tortugas 15241). According to the FSEIS, the continues to read as follows: Amendment and proposed rule are elimination of consumptive uses within Authority: 16 U.S.C. 1801 et seq. contained in the preamble to the the marine reserves will protect 2. In § 622.34, paragraph (d) is revised proposed rule and are not repeated here. essential fish habitat from fishery- to read as follows: related impacts and eliminate fishing Comments and Responses mortality. Establishment of the marine § 622.34 Gulf EEZ seasonal and/or area NMFS received three general reserves may result in many benefits to closures. comments in support of the Tortugas the ecosystem, including increased size * * * * * Amendment during the public comment and abundance of marine species. This (d) Tortugas marine reserves. The period on the amendment. NMFS has may potentially improve reproductive following activities are prohibited approved the amendment. One success which could enhance within the Tortugas marine reserves: comment supporting the specific recruitment to other areas of the Gulf of Fishing for any species and anchoring aspects of the proposed rule was Mexico and the Florida Keys. The FSEIS by fishing vessels. received during the comment period on states that although commercial and (1) EEZ portion of Tortugas North. the proposed rule. recreational fishermen could experience The area is bounded by rhumb lines
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connecting the following points: From thence along the line denoting the (2) Tortugas South. The area is point A at 24°40′00″ N. lat., 83°06′00″ seaward limit of Florida’s waters, as bounded by rhumb lines connecting, in W. long. to point B at 24°46′00″ N. lat., shown on the current edition of NOAA order, the following points: 83°06′00″ W. long. to point C at chart 11438, to point A at 24°40′00″ N. 24°46′00″ N. lat., 83°00′00″ W. long.; lat., 83°06′00″ W. long.
Point North lat. West long.
A 24°33′00″ 83°09′00″ B 24°33′00″ 83°05′00″ C 24°18′00″ 83°05′00″ D 24°18′00″ 83°09′00″ A 24°33′00″ 83°09′00″
* * * * * § 635.71 Prohibitions. 8. Section 640.26 is added to subpart * * * * * B to read as follows: PART 635—ATLANTIC HIGHLY (a) * * * MIGRATORY SPECIES (30) Deploy or fish with any fishing § 640.26 Tortugas marine reserves. gear from a vessel or anchor a fishing The following activities are prohibited 3. The authority citation for part 635 vessel, permitted or required to be continues to read as follows: within the Tortugas marine reserves: permitted under this part, in any closed Fishing for any species and anchoring area as specified at § 635.21. Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. by fishing vessels. 1801 et seq. * * * * * 4. In § 635.21, paragraph (a)(4) is (a) EEZ portion of Tortugas North. added to read as follows: PART 640—SPINY LOBSTER FISHERY The area is bounded by rhumb lines OF THE GULF OF MEXICO AND connecting the following points: From § 635.21 Gear operation and deployment SOUTH ATLANTIC point A at 24°40′00″ N. lat., 83°06′00″ restrictions. W. long. to point B at 24°46′00″ N. lat., (a) * * * 6. The authority citation for part 640 83°06′00″ W. long. to point C at (4) No person may fish for, catch, continues to read as follows: 24°46′00″ N. lat., 83°00′00″ W. long.; possess or retain any Atlantic highly Authority: 16 U.S.C. 1801 et seq. thence along the line denoting the migratory species or anchor a fishing 7. In § 640.7, paragraph (v) is added seaward limit of Florida’s waters, as vessel, issued a permit or required to be to read as follows: shown on the current edition of NOAA ° ′ ″ permitted under this part, in the areas § 640.7 Prohibitions. chart 11438, to point A at 24 40 00 N. designated at § 622.34(d) of this chapter. lat., 83°06′00″ W. long. * * * * * * * * * * (v) Fish for any species or anchor a (b) Tortugas South. The area is 5. In § 635.71, paragraph (a)(30) is fishing vessel in a marine reserve as bounded by rhumb lines connecting, in revised to read as follows: specified in § 640.26. order, the following points:
Point North lat. West long.
A 24°33′00″ 83°09′00″ B 24°33′00″ 83°05′00″ C 24°18′00″ 83°05′00″ D 24°18′00″ 83°09′00″ A 24°33′00″ 83°09′00″
PART 654--STONE CRAB FISHERY OF (o) Fish for any species or anchor a connecting the following points: From THE GULF OF MEXICO fishing vessel in a marine reserve as point A at 24°40′00″ N. lat., 83°06′00″ specified in § 654.28. W. long. to point B at 24°46′00″ N. lat., ° ′ ″ 9. The authority citation for part 654 11. Section 654.28 is added to subpart 83 06 00 W. long. to point C at ° ′ ″ ° ′ ″ continues to read as follows: B to read as follows: 24 46 00 N. lat., 83 00 00 W. long.; thence along the line denoting the Authority: 16 U.S.C. 1801 et seq. § 654.28 Tortugas marine reserves. seaward limit of Florida’s waters, as 10. In § 654.7, paragraph (o) is added The following activities are prohibited shown on the current edition of NOAA to read as follows: within the Tortugas marine reserves: chart 11438, to point A at 24°40′00″ N. Fishing for any species and anchoring lat., 83°06′00″ W. long. § 654.7 Prohibitions. by fishing vessels. (b) Tortugas South. The area is * * * * * (a) EEZ portion of Tortugas North. bounded by rhumb lines connecting, in The area is bounded by rhumb lines order, the following points:
Point North lat. West long.
A 24°33′00″ 83°09′00″ B 24°33′00″ 83°05′00″ C 24°18′00″ 83°05′00″ D 24°18′00″ 83°09′00″
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Point North lat. West long.
A 24°33′00″ 83°09′00″
[FR Doc. 02–18308 Filed 7–18–02; 8:45 am] maximum of three per vessel to allow DEPARTMENT OF COMMERCE BILLING CODE 3510–22–S for maximum utilization of the quota for BFT. Based on a review of dealer National Oceanic and Atmospheric reports, daily landing trends, and the Administration DEPARTMENT OF COMMERCE availability of BFT on the fishing grounds, NMFS has determined that an 50 CFR Part 660 National Oceanic and Atmospheric increase of the daily retention limit is Administration appropriate and necessary to allow full [Docket No. 020402077–01; I.D. 071202E] use of the June through August subquota 50 CFR Part 635 Fisheries Off West Coast States and in while ensuring an August fishery. the Western Pacific; Pacific Coast [I.D. 071202D] Therefore, NMFS adjusts the daily Groundfish Fishery; End of the retention limit for the remainder of the Primary Season and Resumption of Atlantic Highly Migratory Species June through August subquota time- Fisheries; Atlantic Bluefin Tuna Trip Limits for the Shore-based Fishery period to two large medium or giant for Pacific Whiting AGENCY: National Marine Fisheries BFT per vessel. This adjustment does Service (NMFS), National Oceanic and not affect the proposed RFDs for August AGENCY: National Marine Fisheries Atmospheric Administration (NOAA), (August 10, 11, and 12), on which the Service (NMFS), National Oceanic and Commerce. daily retention in the General category Atmospheric Administration (NOAA), Commerce. ACTION: Adjustment of General category would be zero, and on which General daily retention limit. category vessels would not be allowed ACTION: Fishing restrictions; request for to fish for BFT. comments. SUMMARY: NMFS has determined that The intent of this adjustment is to the Atlantic bluefin tuna (BFT) General SUMMARY: NMFS announces the end of allow for maximum utilization of the the 2002 primary season for the shore- category daily catch limit should be June through August subquota adjusted in order to allow for maximum based fishery for Pacific whiting (specified under §635.27(a)) by General (whiting) at 0800 local time (l.t.) July 17, utilization of the proposed 2002 General category participants in order to help category June through August subquota. 2002, because the allocation is projected achieve optimum yield in the General to be reached. This action is intended to Therefore, NMFS increases the daily category fishery, to collect a broad range retention limit from one to two large keep the harvest of whiting at the 2002 of data for stock monitoring purposes, allocation levels. medium (73 to less than 81 inches (185 and to be consistent with the objectives DATES: Effective from 0800 l.t. July 17, to less than 206 cm)) or giant (81 inches of the Fishery Management Plan for 2002, until the effective date of the 2003 or greater (206 cm or greater)) BFT for Atlantic tunas, swordfish, and sharks. the remainder of the June through specification and management measures August time-period. While catch rates have been low so far for the Pacific Coast groundfish fishery this season, NMFS recognizes that they DATES: Effective July 18 through August which will be published in the Federal 31, 2002. may increase. In addition, due to the Register, unless modified, superseded temporal and geographical nature of the or rescinded. Comments will be FOR FURTHER INFORMATION CONTACT: Brad fishery, certain gear types and areas are accepted through August 5, 2002. McHale, 978–281–9260. more productive at various times during ADDRESSES: Submit comments to D. SUPPLEMENTARY INFORMATION: the fishery. In order to ensure that the Robert Lohn, Acting Administrator, Regulations implemented under the June through August subquota is not Northwest Region (Regional authority of the Atlantic Tunas filled prematurely and to ensure Administrator), NMFS, 7600 Sand Point Convention Act (16 U.S.C. 971 et seq.) equitable fishing opportunities in all Way NE., Seattle, WA 98115–0070; or and the Magnuson-Stevens areas and for all gear types, NMFS has Rod McInnis, Acting Regional Conservation and Management Act (16 not waived the proposed RFDs in Administrator, Southwest Region, U.S.C. 1801 et seq.) governing the August, which correspond to market NMFS, 501 West Ocean Blvd., Suite harvest of BFT by persons and vessels closures in Japan, and could promote 4200, Long Beach, CA 90802–4213. subject to U.S. jurisdiction are found at better ex-vessel prices. 50 CFR part 635. BFT fishing category FOR FURTHER INFORMATION CONTACT: quotas and General category effort Classification Becky Renko at 206–526–6110. controls (including time-period SUPPLEMENTARY INFORMATION: This subquotas and Restricted-Fishing Days This action is taken under action is authorized by regulations (RFDs)) are specified annually under § 635.23(a)(4) and is exempt from implementing the Pacific Coast §§ 635.23(a) and 635.27(a). The 2002 review under Executive Order 12866. Groundfish Fishery Management Plan BFT quotas and General category effort Authority: 16 U.S.C. 971 et seq. and 1801 (FMP), which governs the groundfish controls were proposed June 25, 2002 et seq. fishery off Washington, Oregon, and California. On April 15, 2002 (67 FR (67 FR 43266, June 27, 2002). Dated: July 15, 2002. 18117), the levels of allowable Adjustment of Daily Retention Limit Virginia M. Fay, biological catch, the optimum yield Under § 635.23 (a)(4), NMFS may Acting Director, Office of Sustainable (OY) and the commercial OY (the OY increase or decrease the daily retention Fisheries, National Marine Fisheries Service. minus the tribal allocation) for U.S. limit of large medium and giant BFT [FR Doc. 02–18190 Filed 7–15–02; 4:10 pm] harvests of whiting were announced in over a range from zero (on RFDs) to a BILLING CODE 3510–22–S the Federal Register. For 2002 the
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whiting OY is 129,600 mt (mt) and the and retained, possessed or landed by a DATES: Effective 1200 hrs, Alaska local commercial OY is 106,920 mt. catcher vessel participating in the shore- time (A.l.t.), July 16, 2002, through 2400 Regulations at 50 CFR 660.323(a)(4) based sector of the whiting fishery. On hrs, A.l.t., December 31, 2002. divide the commercial OY into separate September 1, 2002, further taking and FOR FURTHER INFORMATION CONTACT: allocations for the catcher/processor, retaining, possessing or landing of Mary Furuness, 907–586–7228. mothership, and shore-based sectors of whiting will be prohibited, unless SUPPLEMENTARY INFORMATION: NMFS the whiting fishery. The 2002 otherwise announced in the Federal manages the groundfish fishery in the allocations, which are based on the 2002 Register. If a vessel fishes shoreward of GOA exclusive economic zone commercial OY, are 36,353 mt (34 the 100–fm (183–m) contour in the according to the Fishery Management percent) for the catcher/processor Eureka area (43°–40°30′ N. lat.) at any Plan for the Groundfish Fishery of the sector, 25,661 (24 percent) for the time during a fishing trip, the 10,000– Gulf of Alaska (FMP) prepared by the mothership sector, and 44,906 mt (42 lb (4,536–kg) trip limit applies, as North Pacific Fishery Management percent) for the shoreside sector. announced in the annual management Council under authority of the When each sector’s allocation is measures at paragraph IV, B (3)(c)(ii), Magnuson-Stevens Fishery reached, the primary season for that except when the whiting fishery is Conservation and Management Act. sector is ended. The shore-based sector closed. Regulations governing fishing by U.S. is composed of vessels that harvest Classification vessels in accordance with the FMP whiting for delivery to land-based appear at subpart H of 50 CFR part 600 processors. The regulations at 50 CFR and 50 CFR part 679. 660.323(a)(3)(i) describe the primary This action is authorized by the regulations implementing the FMP. The The 2002 TAC of pelagic shelf season for the shore-based sector as the rockfish for the West Yakutat District period(s) when the large-scale target determination to take this action is based on the most recent data available. was established as 640 metric tons (mt) fishery is conducted (when trip limits by an emergency rule implementing under 50 CFR 660.323(b) are not in The aggregate data upon which the determination is based are available for 2002 harvest specifications and effect). Before and after the primary associated management measures for the seasons, per-trip limits are in effect for public inspection at the Office of the Regional Administrator (see ADDRESSES) groundfish fisheries off Alaska (67 FR whiting. 956, January 8, 2002 and 67 FR 34860, The best available information on July during business hours. This action is taken under the authority of 50 CFR May 16, 2002). 15, 2002, indicates that 39,460 mt had In accordance with § 679.20(d)(1)(i), been taken through July 13, 2002, and 660.323(a)(4)(iii)(C) and is exempt from review under Executive Order 12866. the Administrator, Alaska Region, that the 44,906 mt shore-based NMFS (Regional Administrator), has allocation would be reached by 0800 l.t. Authority: 16 U.S.C. 1801 et seq. determined that the 2002 TAC for July 17, 2002. This Federal Register Dated: July 15, 2002. pelagic shelf rockfish in the West document announces the date that the Virginia M. Fay Yakutat District will be reached. primary season for the shore-based Acting Director, Office of Sustainable Therefore, the Regional Administrator is sector ends, and that per-trip limits are Fisheries, National Marine Fisheries Service. establishing a directed fishing reinstated. Per-trip limits are intended [FR Doc. 02–18262 Filed 7–16–02; 3:37 pm] allowance of 630 mt, and is setting aside to accommodate small bait and fresh BILLING CODE 3510–22–S the remaining 10 mt as bycatch to fish markets, and bycatch in other support other anticipated groundfish fisheries. To minimize incidental catch fisheries. In accordance with of chinook salmon by vessels fishing DEPARTMENT OF COMMERCE § 679.20(d)(1)(iii), the Regional shoreward of the 100 fm (183 m) Administrator finds that this directed contour in the Eureka area, at any time National Oceanic and Atmospheric fishing allowance will soon be reached. during a fishing trip, a limit of 10,000- Administration Consequently, NMFS is prohibiting lb (4,536 kg) of whiting is in effect year- directed fishing for pelagic shelf round, except when landings of whiting 50 CFR Part 679 rockfish in the West Yakutat District of are prohibited. the GOA. On July 5,2002 (67 FR 44778), NMFS [Docket No. 011218304–1304–01; I.D. Maximum retainable bycatch amounts announced fishery restrictions that 071502C] may be found in the regulations at eliminated the per-trip limits for § 679.20(e) and (f). whiting beginning September 1, 2002. Fisheries of the Exclusive Economic Classification Therefore, the 20,000-lb (9,072 kg) trip Zone Off Alaska; Pelagic Shelf limit that was in place before the start Rockfish in the West Yakutat District of This action responds to the best of the primary season is reinstated from the Gulf of Alaska available information recently obtained the end of the primary season to from the fishery. The Assistant September 1, at which time further AGENCY: National Marine Fisheries Administrator for Fisheries, NOAA, taking and retaining, possessing or Service (NMFS), National Oceanic and finds good cause to waive the landing of whiting will be prohibited, Atmospheric Administration (NOAA), requirement to provide prior notice and unless otherwise announced in the Commerce. opportunity for public comment Federal Register. pursuant to the authority set forth at 5 ACTION: Closure. U.S.C. 553(b)(B) as such requirement is NMFS Action contrary to the public interest. This For the reasons stated above, and in SUMMARY: NMFS is prohibiting directed requirement is contrary to the public accordance with the regulations at 50 fishing for pelagic shelf rockfish in the interest as it would delay the closure of CFR 660.323(a)(4)(iii)(C), NMFS herein West Yakutat District of the Gulf of the fishery, lead to exceeding the TAC, announces: Alaska (GOA). This is action is and therefore reduce the public’s ability Effective 0800 l.t. July 17, 2002, until necessary to prevent exceeding the 2002 to use and enjoy the fishery resource. September 1, 2002, no more than 20,000 total allowable catch (TAC) of pelagic The Assistant Administrator for lb (9,072 kg) of whiting may be taken shelf rockfish in this area. Fisheries, NOAA, also finds good cause
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to waive the 30–day delay in the harvest specifications and associated DEPARTMENT OF COMMERCE effective date of this action under 5 management measures for the U.S.C. 553(d)(3). This finding is based groundfish fisheries off Alaska (67 FR National Oceanic and Atmospheric upon the reasons provided above for 956, January 8, 2002, and 67 FR 34860, Administration waiver of prior notice and opportunity May 16, 2002). 50 CFR Part 679 for public comment. In accordance with § 679.20(d)(1)(i), This action is required by § 679.20 the Administrator, Alaska Region, [Docket No. 011218304–2062–02; I.D. and is exempt from review under 121701A] Executive Order 12866. NMFS (Regional Administrator), has determined that the 2002 TAC for RIN 0648–AP69 Authority: 16 U.S.C. 1801 et seq. Pacific ocean perch in the Western Dated: July 16, 2002. Regulatory Area will be reached before Fisheries of the Exclusive Economic Virginia M. Fay, the end of the fishing season or year. Zone Off Alaska; Steller Sea Lion Acting Director, Office of Sustainable Therefore, the Regional Administrator is Protection Measures and 2002 Harvest Fisheries, National Marine Fisheries Service. establishing a directed fishing Specifications and Associated [FR Doc. 02–18261 Filed 7–16–02; 3:37 pm] allowance of 2,470 mt, and is setting Management Measures for the Groundfish Fisheries off Alaska; BILLING CODE 3510–22–S aside the remaining 140 mt as bycatch to support other anticipated groundfish Correction fisheries. In accordance with AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE § 679.20(d)(1)(iii), the Regional Service (NMFS), National Oceanic and Administrator finds that this directed National Oceanic and Atmospheric Atmospheric Administration (NOAA), fishing allowance will soon be reached. Administration Commerce. Consequently, NMFS is prohibiting ACTION: Emergency interim rule; directed fishing for Pacific ocean perch 50 CFR Part 679 correction. in the Western Regulatory Area of the [Docket No. 011218304–1304–01; I.D. GOA. SUMMARY: This document corrects the 071502B] correction to an emergency interim rule Maximum retainable bycatch amounts published July 10, 2002, by adding Fisheries of the Exclusive Economic may be found in the regulations at information that should have been Zone Off Alaska; Pacific Ocean Perch § 679.20(e) and (f). included in the correction. The in the Western Regulatory Area of the Classification emergency interim rule, published Gulf of Alaska January 8, 2002, implements Steller sea This action responds to the best AGENCY: National Marine Fisheries lion protection measures and 2002 Service (NMFS), NationalOceanic and available information recently obtained harvest specifications for the Alaska Atmospheric Administration (NOAA), from the fishery. The Assistant groundfish fishery. The correction was Commerce. Administrator for Fisheries, NOAA, needed to afford Atka mackerel fishery finds good cause to waive the participants an additional opportunity ACTION: Closure. requirement to provide prior notice and to register for the 2002 B season harvest SUMMARY: NMFS is prohibiting directed opportunity for public comment limit area (HLA) fishery in the Aleutian fishing for Pacific ocean perch in the pursuant to the authority set forth at 5 Islands subarea. Through an oversight, Western Regulatory Area of the Gulf of U.S.C. 553(b)(B) as such requirement is the correction to the emergency rule did Alaska (GOA). This action is necessary contrary to the public interest. This not reference collection-of-information to prevent exceeding the 2002 total requirement is contrary to the public requirements subject to the Paperwork allowable catch (TAC) of Pacific ocean interest as it would delay the closure of Reduction Act, which had been perch in this area. the fishery, lead to exceeding the TAC, submitted under the January 8, 2002, DATES: Effective 1200 hrs, Alaska local and therefore reduce the public’s ability emergency interim rule. Therefore, this time (A.l.t.), July 16, 2002, through 2400 to use and enjoy the fishery resource. document is being published to address this issue. hrs, A.l.t., December 31, 2002. The Assistant Administrator for DATES: Effective July 10, 2002. FOR FURTHER INFORMATION CONTACT: Fisheries, NOAA, also finds good cause ADDRESSES: Send comments on Mary Furuness, 907–586–7228. to waive the 30–day delay in the collection-of-information requirements SUPPLEMENTARY INFORMATION: NMFS effective date of this action under 5 to Sue Salveson, Assistant Regional manages the groundfish fishery in the U.S.C. 553(d)(3). This finding is based Administrator, Sustainable Fisheries GOA exclusive economic zone upon the reasons provided above for according to the Fishery Management Division, Alaska Region, NMFS, P.O. waiver of prior notice and opportunity Box 21668, Juneau, AK, 99802, Attn: Plan for the Groundfish Fishery of the for public comment. Gulf of Alaska (FMP) prepared by the Lori Durall and to the Office of North Pacific Fishery Management This action is required by section Information and Regulatory Affairs Council under authority of the 679.20 and is exempt from review under (OIRA), Office of Management and Magnuson-Stevens Fishery Executive Order 12866. Budget (OMB), Washington, DC 20503 Conservation and Management Act. Authority: Authority: 16 U.S.C. 1801 et (Attn: NOAA Desk Officer). Regulations governing fishing by U.S. seq. FOR FURTHER INFORMATION CONTACT: Melanie Brown, NMFS, 907–586–7228 vessels in accordance with the FMP Dated: July 15, 2002. appear at subpart H of 50 CFR part 600 or e-mail at [email protected]. and 50 CFR part 679. Virginia M. Fay, SUPPLEMENTARY INFORMATION: An The 2002 TAC of Pacific ocean perch Acting Director, Office of Sustainable emergency interim rule was published for the Western Regulatory Area was Fisheries, National Marine Fisheries Service. January 8, 2002 (67 FR 956), amended established as 2,610 metric tons (mt) by [FR Doc. 02–18263 Filed 7–16–02; 3:37 pm] and corrected May 1, 2002 (67 FR an emergency rule implementing 2002 BILLING CODE 3510–22–S 21600), extended May 16, 2002 (67 FR
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3486), and corrected July 10, 2002 (67 the first paragraph of the Classification ADDRESSES) and to the Office of FR 45672). The July 10, 2002, correction section: Information and Regulatory Affairs, to the emergency interim rule Office of Management and Budget, implements a registration process for Classification Washington, DC 20503 (Attn: NOAA the 2002 B season HLA directed fishery The correction of an emergency Desk Officer). for Atka mackerel and clarified the interim rule published July 10, 2002 (67 Notwithstanding any other provisions requirements for registration in the Atka FR 45671, FR Doc. 02–17045), contained of the law, no person is required to mackerel HLA directed fishery for the B a collection-of-information requirement respond to, and no person shall be season starting September 1, 2002. subject to the PRA that has been subject to a penalty for failure to comply However, its Classification section did approved by the Office of Management with a collection of information subject not address the information requirement and Budget (OMB) under OMB control to the requirements of the PRA, unless for the registration process. number 0648–0206. For the Federal that collection of information displays a Need for Correction Fisheries Permit registration, the currently valid OMB control number. This document inadvertently omitted estimated response time is 21 minutes. List of Subjects in 50 CFR Part 679 The response-time estimate includes the required PRA text and must be corrected Alaska, Fisheries, Recordkeeping and time for reviewing instructions, by adding it. reporting requirements. searching existing data sources, Correction gathering and maintaining the data Dated: July 15, 2002. Accordingly, the correction to the needed, and completing and reviewing Rebecca Lent, emergency rule on July 10, 2002, FR the collection of information. Send Deputy Assistant Administrator for Doc. 02–17045 is further corrected as comments regarding this burden Regulatory Programs, National Marine follows: estimate, or any other aspect of this data Fisheries Service. On page 45672, column 2, under collection, including suggestions for [FR Doc. 02–18264 Filed 7–18–02; 8:45 am] Classification add the following text as reducing the burden, to NMFS (see BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 67, No. 139
Friday, July 19, 2002
This section of the FEDERAL REGISTER preserved pork also would be added to a modification of the order or an contains notices to the public of the proposed the regulations. exemption from the order. Such person issuance of rules and regulations. The DATES: Written comments must be is afforded the opportunity for a hearing purpose of these notices is to give interested received by August 19, 2002. on the petition. After the hearing, the persons an opportunity to participate in the Department would rule on the petition. rule making prior to the adoption of the final ADDRESSES: Send a copy of your rules. comments to Kenneth R. Payne, Chief; The Act provides that the district court Marketing Programs Branch, Room of the United States in the district in 2627–S; Livestock and Seed Program, which a person resides or does business DEPARTMENT OF AGRICULTURE AMS, USDA; STOP 0251; 1400 has jurisdiction to review the Independence Avenue, SW.; Department’s determination, if a Agricultural Marketing Service Washington, DC 20250–0251. complaint is filed not later than 20 days Comments may also be submitted after the date such person receives 7 CFR Part 1230 electronically to: notice of such determination. [email protected] or by This action also was reviewed under [No. LS–02–09] facsimile at 202/720–1125. All the Regulatory Flexibility Act (5 United comments should reference the docket States Code (U.S.C.) 601 et seq.). The Pork Promotion, Research, and number LS–02–09, the date, and the effect of the Order upon small entities Consumer Information Order: Rules page number of this issue of the Federal initially was discussed in the September and Regulations—Decrease in Register. Comments will be available for 5, 1986, issue of the Federal Register Assessment Rate and Decrease of public inspection via the Internet at (51 FR 31898). It was determined at that Importer Assessments http://www.ams.usda.gov/lsg/mpb/rp- time that the Order would not have a pork.htm or during regular business significant effect upon a substantial AGENCY: Agricultural Marketing Service, hours, 8:00 a.m. to 4:30 p.m. Eastern number of small entities. Many of the USDA. Time, Monday through Friday, at the estimated 81,000 pork producers and ACTION: Proposed rule. above address. 500 importers may be classified as small FOR FURTHER INFORMATION CONTACT: entities under the Small Business SUMMARY: Pursuant to the Pork Kenneth R. Payne, Chief, Marketing Administration definition (13 CFR Promotion, Research, and Consumer Programs Branch, 202/720–1115. 121.201). Information Act of 1985 (Act) and the SUPPLEMENTARY INFORMATION: This proposed rule would decrease Pork Promotion, Research, and the rate of the assessment from 0.45 Consumer Information Order (Order) Executive Orders 12866 and 12988, the percent of the market value of porcine thereunder, this proposed rule would Regulatory Flexibility Act, and the animals to 0.40 percent, and would decrease the current rate of assessment Paperwork Reduction Act decrease the cents per pound and per of 0.45 percent of the market value of The Office of Management and Budget kilogram of assessments on imported porcine animals to 0.40 percent, and has waived the review process required pork and pork products subject to decrease the amount of assessment per by Executive Order 12866. assessment. Adjusting the rate of pound due on imported pork and pork This proposed rule has been reviewed assessment from 0.45 percent to 0.40 products (two- to four-hundredths of a under Executive Order 12988, Civil percent and decreasing the assessment cent per pound) to reflect the combined Justice Reform. This proposal is not on imported pork and pork products effect of the increase in the 2001 average intended to have a retroactive effect. would result in an estimated decrease in price for domestic barrows and gilts The Act states that the statute is assessments of $5 million to $6 million (about 7 percent) and the proposed intended to occupy the field of over a 12-month period. Of that amount, decrease in the assessment rate. The promotion and consumer education approximately $290,000 would be assessment decrease would decrease involving pork and pork products and of attributed to the decrease in importer annual funding of the promotion, obtaining funds thereof from pork assessments. The gross market value of research, and consumer information producers and that the regulation of all swine marketed in the United States program by an estimated $5 million to such activity (other than a regulation or during 2000 exceeded $11.7 billion. $6 million with an estimated $290,000 requirement relating to a matter of This decrease would reduce the decrease in importer assessments. The public health or the provision of State assessment burden on producers. The assessment decrease reflects the or local funds for such activity) that is adjustment in importer assessments also National Pork Producers Delegate in addition to or different from the Act would bring the equivalent market value Body’s (Delegate Body) desire to lessen may not be imposed by a State. of live animals from which imported the assessment burden on producers The Act provides that administrative pork and pork products are derived in and make such funds available to pork proceedings must be exhausted before line with the market value of domestic producers and the industry. The parties may file suit in court. Under porcine animals. A HTS number for adjustment in importer assessments also § 1625 of the Act, a person subject to an prepared or preserved pork also would would bring the equivalent market value order may file a petition with the be added to the regulations. Therefore, of live animals from which imported Department of Agriculture (Department) the economic impact of the proposed pork and pork products are derived in stating that such order, a provision of assessments will not be a significant line with the market value of domestic such order or an obligation imposed in part of the total market value of swine. porcine animals. A Harmonized Tariff connection with such order is not in Accordingly, the Administrator of the Schedule (HTS) number for prepared or accordance with the law; and requesting Agricultural Marketing Service (AMS)
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has determined that this action will not The Act and § 1230.71 of the Order components of pork products. Secondly, have a significant economic impact on contain provisions for adjusting the the carcass weight equivalent is a substantial number of small entities. initial rate of assessment. The Delegate converted to a live animal equivalent The Act (7 U.S.C. 4801–4819) Body has the responsibility to weight by dividing the carcass weight approved December 23, 1985, recommend the rate of assessment to the equivalent by 74 percent, which is the authorized the establishment of a Department. The 2002 Delegate Body, at average dressing percentage of porcine national pork promotion, research, and its annual meeting on March 1–2, 2002, animals in the United States as consumer information program. The in Denver, Colorado, voted to recognized by the industry. Thirdly, the final Order establishing a pork recommend to the Department that the equivalent value of the live porcine promotion, research, and consumer rate of assessment of 0.45 percent be animals is determined by multiplying information program was published in decreased to 0.40 percent. There were the live animal equivalent weight by an the September 5, 1986, issue of the 167 Delegate Body members appointed annual average market price for barrows Federal Register (51 FR 31898; as by the Secretary in 2002. At the Delegate and gilts as calculated by the corrected, at 51 FR 36383 and amended Body meeting 144 delegates were Department’s, AMS, Livestock and at 53 FR 1909, 53 FR 30243, 56 FR 4, present during voting and voted Grain Market News (LGMN) Branch. 56 FR 51635, 60 FR 29963, 61 FR 29002, 50,750.1 valid share votes. States and Finally, the equivalent value is 62 FR 26205, 63 FR 45936, 64 FR 44643, importers are allotted one share per multiplied by the applicable assessment and 66 FR 67071) and assessments $1,000 of the aggregated amount of rate due on imported pork and pork began on November 1, 1986. The assessment collected. There were products. The end result is expressed in program was funded by an initial 29,974.9 share votes cast in favor of the an amount per pound for each type of assessment rate of 0.25 percent of the 0.05 percent decrease. pork or pork product. To determine the market value of all porcine animals The formula in the preamble for the amount per kilogram for pork and pork marketed in the United States and on Order at 51 FR 31901 contemplated that products subject to assessment under imported porcine animals with an it would be necessary to recalculate the the Act and Order, the cent-per-pound equivalent assessment on pork and pork equivalent live animal value of assessments are multiplied by a metric products. However, that rate was imported pork and pork products to conversion factor 2.2046 and carried to increased to 0.35 percent effective reflect changes in the rate of assessment the sixth decimal. December 1, 1991 (56 FR 51635), and to or changes in the annual average price Since the last adjustment was made in 0.45 percent effective September 3, 1995 of domestic barrows and gilts to the amount of the assessment due on (60 FR 29963). Based on the assessment maintain equity of assessments between live hogs and imported pork and pork rate of 0.45 percent, the total annual domestic and porcine animals and products (66 FR 67071), there has been imported pork and pork products. a change in the way LGMN Branch assessments collected during 2001 were This proposed rule would decrease reports hog prices. Due to the approximately $57.4 million. the amount of assessment on all of the implementation of the Livestock Assessments on imported pork and pork imported pork and pork products Mandatory Price Reporting Program, products accounted for about $3.7 subject to assessment as published in LGMN no longer report hogs on a live million of the total. the Federal Register as a final rule basis because most of the industry The Order requires that producers pay December 28, 2001, and effective on moved to buying hogs on a carcass to the National Pork Board an January 28, 2002 (66 FR 67071). The basis. Thus, the Iowa-Southern assessment of 0.45 percent of the market assessment decrease reflects the Minnesota hog reports are now reported value of each porcine animal upon sale. Delegate Body’s desire to lessen the on a carcass basis defined by muscle However, for purposes of collecting and assessment burden on producers and and fat. Previously, these reports were remitting assessments, porcine animals make such funds available to pork quoted for 49–52 percent lean yield are divided into three separate producers and the industry. The barrows and gilts weighing an average of categories (1) feeder pigs, (2) slaughter adjustment in importer assessments also 240–280 pounds live weight. Therefore, hogs, and (3) breeding stock. The Order would bring the equivalent market value the only consistent price available for specifies that purchasers of feeder pigs, of live animals from which imported hogs for calendar year 2001 is the slaughter hogs, and breeding stock shall pork and pork products are derived in average base carcass price for 51–52 collect an assessment on these animals line with the market value of domestic percent lean hogs derived from the if assessments are due. The Order porcine animals. A HTS number for National Base Lean Hog Carcass further provides that for the purpose of prepared or preserved pork also would Slaughter Cost Report. To convert this collecting and remitting assessments be added to the regulations. figure to a live basis, it must be persons engaged as a commission The methodology for determining the multiplied by 74 percent, the average merchant, auction market, or livestock per-pound amounts for imported pork dressing percentage of porcine animals market in the business of receiving such and pork products was described in the in the United States as recognized by porcine animals for sale on commission supplementary information the industry. for or on behalf of a producer shall be accompanying the Order and published The average annual market price deemed to be a purchaser. in the September 5, 1986, Federal increased from $42.70 per The Order requires importers of Register at 51 FR 31901. The weight of hundredweight in 2000 to $45.87 per porcine animals to pay U.S. Customs imported pork and pork products is hundredweight in 2001, an increase of Service (USCS), upon importation, the converted to a carcass weight equivalent about 7 percent. The combined effect of assessment of 0.45 percent of the by utilizing conversion factors which the proposed assessment rate decrease porcine animal’s declared value and are published in the Department’s and the increase in the average annual importers of pork and pork products to Agricultural Handbook No. 697 market price would result in a decrease pay USCS, upon importation, the ‘‘Conversion Factors and Weights and in assessments for all HTS numbers assessment of 0.45 percent of the market Measurers.’’ These conversion factors listed in the table in § 1230.110(b), 66 value of the live porcine animals from take into account the removal of bone, FR 67071; December 28, 2001, of an which such pork and pork producers weight lost in cooking or other amount equal to two- to four- were produced. processing, and the nonpork hundredths of a cent per pound, or as
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expressed in cents per kilogram, four- This proposed rule provides for a 30- PART 1230—PORK PROMOTION, hundredths to nine-hundredths of a cent day comment period which is deemed RESEARCH, AND CONSUMER per kilogram. Based on Department of appropriate because the proposed rule INFORMATION Commerce, Bureau of Census, data on provides for a decrease in the the volume of pork and pork products assessment rate and it is intended to 1. The authority citation for 7 CFR imported during 2001, the proposed implement this change, if adopted, as part 1230 continues to read as follows: soon as possible so that the funds decreases in the assessment amounts Authority: 7 U.S.C. 4801–4819. would result in an estimated $290,000 representing the decrease will be decrease in importer assessments over a available to pork producers and the pork Subpart B—[Amended] 12-month period. In addition, this rule industry at the earliest possible date. adds a new HTS number— List of Subjects in 7 CFR Part 1230 2. Section 1230.110 is revised to read 1602.49.9000—to the table in Administrative practice and as follows: § 1230.110(b). This HTS number has procedure, Advertising, Agriculture been assigned to prepared or preserved § 1230.110 Assessments on imported pork research, Marketing agreement, Meat and pork products. pork. In 2001, over 2,114 metric tons of and meat products, Pork and pork prepared or preserved pork products products. (a) The following Harmonized Tariff were imported into the United States as For the reasons set forth in the Schedule (HTS) categories of imported reported by the Department of preamble, it is proposed that 7 CFR part live porcine animals are subject to Commerce. 1230 be amended as set forth below: assessment at the rate specified.
Live porcine animals Assessment
0103.10.0000 ...... 0.40 percent Customs Entered Value. 0103.91.0000 ...... 0.40 percent Customs Entered Value. 0103.92.0000 ...... 0.40 percent Customs Entered Value.
(b) The following HTS categories of subject to assessment at the rates imported pork and pork products are specified.
Assessment Pork and Pork Products cents/lb cents/kg
0203.11.0000 ...... 25 .551150 0203.12.1010 ...... 25 .551150 0203.12.1020 ...... 25 .551150 0203.12.9010 ...... 25 .551150 0203.12.9020 ...... 25 .551150 0203.19.2010 ...... 29 .639334 0203.19.2090 ...... 29 .639334 0203.19.4010 ...... 25 .551150 0203.19.4090 ...... 25 .551150 0203.21.0000 ...... 25 .551150 0203.22.1000 ...... 25 .551150 0203.22.9000 ...... 25 .551150 0203.29.2000 ...... 29 .639334 0203.29.4000 ...... 25 .551150 0206.30.0000 ...... 25 .551150 0206.41.0000 ...... 25 .551150 0206.49.0000 ...... 25 .551150 0210.11.0010 ...... 25 .551150 0210.11.0020 ...... 25 .551150 0210.12.0020 ...... 25 .551150 0210.12.0040 ...... 25 .551150 0210.19.0010 ...... 29 .639334 0210.19.0090 ...... 29 .639334 1601.00.2010 ...... 34 .749564 1601.00.2090 ...... 34 .749564 1602.41.2020 ...... 37 .815702 1602.41.2040 ...... 37 .815702 1602.41.9000 ...... 25 .551150 1602.42.2020 ...... 37 .815702 1602.42.2040 ...... 37 .815702 1602.42.4000 ...... 25 .551150 1602.49.2000 ...... 34 .749564 1602.49.4000 ...... 29 .639334 1602.49.9000 ...... 29 .639334
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3. Section 1230.112 is revised to read 12866 and has been determined to be OMB Control Number: 0560–0210. as follows: significant and has been reviewed by Type of Request: Request for a the Office of Management and Budget. reinstatement, with change, of a § 1230.112 Rate of assessment. previously approved collection for In accordance with § 1230.71(d) the Regulatory Flexibility Act which approval has expired. rate of assessment shall be 0.40 percent The Regulatory Flexibility Act is not Abstract: Apple operations are of market value. applicable to this rule because USDA is eligible to receive direct payments Dated: July 15, 2002. not required by 5 U.S.C. 553 or any provided they make certifications that A. J. Yates, other provision of law to publish a attest to their eligibility to receive such payments. As appropriate, these Administrator, Agricultural Marketing notice of proposed rulemaking on the Service. subject matter of this rule. operations must certify: (1) The pounds of apples produced and harvested [FR Doc. 02–18258 Filed 7–18–02; 8:45 am] Environmental Evaluation during the 2000 crop year; (2) receipt of BILLING CODE 3410–02–P It has been determined by an no other payments by the apple environmental evaluation that this operation for the market loss of apples DEPARTMENT OF AGRICULTURE action will have no significant impact from any other Federal program, except on the quality of the human Federal Crop Insurance; and (3) that Commodity Credit Corporation environment. Therefore, neither an they understand the apple operation environmental assessment nor an may be randomly selected by the 7 CFR Part 1470 Environmental Impact Statement is Commodity Credit Corporation (CCC) to needed. provide documentation during a spot RIN 0560–AG63 check to verify claims. The information Executive Order 12988 collection will be used by CCC to Apple Market Loss Assistance This rule has been reviewed in determine the program eligibility of Payment Program II accordance with Executive Order 12988. apple operations. CCC considers the AGENCY: Commodity Credit Corporation, This rule preempts State laws that are information collected essential to USDA. inconsistent with this rule. Before any prudent eligibility determinations and ACTION: Proposed rule with request for judicial action may be brought payment calculations. Additionally, comments. concerning this rule, the administrative without accurate information on apple remedies must be exhausted. operations, the national payment rate SUMMARY: This rule establishes the would be inaccurate, payments could be Executive Order 12372 Apple Market Loss Assistance Payment made to ineligible recipients, and the Program II. The program will provide This program is not subject to integrity and accuracy of the program direct payments to apple producers to Executive Order 12372, which requires could be compromised. provide relief due to the low prices consultation with State and local Estimate of Burden: Public reporting received for their 2000 crop. officials. See the notice related to 7 CFR burden for this collection of information DATES: Comments on this rule must be part 3015, subpart V, published at 48 FR is estimated to average 5 minutes per received on or before August 19, 2002, 29115 (June 24, 1983). response. Respondents: Apple Operations. to be assured consideration. Comments Unfunded Mandates on the information collections in this Estimated Number of Respondents: rule must be received by September 17, The provisions of Title II of the 10,000. Estimated Number of Responses per 2002 to be assured consideration. Unfunded Mandates Reform Act of 1995 are not applicable to this rule because Respondent: 1. ADDRESSES: Comments should be the USDA is not required by 5 U.S.C. Estimated Total Annual Burden on mailed to Grady Bilberry, Director, Price 553 or any other law to publish a notice Respondents: 10,840 hours. Support Division (PSD), Farm Service of proposed rulemaking on the subject Proposed topics for comment include: Agency (FSA), United States matter of this rule. Further, in any case, (a) Whether the collection of Department of Agriculture (USDA), these provisions do not impose any information is necessary for the proper STOP 0512, 1400 Independence mandates on state, local or tribal performance of the functions of the Avenue, SW, Washington, DC 20250– governments, or the private sector. agency, including whether the 0512; telephone (202) 720–7901 or e- information will have practical utility; mail: [email protected]. Federal Assistance Program (b) the accuracy of the agency’s estimate Comments may be inspected in the The title and number of the Federal of burden including the validity of the Office of the Director, PSD, FSA, USDA, assistance program, as found in the methodology and assumptions used; (c) Room 4095 South Building, Catalogue of Federal Domestic ways to enhance the quality, utility, and Washington, DC, between 8 a.m. and Assistance, to which this rule applies clarity of the information collected; or 4:30 p.m., Monday through Friday, are: 10.075—Special Apple Program. (d) ways to minimize the burden of the except holidays. A copy of this collection of the information on those proposed rule is available on the PSD Paperwork Reduction Act who are to respond, including through home page at http://www.fsa.usda.gov/ In accordance with the Paperwork the use of appropriate automated, dafp/psd/. Reduction Act of 1995, FSA has electronic, mechanical, or other FOR FURTHER INFORMATION CONTACT: submitted an emergency information technological collection techniques or Danielle Cooke, FSA; telephone (202) collection request to OMB for the other forms of information technology. 720–1919 approval of the Apple Market Loss Comments should be sent to the Desk SUPPLEMENTARY INFORMATION: Assistance Payment Program Officer for Agriculture, Office of application as necessary for the proper Information and Regulatory Affairs, Executive Order 12866 functioning of the program. Office of Management and Budget, This proposed rule is issued in Title: Apple Market Loss Assistance Washington, DC 20503 and to Grady conformance with Executive Order Payment Program. Bilberry, Director, Price Support
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Division, Farm Service Agency, United actively engaged during the 2000 crop 1470.113 Misrepresentation and scheme or States Department of Agriculture, STOP year. At the close of the sign-up period, device. 0512, 1400 Independence Avenue, SW., a national per-pound payment rate will 1470.114 Estates, trusts, and minors. Washington, DC 20250–0512 or 1470.115 Death, incompetency, or be determined by dividing the available disappearance. telephone (202) 720–7901. $75,000,000 by the total pounds of 1470.116 Maintenance and inspection of Executive Order 12612 apples from all applicants, with no records. operation exceeding 5,000,000 pounds. 1470.117 Refunds; joint and several This rule does not have sufficient Because outlays for this program are liability. Federalism implications to warrant the fixed, the national average payment rate preparation of a Federalism Assessment. and individual payments can only be Subpart B—Apple Market Loss The provisions contained in this rule calculated after the total eligible Payment Program II will not have a substantial direct effect quantity of apple production has been § 1470.101 Applicability. on States or their political subdivisions, determined. Information provided on or on the distribution of power and (a) The regulations in this subpart are applications will be subject to applicable to producers of the 2000 crop responsibilities among the various verification by FSA. Applications to be levels of government. of apples. These regulations set forth the verified will be selected randomly. terms and conditions under which the Background Penalties for false certifications can be Commodity Credit Corporation (CCC) easily assessed and are expected to Section 741 of Public Law 107–76 shall provide payments to apple minimize such certifications. Apple directs the Secretary of Agriculture to producers who have applied to operations may, during the applicable use $75 million of funds of the participate in the Apple Market Loss period, apply in person at FSA county Commodity Credit Corporation (CCC) to Assistance Payment Program II in provide assistance to producers for the offices during regular business hours. accordance with section 741 of Public 2000 crop of apple production. Alternatively, program applications may Law 107–76, as amended by Public Law During the past few years a number of be obtained by mail, telephone, and 107–117. Additional terms and factors have produced a serious facsimile from their designated FSA conditions may be set forth in the economic crisis that threatens the county office or obtained via the payment application that must be existence of apple producers throughout Internet. The Internet website is located executed by participants to receive a the United States. Apples are grown in at www.fsa.usda.gov/dafp/psd/. market loss payment for apples. every state in the continental United List of Subjects in 7 CFR Part 1470 (b) Payments shall be available only States, and are grown commercially in for apples produced and harvested in Apple, Reporting and recordkeeping 36 states. Twenty years of increasing the United States. requirements. world production, stagnant domestic For the reasons set out in the § 1470.102 Administration. consumption, natural disasters and low- preamble, 7 CFR part 1470 is proposed (a) The Apple Market Loss Assistance priced juice imports have altered the to be amended as follows: Payment Program II shall be blueprint for economic success in the administered under the general apple industry. PART 1470—APPLE MARKET LOSS This rule would address the situation supervision of the Executive Vice ASSISTANCE PAYMENT PROGRAM President, CCC (Administrator, FSA), or by establishing a new program. The a designee, and shall be carried out in payments provided by this rule will 1. The authority citation for part 1470 the field by FSA State and county offset a portion of the per-bushel losses is revised to read as follows: committees (State and county producers have incurred marketing Authority: Sec. 811, Pub. L. 106–387, 114 committees) and FSA employees. apples in the U.S. Those eligible will Stat. 1549; Sec. 741, Pub. L. 107–76, 115 Stat. (b) State and county committees, and receive an immediate payment to help 704; Sec. 102, Pub. L. 107–117, 115 Stat. representatives and employees thereof, pay operating expenses and meet other 2230. do not have the authority to modify or financial obligations. 2. Redesignate §§ 1470.1 through waive any of the provisions of the The Act, as amended by Public Law 1470.16 as subpart A and add a heading regulations of this subpart. 107–117, provides that producers of for subpart A to read as follows: (c) The State committee shall take any apples can receive a payment on a per- action required by the regulations of this pound basis for 2000 crop production Subpart A—Apple Market Loss subpart that has not been taken by the from a qualifying operation, up to a Payment Program county committee. The State committee maximum of 5,000,000 pounds per shall also: 3. Add subpart B to part 1470 to read separate apple operation. To be eligible, (1) Correct, or require the county apple producers must: (1) Have as follows: committee to correct, any action taken produced and harvested apples during Subpart B—Apple Market Loss Assistance by such county committee that is not in the 2000 crop year, (2) not have received Payment Program II accordance with the regulations of this a payment from any other Federal Sec. subpart; and program, other than crop insurance, for 1470.101 Applicability. (2) Require a county committee to the same market loss, and (3) apply for 1470.102 Administration. withhold taking any action that is not in cash payments during the application 1470.103 Definitions. accordance with the regulations of this period for each apple operation. Public 1470.104 Time and method of application. subpart. Law 107–76 also specified that benefits 1470.105 Eligibility. (d) No provision or delegation of this under the program would not be subject 1470.106 Proof of production. subpart to a State or county committee to limitations, other than those provided 1470.107 Availability of funds. shall preclude the Executive Vice 1470.108 Applicant payment quantity. for in the statute. Therefore, producers 1470.109 Payment rate and apple operation President, CCC, or a designee, from do not have to be actively engaged in payment. determining any question arising under the business of producing and 1470.110 Offsets and withholdings. the program or from reversing or marketing agricultural products at the 1470.111 Assignments. modifying any determination made by time of application if the producer was 1470.112 Appeals. the State or county committee.
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(e) The Deputy Administrator, Farm Secretary means the Secretary of the programs, except an indemnity Programs, FSA, may authorize State and United States Department of Agriculture provided under a policy or plan of county committees to waive or modify or any other officer or employee of the insurance offered under the Federal deadlines and other program Department who has been delegated the Crop Insurance Act (7 U.S.C. 1501). requirements in cases where lateness or authority to act in the Secretary’s stead (3) Apply for payments during the failure to meet such other requirements with respect to the program established application period. do not adversely affect the operation of in this part. (b) Payments may be made for losses the Apple Market Loss Assistance United States means the 50 States of suffered by an eligible producer who is Payment Program II and does not violate the United States of America, the now deceased or is a dissolved entity if statutory limitations on the program. District of Columbia, and the a representative who currently has (f) Payment applications and related Commonwealth of Puerto Rico. authority to enter into a contract for the documents not executed in accordance Verifiable production records means producer signs the application for with the terms and conditions evidence that is used to substantiate the payment. Proof of authority to sign for determined and announced by CCC, amount of production reported and that the deceased producer or dissolved including any purported execution can be verified by CCC through an entity must be provided. If a producer outside of the dates authorized by CCC, independent source. is now a dissolved general partnership shall be null and void unless the or joint venture, all members of the Executive Vice President, CCC, shall § 1470.104 Time and method of general partnership or joint venture at application. otherwise allow. the time of dissolution, or their duly (a) Apple producers may obtain an § 1470.103 Definitions. authorized representatives must sign the Application, in person, by mail, by application for payment. The definitions set forth in this telephone, or by facsimile from any (c) An apple operation must submit a section shall be applicable for all county FSA office. timely application and comply with all purposes of administering the Apple (b) A request for benefits under this other terms and conditions of this Market Loss Assistance Payment subpart must be submitted on a subpart and instructions issued by CCC, Program II established by this subpart. completed Application as defined in as well as comply with those Administrator means the FSA § 1470.103. Applications should be instructions that are otherwise Administrator. submitted to the FSA county office contained in the application to be Apple operation means any person or serving the county where the apple group of persons who, as a single unit eligible for benefits under this subpart. operation is located but, in any case, (d) All payments under this part are as determined by CCC, produces and must be received by the FSA county subject to the availability of funds. market apples in the United States. office by the close of business on the Application means Form CCC–891, date established by the Deputy § 1470.106 Proof of production. the Apple Market Loss Assistance Administrator. Applications not (a) Apple operations selected for spot Payment Application. received by the close of business on checks by CCC must, in accordance with Application period means the date such date will be disapproved as not instructions issued by the Deputy established by the Deputy Administrator having been timely filed and the apple Administrator, provide adequate proof for producers to apply for program operation will not be eligible for of the apples produced during the 2000 benefits. CCC means the Commodity Credit benefits under this program. crop year to verify production. The Corporation. (c) All persons who share in the risk documentary evidence of apple County committee means the FSA of an apple operation’s total production production claimed for payment shall county committee. must certify to the information on the be reported to CCC together with any County office means the local FSA Application before the Application will supporting documentation under office. be considered complete. paragraph (b) of this section. The 2000 Department or USDA means the (d) The apple operation requesting crop year production must be United States Department of benefits under this subpart must certify documented using actual records. Agriculture. to the accuracy and truthfulness of the (b) All persons involved in such apple Deputy Administrator means the information provided in their operation producing apples during the Deputy Administrator for Farm application. All information provided is 2000 crop year shall provide any Programs (DAFP), Farm Service Agency subject to verification by CCC. Refusal available supporting documents to assist (FSA) or a designee. to allow CCC or any other agency of the the county FSA office in verifying the Eligible production means apples that Department of Agriculture to verify any operation’s apple production indicated were produced in the United States information provided will result in a on the Application. Examples of anytime during the 2000 crop year, up denial of eligibility. Furnishing the supporting documentation include, but to a maximum of 5,000,000 pounds per information is voluntary; however, are not limited to: picking, packout, and apple operation. without it program benefits will not be payroll records, RMA records, sales Farm Service Agency or FSA means approved. Providing a false certification documents, copies of receipts, ledgers of the Farm Service Agency of the to the Government is punishable by income, or any other documents Department. imprisonment, fines and other penalties. available to confirm the production and Payment pounds means the pounds of production history of the apple apples for which an operation is eligible § 1470.105 Eligibility. operation. In the event that supporting to be paid under this subpart. (a) To be eligible to receive a payment documentation is not presented to the Person means any individual, group under this subpart, an apple operation county FSA office requesting the of individuals, partnership, corporation, must: information, apple operations will be estate, trust association, cooperative, or (1) Have produced apples in the determined ineligible for benefits. other business enterprise or other legal United States at some time during the entity who is, or whose members are, a 2000 crop year; § 1470.107 Availability of funds. citizen of, or legal resident alien or (2) Not have been compensated for the The total available program funds aliens in the United States. same market loss by any other Federal shall be $75 million as provided by
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section 741 of Public Law 107–76 § 1470.113 Misrepresentation and scheme payment to the apple operation under except as determined appropriate by the or device. this program. Destruction of the records Executive Vice President of CCC and (a) An apple operation shall be 3 years after the date of payment shall authorized by law. Any discretion in ineligible to receive assistance under be the risk of the party undertaking the such matters shall be the discretion of this program if it is determined by the destruction. the Executive Vice President alone. State committee or county committee to (b) At all times during regular have knowingly: business hours, authorized § 1470.108 Applicant payment quantity. (1) Adopted any scheme or device representatives of CCC, the United (a) The applicant’s payment quantity that tends to defeat the purpose of this States Department of Agriculture, or the of apples will be determined by CCC, program; Comptroller General of the United based on the production of the 2000 (2) Made any fraudulent States shall have access to the premises crop of apples that was produced by representation; or of the apple operation in order to each operation. (3) Misrepresented any fact affecting a inspect, examine, and make copies of (b) The maximum quantity of apples determination under this program. CCC the books, records, and accounts, and for which producers are eligible for a will notify the appropriate investigating other written data as specified in payment under this subpart shall be agencies of the United States and take paragraph (a) of this section. 5,000,000 pounds per distinct operation. steps deemed necessary to protect the (c) Any funds disbursed pursuant to The Deputy Administrator shall interests of the government. this part to any person or operation who determine what may be considered a (b) Any funds disbursed pursuant to does not comply with the provisions of distinct operation and that decision this part to any person or operation paragraphs (a) or (b) of this section, or shall be final. engaged in a misrepresentation, scheme, who otherwise receives a payment for § 1470.109 Payment rate and apple or device, shall be refunded to CCC in which they are not eligible, shall be operation payment. accordance with § 1470.117(a). The refunded with interest. (a) A national per-pound payment rate remedies provided in this subpart shall § 1470.117 Refunds; joint and several will be determined after the conclusion be in addition to other civil, criminal, or liability. administrative remedies which may of the application period, and shall be (a) In the event of an error on an apply. calculated, to the extent practicable, by Application, a failure to comply with dividing the $75 million available for § 1470.114 Estates, trusts, and minors. any term, requirement, or condition for the Apple Market Loss Assistance (a) Program documents executed by payment arising under the Application, Payment Program II by the total pounds persons legally authorized to represent or this subpart, all improper payments of eligible production approved for estates or trusts will be accepted only if shall be refunded to CCC together with payment. interest and late payment charges as (b) Each eligible apple operation’s such person furnishes evidence of the authority to execute such documents. provided in part 1403 of this chapter. payment will be calculated by (b) All persons signing an apple multiplying the payment rate (b) A minor who is otherwise eligible for assistance under this part must also: operation’s application for payment as determined in paragraph (a) of this having an interest in the operation shall section by the apple operation’s eligible (1) Establish that the right of majority has been conferred on the minor by be jointly and severally liable for any production. refund, including related charges, that is (c) In the event that approval of all court proceedings or by statute; (2) Show that a guardian has been determined to be due for any reason eligible applications would result in under the terms and conditions of the expenditures in excess of the amount appointed to manage the minor’s property and the applicable program application or this part with respect to available, CCC shall reduce the payment such operation. rate in such manner as CCC, in its sole documents are executed by the discretion, finds fair and reasonable. guardian; or Signed in Washington, DC, on June 28, (d) A reserve may be created to handle (3) Furnish a bond under which the 2002. claims but claims shall not be payable surety guarantees any loss incurred for James R. Little, once the available funding is expended. which the minor would be liable had Executive Vice President, Commodity Credit the minor been an adult. Corporation. § 1470.110 Offsets and withholdings. [FR Doc. 02–18218 Filed 7–18–02; 8:45 am] § 1470.115 Death, incompetency, or CCC may offset or withhold any BILLING CODE 3410–05–P disappearance. amount due CCC under this subpart in accordance with the provisions of 7 CFR In the case of death, incompetency, part 1403. disappearance or dissolution of a person SMALL BUSINESS ADMINISTRATION that is eligible to receive benefits in § 1470.111 Assignments. accordance with this part, such person 13 CFR Part 121 Any person who may be entitled to a or persons specified in part 707 of this payment may assign his rights to such chapter may receive such benefits, as RIN 3245–AE89 payment in accordance with 7 CFR part determined appropriate by FSA. Small Business Size Standards; Forest 1404 or successor regulations as Fire Suppression and Fuels designated by the Department. § 1470.116 Maintenance and inspection of records. Management Services § 1470.112 Appeals. (a) Persons making application for AGENCY: U. S. Small Business Any producer who is dissatisfied with benefits under this program must Administration (SBA). a determination made pursuant to this maintain accurate records and accounts ACTION: Proposed rule. subpart may make a request for that will document that they meet all reconsideration or appeal of such eligibility requirements specified SUMMARY: The Small Business determination in accordance with the herein, as may be requested by CCC. Administration (SBA) proposes to appeal regulations set forth at 7 CFR Such records and accounts must be establish a $15 million size standard for parts 11 and 780. retained for 3 years after the date of the Forest Fire Suppression and Fuels
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Management activities classified within these areas. USFS and BLM now rely Because Forest Fire Suppression and the ‘‘Support Activities for Forestry’’ heavily on contractors for fighting these Fuels Management activities generated industry (North American Industry fires. In fact, these agencies plan on significant private sector activity only Classification System (NAICS) 115310). expanding their use of private sector recently, the U. S. Bureau of the Census The current size standard is $6 million. contractors by increasing their contract has not published specific information This action is warranted in light of requirements and by moving toward a on firms engaged in these activities. increased emphasis by the Federal nationwide approach, especially in the Also, currently available Census Bureau Government on removing biomass fuel area of fire suppression. These agencies data on the Support Activities for from the nation’s forests, the dramatic require contractors to provide Forestry industry do not capture the increase in funding for this effort, and specialized long-term (five to seven significant increases in Forest Fire the Government’s growing reliance years) certifiable training to fire-crew Suppression and Fuels Management upon the private sector to perform fuels chiefs and to crews, as well as to obtain activities. For example, contract awards management tasks and to suppress USFS certification for fire-fighting in these activities to firms in the state forest fires. equipment. In addition, because the of Oregon alone, increased from $29 DATES: Comments must be received on contractors have fire-fighting crews and million in fiscal year 1998 to $173 or before August 19, 2002. equipment meeting USFS certification million in fiscal year 2000. ADDRESSES: Send comments to Gary M. standards, USFS and BLM have begun Consequently, SBA cannot rely on the Jackson, Assistant Administrator for to include ‘‘prescribed burn’’ services in Census Bureau data to assess the size Size Standards, 409 3rd Street, SW., their fuels management requirements. standard for the Support Activities for Mail Code 6530, Washington, DC 20416; These factors caused company revenues Forestry industry or for Forest Fire or via E-mail to to dramatically increase over the last Suppression and Fuels Management. [email protected]. Upon three years to the point where many SBA conducted an extensive review of request, SBA will make all public businesses involved in these activities the Support Activities for Forestry comments available. exceed or may soon exceed the current industry and several other closely FOR FURTHER INFORMATION CONTACT: $6 million size standard, causing the related forestry industries and Diane Heal, Office of Size Standards, pool of eligible small businesses in this concluded that the Census Bureau data (202) 205–6618. activity to seriously decline. If this could not support a change to the current $6 million size standard. SUPPLEMENTARY INFORMATION: SBA has continues, these firms argue, Federal Therefore, SBA collected data from received requests from firms in the agencies could be hampered in using firms in the industry and from USFS Forestry industry to either increase the Government procurement preference and BLM to assess the size standard for $6 million size standard for the Support programs for small business. One Forest Fire Suppression and Fuels Activities for Forestry industry, or organization representing this industry Management. The information consisted create a separate size standard under recommends a 500-employee size of Federal funding for Federal, state, this industry for Forest Fire Suppression standard. It claims that an employee- based size standard would allow firms and local communities’ initiatives, and Fuels Management Services. procurement statistics and procurement [Effective February 22, 2002, the size ‘‘to better manage their resources and plan for capital expansion.’’ It also forecasts, company revenues and standard for NAICS 115310 increased employees, and capital investments. If from $5 million to $6 million as part of states that the Logging industry, a related industry, currently has an this rule is adopted, SBA will monitor an inflation adjustment to SBA’s U. S. Bureau of the Census data, as well monetary size standards (see 67 FR employee-based size standard and the two industries should have the same as Federal procurement and other 3041, dated January 23, 2002)]. These industry data to continue to assess the firms believe that this action is size standard. This organization also recommends, as an alternative, a $27.5 impact that this increased funding is warranted in light of increased having on the structure of small emphasis by the Federal Government on million size standard. To support this recommended size standard, it estimates businesses in these activities. removing biomass fuels from the Since Forest Fire Suppression and the amount of revenues generated by a nation’s forests, the dramatic increase in Fuels Management is a segment of the firm that provides 20 fire crews (a crew funding for this effort, and the Support Activities for Forestry industry, Government’s growing reliance upon consists of 20 people) for 90 days for SBA is adding a footnote to the table of the private sector to perform fuels forest fire suppression services. size standards defining the activities management tasks and to suppress Revenues from that effort alone could covered. It explains that firms in this forest fires. Funding for these amount to $10.8 million. industry provide services to fight forest requirements increased from $500 In recent years USFS and BLM have fires and that these firms usually have million in fiscal year 1999 to $1.9 come to rely heavily on the private fire-fighting crews and equipment. It billion in fiscal year 2001. For fiscal sector in the forestry industry to also includes firms that provide services year 2002, the funding level is proposed suppress forest fires and perform fuels to clear land of hazardous materials that to increase to $2.2 billion. To meet the management duties. As a result, the fuel forest fires and that the treatments various fire suppression and fuels firms in the forest industry choosing to used include prescribed fire, management requirements issued by the go into this industry need to invest in mechanical removal, establishing fuel United States Forest Service (USFS) and capital equipment and develop breaks, thinning, pruning, and piling. Bureau of Land Management (BLM), professional fire crews and fire chiefs SBA invites comment on this definition firms need to invest in new capital certifiable by USFS. Since firms in this so that it is inclusive of all activities equipment, such as fire engines, emerging industry utilize significantly currently performed in these areas. helicopters, brush cutters, and yarders. more capital equipment and specially- Size Standards Methodology: In addition, the massive buildup of trained personnel than for other forestry Congress granted SBA discretion to biomass fuels in the forest and severe activities, SBA is proposing a size establish detailed size standards. SBA’s droughts in the Southeastern and standard for Forest Fire Suppression Standard Operating Procedure (SOP) 90 Western sections of the United States and Fuels Management that is separate 01 3, ‘‘Size Determination Program’’ have resulted in devastating wildfires in from other forestry activities. (available on SBA’s web site at http:/
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www.sba.gov/library/soproom.html) the industry. If the specific industry’s this tends to support adopting the sets out four categories for establishing characteristics are significantly different anchor size standard. The opposite is and evaluating size standards: (1) The from the characteristics of the the case for an industry in which the structure of the industry and its various comparison group, a size standard distribution of firms indicates that economic characteristics, (2) SBA higher or, in rare cases, lower than the economic activity is concentrated program objectives and the impact of anchor size standard may be considered among the largest firms in an industry. different size standards on these appropriate. The larger the differences In this rule, SBA is comparing the size programs, (3) whether a size standard between the specific industry’s of firms within an industry to the size successfully excludes those businesses characteristics and the comparison of firms in the comparison group at which are dominant in the industry, and group, the larger the difference between which predetermined percentages of (4) other factors if applicable. Other the appropriate industry size standard receipts are generated by firms smaller factors, including the impact on other and the anchor size standard. Only than a particular size firm. For example, agencies’ programs, may come to the when all or most of the industry assume for the industry under review attention of SBA during the public characteristics are significantly smaller that 50 percent of total industry receipts comment period or from SBA’s own than the average characteristics of the are generated by firms of $7.5 million in research on the industry. No formula or comparison group, or other industry receipts and less This contrasts with the weighting has been adopted so that the considerations strongly suggest the comparison group (composed of factors may be evaluated in the context anchor size standard would be an industries with the nonmanufacturing of a specific industry. Below is a unreasonably high size standard for the anchor size standard of $6 million) in discussion of SBA’s analysis of the industry under review, will SBA adopt which firms of $5.8 million or less in economic characteristics of an industry, a size standard below the anchor size receipts generated 50 percent of total the impact of a size standard on SBA standard. industry receipts. Viewed in isolation, programs, and the evaluation of whether In 13 CFR 121.102 (a) and (b), this higher figure of the industry under a firm at or below a size standard could evaluation factors are listed which are review suggests that a size standard be considered dominant in the industry the primary factors describing the higher than the nonmanufacturing under review. structural characteristics of an anchor size standard may be warranted. Industry Analysis: The Small industry’average firm size, distribution Other size distribution comparisons in Business Act, 15 U.S.C. 632 (a)(3), of firms by size, start-up costs, and the industry analysis include 40 requires that size standards vary by industry competition. The analysis also percent, 60 percent, and 70 percent, as industry to the extent necessary to examines the possible impact of a size well as the 50 percent comparison reflect differing industry characteristic. standard revision on SBA’s programs as discussed above. Usually, SBA uses SBA has in place two ‘‘base’’ or an evaluation factor. SBA generally information based on the most recent ‘‘anchor’’ size standards that apply to considers these five factors to be the economic census conducted by the most industries—500 employees for most important evaluation factors in Department of Commerce’s Bureau of manufacturing industries and $6 million establishing or revising a size standard the Census. In this particular case, the for nonmanufacturing industries. SBA for an industry. However, it will also change in Federal policy, the massive established 500 employees as the anchor consider and evaluate other information infusion of Federal monies, and the size standard for the manufacturing that it believes relevant to the decision increased reliance upon the private industries at SBA’s inception in 1953 on a size standard as the situation sector for these services occurred since and shortly thereafter established a $1 warrants for a particular industry. 1997, the date of the last economic million size standard for the Public comments submitted on census. This information, along with nonmanufacturing industries. The proposed size standards are also an information specific to Forest Fire receipts-based anchor size standard for important source of additional Suppression and Fuels Management the nonmanufacturing industries was information that SBA closely reviews segment under NAICS Code 115310 is periodically adjusted for inflation so before making a final decision on a size not reflected in the latest census data. that, currently, the anchor size standard standard. Below is a brief description of Therefore, SBA gathered the pertinent for the nonmanufacturing industries is each of the five evaluation factors. data from the various firms in this $6 million. Anchor size standards are 1. Average firm size is simply total industry, which it will use along with presumed to be appropriate for an industry receipts (or number of industry unless its characteristics employees) divided by the number of the Census data. indicate that larger firms have a much firms in the industry. If the average firm 3. Start-up costs affect a firm’s initial greater significance within that industry size of an industry is significantly size because entrants into an industry than the ‘‘typical industry.’’ higher than the average firm size of a must have sufficient capital to start and When evaluating a size standard, the comparison industry group, this fact maintain a viable business. To the characteristics of the specific industry would be viewed as supporting a size extent that firms entering into one under review are compared to the standard higher than the anchor size industry have greater financial characteristics of a group of industries, standard. Conversely, if the industry’s requirements than firms do in other referred to as a comparison group. A average firm size is similar to or industries, SBA is justified in comparison group is a large number of significantly lower than that of the considering a higher size standard. In industries grouped together to represent comparison industry group, it would be lieu of direct data on start-up costs, SBA the typical industry. It can be comprised a basis to adopt the anchor size standard uses a proxy measure to assess the of all industries, all manufacturing or, in rare cases a lower size standard. financial burden for entry-level firms. industries, all industries with receipt- 2. The distribution of firms by size SBA uses nonpayroll costs per based size standards, or some other examines the proportion of industry establishment as a proxy measure for logical grouping. If the characteristics of receipts, employment or other economic start-up costs. This is derived by first a specific industry are similar to the activity accounted for by firms of calculating the percent of receipts in an average characteristics of the different sizes in an industry. If the industry that are either retained or comparison group, then the anchor size preponderance of an industry’s expended on costs other than payroll standard is considered appropriate for economic activity is by smaller firms, costs. (The figure comprising the
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numerator of this percentage is mostly SBA programs, the volume of BLM expand their contracting for these composed of capitalization costs, guaranteed loans within an industry and activities to other parts of the country. overhead costs, materials costs, and the the size of firms obtaining those loans SBA obtained size data on 15 firms. costs of goods sold or inventoried.) This is assessed to determine whether the The average firm performing Forest Fire percentage is then applied to average current size standard may restrict the Suppression and Fuels Management establishment receipts to arrive at level of financial assistance to firms in have yearly revenues of $6 million and nonpayroll costs per establishment (an that industry. If small businesses receive 164 employees. These levels are establishment is a business entity ample assistance through these significantly greater than the $950,000 operating at a single location). An programs, or if the financial assistance average revenue size and 11 employee industry with a significantly higher is provided mainly to small businesses average size of the nonmanufacturing level of nonpayroll costs per much lower than the size standard, a anchor group. These data, although establishment than that of the change to the size standard (especially, limited, indicate that firms engaged in comparison group is likely to have if it is already above the anchor size these activities tend to be greater in size higher start-up costs that would tend to standard) may not be appropriate. than the typical nonmanufacturing support a size standard higher than the Evaluation of Size Standard for the industry and a size standard well above anchor size standard. Conversely, if the Forest Fire Suppression and Fuels $6 million is supportable. industry showed a significantly lower Management and Sub-Industry: The In addition, SBA found that start up nonpayroll costs per establishment U.S. Bureau of the Census has not costs for Forest Fire Suppression and when compared to the comparison published specific data on firms Fuels Management firms are much group, the anchor size standard would engaged in Forest Fire Suppression and higher than those in the be considered the appropriate size Fuels Management since these activities nonmanufacturing anchor group. These standard. have historically been a small segment firms must invest in a variety of 4. Industry competition is assessed by of the Support Activities for Forestry equipment, purchase specialized tools measuring the proportion or share of industry. Consequently, the analysis of and safety gear, and provide specialized training to forest firefighters. The capital industry receipts obtained by firms that data collected on businesses engaged in equipment includes yarders, earth are among the largest firms in an Forest Fire Suppression and Fuels moving equipment, custom fire trucks, industry. In this proposed rule, SBA Management cannot be fully evaluated helicopters, and communication compares the proportion of industry in terms of the methodology described equipment and mobile units. Fire hoses, receipts generated by the four largest above. firms in the industry’generally referred fire-retardant clothing for their crews, To assess a size standard for Forest to as the ‘‘four-firm concentration and other fire-fighting equipment Fire Suppression and Fuels ratio’’with the average four-firm usually last no more than 18 months Management, SBA collected data from concentration ratio for industries in the and often must be replaced two or three firms in the northwestern part of the comparison groups. If a significant times a year, depending on the intensity United States. Changes in contracting proportion of economic activity within of the fire season. Furthermore, each the industry is concentrated among a for these forestry services are impacting year at the start of the fire season and few relatively large producers, SBA the entire industry, especially in the again at the time of a forest fire these tends to set a size standard relatively northwestern part of the country. firms must meet USFS certification higher than the anchor size standard to Because the Government owns a vast requirement for their equipment and fire assist firms in a broader size range to proportion of the lands in the crews. Because of the dangers and risks compete with firms that are larger and northwest, and because of the increased associated with fighting forest fires and more dominant in the industry. In emphasis on Forest Fire Suppression performing prescribed burns, these general, however, SBA does not and Fuels Management on Federal firms also incur higher insurance costs consider this to be an important factor lands, the problem of small businesses than firms in the nonmanufacturing in assessing a size standard if the four- rapidly outgrowing the size standard anchor group. These equipment costs, firm concentration ratio falls below 40 arose in these states. This issue is not training costs, and certification percent for an industry under review, limited to the Northwest, as the Federal requirements influence the size of firms while its comparison groups also Government has begun expanding it that engage in Fire Suppression and average less than 40 percent. emphasis on contracting for these Fuels Management activities and 5. Competition for Federal services to the remainder of the country. support a size standard much higher procurements and SBA Financial USFS and BLM expect similar situations than $6 million. Assistance. SBA also evaluates the to develop nationwide where small Federal procurement trends also possible impact of a size standard on its businesses may rapidly outgrow the support an increase to the current size programs to determine whether small current size standard. standard and the creation of a specific businesses defined under the existing The issue of increased contracting size standard for Forest Fire size standard are receiving a reasonable began in the northwestern part of the Suppression and Fuels Management. level of assistance. This assessment country. Although these firms represent Most Federal procurement actions most often focuses on the proportion or a limited segment of the industry, the reported in the Support Activities for share of Federal contract dollars Federal Government currently expends Forestry industry are for Forest Fire awarded to small businesses in the a large proportion its forestry contract Suppression and Fuels Management. industry in question. In general, the dollars in this part of the country. In Award dollars to small businesses in lower the share of Federal contract fiscal year 2000, 41 percent of award these industries have decreased 20 dollars awarded to small businesses in dollars for Support Activities for percent from fiscal year 1998 to fiscal an industry which receives significant Forestry were awarded to firms in the year 2000. In addition, awards to small Federal procurement revenues, the state of Oregon. SBA believes that the businesses in the Forest Fire greater is the justification for a size firms in the northwest represent the Suppression and Fuels Management standard higher than the existing one. types of firms that will engage in Fuels industry have decreased from 89 As another factor to evaluate the Management and Fire Suppression percent in fiscal year 1998 to impact of a proposed size standard on throughout the country as USFS and approximately 50 percent in fiscal year
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2000. As mentioned above, Federal SBA recognizes that firms performing other factors that may show whether a funding in this area has drastically Forest Fire Suppression and Fuels firm can exercise a controlling influence increased from $500 million in fiscal Management activities have higher on a national basis in which significant year 1999 to $1.9 billion in fiscal year capital costs because of the equipment numbers of business concerns are 2001. For fiscal year 2002, funding is and personnel training investments. In engaged. expected to top $2.2 billion. The rapid many ways, they are similar to firms in The SBA has determined that no firm drop in small business awards has the construction industry, i.e., firms in below the proposed size standard in the alarmed Federal agencies. NAICS Subsector 234, Heavy Forest Fire Suppression and Fuels BLM and the USFS are extremely Construction, having a $28.5 million Management Activities would be of a concerned that the increased Federal size standard, and firms under NAICS sufficient size to dominate its field of emphasis on forest management with its 235930, Excavation Contractors, having operation. For Forest Fire Suppression massive monetary infusion into their a $12 million size standard. Firms in and Fuels Management Services, a firm agencies, plus their growing reliance on these industries have large investments with a $15 million size standard would private industry, caused many small in capital equipment like firms in Forest generate approximately 2 percent of businesses to outgrow the current size Fire Suppression and Fuels receipts based on fiscal year 2000 standard of $6 million. These two Management. SBA believes that funding levels. These levels of market Federal agencies do not have the adopting a $12 million size standard share effectively preclude any ability for personnel to meet the increasing similar to that of Excavation Contractors a firm at or below the proposed size requirements placed upon them. They is too low because of the additional standards to exert a controlling effect on have begun to rely on the private sector mandated training investments for fire these industries. and have increased the amount of crews and fire crew chiefs. However, the Alternative Size Standards: SBA contracting for all forestry activities, $28.5 million size standard is extremely considered several alternative size mostly for Fire Suppression and Fuels high for Forest Fire Suppression and standards. One of the Fuels Management. Historically, the Fuels Management, as it would make Management industry groups contractors that performed on these nearly all firms in this industry small. recommends a $27.5 million size contracts have been small businesses. Given the uncertainty of industry data standard for Forest Fire Suppression and Fuels Management. The $27.5 As these small business contractors take provided and the fact that firms million size standard equates to the on significant amounts of new work performing Forest Fire Suppression and previous size standard for the General over a relatively short period of time, Fuels Management have rapidly Construction and Heavy Construction several contractors exceeded the $6 increasing revenues that exceed or will subsectors. [Effective February 22, 2002, million size standard and more will soon exceed $12 million, SBA is the $27.5 size standard increased to likely exceed the size standard over the proposing a $15 million size standard. $28.5 million as part of an inflation next two years. This size standard is about one-half the Heavy Construction size standard, but adjustment to SBA’s monetary size In addition, these Federal agencies, standards (see 67 FR 3041, dated along with several firms, expressed sufficiently above the Excavation Contractor’s size standard to account for January 23, 2002)]. Firms in these concern over the fact that the Forest Fire additional training and certification subsectors usually have major capital Suppression and Fuels Management costs to businesses engaged in Forest equipment investments, similar to those industry is relatively small (200 to 300 Fire Suppression and Fuels in the Fire Suppression and Fuels firms), unique, and most of this Management. Management industry. Firms involved industry’s revenues are derived from SBA recognizes how this industry is in the General and Heavy Construction Federal contracts. Firms in the developing. The structure of this subsectors are primarily responsible for northwestern part of the United States industry is Federally dependent and the an entire construction project. These point out that the Federal Government increased Government contracting for construction projects tend to be large in owns most of the land in the western these services has caused rapid growth dollar value and, because of the nature part of the country, and that USFS and in these firms. Therefore, SBA considers of construction industry, lend BLM manage this land. For most of that at the proposed $15.0 million size themselves to a substantial amount of these firms, their industry’s economic standard firms will be able to grow to subcontracting. The regulation at 13 viability relies heavily upon the actions an appropriate level without losing their CFR 125.6, as implemented under the of the Federal Government. small business status, but not to a level Federal Acquisition Regulations, 52– These circumstances strongly where a few firms would be able to 219–14, Limitation in Subcontracting reinforce the industry structure factors control a significant portion of Federal Clause, qualifying small firms are in arguing for a separate size standard contracts at the expense of other small permitted to subcontract out up to 85 for Forest Fire Suppression and Fuels businesses. percent of the cost of the contract. Management for a higher size standard Dominant in Field of Operation: Unlike these types of construction firms, higher than $6 million. Section 3(a) of the Small Business Act companies involved in Fire Suppression The considerations described above defines a small concern as one that is (1) and Fuels Management must perform support a higher size standard for Fuels independently owned and operated, (2) greater than 50 percent of the contract Management and Fire Suppression but not dominant in its field of operation costs with its own employees. These do not provide sufficient information to and (3) within detailed definitions or types of contracts do not lend indicate what range of size standards size standards established by the SBA themselves to much subcontracting and would be appropriate for these Administrator. SBA considers as part of normally have a lower dollar award activities. Therefore, SBA decided to its evaluation of a size standard whether threshold than general construction select a size standard for Forest Fire a business concern at or below a awards. In addition, by adopting a $27.5 Suppression and Fuels Management proposed size standard would be million size standard, SBA would be that is similar to the size standard for considered dominant in its field of making all but approximately 20 firms industries that perform similar activities operation. This assessment generally in the entire Support Activities for with equipment used in Forest Fires considers the market share of firms at Forestry industry small. Therefore, SBA Suppression and Fuels Management. the proposed or final size standard or decided that a $27.5 million size
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standard was too high for Fire Compliance With Executive Orders procurement preference programs for Suppression and Fuels Management. 12866, 12988, and 13132, the small businesses, 8(a) firms, small Like firms in Fire Suppression and Paperwork Reduction Act (44 U.S.C. disadvantaged businesses, and small Fuels Management, Excavation Ch. 35) and the Regulatory Flexibility businesses located in Historically Act (5 U.S.C. 601–612) Underutilized Business Zones Contractors, which have an $12 million (HUBZone), as well as those for size standard, are engaged in clearing The Office of Management and Budget contracts awarded through full and land and making substantial (OMB) has determined that the proposed rule is a ‘‘significant’’ open competition after application of investments in capital equipment. the HUBZone or small disadvantaged However, firms involved in Fire regulatory action for purposes of Executive Order 12866. Size standards business price evaluation preference or Suppression and Fuels Management adjustment. Other Federal agencies use also have the added costs of intensive determine which businesses are eligible for Federal small business programs. For SBA size standards for a variety of training and certification for crew chiefs the purpose of the Paperwork Reduction regulatory and program purposes. SBA and crews, and certification costs for Act, 44 U.S.C. Ch.35, SBA has does not have information on each of their equipment at the time of contract determined that this rule would not these uses sufficient to evaluate the award and at the time of each fire. impose new reporting or record keeping impact of size standards changes. Because of these training and requirements, other than those required However, in cases where SBA size certification costs, SBA decided that a of SBA. For purposes of Executive Order standards are not appropriate, an agency $12 million size standard was too low. 13132, SBA has determined that this may establish its own size standards with the approval of the SBA The Fuels Management group also rule does not have any federalism Administrator (see 13 CFR 121.801). recommends the 500-employee Logging implications warranting the preparation of a Federalism Assessment. For Through the assistance of these industry size standard for Forest Fire programs, small businesses may benefit Suppression and Fuels Management. purposes of Executive Order 12988, SBA has determined that this rule is by becoming more knowledgeable, SBA did not accept this stable, and competitive businesses. recommendation for two reasons. First, drafted, to the extent practicable, in accordance with the standards set forth The benefits of a size standard businesses engaged in Forest Fire and increase to a more appropriate level in that order. Our Regulatory Impact Fuels Management are not primarily would accrue to three groups: (1) Analysis follows. logging firms. A search of logging firms Businesses that benefit by gaining small registered in SBA’s PRO-Net data base Regulatory Impact Analysis business status from the proposed size standards and use small business lists only 25 businesses out of 126 that i. Is There a Need for the Regulatory assistance programs, (2) growing small are involved in Forest Fire Suppression Action? or Fuels Management Services. Of these businesses that may exceed the current 25, none had more than 100 employees. SBA is chartered to aid and assist size standards in the near future and Second, almost all firms engaged in small businesses through a variety of who will retain small business status financial, procurement, business Forest Fires Suppression and Fuels from the proposed size standards, and development, and advocacy programs. Management employ much fewer than (3) Federal agencies that award To effectively assist intended contracts under procurement programs 500 employees. SBA’s PRO-Net data beneficiaries of these programs, SBA base lists only 7 businesses that has that require small business status. must establish distinct definitions of Newly defined small businesses more than 100 employees engaged in which businesses are deemed small would benefit from SBA’s financial Forest Fire Suppression and Fuels businesses. The Small Business Act (15 programs, in particular its 7(a) Management Services. SBA is U.S.C. 632(a)) delegates to the SBA Guaranteed Loan Program. Under this concerned that a 500-employee size Administrator the responsibility for program SBA estimates that $100,000 in standard may have the effect of allowing establishing small business definitions. new Federal loan guarantees could be a few firms to grow into well- It also requires that small business made to the newly defined small established mid-sized firms at the definitions vary to reflect industry businesses. Because of the size of the expense of much smaller firms. differences. The preamble of this rule loan guarantees, most loans are made to SBA welcomes public comments on explains the approach SBA follows small businesses well below the size its proposed size standard for the Forest when analyzing a size standard for a standard. Thus, increasing the size Fire Suppression and Fuels particular industry. Based on that standard to include 50 to 60 additional Management industry. SBA is analysis, SBA believes that a size businesses will likely result in only one concerned with how the proposed size standard for Forest Fire Suppression or two small business guaranteed loans to businesses in this industry. standards may negatively impact those and Fuels Management is needed to better define small businesses engaged The newly defined small businesses qualified under the current size in these activities. would also benefit from SBA’s standards. Comments supporting an economic injury disaster loan program. alternative to the proposal, including ii. What Are the Potential Benefits and Since this program is contingent upon the option of retaining the size Costs of This Regulatory Action? the occurrence and severity of a standards at $6 million, $27.5 million or The most significant benefit to disaster, no meaningful estimate of 500-employees size standards discussed businesses obtaining small business benefits can be projected. above, should explain why the status as a result of this rule is eligibility Awards to small businesses for Forest alternative would be preferable to the for Federal small business assistance Fire Suppression and Fuels proposed size standard, and how the programs. Under this rule, Management have decreased 27 percent alternative impacts current small approximately 50 to 60 additional firms over the last three fiscal years. Small businesses. will obtain small business status and business award dollars to firms in the become eligible for these programs. Forestry Services Activities, most of These include SBA’s financial which were for Forest Fire Suppression assistance programs and Federal and Fuels Management, amounted to
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$185 million. If this rule becomes final, contracts are awarded to HUBZone and in the exercise of their government small business status would be restored SDB businesses as a result of a price functions. In a few cases, State and local to several firms that have lost small evaluation preference. However, the governments have voluntarily adopted business status because of the rapid additional costs associated with fewer SBA’s size standards for their programs growth in federal funding and bidders are likely to be minor since, as to eliminate the need to establish an contracting in this industry. SBA a matter of policy, procurements may be administrative mechanism for estimates that firms gaining small set aside for small businesses or under developing their own size standards. business status could potentially obtain the 8(a), and HUBZone Programs only if Initial Regulatory Flexibility Analysis Federal contracts worth $50 million per awards are expected to be made at fair year ($185 million × 27 percent) under and reasonable prices. Under the Regulatory Flexibility Act the small business set-aside program, The proposed size standard may have (RFA), this rule may have a significant the 8(a) and HUBZone Programs, or distributional effects among large and impact on a substantial number of small unrestricted contracts. small businesses. Although the actual entities engaged in Forest Fire Federal agencies may benefit from the outcome of the gains and losses among Suppression and Fuels Management higher size standards if the newly small and large businesses cannot be Services. As described in the above defined and expanding small businesses estimated with certainty, several trends Regulatory Impact Analysis, this rule compete for more set-aside are likely to emerge. First, a transfer of may impact small entities in two ways. procurements. The larger base of small some Federal contracts to small First, small businesses engaged in Forest businesses would likely increase businesses from large businesses. Large Fire Suppression and Fuels competition and lower the prices on set- businesses may have fewer Federal Management competing for Federal aside procurements. A large base of contract opportunities as Federal Government procurements reserved for small businesses may create an agencies decide to set aside more small business, and small disadvantaged incentive for Federal agencies to set Federal procurements for small businesses and HUBZone businesses aside more procurements, thus creating businesses. Also, some Federal contracts eligible for price preferences, may face greater opportunities for all small may be awarded to HUBZone or small greater competition from newly eligible businesses. Other than small businesses disadvantaged businesses instead of small businesses. Second, additional with small business subcontracting large businesses since those two Federal procurements for Forest Fire goals may also benefit from a larger pool categories of small businesses are Suppression and Fuels Management of small businesses by enabling them to eligible for price evaluation preferences services may be set aside for small better achieve their subcontracting goals for contracts competed on a full and business as the pool of eligible small at lower prices. No estimate of cost open basis. Similarly, currently defined businesses expands. As discussed in the savings from these contracting decisions small businesses may obtain fewer preamble, SBA estimates that firms can be made since data are not available Federal contacts due to the increased gaining small business status could to directly measure price or competitive competition from more businesses potentially obtain Federal contracts trends on Federal contracts. defined as small. This transfer may be worth $50 million. To the extent that approximately 50 to offset by a greater number of Federal The proposed size standard may affect 60 additional firms could become active procurements set aside for all small small businesses participating in in Government programs, this may businesses. The potential transfer of programs of other agencies that use SBA entail some additional administrative contracts away from large and currently size standards. As a practical matter, costs to the Federal Government defined small businesses would be SBA cannot estimate the impact of a associated with additional bidders for limited by the number of newly defined size standard change on each and every Federal small business procurement and expanding small businesses that Federal program that uses its size programs, additional firms seeking SBA were willing and able to sell to the standards. For this particular proposed guaranteed lending programs, and Federal Government. The potential rule, SBA did consult with USFS and additional firms eligible for enrollment distributional impacts of these transfers BLM regarding a possible increase to the in SBA’s PRO-Net data base program. cannot be estimated with any degree of Forest Fire Suppression and Fuels Among businesses in this group seeking precision since the data on the size of Management size standard. In cases SBA assistance, there will be some business receiving a Federal contract are where an SBA’s size standard is not additional costs associated with limited to identifying small or other- appropriate, the Small Business Act and compliance and verification of small than-small businesses. SBA’s regulations allow Federal business status and protests of small The revision to current size standard agencies to develop different size business status. These costs are likely to Forest Fire Suppression and Fuels standards with the approval of the SBA generate minimal incremental costs Management is consistent with SBA’s Administrator (13 CFR 121.902). For since mechanisms are currently in place statutory mandate to assist small purposes of a regulatory flexibility to handle these administrative businesses. This regulatory action analysis, agencies must consult with requirements. promotes the Administration’s SBA’s Office of Advocacy when The costs to the Federal Government objectives. One of SBA’s goals in developing different size standards for may be higher on some Federal support of the Administration’s their programs (13 CFR 121.902(b)(4)). contracts as a result of this rule. With objectives is to help individual small Immediately below, SBA sets forth an greater numbers of businesses defined businesses succeed through fair and initial regulatory flexibility analysis as small, Federal agencies may choose equitable access to capital and credit, (IRFA) of this proposed rule on the to set aside more contracts for Government contracts, and management Forest Fire Suppression and Fuels competition among small businesses and technical assistance. Reviewing and Management Services industry rather than using full and open modifying size standards when addressing the following questions: (1) competition. The movement from appropriate ensures that intended What is the need for and objective of the unrestricted to set-aside is likely to beneficiaries have access to small rule, (2) what is SBA’s description and result in competition among fewer business programs designed to assist estimate of the number of small entities bidders for a contract. Also, higher costs them. Size standards do not interfere to which the rule will apply, (3) what may result if additional full and open with State, local, and tribal governments is the projected reporting, record
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keeping, and other compliance known and being considered. These Support Activities for the Forestry requirements of the rule, (4) what are businesses would be eligible to seek industry. In researching firms engaged the relevant Federal rules which may available SBA assistance provided that in Forest Fire Suppression and Fuels duplicate, overlap or conflict with the they meet other program requirements. Management Services, SBA concluded proposed rule, and (5) what alternatives Based on the relative size of these that no single size standard could will allow the Agency to accomplish its firms and SBA’s knowledge of adequately define small business in the regulatory objectives while minimizing contracting in these areas, SBA whole industry. The size standard the impact on small entities? estimates that small business coverage would be either too low for Forest Fire could increase by 12 percent of total Suppression and Fuels Management (1) What Is the Need for and Objective revenues in this activity. These revenue Services or too high for other industry of the Rule? estimates were calculated from the size activities, such as forestry consulting, A separate size standard for the Forest distributions of the parent industries in timber valuation, and timber pest Fire Suppression and Fuels which Forest Fire Suppression and control. Establishing two size standards Management industry more Fuels Management service firms are for this industry would enable SBA to appropriately defines the size of presently classified. determine the most appropriate size businesses in this industry activity that In lieu of survey data on Forest Fire standard for disparate segments of the SBA believes should be eligible for Suppression and Fuels Management industry. Federal small business assistance businesses, SBA welcomes additional SBA considered maintaining the $6 programs. The significant increase in data and comments on the impact of the million size standard for Forest Fire Federal funding and the Federal proposed size standard on small Suppression and Fuels Management, Government’s increased use of businesses in this sub-industry. however as discussed in the preamble, contractors to perform these services circumstances strongly reinforce the have caused small businesses to grow (3) What Are the Projected Reporting, industry structure factors in arguing for beyond the current size standard. Other Recordkeeping, and Other Compliance a size standard higher than $6 million. small businesses are likely to outgrow Requirements of the Rule and an For the Forest Fire Suppression and the current size standard within the Estimate of the Classes of Small Entities Fuels Management sub-industry, SBA next two years. A review of the latest That Will Be Subject to the assessed the higher size standards of available industry data and information Requirements? $27.5 million and 500 employees, as on recent trends in the Forestry industry A new size standard does not impose requested by several organizations. Both provided by businesses and associations any additional reporting, record keeping size standards were viewed as too high in the Forestry industries, USFS, and or compliance requirements on small for these activities and the types of firms BLM indicate that these growing entities. Increasing size standards performing Forest Fire Suppression and businesses are relatively small and expands access to SBA programs that Fuels Management services. Almost all should continue to be eligible for small assist small businesses, but does not firms currently providing these services business programs. SBA welcomes impose a regulatory burden as they to USFS and BLM are significantly additional data and information on the neither regulate nor control business smaller than $27.5 million and 500 Forest Fire Suppression and Fuels behavior. employees. Adopting size standards at Management Services industry that may either of these levels may result in be useful in assessing the size standard (4) What Are the Relevant Federal Federal contracting being concentrated and the impact of the proposed size Rules Which May Duplicate, Overlap or among a few firms, and therefore, standard on small businesses. Conflict With the Proposed Rule? diminish opportunities for currently This proposed rule overlaps other defined small businesses. (2) What Is SBA’s Description and Federal rules that use SBA’s size SBA also considered establishing a Estimate of the Number of Small standards to define a small business. $12 million size standard for this sub- Entities to Which the Rule Will Apply? Under section 632(a)(2)(C) of the Small industry, and believed that adopting SBA estimates that 200 to 300 Business Act, unless specifically this size standard, similar to that of businesses are engaged in Forest Fire authorized by statute, Federal agencies Excavation Contractors, is too low Suppression and Fuels Management must use SBA’s size standards to define because of the additional mandated activities. These businesses come from a small business. In 1995, SBA training investments for fire crews and the Forestry and Logging Subsector, and published in the Federal Register a list fire crew chiefs. SBA found that firms Support Activities for Forestry (NAICS of statutory and regulatory size performing Forest Fire Suppression and codes 113110, 113210, 113310, and standards that identified the application Fuels Management services have rapidly 115310). As this is an emerging of SBA’s size standards as well as other increasing revenues due to these industry, SBA developed its estimate size standards used by Federal agencies requirements that in many cases will from discussions with, and information (60 FR 57988–57991, dated November soon force them to exceed the $12 provided by the USFS, BLM, and 24, 1995). SBA is not aware of any million size standard. industry groups. From these Federal rule that would duplicate or By establishing the size standard at discussions, SBA estimates conflict with establishing size $15 million, SBA will minimize the approximately 50% of these firms are standards. impact on the small businesses in this small businesses, many of which may be emerging industry. Increased Federal currently at or just below the $6.0 (5) What Alternatives Will Allow the funding and requirements have caused million threshold. If this rule were Agency To Accomplish Its Regulatory many firms to outgrow the $6 million adopted, 50 to 60 additional businesses Objectives While Minimizing the size standard, thus reducing small would be considered small as a result of Impact on Small Entities? business competition for these services. this rule. Although this may not As discussed in the preamble, SBA On the other hand, if SBA established represent a substantial number of small considered several alternative size the size standard at $28.5 million or 500 businesses, SBA is preparing an IRFA to standards and their implications on employees, almost all firms in this sub- ensure that the impact on small small businesses. First, SBA considered industry would be considered small businesses of higher size standards are retaining a single size standard for the businesses.
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SBA welcomes comments on other 121 of title 13 of the Code of Federal Elsewhere Classified)’’ to read ‘‘NAICS alternatives that minimize the impact of Regulations as follows: industry descriptions’’; this rule on small businesses and PART 121—[AMENDED] b. Under the heading ‘‘Subsector achieve the objectives of this rule. Those 115—Support Activities for Agriculture comments should describe the 1. The authority citation of part 121 and Forestry,’’ revise the entry for alternative and explain why it is 115310; and preferable to the proposed rule. continues to read as follows: Authority: 15 U.S.C. 632(a), 634(b)(6), c. Add footnote 16 to the end of the List of Subjects in 13 CFR Part 121 637(a), 644(c) and 662(5) and Sec. 304, Pub. table. Administrative practice and L. 103–403, 108 Stat. 4175, 4188. The revisions and additions read as procedure, Government procurement, follows: Government property, Grant programs— 2. In § 121.201, amend the table business. Loan programs—business, ‘‘Small Business Size Standards by § 121.201 What size standards has SBA Small businesses. NAICS Industry’’ as follows: identified by North American Industry For the reasons set forth in the a. In the middle column, revise the Classification System codes? preamble, SBA proposes to amend part heading ‘‘Description (N.E.C.=Not * * * * *
SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY
Size standards in number of em- NAICS codes NAICS industry descriptions ployees or million of dollars
******* Subsector 115—Support Activities for Agriculture and Forestry
******* 115310 ...... Support Activities for Forestry ...... $6.0 EXCEPT ...... Forest Fire Suppression and Fuels Management 16 ...... 15.0
******* Footnotes **** 16 NAICS code 115310 (support Activities for Forestry)—Forest Fire Suppression and Fuels Management, a component of Support Activities for Forestry, includes establishments which provide services to fight forest fires. These firms usually have fire-fighting crews and equipment. This component also includes Fuels Management firms that provide services to clear land of hazardous materials that would fuel forest fires. The treatments used by these firms may include prescribed fire, mechanical removal, establishing fuel breaks, thinning, pruning, and piling.
Dated: April 29, 2002. proposal would require inspecting the 9 a.m. and 3 p.m., Monday through Hector V. Barreto, tail rotor pitch change rod (change rod) Friday, except Federal holidays. Administrator. bearing and replacing the bearing if the FOR FURTHER INFORMATION CONTACT: Jim [FR Doc. 02–18112 Filed 7–18–02; 8:45 am] bearing does not meet the specified Grigg, Aviation Safety Engineer, FAA, BILLING CODE 8025–01–P tolerance. Also, this proposal would Rotorcraft Directorate, Rotorcraft require inspecting the bearing for Standards Staff, Fort Worth, Texas spalling, friction, and grinding and 76193–0110, telephone (817) 222–5490, DEPARTMENT OF TRANSPORTATION removing any unairworthy bearing. This fax (817) 222–5961. proposal is prompted by the seizure of SUPPLEMENTARY INFORMATION: Federal Aviation Administration a bearing on an ECF Model SA330 helicopter. The actions specified by this Comments Invited 14 CFR Part 39 proposed AD are intended to prevent Interested persons are invited to bearing wear, bearing seizure of the [Docket No. 2001–SW–35–AD] participate in the making of the change rod, loss of tail rotor proposed rule by submitting such RIN 2120–AA64 effectiveness, and subsequent loss of written data, views, or arguments as control of the helicopter. they may desire. Communications Airworthiness Directives; Eurocopter DATES: Comments must be received on should identify the Rules Docket France Model AS332C, AS332L, or before September 17, 2002. number and be submitted in triplicate to AS332L1, SA330F, SA330G, and ADDRESSES: Submit comments in the address specified above. All SA330J Helicopters triplicate to the Federal Aviation communications received on or before AGENCY: Federal Aviation Administration (FAA), Office of the the closing date for comments will be Administration, DOT. Regional Counsel, Southwest Region, considered before taking action on the ACTION: Notice of proposed rulemaking Attention: Rules Docket No. 2001–SW– proposed rule. The proposals contained (NPRM). 35–AD, 2601 Meacham Blvd., Room in this document may be changed in 663, Fort Worth, Texas 76137. You may light of the comments received. SUMMARY: This document proposes also send comments electronically to Comments are specifically invited on adopting a new airworthiness directive the Rules Docket at the following the overall regulatory, economic, (AD) for Eurocopter France (ECF) Model address: [email protected]. environmental, and energy aspects of AS332C, AS332L, AS332L1, SA330F, Comments may be inspected at the the proposed rule. All comments SA330G, and SA330J helicopters. This Office of the Regional Counsel between submitted will be available, both before
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and after the closing date for comments, United States. Therefore, the proposed List of Subjects in 14 CFR Part 39 in the Rules Docket for examination by AD would require the following Air transportation, Aircraft, Aviation interested persons. A report inspections initially, repetitively, and safety, Safety. summarizing each FAA-public contact before installing any tail rotor gearbox concerned with the substance of this that has been previously installed on The Proposed Amendment proposal will be filed in the Rules another helicopter and has not been Accordingly, pursuant to the Docket. inspected: authority delegated to me by the • Commenters wishing the FAA to Inspect the tail rotor spider for end Administrator, the Federal Aviation acknowledge receipt of their mailed play. Remove the change rod bearing if Administration proposes to amend part comments submitted in response to this the tail rotor spider is not within 39 of the Federal Aviation Regulations proposal must submit a self-addressed, allowable tolerances. (14 CFR part 39) as follows: stamped postcard on which the • Inspect each bearing for spalling, following statement is made: friction, grinding, damaged bearing PART 39—AIRWORTHINESS ‘‘Comments to Docket No. 2001–SW– sealing flanges, overheating at the DIRECTIVES 35–AD.’’ The postcard will be date bearing inner and outer races and the 1. The authority citation for part 39 stamped and returned to the flanges, deposits of corrosion, and continues to read as follows: commenter. shearing or wear marks on the lockwasher, and remove any Authority: 49 U.S.C. 106(g), 40113, 44701. Availability of NPRMs unairworthy bearing. § 39.13 [Amended] Any person may obtain a copy of this • If a bearing is removed, before NPRM by submitting a request to the replacing the bearing, inspect the 2. Section 39.13 is amended by FAA, Office of the Regional Counsel, change rod for visible wear marks or adding a new airworthiness directive to Southwest Region, Attention: Rules scoring on the bearing journal read as follows: Docket No. 2001–SW–35–AD, 2601 circumference. If wear marks or circular Eurocopter France: Docket No. 2001–SW– Meacham Blvd., Room 663, Fort Worth, scoring is found, repair or replace the 35–AD. Texas 76137. bearing housing. Applicability: Model AS332C, AS332L, The actions would be required to be AS332L1, SA330F, SA330G, and SA330J Discussion accomplished in accordance with the helicopters with a tail rotor pitch change rod The Direction Generale De L’Aviation service bulletins described previously. (rod) and a bearing, part number 330A33– Civile (DGAC), the airworthiness The FAA estimates that 3 helicopters 9903–20, installed, certificated in any category. authority for France, notified the FAA of U.S. registry would be affected by this that an unsafe condition may exist on proposed AD, that it would take Note 1: This AD applies to each helicopter approximately 4 work hours to inspect identified in the preceding applicability ECF Model AS332C, AS332C1, AS332L, provision, regardless of whether it has been AS332L1, SA330F, SA330G, and and replace a bearing, and that the otherwise modified, altered, or repaired in SA330J helicopters. The DGAC advises average labor rate is $60 per work hour. the area subject to the requirements of this that the pitch change rod bearing seized Required replacement parts would cost AD. For helicopters that have been modified, on a Model SA330 helicopter. approximately $120. Based on these altered, or repaired so that the performance ECF has issued Eurocopter France figures, the total cost impact of the of the requirements of this AD is affected, the Alert Service Bulletin (ASB) Nos. 05.81, proposed AD on U.S. operators is owner/operator must request approval for an Revision 2, and 05.00.29, Revision 3, estimated to be $1080, assuming one alternative method of compliance in accordance with paragraph (d) of this AD. both dated January 18, 2001, which bearing is replaced on each helicopter. The request should include an assessment of specify modifying the operational and The regulations proposed herein the effect of the modification, alteration, or bearing check procedure for the change would not have a substantial direct repair on the unsafe condition addressed by rod equipped with bearing, part number effect on the States, on the relationship this AD; and if the unsafe condition has not (P/N) 330A33–9903–20. The DGAC between the national Government and been eliminated, the request should include classified ASB No. 05.00.29, Revision 3, the States, or on the distribution of specific proposed actions to address it. dated January 18, 2001, as mandatory power and responsibilities among the Compliance: Within 20 hours time-in- and issued AD No. 1990–230–041(A) various levels of government. Therefore, service (TIS) or 1 month, whichever occurs R4, dated February 21, 2001, to ensure it is determined that this proposal first, or before installing any tail rotor would not have federalism implications gearbox previously installed on another the continued airworthiness of the ECF helicopter and not inspected within the Model AS332 helicopters in France. under Executive Order 13132. previous 250 hours TIS, unless accomplished These helicopter models are For the reasons discussed above, I previously, and thereafter at intervals not to manufactured in France and are type certify that this proposed regulation (1) exceed 250 hours TIS or 18 months, certificated for operation in the United is not a ‘‘significant regulatory action’’ whichever occurs first. States under the provisions of 14 CFR under Executive Order 12866; (2) is not To prevent bearing wear, bearing seizure of 21.29 and the applicable bilateral a ‘‘significant rule’’ under the DOT the change rod, loss of tail rotor effectiveness agreement. Pursuant to the applicable Regulatory Policies and Procedures (44 and subsequent loss of control of the FR 11034, February 26, 1979); and (3) if helicopter, accomplish the following: bilateral agreement, the DGAC has kept (a) Inspect the axial end play of the tail the FAA informed of the situation promulgated, will not have a significant rotor pitch change spider assembly in described above. The FAA has economic impact, positive or negative, accordance with the Accomplishment examined the findings of the DGAC, on a substantial number of small entities Instructions, paragraph 2.B.1. of Eurocopter reviewed all available information, and under the criteria of the Regulatory France (ECF) Alert Service Bulletin No. determined that AD action is necessary Flexibility Act. A copy of the draft 05.81, Revision 2, dated January 18, 2001 for products of these type designs that regulatory evaluation prepared for this (ASB 330) for the ECF Model 330 helicopters action is contained in the Rules Docket. or Eurocopter France Alert Service Bulletin are certificated for operation in the No. 05.00.29, Revision 3, dated January 18, United States. A copy of it may be obtained by 2001 (ASB 332) for the Model 332 This unsafe condition is likely to exist contacting the Rules Docket at the helicopters. If the axial end play is not within or develop on other helicopters of the location provided under the caption allowable tolerances, remove the rod bearing same type designs registered in the ADDRESSES. from service.
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(b) Inspect each bearing for spalling, directive (AD), applicable to all Boeing source for the fuel tank, and reduced friction, grinding, damaged bearing sealing Model 777–200 series airplanes structural integrity of the wing. flanges, overheating at the bearing inner and equipped with General Electric engines. Actions That Occurred Since the NPRM outer races and the flanges, deposits of That action would have required corrosion, and shearing or wear marks on the Was Issued lockwasher in accordance with the installation of a high-temperature silicone foam seal on the aft fairing of Since the issuance of that NPRM, one Accomplishment Instructions, paragraph operator reported significant heat 2.B.2., of ASB 330 or ASB332, as applicable. the strut. Since issuance of the NPRM, Remove from service any unairworthy the Federal Aviation Administration damage to the forward end of the bearing. (FAA) has received new information diagonal brace on an airplane that had (c) If a bearing is removed from service, that indicates that the unsafe condition the high-temperature silicone foam seal before replacing the bearing with an would not be prevented by the proposed installed. Investigation revealed that the airworthy bearing: action. Subsequently, the FAA has foam seal was not a sufficient barrier to (1) Inspect the change rod for visible wear issued new rulemaking that positively the heat of the primary engine exhaust. marks or scoring on the bearing journal Thus the exhaust entered the aft fairing circumference. If marks or scoring is found, addresses the unsafe condition identified in the NPRM and eliminates of the strut through a gap in the heat remove the change rod from service. shield, elevating the temperature and (2) Inspect the bearing housing for visible the need for the actions proposed by the wear marks or circular scoring. If wear marks NPRM. Accordingly, the proposed rule resulting in heat damage to the primary or circular scoring is found, repair or replace is withdrawn. fire seal, heat shield seal, and secondary the bearing housing in accordance with the FOR FURTHER INFORMATION CONTACT: fluid seal. The damaged seals allowed Accomplishment Instructions, paragraph Technical Information: John Vann, the exhaust to pass into the aft fairing 2.B.3., of ASB 330 or ASB 332, as applicable. Aerospace Engineer, Propulsion Branch, cavity causing heat damage to the (d) An alternative method of compliance or ANM–140S, FAA, Seattle Aircraft diagonal brace assembly. adjustment of the compliance time that As a result of this incident, the FAA Certification Office, 1601 Lind Avenue, provides an acceptable level of safety may be has determined that the unsafe SW., Renton, Washington 98055–4056; used if approved by the Manager, Regulations condition would not be prevented by Group, Rotorcraft Directorate, FAA. telephone (425) 227–1024; fax (425) the installation of the high temperature Operators shall submit their requests through 227–1181. an FAA Principal Maintenance Inspector, Other Information: Judy Golder, silicone foam seal alone, which the who may concur or comment and then send Airworthiness Directive Technical NPRM proposed to require. it to the Manager, Regulations Group. Editor/Writer; telephone (425) 687– Other Relevant Rulemaking Note 2: Information concerning the 4241, fax (425) 227–1232. Questions or On March 29, 2002, the FAA issued existence of approved alternative methods of comments may also be sent via the compliance with this AD, if any, may be AD 2002–07–07, amendment 39–12701 Internet using the following address: (67 FR 16991, April 9, 2002), applicable obtained from the Regulations Group. [email protected]. Questions or (e) Special flight permits will not be to certain Boeing Model 777–200 series comments sent via the Internet as airplanes equipped with General issued. attached electronic files must be Note 3: The subject of this AD is addressed Electric GE90 series engines. That AD formatted in Microsoft Word 97 for requires repetitive inspections of the in Direction Generale De L’Aviation Civile Windows or ASCII text. (France) AD No. 1990–230–041(A) R4, dated diagonal brace and forward seals of the February 21, 2001. SUPPLEMENTARY INFORMATION: A aft fairing of the strut to find proposal to amend part 39 of the Federal discrepancies, and corrective actions, if Issued in Fort Worth, Texas, on July 5, Aviation Regulations (14 CFR part 39) to necessary. The actions required by that 2002. add a new airworthiness directive (AD), AD are intended to prevent primary Larry M. Kelly, applicable to all Boeing Model 777–200 engine exhaust from entering the aft Acting Manager, Rotorcraft Directorate, series airplanes equipped with General fairing of the strut and elevating the Aircraft Certification Service. Electric engines, was published in the temperature, which could lead to heat [FR Doc. 02–18196 Filed 7–18–02; 8:45 am] Federal Register as a Notice of Proposed damage of the seals and diagonal brace. BILLING CODE 4910–13–P Rulemaking (NPRM) on October 30, Such damage could result in cracking 2001 (66 FR 54727). The proposed rule and fracture of the forward attachment would have required installation of a point of the diagonal brace, loss of the DEPARTMENT OF TRANSPORTATION high-temperature silicone foam seal on diagonal brace load path, and the aft fairing of the strut. That action Federal Aviation Administration consequent separation of the strut and was prompted by reports indicating engine from the airplane. that, during routine inspections of the 14 CFR Part 39 aft fairing of the strut, evidence of an FAA’s Conclusions [Docket No. 2001–NM–93–AD] elevated temperature in the interior In AD 2002–07–07, the FAA stated cavity of the aft fairing was found on that it was considering withdrawing RIN 2120–AA64 several Boeing Model 777–200 series NPRM 2001–NM–93–AD. Upon further Airworthiness Directives; Boeing airplanes equipped with General consideration, the FAA has determined Model 777–200 Series Airplanes Electric engines. The proposed actions that the unsafe condition addressed by Equipped With General Electric were intended to prevent primary that NPRM would NOT be prevented by Engines engine exhaust from entering the aft the actions that would be required by fairing of the strut, elevating the that proposed AD, but WOULD be AGENCY: Federal Aviation temperature in the aft fairing of the prevented by the actions required by AD Administration, DOT. strut, and creating a potential source of 2002–07–07. Accordingly, the proposed ACTION: Proposed rule; withdrawal. ignition, which could lead to an rule is hereby withdrawn. uncontrolled fire in the aft fairing of the Withdrawal of this NPRM constitutes SUMMARY: This action withdraws a strut. Such a fire would expose the wing only such action, and does not preclude notice of proposed rulemaking (NPRM) fuel tank to high-temperature gasses and the agency from issuing another action that proposed a new airworthiness flames and result in a potential ignition in the future, nor does it commit the
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agency to any course of action in the ADDRESSES: Submit comments in environmental, and energy aspects of future. triplicate to the Federal Aviation the proposed rule. All comments Administration (FAA), Transport submitted will be available, both before Regulatory Impact Airplane Directorate, ANM–114, and after the closing date for comments, Since this action only withdraws a Attention: Rules Docket No. 2002–NM– in the Rules Docket for examination by notice of proposed rulemaking, it is 104–AD, 1601 Lind Avenue, SW., interested persons. A report neither a proposed nor a final rule and Renton, Washington 98055–4056. summarizing each FAA-public contact therefore is not covered under Executive Comments may be inspected at this concerned with the substance of this Order 12866, the Regulatory Flexibility location between 9:00 a.m. and 3:00 proposal will be filed in the Rules Act, or DOT Regulatory Policies and p.m., Monday through Friday, except Docket. Procedures (44 FR 11034, February 26, Federal holidays. Comments may be Commenters wishing the FAA to 1979). submitted via fax to (425) 227–1232. acknowledge receipt of their comments List of Subjects in 14 CFR Part 39 Comments may also be sent via the submitted in response to this action Internet using the following address: 9- must submit a self-addressed, stamped Air transportation, Aircraft, Aviation [email protected]. Comments postcard on which the following safety, Safety. sent via fax or the Internet must contain statement is made: ‘‘Comments to The Withdrawal ‘‘Docket No. 2002–NM–104–AD’’ in the Docket Number 2002–NM–104–AD.’’ The postcard will be date stamped and Accordingly, the notice of proposed subject line and need not be submitted returned to the commenter. rulemaking, Docket 2001–NM–93–AD, in triplicate. Comments sent via the published in the Federal Register on Internet as attached electronic files must Availability of NPRMs be formatted in Microsoft Word 97 for October 30, 2001 (66 FR 54727), is Any person may obtain a copy of this withdrawn. Windows or ASCII text. The service information referenced in NPRM by submitting a request to the Issued in Renton, Washington, on July 11, the proposed rule may be obtained from FAA, Transport Airplane Directorate, 2002. Saab Aircraft AB, SAAB Aircraft ANM–114, Attention: Rules Docket No. Lirio Liu-Nelson, Product Support, S–581.88, Linko¨ping, 2002–NM–104–AD, 1601 Lind Avenue, Acting Manager, Transport Airplane Sweden. This information may be SW., Renton, Washington 98055–4056. Directorate, Aircraft Certification Service. examined at the FAA, Transport Discussion [FR Doc. 02–18200 Filed 7–18–02; 8:45 am] Airplane Directorate, 1601 Lind BILLING CODE 4910–13–P The Luftfartsverket (LFV), which is Avenue, SW., Renton, Washington. the airworthiness authority for Sweden, FOR FURTHER INFORMATION CONTACT: Dan notified the FAA that an unsafe DEPARTMENT OF TRANSPORTATION Rodina, Aerospace Engineer, condition may exist on all Saab Model International Branch, ANM–116, FAA, SAAB 2000, SAAB SF340A, and SAAB Federal Aviation Administration Transport Airplane Directorate, 1601 340B series airplanes. The LFV advises Lind Avenue, SW., Renton, Washington that operators have reported a number 14 CFR Part 39 98055–4056; telephone (425) 227–2125; of events involving incorrect airspeed fax (425) 227–1149. [Docket No. 2002–NM–104–AD] indications. A typical scenario is that, SUPPLEMENTARY INFORMATION: during descent from cruise altitude, one RIN 2120–AA64 or more airspeed indicators incorrectly Comments Invited Airworthiness Directives; Saab Model show gradually decreasing airspeed. At Interested persons are invited to lower altitudes, the correct airspeed is SAAB 2000, SAAB SF340A, and SAAB participate in the making of the 340B Series Airplanes again displayed, and on the ground, no proposed rule by submitting such faults can be found. System analysis AGENCY: Federal Aviation written data, views, or arguments as indicates that, in the scenario described Administration, DOT. they may desire. Communications shall above, a freezing temperature is present ACTION: Notice of proposed rulemaking identify the Rules Docket number and in the pitot pressure lines inside the (NPRM). be submitted in triplicate to the address pitot static tube. This condition, if not specified above. All communications corrected, could result in ice blocking SUMMARY: This document proposes the received on or before the closing date the pitot system, due to the pitot tube adoption of a new airworthiness for comments, specified above, will be not having enough heating capacity to directive (AD) that is applicable to all considered before taking action on the stay above freezing temperature, which Saab Model SAAB 2000, SAAB SF340A, proposed rule. The proposals contained could result in erroneous airspeed and SAAB 340B series airplanes. This in this action may be changed in light indications. proposal would require replacing the of the comments received. main pitot static tube on each side of the Submit comments using the following Explanation of Relevant Service airplane with a new improved pitot format: Information static tube, and installing a gasket • Organize comments issue-by-issue. Saab has issued Service Bulletin between the tube and the airplane For example, discuss a request to 2000–34–060 (for Model SAAB 2000 structure. This action is necessary to change the compliance time and a series airplanes) and Service Bulletin prevent ice from blocking the pitot request to change the service bulletin 340–34–145 (for Model SAAB SF340A system, due to the pitot tube not having reference as two separate issues. and SAAB 340B series airplanes), both enough heating capacity to stay above • For each issue, state what specific dated October 1, 2001, which describe freezing temperature, which could change to the proposed AD is being procedures for replacing the main pitot result in erroneous airspeed indications requested. static tube on each side of the airplane This action is intended to address the • Include justification (e.g., reasons or with a new improved pitot static tube identified unsafe condition. data) for each request. with increased heating. The service DATES: Comments must be received by Comments are specifically invited on bulletins also describe procedures for August 19, 2002. the overall regulatory, economic, installing a new gasket between the tube
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and the airplane structure that will rulemaking actions represent only the provision, regardless of whether it has been increase thermal insulation. time necessary to perform the specific modified, altered, or repaired in the area Accomplishment of the actions actions actually required by the AD. subject to the requirements of this AD. For specified in the service bulletins is These figures typically do not include airplanes that have been modified, altered, or intended to adequately address the incidental costs, such as the time repaired so that the performance of the identified unsafe condition. The LFV required to gain access and close up, requirements of this AD is affected, the classified these service bulletins as planning time, or time necessitated by owner/operator must request approval for an mandatory and issued Swedish other administrative actions. alternative method of compliance in airworthiness directive 1–166 (for all accordance with paragraph (c) of this AD. Model SAAB 2000 series airplanes), Regulatory Impact The request should include an assessment of dated October 1, 2001; and Swedish The regulations proposed herein the effect of the modification, alteration, or airworthiness directive 1–167 (for all would not have a substantial direct repair on the unsafe condition addressed by Model SAAB SF340A and SAAB 340B effect on the States, on the relationship this AD; and, if the unsafe condition has not series airplanes), dated October 1, 2001; between the national Government and been eliminated, the request should include in order to assure the continued the States, or on the distribution of specific proposed actions to address it. airworthiness of these airplanes in power and responsibilities among the Compliance: Required as indicated, unless Sweden. various levels of government. Therefore, accomplished previously. it is determined that this proposal To prevent ice from blocking the pitot FAA’s Conclusions would not have federalism implications system, due to the pitot tube not having These airplane models are under Executive Order 13132. enough heating capacity to stay above manufactured in Sweden and are type For the reasons discussed above, I freezing temperature, which could result in certificated for operation in the United certify that this proposed regulation (1) erroneous airspeed indications, accomplish States under the provisions of section is not a ‘‘significant regulatory action’’ the following: 21.29 of the Federal Aviation under Executive Order 12866; (2) is not Replacement Regulations (14 CFR 21.29) and the a ‘‘significant rule’’ under the DOT applicable bilateral airworthiness Regulatory Policies and Procedures (44 (a) Within 12 months from the effective agreement. Pursuant to this bilateral FR 11034, February 26, 1979); and (3) if date of this AD, replace the main pitot static tube on each side of the airplane with a new airworthiness agreement, the LFV has promulgated, will not have a significant improved pitot static tube, and install a kept the FAA informed of the situation economic impact, positive or negative, gasket between the tube and the airplane described above. The FAA has on a substantial number of small entities examined the findings of the LFV, structure; per the Accomplishment under the criteria of the Regulatory Instructions of Saab Service Bulletin 340–34– reviewed all available information, and Flexibility Act. A copy of the draft determined that AD action is necessary 145 (for Model 340A and 340B series regulatory evaluation prepared for this airplanes) or Saab Service Bulletin 2000–34– for products of this type design that are action is contained in the Rules Docket. 060 (for Model 2000 series airplanes), both certificated for operation in the United A copy of it may be obtained by dated October 1, 2001; as applicable. States. contacting the Rules Docket at the Spares Explanation of Requirements of location provided under the caption Proposed Rule ADDRESSES. (b) As of the effective date of this AD, no person shall install any static pitot tube List of Subjects in 14 CFR Part 39 Since an unsafe condition has been having part number 856ML1 or 856ML2, on identified that is likely to exist or Air transportation, Aircraft, Aviation any airplane. develop on other airplanes of the same safety, Safety. type design registered in the United Alternative Methods of Compliance States, the proposed AD would require The Proposed Amendment (c) An alternative method of compliance or accomplishment of the actions specified Accordingly, pursuant to the adjustment of the compliance time that in the service bulletin described authority delegated to me by the provides an acceptable level of safety may be previously. Administrator, the Federal Aviation used if approved by the Manager, International Branch, ANM–116, Transport Cost Impact Administration proposes to amend part 39 of the Federal Aviation Regulations Airplane Directorate, FAA. Operators shall The FAA estimates that 312 airplanes (14 CFR part 39) as follows: submit their requests through an appropriate of U.S. registry would be affected by this FAA Principal Maintenance Inspector, who proposed AD, that it would take PART 39—AIRWORTHINESS may add comments and then send it to the approximately 8 work hours per DIRECTIVES Manager, International Branch, ANM–116. airplane to accomplish the proposed Note 2: Information concerning the replacement, and that the average labor 1. The authority citation for part 39 existence of approved alternative methods of rate is $60 per work hour. Required continues to read as follows: compliance with this AD, if any, may be parts would cost approximately $13,400 Authority: 49 U.S.C. 106(g), 40113, 44701. obtained from the International Branch, per airplane. Based on these figures, the ANM–116. cost impact of the proposed AD on U.S. § 39.13 [Amended] operators is estimated to be $4,330,560, 2. Section 39.13 is amended by Special Flight Permits or $13,880 per airplane. adding the following new airworthiness (d) Special flight permits may be issued in The cost impact figure discussed directive: accordance with sections 21.197 and 21.199 above is based on assumptions that no Saab Aircraft AB: Docket 2002–NM–104– of the Federal Aviation Regulations (14 CFR operator has yet accomplished any of AD. 21.197 and 21.199) to operate the airplane to the proposed requirements of this AD Applicability: All Model SAAB 2000, a location where the requirements of this AD action, and that no operator would SAAB SF340A, and SAAB 340B series can be accomplished. accomplish those actions in the future if airplanes, certificated in any category. Note 3: The subject of this AD is addressed this proposed AD were not adopted. The Note 1: This AD applies to each airplane in Swedish airworthiness directives 1–166 cost impact figures discussed in AD identified in the preceding applicability and 1–167, both dated October 1, 2001.
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Issued in Renton, Washington, on July 11, ADDRESSES: Comments should be Why Is DEA Interested in Learning 2002. submitted to the Deputy Assistant About Chemical Mixtures Containing Lirio Liu-Nelson, Administrator, Office of Diversion GBL? Acting Manager, Transport Airplane Control, Drug Enforcement DEA is in the process of establishing Directorate, Aircraft Certification Service. Administration, Washington, DC 20537, regulations that define which chemical [FR Doc. 02–18213 Filed 7–18–02; 8:45 am] Attention: DEA Federal Register mixtures are exempt from CSA BILLING CODE 4910–13–P Representative/CCR. regulatory controls. The CSA defines the FOR FURTHER INFORMATION CONTACT: term ‘‘chemical mixture’’ as ‘‘a Frank L. Sapienza, Chief, Drug and combination of two or more chemical DEPARTMENT OF JUSTICE Chemical Evaluation Section, Office of substances, at least one of which is not Diversion Control, Drug Enforcement a List I chemical or a List II chemical, Drug Enforcement Administration except that such term does not include Administration, Washington, DC 20537; any combination of a List I chemical or Telephone (202) 307–7183. 21 CFR Part 1310 a List II chemical with another chemical SUPPLEMENTARY INFORMATION: that is present solely as an impurity.’’ [DEA–222A] The CSA further allows exemption of What Is GBL and How Is It Used? RIN 1117–AA64 chemical mixtures ‘‘based on a finding GBL is gamma-butyrolactone, an that the mixture is formulated in such Chemical Mixtures Containing gamma- important industrial chemical. It is also a way that it cannot be easily used in Butyrolactone a List I chemical used in the illicit the illicit production of a controlled substance and that the listed chemical AGENCY: Drug Enforcement production of gamma-hydroxybutric acid (GHB), a Schedule I controlled or chemicals contained in the mixture Administration (DEA), Justice. cannot be readily recovered.’’ substance (21 U.S.C. 812(c)). GBL is ACTION: Advance notice of proposed A notice of proposed rule making produced domestically in tens of rulemaking. (NPRM) regarding the exemption of thousands of tons per year. The chemical mixtures was published in the SUMMARY: The Drug Enforcement legitimate manufacturers of GBL Federal Register on September 16, 1998 Administration (DEA) is soliciting consume most of it for conversion into (63 FR 49506). The NPRM proposed information on chemical mixtures that other industrial chemicals. The regulations to identify if a chemical contain the List I chemical gamma- remaining amount is used in other mixture is automatically exempt from butyrolactone (GBL). Specifically, DEA industries with application to CSA regulatory controls. When the is interested in learning what products agriculture, electronics, textiles, NPRM was published, GBL was not a contain GBL, and what concentrations coatings, and various other areas. Pure regulated chemical. Therefore, of GBL and other chemicals are used in GBL has no household uses and is not regulations addressing the exemption of their formulations. DEA is also available for sale at the retail level. chemical mixtures containing GBL were interested in how chemical mixtures However, it may be a component in not proposed. containing GBL are packaged, some products sold at the retail level The NPRM proposed a concentration distributed, used, and their availability such as paint strippers. limit for each listed chemical. If a listed at the retail level. DEA is seeking this chemical is found in a chemical mixture How and Why Is GBL Regulated by information to help determine whether at or below the concentration limit, the DEA? there are chemical mixtures (as defined mixture is exempt. Also proposed were in 21 U.S.C. 804(40)) containing GBL GBL has been identified as the categories of exempt chemical mixtures which should be exempt from the and an application process. The regulations governing listed chemicals, principal precursor used in the clandestine manufacture of the application process is a means to pursuant to 21 U.S.C. 802(39)(A)(v). exempt chemical mixtures not Exempt chemical mixtures are those Schedule I controlled substance GHB. Public Law 106–172, the ‘‘Hillory J. automatically exempted by regulation. formulations that contain any listed These approaches were well received by chemical, but are not subject to the Farias and Samantha Reid Date-Rape Drug Prohibition Act of 1999,’’ amended the regulated industry and may be regulatory controls of the Controlled proposed to identify exempt chemical 21 U.S.C. 802(34) be designating GBL as Substances Act (CSA) that pertain to mixtures containing GBL. listed chemicals. a List I chemical. Since February 18, On September 16, 1998, DEA 2000, GBL has been subject to CSA What Is DEA Requesting in This published a notice of proposed regulatory controls. The CSA requires ANPRM? rulemaking in the Federal Register (63 that all handlers of GBL must register as To propose regulations in line with FR 49506) that proposed regulations to set forth in Title 21, Code of Federal the above approaches, DEA is interested define exempt chemical mixtures. Regulations (CFR), part 1309 and keep in learning about formulations that Because GBL was not then a listed records and make reports as set forth in contain GBL. While some formulations chemical, regulations defining potential 21 CFR part 1310. Currently, only, GBL, containing GBL have been identified, exempt chemical mixtures were not but not its chemical mixtures, is subject DEA is not aware of the entire scope of proposed. The information being to these controls. Until regulations mixtures containing GBL, including requested in this advance notice of which delineate criteria and procedures how they are used, traded, and their proposed rulemakig (ANPRM) will be for exempting specific GBL-containing chemical composition. DEA invites all used to help propose regulations to chemical mixtures are finalized, interested persons to provide the define what chemical mixtures according to 21 U.S.C. 802(39)(4)(v), Administration with any information on containing GBL may be exempt. DEA has treated GBL-containing chemical mixtures containing GBL. Both DATES: Written comments must be chemical mixtures as being exempt from quantitative and qualitative information submitted on or before September 17, the chemical regulatory requirements of is requested. If the concentration of a 2002. the CSA. chemical(s) varies in a formulation, DEA
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is interested in the range of Division (Philadelphia, PA), Bureau of Address e-mail comments to: concentrations. Also of interest is how Alcohol, Tobacco and Firearms, The [email protected]. the mixtures are packaged, distributed, Curtis Center, Suite 875, Independence FOR FURTHER INFORMATION CONTACT: type of application, and the target Square West, Philadelphia, PA 19106; Robert Holcombe, Director, Personal market (e.g., type of industry, telephone 215–597–5288 or e-mail Property Management Policy Division availability at retail, Internet sales). This [email protected]. (MTP), 202–501–3828. information will be used to propose SUPPLEMENTARY INFORMATION: regulations to exempt those chemical Correction mixtures that, according to 21 U.S.C. In proposed rule FR Doc. 02–16972, A. Background 802(39)(A)(v), are ‘‘formulated in such a beginning on page 45437 in the issue of This proposed rule updates, way that it cannot be easily used in the July 9, 2002, make the following streamlines, and clarifies FPMR part illicit production of a controlled correction. On page 45438, in the third 101–45 and moves the part into the substance and that the listed chemical column, under the Submitting Federal Management Regulation (FMR). or chemicals contained in the mixture Comments heading, correct the fourth The proposed rule is written in a plain cannot be readily recovered.’’ paragraph to read as follows: language question and answer format. Such information may be submitted to ‘‘By e-mail: Comments may be This style uses an active voice, shorter the address listed above and is submitted by e-mail to sentences, and pronouns. A question requested by September 17, 2002. [email protected]. E-mail and its answer combine to establish a Information designated as confidential comments must: rule. The employee and the agency must or proprietary will be treated (1) Contain your name, mailing follow the language contained in both accordingly. The release of confidential address, and e-mail address; the question and its answer. business information that is protected (2) Reference this notice number; and from disclosure under Exemption 4 of (3) Be legible when printed. B. Executive Order 12866 the Freedom of Information Act, 5 We will not acknowledge the receipt GSA has determined that this U.S.C. 552(b)(4), is governed by section of e-mail. We will treat comments proposed rule is not a significant rule 310(c) of the CSA (21 U.S.C. 830(c)) and submitted by e-mail as originals.’’ for the purposes of Executive Order the Department of Justice procedures set Signed: July 12, 2002. 12866 of September 30, 1993. forth in 28 CFR 16.7. William H. Foster, C. Regulatory Flexibility Act Dated: July 1, 2002. Deputy Chief, Regulations Division. This proposed rule is not required to Laura M. Nagel, [FR Doc. 02–18321 Filed 7–18–02; 8:45 am] be published in the Federal Register for Deputy Assistant Administrator, Office of BILLING CODE 4810–31–M notice and comment; therefore the Diversion Control. Regulatory Flexibility Act, 5 U.S.C. 601, [FR Doc. 02–17903 Filed 7–18–02; 8:45 am] et seq., does not apply. BILLING CODE 4410–09–M GENERAL SERVICES ADMINISTRATION D. Paperwork Reduction Act The Paperwork Reduction Act does DEPARTMENT OF THE TREASURY 41 CFR Parts 101–45 and 102–38 not apply because this proposed rule [FPMR Amendment H– ] does not impose recordkeeping or Bureau of Alcohol, Tobacco and information collection requirements, or Firearms RIN 3090–AH10 the collection of information from Sale of Personal Property offerors, contractors, or members of the 27 CFR Part 9 public which require the approval of the RIN 1512–AC62 AGENCY: Office of Governmentwide Office of Management and Budget Policy, GSA. (OMB) under 44 U.S.C. 3501, et seq. [Re: Notice No. 947] ACTION: Proposed rule. E. Small Business Regulatory Establishment of the Oak Knoll District SUMMARY: The General Services Enforcement Fairness Act Viticultural Area (2002R–046P); Administration (GSA) is revising the This proposed rule is exempt from Correction Federal Property Management Congressional review prescribed under AGENCY: Bureau of Alcohol, Tobacco Regulations (FPMR) by revising 5 U.S.C. 801 since it relates solely to and Firearms (ATF), Treasury. coverage on the sale of personal agency management and personnel. property and moving it into the Federal ACTION: Notice of proposed rulemaking; List of Subjects in 41 CFR Parts 101–45 Management Regulation (FMR). A cross- correction. and 102–38. reference is added to the FPMR to direct SUMMARY: This document corrects the readers to the coverage in the FMR. The Government property management, preamble to a proposed rule published FMR coverage is written in plain Surplus Government property. in the Federal Register of July 9, 2002. language to provide agencies with For the reasons set forth in the In Notice No. 947, Establishment of the updated regulatory material that is easy preamble, GSA proposes to amend 41 Oak Knoll District Viticultural Area, the to read and understand. CFR chapters 101 and 102 as follows: address listed for submitting comments DATES: Your comments must reach us by CHAPTER 101—[AMENDED] to the Bureau of Alcohol, Tobacco and August 19, 2002, to be considered in the 1. Part 101–45 is revised to read as Firearms by e-mail is incorrect. This formulation of a final rule. follows: notice contains the correct address for ADDRESSES: Written comments should submitting comments by e-mail. be submitted to: Rodney Lantier, PART 101–45—SALE, DATES: Comments on Notice No. 947 Regulatory Secretariat (MVP), Office of ABANDONMENT, OR DESTRUCTION must be received by September 9, 2002. Governmentwide Policy, General OF PERSONAL PROPERTY FOR FURTHER INFORMATION CONTACT: Services Administration, 1800 F Street, Joanne Brady, Specialist, Regulations NW, Washington, DC 20405. Authority: 40 U.S.C. 484 and 486(c).
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§ 101–45.000 Cross-reference to the 102–38.120 When may we sell personal Mistakes in Bids Federal Management Regulation (FMR) (41 property at fixed prices (fixed price 102–38.260 Who makes the administrative CFR chapter 102, parts 102–1 through 102– sale)? determinations regarding mistakes in 220). 102–38.125 May we sell personal property bids? For information on sale of personal at fixed prices to State agencies? 102–38.265 Must we keep records on property previously contained in this Advertising administrative determinations? 102–38.270 May a bidder protest the part, see FMR part 38 (41 CFR part 102– 102–38.130 Must we publicly advertise 38). determinations made on sales of sales of Federal personal property? personal property? CHAPTER 102—[AMENDED] 102–38.135 What constitutes a public Subpart D—Completion of Sale 2. Part 102–38 is added to subchapter advertisement? 102–38.140 What must we include in the Awards B of chapter 102 to read as follows: public notice on sale of personal property? 102–38.275 To whom do we award the PART 102–38—SALE OF PERSONAL sales contract? PROPERTY Pre-Sale Activities 102–38.280 What happens when there is no 102–38.145 Must we allow for inspection of award? Subpart A—General Provisions the personal property to be sold? Transfer of Title Sec. 102–38.150 How long is the inspection 102–38.5 What does this part cover? period? 102–38.285 How do we transfer title from 102–38.10 What is the governing authority the Government to the buyer for personal for this part? Offer To Sell property sold? 102–38.15 Who must comply with these 102–38.155 What is an offer to sell? Payments sales provisions? 102–38.160 What must be included in the 102–38.290 What types of payment may we 102–38.20 Must we follow the regulations offer to sell? accept? of this part when selling all personal 102–38.165 Are the terms and conditions in property? the offer to sell binding? Disposition of Proceeds 102–38.25 To whom do ‘‘we’’, ‘‘you’’, and Subpart C—Bids 102–38.295 May we retain sales proceeds? their variants refer? 102–38.300 What happens to the remaining 102–38.30 How do we request a deviation Buyer Eligibility portion of the proceeds if we are from the provisions of this part? 102–38.170 May we sell Federal personal authorized to retain only a portion of the Definitions property to anyone? proceeds from the sale of personal property? 102–38.35 What definitions apply to this 102–38.175 How do we find out if a person or entity has been suspended or debarred part? Disputes from doing business with the Responsibilities Government? 102–38.305 How do we handle disputes involved in the sale of Federal personal 102–38.40 Who may sell personal property? 102–38.180 May we sell Federal personal property to a Federal employee? property? 102–38.45 What are our responsibilities in 102–38.310 Are we required to use the selling personal property? 102–38.185 May we sell Federal personal property to State or local governments? Disputes clause in the sale of personal 102–38.50 What must we do when we property? suspect non-compliance with the Acceptance of Bids 102–38.315 Are we required to use the provisions of this part? 102–38.190 What is considered a Alternative Disputes Resolution for sales 102–38.55 What must we do when selling contracts? personal property? responsive bid? 102–38.60 Who is responsible for the costs 102–38.195 Must bidders use authorized Subpart E—Other Governing Statutes bid forms? of care and handling of the personal 102–38.320 Are there other statutory property before it is sold? 102–38.200 Who may accept bids? 102–38.205 Must we accept all bids? requirements governing the sale of 102–38.65 What if we are notified of a Federal personal property? Federal requirement for surplus personal 102–38.210 What happens when bids have property before the sale is complete? been rejected? Antitrust Requirements 102–38.215 When may we disclose the bid 102–38.70 May we abandon, destroy, or 102–38.325 What are the requirements results to the public? donate personal property either prior to pertaining to antitrust laws? or after trying to sell it? 102–38.220 What must we do when the highest bids received have the same bid Subpart F—Reporting Requirements Subpart B—Sales Process amount? 102–38.330 Are there any reports that we 102–38.225 What are the additional Methods of Sale must submit to GSA? requirements in the bid process? 102–38.335 Is there any additional personal 102–38.75 How may we sell personal Bid Deposits property sales information that we must property? submit to GSA? 102–38.80 Which method of sale should we 102–38.230 Is a bid deposit required to buy use? personal property? Subpart G—Sales to State and Local 102–38.235 What types of payment may we Governments Competitive Sales accept as bid deposits? 102–38.340 How may we sell personal 102–38.85 What is a sealed bid sale? 102–38.240 What happens to the deposit property to State and local governments? 102–38.90 What is a spot bid sale? bond if the bidder defaults or wants to 102–38.345 Do we have to withdraw 102–38.95 What is an auction? withdraw his/her bid? personal property advertised for public Negotiated Sales Late Bids sale if a State Agency for Surplus Property (SASP) wants to buy it? 102–38.100 What is a negotiated sale? 102–38.245 Do we consider late bids for 102–38.350 Are State and local 102–38.105 Under what conditions may we award? governments subject to the same negotiate sales of personal property? 102–38.250 How do we handle late bids payment requirements as public buyers? 102–38.110 Who approves our that are not considered? 102–38.355 Do the regulations of this part determinations to conduct negotiated apply to SASPs? sales? Modification or Withdrawal of Bids 102–38.115 What are the specific reporting 102–38.255 May we allow a bidder to Authority: 40 U.S.C. 484 and 40 U.S.C. requirements for negotiated sales? modify or withdraw a bid? 486(c).
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Subpart A—General Provisions § 102–38.25 To whom do ‘‘we’’, ‘‘you’’, and § 102–38.45 What are our responsibilities their variants refer? in selling personal property? § 102–38.5 What does this part cover? Unless otherwise indicated, use of Your responsibilities in selling This part prescribes the policies pronouns ‘‘we’’, ‘‘you’’, and their personal property are to: governing the sale of Federal personal variants throughout this part refer to the (a) Ensure the sale complies with the property, including: holding agency responsible for the sale provisions of the Property Act and (a) Surplus personal property that has of the property. regulations of this part, and any other completed all required Federal and/or applicable laws; § 102–38.30 How do we request a donation screening; and (b) Issue internal guidance to promote deviation from the provisions of this part? uniformity of sales procedures; (b) Personal property to be sold under Refer to § 102–2.60 of this chapter for (c) Assure that officials designated to the exchange/sale authority. information on how to obtain a conduct and finalize sales are Note to § 102–38.5: You must follow deviation from this part. adequately trained; additional guidelines in part 101–42 of this (d) Be accountable for the care and title for the sale of personal property that has Definitions handling of the personal property prior special handling requirements or property to its removal by the buyer; and containing hazardous materials, such as § 102–38.35 What definitions apply to this part? (e) Adjust your property and financial firearms, munitions list items (as defined in records to reflect the final disposition. § 102–36.40 of this chapter), animals, The following definitions apply to medical devices, all terrain vehicles, precious this part: § 102–38.50 What must we do when we metals, etc. Additional requirements for the Bid means a response to an offer to suspect non-compliance with the sale of aircraft and aircraft parts are provided provisions of this part? in part 101–37 of this title. sell that, if accepted, would bind the bidder to the terms and conditions of If you suspect non-compliance with the contract (including the bid price). the provisions of this part, you must: § 102–38.10 What is the governing (a) Refer any violations of the authority for this part? Bidder means any entity that is regulations in this part, or fraud, bribery Sections 203 and 205(c) of the Federal responding to or has responded to an offer to sell. or criminal collusion against the Property and Administrative Services Government to the Inspector General of Act of 1949 (40 U.S.C. 484 and 486(c)), Estimated fair market value means the your agency and/or the Attorney as amended (Property Act), provide the selling agency’s best estimate of what General, Department of Justice, authority for the regulations in this part the property would be sold for if offered Washington, DC 20530, for further governing the sale of Federal personal for public sale. investigation. You must cooperate with property. Identical bids means bids for the same and provide evidence concerning the item of property having the same total suspected violation to the investigating § 102–38.15 Who must comply with these price. sales provisions? agency assuming jurisdiction of the Personal property means any matter; and All agencies in the executive, property, except real property. For (b) Submit to GSA, Property legislative, and judicial branches of the purposes of this part, the term excludes Management Division (FBP), Government must comply with these records of the Federal Government, and Washington, DC, 20406, a report of any sales provisions, except the Senate, naval vessels of the following categories: compliance investigations concerning House of Representatives, and activities (1) Battleships; violations of these provisions. The under the direction of the Architect of (2) Cruisers; report must contain information the Capitol. (3) Aircraft carriers; concerning the noncompliance, § 102–38.20 Must we follow the regulations (4) Destroyers; and including the corrective action taken or contemplated, and, for cases referred to of this part when selling all personal (5) Submarines. property? the Department of Justice, a copy of the State Agency for Surplus Property transmittal letter. A copy of each report Generally, yes, you must follow the (SASP) means the agency designated must be submitted also to GSA, Personal regulations of this part when selling all under State law to receive Federal Property Management Policy Division personal property, however: surplus personal property for (MTP), Washington, DC 20405. (a) Materials acquired for the national distribution to eligible donees within stockpile or supplemental stockpile, or the State as provided for in subsection § 102–38.55 What must we do when selling materials or equipment acquired under 203(j) of the Property Act (40 U.S.C. personal property? section 303 of the Defense Production 484(j)). When selling personal property, you Act of 1950, as amended (50 U.S.C. State or local government means a must ensure that: App. 2093) are excepted from this part; State, territory, possession, political (a) All sales are made after publicly (b) The Maritime Administration, subdivision thereof, or tax-supported advertising for bids, except as provided Department of Transportation, has agency therein. for negotiated sales in §§ 102–38.100 through 102–38.125; and jurisdiction over the disposal of vessels Responsibilities of 1,500 gross tons or more and (b) Advertising for bids must permit determined by the Secretary to be § 102–38.40 Who may sell personal full and free competition consistent merchant vessels or capable of property? with the value and nature of the property involved. conversion to merchant use; and You may sell personal property as the (c) Sales made by the Secretary of holding agency or on behalf of another § 102–38.60 Who is responsible for the Defense pursuant to 10 U.S.C. 2576 agency when so requested, or have GSA, costs of care and handling of the personal (Sale of Surplus Military Equipment to a contractor, or another Federal agency property before it is sold? State and Local Law Enforcement and conduct the sale for you, provided that You are responsible for the care and Firefighting Agencies) are exempt from only authorized Federal officials handling costs of the personal property these provisions. approve the sale. until it is removed by the buyer or the
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buyer’s designee. When specified in the (13) Certificate of independent price submitted electronically and/or by those terms and conditions of sale, you may determinations; physically present at the sale. Normally, charge costs for storage when the buyer (14) Covenant against contingent fees; the bidder with the highest bid at the is delinquent in removing the property. (15) Limitation on Government’s close of each bidding process is liability; and awarded the property. The Government § 102–38.65 What if we are notified of a (16) Award of contract. reserves the right to reject any or all Federal requirement for surplus personal (b) When conducting and completing property before the sale is complete? bids. a sale through electronic media, the Federal agencies have first claim to required terms and conditions must be Negotiated Sales excess or surplus personal property included in your electronic sales § 102–38.100 What is a negotiated sale? reported to GSA. When a need is documentation. expressed by a Federal agency, you A negotiated sale is a sale where the must make the property available for § 102–38.80 Which method of sale should selling price is arrived at between the transfer to the maximum extent we use? seller and the buyer, subject to obtaining practicable and prior to transfer of title (a) You may use any method of sale such competition as is feasible under to the property. provided the sale is publicly advertised the circumstances. and the personal property is sold with § 102–38.105 Under what conditions may § 102–38.70 May we abandon, destroy, or full and open competition. Exceptions donate personal property either prior to or we negotiate sales of personal property? after trying to sell it? to the requirement for competitive bids for negotiated sales (including fixed You may negotiate sales of personal (a) Yes, you may abandon, destroy, or price sales) are contained in §§ 102– property when: donate personal property either prior to 38.100 through 102-38.125. You must (a) The personal property has an or after trying to sell it, but only when select the method of sale that will bring estimated fair market value of less than you have made a written determination maximum return at minimum cost, $15,000; that: considering factors such as: (1) The personal property has no (b) The disposal will be to a State, (1) Type and quantity of property; commercial value; or territory, possession, political (2) The estimated cost of continued (2) Location of property; subdivision thereof, or tax-supported (3) Potential market; care and handling would exceed the agency therein, and that the estimated (4) Cost to prepare and conduct the estimated sales proceeds. fair market value of the property and (b) In addition to the provisions in sale; other satisfactory terms of disposal are (5) Available facilities; and paragraph (a) of this section, see the obtained by negotiation; (6) Sales experience of the selling regulations at §§ 102–36.305 through (c) Bid prices after advertising are not activity. 102–36.330 of this chapter that are reasonable and re-advertising would (b) Methods of sale may include applicable to the abandonment, serve no useful purpose; sealed bid sales, spot bid sales, auctions, destruction, or donation of personal (d) Public exigency does not permit or negotiated sales and may be property in general, and excess personal any delay such as that caused by the conducted at a physical location or property in particular. time required to advertise a sale; through any electronic media that is publicly accessible. (e) The sale promotes public health, Subpart B—Sales Process safety, or national security; Methods of Sale Competitive Sales (f) The sale is in the public interest § 102–38.85 What is a sealed bid sale? under a national emergency declared by § 102–38.75 How may we sell personal the President or the Congress. This A sealed bid sale is a sale where bid property? authority may be used only with prices are kept confidential until bid (a) You may sell personal property specific lot(s) of property or for opening. Bids are submitted either upon such terms and conditions as the categories determined by the electronically or in writing according to Administrator of General Services Administrator of General Services for a formats specified by the selling agency, deems proper to promote fairness, designated period but not in excess of and all bids are held for public openness, and timeliness. In selling three months; personal property, you must document disclosure at a designated time and place. (g) Selling the property competitively the required terms and conditions of would have an adverse impact on the each sale, including, but not limited to, § 102–38.90 What is a spot bid sale? national economy, provided that the the following terms and conditions, as A spot bid sale is a sale where estimated fair market value of the applicable: property and other satisfactory terms of (1) Inspection; immediately following the offering of disposal can be obtained by negotiation, (2) Condition and location of the item or lot of property, bids are e.g., sale of large quantities of an property; examined, and awards are made or bids (3) Eligibility of bidders; rejected on the spot. Bids are either agricultural product that impact (4) Consideration of bids; submitted electronically or in writing domestic markets; or (5) Bid deposits and payments; according to formats specified by the (h) Otherwise authorized by the (6) Submission of bids; selling agency, and must not be Federal Property and Administrative (7) Bid price determination; disclosed prior to announcement of Services Act of 1949, as amended, or (8) Title; award. other law. (9) Delivery, loading, and removal of property; § 102–38.95 What is an auction? § 102–38.110 Who approves our (10) Default, returns, or refunds; An auction is a sale where the bid determinations to conduct negotiated (11) Modifications, withdrawals, or amounts of different bidders are sales? late bids; disclosed as they are submitted, The head of your agency (or his/her (12) Requirements to comply with providing bidders the option to increase designee) must approve all negotiated applicable laws and regulations; their bids if they choose. Bids are sales of personal property.
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§ 102–38.115 What are the specific § 102–38.135 What constitutes a public (c) Description of property being reporting requirements for negotiated advertisement? offered for sale; sales? Announcement of the sale using any (d) Selling agency; For negotiated sales of personal media that reaches the public and is property, you must: appropriate to the type and value of (e) Location of property; (a) In accordance with section personal property to be sold is (f) Time and place for receipt of bids; 203(e)(6) of the Property Act (40 U.S.C. considered public advertising. You may (g) Acceptable forms of bid deposits 484(e)(6)), and in advance of the sale, also distribute mailings or flyers of your and payments; and submit to the oversight committees for offer to sell to prospective purchasers on GSA in the Senate and House, mailing lists. Public notice should be (h) Terms and conditions of sale, explanatory statements for each sale by made far enough in advance of the sale including any specific restrictions and negotiation of any personal property to ensure adequate notice, and to target limitations. with an estimated fair market value in your advertising efforts toward the § 102–38.165 Are the terms and conditions excess of $15,000. You must maintain market that will provide the best return in the offer to sell binding? copies of the explanatory statements in at the lowest cost. your disposal files. No statement is Yes, the terms and conditions in the needed for negotiated sales at fixed § 102–38.140 What must we include in the offer to sell are normally incorporated price or for any sale made without public notice on sale of personal property? into the sales contract, and therefore advertising when authorized by law In the public notice, you must provide binding upon both the buyer and the other than section 203(e) of the Property information necessary for potential seller once a bid is awarded. Act; and buyers to participate in the sale, such as: (b) Report annually to GSA, Personal (a) Date, time and location of sale; Subpart C—Bids (b) General categories of property Property Management Policy Division Buyer Eligibility (MTP), Washington, DC, 20405, within being offered for sale; 60 calendar days after the close of each (c) Inspection period; § 102–38.170 May we sell Federal personal fiscal year, a listing and description of (d) Method of sale (i.e., spot bid, property to anyone? all negotiated sales of personal property sealed bid, auction); Generally, you may sell Federal with an estimated fair market value in (e) Selling agency; and personal property to anyone. However, excess of $5,000. You may submit the (f) Who to contact for additional certain persons or entities are debarred report electronically or manually (see information. or suspended from purchasing Federal § 102–38.330). Pre-Sale Activities property. You must not enter into a § 102–38.120 When may we sell personal § 102–38.145 Must we allow for inspection contract with such a person or entity property at fixed prices (fixed price sale)? of the personal property to be sold? unless your agency head or designee You may sell personal property at Yes, you must allow for an electronic responsible for the disposal action fixed prices (fixed price sale) when the or physical inspection of the personal determines that there is a compelling head of your agency determines in property to be sold. You must allow reason for such an action. writing that such sale serves the best prospective bidders sufficient time for § 102–38.175 How do we find out if a interests of the Government. You must inspection. person or entity has been suspended or publicize such sale to the extent debarred from doing business with the consistent with the value and nature of § 102–38.150 How long is the inspection Government? the property involved, and the prices period? established must reflect the estimated The length of the inspection period Refer to the List of Parties Excluded fair market value of the property. allowed depends upon whether the from Federal Procurement and Property is sold on a first-come, first- inspection is done electronically or Nonprocurement Programs to ensure served basis. You may also establish physically. You should consider such you do not solicit from or award additional terms and conditions that factors as the circumstances of sale, contracts to these persons or entities. must be met by the successful volume of property, location of the The list is available through purchaser. property, and accessibility of the sales subscription from the U.S. Government facility. Normally, you should provide Printing Office, or electronically on the § 102–38.125 May we sell personal at least 7 calendar days to ensure Internet at http://epls.arnet.gov. For property at fixed prices to State agencies? potential buyers have the opportunity to policies, procedures, and requirements Yes, before offering to the public, you perform needed inspection. for debarring/suspending a person or may offer the property at fixed prices entity from the purchase of Federal (through the State Agencies for Surplus Offer To Sell personal property, follow the Property) to any States, territories, § 102–38.155 What is an offer to sell? procedures in the Federal Acquisition possessions, political subdivisions An offer to sell is a notice listing the Regulation (FAR) subpart 9.4 (48 CFR thereof, or tax-supported agencies terms and conditions for bidding on an part 9, subpart 9.4). therein, which have expressed an upcoming sale of personal property, interest in obtaining the property. For § 102–38.180 May we sell Federal personal where prospective purchasers are additional information, see Subpart G of property to a Federal employee? advised of the requirements for a this part. responsive bid and the contractual Yes, you may sell Federal personal Advertising obligations once a bid is awarded. property to any Federal employee whose agency does not prohibit their § 102–38.130 Must we publicly advertise § 102–38.160 What must be included in the employees from purchasing such sales of Federal personal property? offer to sell? property. For purposes of this section, Yes, you must provide public notice The offer to sell must include: the term ‘‘Federal employee’’ also of your sale of personal property to (a) Sale date and time; applies to an immediate member of the permit full and open competition. (b) Method of sale; employee’s household.
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§ 102–38.185 May we sell Federal personal payment, etc.) that would make one § 102–38.250 How do we handle late bids property to State or local governments? offer more advantageous to the that are not considered? Yes, you may sell Federal personal Government. However, if you are unable Late bids that are not considered must property to State or local governments. to make a determination based on be returned to the bidder promptly. You Additional guidelines on sale to State or available information, and the must not disclose information contained local governments are contained in Government has an acceptable offer, you in returned bids. Subpart G of this part. may re-offer the property for sale, or you Modification or Withdrawal of Bids may utilize random tiebreakers to avoid Acceptance of Bids the expense of reselling the property. § 102–38.255 May we allow a bidder to § 102–38.190 What is considered a modify or withdraw a bid? responsive bid? § 102–38.225 What are the additional requirements in the bid process? (a) Yes, a bidder may modify or A responsive bid is a bid that withdraw a bid prior to the start of the complies with the terms and conditions All sales except fixed price sales must sale or the time set for the opening of of the sales offering, and satisfies the contain a certification of independent the bids. After the start of the sale, or requirements as to the method and price determination. If there is the time set for opening the bids, the timeliness of submission. Only suspicion of false certification or an bidder will not be allowed to withdraw responsive bids may be considered for indication of collusion, you must refer his/her bid. award. the matter to the Department of Justice. (b) You may consider late modifications to an otherwise successful Bid Deposits § 102–38.195 Must bidders use authorized bid at any time, but only when it makes bid forms? § 102–38.230 Is a bid deposit required to the terms of the bid more favorable to No, bidders do not have to use buy personal property? the Government. authorized bid forms; however if a bidder uses his/her own bid form to No, a bid deposit is not required to Mistakes in Bids submit a bid, the bid may be considered buy personal property. However, should you require a bid deposit to protect the § 102–38.260 Who makes the only if: administrative determinations regarding (a) The bidder accepts all the terms Government’s interest, a deposit of 20 mistakes in bids? and conditions of the offer to sell; and percent of the total amount of the bid is generally considered reasonable. The administrative procedures for (b) Award of the bid would result in handling mistakes in bids are contained a binding contract. § 102–38.235 What types of payment may in FAR part 14, subpart 14.407, § 102–38.200 Who may accept bids? we accept as bid deposits? Mistakes in Bids (48 CFR part 14). Your agency head, or his/her designee, may Authorized agency representatives In addition to the acceptable types of delegate the authority to make may accept bids for your agency. These payments in § 102–38.290, you may also administrative decisions regarding individuals should meet your agency’s accept a deposit bond. A deposit bond mistakes in bids to a central authority in requirements for approval of may be used in lieu of cash or other your agency, who must not re-delegate Government contracts. acceptable form of deposit when permitted by the offer to sell, such as this authority. § 102–38.205 Must we accept all bids? the Standard Form (SF) 150, Deposit § 102–38.265 Must we keep records on No, the Government reserves the right Bond—Individual Invitation, Sale of administrative determinations? to accept or reject any or all bids. You Government Personal Property, SF 151, Yes, you must: may reject any or all bids when such Deposit Bond—Annual, Sale of (a) Maintain records of all action is advantageous to the Government Personal Property, and SF administrative determinations made, to Government, or when it is in the public 28, Affidavit of Individual Surety. For include the pertinent facts and the interest to do so. information on how to obtain these action taken in each case. A copy of the § 102–38.210 What happens when bids forms, see § 102–2.135 of this chapter. determination must be attached to its have been rejected? § 102–38.240 What happens to the deposit corresponding contract; and You may re-offer items for which all bond if the bidder defaults or wants to (b) Provide a signed copy of any bids have been rejected at the same sale, withdraw his/her bid? related determination with the copy of if possible, or another sale. the contract you file with the (a) When a bid deposit is secured by Comptroller General. § 102–38.215 When may we disclose the a deposit bond and the bidder defaults, bid results to the public? you must issue a notice of default to the § 102–38.270 May a bidder protest the bidder and the surety company. determinations made on sales of personal You may disclose bid results to the property? public after the sales award of any item (b) When a bid deposit is secured by Yes, protests regarding the validity or or lot of property. On occasions when a deposit bond and the bidder wants to the determinations made on the sale of there is open bidding, usually at a spot withdraw his/her bid, then you should personal property may be submitted to bid sale or auction, all bids are return the deposit bond to the bidder. the Comptroller General. disclosed as they are submitted. No Late Bids information other than names will be Subpart D—Completion of Sale disclosed regarding the bidder(s). § 102–38.245 Do we consider late bids for award? Awards § 102–38.220 What must we do when the highest bids received have the same bid Consider late bids for award only § 102–38.275 To whom do we award the amount? when the bids were delivered timely to sales contract? When the highest bids received have the address specified and your agency You must award the sales contract to the same bid amount, you must consider caused the delay in delivering the bids the bidder with the highest responsive other factors of the sale (e.g., timely to the official designated to accept the bid, unless a determination is made to removal of the property, terms of bids. reject the bid under § 102–38.205.
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§ 102–38.280 What happens when there is (b) You sold property acquired with of the Alternative Disputes Resolution no award? non-appropriated funds as defined in Act of 1998 (28 U.S.C. 651 et seq.). When there is no award made, you § 102–36.40 of this chapter; may sell the personal property at (c) You sold property that was Subpart E—Other Governing Statutes another sale, or you may abandon or contractor inventory and the contract § 102–38.320 Are there other statutory destroy it pursuant to § 102–36.305 of provisions authorize the proceeds of requirements governing the sale of Federal this chapter. sale to be credited to the cost of the personal property? Transfer of Title contract or subcontract; Yes, in addition to the Property Act (d) You sold property to obtain the sale of Federal personal property is § 102–38.285 How do we transfer title from replacement property under the governed by other statutory the Government to the buyer for personal exchange/sale authority pursuant to part requirements, specifically antitrust property sold? 102–39 of this chapter; or requirements that are discussed in (a) Generally, no specific form or (e) You sold property related to waste § 102–38.325. format is designated for transferring title prevention and recycling programs, from the Government to the buyer for under the authority of Section 608 of Antitrust Requirements personal property sold. For internal Public Law 105–277 (Omnibus § 102–38.325 What are the requirements control and accountability, you must Consolidated and Emergency pertaining to antitrust laws? execute a bill of sale or another Supplemental Appropriations Act, When the sale of personal property document as evidence of transfer of title 1999, Public Law 105–277, 112 Stat. has an estimated fair market value of $3 or any other interest in Government 2681–514). Consult your General million or more, or if the sale involves personal property. You must also ensure Counsel or Chief Financial Officer for a patent, process, technique, or that the buyer submits any additional guidance on use of this authority. invention, you must notify the Attorney certifications to comply with specific General of the Department of Justice conditions and restrictions of the sale. § 102–38.300 What happens to the (b) For sales of vehicles, you must remaining portion of the proceeds if we are (DOJ) and get DOJ’s opinion as to issue to the purchaser a Standard Form authorized to retain only a portion of the whether the sale would give the buyer proceeds from the sale of personal an unfair advantage in the marketplace (SF) 97, the United States Government property? Certificate to Obtain Title to a Vehicle, and violate any antitrust laws. Include If you are authorized by law or or a SF 97A, the United States in the notification the description and another provision to retain a portion of Government Certificate to Obtain a Non- location of the property, method of sale Repairable or Salvage Certificate, as the sales proceeds to cover your direct and proposed selling price, and appropriate, as evidence of transfer of costs, you must deposit any remaining information on the proposed purchaser title. For information on how to obtain unused balance as miscellaneous and intended use of the property. You these forms, see § 102–2.135 of this receipts in the U.S. Treasury. Also, any must not complete the sale until you chapter. unused balance not applied toward the have received confirmation from the purchase of replacement property under Attorney General that the proposed Payments § 102–38.295(d) must be deposited as transaction would not violate any § 102–38.290 What types of payment may miscellaneous receipts in the U.S. antitrust laws. we accept? Treasury. Subpart F—Reporting Requirements You must adopt a payment policy that Disputes protects the Government against fraud. § 102–38.330 Are there any reports that we Acceptable payments include, but are § 102–38.305 How do we handle disputes must submit to GSA? involved in the sale of Federal personal not limited to, the following: property? Yes, there are two sales reports you (a) U.S. currency or any form of credit must submit to GSA, Personal Property First contact your Office of General instrument made payable on demand in Management Policy Division (MTP), Counsel. Further guidance can be found U.S. currency, e.g., cashier’s check, Washington, DC 20405: money order. Promissory notes and in the Contract Disputes Act of 1978, as (a) Negotiated sales report. Within 60 postdated credit instruments are not amended (41 U.S.C. 601–613), and the calendar days after the close of each acceptable. Federal Acquisition Regulation (FAR) fiscal year, you must provide GSA with (b) Irrevocable commercial letters of 48 CFR part 33. a listing and description of all credit issued by a United States bank § 102–38.310 Are we required to use the negotiated sales with an estimated fair payable to the Treasurer of the United Disputes clause in the sale of personal market value in excess of $5,000 (see States or to the Government agency property? § 102–38.115). For each negotiated sale conducting the sale. Yes, you must ensure the Disputes meeting that criterion, provide the (c) Credit or debit cards. clause contained in Federal Acquisition following: Disposition of Proceeds Regulation (FAR) 52.233–1 (48 CFR part (1) Description of the property 52) is included in all offers to sell and (including quantity and condition); § 102–38.295 May we retain sales contracts for the sale of personal (2) Acquisition cost and date (if not proceeds? property. known, estimate and so indicate); Generally, no, you may not retain (3) Estimated fair market value sales proceeds. You must deposit all § 102–38.315 Are we required to use the (including date of estimate and name of proceeds from the sale of personal Alternative Disputes Resolution for sales estimator); property as miscellaneous receipts in contracts? (4) Name and address of purchaser; the U.S. Treasury. However, you may No, you are not required to use the (5) Date of sale; retain sales proceeds if one of the Alternative (6) Gross and net sales proceeds; and following applies: Disputes Resolution (ADR) for sales (7) Justification for conducting a (a) You have statutory authority to contracts. However, you are encouraged negotiated sale. retain proceeds from sales of personal to use ADR procedures in accordance (b) Exchange/sale report. Within 90 property; with the authority and the requirements calendar days after the close of each
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fiscal year, you must provide a summary Dated: June 28, 2002. Matters To Be Discussed: In July 2001, report to GSA of transactions conducted G. Martin Wagner, the U.S. Department of Labor (DOL) under the exchange/sale authority under Associate Administrator, Office of began a new federal compensation part 102–39 of this chapter (see § 102– Governmentwide Policy. program under the Energy Employees’ 39.75). [FR Doc. 02–17495 Filed 7–18–02; 8:45 am] Occupational Illness Compensation BILLING CODE 6820–24–P Program Act (the Act). The § 102–38.335 Is there any additional compensation program serves personal property sales information that we employees of the U.S. Department of must submit to GSA? DEPARTMENT OF HEALTH AND Energy (DOE), its contractors, or Yes, you must report to GSA’s Asset HUMAN SERVICES subcontractors, and the employees of Disposition and Atomic Weapons Employers designated 42 CFR Part 83 by DOE, and survivors of these Management System (ADMS), once employees. The compensation program that capability is established, any sales Procedures for Designating Classes of covers claims for current or former information that GSA deems necessary. Employees as Members of the Special employees who developed chronic Exposure Cohort Under the Energy beryllium disease, beryllium Subpart G—Sales to State and Local Employees Occupational Illness sensitization, silicosis, or cancers Governments Compensation Program Act of 2000; associated with certain defined Meetings § 102–38.340 How may we sell personal occupational exposures occurring in the performance of duty for U.S. nuclear property to State and local governments? AGENCY: Department of Health and Human Services. weapons programs. Claims for cancer You may sell Government personal have to meet conditions related to one ACTION: property to State and local governments Proposed rule; notice of of two general requirements: either (1) through: meetings and opportunity to comment. the cancer of the employee has to be (a) Competitive sale to the public; SUMMARY: The National Institute for found to have been at least as likely as not caused by radiation doses incurred (b) Negotiated sale, through the Occupational Safety and Health (NIOSH) of the Centers for Disease by the employee in the performance of appropriate State Agency for Surplus duty for the nuclear weapons programs, Property (SASP); or Control and Prevention (CDC), announces public meetings to present or (2) the employee must be a member (c) Negotiated sale at fixed price the U.S. Department of Health and of the ‘‘Special Exposure Cohort’’ and (fixed price sale), through the Human Services (HHS) proposed rule have developed one of 22 specific appropriate SASP. (This method of sale for adding classes of employees to the cancer types, referred to as ‘‘specified can be used prior to a competitive sale Special Exposure Cohort Under the cancers.’’ to the public, if desired.) Energy Employees Occupational Illness The Act defined the initial Compensation Program Act. membership of the Special Exposure § 102–38.345 Do we have to withdraw Cohort to include qualified employees personal property advertised for public sale FOR FURTHER INFORMATION CONTACT: Larry Elliott, Executive Secretary, who worked at any of three gaseous if a State Agency for Surplus Property diffusion plants of the U.S. Department (SASP) wants to buy it? ABRWH, NIOSH, CDC, 4676 Columbia Parkway, Cincinnati, Ohio 45226, of Energy or a nuclear weapons test site No, you are not required to withdraw telephone 513/841–4498, fax 513/458– in Amchitka, Alaska. However, the Act the item from public sale if the property 7125. also allows classes of employees from has been advertised. facilities of DOE or of Atomic Weapons SUPPLEMENTARY INFORMATION: Employers to petition to be added to the § 102–38.350 Are State and local Time and Date: 7 p.m.–9 p.m., July Special Exposure Cohort. The outcome governments subject to the same payment 23, 2002. of the petitions will be decided by the requirements as public buyers? Place: Buffalo Niagara Marriott, 1340 Secretary, HHS. The procedures for Millersport Highway, Amherst, New making and deciding such petitions are Generally, yes, State and local York. Telephone: 716/689–6900. governments have the same general described in a rule (a regulation) Time and Date: 7 p.m.–9 p.m., July recently proposed by HHS for public payment requirements as other buyers, 25, 2002. and payment must be made within 30 comment (42 CFR part 83: ‘‘Procedures Place: Sharonville Convention Center, for Designating Classes of Employees as calendar days after purchase. However, 11355 Chester Road, Sharonville, Ohio. you may waive the requirement for bid Members of the Special Exposure Telephone: 513/771–7744. Cohort under the Energy Employees deposits and payments prior to removal Time and Date: 7 p.m.–9 p.m., August Occupational Illness Compensation of the property. If payment is not made 7, 2002. program Act of 2000:’’ Notice of within 30 days, you may charge simple Place: Red Lion Hotel, Richland Proposed Rulemaking; 67 FR 42962; interest at the rate established by the Hanford House, 802 George Washington June 25, 2002). The public comment Secretary of the Treasury as provided in Way, Richland, Washington. Telephone: period ends on August 26, 2002. section 12 of the Contract Disputes Act 509/943–7611. Purpose: The purpose of these public of 1978 (41 U.S.C. 611), from the date Time and Date: 7 p.m.–9 p.m., August meetings is to present and explain the of written demand for payment. 8, 2002. recent proposed rule by the HHS on Place: Espanola Senior Citizens how it would consider petitions to add § 102–38.355 Do the regulations of this Center, 735 Vietnam Veterans’ Memorial part apply to SASPs? classes of employees to the ‘‘Special Park Road, Espanola, New Mexico. Exposure Cohort’’ established under the Yes, SASPs must follow the Telephone: 505/753–9850. Energy Employees’’ Occupational regulations in this part when Status: Open to the public, limited Illness Compensation Program Act. The conducting sales on behalf of GSA of only by the space available. The meeting meetings will allow members of the Government personal property in their rooms accommodate approximately 150 public to comment in person on this custody. people. proposed regulation.
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Matters To Be Discussed: HHS staff UT. The Commission requests available for inspection and copying will give a summary presentation of the comments on a petition filed by Sierra during normal business hours in the proposed rule. The public attending Grande Broadcasting proposing the FCC Reference Information Center these meetings will have the allotment of Channel 263C1 at Elkhart, (Room CY–A257), 445 12th Street, SW., opportunity to ask questions about the Kansas, as the community’s first local Washington, DC. The complete text of HHS rule and to comment on the rule. aural transmission service. Channel this decision may also be purchased The public attending these meetings 263C1 can be allotted to Elkhart in from the Commission’s copy contractor, will also be encouraged to submit compliance with the Commission’s Qualex International, Portals II, 445 written comments to the regulatory minimum distance separation 12th Street SW, Room CY–B402, record (docket). Official transcripts of requirements at city reference Washington, DC 20554. the meetings, including all public coordinates. The coordinates for The Commission requests comments comments on the proposed rule Channel 263C1 at Elkhart are 37–00–29 on a petition filed by Sierra Grande presented orally during the meetings, North Latitude and 101–53–23 West Broadcasting proposing the allotment of will be included in the public comment Longitude. See Supplementary Channel 227C at Austin, Nevada, as the record (the ‘docket’) developed as part Information, infra. community’s first local aural of the HHS rule making. HHS will DATES: Comments must be filed on or transmission service. Channel 227C can consider comments received during the before August 26, 2002, and reply be allotted to Austin in compliance with public comment period, which comments on or before September 10, the Commission’s minimum distance concludes on August 26, 2002, before 2002. separation requirements at city reference coordinates. The coordinates issuing a final rule establishing ADDRESSES: Federal Communications for Channel 227C at Austin are 39–29– procedures for adding classes of Commission, Washington, DC 20554. In 36 North Latitude and 117–04–07 West employees to the Special Exposure addition to filing comments with the Longitude. Cohort. FCC, interested parties should serve the The Director, Management Analysis The Commission requests comments petitioner, his counsel, or consultant, as on a petition filed by Sierra Grande and Services Office, has been delegated follows: Mr. Willison H. Gormly, Sierra the authority to sign Federal Register Broadcasting proposing the allotment of Grande Broadcasting, P.O. Box 51, Des Channel 296C at Baker, Nevada, as the notices pertaining to announcements of Moines, New Mexico 88418–0051 meetings and other committee community’s first local aural (Petitioner for Elkhart, Kansas; Austin, transmission service. Channel 296C can management activities for both CDC and Baker, Battle Mountain, Eureka, and ATSDR. be allotted to Baker in compliance with Fallon, Nevada; Cimarron, New the Commission’s minimum distance Dated: July 15, 2002. Mexicao; Moab and Salina, Utah; and separation requirements at city John C. Burckhardt, Gunnison, Colorado); Ms. Katherine reference coordinates. The coordinates Acting Director, Management Analysis and Pyeatt, 6655 Aintree Circle, Dallas, for Channel 296C at Baker are 38–51–12 Services Office, Centers for Disease Control Texas 75214 (Petitioner for Eldorado North Latitude and 114–18–06 West and Prevention. and Memphis, Texas); Ms. Linda Longitude. [FR Doc. 02–18361 Filed 7–18–02; 8:45 am] Crawford, 3500 Maple Ave., #1320, The Commission requests comments Dallas, Texas 75219 (Petitioner for BILLING CODE 4163–19–P on a petition filed by Sierra Grande Channing, Ozona, and Rotan, Texas); Broadcasting proposing the allotment of Mr. Charles Crawford, 4553 Bordeaux Channel 231C at Battle Mountain, Ave., Dallas, Texas 75205 (Petitioner for FEDERAL COMMUNICATIONS Nevada, as the community’s second Escobares, Texas); Mr. Maurice Salsa, COMMISSION local FM transmission service. Channel 5615 Evergreen Valley Drive, Kingwood, 231C can be allotted to Battle Mountain 47 CFR Part 73 Texas 77345 (Petitioner for Wellington in compliance with the Commission’s and Matador, Texas; and Red Oak, minimum distance separation [DA 02–1553 et al.] Oklahoma); and Mr. David P. Garland, requirements with a site restriction of 8 1110 Hackney Street, Houston, Texas kilometers (5 miles) west to avoid a Radio Broadcasting Services; 77023 (Petitioner for Milano, Texas). Gunnison, CO; Elkhart, KS; Austin, NV; short-spacing to the licensed site of FOR FURTHER INFORMATION CONTACT: Baker, NV; Battle Mountain, NV; Station KLKO(FM), Channel 229C2 at Sharon P. McDonald, Mass Media Eureka, NV; Fallon, NV; Cimarron, NM; Elko, Nevada. The coordinates for Bureau, (202) 418–2180. Red Oak, OK; Channing, TX; Eldorado, Channel 231C at Battle Mountain are TX; Escobares, TX; Matador, TX; SUPPLEMENTARY INFORMATION: This is a 40–36–39 North Latitude and 117–01– Memphis, TX; Milano, TX; Ozona, TX; synopsis of the Commission’s Notice of 24 West Longitude. Rotan, TX; Wellington, TX; Moah, UT; Proposed Rule Making, MB Docket No. The Commission requests comments and Salina, UT 02–158, MB Docket No. 02–159, MB on a petition filed by Sierra Grande Docket No. 02–160, and MB Docket No. Broadcasting proposing the allotment of AGENCY: Federal Communications 02–161, MB Docket No. 02–162, MB Channel 300C at Eureka, Nevada, as the Commission. Docket No. 02–163, MB Docket No. 02– community’s first local aural ACTION: Proposed rule. 164, MB Docket No. 02–165, and MB transmission service. Channel 300C can Docket No. 02–166, MB Docket No. 02– be allotted to Eureka compliance with SUMMARY: This document proposes 20 167, MB Docket No. 02–168, MB Docket the Commission’s minimum distance new allotments in Gunnison, CO; No. 02–169, MB Docket No. 02–170, MB separation requirements at city Elkhart, KS; Austin, NV; Baker, NV; Docket No. 02–171, MB Docket No. 02– reference coordinates. The coordinates Battle Mountain, NV; Eureka, NV; 172, MB Docket No. 02–173, MB Docket for Channel 300C at Eureka are 39–40– Fallon, NV; Cimarron, NM; Red Oak, No. 02–174, MB Docket No. 02–175, MB 46 North Latitude and 115–57–35 West OK; Channing, TX; Eldorado, TX; Docket No. 02–176, and MB Docket No. Longitude. Escobares, TX; Matador, TX; Memphis, 02–177, adopted August 26, 2002, and The Commission requests comments TX; Milano, TX; Ozona, TX; Rotan, TX; released September 10, 2002. The full on a petition filed by Sierra Grande Wellington, TX; Moah, UT; and Salina, text of this Commission decision is Broadcasting proposing the allotment of
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Channel 297C at Fallon, Nevada, as the KORQ(FM), Channel 241C2, Winters, avoid shot-spacings to the licensed sites community’s fourth local FM Texas. for Station KGFT(FM), Channel 264C, transmission service. Channel 297C can The Commission requests comments Pueblo, Colorado, and Station KMOZ– be allotted to Fallon in compliance with on a petition filed by Linda Crawford FM, Channel 264C1, Grand Junction, the Commission’s minimum distance proposing the allotment of Channel Colorado. The coordinates for Channel separation requirements with a site 284C at Channing, Texas, as the 265C2 at Gunnison are 38–37–00 North restriction of 21.25 kilometers (113.2 community’s first local aural Latitude and 107–01–00 West miles) south east to avoid a short- transmission service. Channel 284C can Longitude. spacing to the vacant allotment site for be allotted to Channing in compliance The Commission requests comments Channel 297C at Alturas, California. The with the Commission’s minimum on a petition filed by Linda Crawford coordinates for Channel 297C at Fallon distance separation requirements with a proposing the allotment of Channel are 39–18–54 North Latitude and 118– site restriction of 38.0 kilometers (23.6 290A at Rotan, Texas, as the 38–18 West Longitude. miles) northwest to avoid short-spacings community’s first local aural The Commission requests comments to the licensed sites of Station transmission service. Channel 290A can on a petition filed by Sierra Grande KQFX(FM), Channel 282C1, Borger, be allotted to Rotan in compliance with Broadcasting proposing the allotment of Texas, and Station KLGD(FM), Channel the Commission’s minimum distance Channel 236C2 at Cimarron, New 285C1, Tulia, Texas. The coordinates for separation requirements at city Mexico, as the community’s first local Channel 284C at Channing are 35–58–15 reference coordinates. The coordinates aural transmission service. Channel North Latitude and 102–33–43 West for Channel 290A at Rotan are 32–51– 236C2 can be allotted to Cimarron in Longitude. 07 North Latitude and 100–27–55 West compliance with the Commission’s The Commission requests comments Longitude. minimum distance separation on a petition filed by Charles Crawford The Commission requests comments requirements with a site restriction of proposing the allotment of Channel on a petition filed by Maurice Salsa 0.5 kilometers (0.3 miles) south to avoid 284A at Escobares, Texas, as the proposing the allotment of Channel a short-spacing to the licensed site of community’s first local aural 248A at Wellington, Texas, as the Station KRDO–FM, Channel 236C2, transmission service. Channel 284A can community’s second local commercial be allotted to Escobares in compliance FM transmission service. Channel 248A Colorado Spring, Colorado. The with the Commission’s minimum can be allotted to Wellington in coordinates for Channel 236C2 at distance separation requirements with a compliance with the Commission’s Cimarron are 38–34–24 North Latitude site restriction of 6.8 kilometers (4.2 minimum distance separation and 109–32–57 West Longitude. miles) northeast to avoid a short-spacing requirements with a site restriction of The Commission requests comments to the licensed site of Station XHMF– 14.0 kilometers (8.7 miles) northwest to on a petition filed by Sierra Grande FM, Channel 283C, Monterrey, Mexico. avoid a short-spacing to the allotment Broadcasting proposing the allotment of The coordinates for Channel 284A at site for Channel 248C1, Archer City, Channel 234C at Moab, Utah, as the Escobares are 26–26–29 North Latitude Texas. The coordinates for Channel community’s second local FM and 98–54–14 West Longitude. Since 248A at Wellington are 34–56–51 North transmission service. Channel 246C1 Escabares is located within 320 Latitude and 100–19–10 West can be allotted to Moab in compliance kilometers (199 miles) of the U.S.- Longitude. with the Commission’s minimum Mexico border, concurrence of the The Commission requests comments distance separation requirements at city Mexican government has been on a petition filed by Maurice Salsa reference coordinates. The coordinates requested. proposing the allotment of Channel for Channel 246C1 at Moab are 38–34– The Commission requests comments 227A at Red Oak, Texas as the 24 North Latitude and 109–32–57 West on a petition filed by Linda Crawford community’s first local aural Longitude. proposing the allotment of Channel transmission service. Channel 227A can The Commission requests comments 275C3 at Ozona, Texas, as the be allotted to Red Oak in compliance on a petition filed by Sierra Grande community’s third local FM with the Commission’s minimum Broadcasting proposing the allotment of transmission service. Channel 275C3 distance separation requirements with a Channel 276C at Salina, Utah, as the can be allotted to Ozona in compliance site restriction of 12.8 kilometers (7.9 community’s first local aural with the Commission’s minimum miles) south to avoid a short-spacing to transmission service. Channel 276C can distance separation requirements at city the licensed site of Station KKNG–FM, be allotted to Salina in compliance with reference coordinates. The coordinates Channel 227C1, New Castle, Oklahoma. the Commission’s minimum distance for Channel 275C3 at Ozona are 30–42– The coordinates for Channel 227A at separation requirements at city 30 North Latitude and 101–12–06 West Red Oak are 34–50–34 North Latitude reference coordinates. The coordinates Longitude. Since Ozona is located and 95–07–42 WL West Longitude. for Channel 276C at Salina are 38–57– within 320 kilometers (199 miles) of the The Commission requests comments 28 North Latitude and 111–51–33 West U.S.-Mexican border, concurrence of the on a petition filed by Katherine Pyeatt Longitude. Mexican government has been proposing the allotment of Channel The Commission requests comments requested. 292A at Memphis, Texas, as potentially on a petition filed by Katherine Pyeatt The Commission requests comments the community’s third local FM proposing the allotment of Channel on a petition filed by Sierra Grande transmission service. Channel 292A can 241A at Eldorado, Texas, as potentially Broadcasting proposing the allotment of be allotted to Memphis in compliance the community’s fourth local FM Channel 265C2 at Gunnison, Colorado, with the Commission’s minimum transmission service. Channel 241A can as the community’s third local FM distance separation requirements at city be allotted to Eldorado in compliance transmission service. Channel 265C2 reference coordinates. The coordinates with the Commission’s minimum can be allotted to Gunnison in for Channel 292S at Memphis are 34– distance separation requirements with a compliance with the Commission’s 43–29 North Latitude and 100–32–01 site restriction of 1.4 kilometers (0.9 minimum distance separation West Longitude. miles) southwest to avoid a short- requirements with a site restriction of The Commission requests comments spacing to the licensed site of Station 11.2 kilometers (7 miles) northwest to on a petition filed by Maurice Salsa
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proposing the allotment of Channel by adding Austin, Channel 227C; by objectives of the Northeast Multispecies 227C3 at Matador, Texas, as the adding Baker, Channel 296C, by adding Fishery Management Plan (FMP). community’s first local FM transmission Channel 231C at Battle Mountain; by However, further review and service. Channel 227C3 can be allotted adding Eureka, Channel 300C; and by consultation may be necessary before a to Matador in compliance with the adding Channel 297C at Fallon. final determination is made to issue Commission’s minimum distance 5. Section 73.202(b), the Table of FM EFPs. NMFS announces that the separation requirements with a site allotments under New Mexico, is Regional Administrator proposes to restriction of. The coordinates for amended by adding Cimarron, Channel issue EFPs that would allow two vessels Channel 227C3 at Matador are 3–10–06 236C2. to conduct fishing operations otherwise North Latitude and 100–43–57 West 6. Section 73.202(b), the Table of FM restricted by the regulations governing Longitude. allotments under Okalahoma, is the fisheries of the Northeastern United The Commission requests comments amended by adding Red Oak, Channel States. EFPs would allow exemptions to on a petition filed by David P. Garland 227A. gear restrictions and to the Days-at-Sea proposing the allotment of Channel 7. Section 73.202(b), the Table of FM (DAS) requirements of the FMP. The 274A at Milano, Texas, as the Allotments under Texas, is amended by experiment proposes to compare two community’s first local aural adding by adding Channing, Channel experimental trawl net configurations transmission service. Channel 274A can 284C; by adding Channel 241A at (2c–inch (6.35–cm) diamond and 3–inch be allotted to Milano in compliance Eldorado; by adding Escobares, Channel (7.62–cm) diamond codend mesh sizes with the Commission’s minimum 284A; by adding Matador, Channel in a net with a finfish excluder device distance separation requirements with a 227C3; by adding Channel 292A at and a raised footrope with no sweep) to site restriction of 11.9 kilometers (7.4 Memphis; by adding Milano, Channel compare various dropper chain lengths miles) southwest to avoid short-spacings 274A; by adding Channel 275C3 at and locations on the footrope and to fish to the licensed sites of Station Ozona; and by adding Rotan, Channel this gear in a variety of bottom types KBRQ(FM), Channel 273C1, Hillsboro, 290A. and depths to selectively fish for Texas, and Station KTFM(FM), Channel 8. Section 73.202(b), the Table of FM whiting (Merluccius bilinearis), while 274C1, San Antonio, Texas. The Allotments under Utah, is amended by maintaining low levels of regulated coordinates for Channel 274A at Milano adding Channel 234C1 at Moab; and by Northeast multispecies bycatch. are 30–38–10 North Latitude and 96– adding Salina, Channel 276C. Regulations under the Magnuson- 57–10 West Longitude. Stevens Fishery Conservation and Federal Communications Commission. Management Act require publication of Provisions of the Regulatory John A. Karousos, Flexibility Act of 1980 do not apply to this notification to provide interested Assistant Chief, Audio Division, Media parties the opportunity to comment on this proceeding. Bureau. Members of the public should note applications for proposed EFPs. [FR Doc. 02–18251 Filed 7–18–02; 8:45 am] that from the time a Notice of Proposed DATES: Comments on this document Rule Making is issued until the matter BILLING CODE 6712–01–P must be received on or before August 5, is no longer subject to Commission 2002. consideration or court review, all ex ADDRESSES: Written comments should parte contacts are prohibited in DEPARTMENT OF COMMERCE be sent to Patricia A. Kurkul, Regional Commission proceedings, such as this Administrator, NMFS, Northeast National Oceanic and Atmospheric one, which involve channel allotments. Region, One Blackburn Drive, Administration See 47 CFR 1.1204(b) for rules Gloucester, MA 01930. Mark the outside governing permissible ex parte contacts. of the envelope ‘‘Comments on Whiting 50 CFR Part 600 For information regarding proper EFP Proposal.’’ Comments may also be filing procedures for comments, see 47 [I.D. 070802D] sent via facsimile (fax) to (978) 281– CFR 1.415 and 1.420. 9135. Magnuson-Stevens Act Provisions; List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: E. General Provisions for Domestic Martin Jaffe, Fishery Policy Analyst, Radio broadcasting. Fisheries; Application for Exempted 978–281–9272. For the reasons discussed in the Fishing Permits (EFPs) SUPPLEMENTARY INFORMATION: The Maine preamble, the Federal Communications AGENCY: National Marine Fisheries Division of Marine Resources (MEDMR) Commission proposes to amend 47 CFR Service (NMFS), National Oceanic and submitted an application for EFPs on Part 73 as follows: Atmospheric Administration (NOAA), June 14, 2002, with final revisions PART 73—RADIO BROADCAST Commerce. received on June 27, 2002. The EFPs SERVICES ACTION: Notification of a proposal for would facilitate the collection of data on EFPs to conduct experimental fishing; experimental gear performance for use 1. The authority citation for Part 73 request for comments. in addressing whiting conservation continues to read as follows: issues (juvenile whiting bycatch) and Authority: 47 U.S.C. 154, 303, 334 and 336. SUMMARY: The Administrator, Northeast reductions in regulated Northeast Region, NMFS (Regional Administrator) multispecies bycatch in the Gulf of § 73.202 [Amended] has made a preliminary determination Maine whiting fishery (Maine whiting 2. Section 73.202(b), the Table of FM that the subject exempted fishing permit fishery). MEDMR also intends to present Allotments under Colorado, is amended (EFP) application contains all the the findings of the data from the by adding Channel 265C2 at Gunnison. required information and warrants experiment to the New England Fishery 3. Section 73.202(b), the Table of FM further consideration. The Regional Management Council (Council) for its Allotments under Kansas, is amended Administrator has also made a consideration when evaluating year–4 by adding Elkhart, Channel 263C1. preliminary determination that the default measures and long-term 4. Section 73.202(b), the Table of FM activities authorized under the EFP management options for the whiting Allotments under Nevada, is amended would be consistent with the goals and resource.
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The experiment would occur within a The field work would require 276 species catch rates are low. Nonetheless, portion of the Gulf of Maine/Georges total hours of towing; 2 and one-half- the applicant expects that the average Bank Regulated Mesh Area (GOM/GB inch (6.35–cm) versus 3–inch (7.62–cm) bycatch levels would not exceed RMA), well within the Northern Shrimp codend gear trials would entail 36 total acceptable thresholds. Small Mesh Exemption Area; hours of trawling activity (6 days paired All of the paired tow trips and 25 specifically, from the shore at 44°18′ N. towing with 6 half-hour tows per day for ° ′ ° ′ percent of the remaining 24 trips would lat., 69 00 W. long., south to 43 35.3 N. each of the two vessels), followed by have an MEDMR sea sampler on board lat., 69°00′ W. long., southwesterly to 240 total hours of towing during the ° ′ ° ′ and the catch would be measured 43 00 N. lat., 70 30 W. long., then remaining sea trials (4 days each per according to NMFS sea sampling northerly to the shore at 43°21′ N. lat., month for 3 months for two vessels ° ′ methodology and recorded on NMFS 70 30 W. long. The experimental towing an average of 10 hours per day). logbooks. For all trips without a sea Projected whiting landings based on fishing area would exclude any seasonal sampler, the captain would record total MEDMR sea sampling data during July or year-round closures overlapping it in catch, catch of whiting, and catch in and August 1999 are estimated at upper time or area and would operate for 3 numbers and weight of each regulated months, from mid-July through mid- catch rates of between 18,960 lb species for each tow in a logbook October 2002. Field testing of the (8,600.11 kg) and 31,680 lb (14,369.80 supplied by MEDMR. Any sub-legal proposed gear modification through the kg) of whiting total (based upon an sized fish would be measured by the sea gear trials would take place for average catch per unit effort of between samplers and returned immediately to approximately 6 days a month from July 790 lb (358.34 kg) and 1,320 lb (598.74 the water. through mid-October 2002 to allow for kg) per trip). Lower catch rates are weather contingencies and to capture estimated at 42 lb (19.05 kg)/trip or The applicant plans to conduct public seasonal variability in target species 1,008 lb 457.22 kg) total catch for the 24 outreach meetings to present the gear distribution and abundance. gear trial trips, excluding the 12 paired research findings to the remainder of the The experiment is a continuation of, tow trips where minimal catch would be fleet that did not participate in the and intends to build on, previous gear retained. These catch levels are well experimental fishery. It is intended that studies (i.e., a gear testing component of within the possession/landing limits for the results of this gear work will be the the traditional Separator Trawl Whiting vessels using small mesh within the basis for a request to the Council for a Experimental Fishery) that tested and GOM/GB RMA. Landed catch would not Maine whiting fishery exemption within assessed gear selectivity factors exceed current restrictions, depending an appropriate area and under certain designed to address bycatch issues in on mesh size being used. Thus, the gear restrictions. the Maine whiting fishery. The main experimental gear trials are expected to EFPs would exempt two vessels from purpose of this four-phase study is as have very little incremental impact on the DAS requirements and gear follows: (1) To obtain better video the whiting resource. Participants may restrictions of the FMP found at 50 CFR footage of the gear and its interactions retain whiting and Atlantic herring part 648, subpart F. with fish and habitat (singular and (Clupea harengus) for commercial sale combined effects); (2) to compare 2 and up to the applicable landing limits. Regulations under the Magnuson- one-half-inch (6.35–cm) diamond Historically, the Maine whiting Stevens Fishery Conservation and codend mesh against 3-inch (7.62–cm) fishery, through its use of the separator Management Act require publication of diamond codend mesh, each with 2– trawl (the control gear in this this notification to provide interested inch (5.08–cm) grate bar spacings in experiment), has experienced low levels parties the opportunity to comment on combination with 42–inch (106.7–cm) of regulated multispecies bycatch. One applications for proposed EFPs. dropper chains on a raised footrope of the objectives of the experiment is to Based on the results of this EFP, this trawl net configuration; (3) to test demonstrate that the proposed gear action may lead to future rulemaking. various dropper chain configurations for combinations of separator grate, mesh Authority: 16 U.S.C. 1801 et seq. balance with the number of headrope size and raised footrope trawl floats for best net stability; and (4) to configuration can selectively fish for Dated: July 12, 2002. tow the best net configuration over a whiting, while avoiding impacts on Virginia M. Fay, variety of bottom types and depths regulated finfish species. The applicant Acting Director, Office of Sustainable under commercial conditions to ensure notes that the proportion of bycatch to Fisheries, National Marine Fisheries Service. that the net will continue to work well the total catch (percent bycatch) may [FR Doc. 02–18265 Filed 7–18–02; 8:45 am] with heavier catches. exceed acceptable levels when target BILLING CODE 3510–22–S
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Notices Federal Register Vol. 67, No. 139
Friday, July 19, 2002
This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE contains documents other than rules or proposed rules that are applicable to the Forest Service Natural Resources Conservation public. Notices of hearings and investigations, Service committee meetings, agency decisions and Siskiyou Resource Advisory rulings, delegations of authority, filing of Committee (RAC); Notice of Meeting Yellow River Watershed Structure No. petitions and applications and agency 14: Gwinnett County, GA statements of organization and functions are examples of documents appearing in this AGENCY: Forest Service, USDA. AGENCY: Natural Resources section. ACTION: Notice of meeting. Conservation Service. ACTION: Notice of a Finding of No SUMMARY: The Siskiyou Resource Significant Impact. DEPARTMENT OF AGRICULTURE Advisory Committee (RAC) will meet on SUMMARY: Pursuant to Section 102[2][c] Forest Service Tuesday, August 20, and Wednesday, of the National Environmental Policy August 21, 2002. Tuesday’s meeting is Act of 1969, the Council on Hood/Willamette Resource Advisory scheduled to begin at 10 a.m. and Environmental Quality Regulations [40 Committee conclude at approximately 5 p.m. CFR Part 1500]; and the Natural Wednesday’s meeting will begin at 8:30 Resources Conservation Service AGENCY: Forest Service, USDA a.m. and will conclude at approximately Regulations [7 CFR Part 650]; the 12 noon. The meeting will be held at the Natural Resources Conservation Service, ACTION: Action of meeting. Harbor Sanitary District Office, 16408 U.S. Department of Agriculture, gives Lower Harbor Rd., Brookings, Oregon. notice that an environmental impact SUMMARY: The Hood/Willamette The tentative agenda for August 20 statement is not being prepared for the Resource Advisory Committee (RAC) includes: (1) Review and Yellow River Watershed Structure No. will meet on Thursday, August 8, 2002. recommendation of projects for fiscal 14, Gwinnett County, Georgia. The meeting is scheduled to begin at 9 year 2003 funding and (2) Public Forum. FOR FURTHER INFORMATION CONTACT: a.m. and will conclude at approximately The public forum is tentatively Jimmy Bramblett, Water Resources 4 p.m. The meeting will be held at the scheduled to begin at 11 a.m. Time Specialist, Natural Resources Salem Office of the Bureau of Lane allotted for individual presentations Conservation Service, Federal Building, Management Office; 1717 Fabry Road will be limited to 3–4 minutes. The 355 East Hancock Avenue, Athens, SE; Salem, Oregon; (503) 375–5646. The tentative agenda for August 21 includes: Georgia 30601, Telephone (706) 546– tentative agenda includes: (1) Report on (1) Review and recommendation of 2073, E-Mail status of 2002 projects; (2) projects for fiscal year 2003 funding (2) jimmy,[email protected]. Recommendations on 2003 Projects; and Public Forum. The public forum is SUPPLEMENTARY INFORMATION: The (3) Public Forum. tentatively scheduled to begin at 9 a.m. Environmental Assessment of this The Public Forum is tentatively Time allotted for individual federally assisted action indicates that scheduled to begin at 9:30 p.m. Time presentations will be limited to 3–4 the project will not cause significant allotted for individual presentations minutes. Written comments are local, regional, or national impacts on will be limited to 3–4 minutes. Written encouraged particularly if the material the environment. As a result of these comments are encouraged; particularly cannot be presented within the time findings, Leonard Jordan, State if the material cannot be presented limits for the public forum. Written Conservationist, has determined that the within the time limits for the Public comments may be submitted prior to the preparation and review of an environmental impact statement is not Forum. Written comments may be August 20 and 21 meetings by sending submitted prior to the August 8th needed for this project. them to the Designated Federal Official, The project purpose is continued meeting by sending them to Designated Tom Reilly at the address given below. Federal Official Donna Short at the flood prevention. The planned works of improvement include upgrading an address given below. FOR FURTHER INFORMATION CONTACT: Designated Federal Official Tom Reilly; existing floodwater retarding structure. FOR FURTHER INFORMATION CONTACT: For Rogue and Siskiyou National Forests; The Notice of a Finding of No more information regarding this P.O. Box 520, Medford, Oregon 97501; Significant Impact [FONSI] has been meeting, contact Designated Federal (541) 858–2200. forwarded to the U.S. Environmental Official Donna Short; Sweet Home Protection Agency and to various Ranger District; 3225 Highway 20; Dated: July 15, 2002. Federal, States, and local agencies and Sweet Home, Oregon 97386; (541) 367– Tom Reilly, interest parties. A limited number of the 9220. Acting Forest Supervisor, Rogue River and FONSI are available to fill single copy Siskiyou National Forests. requests at the above address. Basic data Dated: July 10, 2002. [FR Doc. 02–18238 Filed 7–18–02; 8:45 am] developed during the environmental Y. Robert Iwamoto, BILLING CODE 3410–11–M assessment are on file and may be Acting Forest Supervisor. reviewed by contacting Jimmy [FR Doc. 02–18201 Filed 7–18–02; 8:45 am] Bramblett at the above number. BILLING CODE 3410–11–M No administrative action on implementation of the proposal will be
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taken until 30 days after the date of this criteria. This will essentially eliminate planning term, technical advisory, and publication in the Federal Register. the risk to loss of life for individuals in public meetings. [This activity is listed in the Catalog of 45 homes, 2 businesses, 2 recreational An Interdisciplinary Planning Team Federal Domestic Assistance under 10.904, facilities, and 5 roads [7 bridges] provided for the ‘‘technical’’ Watershed Protection and Flood Prevention, downstream. Additional effects will administration of this project. Technical and is subject to the provisions of Executive include continued protection against administration includes tasks pursuant Order 12373, which requires inter- flooding, continued water quality to the NRCS nine-step planning process, government consultation with State and local benefits, continued fishing activities, and planning procedures outlined in the officials]. continued recreational opportunities, NRCS–National Planning Procedures Leonard Jordan, protected land values, protected road Handbook. Examples of tasks completed State Conservationist. and utility networks, and reduced by the Planning Team include, but are maintenance costs for public Introduction not limited to, Preliminary infrastructure. Investigations, Hydrologic Analysis, The Yellow River Watershed is a Wildlife habitat will not be disturbed Reservoir Sedimentation Surveys, federally assisted action authorized for during installation activities. No Economic Analysis, Formulating and planning under Public Law 106–472, wetlands, wildlife habitat, fisheries, Evaluating Alternatives, and Writing the Small Watershed Rehabilitation Act, prime farmland, or cultural resources and Watershed Plan—Environmental which amends Public Law 83–566, the will be destroyed or threatened by this Assessment. Data collected from partner Watershed Protection and Flood project. Some 25 acres of wetland and agencies, databases, landowners, and Prevention Act. An environmental wetland type wildlife habitat will be others throughout the entire planning assessment was undertaken in preserved. Fishery habitats will also be process, were evaluated at Planning conjunction with development of the maintained. Team meetings held on 1/27/02, 2/14/ watershed plan. This assessment was No endangered or threatened plant or 02, 2/27/02, 3/20/02, 5/29/02, 6/12/02, conducted in consultation with local, animal species will be adversely and 6/26/02. Informal discussions State, and Federal agencies as well as affected by the project. amongst planning team members, with interested organizations and There are no wilderness areas in the partner agencies, and landowners were individuals. Data developed during the watershed. conducted throughout the entire assessment are available for public Scenic values will be complemented planning period. review at the following location: U.S. with improved riparian quality and A Technical Advisory Group was Department of Agriculture, Natural cover conditions resulting from the developed to aid the Planning Team Resources Conservation Service, 355 installation of conservation animal with the planning process. The East Hancock Avenue, Athens, Georgia waste management system and grazing following agencies were involved in 30601. land practices. developing this plan and provided Recommended Action Alternatives representation on the Technical Advisory Group: This document describes a plan for Seven alternative plans of action were considered in project planning. No • Gwinnett County Government upgrading an existing floodwater • retarding structure, Yellow River significant adverse environmental Gwinnett County Soil and Water impacts are anticipated from installation Conservation Districts Watershed Structure No. 14 [Y–14], to • meet current dam safety criteria in of the selected alternative. Also, the Georgia Department of Natural Georgia. The plan calls for construction planned action is the most practical, Resources, Environmental Protection complete, and acceptable means of Division [EPD], Safe Dams Program of a roller-compacted concrete • emergency spillway over the top of an protecting life and property of Georgia Department of Natural existing earthen embankment. Works of downstream residents. Resources, Wildlife Resources improvement will be accomplished by Division [WRD], Game and Fisheries Consultation—Public Participation Section providing financial and technical • assistance through an eligible local Original sponsoring organizations United States Environmental include the Gwinnett County Protection Agency [EPA], Region IV sponsor. • The principal project measures are to: Government, Gwinnett County Soil and USDA, Natural Resources 1. Construct a roller-compacted Water Conservation District, and the Conservation Service [NRCS] concrete emergency spillway over the Upper Ocmulgee River Resource • USDA, Fish and Wildlife Service top of an existing earthen embankment. Conservation and Development Council. [F&WS] This constructed emergency spillway is At the initiation of the planning process, • US Army Corps of Engineers [COE] designed to bring the existing dam into meetings were held with representatives A meeting and field tour with the compliance with current dam safety of the original sponsoring organizations Technical Advisory Group was held on criteria in Georgia. The current to ascertain their interest and concerns February 27, 2002 to assess proposed emergency spillway will be removed regarding the Yellow River Watershed. measures and their potential impact on from service by constructing a berm Gwinnett County agreed to serve as resources of concern. A review of from material excavated on the existing ‘‘lead sponsor’’ being responsible for National Environmental Policy Act embankment. leading the planning process with [NEPA] concerns was initiated at this 2. The measures will be planned and assistance from NRCS. As lead sponsor meeting. Effects of proposed measures installed by developing a contract with they also agreed to provide non-federal on NEPA concerns reviewed were the current operator of the dam. cost-share, property rights, operation documented. Additional field tours and maintenance, and public were held with the COE on March 11, Effects of Recommended Action participation during, and beyond, the 2002 to determine the most efficient 404 Installing a roller-compacted planning process. Meetings with the permitting process. emergency spillway will bring Yellow project sponsors were held throughout Suzanne Kenyon, Cultural Resources River Watershed Structure No. 14 into the planning process, and project Specialist with the NRCS-National compliance with current dam safety sponsors provided representation at Water Management Center, visited the
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project site in the fall of 2001. She SUMMARY: The Committee is proposing Services provided a methodology for considering to add to the Procurement List a product Service Type/Location: Administrative culturally significant resources, which and services to be furnished by Services, Federal Trade Commission, was followed in this planning process. nonprofit agencies employing persons Washington, DC. An inventory of the watershed, and who are blind or have other severe NPA: Sheltered Occupational Center of associated downstream impacted area disabilities. Northern Virginia, Inc., Arlington, Virginia. was completed with no culturally Comments Must be Received on or Contract Activity: Federal Trade Before: August 18, 2002. Commission, Washington, DC. important or archaeological sites noted. Service Type/Location: Janitorial/Custodial, The area of potential effect was ADDRESSES: Committee for Purchase Building 2155, Fort Polk, Louisiana. provided to the Georgia State Historic From People Who Are Blind or Severely NPA: Vernon Sheltered Workshop, Leesville, Preservation Office with passive Disabled, Jefferson Plaza 2, Suite 10800, Louisiana. concurrence provided. 1421 Jefferson Davis Highway, Contract Activity: Directorate of Contracting, Arlington, Virginia 22202–3259. Fort Polk, Louisiana. Public Participation FOR FURTHER INFORMATION CONTACT: Service Type/Location: Mattress Resizing, A public meeting was held on March Sheryl D. Kennerly, (703) 603–7740 Defense Supply Center—Philadelphia, Philadelphia, Pennsylvania. 20, 2002 to explain the Small Watershed SUPPLEMENTARY INFORMATION: This Rehabilitation Program and to scope NPA: L.C. Industries For The Blind, Inc., notice is published pursuant to 41 U.S.C Durham, North Carolina. resource problems, issues, and concerns 47(a)(2) and 41 CFR 51–2.3. Its purpose Contract Activity: Defense Supply Center— of local residents associated with the Y– is to provide interested persons an Philadelphia, Philadelphia, Pennsylvania. 14 project area. Potential alternative opportunity to submit comments on the G. John Heyer, solutions to bring Y–14 into compliance possible impact of the proposed actions. with current dam safety criteria were If the Committee approves the General Counsel. also presented. Through a voting proposed additions, the entities of the [FR Doc. 02–18275 Filed 7–18–02; 8:45 am] process, meeting participants provided Federal Government identified in the BILLING CODE 6353–01–P input on issues and concerns to be notice for each product or service will considered in the planning process, and be required to procure the product and identified the most socially acceptable services listed below from nonprofit COMMITTEE FOR PURCHASE FROM alternative solution. agencies employing persons who are PEOPLE WHO ARE BLIND OR A second public meeting was held on blind or have other severe disabilities. SEVERELY DISABLED June 26, 2002 to summarize planning I certify that the following action will accomplishments, convey results of the not have a significant impact on a Procurement List; Additions reservoir sedimentation survey, and substantial number of small entities. AGENCY: Committee for Purchase from present various structural alternatives. The major factors considered for this People Who Are Blind or Severely The roller compacted concrete certification were: Disabled. alternative was identified as the most 1. If approved, the action will not ACTION: Additions to Procurement List. complete, acceptable, efficient, and result in any additional reporting, effective plan for the watershed. recordkeeping or other compliance SUMMARY: This action adds to the requirements for small entities other Conclusion Procurement List services to be than the small organizations that will furnished by nonprofit agencies The Environmental Assessment furnish the product and services to the employing persons who are blind or summarized above indicates that this Government. have other severe disabilities. Federal action will not cause significant 2. If approved, the action will result EFFECTIVE DATE: August 18, 2002. adverse local, regional or national in authorizing small entities to furnish ADDRESSES: Committee for Purchase impacts on the environment. Therefore, the product and services to the From People Who Are Blind or Severely based on the above finding, I have Government. Disabled, Jefferson Plaza 2, Suite 10800, determined that an environmental 3. There are no known regulatory 1421 Jefferson Davis Highway, impact statement for the recommended alternatives which would accomplish Arlington, Virginia 22202–3259. plan of action on Yellow River the objectives of the Javits-Wagner- Watershed Structure No. 14 is not O’Day Act (41 U.S.C. 46–48c) in FOR FURTHER INFORMATION CONTACT: required. connection with the product and Sheryl D. Kennerly, (703) 603–7740 SUPPLEMENTARY INFORMATION: On May Dated: July 8, 2002. services proposed for addition to the Procurement List. Comments on this 31, 2002, the Committee for Purchase Leonard Jordan, certification are invited. Commenters From People Who Are Blind or Severely State Conservationist. should identify the statement(s) Disabled published notice (67 FR 38066) [FR Doc. 02–18228 Filed 7–18–02; 8:45 am] underlying the certification on which of proposed additions to the BILLING CODE 3410–16–M they are providing additional Procurement List. After consideration of information. the material presented to it concerning The following product and services capability of qualified nonprofit COMMITTEE FOR PURCHASE FROM are proposed for addition to agencies to provide the services and PEOPLE WHO ARE BLIND OR Procurement List for production by the impact of the additions on the current SEVERELY DISABLED nonprofit agencies listed: or most recent contractors, the Committee has determined that the Product Procurement List; Proposed Additions services listed below are suitable for Product/NSN: Case, Crash Rescue Kit, 4210– procurement by the Federal Government AGENCY: Committee for Purchase from 00–NSH–0001. People Who Are Blind or Severely NPA: Development Workshop, Inc., Idaho under 41 U.S.C. 46–48c and 41 CFR 51– Disabled. Falls, Idaho. 2.4. I certify that the following action will ACTION: Proposed additions to Contract Activity: Bureau of Land not have a significant impact on a Procurement List. Management, NIFS, Boise, Idaho, Boise, Idaho. substantial number of small entities.
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The major factors considered for this Manning at (202) 482–5253, Office of issued a preliminary decision on the certification were: AD/CVD Enforcement IV, Group II, remaining 75 scope exclusion requests 1. The action will not result in any Import Administration, International filed in a number of the on-going cold- additional reporting, recordkeeping or Trade Administration, U.S. Department rolled steel investigations (see the June other compliance requirements for small of Commerce, 14th Street and 13, 2002, memorandum regarding entities other than the small Constitution Avenue, NW., Washington, ‘‘Preliminary Scope Rulings in the organizations that will furnish the DC 20230. Antidumping Investigations on Certain Cold-Rolled Carbon Steel Flat Products services to the Government. The Applicable Statute and Regulations 2. The action will result in from Argentina, Australia, Belgium, authorizing small entities to furnish the Unless otherwise indicated, all Brazil, France, Germany, India, Japan, services to the Government. citations to the statute are references to Korea, the Netherlands, New Zealand, 3. There are no known regulatory the provisions effective January 1, 1995, the People’s Republic of China, the alternatives which would accomplish the effective date of the amendments Russian Federation, South Africa, the objectives of the Javits-Wagner- made to the Tariff Act of 1930 (the Act) Spain, Sweden, Taiwan, Thailand, O’Day Act (41 U.S.C. 46–48c) in by the Uruguay Round Agreements Act Turkey, and Venezuela, and in the connection with the services proposed (URAA). In addition, unless otherwise Countervailing Duty Investigations of for addition to the Procurement List. indicated, all citations to the Certain Cold-Rolled Carbon Steel Flat Accordingly, the following services Department of Commerce (Department) Products from Argentina, Brazil, France, are added to the Procurement List: regulations are to the regulations at 19 and Korea’’ (Preliminary Scope Rulings), CFR part 351 (April 2001). which is on file in the Central Records Services Final Determination Unit (CRU), room B–099 of the main Service Type/Location: Janitorial/Custodial, Department building. We gave parties FAA, Air Traffic Control Tower, Detroit We determine that certain cold-rolled until June 20, 2002, to comment on the Metropolitan Airport, Detroit, Michigan. carbon steel flat products (cold-rolled preliminary scope rulings, and until NPA: Jewish Vocational Service and steel) from Australia are being, or are June 27, 2002, to submit rebuttal Community Workshop, Inc., Southfield, likely to be, sold in the United States at comments. We received comments and/ Michigan. less than fair value (LFTV), as provided or rebuttal comments from petitioners Contract Activity: Federal Aviation in section 735 of the Act. The estimated and respondents from various countries Administration, Des Plaines, Illinois. margins are shown in the ‘‘Suspension subject to these investigations of cold- Service Type/Location: Janitorial/Custodial, of Liquidation’’ section of this notice. Marine Corps Reserve Center, Brook Park, rolled steel. In addition, on June 13, Ohio. Background 2002, North American Metals Company (an interested party in the Japanese NPA: Goodwill Industries of Greater On May 9, 2002, the Department Cleveland, Inc., Cleveland, Ohio. proceeding) filed a request that the Contract Activity: Officer in Charge of published its preliminary determination Department issue a ‘‘correction’’ for an Contracts, Crane, Indiana. in the above-captioned antidumping already excluded product. On July 8, Service Type/Location: Mail Support duty investigation. See Notice of 2002, the petitioners objected to this Services, Department of Justice, Drug Preliminary Determination of Sales at request. Enforcement Agency, Newark, New Jersey. Less Than Fair Value: Certain Cold- At the request of multiple NPA: The First Occupational Center of New Rolled Carbon Steel Flat Products From respondents, the Department held a Jersey, Orange, New Jersey. Australia, 67 FR 31192 (May 9, 2002) public hearing with respect to the Contract Activity: Drug Enforcement Agency, (Preliminary Determination). See also Washington, DC. Preliminary Scope Rulings on July 1, Notice of Initiation of Antidumping 2002. This action does not affect current Duty Investigations: Certain Cold-Rolled We gave interested parties an contracts awarded prior to the effective Carbon Steel Flat Products From opportunity to comment on the date of this addition or options that may Argentina, Australia, Belgium, Brazil, preliminary determination. No case or be exercised under those contracts. France, Germany, India, Japan, Korea, rebuttal briefs were submitted. the Netherlands, New Zealand, the G. John Heyer, People’s Republic of China, the Russian Critical Circumstances General Counsel. Federation, South Africa, Spain, In letters filed on December 7, 2001, [FR Doc. 02–18276 Filed 7–18–02; 8:45 am] Sweden, Taiwan, Thailand, Turkey, and and January 14, 2002, the petitioners BILLING CODE 6353–01–P Venezuela, 66 FR 54198 (October 26, alleged that there is a reasonable basis 2001) (Initiation Notice). to believe or suspect that critical Since the preliminary determination, circumstances exist with respect to DEPARTMENT OF COMMERCE the following events have occurred. We imports of cold-rolled steel from gave interested parties an opportunity to Australia and other countries. On April International Trade Administration comment on the preliminary 18, 2002, the Department published in [A–602–804] determination. With respect to scope, in the Federal Register its preliminary the preliminary LTFV determinations in determination that critical Notice of Final Determination of Sales these cases, the Department circumstances exist for imports of cold- at Less Than Fair Value: Certain Cold- preliminarily excluded certain porcelain rolled steel from Australia and other Rolled Carbon Steel Flat Products enameling steel from the scope of these countries. See Notice of Preliminary From Australia investigations. See Scope Appendix to Determinations of Critical the Notice of Preliminary Determination Circumstances: Certain Cold-Rolled AGENCY: Import Administration, of Sales at Less Than Fair Value: Carbon Steel Flat Products From International Trade Administration, Certain Cold-Rolled Carbon Steel Flat Australia, the People’s Republic of Department of Commerce. Products from Argentina, 67 FR 31181 China, India, the Republic of Korea, the EFFECTIVE DATE: July 19, 2002. (May 9, 2002) (Scope Appendix— Netherlands, and the Russian FOR FURTHER INFORMATION CONTACT: Argentina Preliminary LTFV Federation, 67 FR 19157 (April 18, Paige Rivas at (202) 482–0651, or Mark Determination). On June 13, 2002, we 2002) and Memorandum from Bernard
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Carreau to Faryar Shirzad, 24.06 percent, the rate derived from the Notification Regarding Administrative ‘‘Antidumping Duty Investigations on petition. See Initiation Notice. Also, the Protective Order (APO) Certain Cold-Rolled Carbon Steel Flat Department applied the petition margin This notice also serves as a reminder Products from Australia, India, the of 24.06 percent as the ‘‘all others’’ rate. to parties subject to APO of their Netherlands, and the Republic of The interested parties did not object to responsibility concerning the Korea—Preliminary Affirmative the use of adverse facts available, or to disposition of proprietary information Determinations of Critical the Department’s choice of facts disclosed under APO in accordance Circumstances,’’ dated April 10, 2002. available. For this final determination, with 19 CFR 351.305. Timely We received no comments from the we are continuing to apply total adverse notification of return/destruction of petitioners or the respondent regarding facts available to BHP. APO materials or conversion to judicial our preliminary finding that critical protective order is hereby requested. circumstances exist for imports of cold- Suspension of Liquidation Failure to comply with the regulations rolled steel from Australia. Therefore, and the terms of an APO is a we have not changed our determination Pursuant to section 735(c)(1)(B) of the Act, we are instructing the U.S. Customs sanctionable violation. and continue to find that critical This determination is issued and Service (Customs) to continue to circumstances exist for imports of cold- published in accordance with sections suspend liquidation of all entries of rolled steel from Australia. Regarding 735(d) and 777(i)(1) of the Act. the other countries for which we cold-rolled steel from Australia that are preliminarily found affirmative critical entered, or withdrawn from warehouse, Dated: July 10, 2002. circumstances, we will make final for consumption on or after February 9, Faryar Shirzad, determinations concerning critical 2002, which is 90 days prior to the date Assistant Secretary for Import circumstances for these countries when the Preliminary Determination was Administration. we make our final dumping published in the Federal Register, Appendix I—Scope of the AD/CVD determinations in those investigations. because of our affirmative critical Investigations on Certain Cold-Rolled Scope of Investigation circumstances finding in accordance Steel Products with section 735(a)(3) of the Act. For purposes of this investigation, the For a complete discussion of the comments products covered are certain cold-rolled Customs shall continue to require a cash received on the Preliminary Scope Rulings, (cold-reduced) flat-rolled carbon-quality deposit or the posting of a bond equal see the ‘‘Issues and Decision Memorandum to the estimated amount by which the for the Final Scope Rulings in the steel products. A full description of the Antidumping Duty Investigations on Certain scope of this investigation is contained normal value exceeds the U.S. price as shown below. The suspension of Cold-Rolled Carbon Steel Flat Products from in the ‘‘Scope Appendix’’ attached to Argentina, Australia, Belgium, Brazil, France, this final determination notice. For a liquidation instructions will remain in Germany, India, Japan, Korea, the complete discussion of the comments effect until further notice. Netherlands, New Zealand, the People’s received on the Preliminary Scope We determine that the following Republic of China, the Russian Federation, Rulings, see the memorandum regarding percentage margins exist for the period South Africa, Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, and in the ‘‘Issues and Decision Memorandum for July 1, 2000 through June 30, 2001: the Final Scope Rulings in the Countervailing Duty Investigations of Certain Cold-Rolled Carbon Steel Flat Products from Antidumping Duty Investigations on Manufacturer/exporter Margin Argentina, Brazil, France, and Korea,’’ on file Certain Cold-Rolled Carbon Steel Flat (percent) in the CRU. This memorandum can also be Products from Argentina, Australia, accessed directly on the Web at http:// Belgium, Brazil, France, Germany, BHP ...... 24.06 ia.ita.doc.gov/frn/summary/list.htm. The India, Japan, Korea, the Netherlands, All Others ...... 24.06 paper copy and electronic version are New Zealand, the People’s Republic of identical in content. China, the Russian Federation, South International Trade Commission (ITC) Scope of Investigation Africa, Spain, Sweden, Taiwan, Notification For purposes of this investigation, the Thailand, Turkey, and Venezuela, and In accordance with section 735(d) of products covered are certain cold-rolled in the Countervailing Duty (cold-reduced) flat-rolled carbon-quality steel Investigations of Certain Cold-Rolled the Act, we have notified the ITC of our products, neither clad, plated, nor coated Carbon Steel Flat Products from determination. As our final with metal, but whether or not annealed, Argentina, Brazil, France, and Korea,’’ determination is affirmative, the ITC painted, varnished, or coated with plastics or dated July 10, 2002, which is on file in will determine, within 45 days, whether other non-metallic substances, both in coils, the CRU. these imports are causing material 0.5 inch wide or wider, (whether or not in injury, or threat of material injury, to an successively superimposed layers and/or Analysis of Comments Received otherwise coiled, such as spirally oscillated industry in the United States. If the ITC coils), and also in straight lengths, which, if As noted above, there were no case or determines that material injury, or less than 4.75 mm in thickness having a rebuttal briefs submitted in this threat of injury does not exist, the width that is 0.5 inch or greater and that investigation, nor was there a hearing. proceeding will be terminated and all measures at least 10 times the thickness; or, Use of Facts Available securities posted will be refunded or if of a thickness of 4.75 mm or more, having cancelled. If the ITC determines that a width exceeding 150 mm and measuring at In the Preliminary Determination, the least twice the thickness. The products Department applied total adverse facts such injury does exist, the Department described above may be rectangular, square, available to the mandatory respondent, will issue an antidumping duty order circular or other shape and include products Broken Hill Propriety Limited Steel directing Customs officials to assess of either rectangular or non-rectangular cross- (BHP JLA), and BHP Steel Americas antidumping duties on all imports of the section. subject merchandise entered, or Specifically included in this scope are (BHPSA) (collectively known as BHP), vacuum degassed, fully stabilized (commonly because BHP chose not to participate in withdrawn from warehouse, for referred to as interstitial-free (IF)) steels, high the investigation. As a result, the consumption on or after the effective strength low alloy (HSLA) steels, and motor Department assigned BHP the rate of date of the suspension of liquidation. lamination steels. IF steels are recognized as
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low carbon steels with micro-alloying levels called columbium), or 0.15 % of vanadium, based on an alloy ASTM specification of elements such as titanium and/or niobium or 0.15 % of zirconium. (sample specifications: ASTM A506, added to stabilize carbon and nitrogen All products that meet the written physical A507); elements. HSLA steels are recognized as description, and in which the chemistry • Non-rectangular shapes, not in coils, steels with micro-alloying levels of elements quantities do not exceed any one of the noted which are the result of having been such as chromium, copper, niobium, element levels listed above, are within the processed by cutting or stamping and titanium, vanadium, and molybdenum. scope of this investigation unless specifically which have assumed the character of Motor lamination steels contain micro- excluded. articles or products classified outside The following products, by way of alloying levels of elements such as silicon chapter 72 of the HTSUS; example, are outside and/or specifically and aluminum. • Silicon-electrical steels, as defined in the excluded from the scope of this investigation: HTSUS, that are not grain-oriented and Steel products included in the scope of this • investigation, regardless of definitions in the SAE grades (formerly also called AISI that have a silicon level less than 2.25 %, grades) above 2300; HTSUS, are products in which: (1) iron and (a) fully-processed, with a core loss • Ball bearing steels, as defined in the predominates, by weight, over each of the of less than 0.14 watts/pound per mil HTSUS; (0.001 inch), or (b) semi-processed, with other contained elements; (2) the carbon • Tool steels, as defined in the HTSUS; core loss of less than 0.085 watts/pound content is 2 % or less, by weight, and; (3) • Silico-manganese steel, as defined in the none of the elements listed below exceeds per mil (0.001 inch); HTSUS; • the quantity, by weight, respectively • Silicon-electrical steels, as defined in the Certain shadow mask steel, which is indicated: 1.80 % of manganese, or 2.25 % HTSUS, that are grain-oriented; aluminum killed cold-rolled steel coil of silicon, or 1.00 % of copper, or 0.50 % of • Silicon-electrical steels, as defined in the that is open coil annealed, has an ultra- aluminum, or 1.25 % of chromium, or 0.30 HTSUS, that are not grain-oriented and flat, isotropic surface, and which meets % of cobalt, or 0.40 % of lead, or 1.25 % of that have a silicon level exceeding 2.25 the following characteristics: nickel, or 0.30 % of tungsten, or 0.10 % of %; Thickness: 0.001 to 0.010 inch molybdenum, or 0.10 % of niobium (also • All products (proprietary or otherwise) Width: 15 to 32 inches
CHEMICAL COMPOSITION
Element C Weight % <0.002%
• Certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics: Thickness: ≤1.0mm Width: L ≤152.4 mm
CHEMICAL COMPOSITION
Element C Si Mn PS Weight % 0.90–1.05 0.15–0.35 0.30–0.50 ≤0.03 ≤0.006
MECHANICAL PROPERITES
Tensile Strength ≥162 Kgf/mm2 Hardness ≥ 475 Vickers hardness number
PHYSICAL PROPERTIES
Flatness <0.2% of nominal strip width
Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite.
NON-METALLIC INCLUSION
Area percentage
Sulfide Inclusion ...... ≤0.04% Oxide Inclusion ...... ≤0.05%
Compressive Stress: 10 to 40 Kgf/mm Surface Roughness
SURFACE ROUGHNESS
Thickness (mm) Roughness (µm)
t ≤ 0.209 Rz ≤ 0.5 0.209 < t ≤0.310 Rz ≤ 0.6 0.310 < t ≤0.440 Rz ≤ 0.7 0.440 < t ≤0.560 Rz ≤ 0.8 0.560 < t Rz ≤ 1.0
• Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤0.100 mm ± 7%
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Width: 100 to 600 mm
CHEMICAL COMPOSITION
Element C Mn PS Al Fe Weight % ≤0.07 0.2–0.5 ≤0.05 ≤0.05 ≤0.07 Balance
MECHANICAL PROPERTIES
Hardness Full Hard (Hv 180 minimum) Total Elongation <3% Tensile Strength 600 to 850 N/mm
PHYSICAL PROPERTIES
Surface Finish ≤0.3 micron Camber (in 2.0 m) <3.0 mm Flatness (in 2.0 m) ≤0.5 mm Edge Burr <0.01 mm greater than thickness Coil Set (in 1.0 m) <75.0 mm m
• Certain silicon steel, which meets the following characteristics: Thickness: 0.024 inch ± 0.0015 inch Width: 33 to 45.5 inches
CHEMICAL COMPOSITION
Element C Mn PS Si Al Min. Weight % Max. Weight % 0.004 0.4 0.09 0.009 0.65 0.4
MECHANICAL PROPERTIES
Hardness B 60–75 (AIM 65)
PHYSICAL PROPERTIES
Finish Smooth (30–60 microinches) Gamma Crown (in 5 inches) 0.0005 inch, start measuring one-quarter inch from slit edge Flatness 20 I–UNIT max. Coating C3A–08A max. (A2 coating acceptable) Camber (in any 10 feet) 1/16 inch Coil Size I.D. 20 inches
MAGNETIC PROPERTIES
Core Loss (1.5T/60 Hz) NAAS 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS 1700 gauss/oersted typical 1500 minimum
• Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381–1000 mm
CHEMICAL COMPOSITION
Element C N A1 Weight % <0.01 0.004 to 0.007 ≤0.007
• Certain annealed and temper-rolled continuously cast steel, which meets the following characteristics:
CHEMICAL COMPOSITION
Element C Mn PS Si Al As Cu BN Min. Weight % 0.02 0.20 0.03 0.003 Max. Weight % 0.06 0.40 0.02 0.023 0.08 0.02 0.08 0.008 (Aiming, (Aiming (Aiming 0.018 0.05) 0.005) Max.)
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Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides <1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
SURFACE FINISH
Roughness, RA microinches (micrometers) Aim Min. Max.
Extra Bright 5(0.1) 0(0) 7(0.2)
• Certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a certificate of analysis per Cable System International (‘‘CSI’’) Specification 96012, with the following characteristics:
Element C Mn P S Max. Weight D0.13 0.13 0.60 0.02 0.05
PHYSICAL AND MECHANICAL PROPERTIES
Base Weight 55 pounds Theoretical Thickness 0.0061 inch (+/¥10 % of theoretical thickness) Width 787 mm to 813 mm Tensile Strength 45,000–55,000 psi Elongation minimum of 15 % in 2 inches
• Concast cold-rolled drawing quality sheet steel, ASTM a–620–97, Type B, or single reduced black plate, ASTM A–625–92, Type D, T–1, ASTM A–625–76 and ASTM A–366–96, T1–T2–T3 Commercial bright/luster 7a both sides, RMS 12 max. Thickness range of 0.0088 to 0.038 inches, width of 23.0 inches to 36.875 inches. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 53 pound base weight (0.0058 inch thick) with a Temper classification of T–2 (49–57 hardness using the Rockwell 30 T scale). • Certain single reduced black plate, meeting ASTM A–625–76 specifications, 55 pound base weight, MR type matte finish, TH basic tolerance as per A263 trimmed. • Certain single reduced black plate, meeting ASTM A–625–98 specifications, 65 pound base weight (0.0072 inch thick) with a Temper classification of T–3 (53–61 hardness using the Rockwell 30 T scale). • Certain cold-rolled black plate bare steel strip, meeting ASTM A–625 specifications, which meet the following characteristics:
CHEMICAL COMPOSITION
Element C Mn P S Max. Weight % 0.13 0.60 0.02 0.05
PHYSICAL AND MECHANICAL PROPERTIES
Thickness 0.0058 inch ± 0.0003 inch Hardness T2/HR 30T 50—60 aiming Elongation ≥ 15 % Tensile Strength 51,000.0 psi ± 4.0 aiming
• Certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A–623, Table II, Type MR specifications, which meet the following characteristics:
CHEMICAL COMPOSITION
Element C Mn P S Max. Weight % 0.13 0.60 0.04 0.05
PHYSICAL AND MECHANICAL PROPERTIES
Thickness 0.0060 inch (±0.0005 inch) Width 10 inches (+1⁄4 to 3⁄8 inch/-0) Tensile Strength 55,000 psi max. Elongation Minimum of 15% in 2 inches
• Certain ‘‘blued steel’’ coil (also known as ‘‘steamed blue steel’’ or ‘‘blue oxide’’), with a thickness of 0.30 mm to 0.42 mm and width of 609 mm to 1219 mm, in coil form; • Certain cold-rolled steel sheet, coated with porcelain enameling prior to importation, which meets the following characteristics: Thickness (nominal): ≤ 0.019 inch Width: 35 to 60 inches
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CHEMICAL COMPOSITION
Element COB Max. Weight % 0.004 Min. Weight % 0.010 0.012
• Certain cold-rolled steel, which meets the following characteristics Width: > 66 inches
CHEMICAL COMPOSITION
Element C Mn P Si Max. Weight % 0.07 0.67 0.14 0.03
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) 0.800—2.000 Min. Yield Point (MPa) 265 Max. Yield Point (MPa) 365 Min. Tensile Strength (MPa) 440 Min. Elongation % 26
• Certain band saw steel, which meets the following characteristics: Thickness: ≤ 1.31 mm Width: ≤ 80 mm
CHEMICAL COMPOSITION
Element C Si Mn PS Cr Ni Weight % 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤0.03 ≤0.007 0.3 to 0.5 ≤0.25
Other properties: Carbide: Fully spheroidized having > 80 % of carbides, which are ≤ 0.003 mm and uniformly dispersed Surface finish: Bright finish free from pits, scratches, rust, cracks, or seams Smooth edges. Edge camber (in each 300 mm of length): ≤ 7 mm arc height Cross bow (per inch of width): 0.015 mm max. • Certain transformation-induced plasticity (TRIP) steel, which meets the following characteristics: Variety 1
CHEMICAL COMPOSITION
Element C Si Mn Min. Weight % 0.09 1.0 0.90 Max. Weight % 0.13 2.1 1.7
PHYSICAL AND MECHANICAL PROPERTIES
Thicknes range (mm) 1.000—2.300 (inclusive) Min. Yied Point (MPa) 320 Max. Yied Point (MPa) 480 Min. Tensile Strength (MPa) 590 Min. Elongation % 24 (if 1.000—1.199 thickness range) 25 (if 1.200—1.599 thickness range) 26 (if 1.600—1.999 thickness range) 27 (if 2.000—2.300 thickness range)
Variety 2
CHEMICAL COMPOSITION
Element C Si Mn Min. Weight % 0.12 1.5 1.1 Max. Weitht % 0.16 2.1 1.9
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) 1.000Ð2.300 (inclusive) Min. Yied Point (MPa) 340 Max. Yied Point (MPa) 520 Min. Tensile Strength (MPa) 690
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PHYSICAL AND MECHANICAL PROPERTIES—Continued Min. Elongation % 21 (if 1.000Ð1.199 thickness range) 22 (if 1.200Ð1.599 thickness range) 23 (if 1.600Ð1.999 thickness range) 24 (if 2.000Ð2.300 thickness range)
Variety 3
CHEMICAL COMPOSITION
Element % C Si Mn Min. Weight % 0.13 1.3 1.5 Max. Weitht % 0.21 2.0 2.0
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) 1.200Ð2.300 9inclusive) Min. Yield Point (MPa) 370 Max Yield Point (MPa) 570 Min. Tensile Strength (MPa) 780 Min. Elongation % 18 (if 1.200Ð1.599 thickness range) 19 (if 1.600Ð1.999 thickness range) 20 (if 2.000Ð2.300 thickness range)
• Certain cold-rolled steel, which meets the following characteristics:
Variety 1
CHEMICAL COMPOSITION
Element C Mn P Cu Min. Weight % 0.15 Max. Weight % 0.10 0.40 0.10 0.35
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) 0.600Ð0.800 Min. Yield Point (MPa) 185 Max. Yield Point (MPa) 285 Min. Tensile Strength (MPa) 340 Min. Elongation % 31 (ASTM standard 31% = JIS standard 35%)
Variety 2
CHEMICAL COMPOSITION
Element C Mn P Cu Min. Weight % 0.15 Max. Weight % 0.05 0.40 0.08 0.35
PHYSICAL AND MECHANICAL PROPERTIES
Thickness Range (mm) 0.800Ð1.000 Min. Yield Point (MPa) 145 Max. Yield Point (MPa) 245 Min. Tensile Strength (MPa) 295 Min. Elongation % 31 (ASTM standard 31% = JIS standard 35%)
Variety 3
CHEMICAL COMPOSITION
Element C Si Mn PS Cu Ni Al Nb, V, Mo Ti, B Max. Weight % 0.01 0.05 0.40 0.10 0.023 0.15Ð 0.35 0.10 0.10 0.30 0.35
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PHYSICAL AND MECHANICAL PROPERTIES
Thickness (mm) 0.7 Elongation % ≥35
• Porcelain enameling sheet, drawing quality, in coils, 0.014 inch in thickness, + 0.002, ¥0.000, meeting ASTM A–424–96 Type 1 specifications, and suitable for two coats. • Cold-rolled steel strip to specification SAE 4130, with the following characteristics: HTSUS item number 7226.92.80.50 Width up to 24 inches Gauge of ‘‘0.050—0.014 inches,’’ and gauge tolerance of +/¥0.0018 inches • Texture-rolled steel strip (SORBITEX), with the following characteristics: Thickness: 0.0039 to 0.0600 inches Width: 0.1180 to 7.8700 inches (3–200 mm)
CHEMICAL COMPOSITION
C Si Mn P S Al Cr Ni Cu
0.76Ð0.96% 0.10Ð0.35% 0.30Ð0.60% < .025% < .020% < .060% < .30% < .20% < .20%
Tensile strength ranges:245,000 to 365,000 psi. HTSUS 7211.29.20.30 and HTSUS 7211.29.45.00 • Reed steel, with the following characteristics: Grades Eberle 18, 18C (SAE 1095 modified alloyed steel) HTSUS 7211.90.00
PHYSICAL CHARACTERISTICS
Thickness 0.0008 to 0.04 inches (0.0203 to 1.015 mm) Width 0.276 to 0.472 inches (7 mm to 12.0 mm), with width tolerances of +/ ¥0.04 to 0.06 mm Tensile strength 1599 Mpa to 2199 Mpa
CHEMICAL COMPOSITION
C Si Mn P S Cr
0.95Ð1.05% 0.15Ð0.30 .025Ð0.50% less than 0.015% less than 0.012% less than 0.40%
Surface: Rmax 1.5 to 3.0 micrometers Straightness: Max. deviation of 0.56mm/m Flatness: Deviation of 0.1 to 0.3% of the width • Feeler gauge steel, with the following characteristics: Polished surface and deburred or rounded edges Grades Eberle 18, 18C (SAE 1095 modified alloyed steel) HTSUS 7211.90.00
PHYSICAL AND MECHANICAL PROPERTIES
Max. width 0.4975 inches Thickness Range 0.001Ð0.045 inches Thickness tolerances T2ÐT4 international standard Tensile strength UTS 246Ð304 ksi
• Wood Band Saw Steel with Nickel Content Exceeding 1.25% by Weight, with the following characteristics: Both variety 1 and variety 2 are classified under HTSUS item number 7226.99.00.00 Variety #1 Nickel-alloyed Band Saw Steel, which meets the following characteristics: Thickness: >1.1 mm, ≤3.00 mm Width: < 400 mm
CHEMICAL COMPOSITION
Element C Si Mn P S Cr Ni Cu Al Weight % 0.70Ð0.80 0.20Ð0.35 0.30Ð0.45 max. 0.020 max. 0.006 0.05Ð0.20 1.90Ð2.10 max. 0.15 0.02Ð0.04
Microstructure: Tempered Martensite with Bainite, no surface decarburization. Mechanical Properties: Hardness: 446 +12/¥23 HV respectively 45 +1/¥2 HRC Surface Finish: bright, polished Edges: treated edges Cross Bow: max. 0.1 mm per mm width Variety #2 UHB15N20 band saw steel according to the alloy composition:
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CHEMICAL COMPOSITION
Element C Si Mn P S Cr Ni Weight % 0.70Ð0.80 0.20Ð0.35 0.30Ð0.45 max. 0.020 max. 0.016 1.90Ð2.10
Typical material properties: Hardened and tempered Tensile Strength: 1450 N/mm 2 for thickness < 2 mm and 1370 N/mm 2 for thickness > 2 mm Width tolerance: B1 = +/¥0.35 mm Thickness tolerance: T1(+/¥0.039 mm) Flatness: P4 (max. deviation 0.1% of width of strip) Straightness: (+/¥0.25 mm/1000 mm) Dimensions: Widths: 6.3–412.8 mm Thickness: 0.40 to 3.05 mm • 2% nickel T5 tolerances and ra less than 8 my, with the following characteristics: Thickness: 0.5–3.5 mm Width: 50–650 mm
CHEMICAL COMPOSITION
Element C Si Mn PS Al Cr Ni Weight % in 0.70Ð0.08 0.15Ð0.35 0.30Ð0.05 max. 0.020 max. 0.010 max. 0.05Ð0.030 1.90Ð0.020 ¥0.020
High precision T5 tolerance Roughness: Ra (RMS) max. 8 inches The product is classified under HTSUS item number 7226.92.50.00 • Ski-edge profile steel, with the following characteristics: For both Grade SAE 1070 and German Grade SAE X35CrMo17: HTSUS item numbers 7228.60.80 and 7216.69.00 Hardened and tempered, HRC 44–52 Surface: bright finished, sandblasted or primer coated Stamped condition
DIMENSIONS
Width mm Width mm Thickness mm Thickness mm
Ski 39 6 1.90 2 0.50 Ski 40 6 1.70 2 0.50 Ski 129 7.70 2.00 2.20 0.60
CHEMICAL COMPOSITION FOR GRADE SAE 1070
Element C Si Mn PS % in Weight 0.65Ð0.75 max. 0.40 max. 0.60Ð0.90 max. 0.04 max. 0.05
CHEMICAL COMPOSITION FOR GERMAN GRADE SAE ×35CRMO17
Element C Si Mn P S CR Mo Ni % in Weight 0.33Ð0.45 max. 1.0 max. 1.50 max. 0.04 max. 0.025 15.5Ð17.5 0.8Ð1.3 max. 1.0
Note that this is an angle shape or section steel that is not covered by this scope. • Flat wire, with the following characteristics: SAE 1074 alloyed, annealed, skin passed Hardened and tempered Formed edges Widths of less than 12.7 mm Thickness from 0.50–2.40 mm • Shadow/aperture mask steel, which is Aluminum killed cold-rolled steel coil that is open coil annealed, has an ultra-flat, isotropic surface, and meets the following characteristics: Thickness: 0.001 to 0.010 inch Width: 15 to 35 inches Increased tensile strength of 800 to 1,200 N/mm2
CHEMICAL COMPOSITION
Element C N Mn Weight % < 0.01% 0.01Ð0.017% 0.06Ð0.85%
HTSUS item numbers 7209.18.25.10 or 7211.23.60.75, depending on the width of the material. • Grade 13C cement kiln steel, with the following specifications:
CHEMICAL COMPOSITION
Element C Si Mn PS
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CHEMICAL COMPOSITION—Continued Weight % 0.65 0.25 0.65 max. 0.020 max. 0.010
Microstructure: Fine grained and homogenous. Matrix of tempered martensite with a small amount of undissolved carbides Decarburization: No free ferrit is allowed; Total decarburization should not exceed 4% per plane Mechanical Properties: Tensile strength: 1200–1700 N/mm2, (Standard 1280 +/¥80 N/mm2) Surface Finish: Gray hardened condition. Ra/CLA—max. 0.25 m. Cut off 0.25 mm Rmax—max. 2.5 m Edge Condition: Slit edges free from cracks and damages Dimensions: Thickness: 0.4–1.40 mm, Tolerance: T1 Width: 250–1200 mm, Tolerance: B1 Flatness: Unflatness Across Strip: max. 0.4% of the nominal strip width Coil Size: Inside Diameter: 600 mm Coil Weight: max. 6.5 kg/mm strip width • Certain valve steel (type 2), with the following specifications: Hardened tempered high-carbon strip, characterized by high fatigues strength and wear resistance, hardness combined with ductility, surface and end-finishes, and good blanking and forming prop- erties. HTSUS item number: 7211.90.00.00 Typical size ranges: Thickness: 0.15–1.0 mm Width: 10.0–140 mm
CHEMICAL COMPOSITION
Element C Si Mn P S Ni Cr Weight % 0.7Ð0.8 0.2Ð0.35 0.3Ð0.45 Max. 0.020 Max. 0.016 1.9Ð2.1
The merchandise subject to this AD/CVD Enforcement IV, Group II, Carbon Steel Flat Products From investigation is typically classified in the Import Administration, International Argentina, Australia, Belgium, Brazil, HTSUS at item numbers: 7209.15.0000, Trade Administration, U.S. Department France, Germany, India, Japan, Korea, 7209.16.0030, 7209.16.0060, 7209.16.0090, of Commerce, 14th Street and the Netherlands, New Zealand, the 7209.17.0030, 7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550, Constitution Avenue, NW, Washington, People’s Republic of China, the Russian 7209.18.6000. 7209.25.0000, 7209.26.0000, DC 20230. Federation, South Africa, Spain, 7209.27.0000, 7209.28.0000, 7209.90.0000, SUPPLEMENTARY INFORMATION: Sweden, Taiwan, Thailand, Turkey, and 7210.70.3000, 7210.90.9000, 7211.23.1500, Venezuela, 66 FR 54198 (October 26, 7211.23.2000, 7211.23.3000, 7211.23.4500, The Applicable Statute and Regulations 2001) (Initiation Notice). 7211.23.6030, 7211.23.6060, 7211.23.6085, Unless otherwise indicated, all Since the preliminary determination, 7211.29.2030, 7211.29.2090, 7211.29.4500, citations to the statute are references to the following events have occurred. We 7211.29.6030, 7211.29.6080, 7211.90.0000, the provisions effective January 1, 1995, gave interested parties an opportunity to 7212.40.1000, 7212.40.5000, 7212.50.0000, the effective date of the amendments comment on the preliminary 7225.19.0000, 7225.50.6000, 7225.50.7000, determination.. With respect to scope, 7225.50.8010, 7225.50.8085, 7225.99.0090, made to the Tariff Act of 1930 (the Act) 7226.19.1000, 7226.19.9000, 7226.92.5000, by the Uruguay Round Agreements Act in the preliminary LTFV determinations 7226.92.7050, 7226.92.8050, and (URAA). In addition, unless otherwise in these cases, the Department 7226.99.0000. indicated, all citations to the preliminarily excluded certain porcelain Although the HTSUS item numbers are Department of Commerce (Department) enameling steel from the scope of these provided for convenience and Customs regulations are to the regulations at 19 investigations. See Scope Appendix to purposes, the written description of the CFR part 351 (April 2001). the Notice of Preliminary Determination merchandise under investigation is of Sales at Less Than Fair Value: dispositive. Final Determination Certain Cold-Rolled Carbon Steel Flat [FR Doc. 02–18293 Filed 7–18–02; 8:45 am] We determine that certain cold-rolled Products from Argentina, 67 FR 31181 BILLING CODE 3510–DS–P carbon steel flat products (cold-rolled (May 9, 2002) (Scope Appendix - steel) from India are being, or are likely Argentina Preliminary LTFV to be, sold in the United States at less Determination). On June 13, 2002, we DEPARTMENT OF COMMERCE than fair value (LFTV), as provided in issued a preliminary decision on the section 735 of the Act. The estimated remaining 75 scope exclusion requests International Trade Administration margins are shown in the ‘‘Suspension filed in a number of the on-going cold- [A-533-826] of Liquidation’’ section of this notice. rolled steel investigations (‘‘Preliminary Scope Rulings in the Antidumping Background Notice of Final Determination of Sales Investigations on Certain Cold-Rolled at Less Than Fair Value: Certain Cold- On May 9, 2002, the Department Carbon Steel Flat Products from Rolled Carbon Steel Flat Products from published its preliminary determination Argentina, Australia, Belgium, Brazil, India in the above-captioned antidumping France, Germany, India, Japan, Korea, duty investigation. See Notice of the Netherlands, New Zealand, the AGENCY: Import Administration, Preliminary Determination of Sales at People’s Republic of China, the Russian International Trade Administration, Less Than Fair Value: Certain Cold- Federation, South Africa, Spain, Department of Commerce. Rolled Carbon Steel Flat Products From Sweden, Taiwan, Thailand, Turkey, and EFFECTIVE DATE: July 19, 2002. India, 67 FR 31218 (May 9, 2002) Venezuela, and in the Countervailing FOR FURTHER INFORMATION CONTACT: (Preliminary Determination). See also Duty Investigations of Certain Cold- Paige Rivas at (202) 482-0651, or Mark Notice of Initiation of Antidumping Rolled Carbon Steel Flat Products from Manning at (202) 482-5253, Office of Duty Investigations: Certain Cold-Rolled Argentina, Brazil, France, and Korea’’
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(Preliminary Scope Rulings), which is preliminarily found affirmative critical for consumption on or after February 9, on file in the Central Records Unit circumstances, we will make final 2002, which is 90 days prior to the date (CRU), room B-099 of the main determinations concerning critical the Preliminary Determination was Department building. We gave parties circumstances for these countries when published in the Federal Register, until June 20, 2002, to comment on the we make our final dumping because of our affirmative critical preliminary scope rulings, and until determinations in those investigations. circumstances finding in accordance June 27, 2002, to submit rebuttal Scope of Investigation with section 735(a)(3) of the Act. comments. We received comments and/ Customs shall continue to require a cash For purposes of this investigation, the or rebuttal comments from petitioners deposit or the posting of a bond equal products covered are certain cold-rolled and respondents from various countries to the estimated amount by which the subject to these investigations of cold- (cold-reduced) flat-rolled carbon-quality normal value exceeds the U.S. price as rolled steel. In addition, on June 13, steel products. A full description of the 2002, North American Metals Company scope of this investigation is contained shown below. The suspension of (an interested party in the Japanese in the ‘‘Scope Appendix’’ attached to liquidation instructions will remain in proceeding) filed a request that the the Notice of Final Determination of effect until further notice. Department issue a ‘‘correction’’ for an Sales at Less Than Fair Value: Certain We determine that the following already excluded product. On July 8, Cold-Rolled Carbon Steel Flat Products percentage margins exist for the period 2002, the petitioners objected to this from Australia, published concurrently July 1, 2000 through June 30, 2001: request. with this notice. For a complete At the request of multiple discussion of the comments received on Manufacturer/Exporter Margin (percent) respondents, the Department held a the Preliminary Scope Rulings, see the public hearing with respect to the memorandum regarding ‘‘Issues and Ispat ...... 153.65 Preliminary Scope Rulings on July 1, Decision Memorandum for the Final All Others ...... 153.65 2002. Scope Rulings in the Antidumping Duty We gave interested parties an Investigations on Certain Cold-Rolled International Trade Commission (ITC) opportunity to comment on the Carbon Steel Flat Products from Notification preliminary determination. No case or Argentina, Australia, Belgium, Brazil, rebuttal briefs were submitted. France, Germany, India, Japan, Korea, In accordance with section 735(d) of Critical Circumstances the Netherlands, New Zealand, the the Act, we have notified the ITC of our People’s Republic of China, the Russian determination. As our final In letters filed on December 7, 2001, Federation, South Africa, Spain, determination is affirmative, the ITC and January 14, 2002, the petitioners Sweden, Taiwan, Thailand, Turkey, and will determine, within 45 days, whether alleged that there is a reasonable basis Venezuela, and in the Countervailing these imports are causing material to believe or suspect that critical Duty Investigations of Certain Cold- injury, or threat of material injury, to an circumstances exist with respect to Rolled Carbon Steel Flat Products from industry in the United States. If the ITC imports of cold-rolled steel from India Argentina, Brazil, France, and Korea,’’ and other countries. On April 18, 2002, determines that material injury, or dated July 10, 2002, which is on file in the Department published in the threat of injury does not exist, the the CRU. Federal Register its preliminary proceeding will be terminated and all determination that critical Analysis of Comments Received securities posted will be refunded or cancelled. If the ITC determines that circumstances exist for imports of cold- As noted above, there were no case or such injury does exist, the Department rolled steel from India and other rebuttal briefs submitted in this will issue an antidumping duty order countries. See Notice of Preliminary investigation, nor was there a hearing. Determinations of Critical directing Customs officials to assess Circumstances: Certain Cold-Rolled Use of Facts Available antidumping duties on all imports of the Carbon Steel Flat Products From In the Preliminary Determination, the subject merchandise entered, or Australia, the People’s Republic of Department applied total adverse facts withdrawn from warehouse, for China, India, the Republic of Korea, the available to the mandatory respondent, consumption on or after the effective Netherlands, and the Russian Ispat Industries, Ltd. (Ispat). date of the suspension of liquidation. Federation, 67 FR 19157 (April 18, Specifically, the Department assigned 2002) and Memorandum from Bernard Ispat the rate of 153.65 percent, the rate Notification Regarding Administrative Carreau to Faryar Shirzad, derived from the petition. See Initiation Protective Order (APO) ‘‘Antidumping Duty Investigations on Notice. Also, the Department applied This notice also serves as a reminder Certain Cold-Rolled Carbon Steel Flat the petition margin of 153.65 percent as to parties subject to APO of their Products from Australia, India, the the ‘‘all others’’ rate. The interested responsibility concerning the Netherlands, and the Republic of Korea parties did not object to the use of disposition of proprietary information Preliminary Affirmative Determinations adverse facts available, nor to the disclosed under APO in accordance of Critical Circumstances,’’ dated April Department’s choice of facts available. with 19 CFR 351.305. Timely 10, 2002. For this final determination, we are We received no comments from the continuing to apply total adverse facts notification of return/destruction of petitioners or the respondent regarding available to Ispat. APO materials or conversion to judicial our preliminary finding that critical protective order is hereby requested. circumstances exist for imports of cold- Suspension of Liquidation Failure to comply with the regulations rolled steel from India. Therefore, we Pursuant to section 735(c)(1)(B) of the and the terms of an APO is a have not changed our determination and Act, we are instructing the U.S. Customs sanctionable violation. continue to find that critical Service (Customs) to continue to This determination is issued and circumstances exist for imports of cold- suspend liquidation of all entries of published in accordance with sections rolled steel from India. Regarding the cold-rolled steel from India that are 735(d) and 777(i)(1) of the Act. other countries for which we entered, or withdrawn from warehouse,
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Dated: July 10, 2002. Antidumping Duty Investigations: Preliminary Scope Rulings on July 1, Faryar Shirzad, Certain Cold-Rolled Carbon Steel Flat 2002. Assistant Secretary for Import Products From Argentina, Australia, Administration. Belgium, Brazil, France, Germany, Scope of Investigation [FR Doc. 02–18294 Filed 7–18–02; 8:45 am] India, Japan, Korea, the Netherlands, For purposes of this investigation, the BILLING CODE 3510–DS–S New Zealand, the People’s Republic of products covered are certain cold-rolled China, the Russian Federation, South (cold-reduced) flat-rolled carbon-quality Africa, Spain, Sweden, Taiwan, steel products. A full description of the DEPARTMENT OF COMMERCE Thailand, Turkey, and Venezuela, 66 FR scope of this investigation, as well as 54198 (October 26, 2001) (Initiation final decisions on all of the scope International Trade Administration Notice). exclusion requests submitted in the [A–588–859] Since the preliminary determination, context of the concurrent cold-rolled the following events have occurred. We steel investigations is contained in the Notice of Final Determination of Sales gave interested parties an opportunity to at Less Than Fair Value: Certain Cold- ‘‘Scope Appendix’’ attached to the comment on the preliminary Notice of Final Determination of Sales Rolled Carbon Steel Flat Products from determination. No case or rebuttal briefs at Less Than Fair Value: Certain Cold- Japan were submitted. With respect to scope, Rolled Carbon Steel Flat Products from in the preliminary LTFV determinations AGENCY: Import Administration, Australia, published concurrently with in these cases, the Department International Trade Administration, this notice. For a complete discussion of preliminarily excluded certain porcelain Department of Commerce. the comments received on the EFFECTIVE DATE: July 19, 2002. enameling steel from the scope of these investigations. See Scope Appendix to Preliminary Scope Rulings, see the FOR FURTHER INFORMATION CONTACT: the Notice of Preliminary Determination memorandum regarding ‘‘Issues and Mark Hoadley at (202) 482–0666, Office of Sales at Less Than Fair Value: Decision Memorandum for the Final of AD/CVD Enforcement VII, Import Certain Cold-Rolled Carbon Steel Flat Scope Rulings in the Antidumping Duty Administration, International Trade Products from Argentina, 67 FR 31181 Investigations on Certain Cold-Rolled Administration, U.S. Department of (May 9, 2002) (Scope Appendix - Carbon Steel Flat Products from Commerce, 14th Street and Constitution Argentina Preliminary LTFV Argentina, Australia, Belgium, Brazil, Avenue, NW, Washington, DC 20230. Determination). On June 13, 2002, we France, Germany, India, Japan, Korea, SUPPLEMENTARY INFORMATION: issued a preliminary decision on the the Netherlands, New Zealand, the The Applicable Statute and Regulations remaining 75 scope exclusion requests People’s Republic of China, the Russian filed in a number of the on-going cold- Federation, South Africa, Spain, Unless otherwise indicated, all Sweden, Taiwan, Thailand, Turkey, and citations to the statute are references to rolled steel investigations (see the June 13, 2002, memorandum regarding Venezuela, and in the Countervailing the Tariff Act of 1930 (the Act), as Duty Investigations of Certain Cold- amended. In addition, unless otherwise ‘‘Preliminary Scope Rulings in the Rolled Carbon Steel Flat Products from indicated, all citations to the Antidumping Investigations on Certain Argentina, Brazil, France, and Korea,’’ Department of Commerce (Department) Cold-Rolled Carbon Steel Flat Products dated July 10, 2002, which is on file in regulations are to the regulations from Argentina, Australia, Belgium, the CRU. codified at 19 CFR Part 351 (2001). Brazil, France, Germany, India, Japan, Korea, the Netherlands, New Zealand, Analysis of Comments Received Final Determination the People’s Republic of China, the We determine that certain cold-rolled Russian Federation, South Africa, We received no comments from carbon steel flat products (cold-rolled Spain, Sweden, Taiwan, Thailand, interested parties in response to our steel) from Japan are being, or are likely Turkey, and Venezuela, and in the preliminary determination. We did not to be sold, in the United States at less Countervailing Duty Investigations of hold a hearing because none was than fair value (LFTV), as provided in Certain Cold-Rolled Carbon Steel Flat requested. section 735 of the Act. The estimated Products from Argentina, Brazil, France, margins are shown in the ‘‘Suspension and Korea’’ (Preliminary Scope Rulings), Use of Facts Available of Liquidation’’ section of this notice. which is on file in the Department’s Central Records Unit (CRU), room B– In the preliminary determination, the Background 099). We gave parties until June 20, Department applied total adverse facts On May 9, 2002, the Department 2002 to comment on the preliminary available to each mandatory respondent. published its preliminary determination scope rulings, and until June 27, 2002 Specifically, the Department assigned in the above-captioned antidumping to submit rebuttal comments. We the mandatory respondents, Kawasaki duty investigation. See Notice of received comments and/or rebuttal Steel Corporation and Nippon Steel Preliminary Determination of Sales at comments from petitioners and Corporation, the rate of 115.22 percent, Less Than Fair Value: Certain Cold- respondents from various countries the highest rate derived from the Rolled Carbon Steel Flat Products From subject to these investigations of cold- petition. See Preliminary Determination. Japan, 67 FR 31222 (May 9, 2002) rolled steel. In addition, on June 13, The Department based the ‘‘all others’’ (Preliminary Determination). This 2002, North American Metals Company rate on the simple average of the investigation was initiated on October (an interested party in the Japanese margins in the petition, which is 112.56 18, 2001.1 See Notice of Initiation of proceeding) filed a request that the percent. The interested parties did not Department issue a ‘‘correction’’ for an object to the use of adverse facts 1 The petitioners in this investigation are already excluded product. On July 8, available, nor to the Department’s Bethlehem Steel Corporation, LTV Steel Company, 2002, the petitioners objected to this choice of facts available. Therefore, for Inc., Nucor Corporation, Steel Dynamics, Inc., this final determination, we are United States Steel Corporation, WCI Steel, Inc., request. At the request of multiple and Weirton Steel Corporation (collectively, the respondents, the Department held a continuing to apply total adverse facts petitioners). public hearing with respect to the available to each mandatory respondent.
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Suspension of Liquidation Dated: July 10, 2002. Antidumping Duty Investigations: Pursuant to section 735(c)(1)(B) of the Faryar Shirzad, Certain Cold-Rolled Carbon Steel Flat Act, we are instructing the U.S. Customs Assistant Secretary for Import Products From Argentina, Australia, Service (Customs) to continue to Administration. Belgium, Brazil, France, Germany, suspend liquidation of all imports of [FR Doc. 02–18295 Filed 7–18–02; 8:45 am] India, Japan, Korea, the Netherlands, cold-rolled steel from Japan that are BILLING CODE 3510–DS–S New Zealand, the People’s Republic of entered, or withdrawn from warehouse, China, the Russian Federation, South for consumption on or after May 9, 2002 Africa, Spain, Sweden, Taiwan, (the date of publication of the DEPARTMENT OF COMMERCE Thailand, Turkey, and Venezuela, 66 FR Preliminary Determination in the 54198 (October 26, 2001) (Initiation Federal Register). Customs shall International Trade Administration Notice). continue to require a cash deposit or the [A-549-819] Since the preliminary determination, posting of a bond equal to the estimated the following events have occurred. We amount by which the normal value Notice of Final Determination of Sales gave interested parties an opportunity to exceeds the U.S. price as shown below. at Less Than Fair Value: Certain Cold- comment on the preliminary The suspension of liquidation Rolled Carbon Steel Flat Products from determination. No case or rebuttal briefs instructions will remain in effect until Thailand were submitted. With respect to scope, further notice. in the preliminary LTFV determinations AGENCY: We determine that the following Import Administration, in these cases, the Department percentage margins exist: International Trade Administration, preliminarily excluded certain porcelain Department of Commerce. enameling steel from the scope of these Manufacturer/Exporter Margin (percent) EFFECTIVE DATE: July 19, 2002. investigations. See Scope Appendix to FOR FURTHER INFORMATION CONTACT: the Notice of Preliminary Determination Kawasaki Steel Matthew Renkey at (202) 482–2312, or of Sales at Less Than Fair Value: Corporation ...... 115.22 Elfi Blum at (202) 482–0197, Office of Certain Cold-Rolled Carbon Steel Flat Nippon Steel Corporation 115.22 Products from Argentina, 67 FR 31181 All Others ...... 112.56 AD/CVD Enforcement VII, Import Administration, International Trade (May 9, 2002) (Scope Appendix - Argentina Preliminary LTFV ITC Notification Administration, U.S. Department of Commerce, 14th Street and Constitution Determination). On June 13, 2002, we In accordance with section 735(d) of Avenue, NW, Washington, DC 20230. issued a preliminary decision on the the Act, we have notified the remaining 75 scope exclusion requests SUPPLEMENTARY INFORMATION: International Trade Commission (ITC) of filed in a number of the on-going cold- our determination. As our final The Applicable Statute and Regulations rolled steel investigations (see the June determination is affirmative, the ITC 13, 2002, memorandum regarding Unless otherwise indicated, all will determine, within 45 days, whether ‘‘Preliminary Scope Rulings in the citations to the statute are references to these imports are causing material Antidumping Investigations on Certain the Tariff Act of 1930 (the Act), as injury, or threatening material injury, to Cold-Rolled Carbon Steel Flat Products amended. In addition, unless otherwise an industry in the United States. If the from Argentina, Australia, Belgium, indicated, all citations to the ITC determines that material injury, or Brazil, France, Germany, India, Japan, Department of Commerce (Department) threat of injury does not exist, the Korea, the Netherlands, New Zealand, proceeding will be terminated and all regulations are to the regulations at 19 the People’s Republic of China, the securities posted will be refunded or CFR part 351 (2001). Russian Federation, South Africa, cancelled. If the ITC determines that Final Determination Spain, Sweden, Taiwan, Thailand, such injury does exist, the Department Turkey, and Venezuela, and in the We determine that certain cold-rolled will issue an antidumping duty order Countervailing Duty Investigations of carbon steel flat products (cold-rolled directing Customs officials to assess Certain Cold-Rolled Carbon Steel Flat steel) from Thailand are being, or are antidumping duties on all imports of the Products from Argentina, Brazil, France, likely to be sold, in the United States at subject merchandise entered, or and Korea’’ (Preliminary Scope Rulings), less than fair value (LFTV), as provided withdrawn from warehouse, for which is on file in the Department’s in section 735 of the Act. The estimated consumption on or after the effective Central Records Unit (CRU), room B– margins are shown in the ‘‘Suspension date of the suspension of liquidation. 099). We gave parties until June 20, of Liquidation’’ section of this notice. 2002 to comment on the preliminary Notification Regarding APO Background scope rulings, and until June 27, 2002 This notice also serves as a reminder to submit rebuttal comments. We to parties subject to administrative On May 9, 2002, the Department published its preliminary determination received comments and/or rebuttal protective order (APO) of their comments from petitioners and responsibility concerning the in the above-captioned antidumping duty investigation. See Notice of respondents from various countries disposition of proprietary information subject to these investigations of cold- disclosed under APO in accordance Preliminary Determination of Sales at Less Than Fair Value: Certain Cold- rolled steel. In addition, on June 13, with 19 CFR 351.305. Timely 2002, North American Metals Company notification of return/destruction of Rolled Carbon Steel Flat Products From Thailand, 67 FR 31261 (May 9, 2002) (an interested party in the Japanese APO materials or conversion to judicial proceeding) filed a request that the protective order is hereby requested. (Preliminary Determination). This investigation was initiated on October Department issue a ‘‘correction’’ for an Failure to comply with the regulations already excluded product. On July 8, 18, 2001.1 See Notice of Initiation of and the terms of an APO is a 2002, the petitioners objected to this sanctionable violation. request. This determination is issued and 1 The petitioners in this investigation are Bethlehem Steel Corporation, LTV Steel Company, published in accordance with sections Inc., National Steel Corp., Nucor Corporation, Steel WCI Steel, Inc., and Weirton Steel Corporation 735(d) and 777(i)(1) of the Act. Dynamics, Inc., United States Steel Corporation, (collectively, the petitioners).
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At the request of multiple Suspension of Liquidation Dated: July 10, 2002. respondents, a hearing with respect to Pursuant to section 735(c)(1)(B) of the Faryar Shirzad, the Preliminary Scope Rulings was held Act, we are instructing the U.S. Customs Assistant Secretary for Import on July 1, 2002. Service (Customs) to continue to Administration. Scope of Investigation suspend liquidation of all imports of [FR Doc. 02–18296 Filed 7–18–02; 8:45 am] cold-rolled steel from Thailand that are BILLING CODE 3510–DS–S For purposes of this investigation, the entered, or withdrawn from warehouse, products covered are certain cold-rolled for consumption on or after May 9, 2002 (cold-reduced) flat-rolled carbon-quality (the date of publication of the DEPARTMENT OF COMMERCE steel products. A full description of the Preliminary Determination in the scope of this investigation, as well as International Trade Administration Federal Register). Customs shall final decisions on all of the scope continue to require a cash deposit or the [A–401–807] exclusion requests submitted in the posting of a bond equal to the estimated context of the concurrent cold-rolled amount by which the normal value Notice of Final Determination of Sales steel investigations is contained in the exceeds the U.S. price as shown below. at Less Than Fair Value: Certain Cold- ‘‘Scope Appendix’’ attached to the The suspension of liquidation Rolled Carbon Steel Flat Products from Notice of Final Determination of Sales instructions will remain in effect until Sweden at Less Than Fair Value: Certain Cold- further notice. Rolled Carbon Steel Flat Products from AGENCY: Import Administration, We determine that the following International Trade Administration, Australia, published concurrently with percentage margins exist: this notice. For a complete discussion of Department of Commerce. the comments received on the Manufacturer/Exporter Margin (percent) EFFECTIVE DATE: July 19, 2002. Preliminary Scope Rulings, see the FOR FURTHER INFORMATION CONTACT: Jim memorandum regarding ‘‘Issues and Thai Cold-Rolled Steel Terpstra at (202) 482–3965 or Jim Neel Decision Memorandum for the Final Sheet Public at (202) 482–3146 AD/CVD Enforcement Scope Rulings in the Antidumping Duty Company, Limited ...... 142.78 Office VI, Group II, Import Investigations on Certain Cold-Rolled All Others ...... 127.44 Administration, Room 1870, Carbon Steel Flat Products from International Trade Administration, Argentina, Australia, Belgium, Brazil, ITC Notification U.S. Department of Commerce, 14th France, Germany, India, Japan, Korea, In accordance with section 735(d) of Street and Constitution Avenue, NW, the Netherlands, New Zealand, the the Act, we have notified the Washington, DC 20230. People’s Republic of China, the Russian International Trade Commission (ITC) of SUPPLEMENTARY INFORMATION: Federation, South Africa, Spain, our determination. As our final Sweden, Taiwan, Thailand, Turkey, and determination is affirmative, the ITC The Applicable Statute and Regulations Venezuela, and in the Countervailing will determine, within 45 days, whether Unless otherwise indicated, all Duty Investigations of Certain Cold- these imports are causing material citations to the statute are references to Rolled Carbon Steel Flat Products from injury, or threatening material injury, to the provisions effective January 1, 1995, Argentina, Brazil, France, and Korea,’’ an industry in the United States. If the the effective date of the amendments dated July 10, 2002, which is on file in ITC determines that material injury, or made to the Tariff Act of 1930 (the Act) the CRU. threat of injury does not exist, the by the Uruguay Round Agreements Act proceeding will be terminated and all (URAA). In addition, unless otherwise Analysis of Comments Received securities posted will be refunded or indicated, all citations to Department of We received no comments from cancelled. If the ITC determines that Commerce (Department) regulations interested parties in response to our such injury does exist, the Department refer to the regulations codified at 19 preliminary determination. We did not will issue an antidumping duty order CFR part 351 (April 2001). hold a hearing because none was directing Customs officials to assess requested. antidumping duties on all imports of the Final Determination We determine that certain cold-rolled Use of Facts Available subject merchandise entered, or withdrawn from warehouse, for carbon steel flat products (cold-rolled In the Preliminary Determination, the consumption on or after the effective steel) from Sweden are being sold, or are Department applied total adverse facts date of the suspension of liquidation. likely to be sold, in the United States at available to the sole mandatory less than fair value (LTFV), as provided respondent, Thai Cold-Rolled Steel Notification Regarding APO in section 733 of the Act. The estimated Sheet Public Company, Limited (TCR). This notice also serves as a reminder margins of sales at LTFV are shown in Specifically, the Department assigned to parties subject to administrative the Continuation of Suspension of TCR the rate of 142.78 percent, which protective order (APO) of their Liquidation section of this notice. was derived from the highest rate in the responsibility concerning the amended petition. See Preliminary disposition of proprietary information Background Determination, 67 FR at 31262. The disclosed under APO in accordance On May 9, 2002, the Department Department based the ‘‘all others’’ rate with 19 CFR 351.305. Timely published its preliminary determination on the simple average of the margins in notification of return/destruction of in the above-captioned antidumping the amended petition, which is 127.44 APO materials or conversion to judicial duty investigation. See Notice of percent. The interested parties did not protective order is hereby requested. Preliminary Determination of Sales at object to the use of adverse facts Failure to comply with the regulations Less Than Fair Value: Certain Cold- available, nor to the Department’s and the terms of an APO is a Rolled Carbon Steel Flat Products From choice of facts available. Therefore, for sanctionable violation. Sweden, 67 FR 31251 (May 9, 2002) this final determination, we are This determination is issued and (Preliminary Determination). See also continuing to apply total adverse facts published in accordance with sections Notice of Initiation of Antidumping available to the mandatory respondent. 735(d) and 777(i)(1) of the Act. Duty Investigations: Certain Cold-Rolled
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Carbon Steel Flat Products From based on the information available at Use of Facts Available (FA) Argentina, Australia, Belgium, Brazil, the time of selection, or (2) exporters In the Preliminary Determination, the France, Germany, India, Japan, Korea, and producers accounting for the largest Department applied total adverse facts the Netherlands, New Zealand, the volume of the subject merchandise that available to the sole mandatory People’s Republic of China, the Russian can reasonably be examined. Using respondent SSAB and the one voluntary Federation, South Africa, Spain, company-specific export data for the respondent, Sandvik. Specifically, the Sweden, Taiwan, Thailand, Turkey, and period of investigation (POI), based on Department assigned the sole mandatory Venezuela, 66 FR 54198 (October 26, the Harmonized Tariff Schedules of the respondent and the one voluntary 2001) (Initiation Notice). United States (HTSUS) number that respondent the rate of 40.54 percent, the We gave interested parties an corresponds to the subject merchandise, rate derived from the petition. See opportunity to comment on the we obtained information from a variety preliminary determination. Bohler- Preliminary Determination, 67 FR at of sources and found that sixteen 31253–54. The Department also applied Uddeholm was the only party to submit producers/exporters may have exported case briefs in this proceeding, and all of the petition margin of 40.54 as the ‘‘all cold-rolled steel to the United States others’’ rate, as a result of no other rate these pertained to the scope segment of during the POI. According to data on the the investigation. All timely scope- being available. The interested parties record, SSAB Svenskt Stal AB (SSAB) did not object to the use of adverse facts related comments are on the record, but represented a significantly large percent will be addressed in the Issues and available, nor to the Department’s of the imports during the POI. Due to choice of facts available. For this final Decision Memorandum for the Final limited resources, we determined that Scope Rulings in the Antidumping Duty determination, we are continuing to we could only investigate this one apply total adverse facts available to Investigations on Certain Cold-Rolled largest producer/exporter. See Carbon Steel Flat Products from SSAB and Sandvik. Respondent Selection Memo. Argentina, Australia, Belgium, Brazil, Continuation of Suspension of France, Germany, India, Japan, Korea, We designated SSAB as the Liquidation the Netherlands, New Zealand, the mandatory respondent and sent it the People’s Republic of China, the Russian antidumping questionnaire. On In accordance with section Federation, South Africa, Spain, December 7, 2001, SSAB stated that it 735(c)(1)(B) of the Act, we are directing Sweden, Taiwan, Thailand, Turkey, and did not intend to participate in this the Customs Service to continue to Venezuela, and in the Countervailing investigation. On December 7, 2001 we suspend the liquidation of all entries of Duty Investigations of Certain Cold- selected AB Sandvik Steel as a certain cold-rolled steel from Sweden Rolled Carbon Steel Flat Products from voluntary respondent pursuant to 19 that are entered, or withdrawn from Argentina, Brazil, France, and Korea CFR section 351.204(d)(2). See warehouse, for consumption on or after (scope memorandum). Preliminary Determination1, 67 FR at May 9, 2002, the date of publication of On June 28, 2002, Bohler-Uddeholm 31253. the Preliminary Determination in the submitted a case brief on the record of Federal Register. See Notice of the investigation, however this brief Period of Investigation Preliminary Determination of Sales at Less Than Fair Value: Certain Cold- contained only scope comments. The The POI is July 1, 2000, through June Rolled Carbon Steel Flat Products From deadline for submitting case briefs with 30, 2001. This period corresponds to the Sweden, 67 FR 31251 (May 9, 2002). respect to scope issues was June 20, four most recent fiscal quarters prior to The Customs Service shall continue to 2002 and rebuttal comments on scope the month of the filing of the petition require a cash deposit or the posting of were due June 27, 2002. On July 3, the (i.e., September 2001). petitioners filed a request that the a bond equal to the weighted-average Department reject the June 28 Bohler- Scope of Investigation dumping margin, as indicated in the Uddeholm brief as untimely. Because chart below. These suspension of Bohler-Uddeholm’s June 28 submission For purposes of this investigation, the liquidation instructions will remain in contained only scope comments, we products covered are certain cold-rolled effect until further notice. rejected the comments as untimely filed (cold-reduced) flat-rolled carbon-quality and did not retain it on the record of steel products. A full description of the Manufacturer/exporter Margin (percent) scope of this investigation is contained this proceeding. See the memo to the SSAB Svenskt Stal AB ... 40.54 file regarding the Antidumping Duty in the ‘‘Scope Appendix’’ attached to the Notice of Final Determination of AB Sandvik Steel ...... 40.54 Investigation of Certain Cold-Rolled All Others ...... 40.54 Carbon Steel Flat Products from Sales at Less Than Fair Value: Certain Cold-Rolled Carbon Steel Flat Products Sweden, dated July 2, 2002. ITC Notification The Department did not receive any from Australia, published concurrently comments regarding our preliminary with this notice. For a complete In accordance with section 735(d) of determination. discussion of the comments received on the Act, we have notified the the Preliminary Scope Rulings, see the International Trade Commission (ITC) of Selection of Respondents scope memorandum dated July 10, our determination. As our final Section 777A(c)(1) of the Act directs 2002, which is on file in the CRU. determination is affirmative, the ITC the Department to calculate individual will determine, within 45 days, whether dumping margins for each known 1 After Sandvik informed the Department that it these imports are causing material exporter and producer of the subject would not participate in this investigation, Sandvik injury, or threat of material injury, to an requested the removal of its submissions from the industry in the United States. If the ITC merchandise. Where it is not practicable record of this proceeding. In a letter to Sandvik to examine all known producers/ dated April 25, 2002, the Department certified the determines that material injury, or exporters of subject merchandise, removal and destruction of all proprietary copies of threat of injury does not exist, the section 777A(c)(2) of the Act permits the Sandvik’s questionnaire responses. Additionally, proceeding will be terminated and all the Department informed Sandvik that its securities posted will be refunded or Department to investigate either (1) a withdrawal from the investigation would result in sample of exporters, producers, or types the use of facts available pursuant to section 776 of cancelled. If the ITC determines that of products that is statistically valid the Act. such injury does exist, the Department
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will issue an antidumping duty order instrument is intended to be used to experiments will be carried out on rocks directing Customs officials to assess understand chemical composition and with very low strengths. Also, antidumping duties on all imports of the electronic bonding at the nanoscale. experiments will be carried out on rock subject merchandise entered, or Materials to be investigated are metals, and mineral samples jacketed in iron withdrawn from warehouse, for ceramics, semiconductors and tubing, and to study the rate of melt consumption on or after the effective superconductors. Application accepted migration through partially molten date of the suspension of liquidation. by Commissioner of Customs: June 13, rocks and the rate of hydrogen diffusion 2002. into silicate minerals, particularly Notification Regarding APO Docket Number: 02–026. Applicant: olivine. The instrument will also be This notice also serves as a reminder University of North Carolina at Chapel used for educational purposes in the to parties subject to administrative Hill, Department of Physics & following courses: (1) Solid-Earth protective order (APO) of their Astronomy, CB# 3255, Chapel Hill, NC Geophysics III: Rock and Mineral responsibility concerning the 27599–3255. Instrument: Electron Physics and (2) Geodynamics II: The disposition of proprietary information Microscope, Model JEM–2010F Fluid Earth. Application accepted by disclosed under APO in accordance FasTEM. Manufacturer: JEOL Ltd., Commissioner of Customs: June 30, with 19 CFR 351.305. Timely Japan. Intended Use: The instrument is 2002. notification of return/destruction of intended to be used to study carbon Docket Number: 02–29. Applicant: APO materials or conversion to judicial nanotubes and other nanostructured University of Delaware, 223 Sharp Lab, protective order is hereby requested. materials such as diamond thin films to Newark, DE 19716. Instrument: Electron Failure to comply with the regulations (1) reveal the atomics structure and the Microscope, Model JEM–3010. and the terms of an APO is a morphological evolutions of carbon Manufacturer: JEOL Ltd., Japan. sanctionable violation. nanotubes produced under various Intended Use: The instrument is This determination is issued and different conditions and (2) manipulate intended to be used in microstructural published in accordance with sections the structures in situ to achieve the investigations of magnetic materials 735(d) and 777(i)(1) of the Act. desired properties and performance. such as FePt, CoPt, SmCo and NdFeB to DATED: July 10, 2002. Application accepted by Commissioner develop an understanding of the effect of Customs: June 21, 2002. Faryar Shirzad, of process parameter on the magnetic Docket Number: 02–27. Applicant: materials being developed for Assistant Secretary for Import Pennsylvania State University, 195 Administration. permanent magnet and magnetic Materials Research Institute Building, recording technologies. Application [FR Doc. 02–18297 Filed 7–18–02; 8:45 am] University Park, PA 16802. Instrument: BILLING CODE 3510–DS–S accepted by Commissioner of Customs: Electron Microscope, Model JEM–2010F July 3, 2002. FasTEM. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument is Gerald A. Zerdy, DEPARTMENT OF COMMERCE intended to be used to study an array of Program Manager, Statutory Import Programs Staff. International Trade Administration interfacial dopants by systematically varying dopant effective charge, ionic [FR Doc. 02–18292 Filed 7–18–02; 8:45 am] Applications for Duty-Free Entry of radius and electronegativity. The BILLING CODE 3510–DS–P Scientific Instruments structure and chemistry of materials from the atomic to nanometer length Pursuant to section 6(c) of the scales will be studied, with particular DEPARTMENT OF DEFENSE Educational, Scientific and Cultural emphasis on the structure of material Materials Importation Act of 1966 (Pub. defects. Experiments to be conducted GENERAL SERVICES L. 89–651; 80 Stat. 897; 15 CFR part include: (1) Quantification of interfacial ADMINISTRATION 301), we invite comments on the segregation in oxide ceramics and question of whether instruments of correlation of segregation with interface NATIONAL AERONAUTICS AND equivalent scientific value, for the crystallography, (2) high-resolution SPACE ADMINISTRATION purposes for which the instruments imaging of carbon nanotubes and (3) shown below are intended to be used, phase identification of catalysts. [OMB Control No. 9000–0010] are being manufactured in the United Application accepted by Commissioner Federal Acquisition Regulation; States. of Customs: June 24, 2002. Submission for OMB Review; Progress Comments must comply with 15 CFR Docket Number: 02–28. Applicant: Payments 301.5(a) (3) and (4) of the regulations University of Minnesota, Department of and be filed within 20 days with the Geology & Geophysics, 310 Pillsbury AGENCIES: Department of Defense (DOD), Statutory Import Programs Staff, U.S. Drive SE, ste 108, Minneapolis, MN General Services Administration (GSA), Department of Commerce, Washington, 55455. Instrument: High-Pressure/High- and National Aeronautics and Space DC 20230. Applications may be Temperature Materials Testing Administration (NASA). examined between 8:30 a.m. and 5 p.m. Apparatus with Torsion Module. ACTION: Notice of request for public in Suite 4100W, U.S. Department of Manufacturer: Australian Scientific comments regarding an extension to an Commerce, Franklin Court Building, Instruments Pty Ltd, Australia. Intended existing OMB clearance (9000–0010). 1099 14th Street, NW., Washington, DC. Use: The instrument is intended to be Docket Number: 02–025. Applicant: used to study the mechanical properties SUMMARY: Under the provisions of the Lawrence Berkeley National Laboratory, of rocks and silicate minerals and to Paperwork Reduction Act of 1995 (44 One Cyclotron Road, Procurement M/S investigate the strength of the minerals U.S.C. chapter 35), the Federal 937–200, Berkeley, CA 94720. olivine, clinopyroxene, plagioclase and Acquisition Regulation (FAR) Instrument: Electron Microscope, Model enstatite to temperatures of 1650 K, to Secretariat has submitted to the Office Tecnai G2 F20 U–TWIN STEM. hyrdrostatic pressure of 700 Mpa, and to of Management and Budget (OMB) a Manufacturer: FEI Company, The uniaxial loads of 100 kN. Both request to review and approve an Netherlands. Intended Use: The compressive creep and triaxial torsion extension of a currently approved
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information collection requirement the General Services Administration, traditional (e.g., NATO allies) and non- concerning progress payments. A FAR Secretariat (MVP), Room 4035, traditional (e.g., that Afghan Northern request for public comments was 1800 F Street, NW., Washington, DC Alliance). The Board will then published in the Federal Register at 67 20405, telephone (202) 501–4755. Please recommend steps to pursue and FR 34683, on May 15, 2002. No cite OMB Control No. 9000–0010, implement the new and enhanced comments were received. Progress Payments, in all operational capabilities it identifies. Public comments are particularly correspondence. In accordance with Section 10(d) of invited on: Whether this collection of Dated: July 16, 2002. the Federal Advisory Committee Act, information is necessary for the proper Al Matera, Public Law 92–463, as amended (5 performance of functions of the FAR, U.S.C. App. II), it has been determined Director, Acquisition Policy Division. and whether it will have practical that these Defense Science Board utility; whether our estimate of the [FR Doc. 02–18304 Filed 7–18–02; 8:45 am] meetings concern matters listed in 5 public burden of this collection of BILLING CODE 6820–EP–P U.S.C. 552b(c)(1) and that, accordingly, information is accurate, and based on the meetings will be closed to the public valid assumptions and methodology; DEPARTMENT OF DEFENSE Dated: July 12, 2002. ways to enhance the quality, utility, and Patricia L. Toppings, clarity of the information to be Office of the Secretary Alternate OSD Federal Register Liaison collected; and ways in which we can Officer, Department of Defense. minimize the burden of the collection of Defense Science Board Advisory [FR Doc. 02–18187 Filed 7–18–02; 8:45 am] information on those who are to Committee Meeting respond, through the use of appropriate BILLING CODE 5001–08–M technological collection techniques or AGENCY: Department of Defense. other forms of information technology. ACTION: Notice of advisory committee meeting. DEPARTMENT OF DEFENSE DATES: Submit on or before August 19, 2002. SUMMARY: The Defense Science Board Department of the Army ADDRESSES: Submit comments regarding Summer Study will meet in closed this burden estimate or any other aspect session on August 5–16, 2002, at the Inland Waterways Users Board; of this collection of information, Beckman Center, Irvine, CA. At these Request for Nominations including suggestions for reducing this meetings, the Defense Science Board AGENCY: Department of the Army, DOD. burden to: FAR Desk Officer, OMB, will discuss interim findings and ACTION: Notice. Room 10102, NEOB, Washington, DC recommendations resulting from two 20503, and a copy to the General ongoing Task Force activities: Missile SUMMARY: Section 302 of the Public Law Services Administration, FAR Defense and Special Operations and 99–662 established the Inland Secretariat (MVP), 1800 F Street, NW., Joint Forces in Support of Countering Waterways Users Board. The Board is an Room 4035, Washington, DC 20405. Terrorism. independent Federal advisory FOR FURTHER INFORMATION CONTACT: The mission of the Defense Science committee. The Secretary of the Army Jeremy F. Olson, Acquisition Policy Board is to advise the Secretary of appoints its 11 members. This notice is Division, GSA (202) 501–3221. Defense and the Under Secretary of to solicit nominations for seven (7) SUPPLEMENTARY INFORMATION: Defense for Acquisition, Technology & appointments or reappointments to two- Logistics on scientific and technical year terms that will begin January 1, A. Purpose matters as they affect the perceived 2003. needs of the Department of Defense. At Certain Federal contracts provide for ADDRESSES: Office of the Assistant these meetings, the Board will develop progress payments to be made to the Secretary of the Army (Civil Works), recommendations that help guide the contractor during performance of the Department of the Army, Washington, ballistic missile defense system (BMDS) contract. The requirement for DC 20310–0103. Attention: Inland toward a fully integrated, layered certification and supporting information Waterways Users Board Nominations defense capable of defeating ballistic are necessary for the administration of Committee. statutory and regulatory limitation on missiles in any phase of their flight by the amount of progress payments under examining five areas: Counter- FOR FURTHER INFORMATION CONTACT: a contract. The submission of countermeasures; boost phase Office of the Assistant Secretary of the supporting cost schedules is an optional technology; battle management and Army (Civil Works) (703) 697–8986. procedure that, when the contractor command, control, and SUPPLEMENTARY INFORMATION: The elects to have a group of individual communications; international selection, service, and appointment of orders treated as a single contract for cooperation; and the evolution of Board members are covered by progress payments purposes, is ballistic missile threats. provisions of Section 302 of Public Law necessary for the administration of The Board will also review all 99–662. The substance of those statutory and regulatory requirements elements of the future joint force, provisions is as follows: concerning progress payments. including Special Operation Forces that a. Selection. Members are to be can contribute to military campaigns. selected from the spectrum of B. Annual Reporting Burden They will address how to: Enhance and commercial carriers and shippers using Respondents: 27,000. best integrate information, maneuver the inland and intracoastal waterways to Responses Per Respondent: 32. and fires (kinetic and other, lethal and represent geographical regions, and to Annual Responses: 864,000. otherwise); deploy, sustain and protect be representative of waterborne Hours Per Response: .55. the joint force in these missions, commerce as determined by commodity Total Burden Hours: 475,000. particularly in remote locations and in ton-miles statistics. Obtaining Copies of Proposals: the face of counter-access measures; b. Service. The Board is required to Requesters may obtain a copy of the and, exploit and leverage the meet at least semi-annually to develop information collection documents from contributions of coalition partners both and make recommendations to the
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Secretary of the Army on waterways Farm and Food Products; (2) Coal and DEPARTMENT OF DEFENSE construction and rehabilitation Coke; (3) Petroleum, Crude and priorities and spending levels for Products; (4) Minerals, Ores, and Department of the Army commercial navigation improvements, Primary Metals and Mineral Products; Armament Retooling and and report its recommendations (5) Chemicals and Allied Products; and Manufacturing Support Executive annually to the Secretary and Congress. (6) All other. A consideration in the Advisory Committee; Meeting c. Appointment. The operation of the selection of Board members will be that Board and appointment of its members the commodities carried or shipped by AGENCY: Department of the Army, DoD. are subject to the Federal Advisory those individuals or their firms will be ACTION: Notice of meeting. Committee Act (Pub. L. 92–463, as reasonably representative of the above amended) and departmental commodity categories. SUMMARY: Pursuant to Public Law 92– implementing regulations. Members 463, notice is hereby given of the next serve without compensation but their d. Nomination. Reflecting preceding meeting of the Armament Retooling and expenses due to Board activities are selection criteria, the current Manufacturing Support (ARMS) reimbursable. The considerations representation by the seven (7) Board Executive Advisory Committee (EAC). specified in Section 302 for the members whose terms expire December The EAC encourages the development of selection of the Board members, and 31, 2002 is one member representing new and innovative methods to certain terms used therein, have been region 1, one member representing optimize the asset value of the interpreteted, supplemented, or region 2, two members representing Government-Owned, Contractor- otherwise clarifeid as follows: region 3, one member representing Operated ammunition industrial base (1) Carriers and Shippers. The law region 4, one member representing for peacetime and national emergency uses the terms ‘‘primary users and region 5, and one member representing requirements, while promoting shippers.’’ Primary users have been region 6. Also, these Board members economical and efficient processes at interpreted to mean the providers of represent five carriers, one shipper, and minimal operating costs, retention of transportation services on inland critical skills, community economic waterways such as barge or towboat one shipper/carrier. Two of the seven members whose terms expire December benefits, and a potential model for operators. Shippers have been defense conversion. The U.S. Army, interpreted to mean the purchasers of 31, 2002, are eligible for reappointment. Operations Support Command, will host such services for the movement of Nominations to replace Board members this meeting. The purpose of the commodities they own or control. whose terms expire December 31, 2002, meeting is to update the EAC and public Individuals are appointed to the Board, may be made by individuals, firms or on the status of ongoing actions, new but they must be either a carrier or associations. Nominations will: items of interest, and suggested future shipper, or represent a firm that is a (1) State the region to be represented. direction/actions. Topics for this carrier or shipper. For that purpose a meeting will include: ARMS Loan trade or regional association is neither a (2) State whether the nominee is Program; Effects of TIM on shipper or primary user. representing carriers, shippers or both. (2) Geographical Representation. The (3) Provide information on the Consideration; Security Issues; and law specifies ‘‘various’’ regions. For the nominee’s personal qualifications. Arsenal Support Program Initiative purpose of selecting Board members, the Update. This meeting is open to the (4) Include the commercial operations public. waterways subjected to fuel taxes and of the carrier and/or shipper with whom described in Public Law 95–502, as Date of Meeting: August 28–29, 2002. the nominee is affiliated. This amended, have been aggregated into six Place of Meeting: Isle of Capri Hotel, commercial operations information will regions. They are (1) the Upper 1777 Isle Parkway, Bettendorf, IA Mississippi River and its tributaries show the actual or estimated ton-miles 52722. Time of Meeting: 8:30 a.m.–5 p.m. on above the mouth of the Ohio; (2) the of each commodity carried or shipped Lower Mississippi River and its on the inland waterways system in a August 28 and 7:30 a.m.–12 p.m. on tributaries below the mouth of the Ohio recent year (or years) using the August 29. and above Baton Rouge; (3) the Ohio waterway regions and commodity FOR FURTHER INFORMATION CONTACT: Mr. River and its tributaries; (4) the Gulf categories previously listed. Mike Perez, U.S. Army Operations intracoastal Waterway in Louisiana and Nominations received in response to Support Command, and Attn: AMSOS– CCM–I, Rock Island Arsenal, IL 61299, Texas; (5) the Gulf Intracoastal last year’s Federal Register notice (66 phone (309) 782–3360. Waterway east of New Orleans and FR 36757) published on July 13, 2001 associated fuel-taxed waterways have been retained for consideration. SUPPLEMENTARY INFORMATION: A block of including the Tennessee-Tombigbee, Renomination is not required but may rooms has been reserved at the Isle of Capri Hotel for the nights of August 27– plus the Atlantic Intracoastal Waterway be desirable. below Norfolk; and (6) the Columbia- 28, 2002. The Isle of Capri Hotel is Snake Rivers System and Upper e. Deadline for Nominations. All located at 1777 Isle Parkway, Willamette. The intent is that each nominations must be received at the Bettendorf, Iowa 52722, local phone region shall be represented by at least address shown above no later than (563) 359–7280. Please make your one Board member, with that August 31, 2002. reservations by calling 800–724–5825. Be sure to mention the guest code representation determined by the Luz D. Ortiz, regional concentration of the acronym ARMS Meeting. Reserve your individual’s traffic on the waterways. Army Federal Register Liaison Officer. room prior to August 8th to get the (3) Commodity Representation. [FR Doc. 02–18274 Filed 7–18–02; 8:45 am] Government Rate of $55.00 a night. Also Waterway commerce has been BILLING CODE 3710–92–M notify this office of your attendance by aggregated into six commodity notifying Mike Perez, categories based on ‘‘inland’’ ten-miles [email protected], and (309) 782– shown in Waterborne Commerce of the 3360 (DSN 793–3360). To insure United States. These categories are (1) adequate arrangements (transportation,
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conference facilities, etc.) for all of the Comprehensive Everglades d. Issues: The DEIS will consider attendees, we request your attendance Restoration Plan (CERP) as authorized impacts on water quality, ecosystem notification with this office by August 8, in Title VI of WRDA 2000 (Pub. L. 105– habitat, threatened and endangered 2002. Corporate casual is meeting attire. 541, Section 601). Therefore, these two species, health and safety, aesthetics projects were included in the CERP and recreation, fish and wildlife Luz D. Ortiz, Design Agreement between the Corps resources, cultural resources, water Army Federal Register Liaison Officer. and the local sponsor, SFWMD, and availability, flood protection, and other [FR Doc. 02–18273 Filed 7–18–02; 8:45 am] required design studies are now potential impacts identified through BILLING CODE 3710–08–M proceeding. scoping, public involvement, and b. Project Scope: The Pilot project will interagency coordination. determine the feasibility of ASR DEPARTMENT OF DEFENSE technology for water storage at each site, e. Scoping: An initial public the water quality characteristics of workshop was held in West Palm Beach Department of the Army; Corps of source waters, native subsurface waters on January 2001 to introduce the Lake Engineers and recovered waters, appropriate water Okeechobee pilot project plan and gather comments. In addition, a public Intent To Prepare a Draft treatment requirements, and recommend operational goals for a full workshop was held in West Palm Beach Environmental Impact Statement for on January 2002 to identify public the Lake Okeechobee Aquifer Storage scale ASR project at Lake Okeechobee. As proposed, the pilot project would concerns related to ASR technology and and Recovery Pilot Project at Three regional implementation. A scoping Sites Adjacent to Lake Okeechobee, include construction at 3 locations of one ASR well, a surface water intake letter will be issued in July 2002 to With Components in Martin, interested parties. All parties are invited Okeechobee, and Glades Counties, FL and discharge system, pre-injection and post recovery water treatment facilities, to participate in the scoping process by AGENCY: Department of the Army, U.S. and other associated piping, treatment identifying any additional concern on Army Corps of Engineers. systems, and surface facilities. Each issues, studies needed, alternatives, procedures, and other matters related to ACTION: Notice of intent. ASR well will be used to store and recover freshwater in the upper the scoping process. At this time, there SUMMARY: The Jacksonville District, U.S. Floridian Aquifer System. After is no plan for a public scoping meeting. Army Corps of Engineers (Corps), preliminary analysis of collected data, f. Public Involvement: We invite the intends to prepare an integrated Pilot one site will be chosen for construction participation of affected Federal, state Project Design Report and Draft of 2 additional ASR wells and and local agencies, affected Indian Environmental Impact Statement (DEIS) associated pumps, piping, water tribes, and other interested private for the Lake Okeechobee Aquifer treatment facilities and monitoring organizations and parties. Storage and Recovery (ASR) Pilot wells, in order to test the effects of a multi-well facility. g. Coordination: The proposed action Project. The study is a cooperative effort is being coordinated with the U.S. Fish between the Corps and the South Operational plans for the test pilot are to collect surface water from adjacent and Wildlife Services (FWS) and the Florida Water Management District National Marine Fisheries Service under (SFWMD), which is also a cooperating canal or tributaries, treat collected water to applicable drinking water quality Section 7 of the Endangered Species agency for this DEIS. One of the Act, with the FWS under the Fish and recommendations of the final report of standards, and inject water into the Floridian Aquifer System for a Wildlife Coordination Act, and with the the Central & South Florida (C&SF) State Historic Preservation Officer. Comprehensive Review Study (Restudy) minimum of two cycle tests. Each cycle was the Lake Okeechobee ASR Pilot test includes a period of water storage h. Other Environmental Review and Project. This project will determine the followed by a period of recovery and Consultation: The proposed action feasibility of using ASR technology for discharge. Recovered water will be would involve evaluation for water storage and the treatment regimes monitored and treated, if needed, to compliance with guidelines pursuant to needed for an operational ASR well insure compliance with appropriate Section 404(b) of the Clean Water Act; system. It will also collect scientific data water quality standards prior to certification of state lands, easements to address the uncertainties associated discharge into surface water or canal. and right of ways, and determination of with the ASR technology and for future c. Preliminary Alternatives: Coastal Zone Management Act optimization and design studies. Formulation of alternative plans will consistency. involve the selection of the most FOR FURTHER INFORMATION CONTACT: Ms. suitable site for the ASR wells, surface i. Agency Role: As the cooperating Rebecca Weiss, U.S. Army Corps of water collection system configuration, agency, non-Federal sponsor, and Engineers, Planning Division, water treatment technologies, leading local expert, SFWMD will Environmental Branch, P.O. Box 4970, investigation of intake and discharge provide information and assistance on Jacksonville, FL 32232–0019, telephone sites, and investigation of best the resources to be impacted and (904) 899–5025. configuration of surface facilities of the alternatives. SUPPLEMENTARY INFORMATION: project. The DEIS will include an j. DEIS Preparation: The integrated a. Authorization: Section 101(a)(16) of evaluation of adverse environmental Pilot Project Design Report, including a the Water Resources Development Act impacts, including but not limited to, DEIS, is currently estimated for of 1999 (WRDA 1999) (Pub. L. 106–53) water quality, socio-economic, publication in November 2003. authorized construction of two pilot archaeological and biological. In Dated: July 10, 2002. projects, Lake Okeechobee ASR and addition to adverse impacts, the Hillsboro ASR. Although these two pilot evaluation will also focus on how well James C. Duck, projects were authorized separate from the plans perform with regard to Chief, Planning Division. the Central and Southern Florida specific technologic performance [FR Doc. 02–18272 Filed 7–18–02; 8:45 am] Project, they are also integral elements measures. BILLING CODE 3710–AJ–M
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DEPARTMENT OF DEFENSE achievement and narrowing Local-Flex proposal. LEAs that fail to achievement gaps. provide the notification may still submit Department of the Navy Eligible Applicants: LEAs in the an application by the application following States are eligible to apply for deadline. Notice of Availability of Government- Local-Flex: Alaska, Arkansas, California, SUPPLEMENTARY INFORMATION: Sections Owned Invention; Available for Connecticut, Georgia, Idaho, Indiana, 6151 through 6156 of the Elementary Licensing Iowa, Kansas, Kentucky, Louisiana, and Secondary Education Act of 1965 Maine, Maryland, Michigan, Minnesota, AGENCY: Department of the Navy, DOD. (ESEA), as amended by the No Child Mississippi, Missouri, Montana, ACTION: Notice. Left Behind Act of 2001 (P.L. 107–110), Nevada, New Hampshire, New Jersey, authorize the Secretary of Education to SUMMARY: New Mexico, New York, North Carolina, The invention listed below is enter into local flexibility demonstration North Dakota, Ohio, Oklahoma, Oregon, assigned to the United States agreements (‘‘Local-Flex’’ agreements) Government as represented by the Rhode Island, South Carolina, South with up to eighty LEAs. The Secretary Secretary of the Navy and is available Dakota, Utah, Vermont, Virginia, will select Local-Flex LEAs on a for licensing by the Department of the Washington, West Virginia, Wisconsin, competitive basis in accordance with Navy. U.S. Patent No. 6,393,327 entitled and Wyoming. the selection criteria contained in a ‘‘Microelectronic Stimulator Array’’, By statute, the Secretary may enter notice published elsewhere in this issue Navy Case No. 82,449. into Local-Flex agreements with no more than three LEAs in a State. of the Federal Register. The application ADDRESSES: Requests for copies of the requirements and a description of the patent cited should be directed to the Therefore, any consortium that seeks a Local-Flex agreement may include no application process are also provided in Naval Research Laboratory, Code 1004, that notice. 4555 Overlook Avenue, SW., more than three LEAs. Furthermore, The Secretary intends to select up to Washington, DC 20375–5320, and must only LEAs that receive formula grant forty LEAs for participation in Local- include the Navy Case number. funds from their State educational agency (SEA) under the Federal Flex under this competition, and will FOR FURTHER INFORMATION CONTACT: programs subject to consolidation may select the remaining LEAs in a Catherine M. Cotell, Ph.D., Head, seek Local-Flex authority. subsequent competition. Technology Transfer Office, NRL Code LEAs in the following States may not FOR FURTHER INFORMATION CONTACT: Ms. 1004, 4555 Overlook Avenue, SW., apply at this time because their SEA Milagros Lanauze. Telephone: (202) Washington, DC 20375–5320, telephone indicated, by May 8, 2002, an intent to 401–0039 or via Internet: (202) 767–7230. Due to temporary U.S. apply for State-Flex authority: Alabama, [email protected]. Postal Service delays, please fax (202) Arizona, Colorado, Delaware, Florida, If you use a telecommunications 404–7920, E-Mail: [email protected] Illinois, Massachusetts, Nebraska, device for the deaf (TDD), you may call or use courier delivery to expedite Pennsylvania, Tennessee, and Texas. In the Federal Information Relay Service response. addition, the District of Columbia, (FIRS) at 1–800–877–8339. Individuals Authority: 35 U.S.C. 207, 37 CFR part 404 Hawaii, Puerto Rico, and the outlying with disabilities may obtain this notice Dated: July 12, 2002. areas are not eligible to apply for Local- in an alternative format (e.g., Braille, R.E. Vincent II, Flex because, for purposes of this large print, audiotape, or computer Lieutenant Commander, Judge Advocate program, the legislation considers a diskette) on request to the contact General’s Corps, U.S. Navy, Federal Register state-wide LEA to be an SEA. person listed above. Liaison Officer. Under the legislation, a State Applications: You may obtain a copy [FR Doc. 02–18202 Filed 7–18–02; 8:45 am] generally cannot receive State-Flex of the application on the Department’s BILLING CODE 3810–FF–P authority if one of its LEAs has entered Web site at: http://www.ed.gov/ into a Local-Flex agreement with the flexibility/#prog. Secretary. If an LEA enters into a Local- You may also obtain a copy of the DEPARTMENT OF EDUCATION Flex agreement with the Secretary, its application from the contact person SEA may subsequently seek State-Flex identified under FOR FURTHER Local Flexibility Demonstration authority only if that LEA agrees to be INFORMATION CONTACT. part of the SEA’s State-Flex proposal. Program: Office of Elementary and Electronic Access to This Document Secondary Education, Department of Applications Available: September Education; Notice Inviting Applications 17, 2002. You may view this document, as well for the Local Flexibility Demonstration Deadline for Transmittal of as other Department of Education Program Applications: September 17, 2002. documents published in the Federal Notification of Intent to Apply for Register in text or Adobe Portable Purpose of the Program: To provide Local-Flex: We will be able to develop Document Format (PDF) on the Internet local educational agencies (LEAs) with a more efficient process for reviewing at the following site: www.ed.gov/ high-quality local flexibility Local-Flex applications if we have a legislation/FedRegister. demonstration proposals an opportunity better understanding of the number of To use PDF you must have Adobe to enter into local flexibility LEAs that intend to seek participation in Acrobat Reader, which is available free demonstration agreements (‘‘Local-Flex’’ the program. Therefore, we strongly at this site. If you have questions about agreements) with the Secretary. The encourage each potential applicant to using PDF, call the U.S. Government LEAs that the Secretary selects to send, by August 19, 2002, a notification Printing Office (GPO), toll-free, at 1– participate in the Local-Flex program of its intent to apply for participation in 888–293–6498; or in the Washington will have the flexibility to consolidate the Local-Flex program to the following DC, area at (202) 512–1530. certain Federal formula grant funds in address: [email protected]. Note: The official version of this document order to assist them in meeting the The notification of intent to apply for is the document published in the Federal State’s definition of adequate yearly participation in Local-Flex is optional Register. Free Internet access to the official progress and the LEA’s specific and should not include information version of the Federal Register and the Code measurable goals for improving student regarding the potential applicant’s of Federal Regulations is available on GPO
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access at: www.access.gpo.gov/nara/ Discussion: Recognizing that States this process, an SEA initially decided index.html. are in the process of developing State whether it intended to apply for State- AYP definitions to meet the Flex authority and to preclude its LEAs Program Authority: Sections 6151 through requirements in the reauthorized ESEA from entering into Local-Flex 6156 of the ESEA, as amended by the No Child Left Behind Act of 2001 (P.L. 107–110). we are requesting LEAs to submit the agreements with the Secretary. If an best available disaggregated baseline SEA chose not to notify the Department, Dated: July 15, 2002. data. These data should be based on by May 8, 2002, that it intended to Susan B. Neuman, assessments consistent with section apply for State-Flex, its LEAs may Assistant Secretary for Elementary and 1111(b)(3) of the predecessor ESEA. participate in the Local-Flex Secondary Education. Changes: We have clarified that, in competition. [FR Doc. 02–18306 Filed 7–18–02; 8:45 am] submitting baseline academic data, Once an LEA in a State has entered BILLING CODE 4000–01–P LEAs must provide student achievement into a Local-Flex agreement, an SEA data from assessments consistent with may subsequently receive State-Flex section 1111(b)(3) of the predecessor authority only if any LEA in the State DEPARTMENT OF EDUCATION ESEA. with a Local-Flex agreement agrees to be Comment: One commenter suggested part of the SEA’s State-Flex proposal. Local Flexibility Demonstration that after revising its goals based on the Changes: In the notice inviting Program State’s new AYP definition, an LEA applications published elsewhere in this AGENCY: Office of Elementary and should be required to submit its revised issue of the Federal Register, we have Secondary Education, Department of goals to the Secretary. clarified that if an LEA has entered into Response: The Secretary had intended Education. a Local-Flex agreement with the that an LEA be required to submit these Secretary and its SEA later seeks to ACTION: Notice of final application revised goals as part of a proposed apply for State-Flex authority, the SEA requirements, selection criteria, and amendment to its Local-Flex agreement. may not force the LEA to be part of the application process. Changes: We have clarified that an State-Flex proposal. The SEA may seek SUMMARY: The Secretary announces final LEA must not only revise its goals, as State-Flex only if each of its LEAs that application requirements, selection necessary, after the State develops the has a Local-Flex agreement with the criteria, and the application process for State AYP definition, but that it must Secretary agrees to be part of the SEA’s the Local Flexibility (Local-Flex) also submit the revised goals to the submission. SEAs and LEAs are Demonstration Program. Secretary as part of a proposed encouraged to work cooperatively to amendment to its Local-Flex agreement. minimize potential disputes regarding EFFECTIVE DATE: August 19, 2002. We have also clarified that LEAs must the implementation of State-Flex and SUPPLEMENTARY INFORMATION: On submit any revised strategies for Local-Flex. February 22, 2002, we published in the reaching those goals. Comment: One commenter suggested Federal Register (67 FR 8442–8444) a Comment: Two commenters that applicants be required to submit the notice of proposed application expressed concern about the following information to enable the requirements, selection criteria, and relationship between LEAs that have Secretary to evaluate whether they are application process for the Local-Flex entered into Local-Flex agreements and focusing on serving the needs of program, which is authorized under State educational agencies (SEAs) that students most at risk of educational sections 6151 through 6156 of the subsequently seek State-Flex authority failure: (1) The number and percentage Elementary and Secondary Education under sections 6141 through 6144 of the of schools in the district that qualify for Act (ESEA), as amended by the No ESEA. One of the commenters indicated schoolwide programs; (2) The amount of Child Left Behind Act of 2001 (Pub. L. that an SEA seeking State-Flex authority local education funds spent per pupil at 107–110). This notice announces final should not be required to incorporate Title I schools compared to the per- application requirements, selection Local-Flex agreements into its State-Flex pupil spending at non-Title I schools; criteria, and the application process for proposal, and the other commenter said and (3) Any formula the district would the program. that an LEA should not be forced to use to target consolidated Federal funds Note: This notice does not solicit incorporate its Local-Flex agreement to students most at risk of education applications. A notice inviting applications into its SEA’s State-Flex proposal. failure. under the Local-Flex competition is Response: Under the legislation, the Discussion: An applicant must submit published separately in this issue of the Secretary may enter into Local-Flex detailed baseline academic data and Federal Register. agreements only with LEAs in States specific measurable goals, with annual that do not have State-Flex authority. objectives, that it seeks to achieve by Analysis of Comments and Changes Furthermore, if an SEA notified the consolidating and using funds in Four parties submitted various Secretary, by May 8, 2002, that it accordance with the terms of its comments in response to the notice of intended to apply for State-Flex proposed agreement. The goals must proposed application requirements, authority, an LEA in that State is relate to raising student achievement selection criteria, and application precluded from applying for Local-Flex and narrowing achievement gaps process. until the Department makes a final relative to the baseline data that are Comment: One commenter suggested determination concerning the SEA’s submitted. In addition, the applicant that we revise the language concerning State-Flex application. The May 8, 2002 must propose specific strategies for the baseline academic data that local notification deadline essentially gave reaching the stated goals. On the basis educational agencies (LEAs) would SEAs an opportunity to seek State-Flex of the application requirements and the submit with their applications. This before permitting their LEAs to seek selection criteria that will be used for commenter suggested that LEAs should Local-Flex authority. this competition, we will be able to provide as their baseline the results The application process that we focus Local-Flex agreements on LEAs under their adequate yearly progress described in the February 28, 2002 serving the need of students most at risk (AYP) definition under the predecessor Federal Register notice is consistent of educational failure competition. ESEA. with the statutory provisions. Under Changes: None.
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Comment: One commenter suggested applicants may also submit other including data from assessments under that each applicant be required to disaggregated data, such as migrant section 1111(b)(3) of the predecessor describe how its proposed Local-Flex status, which are required for reporting ESEA, as well as descriptions of plan will meet the general purposes of assessment results under section achievement trends. To the extent the programs included in the 1111(b)(3) of the reauthorized ESEA. possible, an LEA must provide data for consolidation. This commenter also Changes: None. both mathematics and reading or urged us to require each applicant to Comment: One commenter suggested language arts, and the LEA must document parental involvement in the that under the ‘‘Quality of the Local- disaggregate the results by each major planning process, to explain how the Flex Plan’’ selection criteria, we add a racial and ethnic group, by English applicant will continue to comply with factor about the extent to which the LEA proficiency status, by disability status, all applicable civil rights requirements, included parents in the development of and by status as economically and to include in its application a its Local-Flex proposal, particularly disadvantaged. (These are the description of the accounting parents of subgroups of significant size. categories, among others, by which an procedures and safeguards that it would Discussion: We agree that the LEA will disaggregate data for employ to ensure proper disbursement selection criteria should include a factor determining AYP under section of, and accounting for, Federal funds. relating to parental involvement in the 1111(b)(2) of the reauthorized ESEA. Discussion: In the February 22, 2002 development of the Local-Flex Furthermore, these are the categories, Federal Register notice, we did not proposals, particularly the parents of among others, by which an LEA had to include all of the statutory application students most at risk of educational disaggregate data for reporting requirements. We did not believe that it failure. assessment results under section was necessary to seek public comments Changes: We have modified the 1111(b)(3) of the predecessor ESEA.) on some of the more explicit ‘‘Quality of the Local-Flex Plan’’ In addition to submitting baseline requirements included in the criterion to add a factor relating to the achievement data that are disaggregated, legislation. However, all of the statutory involvement of parents, particularly the to the extent possible, by the categories application requirements, including parents of students most at risk of noted above, LEAs may also submit those addressed in this notice, are educational failure, in the development baseline achievement data that are discussed in the application package. of the Local-Flex proposal. further disaggregated by gender and by The comments referenced in the Comment: One commenter stated that migrant status, or baseline data on other preceding paragraph concerning the overall application process should academic indicators, such as grade-to- parental involvement and fiscal outline a process for reviewing and grade retention rates, student dropout responsibility are addressed in the deciding issues of continued rates, and percentages of students application package. We have made participation in Local-Flex if the LEA completing gifted and talented, changes to the application requirements does not meet its stated targets for advanced placement, and college and selection criteria in this notice to student achievement over a two-to preparatory courses. To the extent address the comment concerning the three-year period. possible, the baseline data on other general purposes of the programs Discussion: The legislation states that academic indicators should also be included in the consolidations. With the Secretary must, after providing disaggregated. respect to the comment on civil rights notice and an opportunity for a hearing, compliance, all applicants, as mandated promptly terminate a Local-Flex (b) Specific, measurable education by the legislation, will be required to agreement if an LEA fails to make goals. Each applicant must submit a submit an assurance that they are adequate yearly progress for two five-year Local-Flex plan that contains complying with all applicable civil consecutive years. The legislation also specific, measurable educational goals, rights requirements. provides that, after providing notice and with annual objectives, that the LEA Changes: We have modified the an opportunity for a hearing, the seeks to achieve by consolidating and application requirements to state Secretary may terminate a Local-Flex using funds in accordance with the expressly that each applicant must, as agreement if there is evidence that an terms of its proposed agreement. The part of its five-year proposal, describe LEA has failed to comply with the terms goals must relate to raising student how it will meet the general purposes of of the agreement. achievement and narrowing the programs that are consolidated. In The Secretary does not believe that it achievement gaps relative to the addition, we have modified the ‘‘Quality is necessary to issue, at this time, baseline achievement data and other of the Local-Flex Plan’’ selection additional guidance on the termination baseline data that are submitted. criterion to include a factor relating to of a Local-Flex agreement. At the time an LEA submits its initial the general purposes of the consolidated Changes: None. proposed Local-Flex agreement, the programs. goals in its proposal will not have to Comment: One commenter suggested I. Application Requirements relate to the State’s definition of AYP that under the application requirements, In order that the Secretary can select under section 1111(b)(2) of the ESEA migrant status should be listed as one of Local-Flex participants in accordance because those definitions are just being the subgroups by which the baseline with section 6151 of the ESEA, Local- developed. However, as soon as its State academic data should be disaggregated. Flex applicants must submit the definition of AYP is submitted to and Discussion: We do not agree because following information, together with the approved by the Secretary, each LEA migrant status is not one of the required other information set forth in the that has entered into a Local-Flex subgroups for determining AYP under legislation and outlined in the Local- agreement must revise its goals, as Part A of Title I. Given that an LEA’s Flex application package. necessary, based on that definition. progress in implementing Local-Flex (a) Baseline academic data. Each LEA (NOTE: State definitions of AYP under will be measured on the basis of its AYP seeking to enter into a Local-Flex section 1111(b)(2) of the ESEA must be status, we believe that it is important to agreement with the Secretary must submitted no later than January 31, obtain, at a minimum, disaggregated provide, as part of its proposed 2003, and implemented by the end of baseline data that reflect the AYP agreement, student achievement data for the 2002–2003 school year.) The LEA subgroups. While it is not mandatory, the most recent available school year, must submit its revised goals as part of
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a proposed amendment to its Local-Flex valid, and reliable, and provide (v) The extent to which the LEA agreement. disaggregated results. included parents, especially parents of (c) Strategies for meeting its goals and (ii) The extent to which the proposal children most at risk of educational the general purposes of the consolidated identifies achievement gaps among failure, in the development of the Local- programs. Each applicant must propose different groups of students. Flex proposal. a five-year plan that contains specific (iii) The extent to which the Local- (d) Adequacy of the Resources. (15 strategies for reaching its stated goals. In Flex agreement will focus on serving or points) The Secretary considers the particular, the plan must describe how otherwise addressing the needs of adequacy of the resources for the the applicant will consolidate and use students most at risk of educational proposed Local-Flex agreement. In funds received under Subpart 2 of Part failure. considering the adequacy of the A of Title II (Teacher and Principal (iv) The extent to which the resources, the Secretary considers the Training and Recruitment); Subpart 1 of additional flexibility provided under the following factors: Part D of Title II (Enhancing Education Local-Flex agreement would enable the (i) The extent to which the funds that Through Technology); Subpart 1 of Part LEA to meet more effectively the State’s the LEA proposes to consolidate under A of Title IV (Safe and Drug-Free definition of adequate yearly progress the Local-Flex agreement are adequate Schools and Communities); and Subpart and specific, measurable goals for to support the strategies in its Local- 1 of Part A of Title V (Innovative improving student achievement and Flex plan. Programs). narrowing achievement gaps. (ii) The extent to which the funds that As part of its five-year plan, an (b) Quality of the Educational Goals. the LEA proposes to consolidate under applicant must also describe how it will (25 points) The Secretary considers the the Local-Flex agreement will be meet the general purposes of the quality of the goals that the LEA sets in integrated with other resources to meet programs that are consolidated under its proposed Local-Flex agreement. In the goals of the proposed agreement. the Local-Flex agreement. In particular, determining the quality of the LEA’s (iii) The extent to which costs that the an applicant must describe how its goals, the Secretary considers the LEA will incur under the Local-Flex proposed plan would— following factors: agreement are reasonable in relationship (i) Improve teacher and principal (i) The extent to which the goals in to the goals that will be achieved under quality and increase the number of the proposed Local-Flex agreement are the agreement. highly qualified teachers in classrooms clearly specified and measurable. III. Application Process (Title II, Part A); (ii) The significance of the (ii) Improve teaching and student improvement in student achievement The Secretary will conduct two academic achievement through the use and in narrowing achievement gaps separate Local-Flex competitions. A of technology in schools (Title II, Part proposed in the agreement. notice inviting applications for the D); (iii) The extent to which the goals initial group of Local-Flex LEAs is (iii) Support programs that prevent relate to the needs identified in the published elsewhere in this issue of the violence in and around schools and that LEA’s baseline achievement data and Federal Register. Depending on the prevent the illegal use of alcohol, data on other academic indicators. number and quality of the applications tobacco, and drugs (Title IV, Part A); (iv) The extent to which the goals submitted, the Secretary intends to (iv) Support local education reform support the intent and purposes of the select up to 40 LEAs with which to efforts that are consistent with and Local-Flex program. enter into Local-Flex agreements during support statewide education reform (c) Quality of the Local-Flex Plan. (35 the initial competition. The Secretary efforts (Title V, Part A). points) The Secretary considers the will reserve the remaining Local-Flex Once a Local-Flex LEA’s State quality of the LEA’s Local-Flex plan. In slots for a subsequent Local-Flex definition of AYP has been established determining the quality of the Local- competition. and the LEA has modified its goals, as Flex plan, the Secretary considers the FOR FURTHER INFORMATION CONTACT: Ms. necessary, to reflect that definition, the following factors: Milagros Lanauze. Telephone: (202) LEA must modify, as appropriate, the (i) The extent to which the LEA will 401–0039 or via Internet: strategies that it would implement to use funds consolidated under the Local- [email protected]. reach its revised educational goals. The Flex agreement to address the needs If you use a telecommunications LEA must submit these modifications as identified in the baseline achievement device for the deaf (TDD), you may call part of a proposed amendment to its data in order to assist the LEA in the Federal Information Relay Service Local-Flex agreement. achieving its educational goals. (FIRS) at 1–800–877–8339. Individuals (ii) The extent to which the LEA’s II. Selection Criteria with disabilities may obtain this notice Local-Flex plan constitutes a coherent, in an alternative format (e.g., Braille, The Secretary will use the following sustained approach for reaching the large print, audiotape, or computer criteria to select the LEAs with which LEA’s goals, and to which the timelines diskette) on request to the contact he will enter into Local-Flex for implementing strategies in the plan person listed above. agreements: are reasonable. (a) Identification of the Need for the (iii) The extent to which the LEA will Electronic Access to This Document Local-Flex Agreement. (25 points) The use achievement data and data on other You may view this document, as well Secretary considers the LEA’s academic indicators to manage the as other Department of Education description and analysis of its need for proposed activities and to monitor documents published in the Federal a Local-Flex agreement. In determining progress toward reaching its goals on an Register in text or Adobe Portable the quality of the description and ongoing basis. Document Format (PDF) on the Internet analysis, the Secretary considers the (iv) The extent to which the LEA at the following site: http://www.ed.gov/ following factors: demonstrates that it will meet the legislation/FedRegister. (i) The extent to which the LEA’s general purposes of the programs that To use PDF you must have Adobe baseline achievement data and data on would be consolidated under its Local- Acrobat Reader, which is available free other academic indicators are objective, Flex agreement; at this site. If you have questions about
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using PDF, call the U.S. Government 4. Other Board business may be 0060), beginning at 1 p.m. on July 25 Printing Office (GPO), toll-free, at 1– conducted as necessary. and ending approximately 1 p.m. July 888–293–6498; or in the Washington Public Participation: The meeting is 26. DC, area at (202) 512–1530. open to the public. Written statements Jerrilynne Purdy, acting for the Note: The official version of this may be filed with the Board either Dispute Resolution Service, will document is the document published in before or after the meeting. Individuals convene the Conference. She will be the Federal Register. Free Internet who wish to make oral statements available to communicate in private access to the official version of the pertaining to agenda items should with any participant prior to the Federal Register and the Code of contact Ken Korkia at the address or conference. If a participant has any Federal Regulations is available on GPO telephone number listed above. questions regarding the conference, access at: http://www.access.gpo.gov/ Requests must be received at least five please call Ms. Purdy at 202–208–2232 nara/index.html. days prior to the meeting and reasonable or email [email protected]. Program Authority: Sections 6151 through provisions will be made to include the Parties may also communicate with 6156 of the ESEA, as amended by the No presentation in the agenda. The Deputy Richard Miles, the Director of the Child Left Behind Act of 2001 (P.L. 107–110). Designated Federal Officer is Commission’s Dispute Resolution empowered to conduct the meeting in a Service at 1–877FERC ADR (337–2237) Dated: July 15, 2002. fashion that will facilitate the orderly or email [email protected]. Susan B. Neuman, conduct of business. Each individual Linwood A. Watson, Jr., Assistant Secretary for Elementary and wishing to make public comment will Secondary Education. be provided a maximum of five minutes Deputy Secretary. [FR Doc. 02–18307 Filed 7–18–02; 8:45 am] to present their comments. [FR Doc. 02–18285 Filed 7–18–02; 8:45 am] BILLING CODE 4000–01–P Minutes: The minutes of this meeting BILLING CODE 6717–01–P will be available for public review and copying at the Public Reading Room DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY located at the Office of the Rocky Flats Citizens Advisory Board, 9035 North Federal Energy Regulatory Environmental Management Site- Wadsworth Parkway, Suite 2250, Commission Specific Advisory Board, Rocky Flats Westminister, CO 80021; telephone (303) 420–7855. Hours of operations for [Docket No. RP98–53–025] AGENCY: Department of Energy. the Public Reading Room are 8:30 a.m. ACTION: Notice of open meeting. to 4:30 p.m., Monday–Friday, except Kinder Morgan Interstate Gas Federal holidays. Minutes will also be Transmission LLC; Notice of Filing of SUMMARY: This notice announces a made available by writing or calling Deb Refund Report meeting of the Environmental Thompson at the address or telephone Management Site-Specific Advisory July 15, 2002. number listed above. Board (EM SSAB), Rocky Flats. The Take notice that on June 28, 2002, Federal Advisory Committee Act (Pub. Issued at Washington, DC on July 12, 2002. Kinder Morgan Interstate Gas L. 92–463, 86 Stat. 770) requires that Belinda Hood, Transmission LLC (KMIGT) tendered for public notice of these meeting be Acting Deputy Advisory Committee filing a report regarding Kansas ad announced in the Federal Register. Management Officer. valorem tax refunds. KMIGT states that this filing is being made in compliance DATES: Thursday, August 1, 2002, 6 p.m. [FR Doc. 02–18245 Filed 7–18–02; 8:45 am] with Commission order issued March to 9:30 p.m. BILLING CODE 6450–01–P 18, 2002 in Docket Nos. RP98–53–024, ADDRESSES: Jefferson County Airport et al. Among other things, that order Terminal Building, Mount Evans Room, DEPARTMENT OF ENERGY approved a settlement of these matters 11755 Airport Way, Broomfield, CO. and extended the deadline for KMIGT’s FOR FURTHER INFORMATION CONTACT: Ken Federal Energy Regulatory report to July 1, 2002. KMIGT states that Korkia, Board/Staff Coordinator, Rocky Commission a copy of this filing was served on all Flats Citizens Advisory Board, 9035 [Docket No. EL02–97–000] intervenors in the subject proceedings, North Wadsworth Parkway, Suite 2250, the Appendix B parties, and relevant Westminster, CO, 80021; telephone East Kentucky Power Cooperative, Inc. state regulatory commissions. (303) 420–7855; fax (303) 420–7579. v. Louisville Gas and Electric Company Any person desiring to protest said SUPPLEMENTARY INFORMATION: and Kentucky Utilities; Notice of filing should file a protest with the Purpose of the Board: The purpose of Conference Federal Energy Regulatory Commission, the Board is to make recommendations 888 First Street, NE., Washington, DC to DOE and its regulators in the areas of July 15, 2002. 20426, in accordance with Section environmental restoration, waste Pursuant to Rule 601 of the 385.211 of the Commission’s rules and management, and related activities. Commission’s Rules and Practice and regulations. All such protests must be Procedure 18 CFR 385.601, the Dispute filed on or before August 2, 2002. Tentative Agenda Resolution Service will convene a Protests will be considered by the 1. Discussion and approval of new Conference on Thursday and Friday, Commission in determining the quarterly update schedule and July 25 and 26, 2002, to discuss how appropriate action to be taken, but will priorities. Alternative Dispute Resolution not serve to make protestants parties to 2. End-state discussion on surface processes and procedures may assist the the proceedings. Copies of this filing are water regulatory issues. participants in resolving disputes on file with the Commission and are 3. Review and discuss draft arising in the above docketed available for public inspection. This recommendation language: end-state proceeding. The conference will be held filing may be viewed on the web at issues related to surface and subsurface at the Sheraton Suites Lexington, 2601 http://www.ferc.fed.us/online/rims.htm soil remediation. Richmond Rd, Lexington, KY (859–268– (call 202–208–2222 for assistance).
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Comments, protests and interventions DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY may be filed electronically via the Internet in lieu of paper. See, 18 CFR Federal Energy Regulatory Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions Commission Commission on the Commission’s web site under the ‘‘e-Filing’’ link. [Docket Nos. EL02–105–000 and EC02–91– [Docket No. EL01–51–005, et al.] 000] Linwood A. Watson, Jr., The Detroit Edison Company, et al.; Deputy Secretary. UBS AG; Notice of Filing Electric Rate and Corporate Regulation [FR Doc. 02–18288 Filed 7–18–02; 8:45 am] Filings BILLING CODE 6717–01–P July 11, 2002. July 11, 2002. Take notice that on July 1, 2002, UBS The following filings have been made DEPARTMENT OF ENERGY AG (UBS) filed with the Federal Energy Regulatory Commission (Commission) with the Commission. The filings are listed in ascending order within each Federal Energy Regulatory an application requesting that the docket classification. Commission Commission disclaim jurisdiction over certain acquisitions by UBS in the 1. The Detroit Edison Company [Docket Nos. RP00–410–003 and RP01–8– course of its banking business of [Docket Nos. EL01–51–005 and ER01–1649– 003] securities issued by public utilities. In 005] the alternative, UBS seeks authorization Mississippi River Transmission pursuant to Section 203 of the Federal Take notice that on July 3, 2002, The Detroit Edison Company tendered for Corporation; Notice of Compliance Power Act for such acquisitions Filing filing with the Federal Energy Any person desiring to intervene or to Regulatory Commission (Commission), a July 15, 2002. protest this filing should file with the compliance filing in accordance with Take notice that on July 1, 2002, Federal Energy Regulatory Commission, the Commission’s order in Detroit Mississippi River Transmission 888 First Street, NE., Washington, DC Edison Company, 99 FERC ¶ 61,268 Corporation (MRT) tendered for filing as 20426, in accordance with rules 211 and (2002). part of its FERC Gas Tariff, Third 214 of the Commission’s rules of Comment Date: July 24, 2002. Revised Volume No. 1, tariff sheets to practice and procedure (18 CFR 385.211 comply with the policy directives of the and 385.214). Protests will be 2. State of California, ex. rel. Bill Commission’s June 5, 2002 ‘‘Order on considered by the Commission in Lockyer, Complainant, v. British Order No. 637 Settlement.’’ determining the appropriate action to be Columbia Power Exchange Corp., Coral Power, LLC, Dynegy Power Marketing, MRT states that the purpose of this taken, but will not serve to make Inc., Enron Power Marketing, Inc., filing is to comply with the protestants parties to the proceeding. Mirant Americas Energy Marketing, LP, Commission’s June 5, 2002 Order in Any person wishing to become a party Reliant Energy Services, Inc., Williams Docket Nos. RP00–410–000 and RP01– must file a motion to intervene. All such 8–000. Energy Marketing & Trading Co., All motions or protests should be filed on Other Public Utility Sellers of Energy Any person desiring to protest said or before the comment date, and, to the and Ancillary Services to the California filing should file a protest with the extent applicable, must be served on the Energy Resources Scheduling Division Federal Energy Regulatory Commission, applicant and on any other person of the California Department of Water 888 First Street, NE., Washington, DC designated on the official service list. Resources, and All Other Public Utility 20426, in accordance with Section This filing is available for review at the Sellers of Energy and Ancillary 385.211 of the Commission’s Rules and Commission or may be viewed on the Services into Markets Operated by the Regulations. All such protests must be Commission’s Web site at http:// California Power Exchange and filed on or before July 19, 2002. Protests www.ferc.gov using the ‘‘RIMS’’ link, California Independent System will be considered by the Commission select ‘‘Docket#’’ and follow the Operator, Respondents in determining the appropriate action to instructions (call 202–208–2222 for be taken, but will not serve to make [Docket No. EL02–71–002] assistance). Protests and interventions protestants parties to the proceedings. may be filed electronically via the Take notice that on July 8, 2002, Copies of this filing are on file with the PacifiCorp tendered for filing its report Commission and are available for public Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions showing PacifiCorp’s purchases from inspection. This filing may also be the California Independent Service viewed on the web at http:// on the Commission’s Web site under the ‘‘e-Filing’’ link. Operator (CAISO), California Power www.ferc.gov using the ‘‘RIMS’’ link, Exchange (PX) and California Energy select ‘‘Docket#’’ and follow the Comment Date: July 22, 2002. Resources Scheduling Division of the instructions (call 202–208–2222 for Linwood A. Watson, Jr., California Department of Water assistance). Comments, protests and Resources (CDWR) markets for the Deputy Secretary. interventions may be filed electronically quarters ending December 31, 2000; via the Internet in lieu of paper. See, 18 [FR Doc. 02–18286 Filed 7–18–02; 8:45 am] March 31, 2001; June 30, 2001; CFR 385.2001(a)(1)(iii) and the BILLING CODE 6717–01–P September 30, 2001; December 31, 2001 instructions on the Commission’s web and March 31, 2002. site under the ‘‘e-Filing’’ link. Copies of this filing were supplied to Linwood A. Watson, Jr., the Washington Utilities and Deputy Secretary. Transportation Commission and the [FR Doc. 02–18289 Filed 7–18–02; 8:45 am] Public Utility Commission of Oregon. BILLING CODE 6717–01–P Comment Date: July 29, 2002.
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3. State of California, ex. rel. Bill certain acquisitions by UBS in the DEPARTMENT OF ENERGY Lockyer, Complainant, v. British course of its banking business of Columbia Power Exchange Corp., Coral securities issued by public utilities. In Federal Energy Regulatory Power, LLC, Dynegy Power Marketing, the alternative, UBS seeks authorization Commission Inc., Enron Power Marketing, Inc., pursuant to Section 203 of the Federal [Docket No. EL99–73–002, et al.] Mirant Americas Energy Marketing, LP, Power Act for such acquisitions Reliant Energy Services, Inc., Williams Comment Date: July 22, 2002. Griffiss Local Development Energy Marketing & Trading Co., All Corporation, et al. Electric Rate and Other Public Utility Sellers of Energy 6. PJM Interconnection, L.L.C. Corporate Regulation Filings and Ancillary Services to the California Energy Resources Scheduling Division [Docket No. EL02–106–000] July 12, 2002. of the California Department of Water Take notice that on July 1, 2002, PJM The following filings have been made Resources, and All Other Public Utility Interconnection, L.L.C. (PJM), pursuant with the Commission. The filings are Sellers of Energy and Ancillary to Section 206 of the Federal Power Act, listed in ascending order within each docket classification. Services into Markets Operated by the submitted amendments to the California Power Exchange and Transmission Owners Agreement 1. Griffiss Local Development California Independent System specifying that license plate rates will Corporation, Niagara Mohawk Power Operator, Respondents remain in effect until December 31, Corporation, Griffiss Local [Docket No. EL02–71–002] 2004 in the PJM control area. Development Corporation, and Oneida Take notice that on July 5, 2002, Copies of this filing have been served County Industrial Development Agency IDACORP Energy L.P. (IDACORP upon all PJM members, and the state [Docket Nos. EL99–73–002 and ER02– Energy) tendered for filing with the electric utility commissions in the PJM 2285–000] Federal Energy Regulatory Commission region. (Commission), a supplement report to Take notice that on June 24, 2002, its June 28, 2002 submittal for Fourth Comment Date: July 22, 2002. Griffiss Local Development Corporation (GLDC) and Oneida County Industrial Quarter, 2000 through Fourth Quarter Standard Paragraph 2001. Development Agency (Oneida IDA), on Comment Date: July 26, 2002 E. Any person desiring to intervene or behalf of Niagara Mohawk Power Corporation, a National Grid Company 4. State of California, ex. rel. Bill to protest this filing should file with the Federal Energy Regulatory Commission, (Niagara Mohawk), tendered for filing Lockyer, Complainant, v. British with the Federal Energy Regulatory 888 First Street, NE., Washington, DC Columbia Power Exchange Corp., Coral Commission (Commission) a Joint 20426, in accordance with Rules 211 Power, LLC, Dynegy Power Marketing, Settlement proposal resolving all issues Inc., Enron Power Marketing, Inc., and 214 of the Commission’s Rules of in this proceeding and an Explanatory Mirant Americas Energy Marketing, LP, Practice and Procedure (18 CFR 385.211 Statement in support thereof; and a Reliant Energy Services, Inc., Williams and 385.214). Protests will be proposed new rate schedule to be filed Energy Marketing & Trading Co., All considered by the Commission in by Niagara Mohawk upon acceptance of Other Public Utility Sellers of Energy determining the appropriate action to be Joint Proposal and to be designated as and Ancillary Services to the California taken, but will not serve to make Niagara Mohawk’s Rate Schedule FERC Energy Resources Scheduling Division protestants parties to the proceeding. No. 315. On June 25, 2002, Griffiss filed of the California Department of Water Any person wishing to become a party a supplement to the Joint Settlement Resources, and All Other Public Utility must file a motion to intervene. All such proposal. These two filings were both Sellers of Energy and Ancillary motions or protests should be filed on filed under Docket No. EL99–73–000. Services into Markets Operated by the or before the comment date, and, to the Also, take notice that on June 24, California Power Exchange and extent applicable, must be served on the 2002, Niagara Mohawk, GLDC and California Independent System applicant and on any other person Oneida IDA filed Original Sheet Nos. 1– Operator, Respondents designated on the official service list. 18, Rate Schedule No. 315, Settlement [Docket No. EL02–71–002] This filing is available for review at the Service Agreement Administered Under Take notice that on July 5, 2002, Commission or may be viewed on the Service Classification No. 12, effective Strategic Energy L.L.C. tendered for Commission’s Web site at http:// January 1, 2002. Comment Date: July 26, 2002. filing with the Federal Energy www.ferc.gov using the ‘‘RIMS’’ link, Regulatory Commission (Commission), select ‘‘Docket#’’ and follow the 2. Cleco Power LLC new Quarterly Transaction Reports instructions (call 202–208–2222 for [Docket Nos. ER01–1099–000, ER01– showing non-aggregated data for assistance). Protests and interventions 1099–001, ER01–1099–002, ER01–2147– transactions made during the period may be filed electronically via the 000, ER01–3095–000, and ER02–1042– October 2, 2000 to the date of the Internet in lieu of paper; see 18 CFR 000] Commission’s order issued in this 385.2001(a)(1)(iii) and the instructions proceeding. on the Commission’s Web site under the Take notice that on July 3, 2002, Cleco Comment Date: July 26, 2002. ‘‘e-Filing’’ link. Power LLC (Cleco Power) tendered for filing a letter requesting that Cleco 5. UBS AG Linwood A. Watson, Jr., Power be allowed to comply with the [Docket Nos. EL02–105–000 and EC02–91– Deputy Secretary. new electronic filings requirements 000] [FR Doc. 02–18215 Filed 7–18–02; 8:45 am] under Order 2001 rather than file Take notice that on July 1, 2002, UBS individual standard form service BILLING CODE 6717–01–P AG (UBS) filed with the Federal Energy agreements in paper copy as previously Regulatory Commission (Commission) directed by the Commission in the an application requesting that the above referenced dockets. Commission disclaim jurisdiction over Comment Date: July 24, 2002.
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3. California Independent System Comment Date: July 22, 2002. Management District and the California Operator Corporation Public Utilities Commission. The ISO is 7. David Sholk requesting waiver of the 60-day notice [Docket No. ER02–651–002] [Docket No. ER02–1725–001] requirement to allow the Participating Take notice that on July 3, 2002, the Generator Agreement to be made California Independent System Operator Take notice that on June 25, 2002, David Sholk filed an amendment to effective June 20, 2002. Corporation (ISO) tendered for filing Comment Date: July 24, 2002. revised ISO Tariff sheets to comply with Docket No. ER02–1725–000. The 11. California Independent System the Commission’s June 3, 2002 Order in amendment includes a proposed David Operator Corporation the above-referenced docket. Sholk Electric Rate Tariff. Comment Date: July 26, 2002. The ISO states that the filing has been [Docket No. ER02–2258–000] served on each person designated on the 8. PJM Interconnection, L.L.C. Take notice that on July 3, 2002, the official service list compiled by the [Docket No. ER02–2255–000] California Independent System Operator Secretary in this proceeding. Corporation, (ISO), tendered for filing a Comment Date: July 24, 2002. Take notice that on July 3, 2002 PJM Meter Service Agreement for ISO 4. Central Illinois Light Company Interconnection, L.L.C. (PJM), submitted Metered Entities between the ISO and for filing one executed interim the Monterey Regional Waste [Docket No. ER02–708–003] interconnection service agreement and Management District for acceptance by Take notice that on July 3, 2002, one executed interconnection service the Federal Energy Regulatory Central Illinois Light Company (CILCO), agreement between PJM and PSEG Commission. tendered for filing with the Federal Power, L.L.C. PJM requests a waiver of The ISO states that this filing has been Energy Regulatory Commission the Commission’s 60-day notice served on the Monterey Regional Waste (Commission) amendments to CILCO’s requirement to permit the effective dates Management District and the California Ancillary Service Tariff to comply with agreed to by the parties. Public Utilities Commission. The ISO is the Commission’s June 3, 2002 Order in Copies of this filing were served upon requesting waiver of the 60-day notice this docket. each of the parties to the agreements requirement to allow the Meter Service CILCO requested an effective date of and the state regulatory commissions Agreement for ISO Metered Entities to February 1, 2002 for these amendments. within the PJM region. be made effective June 20, 2002. Copies of the filing were served on the Comment Date: July 24, 2002. Comment Date: July 24, 2002. Illinois Commerce Commission and the 9. PJM (East) Interconnection, L.L.C. 12. PPL Electric Utilities Corporation service list in this docket. Comment Date: July 24, 2002. [Docket No. ER02–2256–000] [Docket No. ER02–2259–000] 5. Midwest Independent Transmission Take notice that on July 3, 2002, the Take notice that on July 3, 2002, PPL System Operator, Inc. PJM (East) Transmission Owners Electric Utilities Corporation (PPL Agreement Administrative Committee Electric Utilities) tendered for filing an [Docket No. ER02–1420–003] (TOAC) submitted for filing an Interconnection Agreement between Take notice that on July 3, 2002, The amendment to the PJM Transmission PPL Electric Utilities and Masonic Empire District Electric Company Owners Agreement of June 2, 1997, on Homes. (Empire), in compliance with the file with the Federal Energy Regulatory Comment Date: July 24, 2002. Commission (Commission) as PJM Federal Energy Regulatory 13. Public Service Company of New Interconnection LLC Rate Schedule No. Commission’s (Commission) May 31, Mexico 2002 Order in this proceeding, 33. The amendment revises the TOA so submitted a compliance filing notifying as to permit a category of Transmission [Docket No. ER02–2260–000] the Commission that it intended to Owner whose obligation to participate Take notice that on July 3, 2002, participate in the regional transmission in certain TOA activities under the PJM Public Service Company of New Mexico organization that will result from the Operating Agreement is limited (PNM) submitted for filing two executed planned consolidation of Southwest consistent with the limited nature of its service agreements for firm point-to- Power Pool, Inc. and the Midwest ownership of transmission facilities. point transmission service with PNM’s Independent Transmission System Copies of this filing have been served Wholesale Power Marketing (PNMM), Operator, Inc. on PJM Interconnection, LLC, the PJM under the terms of PNM’s Open Access A copy of the filing was served upon (East) Transmission Owners, and the Transmission Tariff. The first agreement the parties on the official Commission state electric regulatory commissions in is for 173 MW of firm point-to-point service list in this docket and on the the PJM (East) control area. transmission service from Palo Verde public utility commissions for each state Comment Date: July 24, 2002. Nuclear Generating Station 500kV in which Empire owns transmission 10. California Independent System Switchyard (Palo Verde) to the facilities. Operator Corporation Westwing 345kV Switching Station Comment Date: July 24, 2002. (Westwing) for calendar year 2001. The [Docket No. ER02–2257–000] 6. Dearborn Industrial Generation, LLC second agreement is for 293 MW of firm Take notice that on July 3, 2002, the point-to-point transmission service from [Docket No. ER02–1689–002] California Independent System Operator Palo Verde to Westwing for calendar Take notice that on July 2, 2002, Corporation, (ISO) tendered for filing a year 2002. PNM requests January 1, Dearborn Industrial Generation, LLC Participating Generator Agreement 2001 and January 1, 2002 respectively, (DIG) filed a revised Market-Based Rate between the ISO and Monterey Regional as the effective date for each agreement. Tariff and Code of Conduct. Upon Waste Management District for PNM’s filing is available for public review of the subject tariff, we have acceptance by the Federal Energy inspection at its offices in Albuquerque, noticed a typographical error. In Part II, Regulatory Commission. New Mexico. paragraph 2 the word ‘‘serve’’ was The ISO states that this filing has been Copies of the filing have been sent to omitted from the third sentence. served on Monterey Regional Waste PNMM, the New Mexico Public
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Regulation Commission and the New K of the Midwest ISO’s open access (LG&E)/Kentucky Utilities (KU) Mexico Attorney General. transmission tariff to create new Firm (hereinafter Companies) tendered for Comment Date: July 24, 2002. Transmission Service. filing an amendment to the full Comment Date: July 26, 2002. requirement power contract between the 14. The Detroit Edison Company Companies and the City of Nicholasville 18. Louisville Gas and Electric [Docket No. ER02–2261–000] Kentucky (Rate Schedule FERC No 157). Company, Kentucky Utilities Company Take notice that on July 3, 2002, The The amendment removes contractual Detroit Edison Company (Detroit [Docket No. ER02–2265–000] language between the City of Edison) tendered for filing Service Take notice that on July 5, 2002, Nicholasville and the Southeastern Agreements for wholesale power sales Louisville Gas and Electric Company Power Administration (SEPA). The transactions (the Service Agreements) (LG&E)/Kentucky Utilities (KU) SEPA language has been incorrectly under Detroit Edison’s Wholesale Power (hereinafter Companies) tendered for attached to the power agreement. Sales Tariff (WPS–2), FERC Electric filing an amendment to the full Comment Date: July 26, 2002. Tariff No. 3 (the WPS–2 Tariff) between requirement power contract between the 22. Louisville Gas and Electric Detroit Edison and the following parties: Companies and the City of Madisonville Company, Kentucky Utilities Company CMS MST Michigan LLC; FirstEnergy Kentucky (Rate Schedule FERC No 162). Solutions Corp.; and Quest Energy LLC. The amendment removes contractual [Docket No. ER02–2269–000] Comment Date: July 24, 2002. language between the City of Take notice that on July 5, 2002, Madisonville and the Southeastern 15. Cleco Power LLC Louisville Gas and Electric Company Power Administration (SEPA). The (LG&E)/Kentucky Utilities (KU) [Docket No. ER02–2262–000] SEPA language has been incorrectly (hereinafter Companies) tendered for Take notice that on July 3, 2002, Cleco attached to the power agreement. filing an amendment to the full Power LLC (Cleco) filed a service Comment Date: July 26, 2002 requirement power contract between the agreement with Acadia Power Partners, 19. Louisville Gas and Electric Companies and the City of Bardwell LLC for ancillary services under Cleco’s Company, Kentucky Utilities Company Kentucky (Rate Schedule FERC No 186). open access transmission tariff (OATT). The amendment removes contractual The Service Agreement is designated as [Docket No. ER02–2266–000] language between the City of Bardwell Cleco Power LLC Service Agreement Take notice that on July 5, 2002 , and the Southeastern Power No. 61 to its OATT, FERC Electric Louisville Gas and Electric Company Administration (SEPA). The SEPA Tariff, Original Volume No. 1. (LG&E)/Kentucky Utilities (KU) language has been incorrectly attached Comment Date: July 24, 2002. (hereinafter Companies) tendered for to the power agreement. filing an amendment to the full Comment Date: July 26, 2002. 16. San Diego Gas & Elec. Company, et requirement power contract between the al. 23. Louisville Gas and Electric Companies and the City of Madisonville Company, Kentucky Utilities Company [Docket No. ER02–2263–000] Kentucky (Rate Schedule FERC No 191). [Docket No. ER02–2270–000] Take notice that on July 3, 2002, The amendment removes contractual Southern California Edison Company language between the City of Take notice that on July 5, 2002, (SCE) filed a Market-Based Rate Tariff in Madisonville and the Southeastern Louisville Gas and Electric Company order to comply with the Federal Energy Power Administration (SEPA). The (LG&E)/Kentucky Utilities (KU) Regulatory Commission’s Order of SEPA language has been incorrectly (hereinafter Companies) tendered for December 19, 2001. A copy of this attached to the power agreement. filing an amendment to the full compliance filing has been served on Comment Date: July 26, 2002. requirement power contract between the the parties included on the Secretary’s 20. Louisville Gas and Electric Companies and the City of Barbourville official service list for this proceeding. Company, Kentucky Utilities Company Kentucky (Rate Schedule FERC No 184). Comment Date: July 24, 2002. The amendment removes contractual [Docket No. ER02–2267–000] language between the City of 17. Edison Sault Electric Company, Take notice that on July 5, 2002, Barbourville and the Southeastern Madison Gas and Electric Company, Louisville Gas and Electric Company Power Administration (SEPA). The Upper Peninsula Power Company, (LG&E)/Kentucky Utilities (KU) SEPA language has been incorrectly Wisconsin Electric Power Company, (hereinafter Companies) tendered for attached to the power agreement. Wisconsin Power and Light Company, filing an amendment to the full Comment Date: July 26, 2002. and Wisconsin Public Service requirement power contract between the Corporation 24. Louisville Gas and Electric Companies and the City of Madisonville Company, Kentucky Utilities Company [Docket No. ER02–2264–000] Kentucky (Rate Schedule FERC No 193). Take notice that on July 5, 2002, The amendment removes contractual [Docket No. ER02–2271–000] Edison Sault Electric Company, language between the City of Take notice that on July 5, 2002, Madison Gas and Electric Company, Madisonville and the Southeastern Louisville Gas and Electric Company Upper Peninsula Power Company, Power Administration (SEPA). The (LG&E)/Kentucky Utilities (KU) Wisconsin Electric Power Company, SEPA language has been incorrectly (hereinafter Companies) tendered for Wisconsin Power and Light Company, attached to the power agreement. filing an amendment to the full and Wisconsin Public Service Comment Date: July 26, 2002. requirement power contract between the Corporation tendered for filing a 21. Louisville Gas and Electric Companies and the City of Bardstown Limited Redispatch Agreement and Company, Kentucky Utilities Company Kentucky (Rate Schedule FERC No 185). Amendment No. 1 to the Limited The amendment removes contractual Redispatch Agreement as a bilateral [Docket No. ER02–2268–000] language between the City of Bardstown agreement pursuant to the congestion Take notice that on July 5, 2002, and the Southeastern Power management provisions of Attachment Louisville Gas and Electric Company Administration (SEPA). The SEPA
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language has been incorrectly attached and 385.214). Protests will be deliver a copy of the communication, if to the power agreement. considered by the Commission in written, or a summary of the substance Comment Date: July 26, 2002. determining the appropriate action to be of any oral communication, to the taken, but will not serve to make Secretary. 25. Louisville Gas and Electric protestants parties to the proceeding. Company, Kentucky Utilities Company Prohibited communications will be Any person wishing to become a party included in a public, non-decisional file [Docket No. ER02–2272–000] must file a motion to intervene. All such associated with, but not part of, the motions or protests should be filed on Take notice that on July 5, 2002, decisional record of the proceeding. or before the comment date, and, to the Unless the Commission determines that Louisville Gas and Electric Company extent applicable, must be served on the (LG&E)/Kentucky Utilities (KU) the prohibited communication and any applicant and on any other person responses thereto should become part of (hereinafter Companies) tendered for designated on the official service list. the decisional record, the prohibited off- filing an amendment to the full This filing is available for review at the the-record communication will not be requirement power contract between the Commission or may be viewed on the considered by the Commission in Companies and the City of Madisonville Commission’s Web site at http:// reaching its decision. Parties to a Kentucky (Rate Schedule FERC No 194). www.ferc.gov using the ‘‘RIMS’’ link, proceeding may seek the opportunity to The amendment removes contractual select ‘‘Docket#’’ and follow the respond to any facts or contentions language between the City of instructions (call 202–208–2222 for made in a prohibited off-the-record Madisonville and the Southeastern assistance). Protests and interventions communication, and may request that Power Administration (SEPA). The may be filed electronically via the the Commission place the prohibited SEPA language has been incorrectly Internet in lieu of paper; see 18 CFR communication and responses thereto attached to the power agreement. 385.2001(a)(1)(iii) and the instructions in the decisional record. The Comment Date: July 26, 2002. on the Commission’s Web site under the ‘‘e-Filing’’ link. Commission will grant such requests 26. Louisville Gas and Electric only when it determines that fairness so Company, Kentucky Utilities Company Linwood A. Watson, Jr., requires. Any person identified below as [Docket No. ER02–2273–000] Deputy Secretary. having made a prohibited off-the-record [FR Doc. 02–18214 Filed 7–18–02; 8:45 am] communication should serve the Take notice that on July 5, 2002, BILLING CODE 6717–01–P document on all parties listed on the Louisville Gas and Electric Company official service list for the applicable (LG&E)/Kentucky Utilities (KU) proceeding in accordance with Rule (hereinafter Companies) tendered for DEPARTMENT OF ENERGY 2010, 18 CFR 385.2010. filing an amendment to the full requirement power contract between the Federal Energy Regulatory Exempt off-the-record Companies and the City of Frankfort Commission communications will be included in the Kentucky (Rate Schedule FERC No 190). decisional record of the proceeding, The amendment removes contractual [Docket No. RM98–1–000] unless the communication was with a language between the City of Frankfort cooperating agency as described by 40 Regulations Governing Off-the-Record CFR 1501.6, made under 18 CFR and the Southeastern Power Communications; Public Notice Administration (SEPA). The SEPA 385.2201(e)(1)(v). language has been incorrectly attached July 15, 2002. The following is a list of exempt and to the power agreement. This constitutes notice, in accordance prohibited off-the-record Comment Date: July 26, 2002. with 18 CFR 385.2201(h), of the receipt communications recently received in of exempt and prohibited off-the-record the Office of the Secretary. Copies of Standard Paragraph communications. this filing are on file with the E. Any person desiring to intervene or Order No. 607 (64 FR 51222, Commission and are available for public to protest this filing should file with the September 22, 1999) requires inspection. The documents may be Federal Energy Regulatory Commission, Commission decisional employees, who viewed on the web at http:// 888 First Street, NE., Washington, DC make or receive an exempt or a www.ferc.gov using the ‘‘RIMS’’ link, 20426, in accordance with Rules 211 prohibited off-the-record select ‘‘Docket#’’ and follow the and 214 of the Commission’s Rules of communication relevant to the merits of instructions (call 202–208–2222 for Practice and Procedure (18 CFR 385.211 a contested on-the-record proceeding, to assistance).
EXEMPT
Docket No. Date filed Presenter or requester
1. Project Nos. 10942Ð000, 10100Ð002 and 0416Ð003 ...... 7Ð11Ð02 David Turner. 2. Project No. 10311Ð000 ...... 7Ð11Ð02 Nancy Kochan. 3. Project No. 477Ð000 ...... 7Ð11Ð02 Dick Prather. 4. Project No. 10311Ð000 ...... 7Ð11Ð02 Robert G. Whitlam. 5. Project No. 1494Ð232 ...... 7Ð11Ð02 Joe Harwood. 6. Project No. 1494Ð000 ...... 7Ð15Ð02 Mike Brady. 7. EC02Ð49Ð001, EL02Ð96Ð001 ...... 7Ð15Ð02 Anthony J. Alexander.
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Linwood A. Watson, Jr., Harvesting Timber and Managing Kosciusko Island, AK, Comment Deputy Secretary. Existing Vegetation, Implementation, Period Ends: September 03, 2002, [FR Doc. 02–18287 Filed 7–18–02; 8:45 am] Carson National Forest, El Rito Ranger Contact: Glenn Pierce (907) 826–1629. BILLING CODE 6717–01–P District, Taos County, NM, Wait EIS No. 020302, Draft Supplement, COE, Period Ends: August 19, 2002, CA, Bel Marin Key Unit V Expansion Contact: Kurt Winchester (505) 581– of the Hamilton Wetland Restoration ENVIRONMENTAL PROTECTION 4554. Project, New and Updated EIS No. 020295, Final EIS, FRC, WA, AGENCY Information, Application for Approval Warm Creek (No. 10865) and of Permits, Novato Creek, Marin [FRL–7248–4] Clearwater Creek (No. 11485) County, CA, Comment Period Ends: Hydroelectric Project, Issuance of September 03, 2002, Contact: Eric National Advisory Council for License for the Construction and Jolliffe (415) 977–8543. Environmental Policy and Technology; Operation, Located in the Middle This document is available on the Notice of Charter Renewal Fork Nooksack River (MFNR) Basin, Internet at: http:// WA, Wait Period Ends: August 19, AGENCY: Environmental Protection www.coastalconservancy.ca.gov/ 2002, Contact: Timothy Looney (202) Agency (EPA). belmarin. 219–2852. EIS No. 020303, Final Supplement, ACTION: Notice of charter renewal. EIS No. 020296, Final EIS, AFS, ID, COE, MO, St. Johns Bayou and New Hidden Cedar Project, Road The Charter for the Environmental Madrid Floodway Project, Channel Construction and Watershed Protection Agency’s National Advisory Enlargement and Improvement, Restoration, Idaho Panhandle Council for Environmental Policy and Revised Information to Formulate and National Forest, St. Joe Ranger Technology (NACEPT) will be renewed Analyze Additional Alternatives, District, Benewah, Shoshone, for an additional two-year period, as a Flood Control and National Economic Clearwater and Latah Counties, ID, necessary committee which is in the Development (NED), New Madrid, Wait Period Ends: August 19, 2002, public interest, in accordance with the Mississippi and Scott Counties, MO, Contact: George Bain (208) 245–2531. provisions of the Federal Advisory EIS No. 020297, Draft EIS, FHW, NC, US Wait Period Ends: August 19, 2002, Committee Act (FACA), 5 U.S.C. App 321 Highway Improvement Project Contact: Shawn Phillips (901) 544– 9(c). The purpose of NACET is to (TIP), From NC–1500 (Blackberry 3321. provide advice and recommendations to Road) North to US 221 in Blowing EIS No. 020304, Final EIS, NOA, CA, the Administrator of EPA on issues Rock, Funding and COE Section 404 San Francisco Bay National Estuarine associated with environmental Permit, Town of Blowing Rock, Research Reserve, Proposes to management, technology and policy. It Caldwell and Watauga Counties, NC, Designate Three Sites: China Camp is determined that NACEPT is in the Comment Period Ends: September 03, State Park, Brown’s Island Regional public interest in connection with the 2002, Contact: Nicholas L. Graf (919) Parks District, and Rush Ranch Open performance of duties imposed on the 856–4346. Space Preserve, Contra Costa, Marin Agency by law. EIS No. 020298, Draft EIS, NPS, AZ, and Solano Counties, CA, Wait Period Inquiries may be directed to Mark Navajo National Monument, General Ends: August 19, 2002, Contact: Joyce, U.S. EPA, (mail code 1601–A), Management Plan, Development Laurie McGilvray—ext 15 (301) 713– 1200 Pennsylvania Avenue, NW., Concept Plan, Implementation, 3132. Washington, DC 20460, telephone (202) Navajo Counties, AZ, Comment EIS No. 020305, Draft EIS, FHW, CA, 564–9802, or [email protected]. Period Ends: September 30, 2002, Riverside County Integrated Project, Dated: July 9, 2002. Contact: Rosemari Knoki (928) 672– Winchester to Temecula Corridor a Tim Sherer, 2700. New Multi-Modal Transportation Facility, Route Location and Right-of- Acting Director, Office of Cooperative This document is available on the Way Preservation, County of Environmental Management. Internet at: http://planning.den.nps.gov/ Riverside, CA , Comment Period [FR Doc. 02–18278 Filed 7–18–02; 8:45 am] plans.cfm. Ends: September 20, 2002, Contact: BILLING CODE 6560–50–M EIS No. 020299, Final EIS, AFS, ID, Mary Ann Rondinella (916) 498–5040. Whiskey Campo Resource Management Project, Implementation, This document is available on the ENVIRONMENTAL PROTECTION Elmore County, ID, Wait Period Ends: Internet at: http://www.rcip.org. AGENCY August 19, 2002, Contact: David EIS No. 020306, Draft EIS, FHW, CA, Riverside County Integrated Project, [ER–FRL–6631–2] Rittenhouse (208) 373–4100. EIS No. 020300, Draft EIS, SFW, NM, Hemet to Corona/Lake Elsinore Environmental Impact Statements; Rio Grande Silvery Minnow Corridor a New Multi-Modal Notice of Availability (Hybognathus amarus), To be Transportation Facility, Route Designation for Critical Habitat, Location and Right-of-Way Responsible Agency: Office of Federal Implementation, Bernalillo, Sandoval, Preservation, County of Riverside, CA, Activities, General Information (202) Socorro, Valencia Counties, NM, Comment Period Ends: September 20, 564–7167 or http://www.compliance/ Comment Period Ends: September 04, 2002, Contact: Mary Ann Rondinella nepa/ 2002, Contact: Joy Nicholopoulos (916) 498–5040. Weekly receipt of Environmental Impact (505) 346–2525. This document is available on the Statements This document is available on the Internet at: http://www.rcip.org. Filed July 08, 2002 Through July 12, Internet at: http://ifw2es.fws.gov. EIS No. 020307, Draft Supplement, AFS, 2002 EIS No. 020301, Draft EIS, AFS, AK, OR, Deep Vegetation Management Pursuant to 40 CFR 1506.9. Kosciusko Island Timber Sale(s), Project, Implementation, Additional EIS No. 020294, Final EIS, AFS, NM, Harvesting Timber, Tongass National Information on Four Alternatives, Agua/Caballos Timber Sale, Forest, Thorne Bay Ranger District, Ochoo National Forest, Paulina
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Ranger District, Crook and Wheeler Dated: July 16, 2002. Patriot Extension in order to Transport Counties, OR, Comment Period Ends: Joseph C. Montgomery, 510.00 dekatherms per day (dth/day) of September 03, 2002, Contact: William Director, NEPA Compliance Division, Office Natural Gas, TN, VA and NC. E. Fish (541) 477–6900. of Federal Activities. Summary: EPA has environmental [FR Doc. 02–18282 Filed 7–18–02; 8:45 am] concerns regarding potential impacts to Amended Notices BILLING CODE 6560–50–P wetlands, nosie and air quality, as well as concerns over environmental justice EIS No. 020248, Draft EIS, COE, CA, and the need for an improved Bolinas Lagoon Ecosystem ENVIRONMENTAL PROTECTION alternatives analysis. Specific concerns Restoration, Proposal to Removal up AGENCY include sidecasting of spoil in wetlands, to 1.5 Million Cubic Yard of Sediment compressor station noise, crossing of from the bottom of Lagoon to Allow [ER–FRL–6631–3] numerous waterbodies including Restoration of Tidal Movement and potential contaminated sediments, and Eventual Restoration of Tidal Habitat, Environmental Impact Statements and Regulations; Availability of EPA proximity/safety of numerous homes Marin County, CA , Comment Period Comments within 25–50 ft of the proposed pipeline Ends: August 15, 2002, Contact: Roger route. Golden (415) 977–8703. Revision of Availability of EPA comments ERP No. D–FRC–L05225–OR Rating FR Notice Published on 06/21/2002: prepared pursuant to the Environmental EC2, North Umpqua Hydroelectric CEQ Comment Period Ending 08/05/ Review Process (ERP), under Section Project (FERC Project 1927), New 2002 has been Reestablished to 08/15/ 309 of the Clean Air Act and Section License Issuance for the existing 185.5– 2002. Due to Incomplete Distribution 102(2)(c) of the National Environmental megawatt (MW) Facility, North Umpqua of the DEIS at the time of Filing with Policy Act as amended. Requests for River, Douglas County, OR. Summary: EPA expressed USEPA under Section 1506.9 of the copies of EPA comments can be directed environmental concerns with the CEQ Regulations. to the Office of Federal Activities at (202) 564–7167. proposed project in that a number of EIS No. 020282, Final EIS, COE, NJ, An explanation of the ratings assigned plans, analyses and surveys needed to Meadowlands Mills Project, to draft environmental impact define project baseline conditions, Construction of a Mixed-Use statements (EISs) was published in FR expected environmental effects and Commercial Development, Permit dated April 12, 2002 (67 FR 17992). needed mitigation measures have not Application Number 95–07–440–RS, been completed. EPA recommends that US Army COE Section 10 and 404 Draft EISs this work be completed and Permit Issuance, Boroughs of ERP No. D–AFS–J65361–MT Rating incorporated in the EIS. EPA also Carlstadt and Monnachie, Township EC2, Black Ant Salvage Project, Salvage recommends that a monitoring and of South Hackensack, Bergen County, of 739 Acres of Dead Merchantable evaluation plan be developed and NJ , Comment Period Ends: October Trees from the Lost Fork Fire of 2001, included in the EIS along with evidence 03, 2002, Contact: Steven Schumach Lewis and Clark National Forest, that required government-to-government (212) 264–0183. Revision of FR Notice Meagher Basin County, MT. consultations with affected Tribal published on 07/05/2002: CEQ Wait Summary: EPA expressed governments have been undertaken and environmental concerns due to impacts completed. Period Ending 08/19/2002 has been on soils stated to have high to very high ERP No. D–FRC–L05226–ID Rating Extended to 10/03/2002. erosion hazards in watersheds of 303(d) EO2, C.J. Strike Hydroelectric Project EIS No. 990029, Draft EIS, FAA, OH, listed streams, when a winter logging (FERC NO. 2055), New License Cancelled—Toledo Express Airport alternative is available that reduces the Issuance, Snake and Bruneau Rivers, (TOL), Proposed Noise Compatibility impacts. EPA requested additional Owyhee and Elmore Counties, ID. Plan Air Traffic Actions and Proposed cumulative effects information and Summary: EPA expressed Aviation Related Industrial mitigation measures to reduce impacts environmental objections to three of the Development, Airport Layout Plan of the management actions. alternatives evaluated in the EIS as they and Funding, Lucas County, OH, Due: ERP No. D–AFS–J65362–MT Rating would not result in any appreciable March 17, 1999, Contact: Wally EC2, Pipestone Timber Sale and improvement to instream or riparian Welter (847) 294–8091. Revision of FR Restoration Project, Timber Harvest, environmental conditions. EPA Notice Published on 02–05–1991: Prescribed Fire Burning, Watershed expressed concerns with the Run-of- Officially Cancelled by the preparing Restoration and Associated Activities, River alternative due to the lack of a agency by letter Dated 06/05/2002. Kootenai National Forest, Libby Ranger strategy for complying with applicable District, Lincoln Lincoln County, MT. water quality standards. EPA EIS No. 020236, Draft EIS, IBR, NM City Summary: EPA expressed recommended that the EIS include of Albuquerque Drinking Water environmental concerns about adverse project impacts and mitigation, the Project, To Provide a Sustainable impacts to water quality and white sturgeon conservation strategy, Water Supply for Albuquerque recommends consideration of logging government-to-government consultation through Direct and Full Consumptive methods that reduce ground disturbance with tribes, and issues identified during Use of the City’s San Juan-Chama in areas with sensitive soils and greater scoping. (SJC) Water for Potable Purposes, erosion and sediment production ERP No. D–TVA–E65059–00 Rating Funding, Right-of-Way and COE potential. EPA will evaluate potential EC1, Pickwick Reservoir Land Section 404 Permits, City of water quality issues and consistency Management Plan (Plan), Proposal to Albuquerque, NM, Comment Period with TMDL development on private use the Plan to Guide Land-Use Ends: August 13, 2002, Contact: Lori industrial timber land in the 303(d) Approvals, Private Water Use Facility Robertson (505) 248–5326. Correction listed Bobtail Creek drainage. Permitting and Resource Management to Internet Site it should be: http:// ERP No. D–FRC–E03009–00 Rating Decisions, Colbert and Lauderdale www.uc.usbr.gov. EC2, Patriot Project, Construction and Counties, AL and Tishomingo County, Operation of Mainline Expansion and MS and Hardin County, TN,.
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Summary: EPA has environmental (PCWA) with the Year-Round Access to pathogens and pathogen indicators for concerns and recommends that TVA its Middle Fork Project (MFP) Water coastal recreation waters. This select an updated land management Entitlements from the American River, document also outlines the eligibility plan based on the management goals for Placer County, CA. requirements for monitoring and Pickwick Reservoir considering existing Summary: EPA’s previous concerns notification program implementation reservoir water quality, shoreline on the adequacy of documentation grants under Clean Water Act (CWA) development, natural resources, public regarding air quality impacts, water section 406(b). This document is comments, and the potential impacts of quality and quantity, and cumulative intended to be used by potential grant further development. EPA also impacts have been addressed in the recipients to implement effective recommends that TVA develop a FEIS. EPA encouraged the Bureau of programs for monitoring and assessing specific watershed protection plan for Reclamation to continue to work with coastal recreation waters. The document the reservoir for TVA-owned and Placer County and other entities to will also serve as requirements for managed lands and be an important minimize secondary and cumulative Federal agencies to implement beach stakeholder in the community regarding impacts that may occur as a result of the monitoring and notification programs larger watershed issues. project. when States do not implement a ERP No. DA–FRC–L05208–WA Rating program consistent with the EO2, Rocky Creek Hydroelectric Project, ERP No. F–SFW–K64019–NV performance criteria. (FERC No. 10311–002) Construction and Stillwater National Wildlife Refuge ADDRESSES: Interested persons may Operation of a 8.3–megawatt (Mw) Complex Comprehensive Conservation obtain a copy of the document from the Project, Application for License, Rocky Plan and Boundary Revision, EPA Web site at http://www.epa.gov/ Creek, Skagit County, WA. Implementation, Churchill and Washoe waterscience/beaches/ by contacting the Summary: EPA expressed Counties, NV. Office of Water Resources Center at environmental objections over potential Summary: EPA supported the new 202–260–7786 (e-mail: center.water- significant impacts to aquatic and preferred Alternative E and agrees that [email protected]); mailing address is: riparian habitat, as well as water it will best serve the protection and Office of Water Resources Center, U.S. quality. EPA recommended additional enhancement of natural diversity. EPA Environmental Protection Agency, RC– analyses to define the affected encouraged the Service to continue to 4100, 1200 Pennsylvania Avenue, NW., environment, define project impacts and work with the state and local Washington, DC 20460. Please request identify mitigation measures to be jurisdictions to implement policies and the National Beach Guidance and incorporated in the FSEIS. EPA projects that will improve overall water Required Performance Criteria for recommended selection of the No quality. EPA recommended that the Grants (EPA–823–B–02–004), June 2002. Action alternative. Service explore ways to blend the FOR FURTHER INFORMATION CONTACT: Final EISs different water sources leading to the Charles Kovatch, EPA, Standards and wetlands to help meet state water Health Protection Division (4305T), ERP No. F–COE–E36180–MS quality standards. EPA encouraged the 1200 Pennsylvania Ave., NW, Yalobusha River Watershed, consideration of mitigation actions Washington, DC 20460, or call at (202) Demonstration Erosion Control Project, identified in the FEIS to reduce wildlife 566–0399 or e-mail at Construction of Six Floodwater- exposure to toxic contamination. [email protected]. Retarding Structures, Yazoo Basin, Dated: July 16, 2002. Webster, Calhoun and Chickasaw SUPPLEMENTARY INFORMATION: Joseph C. Montgomery, Counties, MS. What Does the BEACH Act Require? Summary: EPA expressed Director, NEPA Compliance Division, Office The BEACH Act was passed on environmental concerns regarding the of Federal Activities. October 10, 2000. The BEACH Act long-term effects of the selected [FR Doc. 02–18283 Filed 7–18–02; 8:45 am] amended the CWA to add section 406, channelization and reservoir alternative, BILLING CODE 6560–50–P which authorizes EPA to award grants and suggest that these concerns could be to states and tribes to develop and addressed if measures protective of the implement a program to monitor and environmental quality of Grenada Lake ENVIRONMENTAL PROTECTION assess, for pathogens and pathogen are implemented. AGENCY indicators, coastal recreation waters ERP No. F–DOD–A11076–00 [FRL–7248–2] adjacent to beaches or similar points of Assembled Chemical Weapons National Beach Guidance and access that are used by the public and Destruction Technologies at One or Required Performance Criteria for to notify the public if applicable water More Sites: Design, Construction and Grants quality standards for pathogens and Operation of One or More Pilot Test pathogen indicators are exceeded. EPA Facilities, Anniston Army Depot, AL; AGENCY: Environmental Protection may award an implementation grant Pine Bluff Arsenal, AR; Blue Grass Agency. only if the applicant meets all of the Army Depot, KY and Pueblo Chemical ACTION: Notice of availability. statutory requirements for Depot, CO. implementation grants. One of these Summary: EPA expressed SUMMARY: The Environmental Protection requirements is that the applicant must environmental concern and requested Agency (EPA) is publishing the National implement a monitoring and public that the Record of Decision contain Beach Guidance and Required notification program that is consistent commitments for further monitoring on Performance Criteria for Grants. This with performance criteria published by air releases and the impacts to human document provides performance criteria EPA under the Act. The BEACH Act health, and nearby agricultural areas. for monitoring and assessment of coastal also requires EPA to implement a recreation waters adjacent to beaches, monitoring and notification program for ERP No. F–IBR–K39070–CA and prompt public notification of any coastal recreation waters for states and American River Pump Station Project, exceedance or likelihood of exceedance tribes that do not have a program Providing Placer County Water Agency of applicable water quality standards for consistent with EPA’s performance
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criteria, using grant funds that would identifies relevant sections of the stipulates that the State shall apply for otherwise have been available to those BEACH Act, briefly describes the final approval within 180 days prior to states and tribes. A complete copy of the corresponding performance criteria that expiration of its interim approval, BEACH Act can be found at http:// EPA has developed, and provides which in Mississippi’s case will be June www.epa.gov/waterscience/beaches/ additional grant-related information. 28, 2002. The State of Mississippi has technical.html. Chapter 3 describes the risk-based been operating its lead-based paint What Is the Purpose of the Document? evaluation process that EPA program under an interim approval recommends for states and tribes to since June 28, 1999, during which time, This document sets forth performance classify and prioritize their recreation the State has worked to address issues criteria for (1) monitoring and assessing beaches. This step-by-step approach raised by EPA concerning the State’s coastal recreation waters adjacent to allows states and tribes to assess the audit privilege/penalty mitigation beaches (or similar points of access used relative human health risks and usage of statute. However, due to statutory by the public) to determine attainment their beaches and to assign an deficiencies which remain in of applicable water quality standards for appropriate management ranking to Mississippi’s audit privilege/penalty pathogen indicators and (2) promptly each of them. Chapter 4 discusses the mitigation statute, EPA is proposing to notifying the public of any exceedance performance criteria related to disapprove their application for final or likelihood of exceedance of monitoring and assessment and approval. applicable water quality standards for provides detailed technical guidance. pathogen indicators for coastal DATES: Comments must be received on Chapter 5 describes the performance or before September 3, 2002. Public recreation waters. EPA is required to criteria and technical guidance related publish such performance criteria under hearing requests must be received on or to the public notification and risk before September 3, 2002. All CWA section 406(a). Section 406(b) communication portions of a beach authorizes EPA to award grants to states correspondence must include the docket program. The appendices include ID number OPPT–2002–0034. and tribes to implement a monitoring detailed technical information ADDRESSES: Comments and the public and notification program, but only if the associated with the topics discussed in hearing request may be submitted by program meets certain requirements (see the five chapters: CWA section 406(b)(2)(A)(i)–(v)). One of mail, electronically, or in person. Please these requirements is that the Dated: July 15, 2002 follow the detailed instructions for each monitoring and notification programs G. Tracy Mehan III, method as provided in Unit I. of the must be consistent with EPA’s Assistant Administrator for Water. SUPPLEMENTARY INFORMATION. To ensure performance criteria. [FR Doc. 02–18280 Filed 7–18–02; 8:45 am] proper receipt by EPA, it is imperative The performance criteria provide the BILLING CODE 6560–50–P that you identify docket ID number basis for EPA’s evaluation of grant OPPT–2002–0034 in the subject line on applications when deciding whether to the first page of your response. award monitoring and notification ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Rose program implementation grants under AGENCY Anne Rudd, Pesticides and Toxic section 406(b). This document is [OPPT–2002–0034; FRL–7187–5] Substances Branch, Air, Pesticides and intended to be used by potential grant Toxics Management Division, recipients to implement effective Lead-Based Paint Activities in Target Environmental Protection Agency, monitoring and notification programs Housing and Child-Occupied Facilities; Region IV, Sam Nunn Atlanta Federal that will be eligible for grants under State of Mississippi Authorization Center, 61 Forsyth Street, S.W., Atlanta, section 406. Application GA 30303; telephone number: (404) This document also includes EPA’s 562–8998; e-mail address: recommendations for implementing AGENCY: Environmental Protection [email protected]. programs consistent with the Agency (EPA). SUPPLEMENTARY INFORMATION: performance criteria. In addition, this ACTION: Notice. document also can serve as a reference I. General Information guide for how and when to conduct SUMMARY: On December 17, 2001, the preliminary beach assessments because State of Mississippi submitted an A. Does this Action Apply to Me? it outlines protocols for water sample application for EPA final approval to This action is directed to the public collection, sample handling, and administer and enforce training and in general. This action may, however, be laboratory analysis. It also provides certification requirements, training of interest to firms and individuals information about using predictive program accreditation requirements, engaged in lead-based paint activities in models to estimate indicator levels and and work practice standards for lead- the State of Mississippi. Since other includes procedures for notifying the based paint activities in target housing entities may also be interested, the public about beach advisories, closings, and child-occupied facilities under Agency has not attempted to describe all and openings. section 402 of the Toxic Substances the specific entities that may be affected Control Act (TSCA). This notice by this action. If you have any questions How Is the Document Organized? announces the receipt of Mississippi’s regarding the applicability of this action The chapters in this document cover application, provides a 45-day public to a particular entity, consult the person the following topics. Chapter 1 comment period to solicit comments on listed under FOR FURTHER INFORMATION discusses human health concerns whether the State of Mississippi CONTACT. associated with exposure to pathogens application meets the requirements for and discusses the establishment of EPA approval, and provides an B. How Can I Get Additional water quality standards for bacteria. opportunity to request a public hearing Information, Including Copies of this Chapter 2 summarizes the basic on the application. Submittal of the Document or Other Related Documents? requirements that an applicant must application for final approval by 1. Electronically. You may obtain meet to receive a program Mississippi was initiated consistent electronic copies of this document, and implementation grant. The chapter with 40 CFR 745.327(a)(1)(ii), which certain other related documents that
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might be available electronically, from number for the regional office is (404) 4. If you estimate potential burden or the EPA Internet Home Page at http:// 562–8956. costs, explain how you arrived at the www.epa.gov/. To access this 3. Electronically. You may submit estimate that you provide. document, on the Home Page select your comments electronically by e-mail 5. Provide specific examples to ‘‘Laws and Regulations,’’ ‘‘Regulations to: [email protected], or mail your illustrate your concerns. and Proposed Rules,’’ and then look up computer disk to the address identified 6. Offer alternative ways to improve the entry for this document under the above. Do not submit any information the notice. ‘‘Federal Register—Environmental electronically that you consider to be 7. Make sure to submit your Documents.’’ You can also go directly to CBI. Electronic comments must be comments by the deadline in this the Federal Register listings at http:// submitted as an ASCII file avoiding the notice. www.epa.gov/fedrgstr/. use of special characters and any form 8. To ensure proper receipt by EPA, 2. In person. The Agency has of encryption. Comments and data will be sure to identify the docket ID number established an official record for this also be accepted on standard disks in assigned to this action in the subject action under docket ID number OPPT– WordPerfect 6.1/8.0 or ASCII file line on the first page of your response. 2002–0034. The official record consists format. All comments in electronic form You may also provide the name, date, of the documents specifically referenced must be identified by docket ID number and Federal Register citation. in this action, any public comments OPPT–2002–0034. Electronic comments II. Background received during an applicable comment may also be filed online at many Federal period, and other information related to Depository Libraries. A. What Actions Have Been Taken? this action, including any information D. How Should I Handle CBI By cover letter dated March 3, 1998, claimed as Confidential Business Information That I Want To Submit to the State of Mississippi submitted an Information (CBI). This official record the Agency? application for the authorization of its includes the documents that are State Lead-Based Paint Training and physically located in the docket, as well Do not submit any information Certification Program (‘‘Lead-Based as the documents that are referenced in electronically that you consider to be Paint Program’’) pursuant to section 404 those documents. The public version of CBI. You may claim information that of TSCA (15 U.S.C. 2684) (63 FR 38647). the official record does not include any you submit to EPA in response to this Following this submission, EPA information claimed as CBI. The public document as CBI by marking any part or identified issues arising from the State version of the official record, which all of that information as CBI. of Mississippi’s audit privilege/penalty includes printed, paper versions of any Information so marked will not be mitigation statute (Miss. Code Ann. 49– electronic comments submitted during disclosed except in accordance with 2–71 and 49–17–43) which unduly an applicable comment period, is procedures set forth in 40 CFR part 2. restricts the State’s ability to fully available for inspection from 8 a.m. to In addition to one complete version of administer and enforce its lead-based 4 p.m., Monday through Friday, the comment that includes any paint program and prevents the State excluding legal holidays. The docket is information claimed as CBI, a copy of from obtaining authorization. located at the regional office library, the comment that does not contain the By letter dated December 17, 1998, Sam Nunn Atlanta Federal Center, 9th information claimed as CBI must be EPA informed the State that EPA could Floor - Tower, 61 Forsyth Street, S.W., submitted for inclusion in the public grant interim, instead of final, approval Atlanta, GA. The telephone number for version of the official record. of the State’s Lead-Based Paint Program. the library is (404) 562–8190. Information not marked confidential Subsequently, on June 28, 1999, the will be included in the public version C. How and to Whom Do I Submit State of Mississippi withdrew the March of the official record without prior Comments? 3, 1998, request for final approval, and notice. If you have any questions about asked that the application be considered You may submit comments through CBI or the procedures for claiming CBI, instead as a submittal for interim the mail, in person, or electronically. To please consult the person identified approval. ensure proper receipt by EPA, it is under FOR FURTHER INFORMATION The State of Mississippi has been imperative that you identify docket ID CONTACT. operating its Lead-Based Paint Program number OPPT–2002–0034 in the subject E. What Should I Consider as I Prepare under interim approval since June 28, line on the first page of your response. My Comments for EPA? 1999. Interim approval expires on June 1. By mail. Submit your comments 28, 2002. EPA has worked with the State and hearing requests to: Rose Anne We invite you to provide your views to remedy deficiencies in the State’s Rudd, Pesticides and Toxic Substances on the various options we propose, new statutes. However, two deficiencies at Branch, Air, Pesticides and Toxics approaches we have not considered, the Miss. Code Ann. 49–2–71 and 49–17– Management Division, Environmental potential impacts of the various options 43(g) have not been corrected which Protection Agency, Region IV, Sam (including possible unintended impair the State’s ability to provide Nunn Atlanta Federal Center, 61 consequences), and any data or adequate enforcement in criminal Forsyth Street, S.W., Atlanta, GA 30303. information that you would like the proceedings and investigations, and in 2. In person or by courier. Deliver Agency to consider during the assessment of appropriate penalties. your comments and hearing requests to: development of the final action. You The Mississippi Audit Privilege/ Pesticides and Toxic Substances may find the following suggestions Penalty Mitigation Statute at Miss. Code Branch, Air, Pesticides and Toxics helpful for preparing your comments: Ann. 49–2–71 creates a privilege for Management Division, Environmental 1. Explain your views as clearly as self-evaluation reports and is applicable Protection Agency, Region IV, Sam possible. to criminal proceedings and Nunn Atlanta Federal Center, 61 2. Describe any assumptions that you investigations. Under this statute, self- Forsyth Street, S.W., Atlanta, GA 30303. used. evaluation reports are not admissible in The regional office is open from 8 a.m. 3. Provide copies of any technical any legal or investigative action in a to 5 p.m., Monday through Friday, information and/or data you used that criminal proceeding and are not subject excluding legal holidays. The telephone support your views. to discovery. To have adequate criminal
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enforcement authority, Mississippi law reviewed by EPA within 180 days of own authorized program in place by must allow state officials unfettered receipt of a complete application. Due to August 31, 1998. access to evidence of criminal conduct the statutory deficiencies contained in States and Tribes that choose to apply regardless of whether that evidence is Mississippi’s audit privilege/penalty for program authorization must submit contained in an environmental self- mitigation statute and its application to a complete application to the evaluation report. Criminal privilege the lead-based paint training and appropriate Regional EPA Office for impairs the state’s ability to access certification program, EPA proposes to review. To receive EPA approval, a State evidence of criminal conduct needed for disapprove the application for final or Tribe must demonstrate that its criminal investigations, grand jury approval. program is at least as protective of proceedings, and prosecutions. Pursuant to section 404(b) of TSCA human health and the environment as Requirements such as an in camera (15 U.S.C. 2684(b)), EPA provides notice the Federal program, and provides for hearing prior to the use of a self- and an opportunity for a public hearing adequate enforcement (section 404(b) of evaluation report will significantly on a State or Tribal program application TSCA, 15 U.S.C. 2684(b)). EPA’s impede criminal enforcement. The before approving or disapproving the regulations (40 CFR part 745, subpart Q) statute unduly restricts criminal application. Therefore, by this notice provide the detailed requirements a enforcement authority; therefore, EPA is soliciting public comment on State or Tribal program must meet in Mississippi’s Lead-Based Paint Program whether the State of Mississippi order to obtain EPA approval. does not provide adequate enforcement application meets the requirements for A State may choose to certify that its authority. EPA approval. This notice also provides lead-based paint activities program The Mississippi penalty mitigation an opportunity to request a public meets the requirements for EPA provisions at Miss. Code Ann. 49–17– hearing on the application. If a hearing approval, by submitting a letter signed 43(g) unduly limit Mississippi’s is requested and granted, EPA will issue by the Governor or Attorney General authority to assess appropriate a Federal Register notice announcing stating that the program meets the penalties. The penalty mitigation the date, time, and place of the hearing. requirements of section 404(b) of TSCA. provisions in this statute mandate EPA’s final decision on the application Upon submission of such certification assessment of a de minimis or zero will be published in the Federal letter, the program is deemed authorized penalty when a person discovers Register. (15 U.S.C. 2684(a)). This authorization noncompliance through a voluntary C. What is the Agency’s Authority for becomes ineffective, however, if EPA self-evaluation, discloses that Taking this Action? disapproves the application or information, and meets all other withdraws the program authorization. conditions of the statute. The statute On October 28, 1992, the Housing and does not provide sufficient flexibility or Community Development Act of 1992, III. State Program Description discretion for assessment of appropriate Pub. L. 102–550, became law. Title X of Summary penalties. Although the statute contains that statute was the Residential Lead- The following summary of exceptions and conditions, EPA has Based Paint Hazard Reduction Act of Mississippi’s proposed final program consistently maintained that another 1992. That Act amended TSCA (15 has been provided by the applicant. exception must be created. The penalty U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C. 2681–92), titled Lead Mississippi Lead-Based Paint Training reduction provision should not apply in and Certification Program a case involving repeat violations. Exposure Reduction. Application of the penalty reduction Section 402 of TSCA (15 U.S.C. 2682) The State of Mississippi, through the provision to repeat violations would not authorizes and directs EPA to Mississippi Department of yield a penalty appropriate to the promulgate final regulations governing Environmental Quality (MDEQ), is violation, as a de minimis or zero lead-based paint activities in target seeking final authorization from EPA to penalty would provide no incentive for housing, public and commercial administer and enforce its own lead- a person to fully implement measures to buildings, bridges and other structures. based paint activities program. prevent future violations. Accordingly, Those regulations are to ensure that Regulations setting out the procedures the application of the penalty mitigation individuals engaged in such activities and requirements for these activities provision to the Lead-Based Paint are properly trained, that training were adopted by the Commission on Program renders the requisite programs are accredited, and that Environmental Quality on January 22, enforcement authority inadequate. individuals engaged in these activities 1998. Requirements under the As a result, EPA believes that it are certified and follow documented regulations were applicable beginning cannot grant final approval of the State work practice standards. Under section August 31, 1998. The authority to of Mississippi’s Lead-Based Paint 404 (15 U.S.C. 2684), a State may seek administer and enforce a State program Program and has initiated the process to authorization from EPA to administer was provided for in the ‘‘Lead-Based withdraw Mississippi’s interim and enforce its own lead-based paint Paint Activity Accreditation and authorization pursuant to 40 CFR activities program. Certification Act’’ passed by the 745.324(i). The action to withdraw On August 29, 1996 (61 FR 45777) Mississippi Legislature during the 1997 Mississippi’s program is independent of (FRL–5389–9) EPA promulgated final regular session. the proposed action to disapprove TSCA section 402/404 regulations The State lead-based paint program Mississippi’s final application outlined governing lead-based paint activities in regulations are applicable to persons in Unit II. B. of this document. target housing and child-occupied engaged in lead-based paint activities in facilities (a subset of public buildings). target housing and child-occupied B. What Action is the Agency Taking? Those regulations are codified at 40 CFR facilities. The State certification The State of Mississippi has part 745, and allow both States and program requirements include the submitted an application to EPA Region Indian Tribes to apply for program certification of firms, inspectors, risk IV, under section 404 of TSCA and has authorization. Pursuant to section assessors, supervisors, project designers requested final approval of its lead- 404(h) of TSCA (15 U.S.C. 2684(h)), EPA and workers. Each certification based paint training and certification is to establish the Federal program in discipline must meet required academic program. This application will be any State or Tribal Nation without its and/or experience requirements of the
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State program regulations. Individuals List of Subjects to the Paperwork Reduction Act, contact must successfully pass the third party Environmental protection, Hazardous Judith Boley Herman at 202–418–0214 exam applicable to the certification substances, Lead, Reporting and or via the Internet at [email protected]. discipline in order to be certified. The recordkeeping requirements. SUPPLEMENTARY INFORMATION: State program sets forth work practice OMB Control No.: 3060–0787. standards for persons performing lead- Dated: July 9, 2002. Title: Implementation of the based paint activities. The State J.I. Palmer, Jr., Subscriber Carrier Selection Changes program requires the filing of a project Regional Administrator, Region IV. Provisions of the Telecommunications notification, in writing, prior to the [FR Doc. 02–18223 Filed 7–18–02; 8:45 am] Act of 1996; Policies and Rules commencement of any lead-based paint BILLING CODE 6560–50–S Concerning Unauthorized Changes of abatement activity. Consumers Long Distance Carriers. All initial and refresher lead-based Form No.: FCC Form 478. paint activities training programs must FEDERAL COMMUNICATIONS Type of Review: Extension of a be accredited. The State program COMMISSION currently approved collection. requires training programs to notify the Respondents: Individuals or State prior to conducting a training Notice of Public Information households, businesses or other for- course. Full approval of a training Collection(s) Being Reviewed by the profit, State, local or tribal government. program’s lead-based paint activities Federal Communications Commission Number of Respondents: 28,414. course is contingent on a satisfactory Estimated Time Per Response: 7 hours July 5, 2002. on-site course audit. The State program per submission; 14 hours for other SUMMARY: The Federal Communications provides for the suspension, revocation, requirements. Commission, as part of its continuing or modification of training program Frequency of Response: On occasion effort to reduce paperwork burden accreditation and certifications of and semi-annual reporting invites the general public and other individuals and firms. requirements, recordkeeping Federal agencies to take this requirements, third party disclosure The State lead program also conducts opportunity to comment on the requirements. outreach and compliance assistance following information collection(s), as Total Annual Burden: 135,126 hours. activities. The objective of the activities required by the Paperwork Reduction Total Annual Cost: N/A. is to educate the public and regulated Act of 1995, Public Law 104–13. An Needs and Uses: The goal of section community of the hazards of lead-based agency may not conduct or sponsor a 258 is to eliminate the practice of paint. The activities also inform the collection of information unless it ‘‘slamming’’, which is the unauthorized public and regulated community of the displays a currently valid control change of a subscriber’s preferred regulatory requirements applicable to number. No person shall be subject to carrier. The rules and requirements lead-based paint activities. any penalty for failing to comply with implementing section 258 can be found IV. Federal Overfiling a collection of information subject to the in 47 CFR part 64. The purpose of the Paperwork Reduction Act (PRA) that rules is to improve the carrier change Section 404(b) of TSCA makes it does not display a valid control number. process for consumers and carriers unlawful for any person to violate, or Comments are requested concerning (a) alike, while making it more difficult for fail or refuse to comply with, any whether the proposed collection of unscrupulous carriers to perpetrate requirement of an approved State or information is necessary for the proper slams. In addition, each telephone Tribal program. Therefore, EPA reserves performance of the functions of the exchange carrier and/or telephone toll the right to exercise its enforcement Commission, including whether the provider is required to submit a semi- authority under TSCA against a information shall have practical utility; annual report on the number of violation of, or a failure or refusal to (b) the accuracy of the Commission’s slamming complaints it receives. comply with, any requirement of an burden estimate; (c) ways to enhance authorized State or Tribal program. the quality, utility, and clarity of the Federal Communications Commission. information collected; and (d) ways to Marlene H. Dortch, V. Submission to Congress and the minimize the burden of the collection of Secretary. Comptroller General information on the respondents, [FR Doc. 02–18182 Filed 7–18–01; 8:45 am] The Congressional Review Act, 5 including the use of automated BILLING CODE 6712–01–U U.S.C. 801 et seq., as added by the Small collection techniques or other forms of Business Regulatory Enforcement information technology. FEDERAL COMMUNICATIONS Fairness Act of 1996, generally provides DATES: Written comments should be COMMISSION that before certain actions may take submitted on or before August 19, 2002. If you anticipate that you will be effect, the Agency promulgating the Notice of Public Information submitting comments, but find it action must submit a report, which Collection(s) being Reviewed by the difficult to do so within the period of includes a copy of the action, to each Federal Communications Commission House of the Congress and to the time allowed by this notice, you should Comptroller General of the United advise the contact listed below as soon July 10, 2002. States. EPA will submit a report as possible. SUMMARY: The Federal Communications containing this action and other ADDRESSES: Direct all comments to Commission, as part of its continuing required information to the U.S. Senate, Judith Boley Herman, Federal effort to reduce paperwork burden the U.S. House of Representatives, and Communications Commission, Room 1– invites the general public and other the Comptroller General of the United C804, 445 12th Street, SW., DC 20554 or Federal agencies to take this States prior to publication of this via the Internet to [email protected]. opportunity to comment on the document in the Federal Register. This FOR FURTHER INFORMATION CONTACT: For following information collection(s), as action is not a ‘‘major rule’’ as defined additional information or copies of the required by the Paperwork Reduction by 5 U.S.C. 804(2). information collection(s) as it pertains Act of 1995, Public Law 104–13. An
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agency may not conduct or sponsor a Opinion and Order on Reconsideration, collection techniques or other forms of collection of information unless it issued in CC Docket No. 95–116, the information technology. displays a currently valid control Commission implements new and/or DATES: Written comments should be number. No person shall be subject to modified requirements. (1) In order to submitted on or before July 26, 2002. If any penalty for failing to comply with calculate a multi-region carrier’s share you anticipate that you will be a collection of information subject to the of LNP administration costs, the agency submitting comments, but find it Paperwork Reduction Act (PRA) that needs a certification if that carrier difficult to do so within the period of does not display a valid control number. cannot divide its revenue by LNP region time allowed by this notice, you should Comments are requested concerning (a) and instead chooses to allocate such advise the contacts listed below as soon whether the proposed collection of revenue by subscriber percentages. (2) as possible. information is necessary for the proper To ensure that a non-LNP capable performance of the functions of the incumbent LEC participating in an ADDRESSES: Direct all comments to Kim Commission, including whether the extended area service calling plan with A. Johnson, Office of Management and information shall have practical utility; an LNP-capable carrier complies with Budget, Room 10236 NEOB, (b) the accuracy of the Commission’s LNP cost recovery law and rules, the Washington, DC 20503, (202) 395–7232 burden estimate; (c) ways to enhance agency needs the collection by tariff if or via internet at the quality, utility, and clarity of the such a carrier seeks to recover its query [email protected], and information collected; and (d) ways to and LNP administration costs. Judith Boley Herman, Federal minimize the burden of the collection of The information is collected and Communications Commission, Room 1– information on the respondents, required by the Commission and will be C804, 445 12th Street, SW., Washington, including the use of automated used to implement Section 251 of the DC 20554 or via internet to collection techniques or other forms of Communications Act of 1934, as [email protected]. information technology. amended. FOR FURTHER INFORMATION CONTACT: For DATES: Written comments should be Federal Communications Commission. additional information or copies of the submitted on or before August 19, 2002. Marlene H. Dortch, information collections contact Judith If you anticipate that you will be Secretary. Boley Herman at 202–418–0214 or via submitting comments, but find it [FR Doc. 02–18249 Filed 7–18–02; 8:45 am] internet at [email protected]. difficult to do so within the period of BILLING CODE 6712–01–P time allowed by this notice, you should SUPPLEMENTARY INFORMATION: The advise the contact listed below as soon Commission has requested emergency as possible. FEDERAL COMMUNICATIONS OMB review of this collection with an ADDRESSES: Direct all comments to COMMISSION approval by July 26, 2002. Judith Boley Herman, Federal Public Information Collection(s) OMB Control Number: 3060–XXXX. Communications Commission, Room 1– Requirement Submitted to OMB for Type of Review: New collection. C804, 445 12th Street, SW, DC 20554 or Emergency Review and Approval via the Internet to [email protected]. Title: Letter Re: In the matter of the Commission’s Rules to Ensure FOR FURTHER INFORMATION CONTACT: For July 15, 2002. Compatibility with Enhanced 911 additional information or copies of the SUMMARY: The Federal Communications Emergency Calling Systems. information collection(s), contact Judith Commission, as part of its continuing Boley Herman at 202–418–0214 or via effort to reduce paperwork burden Form No.: N/A. the Internet at [email protected]. invites the general public and other Respondents: Business or other for- SUPPLEMENTARY INFORMATION: Federal agencies to take this profit, not for-profit institutions, state, opportunity to comment on the OMB Control No.: 3060–0742. local or tribal government. following information collection(s), as Title: Telephone Number Portability required by the Paperwork Reduction Number of Respondents: 6. (47 CFR part 52, subpart C, Sections Act of 1995, Public Law 104–13. An Estimated Time Per Response: 8 52.21–52.33) and CC Docket No. 95– agency may not conduct or sponsor a hours. 116. collection of information unless it Form No.: N/A. Frequency of Response: On-time displays a currently valid control reporting requirement. Type of Review: Revision of a number. No person shall be subject to currently approved collection. any penalty for failing to comply with Total Annual Burden: 48 hours. Respondents: Business or other for- a collection of information subject to the Total Annual Cost: N/A. profit. Paperwork Reduction Act (PRA) that Needs and Uses: The Chief of the Number of Respondents: 1,858 does not display a valid control number. Wireless Telecommunications Bureau respondents; 1,975 responses. Comments are requested concerning (a) seeks information from six of the Estimated Time Per Response: .50 ‘‘ whether the proposed collection of nation’s Incumbent Local Exchange 149 hours (average). information is necessary for the proper Carriers (ILECs) regarding the status of Frequency of Response: performance of the functions of the their Automatic Location Information Recordkeeping requirement, third party Commission, including whether the databases in order to assist Commercial disclosure requirement, on occasion and information shall have practical utility; Mobile Radio Carriers planning their annual reporting requirements. (b) the accuracy of the Commission’s transition to E911. Total Annual Burden: 13,613 hours. burden estimate; (c) ways to enhance Total Annual Cost: $76,635. the quality, utility, and clarity of the Federal Communications Commission. Needs and Uses: 47 CFR part 52, information collected; and (d) ways to Marlene H. Dortch, subpart C, implements the statutory minimize the burden of the collection of Secretary. requirement that LECs provide number information on the respondents, [FR Doc. 02–18250 Filed 7–18–02; 8:45 am] portability. In the Memorandum including the use of automated BILLING CODE 6712–01–P
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FEDERAL COMMUNICATIONS Room CY–A257, Washington, DC 20554. Eligible Bidders COMMISSION The Auction No. 44 Revised Procedures Public Notice may also be purchased 4. Pursuant to the Auction Reform [Report No. AUC 02–44–G (Auction No. 44); from the Commission’s duplicating Act, only those entities that were DA 02–1491] contractor, Qualex International, Portals qualified bidders for Auction No. 44 are eligible to participate in the rescheduled Auction No. 44 Revised Schedule, II, 445 12th Street, SW., Room CY–B402, Auction No. 44. Accordingly, only the License Inventory, and Procedures Washington, DC 20554, telephone 202– 863–2893, facsimile 202–863–2898, or 128 qualified bidders identified in the AGENCY: Federal Communications via e-mail [email protected]. Auction No. 44 Qualified Bidders Public Commission. 1. By the Auction No. 44 Revised Notice, are eligible to participate in ACTION: Notice. Procedures Public Notice, the Wireless Auction No. 44. Telecommunications Bureau (‘‘Bureau’’) Continuing Application of Anti- SUMMARY: This document revises the revises the schedule, license inventory, Collusion Rule schedule, license inventory, and and procedures for Auction No. 44 in procedures for Auction No. 44 in order order to comply with the recently 5. All parties that submitted short- to comply with the recently enacted enacted Auction Reform Act of 2002, form applications to participate in Auction Reform Act of 2002. Auction Public Law 107–195. With the exception Auction No. 44, including but not No. 44 will start on August 27, 2002 and of the changes set forth in the Auction limited to qualified bidders, are offer licenses for the C and D block in No. 44 Revised Procedures Public reminded that they remain subject to the the Lower 700 MHZ band. This Notice, the Commission’s competitive Commission’s anti-collusion rule until document identifies the qualified bidding rules and the procedures, terms the post-auction down payment bidders eligible to participate in the and conditions previously announced in deadline. rescheduled Auction No. 44 and the Auction No. 44 Procedures Public procedures for the qualified bidders to Notice, 67 FR 20773 (April 26, 2002), Revised Auction No. 44 License follow. will apply in Auction No. 44. Inventory 2. Pursuant to the Auction Reform DATES: Auction No. 44 is scheduled to 6. In compliance with the Auction Act, the Commission will commence begin on August 27, 2002. Reform Act, rescheduled Auction No. 44 Auction No. 44 on August 27, 2002 with FOR FURTHER INFORMATION CONTACT: will offer 740 C and D block licenses in an inventory of 740 licenses in the the Lower 700 MHZ bands. The C block Auctions and Industry Analysis Lower 700 MHz C and D blocks, or the is a 12-megahertz spectrum block, Division: Howard Davenport, Legal 710–716/740–746 MHz and 716–722 consisting of a pair of 6-megahertz Branch, or Lyle Ishida, Auctions MHz bands. The Auction Reform Act segments, which is licensed over 734 Operations Branch, at (202) 418–0660; provides that the Commission may not Metropolitan Statistical Areas (‘‘MSAs’’) Linda Sanderson, Auctions Operations commence Auction No. 44 on June 19, and Rural Service Areas (‘‘RSAs’’) Branch, at (717) 338–2888. Auctions 2002 as previously scheduled. The (sometimes collectively referred to as Accounting Group: Gail Glasser at (202) Auction Reform Act defines the entities Cellular Market Areas (‘‘CMAs’’)). The D 418–0578 or Tim Dates at (202) 418– that are eligible to bid in a rescheduled block is a 6-megahertz unpaired 0496. Media Contact: Meribeth auction of the C and D block licenses. spectrum block, which is licensed over McCarrick at (202) 418–0654. The Auction Reform Act also directs the six 700 MHz Economic Area Groupings SUPPLEMENTARY INFORMATION: This is a Commission to return certain payments (‘‘700 MHz EAGs’’). A complete revised summary of the Auction No. 44 Revised to certain bidders within one month of list of licenses available in Auction No. Procedures Public Notice released June its enactment. 26, 2002. The complete text of the 44 and their descriptions is included in Auction No. 44 Revised Procedures New Auction Start Date Attachment A of the Auction No. 44 Public Notice, including attachment, is 3. Auction No. 44 will begin on Revised Procedures Public Notice. available for public inspection and August 27, 2002. A complete list of all 7. The following table contains the copying during regular business hours relevant dates appears at the end of the block/frequency cross-reference for the at the FCC Reference Information Auction No. 44 Revised Procedures 710–716/740–746 MHz and 716–722 Center, Portals II, 445 12th Street, SW., Public Notice. MHz Bands:
Bandwidth Number of Block Frequencies (MHz) (MHz) Pairing Geographic area type licenses
C ...... 710Ð716, 740Ð746 ...... 12 MHz 2 x 6 MHz ...... MSA/RSA ...... 734 D ...... 716Ð722 ...... 6 MHz Unpaired ...... 700 MHz EAG ...... 6
Return of Upfront Payments for payments that purchased sufficient for each dollar returned. No qualified Qualified Bidders Eligible To Bid on A, eligibility to bid on at least one of the bidder will be able to increase its B, or E Blocks licenses in those blocks (i.e., an upfront eligibility after 6 p.m. ET, July 26, 2002, payment of at least $3,069,000). the deadline for selecting additional 8. In compliance with the Auction Qualified bidders are reminded that, licenses (see Selecting Additional Reform Act, the Commission will honor pursuant to the Auction No. 44 Licenses) and supplementing upfront timely requests for the return of upfront Procedures Public Notice, they only may payments (see Supplementing Upfront payments to payer(s) of record for bid on licenses when they have Payments). Qualified bidders should qualified bidders eligible to bid on A, B sufficient bidding units of eligibility. take all available precautions to assure or E block licenses, i.e., qualified Full or partial return of upfront that upfront payments held by the bidders that selected licenses in the A, payments will reduce the qualified Commission provide sufficient B or E blocks and have upfront bidder’s eligibility by one bidding unit eligibility to bid on all the licenses in
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which they have an interest. As Early Departure From Auction No. 44 instructions submitted by the payer(s) of discussed further in Auction and Upfront Payment Refunds record, upfront payment(s) will be Registration Information, after 12. Due to the changes made to returned to the payer(s) of record as completing the procedures set forth in Auction No. 44 by the Auction Reform identified on the FCC Form 159 that the Auction No. 44 Revised Procedures Act, the Bureau will permit any accompanied the upfront payment(s). Public Notice, the Bureau will issue a qualified bidder not eligible to bid on A, Please call Gail Glasser at (202) 418– public notice providing a final list of all B or E block licenses to forgo further 0578 or Tim Dates at (202) 418–0496 qualified bidders, their license participation and depart from Auction with any questions regarding wire transfer procedures. selections, upfront payments, and No. 44 following the release of the 15. The Commission will honor bidding eligibility. Auction No. 44 Revised Procedures requests for early departure and will 9. To obtain a full or partial return of Public Notice but no later than 6 p.m. refund full upfront payments that upfront payment(s) to payer(s) of record ET July 3, 2002. The Bureau provides comply with these procedures and that for a qualified bidder eligible to bid on this procedure because qualified bidders are received after the release of the A, B or E block licenses, the qualified could not have anticipated the Auction No. 44 Revised Procedures bidder’s authorized representative or statutorily mandated changes in Public Notice but no later than 6 p.m. contact person identified on FCC Form Auction No. 44 at the time they ET July 3, 2002. Qualified bidders 175 must send electronic mail submitted their applications to intending to make use of the procedures containing the following information to participate. The upfront payments of are urged to do so promptly to avoid last [email protected], following the release any qualified bidders departing from minute errors. UNTIMELY REQUESTS of the Auction No. 44 Revised Auction No. 44 will be refunded in full WILL NOT BE HONORED. Procedures Public Notice but no later to the payer(s) of record. Qualified than 6 p.m. ET on July 3, 2002: bidders not eligible to bid on A, B or E Selecting Additional Licenses • A subject line indicating a request block licenses that depart using this 16. Due to the changes made to for Auction No. 44 upfront payment procedure may obtain only full—NOT Auction No. 44 by the Auction Reform return; partial—refunds of upfront payments. Act, the Bureau will permit qualified Qualified bidders departing from • The qualified bidder’s name; bidders not departing from the auction Auction No. 44 may NOT supplement • to select additional licenses. The Bureau The total amount of the upfront their upfront payments (see provides this procedure because payment for the qualified bidder to be Supplementing Upfront Payments). qualified bidders could not have returned; Consequently, qualified bidders anticipated the statutorily mandated • The name, street address, and departing from Auction No. 44 and changes in Auction No. 44 at the time telephone number of the party sending having upfront payments refunded will they submitted their original license the email; and have zero bidding units of eligibility selections. Accordingly, for purposes of • For each payer of record to receive and no longer be eligible to bid on any allowing qualified bidders to make a return payment, the following wire licenses in Auction No. 44. Any additional license selections in transfer information: Amount of Wire qualified bidders departing from compliance with the Auction No. 44 Transfer, Name and Address of Bank, Auction No. 44 remain subject to the Revised Procedures Public Notice, the ABA Number, Contact and Phone Commission’s anti-collusion rule until Bureau waives on its own motion the Number, Account Number to Credit, the post-auction down payment prohibition against changes in the Name of Account Holder, FCC deadline. license service areas identified on the Registration Number (FRN), Taxpayer 13. To forgo further participation and qualified bidder’s short-form Identification Number, Correspondent have the upfront payment refunded, a application as licenses on which the Bank (if applicable), ABA Number, and qualified bidder’s authorized qualified bidder intends to bid. Account Number. representative or contact person Qualified bidders are not authorized to identified on FCC Form 175 must send de-select any licenses already selected, 10. All returns will be made by wire electronic mail containing the following but, pursuant to the Commission’s usual transfer. Absent other sufficient written information to [email protected] procedures, need not bid on every instructions submitted by the payer(s) of following the release of the Auction No. license selected. In addition, the record, upfront payment(s) will be 44 Revised Procedures Public Notice but Commission’s prohibition against any returned to the payer(s) of record as no later than 6 p.m. ET on July 3, 2002: other major amendments, e.g., changes identified on the FCC Form 159 that • A subject line indicating departure in ownership that would constitute an accompanied the upfront payment(s). from Auction No. 44; assignment or transfer of control, also Please call Gail Glasser at (202) 418– • The qualified bidder’s name; remains in effect. Any application of the 0578 or Tim Dates at (202) 418–0496 • The name, street address, and Commission’s anti-collusion rule will with any questions regarding wire telephone number of the party sending take into account a qualified bidder’s transfer procedures. the email; and selection of any additional licenses. 11. The Commission will honor • For each payer of record, the 17. To select additional licenses, the requests for returns of upfront payment following wire transfer information: qualified bidder’s authorized from qualified bidders that comply with Name and Address of Bank, ABA representative or contact person must these procedures and that are received Number, Contact and Phone Number, send an electronic mail to after the release of the Auction No. 44 Account Number to Credit, Name of [email protected] no earlier than July Revised Procedures Public Notice but no Account Holder, FCC Registration 22, 2002 but no later than 6 p.m. ET on later than 6 p.m. ET July 3, 2002. Number (FRN), Taxpayer Identification July 26, 2002 with the following Qualified bidders intending to make use Number, Correspondent Bank (if information: of these procedures are urged to do so applicable), ABA Number, Account • A subject line indicating Auction promptly to avoid last minute errors. Number. No. 44 additional license selection; UNTIMELY REQUESTS WILL NOT BE 14. All refunds will be made by wire • In the text of the message, the HONORED. transfer. Absent other sufficient written bidder must:
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(i) List the Qualified Bidder’s FRN Mellon Bank no earlier than July 22, received at Mellon Bank no earlier than number; and 2002, but no later than 6 p.m. ET on July July 22, 2002, but no later than 6:00 (ii) List the additional licenses on 26, 2002. The FCC Form 159 is available p.m. ET on July 26, 2002. Parties that which it wishes to bid in Auction No. on-line via a link from www.fcc.gov/ intend to make use of the procedures are 44. The licenses must be listed one per formpage.html. The FCC Form 159 must urged to do so early in the period to line and must correspond precisely to be filed with Mellon Bank via facsimile avoid last minute errors. UNTIMELY the ‘‘License Number’’ column found in at (412) 209–6045. A completed FCC SUPPLEMENTAL UPFRONT Attachment A to the Auction No. 44 Form 159 must be faxed to Mellon Bank PAYMENTS WILL NOT INCREASE A Revised Procedures Public Notice. at least one hour before placing the QUALIFIED BIDDER’S ELIGIBILITY. Failure to list valid license numbers as order for the wire transfer (but on the Auction Registration Information provided in Attachment A will prevent same business day). On the cover sheet the license from being added to the of the fax, write ‘‘Wire Transfer— 24. Approximately ten days before the Form 175. The licenses may be listed in Auction Payment for Auction Event No. auction, the Commission will issue a any order, and are not to be preceded by 44.’’ public notice providing a final list of all any labels or titles. Only additional 21. Please note that: qualified bidders, their license licenses should be listed; do not list the • All payments must be made in U.S. selections, and upfront payments licenses previously submitted on the dollars. received for this auction. Form 175 that were reported in the • All payments must be made by wire 25. Qualified bidders planning to Auction No. 44 Qualified Bidders Public transfer. participate in Auction No. 44 should Notice. • Supplemental upfront payments for retain ALL materials previously sent by 18. For example, the following Auction No. 44 will go to the same overnight delivery in two separate message would correctly request the lockbox number used for the initial mailings on June 11, 2002. These addition of three licenses to the bidder Auction No. 44 upfront payment, as materials WILL NOT be re-sent (e.g., with the specified FRN: listed. Bidder Identification Numbers, SecurID • cards, FCC Auctions Bidding System Subject Line: Auction No. 44 Additional Failure to deliver the supplemental User Manual). License Selection upfront payment by the July 26, 2002, FRN: 0123456789 deadline will result in the bidder not Bidder Identification Number WZ–CMA003–C receiving the corresponding additional eligibility. 26. Qualified bidders should keep the WZ–EAG706–D letter sent by overnight delivery on June WZ–EAG701–D Making Supplemental Upfront 11, 2002 that includes their Bidder 19. To be effective, additional license Payments by Wire Transfer Identification Number (‘‘BIN’’) stored in selections must comply with these 22. Wire transfer payments must be a safe and secure location. Each procedures and be received no earlier received no later than 6:00 p.m. ET on qualified bidder’s BIN remains the same than July 22, 2002 but no later than 6 July 26, 2002. To avoid untimely and will not be changed for the p.m. ET July 26, 2002. Parties that payments, applicants should discuss rescheduled Auction No. 44. intend to make use of these procedures arrangements (including bank closing are urged to do so early in the period to SecurID Cards schedules) with their banker several avoid last minute errors. UNTIMELY 27. Qualified bidders should keep the days before they plan to make the wire ADDITIONAL LICENSE SELECTIONS SecurID Card sent by overnight delivery transfer, and allow sufficient time for WILL NOT BE EFFECTIVE. on June 11, 2002 stored in a safe and the transfer to be initiated and secure location. These same cards will Supplementing Upfront Payments completed before the deadline. be used for the rescheduled Auction No. Applicants will need the following 20. In addition, due to changes made 44. SecurID cards will be re-set to ‘‘new information: to Auction No. 44 by the Auction PIN’’ mode prior to the Mock Auction Reform Act, the Bureau will permit ABA Routing Number: 043000261. scheduled for August 22, 2002. qualified bidders not departing from Receiving Bank: Mellon Pittsburgh. Qualified bidders should refer to their Auction No. 44 to supplement their Beneficiary: FCC/Account # 910–1182. ‘‘FCC Auctions Bidding System User existing upfront payments to purchase OBI Field: (Skip one space between Manual (Auction 44)’’ for complete additional bidding eligibility. The each information item). details on how to Access the FCC Bureau provides this procedure because ‘‘AUCTIONPAY’’. Bidding System. qualified bidders could not have FCC Registration Number (FRN): (same 28. After participation in Auction No. anticipated the statutorily mandated as FCC Form 159, block 11 and/or 21). 44 is completed, qualified bidders are changes in Auction No. 44 at the time Payment Type Code: (same as FCC Form encouraged to return their SecurID cards they submitted their original upfront 159, block 24A: A44U). to the Commission for recycling. payments. Accordingly, for purposes of FCC Code 1: (same as FCC Form 159, Qualified bidders will receive a pre- allowing qualified bidders that do not block 28A: ‘‘44’’). addressed, stamped envelope for use in depart from Auction No. 44 to make Payer Name: (same as FCC Form 159, returning SecurID cards together with supplemental upfront payments in block 2). their copy of the Auction No. 44 Revised compliance with the Auction No. 44 Lockbox No.: # 358415. Procedures Public Notice. Qualified Revised Procedures Public Notice, the Note: The BNF and Lockbox number are bidders that forgo further participation Bureau waives on its own motion the specific to the upfront payments for this in Auction No. 44 are encouraged to prior deadline for upfront payments. To auction; do not use BNF or Lockbox numbers return their SecurID cards now. exercise this option, qualified bidders from previous auctions. Qualified bidders participating in must submit the additional upfront 23. Bidders should confirm the Auction No. 44 may return their payment accompanied by an FCC receipt and the amount of their upfront SecurID cards after the close of the Remittance Advice Form (FCC Form 159 payment at Mellon Bank by contacting auction. Please note that each SecurID (Revised 2/00)). All supplemental their sending financial institution. All card is tailored to a specific auction; upfront payments must be received at supplemental upfront payments must be therefore, the SecurID cards issued for
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Auction No. 44 will not work for future FEDERAL COMMUNICATIONS 2. Approval of Agenda auctions. COMMISSION 3. Approval of the Minutes of the Tenth Meeting Maintaining the Accuracy of FCC Form [DA 02–1608] 4. Reports from regional WRC–03 175 Information Eleventh Meeting of the Advisory Preparatory Meetings 5. NTIA Draft Preliminary Views and Committee for the 2003 World 29. Parties are responsible for Proposals maintaining the accuracy and Radiocommunication Conference 6. IWG Reports and Documents relating completeness of information furnished (WRC–03 Advisory Committee) to: in their FCC Form 175 and exhibits. AGENCY: Federal Communications a. Consensus Views and Issue Papers Parties should amend their applications Commission. b. Draft Proposals 7. Future Meetings within ten business days from the ACTION: Notice. occurrence of a reportable change. Filers 8. Other Business should make modifications to their FCC SUMMARY: In accordance with the Federal Communications Commission. Form 175 electronically and submit a Federal Advisory Committee Act, this Don Abelson, letter, briefly summarizing the changes, notice advises interested persons that Chief, International Bureau. by electronic mail to the attention of the next meeting of the WRC–03 [FR Doc. 02–18180 Filed 7–18–02; 8:45 am] Advisory Committee will be held on Margaret Wiener, Chief, Auctions and BILLING CODE 6712–01–P Industry Analysis Division, at the August 22, 2002, at the Federal following address: [email protected]. A Communications Commission. The purpose of the meeting is to continue separate copy of the letter should be FEDERAL RESERVE SYSTEM faxed to the attention of Kathryn preparations for the 2003 World Radiocommunication Conference. The Garland, Chief, Auctions Operations Change in Bank Control Notices; Advisory Committee will consider any Branch, (717) 338–2850. Questions Acquisition of Shares of Bank or Bank preliminary views and/or proposals about other changes should be directed Holding Companies introduced by the Advisory Committee’s to Howard Davenport at (202) 418–0660. Informal Working Groups. The notificants listed below have 30. Any parties that must file DATES: August 22, 2002; 10 a.m.–12 applied under the Change in Bank amendments are advised that they will noon. Control Act (12 U.S.C. 1817(j)) and be unable to make modifications to their § 225.41 of the Board’s Regulation Y (12 ADDRESSES: Federal Communications CFR 225.41) to acquire a bank or bank FCC Form 175 electronically from 6 Commission, 445 12th Street, SW., holding company. The factors that are p.m. ET July 22, 2002, until the release Commission Meeting Room (TW–C305), considered in acting on the notices are of the public notice containing the final Washington DC 20554. list of qualified bidders. Parties set forth in paragraph 7 of the Act (12 FOR FURTHER INFORMATION CONTACT: nevertheless must make timely U.S.C. 1817(j)(7)). Alexander Roytblat, FCC International The notices are available for amendments by submitting a letter Bureau, Strategic Analysis and regarding any changes as described. immediate inspection at the Federal Negotiations Division, at (202) 418– Reserve Bank indicated. The notices Revised Auction Schedule 7501. also will be available for inspection at SUPPLEMENTARY INFORMATION: The the office of the Board of Governors. 31. Pursuant to the Auction No. 44 Federal Communications Commission Interested persons may express their Revised Procedures Public Notice, the (FCC) established the WRC–03 Advisory views in writing to the Reserve Bank following deadlines now apply in Committee to provide advice, technical indicated for that notice or to the offices Auction No. 44: support and recommendations relating of the Board of Governors. Comments Deadline for requesting return of to the preparation of United States must be received not later than August upfront payments by qualified bidders proposals and positions for the 2003 2, 2002. A. Federal Reserve Bank of Cleveland eligible to bid on A, B, or E block World Radiocommunication Conference (Stephen J. Ong, Vice President) 1455 licenses—6 p.m. ET July 3, 2002. (WRC–03). In accordance with the Federal Advisory Committee Act, Public East Sixth Street, Cleveland, Ohio Deadline for early departure from Law 92–463, as amended, this notice 44101–2566: Auction No. 44—6 p.m. ET July 3, advises interested persons of the 1. Romer Family (John Romer, St. 2002. Eleventh meeting of the WRC–03 Henry, Ohio; Elizabeth Romer, St. Deadline for selecting additional Advisory Committee. The WRC–03 Henry, Ohio; Albert Romer, St. Henry, licenses—6 p.m. ET July 26, 2002. Advisory Committee has an open Ohio; David Romer, St. Henry, Ohio; membership. All interested parties are Karla Clune, St. Henry, Ohio; Kathryn Deadline for supplementing upfront invited to participate in the Advisory Hart, Miamisburg, Ohio; Lynn payments—6 p.m. ET July 26, 2002. Committee and to attend its meetings. Hemmelgarn, Springboro, Ohio; Mock Auction—August 22, 2002. The proposed agenda for the Eleventh Rebecca, Moorman, Ottoville, Ohio; Auction Start—August 27, 2002. meeting is as follows: James Romer, Piqua, Ohio; Margery Romer, Piqua, Ohio; Jacqueline Romer- Federal Communications Commission. Agenda Sensky, Westerville, Ohio; Jeffrey Magaret Wiener, Eleventh Meeting of the WRC–03 Romer, Harker Heights, Texas; Timothy Chief, Auctions and Industry Analysis Advisory Committee, Federal Romer, Vandalia, Ohio; Nancy Division, WTB. Communications Commission, 445 12th Schroeder, Dublin, Ohio; and Douglas [FR Doc. 02–18181 Filed 7–18–02; 8:45 am] Street, SW., Commission Meeting Room Romer, Westerville, Ohio); to retain BILLING CODE 6712–01–P (TW–C305), Washington, DC 20554 voting shares of St. Henry Bank, St. Henry, Ohio. August 22, 2002; 10 a.m.–12 Noon 2. Romer Family (John Romer, St. 1. Opening Remarks Henry, Ohio; Elizabeth Romer, St.
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Henry, Ohio; Albert Romer, St. Henry, the voting shares of Bank of Morton, community emergency medical Ohio; Rebecca Moorman, Ottoville, Morton, Mississippi. response systems as well as contribute Ohio; James Romer, Piqua, Ohio; and 2. P.C.B. Bancorp, Inc., Largo, Florida; to meeting the public health needs of Margery Romer, Piqua, Ohio); to acquire to merge with Gateway American the community throughout the year. voting shares of The Ottoville Bank Bancshares, Inc., Fort Lauderdale, They are not intended to replace or Company, Ottoville, Ohio. Florida, and thereby indirectly acquire substitute for local, existing emergency Board of Governors of the Federal Reserve voting shares of Gateway American response systems. The Medical Reserve System, July 15, 2002. Bank of Florida, Fort Lauderdale, Corps should help provide surge Robert deV. Frierson, Florida. capacity during the initial hours B. Federal Reserve Bank of St. Louis Deputy Secretary of the Board. following an emergency before (Randall C. Sumner, Vice President) 411 assistance from other geographic [FR Doc. 02–18197 Filed 7–18–02; 8:45 am] Locust Street, St. Louis, Missouri localities may arrive. BILLING CODE 6210–01–S 63166–2034: The Medical Reserve Corps will 1. Independent Holdings, Inc., provide an organized framework which Memphis, Tennessee; to become a bank FEDERAL RESERVE SYSTEM will attract volunteers and provide them holding company by acquiring 100 with skills needed to work effectively in Formations of, Acquisitions by, and percent of the voting shares of emergency situations. It will help to Mergers of Bank Holding Companies Independent Bank, Memphis, ensure that the volunteers from Medical Tennessee. Reserve Corps units are deployed The companies listed in this notice Board of Governors of the Federal Reserve locally in a manner that is fully planned have applied to the Board for approval, System, July 16, 2002. and coordinated with broader pursuant to the Bank Holding Company Robert deV. Frierson, emergency response plans of the Act of 1956 (12 U.S.C. 1841 et seq.) Deputy Secretary of the Board. communities in which they are located. (BHC Act), Regulation Y (12 CFR Part [FR Doc. 02–18303 Filed 7–18–02; 8:45 am] Moreover, the Medical Reserve Corps 225), and all other applicable statutes BILLING CODE 6210–01–S will serve as a mechanism for helping and regulations to become a bank to ensure that volunteers have holding company and/or to acquire the appropriate credentials for assignments assets or the ownership of, control of, or DEPARTMENT OF HEALTH AND which they will undertake when the the power to vote shares of a bank or HUMAN SERVICES Medical Reserve Corps is activated. The bank holding company and all of the Medical Reserve Corps will help banks and nonbanking companies Request for Grant Applications for a facilitate not only coordinated action owned by the bank holding company, Demonstration Project for the Medical but provide a greater predictability in including the companies listed below. Reserve Corps, Citizens Corps, USA volunteer resource capability when and The applications listed below, as well Freedom Corps where such services are needed. as other related filings required by the The establishment of community- Board, are available for immediate AGENCY: Department of Health and based volunteer Medical Reserve Corps inspection at the Federal Reserve Bank Human Services, Office of the Secretary, units throughout the Nation will help indicated. The application also will be Office of Public Health and Science, meet the goal of enabling communities available for inspection at the offices of Office of the Surgeon General. in the United States to be better the Board of Governors. Interested ACTION: Notice. prepared to respond to emergencies and persons may express their views in SUMMARY: To provide funding for a urgent public health needs. It is writing on the standards enumerated in demonstration project to demonstrate anticipated that these community-based the BHC Act (12 U.S.C. 1842(c)). If the approaches to establishment of Medical Reserve Corps units will grow proposal also involves the acquisition of community-based, citizen volunteer in number and in quality across the a nonbanking company, the review also Medical Reserve Corps units. Small country. includes whether the acquisition of the grants will provide funding to The Medical Reserve Corps nonbanking company complies with the community-based organizations, under demonstration project grants programs standards in section 4 of the BHC Act the terms of cooperative agreements. will be supported through the (12 U.S.C. 1843). Unless otherwise The small grants will facilitate start-up cooperative agreement mechanism. This noted, nonbanking activities will be of Medical Reserve Corps units and will enable a collaborative relationship conducted throughout the United States. provide information to the Federal between the grantee, the local Medical Additional information on all bank Government that will provide insights Reserve Corps unit and the Department holding companies may be obtained into best practices in such areas as: (1) of Health and Human Services’ (HHS) from the National Information Center Structure and organization, (2) Office of the Surgeon General. The website at www.ffiec.gov/nic/. recruitment and verification of Office of the Surgeon General will Unless otherwise noted, comments credentials, (3) community-level coordinate, through a private-sector regarding each of these applications partnership building, (4) competency contractor(s), technical assistance must be received at the Reserve Bank levels for effective action, (5) training, needed for the implementation, indicated or the offices of the Board of (6) risk assessment, and (7) strategy conduct, and assessment of program Governors not later than August 15, development and planning. activities. The Office of the Surgeon 2002. General will provide necessary A. Federal Reserve Bank of Atlanta Authority: This program is authorized by oversight of the program. (Sue Costello, Vice President) 1000 Section 301 of the Public Health Service Act, Specifically, the Federal Government Peachtree Street, N.E., Atlanta, Georgia as amended, 42 U.S.C.; and, funded under plans to support the development of 30309–4470: Pub. L. 107–116, Title II, January 10, 2002. Medical Reserve Corps units by: 1. Morton Bancorp, Inc., Morton, The community-based, volunteer 1. Developing and disseminating a Mississippi; to become a bank holding Medical Reserve Corps units are guide, entitled Medical Reserve Corps— company by acquiring 100 percent of intended to supplement existing A Guide for Local Officials, for
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communities that are planning to prevent, prepare for, and respond to fiscal year 2002. Awards of amounts up develop a Medical Reserve Corps unit; crime, natural disasters and other to $50,000 (for direct and indirect costs) 2. Establishing and maintaining a emergencies. The programs include: for up to a three-year period will be website where Medical Reserve Corps Community Emergency Response made. The actual number and dollar core documents (e.g., Medical Reserve Teams, under the direction of the amount of the awards will depend on Corps—A Guide for Local Officials), Federal Emergency Management the number of approved applications training information, and a newsletter Agency; Neighborhood Watch, received. will be readily accessible; Volunteers in Police Service, and 3. Producing a monthly Medical Operation TIPS, under the direction of Matching Requirements Reserve Corps newsletter which will the Department of Justice (DOJ); and, the The applicant is not required to match inform Medical Reserve Corps units and Medical Reserve Corps, under the broad others of progress nationally on this guidance and support of the Department or share project costs, if an award is initiative, best practices, shared of Health and Human Services. made. experiences of Medical Reserve Corps At the local level, these Citizen Corps Period of Support units, and meeting notices; programs will be coordinated by Citizen 4. Providing, through one or more Corps Councils supported by FEMA. The start date for the cooperative government contractors, short-term DATES: To be considered for review, agreement will be September 30, 2002. technical assistance to successful applications must be received by August Support may be requested for a project applicants and/or Medical Reserve 23, 2002. Applications that do not meet period not to exceed three years. Corps units. Such technical assistance the deadline will be considered late and Grantees will be eligible for awards up could include, for example, assistance will be returned to the applicant. to $50,000 (total amount) per year. with assessing training needs, ADDRESSES: Applications must be Noncompeting continuation awards of development of training plans, prepared using Form PHS 5161–1 up to $50,000 will be made in fiscal assistance with planning and (revised July 2000). This form is years 2003 and 2004, subject to implementing drills (tabletop and/or available in Adobe Acrobat format at the satisfactory performance and the field), development of supply and following Web site: http://www.cdc.gov/ availability of funds. equipment acquisition plans, and od/pgo/orminfo/htm. Form PHS 5161–1 development of operational plans; Eligible Applicants 5. Convening at least one meeting, in (revised July 2000) includes U.S. each of the HHS’ ten regions in which Government Standard Form (SF) 424, The Medical Reserve Corps small Medical Reserve Corps unit officials the required face page for grant grants program applicant must be a may participate in-person or via applications submitted for Federal public or private nonprofit community- appropriate and available assistance and SF 424 A, a budget based organization. Applicants may be communication systems; and, format for non-construction projects. an entity of the local government or a Complete applications should be 6. Recommending evaluation local nonprofit (501C.3 status), non- submitted to: Ms. Karen Campbell, approaches to Medical Reserve Corps government organization. If a local units. Grants Management Officer, Division of Management Operations, Office of Citizen Corps Council has 501C.3 status, Background Minority Health, Office of Public Health the Citizen Corps Council can be the applicant. During his January 2002 State of the and Science, Rockwall II Building, Suite Union address, President Bush called on 1000, 5515 Security Lane, Rockville, Faith-based organizations that meet all Americans to dedicate at least two MD 20852. Ms. Campbell can be the definition of a private nonprofit years—the equivalent of 4,000 hours of reached by, telephone at: (301) 594– community-based organization are their time—to provide volunteer service 0758. eligible to apply for these Medical to others. To help every American FOR FURTHER INFORMATION CONTACT: Reserve Corps small grants. Tribes, answer the call to service, he created the Questions regarding programmatic tribal organizations, and local affiliates USA Freedom Corps, and charged it information related to preparation of of national, state-wide, or regional with strengthening and expanding grant applications should be directed in organizations that meet the definition of service opportunities for them to protect writing to Ms. Linda Vogel, Senior a private nonprofit, community-based our homeland, to support our Public Health Advisor, Office of the organizations are eligible to apply. communities, and to extend American Surgeon General, Office of Public Health To ensure wide geographic compassion around the World. The USA and Science, U.S. Department of Health distribution of local Medical Reserve Freedom Corps in a coordinating and Human Services, Room 18–66, 5600 Corps units, applications will be council, similar to the National Fishers Lane, Rockville, MD 20857, e- accepted from organizations in all of the Economic Council or National Security mail: [email protected]. American States and Territories. Council, that relies upon the Federal Information on budget and business agencies and departments that are a part aspects of the application may be Only one grant will be awarded per of the coordinating council to carry out obtained from Ms. Karen Campbell, community. If more than one policies and programs. Grants Management Officer, Division of application is received for the same At the same time that he formed the Management Operations, Office of community, the Office of the Surgeon USA Freedom Corps, the President Minority Health, Office of Public Health General will contact local officials to created the Citizen Corps initiative to and Science, Rockwall II Building, Suite make a determination of which offer Americans new opportunities to 1000, 5515 Security Lane, Rockville, application should be given priority. For get involved in their communities MD 20852, telephone: (301) 594–0758. communities where more than one through emergency preparation and SUPPLEMENTARY INFORMATION: group/organization is planning/ response activities. The Citizen Corps developing a local citizen volunteer initiative includes several new and Availability of Funds Medical Reserve Corps unit, it is existing programs that share the The Office of the Surgeon General recommended that these groups work common goal of helping communities anticipates making up to 100 awards in together to submit one application.
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Program Goals training of Medical Reserve Corps Use of Grant Funds The goals of the Medical Reserve members to achieve needed competency Applicants may request funds for the Corps demonstration grants program are standards, building working following types of allowable expenses, to: relationships/partnerships within the subject to Federal Government 1. Demonstrate whether medical community, communications and regulations regarding non-allowable response capacity in communities can logistics during emergencies, and expenses in Federal assistance be strengthened through the practicing/drilling before emergencies programs: establishment of Medical Reserve Corps occur; and (7) develop plans for 1. Organizing a Medical Reserve units consisting of citizen volunteers additional functions, beyond emergency Corps, including establishment of a who represent a broad range of medical/ response, to promote public health in leadership and management structure; health professions; the community. 2. Implementation of mechanisms to 2. Demonstrate whether ‘‘surge’’ Application Requirements assure appropriate integration and capacity can be created at the coordination with existing local community level to deal with In addition to the eligibility criteria emergency response and health assets emergency situations which have cited above and use of the form PHS and capabilities; significant consequences for the health 5161–1 (revised July 2000) and found at: 3. Recruiting volunteers for the of the population; http://www.cdc.gov/od/pgo/forminfo/ Medical Reserve corps; 3. Demonstrate whether the Medical htm, successful candidates will address 4. Assessing the community’s risks Reserve Corps does enable current and/ the following criteria in the narrative of and vulnerabilities; or retired health professionals and their applications and provide the noted 5. Development of plans to develop, related support personnel in documentation: organize and mobilize the Medical communities to obtain additional • Documentation that the applicant is Reserve Corps in response not only to training needed to work effectively and a unit of local government or urgent needs but also to address other safely during emergency situations; community-based, nonprofit public health needs in the community; 4. Demonstrate whether the Medical organization; 6. Training for leadership and Reserve Corps approach does provide an • Draft action plan, including initial preparedness; and effective organizational framework, with measurable milestones, for 7. Training in specific skills. a command and control system, within establishment of a citizen volunteer Review of Applications which appropriately trained and Medical Reserve Corps unit, including Applications will be screened upon credentialed citizen volunteers can put goals, objectives, and time lines; receipt. Those that are judged to be their skills in health and medicine to • use effectively (including prearranged Documentation of the existence of a incomplete or arrive after the deadline assignments) when there is an planning body for the Medical Reserve will be returned without review or emergency; Corps, including the name of the chair comment. Applications will be 5. Demonstrate whether the Medical or lead organization, and the principals reviewed for conformity with the Corps approach facilitates coordination of the organizations; applicant eligibility criteria. HHS will of local citizen volunteer services in • Specification of any arrangements contact in writing all applicants which health/medicine with other response or agreements with other local public or do comply with the applicant eligibility programs of the community/county/ private organizations [e.g., Citizen Corps criteria to advise them of this finding. state during an emergency; and Council, Mayor’s office, city Council, Accepted applications will be reviewed 6. Demonstrate whether the Medical County Commission, County Chief for technical merit in accordance with Reserve Corps approach does provide Executive, Fire Department, Department HHS policies. cadres of health professionals, from of Health, Chief of Emergency Response Applications will be evaluated by a within their home communities, who for the Community, community technical review panel composed of contribute to the resolution of public hospital(s), Red Cross, local medical experts in the fields of emergency health problems and needs throughout society and/or other health professions medical response, medicine, public the year. organizations, local-based government health, program management, hospitals (VA, Indian Health Service), community service delivery, and Project Requirements Rotary, Lions and Kiwanis Clubs] for the community leadership development. Medical Reserve Corps units should: purposes of planning, establishing, and Consideration for award will be given to (1) Be established and operate within utilization of a local Medical Reserve applicants that best demonstrate the overall community plans for Corps unit(s); progress toward establishment of a local emergency preparedness and response • Demonstration of linkages and/or citizen volunteer Medical Reserve Corps and for public health improvement; (2) understanding of existing emergency unit. Additionally, applications that be comprised of citizen volunteers from medical response entities in the best demonstrate the development of within the community, including the community (e.g., minutes of a planning plausible strategies, including a time immediate surrounding area; (3) have an meeting in which there was substantive line, for organizing, recruitment for, and organizational framework with a involvement of other key community making operational a citizen volunteer command and control system and have stakeholders, including NGOs); Medical Reserve corps unit that is operational policies and procedures; (4) linked to other community-based • Demonstration of a linkage with have a plan of action that is consistent programs and players for emergency local government health and emergency with the risks and vulnerabilities of the response will rank more highly than response authorities; community; (5) be fully coordinated and those applications which do not. • appropriately integrated into the A proposed budget which is Applicants which have a linkage or plan existing emergency planning and consistent with the approved types of a linkage with the community’s Citizen response programs of the community; expenditures set forth below; Corps Council (if one has been (6) develop strategies for activation of • Other letter(s) of support are established) should address that point, the local Medical Reserve corps unit(s), optional. as applicable and appropriate.
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Organization of Application 3. The proposed plan and time line Factor 6: Technical Assistance—5% Applicants are required to submit an for establishment of a Medical Reserve A clear statement that the applicant, original ink-signed and dated Corps, ranging from established of a if awarded a grant, would communicate application and two (2) photocopies. All planning/steering group, organizational reasonable technical assistance needs, pages must be numbered clearly and meetings, goals and objectives, including justification, to the project sequentially beginning with the Project development of organizational structure, focal point in the Office of the Surgeon Profile. The application must be typed policies and procedures, recruitment, General for possible fulfillment through double-spaced on one side of plain liaison and partnership building, one of the Office of the Surgeon 1 training, etc. 8 ⁄2″x11″ white paper, using at least a 12 General’s technical assistance contracts. point font, and contain 1″ margins all Although components of a Medical Reserve Corps do not necessarily have This information will enable the around. Office of the Surgeon General to develop The Project Summary and Project to be in place at the time the application is submitted, the applicant must an understanding of the technical Narrative must not exceed a total of ten assistance most needed by communities double-spaced pages, excluding any discuss/describe the resources available to support these components and plans in developing their Medical Reserve appendices. The original and each copy Corps unit(s). must be stapled and/or otherwise for phasing in the components of the securely bound. An outline for the action plan and the relationship of the Award Criteria plans to existing programs/institutions minimum information to be included in Funding decisions will be made by in the community/county/area. the ‘‘Project Narrative’’ section and the Office of the Surgeon General and related appendices is presented below. Factor 2: Management Plan—20% will be based on the recommendations I. Background (location, responsible Applicant organization’s capability to adn ratings of the technical review organization/body, linkages within manage the project as determined by the panel. community) availability and qualifications of the II. Objectives Reporting and Other Requirements proposed staff (may be either volunteer III. Summary of existing relevant community General Reporting Requirements resources or hired). IV. Strategy/plans with time line (can be in Applicant organization’s listing of A successful applicant under this sequenced, bullet form) partners in the establishment and notice will submit: (1) Progress reprots; V. Key project staff and current structure utilization of the citizen volunteer (2) an annual Financial Status Report; VI. Evaluation—how progress will be Medical Reserve Corps and their and (3) a final progress report and measured relationships and the mechanism(s) that Financial Status Report in the format VII. Statement of willingness to contribute will be utilized to convene the partners established by the Office of the Surgeon written information on local Medical for constructive planning and Reserve Corps unit experiences, General, in accordance with provisions particularly what has worked well and implementation. of the general regulations which apply lessons learned, to the Office of the Factor 3: Evaluation Plan—10% under 45 CFR part 74.51–74.52, with the Surgeon General for sharing with other exception of State and local communities establishing Medical A clear but brief statement of program governments to which CFR part 92, Reserve Corps goals and how progress toward meeting subpart C reporting requirements apply. VIII. Statement of willingness to discuss with those goals will be assessed. The Office of the Surgeon General has the designed Office of the Surgeon A clear statement that the grant established the following requirements General Medical Reserve Corps project recipient is willing to contribute staff the types technical assistance which for inclusion in the annual and/or final information on the progress, lessons report(s): the Medical Reserve Corps organizers learned, best practices, etc. to the Office • A summary of the status of believe they may need, with a view of the Surgeon General at 6-month toward possible utilization of the Office development of the Medical Reserve intervals. of the Surgeon General technical Corps (not to exceed 5 pages in the main assistance contract which was awarded Factor 4: Supporting Documentation— report), including the major activities for this purpose. 10% and accomplishments, objectives met Application Review Criteria Adequacy of supporting and not met, and lessons learned; • Copy of organizational chart and The technical review of applications documentation that the Medical Reserve brief narrative description of the will consider the following factors: Corps planning group is appropriately connected to local government entities structure of the Medical Reserve Corps, Factor 1: Implementation Plan—45% (e.g., Mayor’s office, City Council, including its line-of-command; • This section should discuss: County Executive, County Council, Fire Copy of policies and procedures 1. Brief summary of existing Department, Department of Emergency (e.g. scope of operations, criteria for community resources and linkages to Planning and Response) and appropriate mobilization and demobilization) for the deliver coordinated emergency medical local organizations such as the Citizen local Medical Reserve Corps; • response services in a large scale (for the Corps Council (if one has been officially Copy of risk/vulnerability locality) emergency. established), American Red Cross, civic assessment (a copy of such an 2. The role the Medical Reserve Corps organizations (e.g., Kiwanis, Rotary, assessment prepared by other entities in will most likely play in relationship to Siroptomist, Lions, Clubs); veterans the community and to which the existing services, including local health organizations, health professions Medical Reserve Corps is linked may be department, fire department, organizations, and faith-based groups, submitted); community hospital(s), Red Cross and etc. • Resource availability and needs other NGO’s; and, if an officially assessment; and recognized Citizen Corps Council has Factor 5: Background—10% • Copy of database of appropriately been established in the community, the Adequacy of demonstrated knowledge credentialed volunteers who are nature of any linkage to the Citizen of emergency medical response/care committed to participate as members of Corps Council. systems, and utilization of volunteers. the Medical Reserve Corps.
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Public Health System Reporting description of the review process and ACTION: Notice. Requirements requirements). SUMMARY: Notice is hereby given that This program is subject to the Public Provision of Smoke-Free Workplaces the Office of Research Integrity (ORI) Health Systems Reporting and Non-Use of Tobacco Products by and the Assistant Secretary for Health Requirements. Under these Recipients of PHS Grants have taken final action in the following requirements, a community-based non- HHS strongly encourages all grant case: governmental applicant must prepare recipients to provide a smoke-free and submit a Public Health System Michael Shishov, M.D., Brigham and workplace and to promote the non-use Impact Statement (PHSIS). The PHSIS is Women’s Hospital, Inc. (BWH): Based of all tobacco products. In addition, intended to provide information to State on the report of an investigation Public Law 103–227, the Pro-Children and local health officials to keep them conducted by Brigham and Women’s Act of 1994, prohibits smoking in apprized on proposed health services Hospital, Inc. (BWH Report), the certain facilities (or in some cases, any grant applications submitted by respondent’s admission, and additional portion of a facility) in which regular or community-based non-governmental analysis conducted by ORI in its routine education, library, day care, organizations within their jurisdictions. oversight review, the U.S. Public Health health care, or early childhood Community-based non-governmental Service (PHS) found that the development services are provided to applicants are required to submit, no respondent, a former laboratory children. later than the Federal due date for technician in the Intensive receipt of the application, the following Definitions Physiological Monitoring Unit of the BWH General Clinical Research Center, information to the head of the For the purposes of this small-grant appropriate State and local health engaged in scientific misconduct in a program, the following definitions are program of sleep disorder research agencies in the area(s) to be impacted: provided: (a) A copy of the face page of the supported by the National Institutes of Citizen Corps Council: A Citizen Health (NIH) under National Center for application (SF 424); and (b) a summary Corps Council established at the of the project (PHSIS), not to exceed one Research Resources (NCRR), NIH, grant community or county level within the M01 RR02635. page, which provides: (1) A description overall frame work of the Citizen Corps, of the population to be served; (2) a Specifically, PHS found, and the USA Freedom Corps. The Citizen Corps respondent admitted, that on numerous summary of the services to be provided; Council structure falls within the and (3) a description of the coordination occasions between May and August overall purview of FEMA. 1995, he registered on the Termiflex- planned with State or local health Community-based: The focus of agencies. Copies of the letters computer terminal, as well as writing in control and decision making powers are hand on blood draw sheets and forwarding the PHSIS to these located at the community level, authorities must be contained in the laboratory logs, the times that he representing the service area of the claimed he drew blood samples from application materials submitted to the community or a significant segment of Office of the Surgeon General. human subjects in investigational sleep the community. research. These times differed from the State Reviews County-based: The focus of control actual times when the samples were and decision making powers, insofar as This program is subject to the collected. The accurate assessment of the scope of this program is concerned, the endogenous circadian phase and requirements of Executive Order 12372 are located at the county level, which allows States the option of setting amplitude of the measured variables, representing the service area of the including the timing and amount of up a system for reviewing applications county or a significant segment of the from within their States for assistance blood cortisol, was essential for the county. studies. However, PHS acknowledges under certain Federal programs. The Non-governmental organization certain mitigating circumstances: (a) application kit available under this (NGO): A nonprofit, non-governmental That occasionally during this time, the notice will contain a list of States which organization having 501(c)(3) status. respondent may have been responsible have chosen to set up a review system Office of Minority Health (OMH): The for more protocol procedures than he and will include a State Single Point of Office of Minority Health, Office of could reasonably be expected to Contact (SPOC) in the State for review. Public Health and Science, Office of the perform; and (b) that the BWH Report Applications (other than federally Secretary, Department of Health and notes that he was respectful and honest recognized Indian tribes) should contact Human Services, which is serving as the during the investigation and that he has their SPOCs as early as possible to alert great management organization for this participated conscientiously in a them to the prospective applications announcement. and receive any necessary instructions program of professional ethics on the State process. For proposed Dated: July 17, 2002. counseling. Therefore, PHS accepts the projects serving more than one State, the Kenneth P. Moritsugu, administrative actions previously applicant is advised to contact the SPOC RADM, Acting Surgeon General, Public imposed by BWH and performed by the of each affected State. The due date for Health Service. respondent: (1) Attending an ORI State process recommendations is 60 [FR Doc. 02–18375 Filed 7–18–02; 8:45 am] conference on research misconduct; and days after the application deadline BILLING CODE 4150–28–M (2) participating in ethics counseling established by the OMH Grants over a three-year period. Management Officer. Dr. Shishov has entered into a The Office of the Surgeon General DEPARTMENT OF HEALTH AND Voluntary Exclusion Agreement in does not guarantee that it will HUMAN SERVICES which he has voluntarily agreed to accommodate or explain its responses to exclude himself from serving in any State process recommendations received Office of the Secretary advisory capacity to PHS, including but after that date. (See ‘‘Intergovernmental Findings of Scientific Misconduct not limited to service on any PHS Review of Federal Programs’’ Executive advisory committee, board, and/or peer Order 12372 and 45 CFR part 100 for a AGENCY: Office of the Secretary, HHS. review committee, or as a consultant for
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a period of three (3) years, beginning on of this meeting should contact Mrs. 1. Prevention of chronic disease and July 2, 2002. Bonnie Campbell, Committee integrated chronic disease care, with a FOR FURTHER INFORMATION CONTACT: Management Officer, Office of Research special focus on preventing, identifying Director, Division of Investigative Review, Education and Policy, AHRQ, and managing co-morbidities of chronic Oversight, Office of Research Integrity, 2101 East Jefferson Street, Suite 400, illness and the special needs of 5515 Security Lane, Suite 700, Rockville, Maryland 20852, Telephone chronically ill populations. Rockville, MD 20852, (301) 443–5330. (301) 594–1846. 2. Prevention of acute and chronic ‘‘This notice is being published less health conditions, diseases, concerns Chris B. Pascal, than 15 days prior to the July 22 and issues that affect women. Director, Office of Research Integrity. meeting due to the time constraints of In addition, applicants should ensure [FR Doc. 02–18239 Filed 7–18–02; 8:45 am] reviews and funding cycles.’’ that their proposals address reducing BILLING CODE 4150–31–U Agenda items for this meeting are health status disparities within subject to change as priorities dictate. employed populations. More specifically, address the persistent DEPARTMENT OF HELATH AND Dated: July 15, 2002. Carolyn M. Clancy, problem that, even with health HUMAN SERVICES insurance, certain racial and ethnic Acting Director. subpopulations bear a significantly Agency for Healthcare Research and [FR Doc. 02–18259 Filed 7–18–02; 8:45 am] Quality greater burden of suffering, particularly BILLING CODE 4160–90–M from chronic disease. Notice of Meeting Measurable outcomes of the program will be in alignment with the following DEPARTMENT OF HEALTH AND In accordance with section 10(d) of performance goal for the CDC HUMAN SERVICES the Federal Advisory Committee Act (5 Epidemiology Program Office: Maximize U.S.C., Appendix 2), announcement is Centers for Disease Control and the distribution and use of scientific made of a Health Care Policy and Prevention information and prevention strategies Research Special Emphasis Panel (SEP) through collaborative efforts with meeting. [Program Announcement 02130] national business organizations and The Health Care Policy and Research their affiliated members. Special Emphasis Panel is a group of Cooperative Agreement With National experts in fields related to health care Organizations for Promoting Health B. Authority and Catalog of Federal research who are invited by the Agency and Preventing Disease and Disability Domestic Assistance Number for Healthcare Research and Quality With Employer-Purchasers of Health This program is authorized under (AHRQ), and agree to be available, to Care; Notice of Availability of Funds sections 301 and 317(k)(2) of the Public conduct, on an as needed basis, A. Purpose Health Service Act [42 U.S.C. 241 and scientific reviews of applications for 247b(k)(2)], as amended. The Catalog of AHRQ support. Individual members of The Centers for Disease Control and Federal Domestic Assistance number is the Panel do not meet regularly and do Prevention (CDC) announces the 93.283. not serve for fixed terms or long periods availability of fiscal year (FY) 2002 of time. Rather, they are asked to funds for a cooperative agreement C. Eligible Applicants participate in particular review program with National Organizations for Applications will be accepted from meetings which require their type of Promoting Health and Preventing national, nonprofit organizations that expertise. Disease and Disability, and improving provide documented proof of meeting Substantial segments of the upcoming healthy behaviors. This program the following criteria in the ‘‘Eligibility’’ SEP meeting listed below will be closed addresses all ‘‘Healthy People 2010’’ section of the application: to the public in accordance with the focus areas. 1. Be an established tax-exempt Federal Advisory Committee Act, The purpose of the program is to organization (i.e., a non-governmental, section 10(d) of 5 U.S.C., Appendix 2 support cross-cutting activities with tax-exempt corporation or association and 5 U.S.C. 552b(c)(6). Grant national business organizations and whose net earnings in no way accrue to applications for Large Conference Grant their affiliated employer-purchasers of the benefit of private shareholders or Awards are to be reviewed and health care to improve health, prevent individuals). Tax-exempt status may be discussed at this meeting. These disease and disability, and promote confirmed by providing a copy of the discussions are likely to include healthy behaviors with regard to a relevant pages from the Internal personal information concerning variety of disease areas and health Revenue Service’s (IRS) most recent list individuals associated with these conditions. It’s purpose is to also of 501(c) (3) or (6) tax exempt applications. This information is promote the objectives outlined in The organizations or a copy of the current exempt from mandatory disclosure Guide for Community Preventive IRS Determination Letter. Proof of tax- under the above-cited statutes. Services (http:// exempt status must be provided with SEP Meeting on: Large Conference www.thecommunityguide.org) and other the application. Grant Projects. clinical and preventive services 2. Have a membership composed Date: July 22, 2002 (Open on July 22, guidelines, through the translation and primarily of small, medium, or large, from 2:30 p.m. to 2:40 p.m. and closed communication of public health private employers with multi-state and/ for remainder of the teleconference principles and prevention practices into or national operations. meeting). readily interpretable and applicable Note: Title 2 of the United States Code Place: Agency for Healthcare Research information for employer-purchasers of section 1611 states that an organization and Quality, 2101 East Jefferson Street, health care. described in section 501(c)(4) of the Internal 4th Floor, ORREP, 4W5, Division of Program Emphasis Revenue Code of 1986 that engages in Scientific Review, Rockville, MD 20852. lobbying activities is not eligible to receive Contact Person: Anyone wishing to There are two broad areas of program Federal funds constituting an award, grant or obtain a roster of members or minutes emphasis: loan.
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Recipients may enter into contractual of resources for prevention-oriented other meetings and conferences, agreements, as necessary, to accomplish employee health care services. An executive seminars, and symposia. the goals and objectives of this program. additional goal of these sessions should Complementary Program Activities be to encourage participants to utilize D. Availability of Funds current evidence-based strategies in g. Develop, implement and evaluate Approximately $400,000 is available their initiatives to purchase disease the outcomes of demonstration projects in FY 2002 to fund two to three awards. management and other preventive with one to five employers/corporations It is expected that the average award health services. related to core cooperative agreement will be $165,000, ranging from $130,000 These sessions should also identify a activities and goals regarding decision- to $200,000. It is expected that awards means within the premium negotiation making tools; disease management and will begin on or about September 30, process between employer-purchasers prevention; adoption of preventive 2002, for a 12-month budget period and health plans to address explicitly health services; and worksite health within a project period of up to three the allocation of resources necessary to promotion. years. Funding estimates may change. support the information technology h. Describe and implement activities Continuation awards within an system infrastructure of health plans to bridge corporate purchasers and approved project period will be made and providers (e.g., disease registries public health related to planning and on the basis of satisfactory progress as and reminder systems). reacting to bioterrorism, population evidenced by required reports and the c. Identify case examples of employer- health threats, or other emerging health availability of funds. issues. Matching funds are not required for purchasers which have adopted value- this program. based purchasing strategies that link 2. CDC Activities accreditation, quality improvement and a. Provide technical assistance and E. Program Requirements performance measurement; and assess monitor the progress of all aspects of the impact of this linkage on the receipt In conducting activities to achieve the this cooperative agreement. of preventive services by insured purposes of this program, the recipient b. Provide up-to-date scientific populations. will be responsible for activities under information and consultation. 1. Recipient Activities, and CDC will be d. Identify and evaluate decision- c. Provide opportunities for responsible for the activities listed support tools which include Return on presentations to CDC staff and under 2. CDC Activities. The recipient Investment (ROI) and Employee Health- management on needs and perspectives will be required to perform a minimum Productivity models tailored to assist an of business relative to health. Other of four out of the five core activities employer-purchaser in making activities may include reciprocal site described under items a, b, c, d and e. decisions about selecting and packaging visits between CDC and Business Item f (dissemination) is a required core clinical preventive services for its health Organizations to collaborate on projects activity and must be addressed in benefits coverage. These tools should be and exchange ideas and strategies. addition to the other four selected core applicable for decisions to select disease d. Provide CDC experts for activities. In addition to the core or condition-specific, stand-alone or presentations at national business activities, complementary program carve-out services, as well as a more conferences and executive sessions to activities described in items g and h integrated disease management strategy inform and educate on public health may be supported based on the for the employer. These tools should goals and objectives. availability of supplemental funds from also have the capacity to support e. Collaborate with recipients on participating CDC Programs. decisions across the spectrum of health cooperative agreement activities, 1. Recipient Activities: plan and provider structures (e.g., including publications, as appropriate. health maintenance organizations Core Activities (HMOs); preferred provider F. Content a. Develop case examples of organizations (PPOs); and other The program announcement title and employer-purchaser/health plan managed care organizations) and other number must appear in the application. collaborative initiatives that utilize vendor product lines. Use the information in the Program assessment tools (e.g., avoidable claims e. Identify effective health promotion Requirements, Other Requirements, and analysis) to identify and stratify models in the areas of chronic disease Evaluation Criteria sections to develop explicitly preventable health care costs management and women’s health, and the application content. Your and promote deployment of disease- develop publications in collaboration application will be evaluated on the management or similar strategies to with CDC of best practices targeting criteria listed, so it is important to reduce preventable disease burden and business, the national business press, follow them in laying out the program the associated health care costs. and popular mass media to promote plan. The narrative should be no more b. Convene business forums and replication. than 25 double-spaced pages, printed on round tables with leading employer- Required Core Activity one side, with one-inch margins and 12- purchasers (to include Chief Financial point font. Officers, Senior Benefits staff and f. Develop and disseminate accurate Medical Directors) and their and timely electronic and print 1. Organizational Profile (maximum 10 corresponding vendors (e.g., health materials that focus on findings of pages) plans, provider networks, third party cooperative agreement activities, and a. Provide a narrative on the applicant brokers and consultants) that operate are specifically tailored to business. As organization, including: background prevention-oriented employee health part of the dissemination of this information; evidence of relevant improvement programs in the areas of information, recipients may develop experience and past experience working chronic disease prevention and care, and use diverse channels of with other organizations, including and/or women’s health. The aim of communication such as E-mail, government agencies; and a clear these sessions should be to analyze and websites, executive summaries and understanding of this announcement’s document the purchaser decision- other publications targeted for national purpose. Provide evidence of an making process regarding the allocation dissemination, as well as CDC meetings, organizational structure and mission
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that can meet the requirements of this following internet address: 2. Capability (25 points) program. www.cdc.gov/od/pgo/forminfo.htm or The extent to which the applicant b. Provide a membership listing and by contacting the Grants Management demonstrates the possibility of an estimate of members’ combined total Specialist listed in the ‘‘Where to Obtain successfully implementing the proposed workforce. Additional Information’’ section of this activities as measured by relevant past c. Include details of past experiences announcement. history; a sound management structure working with members on health and The application must be received by and staff qualifications, including the health-related issues. 5 p.m., August 19, 2002. Submit the appropriateness of proposed roles, d. Profile qualified personnel who are application to: Technical Information responsibilities and job descriptions; available to work under this agreement. Management—PA02130, Procurement and a description of the applicant’s Include a global organizational chart capability to collaborate and partner which also demonstrates the geographic and Grants Office, Centers for Disease Control and Prevention, 2920 with other organizations and agencies to location(s) and organizational positions disseminate and share results. of all anticipated personnel. Brandywine Rd, Room 3000, Atlanta, GA 30341–4146. 3. Evaluation (20 points) 2. Program Plan (maximum 18 pages) Deadline: Applications shall be The extent to which the applicant has a. Provide clear and concise considered as meeting the deadline if developed mechanisms for evaluating descriptions of proposed recipient they are received before 5 p.m. Eastern and reevaluating progress toward stated activities (four or more from those Time on the deadline date. Applicants goals and objectives which include specified in this announcement), sending applications by the United feedback from its membership. The demonstrating your understanding of States Postal Service or commercial extent to which the applicant builds in public health principles, the intent of delivery services must ensure that the the capacity for mid-course correction(s) this announcement, and your members’ carrier will be able to guarantee delivery based on those evaluations. needs. Include some preliminary ideas of the application by the closing date on members’ needs (in the areas of and time. If an application is received 4. Organizational Profile (15 points) health promotion, disease and disability after closing due to (1) carrier error, The extent to which the applicant’s prevention, chronic disease when the carrier accepted the package existing organizational structure, management, wellness and health with a guarantee for delivery by the mission, goals, objectives, activities, screening programs, health care quality closing date and time, or (2) significant functions and membership composition assessment and improvement, health weather delays or natural disasters, CDC are consistent with the purpose of this benefits purchasing, and community will upon receipt of proper program announcement. outreach) and how they relate to this documentation, consider the application 5. Budget (Not scored) announcement. as having been received by the deadline. b. Include goals and measurable The extent to which the budget is objectives that are specific, time-framed Applications which do not meet the reasonable in the amount(s) requested, and relevant to the intent of this above criteria will not be eligible for justified by the application content, and announcement. Detail the potential competition and will be discarded. consistent with the intentions of this benefits of the proposed objectives. Applicants will be notified of their announcement. failure to meet the submission c. Provide an action plan, including a I. Other Requirements timeline of activities and personnel requirements. Technical Reporting Requirements responsible for implementing each H. Evaluation Criteria segment of the plan. Provide CDC with original plus two d. Include an evaluation plan which Applicants are required to provide copies of: encompasses both qualitative and measures of effectiveness that will 1. Semiannual progress reports. The quantitative measures for the demonstrate the accomplishment of the progress report will include a data achievement of program objectives, as various identified objectives of the requirement that demonstrates measures well as a mechanism for mid-course cooperative agreement. Measures of of effectiveness. correction when those objectives are not effectiveness must relate to the 2. Financial status report, no more being met. performance goal stated in section ‘‘A. than 90 days after the end of the budget e. Provide a plan for sharing findings/ Purpose’’ of this announcement. period. results indicating when, to whom, and Measures must be objective and 3. Final financial status and in what format. quantitative and must measure the performance reports, no more than 90 f. Provide a plan for obtaining intended outcome. These measures of days after the end of the project period. additional resources from non-federal effectiveness shall be submitted with Send all reports to the Grants sources to supplement program the application and shall be an element Management Specialist identified in the activities and ensure their continuation of evaluation. ‘‘Where to Obtain Additional after the end of the project period. Information’’ section of this Each application will be evaluated announcement. 3. Budget Information individually by an independent review The following additional Provide a detailed budget with group appointed by CDC against the requirements are applicable to this justification. The budget proposal following criteria: program. For a complete description of should be consistent with the purpose, 1. Program Plan (40 points) each, see the program announcement program requirements, and program Attachment I as posted on the CDC plan presented. The extent to which the applicant’s internet home page. program plan meets the required AR–7 Executive Order 12372 Review G. Submission and Deadline activities specified under ‘‘Recipient AR–9 Paperwork Reduction Act Submit the original and two copies of Activities’’ in this announcement and Requirements PHS–5161–1 (OMB Number 0937– are measurable, specific, time-framed AR–10 Smoke-Free Workplace 0189). Forms can be obtained at the and realistic. Requirements
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AR–11 Healthy People 2010 community-based programs, family and impact of therapy on long-term AR–12 Lobbying Restrictions planning, health communications, HIV survival of persons with HIV/AIDS. AR–15 Proof of Non-Profit Status infection, immunization and infectious (6) Through the implementation of diseases, public health infrastructure HIV prevention programs, reduce the J. Where To Obtain Additional and STD. number of cases of HIV infection and Information The primary purpose of these awards AIDS: (1) Acquired heterosexually, (2) This and other CDC announcements, is to expand on the initial activities of related to injecting drug use, (3) the necessary applications, and the Reinventing Surveillance System for associated with male-to-male associated forms can be found on the Communicable Disease Prevention: homosexual contact, and (4) acquired CDC home page Internet address—http:/ Linking Morbidity, Risk Behaviors, and perinatally. /www.cdc.gov Click on ‘‘Funding’’ then Reproductive Health Outcomes grant, (7) Eliminate tuberculosis in the ‘‘Grants and Cooperative Agreements.’’ Announcement Number 707, by United States. For business management assistance, demonstrating how such systems can contact: Mattie Jackson, Grants result in improved programs, enhanced B. Authority and Catalog of Federal Management Specialist—PA02130, surveillance, and disease prevention Domestic Assistance Number Procurement and Grants Office, Centers activities. It is expected that sites This program is authorized under for Disease Control & Prevention, 2920 funded as a part of this award will section 318 of the Public Health Service Brandywine Road, Room 3000, Mailstop demonstrate how their programs are Act, [42 U.S.C.A. section 247c]. The K–75, Atlanta, GA 30341–4146, Voice: improved as a result of integrating data Catalog of Federal Domestic Assistance (770) 488–2696; Fax: (770) 488–2670/ sources, utilizing new technology, and number is 93.977. 2671, E-mail: [email protected]. by involving community members in For program technical assistance, the interpretation and analyses of C. Eligible Applicants contact: Paul V. Stange, Office of surveillance data. It should be noted Limited Competition HealthCare Partnerships, Division of that ‘‘community members’’ refers not Assistance will be provided only to Prevention Research and Analytic only to those who are infected and state and local health departments that Methods, Epidemiology Program Office, affected by the various diseases, but also were previously funded under the Centers for Disease Control and the components of the program’s Reinventing Surveillance System for Prevention, 4770 Buford Highway, K– authorizing environment that develops, Communicable Disease Prevention: 73, Atlanta, GA 30341–3724, Voice: implements, and would be needed to Linking Morbidity, Risk Behaviors, and (770) 488–8199; Fax: (770) 488–8461, E- otherwise support policies pertaining to Reproductive Health Outcomes grant, mail: [email protected]. STDs and related public health issues. Additional goals for these awards are Announcement Number 707, Dated: July 12, 2002. to enhance surveillance relevant for specifically: Baltimore, California, Sandra R. Manning, gonorrhea (GC) prevention programs by Florida, Indiana, Massachusetts, CGFM, Director, Procurement and Grants promoting: (1) Enhanced GC data Michigan, Missouri, New York City, Office, Centers for Disease Control and collection, (2) the interpretation and use New York State, North Carolina, Ohio, Prevention. of existing state and local surveillance Oregon, San Francisco, Texas, Virginia [FR Doc. 02–18237 Filed 7–18–02; 8:45 am] data to better describe persons who and Washington. BILLING CODE 4163–18–P contract GC, (3) the collection of Competition is limited to these states behavioral data to further assist in and local health departments to build defining the characteristics of this on the experiences and integrated DEPARTMENT OF HEALTH AND surveillance approaches and expertise HUMAN SERVICES population, (4) use of these data to improve GC prevention planning and these sites gained under Announcement Number 707. Centers for Disease Control and strengthen evaluation of public health Prevention programs addressing this disease, and D. Availability of Funds (5) an increased understanding of [Program Announcement 02211] associated adverse reproductive health Approximately $1,200,000 is available outcomes relative to this infection. in FY 2002 to fund approximately eight Outcome Assessment Through Measurable outcomes of the program to ten awards. It is expected that the Systems of Integrated Surveillance will be in alignment with one or more average award will be $150,000, ranging (OASIS); Notice of Availability of of the following performance goals for from $125,000 to $175,000. It is Funds the National Center for HIV, STD, and expected that the awards will begin on or about September 30, 2002, and will A. Purpose TB Prevention (NCHSTP): (1) Reduce STD rates by providing be made for a 12-month budget period The Centers for Disease Control and chlamydia and gonorrhea screening, within a project period of up to three Prevention announces the availability of treatment, and partner treatment of fifty years. Funding estimates may change. fiscal year (FY) 2002 funds for a percent of women in publicly funded Continuation awards within an competitive grant program to develop family planning and STD clinics approved project period will be made and identify integrated and innovative nationally. on the basis of satisfactory progress as uses of surveillance data by (2) Reduce the incidence of primary evidenced by required reports and the demonstration projects at the state and and secondary syphilis. availability of funds. local level, utilizing surveillance data (3) Reduce the incidence of congenital Use of Funds on Sexually Transmitted Diseases syphilis. (STDs), Human Immunodeficiency (4) Improve the ability of the nation’s Funds may not be used to support Virus (HIV) infection, Tuberculosis HIV/AIDS surveillance system to laboratory testing, laboratory personnel, (TB), reproductive health outcomes, risk determine the incidence and prevalence medical personnel to perform clinical behaviors, and health services. This of HIV infection. evaluations, or to purchase program addresses the ‘‘Healthy People (5) Improve the ability to measure pharmaceuticals. These funds may not 2010’’ focus areas of education and access to care, adherence to treatment, be used to duplicate existing
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surveillance activities funded under morbidity with other STDs, the programmatic narrative content, in other program announcements. antimicrobial susceptibility patterns, electronic format, on a three and a half- Matching funds is not a requirement disease intervention initiatives, geo- inch double-sided, high density for this program announcement. coding and mapping of disease areas, diskette, in WordPerfect 5.1 or ASCII. E. Program Requirements intervention efforts that work, Forms are available at the following collaborations, etc.). Internet address: http://www.cdc.gov/ In conducting activities to achieve the 6. Develop methods for obtaining od/pgo/forminfo.htm. Forms may also purpose of this program, the recipient behavioral data and other enhanced be obtained by contacting the Grants will be responsible for the following surveillance data in persons diagnosed Management Specialist in the ‘‘Where to activities: and reported with (GC). Obtain Additional Information’’ section 1. Convene at CDC during the first 7. Meet at CDC early in the second of this announcement. quarter of year one to present-funded year of the project to discuss progress Forms may not be submitted proposals and to discuss: (a) Proposed and develop a more common approach electronically. project activities, (b) plans for based on findings from year one Application forms must be submitted implementation of enhanced GC experiences, to address GC surveillance in the following order: surveillance activities, and (c) plans for objectives. development of a document that will Cover Letter describe project achievements and F. Content Table of Contents Application could facilitate replication of project Letter of Intent (LOI) activities by others. Budget Information Form 2. Demonstrate how local programs An LOI is required for this program. Budget Justification have already been improved as a result The program announcement title and Checklist of the innovative uses of the data and number must appear in the LOI. The Assurances information possible because of narrative should be no more than one Certifications Announcement Number 707 funding. page, single spaced, and printed on one Disclosure Form (This should include examples of side with one inch margins, and HIV Assurance Form (if applicable) specific changes, such as the way the unreduced fonts. Your LOI will be used Human Subjects Certification (if program: (a) Conducts public health to enable CDC to determine level of applicable) surveillance, (b) distributes resources, interest in the announcement and Indirect Cost Rate Agreement (if (c) collects data, (d) interacts with prepare for the review process. applicable) community members, (e) works across Applications will only be accepted from Narrative those sites submitting an LOI. The LOI programs within and outside the local The application must be received by should include, at a minimum, your health unit, (f) targets prevention 5 p.m. Eastern Time August 19, 2002. intent to apply for this application and activities. Applicants should include a Submit the application to: Technical the contact person(s). description of how findings and Information Management Section, experiences have been translated into Applications Program Announcement 02211, 2920 ongoing program efforts and how local The program announcement title and Brandywine Road, Suite 3000, Atlanta, findings from analyses have been Georgia 30341. disseminated and used by the local STD number must appear in the application. Use the information in the Program Deadline: Letters of intent and program. applications will be considered as 3. Identify, develop, and implement Requirements, Other Requirements, and Evaluation Criteria sections to develop meeting the deadline if they are new and innovative approaches for received before 5 p.m. Eastern Time on enhancing STD, TB, and HIV prevention the application content. Your application will be evaluated on the the deadline date. Applicants sending programs using data and information applications by the United States Postal generated under Announcement #707. criteria listed, so it is important to follow them in laying out your program Service or commercial delivery services Identify and implement ways to must ensure that the carrier will be able evaluate the approaches, considering plan. The narrative should be no more than fifteen pages, double-spaced, to guarantee delivery of the application the specific program activities, such as by the closing date and time. If an those cited in program requirement printed on one side, with one-inch margins and unreduced fonts, and with application is received after closing due number two. to: (1) Carrier error, when the carrier 4. Collaborate on the development of a number on each page. accepted the package with a guarantee a report to CDC that clearly describes The narrative should consist of, at a for delivery by the closing date and the activities funded under minimum, a plan, objectives, methods, time, or (2) significant weather delays or Announcement Number 707 throughout evaluation, and line-item budget with natural disasters, CDC will upon receipt its various stages, summarize project justifications. of proper documentation, consider the activities, findings, time lines, costs, G. Submission and Deadline application as having been received by evaluations, etc. A clear description of the deadline. how these activities altered program Letter of Intent (LOI) Applications which do not meet the resources, activities, and effectiveness, On or before July 29, 2002, submit the above criteria will not be eligible for how the projects were implemented, requested LOI to the Grants competition and will be discarded. and the expectations for sustaining such Management Specialist identified in the Applicants will be notified of their functionality after funding expires, ‘‘Where to Obtain Additional failure to meet the submission should be included. Information’’ section of this requirements. 5. Use existing data, to develop a Announcement. comprehensive descriptive analysis of H. Evaluation Criteria the persons infected with gonorrhea Application (which could include but not be limited Submit the original and two copies of Letter of Intent (LOI) to demographic characteristics, the application Form PHS 5161–1 (OMB The letter of intent, though required, behavioral factors, extent of co- Number 0920–0428), and one copy of will not be evaluated.
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Application evaluation plans, along with concrete 1. Semiannual progress reports (The Applicants are required to provide examples of how evaluation efforts will progress report will include a data Measures of Effectiveness that will be undertaken, achievable timeline, and requirement that demonstrates measures demonstrate the accomplishment of the documentation of the applicant’s ability of effectiveness). various identified objectives of the grant to complete proposed plans within the 2. Financial status report, no more or cooperative agreement. Measures of project period. than 90 days after the end of the budget period. Effectiveness must relate to the 5. Capacity (15 points) performance goal (or goals) as stated in 3. Final financial and performance section ‘‘A. Purpose’’ of this Staff capacity to conduct enhanced report, no more than 90 days after the announcement. Measures must be surveillance, data management, end of the project period. objective and quantitative and must proposed analyses, and evaluation Send all reports to the Grants measure the intended outcome. These plans. Project staff should have Management Specialist identified in the Measures of Effectiveness shall be appropriate background and experience ‘‘Where to Obtain Additional submitted with the application and record to perform proposed work. Information’’ section of this announcement. shall be an element of evaluation. 6. Sustain-ability (10 points) Each application will be evaluated Other Requirements individually against the following Sustain-ability of the project, as criteria by an independent review group determined by the extent to which The following additional appointed by CDC. project activities have continued to be requirements are applicable to this carried out as a collaboration among program. For a complete description of 1. Enhance GC Case Surveillance (20 health department units. Continued each, see Attachment I of the points) health department collaborations and application kit. Quality of a proposed plan to enhance community involvement should be AR–1 Human Subjects Requirements GC case surveillance with behavioral documented by letters of support. Before a grant or a cooperative and other data elements. The extent to agreement can be awarded, an 7. Goals (5 points) which methods are sound and analyses Institutional Review Board must will describe a representative sample of The extent to which the applicant has certify a review (described in 45 CFR all persons reported to have gonorrhea. set forth performance goals and Part 46). Continuing review is also Extent to which methods are sustainable measures of outcomes as they relate to required. and can be incorporated into routine GC the Measures of Effectiveness (Section AR–2 Requirements for Inclusion of case surveillance. A). Women and Racial and Ethnic Minorities in Research 2. Collaboration (15 points) 8. Inclusion of Women and Minorities (5 AR–4 HIV/AIDS Confidentiality The extent to which applicant points) Provisions demonstrates that it has access to a wide The degree to which the applicant has AR–9 Paperwork Reduction Act range of data and data sources that met the CDC Policy requirements Requirements could be useful for improving STD, TB, regarding the inclusion of women, AR–10 Smoke-Free Workplace or HIV/AIDS prevention programs. This ethnic, and racial groups in the Requirements could include data from disease case proposed activities. This includes: AR–11 Healthy People 2010 reports, from prevalence monitoring 1. The proposed plan for the inclusion AR–12 Lobbying Restrictions activities, from vital statistics records, of both sexes and racial and ethnic J. Where To Obtain Additional behavioral surveys, data regarding the minority populations for appropriate Information availability of prevention, outreach, and representation. This and other CDC announcements, health care services, and other data 2. The proposed justification when the necessary applications, and related to socio-economic conditions representation is limited or absent. associated forms can be found on the that may have a bearing on morbidity. 3. A statement as to whether the CDC home page Internet address—http:/ Letters of support from collaborators design of the study is adequate to /www.cdc.gov. Click on ‘‘Funding’’ then should be included when appropriate. measure differences when warranted. ‘‘Grants and Cooperative Agreements.’’ 3. Plans To Strengthen Prevention 4. A statement as to whether the plans For business management assistance, Programs (15 points) include the process of establishing contact: Gladys Gissentanna, Grants partnerships with communities and Management Specialist, Procurement The extent to which applicant is able recognition of mutual benefits. to identify and develop innovative and Grants Office, Centers for Disease approaches for using data and 9. Protection of Human Subjects Control and Prevention (CDC), 2920 Brandywine Road, Room 3000, Atlanta, information already generated through Does the application adequately Georgia 30341–4146, Telephone Announcement Number 707 to address the requirements of Title 45 number: (770) 488–2753, Email strengthen STD/HIV/TB prevention CFR part 46 for the protection of human Address: [email protected]. programs. Consider quality of the plan, subjects? (Not scored; however, an including clarity of objectives, For program technical assistance, application can be disapproved if the contact: Dorotha Thomas, Project soundness of the applicant’s approach, research risks are sufficiently serious achievable timeline, and documentation Consultant, National Center for HIV, and protection against risks is so STD, TB Prevention (NCHSTP), Division of the applicant’s ability to complete inadequate as to make the entire proposed plan within the project period. of STD Prevention, Centers for Disease application unacceptable). Control and Prevention (CDC), 1600 4. Evaluation Plans (15 points) I. Other Requirements Clifton Road, NE., MS E–02, Atlanta, The extent to which applicant is able GA, 30333, Telephone number: 404– to identify and develop new and Technical Reporting Requirements 639–8425, Email Address: [email protected]; innovative ways to evaluate efforts to Provide CDC with original plus two or Hillard Weinstock, National Center enhance programs. Soundness of the copies of: for HIV, STD, TB Prevention (NCHSTP),
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Division of STD Prevention, Centers for web page can be sent electronically or regarding unutilized and underutilized Disease Control and Prevention (CDC), printed off and mailed to the buildings and real property controlled 1600 Clifton Road, NE., MS E–02, Commission: 5600 Fishers Lane, by such agencies or by GSA regarding Atlanta, GA, 30333, Telephone number: Parklawn Building, Room 13C–26, its inventory of excess or surplus 404–639–2059, Email Address: Rockville, MD 20857; Federal property. This Notice is also [email protected]. (2) Mail written comments or published in order to comply with the Dated: July 12, 2002. information to the Commission; or December 12, 1988 Court Order in (3) Present comments directly to the National Coalition for the Homeless v. Sandra R. Manning, Commission during the public comment Veterans Administration, No. 88–2503– Director, Procurement and Grants Office, period held at every Commission OG (D.D.C.). Centers for Disease Control and Prevention. meeting. For guidelines on presenting Properties reviewed are listed in this [FR Doc. 02–18105 Filed 7–18–02; 8:45 am] public comment, visit the Web site, Notice according to the following BILLING CODE 4163–18–P www.MentalHealthCommission.gov. categories: Suitable/available, suitable/ Committee Name: President’s New unavailable, suitable/to be excess, and Freedom Commission on Mental Health unsuitable. The properties listed in the DEPARTMENT OF HEALTH AND Contact: Claire Heffernan, Executive three suitable categories have been HUMAN SERVICES Secretary, 5600 Fishers Lane, Parklawn reviewed by the landholding agencies, Building, Room 13C–26, Rockville, MD Substance Abuse and Mental Health and each agency has transmitted to 20857, Telephone: (301) 443–1545; Fax: Services Administration HUD: (1) Its intention to make the (301) 480–1554 and e-mail: property available for use to assist the The President’s New Freedom [email protected] homeless, (2) its intention to declare the Commission on Mental Health; Notice Dated: July 15, 2002. property excess to the agency’s needs, or (3) a statement of the reasons that the of Web-Based Public Comment Toian Vaughn, Section property cannot be declared excess or Committee Management Officer, Substance made available for use as facilities to Pursuant to Executive Order 13263, Abuse and Mental Health Services Administration. assist the homeless. notice is hereby given of the web-based Properties listed as suitable/available public comment section of the [FR Doc. 02–18183 Filed 7–18–02; 8:45 am] will be available exclusively for President’s New Freedom Commission BILLING CODE 4162–20–U homeless use for a period of 60 days on Mental Health’s website, from the date of this Notice. Where www.MentalHealthCommission.gov. property is described as for ‘‘off-site use The President’s New Freedom DEPARTMENT OF HOUSING AND only’’ recipients of the property will be Commission on Mental Health is URBAN DEVELOPMENT required to relocate the building to their soliciting public comment from [Docket No. FR–4730–N–29] own site at their own expense. stakeholders in the mental health Homeless assistance providers community. The purpose of obtaining Federal Property Suitable as Facilities interested in any such property should public comment is to assist the To Assist the Homeless send a written expression of interest to Commission in formulating an action HHS, addressed to Brian Rooney, plan for the President that will improve AGENCY: Office of the Assistant Division of Property Management, America’s mental health service Secretary for Community Planning and Program Support Center, HHS, room delivery system. Development, HUD. 5B–41, 5600 Fishers Lane, Rockville, While all relevant comments are of ACTION: Notice. MD 20857; (301) 443–2265. (This is not interest and may be submitted to the a toll-free number.) HHS will mail to the SUMMARY: This Notice identifies Commission at any time, several topics interested provider an application unutilized, underutilized, excess, and will be listed on the website for public packet, which will include instructions surplus Federal property reviewed by comment. All selected topics for public for completing the application. In order HUD for suitability for possible use to comment reflect the President’s charge, to maximize the opportunity to utilize a assist the homeless. as outlined in Executive Order 13263. suitable property, providers should The topics listed on the website will FOR FURTHER INFORMATION CONTACT: submit their written expressions of change, focusing first on identifying Mark Johnston, room 7266, Department interest as soon as possible. For problems and barriers within the of Housing and Urban Development, complete details concerning the system, and later on identifying 451 Seventh Street SW., Washington, processing of applications, the reader is solutions. Comments relating to the first DC 20410; telephone (202) 708–1234; encouraged to refer to the interim rule set of topics will be most helpful to the TTY number for the hearing- and governing this program, 24 CFR part Commission if submitted by August 20, speech-impaired (202) 708–2565 (these 581. 2002. An additional set of topics will be telephone numbers are not toll-free), or For properties listed as suitable/to be posted after that time. call the toll-free Title V information line the excess, that property may, if All comments received prior to at 1–800–927–7588. subsequently accepted as excess by December 31, 2002 will be collected and SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the the themes will be included in accordance with 24 CFR part 581 and homeless in accordance with applicable Commission reports. Comments will section 501 of the Stewart B. McKinney law, subject to screening for other still be accepted after December 31, Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, 2002 and will be available for 11411), as amended, HUD is publishing HUD will publish the property in a Commissioner review. this Notice to identify Federal buildings Notice showing it as either suitable/ The public may provide comments to and other real property that HUD has available or suitable/unavailable. the Commission through three methods: reviewed for suitability for use to assist For properties listed as suitable/ (1) The Web site, the homeless. The properties were unavailable, the landholding agency has www.MentalHealthCommission.gov. reviewed using information provided to decided that the property cannot be Comments that relate to topics on the HUD by Federal landholding agencies declared excess or made available for
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use to assist the homeless, and the Status: Excess Property Number: 18200230006 property will not be available. Comment: 136 Storage igloos, two Status: Excess Properties listed as unsuitable will cemeteries, sentry bldg., ofc. bldg., admin. Comment: 100 sq. ft., most recent use— not be made available for any other bldg. in poor condition on 2834 acres storage GSA Number: 4–J–AL–541 purpose for 20 days from the date of this Unsuitable Properties Notice. Homeless assistance providers Guam interested in a review by HUD of the 6 Bldgs. Buildings (by State) determination of unsuitability should NCTS Radio Barrigada California call the toll free information line at 1– Wenger Way Bldg. 3273 Marianas Co: GU Naval Base 800–927–7588 for detailed instructions Location: #101, 103, 105, 107, 109, 111 San Diego Co: CA or write a letter to Mark Johnston at the Landholding Agency: Navy Landholding Agency: Navy address listed at the beginning of this Property Number: 77200230017 Property Number: 77200230002 Notice. Included in the request for Status: Excess Status: Excess Comment: 11,476 sq. ft. housing units, need review should be the property address Reason: Extensive deterioration (including zip code), the date of major rehab Bldg. 25 publication in the Federal Register, the Pennsylvania Naval Base Coronado landholding agency, and the property Bristol Social Security Bldg. San Diego Co: CA number. 1776 Farragut St. Landholding Agency: Navy For more information regarding Bristol Co: Bucks PA 19007– Property Number: 77200230003 particular properties identified in this Landholding Agency: GSA Status: Excess Notice (i.e., acreage, floor plan, existing Property Number: 54200230002 Reason: Extensive deterioration sanitary facilities, exact street address), Status: Surplus Bldg. 338 providers should contact the Comment: 7569 sq. ft., most recent use— Naval Base Coronado office San Diego Co: CA appropriate landholding agencies at the GSA Number: 4–G–PA–792 following addresses: AIR FORCE: Ms. Landholding Agency: Navy Suitable/Unavailable Properties Property Number: 77200230004 Barbara Jenkins, Air Force Real Estate Status: Excess Agency, (Area-MI), Bolling Air Force Buildings (by State) Reason: Extensive deterioration Base, 112 Luke Avenue, Suite 104, Colorado Bldg. 607 Building 5683, Washington, DC 20332– Naval Base Coronado 8020; (202) 767–4184; DOT: Mr. Rugene Bldg. 100 La Junta Strategic Range San Diego Co: CA Spruill, Principal, Space Management, La Junta Co: Otero CO 81050–9501 Landholding Agency: Navy SVC–140, Transportation Landholding Agency: Air Force Property Number: 77200230005 Administrative Service Center, Property Number: 18200230001 Status: Excess Department of Transportation, 400 7th Status: Excess Reason: Extensive deterioration Street, SW., Room 2310, Washington, Comment: 7760 sq. ft., most recent use— Bldg. 609 DC 20590; (202) 366–4246; ENERGY: admin/electronic equip. maintenance Naval Base Coronado Mr. Tom Knox, Department of Energy, Bldg. 101 San Diego Co: CA Landholding Agency: Navy Office of Engineering & Construction La Junta Strategic Range Landholding Agency: Air Force Property Number: 77200230006 Management, CR–80, Washington, DC Status: Excess 20585; (202) 586–8715; GSA: Mr. Brian Property Number: 18200230002 Status: Excess Reason: Extensive deterioration K. Polly, Assistant Commissioner, Comment: 336 sq. ft., most recent use— Bldg. 691 General Services Administration, Office storage Naval Base Coronado of Property Disposal, 18th and F Streets, Bldg. 102 San Diego Co: CA NW., Washington, DC 20405; (202) 501– La Junta Strategic Range Landholding Agency: Navy 0052; NAVY: Mr. Charles C. Cocks, Landholding Agency: Air Force Property Number: 77200230007 Director, Department of the Navy, Real Property Number: 18200230003 Status: Excess Estate Policy Division, Naval Facilities Status: Excess Reason: Extensive deterioration Engineering Command, Washington Comment: 1056 sq. ft., most recent use— Hawaii Navy Yard, 1322 Patterson Ave., SE., storage Facility 9 Suite 1000, Washington, DC 20374– Colorado Fleet Industrial Supply 5065; (202) 685–9200; (These are not Bldg. 103 Waipahu Co: HI 96797– toll-free numbers) La Junta Strategic Range Landholding Agency: Navy La Junta Co: Otero CO 81050–9501 Property Number: 77200230008 Dated: July 11, 2002. Landholding Agency: Air Force Status: Excess Mark R. Johnson, Property Number: 18200230004 Reasons: Secured Area Extensive Deputy Director, Office of Special Needs Status: Excess deterioration Assistance Programs. Comment: 784 sq. ft., most recent use— Facility 4 storage TITLE V. FEDERAL SURPLUS PROPERTY NCTAMS PAC PROGRAM FEDERAL REGISTER REPORT Bldg. 104 Wahiawa Co: HI 96786– FOR 7/19/02 La Junta Strategic Range Landholding Agency: Navy La Junta Co: Otero CO 81050–9501 Property Number: 77200230009 Suitable/Available Properties Landholding Agency: Air Force Status: Excess Property Number: 18200230005 Reason: Secured Area Buildings (by State) Status: Excess Facility 88 Alabama Comment: 312 sq. ft., most recent use— NCTAMS PAC Coosa River Storage Annex storage Wahiawa Co: HI 96786– Anniston Army Depot Bldg. 106 Landholding Agency: Navy Talladega Co: AL 35161– La Junta Strategic Range Property Number: 77200230010 Landholding Agency: GSA La Junta Co: Otero CO 81050–9501 Status: Excess Property Number: 54200230001 Landholding Agency: Air Force Reason: Secured Area
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Landholding Agency: DOT Landholding Agency: DOT DEPARTMENT OF THE INTERIOR Facility 295 Property Number: 87200230009 NCTAMS PAC Status: Unutilized Fish and Wildlife Service Wahiawa Co: HI 96786– Reason: Secured Area Landholding Agency: Navy Maryland Information Collections Submitted to Property Number: 77200230011 Structure 145 the Office of Management and Budget Status: Excess for Approval Under the Paperwork Reason: Secured Area Naval Surface Warfare Center W. Bethesda Co: MD 20817– Reduction Act for Grants Programs 18 Bldgs. Landholding Agency: Navy Authorized by the North American Hale Moku Pearl Harbor Property Number: 77200230013 Wetlands Conservation Act (NAWCA) 113–117, 119–122, 200–208 Status: Underutilized Honolulu Co: HI 96818– Reason: Secured Area AGENCY: Fish and Wildlife Service, Landholding Agency: Navy Interior. Property Number: 77200230012 New Mexico Status: Excess 6 Bldgs. ACTION: Notice of information collection; Reason: Extensive deterioration Kirtland Air Force Base request for comments. Bldg. RPFN No2 #852, 874, 9939A, 6536, 6636, 833A Albuquerque Co: NM 87185– SUMMARY: The U.S. Fish and Wildlife Coast Guard ISC Service (Service) has submitted the Honolulu Co: HI 96819– Landholding Agency: Energy Property Number: 87200230001 Property Number: 41200230001 material described below to the Office of Status: Unutilized Status: Excess Management and Budget (OMB) for Reason: Secured Area Reason: Secured Area approval under the provisions of the Bldg. RPFN No3 Tenessee Paperwork Reduction Act of 1995. Coast Guard ISC Bldg. 9720–14 Copies of the specific information Honolulu Co: HI 96819– Y–12 National Security Complex collection requirements, related forms Landholding Agency: DOT Oak Ridge Co: Anderson TN 37831– and explanatory material may be Property Number: 87200230002 Landholding Agency: Energy obtained by contacting the Service Status: Unutilized Property Number: 41200230002 Information Collection Clearance Officer Reason: Secured Area Status: Excess at the address provided below. Reason: Secured Area Bldg. RPFN No4 DATES: Consideration will be given to all Coast Guard ISC 6 Bldgs. comments received on or before August Honolulu Co: HI 96819– Y–12 National Security Complex Landholding Agency: DOT Oak Ridge Co: Anderson TN 37831– 19, 2002. The 60 day notice was Property Number: 872300230003 Location: 9983–62, 9983–63, 9983–64, 9983– published in the Federal Register on Status: Unutilized 65, 9983–71, 9983–72 February 6, 2002 (67 FR 5608). No Reason: Secured Area Landholding Agency: Energy comments were received during the 60 Bldg. RPFN No9 Property Number: 41200230003 day period. Coast Guard ISC Status: Excess ADDRESSES: Send your comments and/or Reason: Secured Area Honolulu Co: HI 96819– suggestions on the requirement to the Landholding Agency: DOT Virginia Office of Management and Budget, Property Number: 87200230004 Bldg. 2250 Attention: Department of the Interior Status: Unutilized Marine Corps Base Reason: Secured Area Desk Officer, 725—17th Street, NW., Quantico Co: VA 22134– Washington, DC 20503, with a copy to Bldg. RPFN P11 Landholding Agency: Navy Coast Guard ISC Property Number: 77200230014 Rebecca Mullin, Service Information Honolulu Co: HI 96819– Status: Excess Collection Clearance Officer, U.S. Fish Landholding Agency: DOT Reason: Extensive deterioration and Wildlife Service, MS 222–ARLSQ, Property Number: 87200230005 Bldg. 819 1849 C Street, NW., Washington, DC Status: Unutilized Marine Corps Base 20240; telephone number 703.358.2287. Reason: Secured Area Geiger Ridge FOR FURTHER INFORMATION CONTACT: To Bldg. RPFN N13 Quantico Co: VA 22134– request a copy of the information Coast Guard ISC Landholding Agency: Navy collection request, explanatory Property Number: 77200230015 Honolulu Co: HI 96819– information and related forms, contact Landholding Agency: DOT Status: Excess Property Number: 87200230006 Reason: Extensive deterioration Rebecca A. Mullin at 703/358–2287, or Status: Unutilized Bldg. B–2108 electronically to [email protected]. For Reason: Secured Area Marine Corps Base information related to the grant Bldg. RPFN W14 Quantico Co: VA 22134– program, which is the subject of the Coast Guard ISC Landholding Agency: Navy information collection approval, please Honolulu Co: HI 96819– Property Number: 77200230016 log onto http://birdhabitat.fws.gov. Landholding Agency: DOT Status: Excess SUPPLEMENTARY INFORMATION: The OMB Reason: Extensive deterioration Property Number: 87200230007 regulations at 5 CFR part 1320, which Status: Unutilized Land (by State) implement provisions of the Paperwork Reason: Secured Area California Reduction Act of 1995 (Pub. L. 104–13), Bldg. RPFN W15 CB Rifle Range require that interested members of the Coast Board ISC public and affected agencies have an Honolulu Co: HI 96819– Point Mugu Co: Ventura CA 93042–5000 Landholding Agency: DOT Landholding Agency: Navy opportunity to comment on information Property Number: 77200230001 Property Number: 87200230008 collection and recordkeeping activities Status: Underutilized Status: Unutilized (see 5 CFR 1320.8(d)). On May 26, 1999, Reasons: Within 2000 ft. of flammable or Reason: Secured Area the U.S. Fish and Wildlife Service explosive material Secured Area Bldg. RPFN W16 (Service) was given regular approval by Coast Board ISC [FR Doc. 02–17927 Filed 7–18–02; 8:45 am] OMB for collection of information in Honolulu Co: HI 96819– BILLING CODE 4210–29–M order to continue the grants programs
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currently conducted under the North wetlands conservation organizations, inquiries and reports required by American Wetlands Conservation Act the Secretary of the Board of the NAWCA, etc. (Pub. L. 101–233, as amended; National Fish and Wildlife Foundation, In summary, information collection December 13, 1989). The assigned OMB and the Director of the Service. This under these programs is required to information collection control number North American Wetlands Conservation obtain a benefit, i.e., a cash is 1018–0100, and approval expired on Council is exempt from the reimbursable grant that is given May 31, 2002. However, OMB has requirements of Public Law 92–463 competitively to qualifying applicants extended the period of approval through (Federal Advisory Committee Act). As based on eligibility and relative scale of August. The Service is requesting a such, the purpose of the Council is to resource values involved in the projects. three year term of approval for this recommend wetlands conservation The information collection is subject to information collection activity. An project proposals to the Migratory Bird the Paperwork Reduction Act agency may not conduct or sponsor, and Conservation Commission (MBCC) for requirements for such activity, which a person is not required to respond to, funding. includes soliciting comments from the a collection of information unless it Subsection (c) of Section 5 (Council general public regarding the nature and displays a currently valid OMB control Procedures) provides that the burden imposed by the collection. number. ‘‘* * * Council shall establish Frequency of Collection: Occasional. Comments are invited on: (1) Whether practices and procedures for the The Small Grants program has one the collection of information is carrying out of its functions under project proposal submissions window necessary for the proper performance of subsections (a) and (b) of this per year and the Standard Grants the functions of the agency, including section***,’’ which are program has two per year. whether the information will have consideration of projects and Description of Respondents: practical utility; (2) the accuracy of the recommendations to the MBCC, Households and/or individuals; agency’s estimate of the burden of the respectively. The means by which the business and/or other for-profit; not-for- collection of information; (3) ways to Council decides which project profit institutions; farms; Federal enhance the quality, utility and clarity proposals are important to recommend Government; and State, local and/or of the information to be collected; and, to the MBCC is through grants programs Tribal governments. (4) ways to minimize the burden of the that are coordinated through the Estimated Completion Time: The collection of information on Council Coordinator’s office within the reporting burden, or time involved in respondents. Service’s Division of Bird Habitat writing project proposals, is estimated Title: Information Collection In Conservation. to be 80 hours for a Small Grants Support of Grant Programs Authorized submission and 400 hours for a by the North American Wetlands Competing for grant funds involves applications from partnerships that Standard Grants submission. Conservation Act of 1989 (NAWCA). Number of Respondents: It is describe in substantial detail project Approval Number: 1018–0100. estimated that 150 proposals will be locations and other characteristics, to Service Form Number(s): N/A. submitted each year, 70 for the Small meet the standards established by the Description and Use: The North Grants program and 80 for the Standard Council and the requirements of American Waterfowl Management Plan Grants program. NAWCA. The Council Coordinator’s (NAWMP), first signed in 1986, is a Annual Burden Hours: 37,600. tripartite agreement among Canada, office no longer publishes and Mexico and the United States to distributes Standard and Small Grants Dated: June 19, 2002. enhance, restore and otherwise protect instructional booklets. Materials that Steve A. Williams, continental wetlands to benefit describe the program and assist Director, Fish and Wildlife Service. waterfowl and other wetland associated applicants in formulating project [FR Doc. 02–18298 Filed 7–18–02; 8:45 am] wildlife through partnerships between proposals for Council consideration are BILLING CODE 4310–55–P and among the private and public now available on a website, as sectors. Because the 1986 NAWMP did previously noted. However, those who not carry with it a mechanism to are not able to access a website may still DEPARTMENT OF THE INTERIOR provide for broadly-based and sustained obtain instructional materials by regular financial support for wetland mail. There has been, virtually, no Fish and Wildlife Service conservation activities, Congress passed change in the scope and nature of these Notice of Availability of Draft and the President signed into law the instructions since the OMB approval Environmental Impact Statement, NAWCA to fill that funding need. The was first granted in 1999. Nonetheless, Section 10 Permit Application, Draft purpose of NAWCA, as amended, is to the instructional materials that include Roosevelt Habitat Conservation Plan promote long-term conservation of booklets, Federal Register notices on and Draft Implementing Agreement for North American wetland ecosystems request for proposals, and other Incidental Take by the Salt River and the waterfowl and other migratory instruments are the basis for this Project and Notice of a Public Hearing birds, fish and wildlife that depend information collection request for OMB on August 27, 2002 upon such habitat through partnerships. clearance. Information collected under Principal conservation actions this program is used to respond to such AGENCY: Fish and Wildlife Service, supported by NAWCA are acquisition, needs as: audits, program planning and Department of the Interior. enhancement and restoration of management, program evaluation, ACTION: Notice of availability. wetlands and wetlands-associated Government Performance and Results habitat. Act reporting, Standard Form 424 SUMMARY: The Salt River Project (SRP) As well as providing for a continuing (Application For Federal Assistance), has submitted an application for an and stable funding base, NAWCA grant agreements, budget reports and incidental take permit (ITP) for the establishes an administrative body, i.e., justifications, public and private following federally listed and candidate Council, made up of a State requests for information, data provided species: southwestern willow flycatcher representative from each of the four to other programs for databases on (Empidonax traillii extimus)(flycatcher), Flyways, three representatives from similar programs, Congressional Yuma clapper rail (Rallus longirostris
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yumanensis) (clapper rail), (bald eagle Mr. Jim Rorabaugh, Arizona State • Government Document Service, (Haliaeetus leucocephalus), and the Office, U.S. Fish and Wildlife Service, Arizona State University, Tempe, AZ yellow-billed cuckoo (Coccyzus 2321 West Royal Palm Road, Suite 103, 85287 americanus)(cuckoo). The proposed Phoenix, AZ 85021 at 602/242–0210. • Payson Public Library, 510 W. take would occur in Gila and Maricopa For further information on the Main, Payson, AZ 85541 counties, Arizona, as a result of Application, Contact: Mr. John Keane, • Phoenix Public Library (Burton Barr management actions allowing Roosevelt Executive Environmental Policy Central), 1221 N. Central Ave., Phoenix, Lake to fill, causing inundation of Analyst, Salt River Project, P.O. Box AZ 85004 • occupied habitat. The U.S. Fish and 52025, PAB355, Phoenix, AZ 85072– Tonto Basin Library, 1 School St., Wildlife Service (Service) has issued a 2025 at 602/236–5087, or Mr. Craig Tonto Basin (Punkin Center), AZ 85553 draft Environmental Impact Statement Sommers, President, ERO Resources Written comments received by the (EIS) to evaluate the impacts of and Corporation, 1842 Clarkson Street, Service become part of the public record alternatives for the possible issuance of Denver, CO 80218 at 303/830–1188. associated with this action. an incidental take permit. SRP has Read-only downloadable copies of the Accordingly, the Service makes these completed the draft Roosevelt Habitat draft EIS and Application documents comments, including names and home Conservation Plan (RHCP), along with a are available on the Internet at http:// addresses of respondents, available for draft Implementing Agreement as part of www.arizonaes.fws.gov. A printed or CD public review. Individual respondents may request that their home addresses the application package submitted to the copy of the documents is available upon be withheld from public disclosure, Service (collectively, the ‘‘Application’’) request to Virginia Kasper, Salt River which will be honored to the extent as required by the Endangered Species Project, P.O. Box 52025, Phoenix, AZ allowable by law. There also may be Act of 1973, as amended (Act) for 85072–2025; (602) 236–3416; circumstances in which a respondent’s consideration of issuance of an ITP. The [email protected]. Copies of the identity would be withheld from public Application provides measures to draft EIS and Application are also disclosure, as allowable by law. If you minimize and mitigate the effects of the available for public inspection and wish to have your name and/or address proposed taking of listed and candidate review at the locations listed below withheld, you must state this species and the habitats upon which under Supplementary Information. prominently at the beginning of your they depend. SUPPLEMENTARY INFORMATION: Pursuant comments. However, anonymous DATES: Written comments on the draft to the National Environmental Policy comments will not be considered. All EIS and Application documents will be Act (NEPA), this notice advises the submissions from organizations or accepted within 60 days of the date of public that the Service has gathered the businesses, and from individuals this publication. information necessary to (1) determine identifying themselves as ADDRESSES: Persons wishing to review impacts and formulate alternatives for representatives or officials of the draft EIS and Application may the EIS, related to the potential issuance organizations or businesses, will be obtain a copy by writing to the Field of an ITP to SRP; and (2) develop and made available for public disclosure in Supervisor, U.S. Fish and Wildlife implement the RHCP, which provides their entirety. Service, 2321 West Royal Palm Road, measures to minimize and mitigate the Suite 103, Phoenix, AZ 85021. Oral and effects of the incidental take of federally Background written comments also will be accepted listed species to the maximum extent Roosevelt is operated by SRP in at a public hearing to be held on August practicable, pursuant to section conjunction with three other reservoirs 27, 2002, 6–9 p.m. at the offices of the 10(a)(1)(B) of the Act. on the Salt River and two reservoirs on Salt River Project, 1521 Project Drive, Section 9 of the Act prohibits the the Verde River as integral features of Tempe, Arizona. ‘‘taking’’ of threatened and endangered the Salt River Reclamation Project, Arizona has experienced a prolonged species. However, the Service, under authorized by the Reclamation Act of drought. Due to low runoff from the limited circumstances, may issue 1902, and pursuant to a 1917 contract watershed, Roosevelt Lake, the largest permits to take threatened or with the United States. Since reservoir on the watershed serving endangered wildlife species incidental completion in 1911, Roosevelt has Phoenix, is drawn down to less than to, and not the purpose of, otherwise provided water for power generation, 20% of capacity. After many years of lawful activities. Regulations governing irrigation, municipal, and other uses. drought, it is imperative that SRP know permits for endangered species are at 50 Currently, SRP reservoirs supply water whether it can fill the reservoir this CFR parts 13 and 17. to more than 1.6 million people in the coming winter without risk that Copies of the draft EIS and cities of Phoenix, Mesa, Chandler, unpermitted incidental ‘‘take’’ will Application are available for public Tempe, Glendale, Gilbert, Scottsdale, occur. For this reason, the Service does inspection and review at the following Tolleson, and Avondale. In addition, not intend to extend the public locations (by appointment at water is provided to irrigate agricultural comment period beyond 60 days unless government offices): lands within SRP and for other uses. warranted by extraordinary • Department of the Interior, Natural Also, water is delivered to the Salt River circumstances. If additional information Resources Library, 1849 C. St. NW, Pima-Maricopa Indian Community, Fort is needed from the Service or SRP in Washington, DC 20240. McDowell Indian Community, Gila order to evaluate the draft EIS or • U.S. Fish and Wildlife Service, 110 River Indian Community, Buckeye Application, that information should be S. Church, Suite 3450, Tucson, AZ Irrigation Company, Roosevelt Irrigation requested within 30 days of the date of 85701 District, Roosevelt Water Conservation this notice. • U.S. Fish and Wildlife Service, District, and others. Roosevelt and the FOR FURTHER INFORMATION, CONTACT: On 2321 West Royal Palm Road, Suite 103, other SRP reservoirs also provide a the EIS, Contact: Ms. Sherry Barrett, Phoenix, AZ 85021 variety of recreational uses and Assistant Field Supervisor, Tucson • Salt River Project, 1521 Project environmental benefits in central Suboffice, U.S. Fish and Wildlife Drive, Tempe, AZ 85281 Arizona. Due to dry conditions in Service, 110 S. Church, Suite 3450, • Globe Public Library, 339 S. Broad central Arizona for the past six years, Tucson, AZ 85701 at 520/670–4617, or St., Globe, AZ 85501 the water level at Roosevelt has been
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below normal. As a result, riparian DEPARTMENT OF THE INTERIOR Sec. 11; Sec. 12: W1⁄2 ; Sec. 15: N1⁄2 of vegetation has invaded and flourished the NW1⁄4; Sec. 16: N1⁄2 and T. 331⁄2 N., in the portion of Roosevelt historically Bureau of Land Management R. 24 E., Sec. 33; Sec. 34; Sec. 35; Sec. 1 used by SRP to store water for use in the [NV–025–1232–EA–NV06; Special 36: W ⁄2 . These areas are closed during Phoenix metropolitan area. Animals that Recreation Permit # NV–023–02–11] the event period, August 23, 2002 to use riparian habitat have followed the September 2, 2002, with the exception vegetation growth and now occupy Notice of Temporary Closure to Public of BLM, medical, law enforcement, areas within the reservoir. In particular, Lands; Pershing County and Washoe firefighting vehicles and Burning Man a population of flycatchers now County, NV staff as designated by the BLM occupies habitat within the storage Authorized Officer. AGENCY: space at Roosevelt. Thus, periodic Bureau of Land Management, Operation of Motorized Vehicles Is refilling of the reservoir may adversely Winnemucca Field Office, Nevada, Prohibited on the Following Public affect habitat used by the flycatcher, Interior. Lands: T. 33 N., R. 24 E., Sec. 2, Sec. clapper rail, bald eagle, and cuckoo. ACTION: Notice to the public of 3, Sec. 4, Sec. 9, Sec. 10, Sec. 11 and temporary public lands closures and T. 331⁄2 N., R. 24 E, Sec. 33; Sec. 34; Sec. Proposed Action prohibition of certain activities on 35. These areas within the event public lands administered by the boundary are closed during the Burning The proposed action is the issuance of Bureau of Land Management, Man event, from August 23, 2002 to an ITP for flycatchers, clapper rails, bald Winnemucca Field Office, Nevada. September 2, 2002, with the following eagles, and cuckoos for SRP’s operation exceptions: participant arrival at the of Roosevelt, pursuant to section SUMMARY: Notice is hereby given that event and departure following event 10(a)(1)(B) of the Act. The activity that certain lands will be temporarily closed completion on designated routes, art would be covered by the permit is the or restricted, and certain activities vehicles registered with Burning Man; continued operation of Roosevelt by would be temporarily prohibited, in and Black Rock City LLC staff and support, SRP. The area covered by the permit around the Burning Man event site, BLM, medical, law enforcement, includes Roosevelt up to an elevation of Pershing and Washoe counties, Nevada, firefighting vehicles and motorized 2,151 feet, the highest point in the for camping, vehicle use, fire use, and skateboards with/without handlebars. reservoir at which water is stored. The aircraft landing from 0600 hours, ‘‘Art Cars’’ must register with Burning requested term of the permit is for a August 23, 2002, to 2200 hours, Man/Black Rock City LLC and must period of 50 years. To meet the September 2, 2002. Certain lands will be provide evidence of registration at all requirements of a Section 10(a)(1)(B) temporarily closed or restricted, and times. permit, SRP has developed and will certain activities will be temporarily The Following Public Lands are implement the RHCP, which provides prohibited, in the Winnemucca District Closed to Public Use: T. 33 N., R. 24 E., measures to minimize and mitigate in Pershing and Washoe Counties, Sec. 4: NE1⁄4, S1⁄2; Sec. 5: SE1⁄4; Sec 8: incidental take of flycatchers, clapper Nevada, for fireworks use and firearms NE1⁄4, S1⁄2 ; Sec. 9; Sec. 10: W1⁄2; Sec. rails, and bald eagles to the maximum use from 0600 hours, August 12, 2002, 15: N1⁄2 of the NW1⁄4; Sec 16: N1⁄2 and extent practicable, and which ensures to 2200 hours, September 16, 2002. T331⁄2 N, R24E, Sec. 33: SE1⁄4; Sec. 34: that the incidental take will not These closures, restrictions and SW1⁄4. For event safety near the entrance appreciably reduce the likelihood of the prohibitions are being made in the road and airstrip, playa areas southwest, survival and recovery of these species in interest of public safety at and around west and northwest of the event are the wild. The RHCP also addresses the public lands location of an event closed during the Burning Man event potential impacts on a candidate known as the Burning Man Festival. period, from 0001 hours August 26, species, the yellow-billed cuckoo. This event is expected to attract 2002 to 2200 hours September 2, 2002, approximately 28,000 participants this Alternatives with the exception of BLM personnel, year. The lands involved are located in law enforcement, emergency medical Two other alternatives being the Mount Diablo Meridian and located services, Burning Man staff as considered by the Service include the northeast of Gerlach, Nevada. designated by the BLM authorized following: Public Camping Within One Mile of officer. the Fence is Prohibited in the Following Black Rock City LLC/Burning Man will 1. No Permit—No issuance of an ITP Areas: T. 33 N., R. 24 E, Sec. 1: W1⁄2; abide by fire restriction orders, except by the Service. This alternative would Sec. 2; Sec. 3; Sec. 4; Sec. 9; Sec. 10; for the following as officially approved require SRP to do everything within its Sec. 11; Sec. 12: W1⁄2 ; Sec. 15: N1⁄2 of by Black Rock City LLC in coordination control to avoid any take of federally the NW1⁄4; Sec. 16: N1⁄2 and T. 331⁄2 N., with BLM: Official art burns, authorized listed species associated with its R. 24 E., Sec. 33; Sec. 34; Sec. 35; Sec. event fireworks, and other authorized continued operation of Roosevelt. 36: W1⁄2 . These areas are closed during fires only in Black Rock City LLC/ 2. Re-operation Alternative—Issuance the event period, August 23, 2002 to Burning Man-supplied fire barrels and of an ITP by the Service authorizing the September 2, 2002, with the exception approved platforms. Fire Restriction modified operation of Roosevelt to of defined camping areas designated Orders may be in effect pursuant to 43 reduce the short-term impact of and provided by the Black Rock City CFR 9212.2, 36 CFR 261.50(a)(b) for all reservoir operations on listed and LLC, an authorized ‘‘pilot camp’’ and lands managed by the BLM, candidate species. This alternative BLM-authorized event management- Winnemucca Field Office. includes measures to minimize and related camps. The use, sale or possession of mitigate the potential take of federally Operation of Motorized Vehicles, personal fireworks within the Burning listed species. within One Mile of the Fence, at Such Man Event/Black Rock City boundary a Rate of Speed that it Causes a Dust fence is prohibited on the following H. Dale Hall, Plume higher than the Roof of the public lands from August 26, 2002, Regional Director, Southwest Region. Vehicle, is Prohibited in the Following through September 2, 2002: T. 33 N., R. [FR Doc. 02–17790 Filed 7–18–02; 8:45 am] Areas: T. 33 N., R. 24 E, Sec. 1: W1⁄2 ; 24 E., Sec. 2; Sec. 3; Sec. 4; Sec. 9; Sec. BILLING CODE 4510–55–P Sec. 2; Sec. 3; Sec. 4; Sec. 9; Sec. 10; 10; Sec. 11 and T. 331⁄2 N., R. 24 E., Sec.
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33; Sec. 34; Sec. 35, with the exception enforcement and emergency medical Overview, ND Prairie Dog plan, Fuels of those fireworks that have been services. This airstrip is the only Management Plan Input from Sub approved by Black Rock City LLC as location Burning Man-related aircraft Committee, Biological Weed Control on part of an official Burning Man art burn may land, with the exception of Leafy Spurge and Sage Grouse and other event. emergency aircraft such as Care Flight, topics the council may raise. The Possession of Firearms Is Prohibited Sheriff’s Office or Medical Ambulance meeting will be held August 12 & 13, on the Following Public Lands from Transport System helicopters. 2002, at the Best Western, Dickinson, August 12, 2002, through September 16, A map showing these temporary North Dakota. The session will convene 2002: T. 33 N., R. 24 E., Sec. 2; Sec. 3; closures, restrictions and prohibitions is at 8 a.m. on August 12. Sec. 4; Sec. 9; Sec. 10; Sec. 11 and T. available from the following BLM office: SUPPLEMENTARY INFORMATION: The 331⁄2 N., R. 24 E., Sec. 33; Sec. 34; Sec. BLM-Winnemucca Field Office, 5100 meeting is open to the public and a 35. This closure is in effect inside the East Winnemucca Blvd., Winnemucca, public comment period is set for 8 a.m. Burning Man event/Black Rock City Nevada 89445. on August 12, 2002. The public may boundary fence, with the exception of The map may also be viewed on the make oral statements before the Council county, state and federal certified law Field Office website at: or file written statements for the Council enforcement personnel under the color www.nv.blm.gov/winnemucca. of law. ‘‘Firearm’’ means any device to consider. Depending on the number DATES: Closure to Possesion and of persons wishing to make an oral designed to be used as a weapon from Discharge of Firearms August 12, 2002, which a projectile may be expelled statement, a per-person time limit may to September 16, 2002; Closure to be established. Summary minutes of the through the barrel by the force of any Camping, Vehicle Use and Aircraft explosion or other form of combustion meeting will be available for public Landing August 23, 2002 to September inspection and copying. (Nevada Revised Statute 202.253). 2, 2002; and Closure to Possession of Discharge of Firearms is Prohibited on Fireworks and Public Use August 26, The 15-member Council advises the the Following Public Lands from August 2002 to September 2, 2002. Secretary of the Interior, through the 12, 2002, through September 16, 2002: Bureau of Land Management, on a FOR FURTHER INFORMATION CONTACT: T. 33 N., R. 24 E., Sec. 1; Sec. 2; Sec. variety of planning and management Dave Cooper, National Conservation 3; Sec. 4; Sec. 5; Sec 6: E1⁄2; Sec 8; Sec. issues associated with public land Area Manager, Bureau of Land 9; Sec. 10; Sec. 11; Sec. 12; Sec. 13: N1⁄2; management in the Dakotas. Management, Winnemucca Field Office, SW1⁄4; Sec. 14; Sec. 15; Sec. 16; Sec. 17: 1 1 1 1 5100 E. Winnemucca Blvd., FOR FURTHER INFORMATION CONTACT: E ⁄2, NW ⁄4; Sec. 21: NE ⁄4; Sec. 22: N ⁄2, 1 Winnemucca, NV 89445, telephone: Douglas Burger, Field Office Manager, Sec. 23: NW ⁄4 and T. 33 N., R. 25 E., North Dakota Field Office, 2933 3rd Ave Sec. 4; Sec. 9: W1⁄2 , NW1⁄4 of the NE1⁄4 (775) 623–1500. W., Dickinson, North Dakota. Telephone and T. 331⁄2 N., R. 24 E., Sec. 25; Sec. Authority: 43 CFR 8364.1 26; Sec. 27; Sec. 28; Sec. 29; Sec. 32; (701) 227–7700. Sec. 33; Sec. 34; Sec. 35; Sec. 36; T. 34 Penalty: Any person failing to comply Dated: May 29, 2002. with the closure orders may be subject N., R. 24 E., Sec. 33: NE1⁄4, S1⁄2; Sec. 34; Douglas Burger, to imprisonment for not more than 12 Sec. 35; Sec. 36: S1⁄2; T. 34 N., R. 25 E., Field Office Manager. Sec. 33. This closure description applies months, or a fine in accordance with the applicable provisions of 18 U.S.C. 3571, [FR Doc. 02–18244 Filed 7–18–02; 8:45 am] for two miles in all directions from the BILLING CODE 4310–$$–P event boundary, with the exception of or both. law enforcement officers under color of Terry Reed, law. Field Office Manager. DEPARTMENT OF THE INTERIOR Aircraft are prohibited from landing, [FR Doc. 02–17975 Filed 7–18–02; 8:45 am] taking off, and taxiing on the following Bureau of Land Management public lands from 0600 hours on August BILLING CODE 4310–HC–P 26, 2002, through September 2, 2002 at [ID–080–1120–PG] 2200 hours: T. 33 N., R. 23 E., Sec. 25: DEPARTMENT OF THE INTERIOR E1⁄2; T. 33 N., R. 24 E., Sec. 1; Sec. 2; Notice of Address Change for Challis Sec. 3; Sec. 4; Sec. 5: SE1⁄4; Sec. 8: NE1⁄4, Bureau of Land Management Field Office, Idaho S1⁄2; Sec. 9; Sec. 10; Sec. 11; Sec.12; Sec. [MT_039_1020PB] 13: W1⁄2;. Sec. 14; Sec. 15; Sec. 16; Sec. AGENCY: Bureau of Land Management, 1 1 17; Sec. 18: NE ⁄4, S ⁄2; Sec 19; Sec. 20; Notice of Public Meeting; Dakotas Interior. Sec. 21; Sec. 22: N1⁄2; Sec. 28: NW1⁄4; Resource Advisory Council Meeting ACTION: Notice of address change, Sec. 29; Sec. 30: NE1⁄4 and T. 33 N., R. Challis Field Office, Idaho. 25 E., Sec. 2: N1⁄2; Sec. 3: N1⁄2; Sec. 4 AGENCY: Bureau of Land Management, and T331⁄2N, R24E, Sec. 25; Sec. 26; Sec. Interior. SUMMARY: The address for the Bureau of 27; Sec. 28; Sec. 33; Sec. 34; Sec. 35; ACTION: Notice of public meeting. Land Management office in Challis, Sec. 36 and T34N, R24E, Sec. 23: NE1⁄4, Idaho, will be changing on or about S1⁄2; Sec. 24; Sec. 25; Sec. 26; Sec. 27: SUMMARY: In accordance with the September 1, 2002. The new address SE1⁄4; Sec. 33: E1⁄2; Sec. 34; Sec. 35: Sec. Federal Land Policy and Management 36 and T. 34 N., R. 25 E., Sec. 16; Sec. Act (FLPMA) and the Federal Advisory will be: 801 Blue Mountain Road, Challis, Idaho 83226. All telephone 21; Sec. 22: S1⁄2; Sec 26: SW1⁄4; Sec 27; Committee Act of 1972 (FACA), the U.S. Sec. 28; Sec. 33; Sec. 34; Sec. 35. This Department of the Interior, Bureau of numbers for the Challis Field Office will closure description applies to the playa Land Management (BLM) Dakotas remain the same. for five miles in all directions from the Resource Advisory Council (RAC), FOR FURTHER INFORMATION CONTACT: event boundary during the event, with North and South Dakota, meeting will Renee Snyder, BLM Challis Field the exception of an authorized Burning be held as indicated below. Topics for Manager, HC 63, Box 1670, Challis, Man event landing strip for Burning discussion will include: Fort Meade Idaho 83226 or telephone (208) 879– Man staff and participants, law NHL status, Cedar Hills Oil and Gas 6200.
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Dated: July 10, 2002. Prospectus to be issued for a long-term operations does not affect any rights Stephanie Snook, concession contract. This short-term with respect to selection for award of a Acting District Manager. contract will be for a one seasonal new concession contract. [FR Doc. 02–18243 Filed 7–18–02; 8:45 am] operating period ending October 31, Concessioner Id No.: Gate 017. BILLING CODE 4310–GG–P 2002. This notice is in pursuant to 36 Concessioner Name: Jen Marine CFR Part 51, Section 51.24(a). Development, LLC. SUPPLEMENTARY INFORMATION: The Park: Gateway National Recreation DEPARTMENT OF THE INTERIOR previous concession contract at Oregon Area. Caves National Monument expired on EFFECTIVE DATE: May 1, 2002. Bureau of Land Management September 30, 2001. The operation is FOR FURTHER INFORMATION CONTACT: [ES–960–1420–00] ES–047170, Group 152, seasonal and operates primarily from Cynthia Orlando, Concession Program Wisconsin mid-May through mid-September and Manager, National Park Service, provides visitors with lodging, food and Washington, DC, 20240, Telephone 202/ Notice of Filing of Plat of Survey; beverage and merchandise services. The 565–1210. Wisconsin, Stay Lifted National Park Service will be issuing a Dated: June 14, 2002. On Thursday, May 4, 1995, there was Prospectus for the solicitation of a long- term concession contract to provide Richard G. Ring, published in the Federal Register, Associate Director, Park Operations and Volume 60, Number 96, on page 26736, commercial services within the park to the visiting public. The short-term Education. a notice entitled, ‘‘Notice of Filing of [FR Doc. 02–18290 Filed 7–18–02; 8:45 am] Plat of Survey; Stayed.’’ Said notice concession contract will allow for the BILLING CODE 4310–70–P referenced the say of the plat depicting continuation of commercial services the survey of two islands located in during this interim and avoid Township 8 North, Range 21 East, unnecessary interruption of visitor INTERNATIONAL TRADE Fourth Principal Meridian, Wisconsin, services. COMMISSION accepted March 13, 1995. Information about this notice can be The protest against the survey was sought from: National Park Service, [Inv. No. 337–TA–462] withdrawn on June 20, 2002, and the Chief, Concession Program Management plat of survey accepted March 13, 1995, Office, Pacific West Region, Attn: Mr. In the Matter of Certain Plastic Molding was officially filed in Eastern States Tony Sisto, 1111 Jackson Street, Machines with Control Systems Having Office, Springfield, Virginia, at 7:30 a.m. Oakland, California 94607, or call (510) Programmable Operator Interfaces on June 24, 2002. 817–1366. Incorporating General Purpose Copies of the plat will be made Dated: June 6, 2002. Computers, and Components Thereof, II; Notice of Commission Decision To available upon request and prepayment Patricia Neubacher, Review and Reverse an Initial of the reproduction fee of $2.75 per Acting Regional Director, Pacific West Region. copy. Determination Terminating the [FR Doc. 02–18291 Filed 7–18–02; 8:45 am] Investigation; Decision To Review ALJ Dated: July 2, 2002. BILLING CODE 4310–70–P Order No. 29; Schedule for Written Stephen D. Douglas, Submissions Chief Cadastral Surveyor. [FR Doc. 02–18233 Filed 7–18–02; 8:45 am] DEPARTMENT OF THE INTERIOR AGENCY: International Trade Commission. BILLING CODE 4310–GJ–M National Park Service ACTION: Notice. Concession Contracts and Permits; DEPARTMENT OF THE INTERIOR SUMMARY: Notice is hereby given that Notice the U.S. International Trade National Park Service AGENCY: National Park Service, Interior. Commission has determined to review and reverse the presiding administrative ACTION: Public notice. Notice of Intent To Issue a Temporary law judge’s (‘‘ALJ’s’’) initial Concession Contract for Food and SUMMARY: Pursuant to the terms of determination (‘‘ID’’)(Order No. 30) Beverage, Lodging and Merchandise existing concession contracts, public terminating the above-captioned Services at Oregon Caves National notice is hereby given that the National investigation. The Commission has also Monument Park Service intends to request a determined to review ALJ Order No. 29 SUMMARY: Pursuant to the National Park continuation of visitor services for a on its own motion, and to hold in Service Concessions Management period not-to-exceed one year from the abeyance the petitions for review of Improvement Act of 1998, notice is date of contract expiration. Order No. 29 that were filed in this hereby given that the National Park SUPPLEMENTARY INFORMATION: The investigation. Service intends to issue a temporary contract listed below has been extended FOR FURTHER INFORMATION CONTACT: Jean concession contract authorizing to the maximum allowable under 36 Jackson, Esq., Office of the General continued operation of food and CFR 51.23. Under the provisions of the Counsel, U.S. International Trade beverage, overnight lodging and current concession contract and Commission, 500 E Street, SW., merchandise services to the public pending the development and public Washington, DC 20436, telephone (202) within Oregon Caves National solicitation of a prospectus for a new 205–3104. Copies of the ALJ’s ID and all Monument. The temporary concession concession contract, the National Park other nonconfidential documents filed contract will be for a term of 5 months. Service authorizes continuation of in connection with this investigation are This short-term concession contract is visitor services for a period not-to- or will be available for inspection necessary to avoid interruption of exceed one year under the terms and during official business hours (8:45 a.m. visitor services while the National Park conditions of the current contract as to 5:15 p.m.) in the Office of the Service finalizes the development of the amended. The continuation of Secretary, U.S. International Trade
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Commission, 500 E Street, SW., making an unopposed determination of Written submissions (the original Washington, DC 20436, telephone 202– violation of section 337. On June 18, document and 14 true copies thereof) 205–2000. General information 2002, the ALJ issued a one-paragraph ID must be filed with the Office of the concerning the Commission may also be (Order No. 30) terminating the Secretary on or before the deadlines obtained by accessing its Internet server investigation. On June 24 and June 25, stated above. Any person desiring to (http://www.usitc.gov). The public 2002, respectively, Milacron and the IA submit a document (or portion thereof) record for this investigation may be petitioned for review of the ID and to the Commission in confidence must viewed on the Commission’s electronic appealed Order No. 29. request confidential treatment unless docket (EDIS–ON–LINE) at http:// Having examined the ALJ Order Nos. the information has already been dockets.usitc.gov/eol/public. Hearing- 29 and 30, and the petitions for review, granted such treatment during the impaired persons are advised that the Commission has determined to proceedings. All such requests should information on this matter can be review and reverse ALJ Order No. 30, be directed to the Secretary of the obtained by contacting the which terminated the investigation. The Commission and must include a full Commission’s TDD terminal on 202– Commission has also determined to statement of the reasons why the 205–1810. review, on its own motion, the Commission should grant such determination contained in ALJ Order SUPPLEMENTARY INFORMATION: The treatment. See section 201.6 of the Commission instituted the above- No. 29 that the Commission has the Commission’s Rules of Practice and referenced investigation on August 23, statutory authority to issue a general Procedure, 19 CFR 201.6. Documents for exclusion order in an investigation in 2001, based on a complaint filed by which confidential treatment by the which all respondents have settled with Milacron, Inc. (Milacron) of Cincinnati, Commission is sought will be treated complainant. Finally, the Commission OH, against eleven respondents. 66 FR accordingly. All nonconfidential written has decided to hold in abeyance the 44374 (2001). The complaint, as submissions will be available for public petitions for review that were filed by supplemented, alleged violations of inspection at the Office of the Secretary. Milacron and the IA pending its section 337 of the Tariff Act of 1930, as The authority for the Commission’s decision on the issue that it has amended (19 U.S.C. 1337) in the determination is contained in section determined to review. importation into the United States, sale 337 of the Tariff Act of 1930, as for importation, and sale within the Written Submissions amended (19 U.S.C. 1337), and in United States after importation of In order to complete its review, the sections 210.24, 210.43(d), 210.44, and certain plastic molding machines with Commission requests briefing from the 210.45 of the Commission’s Rules of control systems having programmable parties on the issue under review. Briefs Practice and Procedure (19 CFR 210.24, operator interfaces incorporating general should address the statutory language of 210.43(d), 210.44, and 210.45). purpose computers, and components section 337(g)(2), 19 U.S.C. 1337(g)(2), Issued: July 15, 2002. thereof, by reason of infringement of and the legislative history of the By order of the Commission. claims 1–4 and 9–13 of U.S. Patent No. provision. Briefs should also include a Marilyn R. Abbott, 5,062,052. All named respondents have discussion of Commission rules Secretary to the Commission. been terminated from the investigation 210.16(c)(1) and (2), 19 CFR 210.16(c)(1) [FR Doc. 02–18198 Filed 7–18–02; 8:45 am] on the basis of settlement agreements. and (2), as well as a discussion of the On April 18, 2002, Milacron filed a Commission’s commentaries issued in BILLING CODE 7020–02–P motion to amend the procedural connection with the promulgation of schedule so that it would have an these rules. The commentaries are found opportunity to file a motion for in 53 FR 330432 et seq. (August 29, JUDICIAL CONFERENCE OF THE summary determination of violation of 1988); 57 FR 52830 et seq. (November 5, UNITED STATES section 337 and to request a general 1992); 59 FR 39020 et seq. (August 1, exclusion order. On April 19, 2002, the 1994). In addition, the briefs should Meeting of the Judicial Conference Commission investigative attorney (IA) address whether the Commission has Advisory Committee on Rules of filed a response in support of Milacron’s the authority to issue a general Criminal Procedure motion to amend the procedural exclusion order under section 337(d)(2), schedule. On April 24, 2002, the ALJ 19 U.S.C. 1337(d)(2), in an investigation AGENCY: Judicial Conference of the issued Order No. 27, granting Milacron’s in which all named respondents have United States, Advisory Committee on request to amend the procedural settled with complainant. In this regard, Rules of Criminal Procedure. schedule in the investigation to allow the parties should address in particular ACTION: Notice of open meeting. Milacron the opportunity to file a the basis upon which a finding of motion for summary determination of violation of section 337 could be made SUMMARY: The Advisory Committee on violation and to seek a general exclusion in accordance with the Administrative Rules of Criminal Procedure will hold a order under Commission Rule Procedures Act in an investigation in two-day meeting. The meeting will be 210.16(c)(2). On May 17, 2002, which all respondents have settled and open to public observation but not complainant filed its motion for what showing the complainant needs to participation. summary determination and request for make in order to establish a finding of a recommendation supporting a general violation. Finally, the parties should DATES: September 26–27, 2002. exclusion order. The IA supported the address any policy implications that TIME: 8:30 a.m. to 5 p.m. motion and request. might be raised by a finding of violation On June 11, 2002, the ALJ issued of section 337 based on record evidence ADDRESSES: Inn By The Sea, 40 Bowery Order No. 29 which held that Milacron that relates solely to respondents that Beach Road, Cape Elizabeth, Maine. could not seek summary determination have settled with complainant and as to FOR FURTHER INFORMATION CONTACT: John of violation and was not entitled to a which the investigation has been K. Rabiej, Chief, Rules Committee recommended determination supporting terminated. Main briefs are due on Support Office, Administrative Office of a general exclusion order because of August 1, 2002. Reply briefs, if any, are the United States Courts, Washington, practical and Constitutional concerns in due on August 10, 2002. DC 20544, telephone (202) 502–1820.
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Dated: July 12, 2002. Dated: July 12, 2002. Dated: July 12, 2002. John K. Rabiej, John K. Rabiej, John K. Rabiej, Chief, Rules Committee Support Office. Chief, Rules Committee Support Office. Chief, Rules Committee Support Office. [FR Doc. 02–18312 Filed 7–18–02; 8:45 am] [FR Doc. 02–18314 Filed 7–18–02; 8:45 am] [FR Doc. 02–18316 Filed 7–18–02; 8:45 am] BILLING CODE 2210–55–M BILLING CODE 2210–55–M BILLING CODE 2210–55–M
JUDICIAL CONFERENCE OF THE JUDICIAL CONFERENCE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES UNITED STATES UNITED STATES Meeting of the Judicial Conference Meeting of the Judicial Conference Meeting of the Judicial Conference Advisory Committee on Rules of Civil Advisory Committee on Rules of Committee on Rules of Practice and Procedure Evidence Procedure
AGENCY: Judicial Conference of the AGENCY: Judicial Conference of the AGENCY: Judicial Conference of the United States, Advisory Committee on United States, Advisory Committee on United States, Committee on Rules of Rules of Civil Procedure. Rules of Evidence. Practice and Procedure. ACTION: Notice of open meeting. ACTION: Notice of open meeting. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on SUMMARY: The Committee on Rules of SUMMARY: The Advisory Committee on Rules of Civil Procedure will hold a Rules of Evidence will hold a one-day Practice and Procedure will hold a two- two-day meeting. The meeting will be meeting. The meeting will be open to day meeting. The meeting will be open open to public observation but not public observation but not participation. to public observation but not participation. participation. DATES: October 18, 2002. DATES: October 3–4, 2002. DATES: January 16–17, 2003. TIME: 8:30 a.m. to 5 p.m. TIME: 8:30 a.m. to 5 p.m. TIME: 8:30 a.m. to 5 p.m. ADDRESSES: La Posada de Santa Fe, 330 ADDRESSES: Renaissance Madison Hotel, ADDRESSES: Royal Palms Hotel and East Palace Avenue, Santa Fe, NM. 515 Madison Street, Seattle, WA. Casitas, 5200 East Camelback Road, FOR FURTHER INFORMATION CONTACT: John FOR FURTHER INFORMATION CONTACT: John Phoenix, Arizona. K. Rabiej, Chief, Rules Committee K. Rabiej, Chief, Rules Committee FOR FURTHER INFORMATION CONTACT: John Support Office, Administrative Office of Support Office, Administrative Office of K. Rabiej, Chief, Rules Committee the United States Courts, Washington, the United States Courts, Washington, Support Office, Administrative Office of DC 20544, telephone (202) 502–1820. DC 20544, telephone (202) 502–1820. the United States Courts, Washington, Dated: July 12, 2002. Dated: July 12, 2002. DC 20544, telephone (202) 502–1820. John K. Rabiej, John K. Rabiej, Dated: July 12, 2002. Chief, Rules Committee Support Office. Chief, Rules Committee Support Office. John K. Rabiej, [FR Doc. 02–18313 Filed 7–18–02; 8:45 am] [FR Doc. 02–18315 Filed 7–18–02; 8:45 am] Chief, Rules Committee Support Office. BILLING CODE 2210–55–M BILLING CODE 2210–55–M [FR Doc. 02–18317 Filed 7–18–02; 8:45 am] BILLING CODE 2210–SS–M
JUDICIAL CONFERENCE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES UNITED STATES DEPARTMENT OF JUSTICE Meeting of the Judicial Conference Meeting of the Judicial Conference [AAG/A Order No. 276–2002] Advisory Committee on Rules of Advisory Committee on Rules of Bankruptcy Procedure Appellate Procedure Privacy Act of 1974: System of Records AGENCY: Judicial Conference of the AGENCY: Judicial Conference of the United States, Advisory Committee on United States, Advisory Committee on Pursuant to the Privacy Act of 1974 (5 Rules of Bankruptcy Procedure. Rules of Appellate Procedure. U.S.C. 552a), notice is hereby given that the Department of Justice, Foreign ACTION: Notice of open meeting. ACTION: Notice of open meeting. Terrorist Tracking Task Force (FTTTF), proposes to modify the system of SUMMARY: The Advisory Committee on SUMMARY: The Advisory Committee on Rules of Bankruptcy Procedure will Rules of Appellate Procedure will hold records entitled ‘‘Flight Training hold a two-day meeting. The meeting a two-day meeting. The meeting will be Candidates File System, JUSTICE/ will be open to public observation but open to public observation but not FTTTF–001,’’ published on June 10, not participation. participation. 2002 (67 FR 39839). The FTTTF is DATES: October 10–11, 2002. modifying this system of records to add DATES: November 18–19, 2002. routine uses. TIME: 8:30 a.m. to 5 p.m. TIMES: 8:30 a.m. to 5 p.m. In accordance with 5 U.S.C. 552a(e)(4) ADDRESSES: Cape Codder Resort, Route and (11), the public is given a 30-day 132 & Bearse’s Way, 1225 Iyanough ADDRESSES: Park Hyatt San Francisco, period in which to comment on the Road, Hyannis, MA. 333 Battery Street, San Francisco, CA. proposed routine uses. The Office of FOR FURTHER INFORMATION CONTACT: John FOR FURTHER INFORMATION CONTACT: John Management and Budget (OMB), which K. Rabief, Chief, Rules Committee K. Rabiej, Chief, Rules Committee has oversight responsibility under the Support Office, Administrative Office of Support Office, Administrative Office of Act, and certain Congressional the United States Courts, Washington, the United States Courts, Washington, committees, require a 40-day period in DC. 20544, telephone (202) 502–1820. DC 20544, telephone (202) 502–1820. which to conclude review of the system.
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Therefore, please submit any comment other assignment for the Federal DEPARTMENT OF JUSTICE by August 19, 2002. The public, OMB Government, when necessary to and the Congress are invited to submit accomplish an agency function related Antitrust Division any comments to Mary Cahill, to this system of records. Notice Pursuant to the National Management Analyst, Management and G. To officials and employees of a Planning Staff, Justice Management Cooperative Research and Production federal agency or entity, including the Division, Department of Justice, Act of 1993—The Digital Subscriber White House, which requires Washington, DC 20530 (Room 1400, Line Forum National Place Building). information relevant to a decision concerning the hiring, appointment, or Notice is hereby given that, on April In accordance with 5 U.S.C. 552a, the 24, 2002, pursuant to Section 6(a) of the Department has provided a report to retention of an employee; the issuance of a security clearance; the execution of National Cooperative Research and OMB and the Congress. Production Act of 1993, 15 U.S.C. a security or suitability investigation; § 4301 et seq. (‘‘the Act’’), The Digital Dated: July 12, 2002. the classification of a job; or the Subscriber Line Forum (‘‘DSL’’) filed Robert F. Diegelman, issuance of a grant or benefit. Acting Assistant Attorney General for written notifications simultaneously Administration. H. To federal, state, and local with the Attorney General and the licensing agencies or associations which Federal Trade Commission disclosing JUSTICE/FTTTF–001 require information concerning the changes in its membership status. The System Name: Flight Training suitability or eligibility of an individual notifications were filed for the purpose Candidates File System, FTTTF–001 for a license or permit. of extending the Act’s provisions * * * * * I. To a Member of Congress or staff limiting the recovery of antitrust acting on the Member’s behalf when the plaintiffs to actual damages under ROUTINE USES OF RECORDS MAINTAINED IN THE Member or staff requests the specified circumstances. Specifically, SYSTEM, INCLUDING CATEGORIES OF USERS AND Best Data Products, Chatsworth, CA; information on behalf of, and at the THE PURPOSE OF SUCH USES: Cesky Telecom, Praha, CZECH request of, the individual who is the Information may be disclosed from REPUBLIC; Copper Development subject of the record. this system as follows: Assoc., New York, NY; Corecess, Seoul, A. To flight training providers and J. To the news media and the public REPUBLIC OF KOREA; Gatespace AB, other entities or persons in order to pursuant to 28 CFR § 50.2 unless it is Goteborg, SWEDEN; Infineon verify information submitted by determined that release of the specific Technologies, Munich, GERMANY; individual candidates, and to facilitate information in the context of a Linksys, Irvine, CA; Metro-Optix, Allen, the necessary risk assessment. particular case would constitute an TX; Nexans, Hickory, NC; Optimal B. To the United States Department of unwarranted invasion of personal Communications LTD, Gerrards Cross, State or other federal entities concerned privacy. Buckinghamshire, UNITED KINGDOM; with visas or immigration matters for K. To the General Services Pedestal Networks, Palo Alto, CA; purposes of visa or status Silicom, Kfar-Sava, ISRAEL; Thomson Administration and National Archives determinations and other risk warning Multimedia, Edegem, BELGIUM; and and Records Administration in records and assessment programs administered Valo Systems, Petaluma, CA, have been management inspections conducted by such Department or entities. added as parties to this venture. In C. In the event that a record in this under the authority of 44 U.S.C. §§ 2904 addition, 186K Ltd., Reading, Berkshire, system, either alone or in conjunction and 2906. UNITED KINGDOM; AccessLan with other information, indicates a L. To a former employee of the Communications, San Jose, CA; Accton violation or potential violation of law— Department for purposes of: Responding Technology, Hsinchu, TAIWAN; Acer criminal, civil, or regulatory in nature— to an official inquiry by a federal, state, Communications & Multimedia, Taipei, the relevant records may be referred to or local government entity or TAIWAN; Ahead Communications, the appropriate federal, state, local, professional licensing authority, in Vienna, AUSTRIA; Anda Networks, San foreign, or tribal law enforcement accordance with applicable Department Jose, CA; Applied Innovation, Dublin, authority or other appropriate agency regulations; or facilitating OH; Arca Technologies, Belfast, charged with the responsibility for communications with a former UNITED KINGDOM; ASUSTek investigating or prosecuting such employee that may be necessary for Computer, Taipei, TAIWAN; violation or charged with enforcing or personnel-related or other official Atlantic Telecom, Frankfurt, implementing such law. purposes where the Department requires GERMANY; Avaya, Inc., Whippany, NJ; D. In an appropriate proceeding information and/or consultation BABT, Santa Clara, CA; Banspeed, before a court or administrative or Austin, TX; BATM, Rosh Ha’ayin, assistance from the former employee regulatory body when records are ISRAEL; BayPackets, Menlo Park, CA; regarding a matter within that person’s determined by the Department of Justice Bicotest, Cheshunt, Hertfordshire, to be arguably relevant to the former area of responsibility. UNITED KINGDOM; Broadband proceeding. M. To such recipients and under such Gateways, Plano, TX; BroadJump, E. To an actual or potential party to circumstances and procedures as are Austin, TX; Carrier Access Corporation, litigation or the party’s authorized mandated by federal statute or treaty. Boulder, CO; C–DOT, Bangalore, INDIA; representative for the purpose of * * * * * Celestix Networks, Fremont, CA; Centre negotiation or discussion on such [FR Doc. 02–18219 Filed 7–18–02; 8:45 am] for Wireless Communications, matters as settlement, plea bargaining, Singapore, SINGAPORE; Charles or in informal discovery proceedings. BILLING CODE 4410–FB–P Industries, Rolling Meadows, IL; Cirrus F. To contractors, grantees, experts, Logic, Boca Raton, FL; CIS Industries, consultants, students, and others Fremont, CA; Consultronics, Concord, performing or working on a contract, Ontario, CANADA; Convergent service, grant, cooperative agreement, or Networks, Lowell, MA; Coreon, Staten
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Island, NY; Corning Cable Systems, Semiconductor, Tustin, CA; Tecom Co., DEPARTMENT OF JUSTICE Keller, TX; Dataflex Design LTD., Hsinchu, TAIWAN; TeleDream, Communications, Sutton, Surrey, San Jose, CA; Telefonica CTC Chile, Antitrust Division UNITED KINGDOM; DBTEL, Taipei, Santiago, CHILE; Telenor, Oslo, Notice Pursuant to the National TAIWAN; Delta Products Corporation, NORWAY; Telmax Communications, Cooperative Research and Production Research Triangle Park, NC; D-Link, Fremont, CA; Tenovis GmbH & Co. KG, Hsinchu, TAIWAN; DT Magnetics, Act of 1993—JABO Metal Fabrication, Frankfurt, GERMANY; TERAYON, Inc. Ramona, CA; DV Tel. Inc., Totowa, NJ; Fremont, CA; Tioga Technologies, Tel EBONE, Hoeilaart, BELGIUM; Efficient Aviv, ISRAEL; Toko America, Mt. Notice is hereby given that, on Networks, Dallas, TX; Eicon Networks, Prospect, IL; TollBridge Technologies, February 21, 2002, pursuant to Section Montreal, Quebec, CANADA; ELSA, Santa Clara, CA; TranSwitch 6(a) of the National Cooperative Aachen, GERMANY; Energis Corporation, Shelton, CT; TXU Research and Production Act of 1993, Communications, Reading, Berkshire, 15 U.S.C. 4301 et seq. (‘‘the Act’’), JABO UNITED KINGDOM; Epcos, Munich, Communications, Irving, TX; UAT, Taipei, TAIWAN; VDSL Systems Oy, Metal Fabrication, Inc. has filed written GERMANY; e-Site, Tustin, CA; E-Tech, notifications simultaneously with the Hsinchu, TAIWAN; Fluke Networks, Espoo, FINLAND; ViaGate Technologies, Bridgewater, NJ; Vina Attorney General and the Federal Trade Inc., Everett, WA; General Cable, Commission disclosing (1) the identities Highland Heights, KY; GlobaLoop, Hod Technologies, Newark, CA; Vpacket Communications, Milpitas, CA; of the parties and (2) the nature and Hasharon, ISRAEL; HarmonyCom, objectives of the venture. The Westwave Communications, Santa Rosa, Petach-Tikva, ISRAEL; Hitachi, notifications were filed for the purpose Yokohama, JAPAN; iMagicTV, CA; and Zoom Telphonics, Boston, MA, of invoking the Act’s provisions limiting Cambridge, UNITED KINGDOM; have been dropped as parties to this the recovery of antitrust plaintiffs to imajet.com, Singapore, SINGAPORE; venture. actual damages under specified Incognito Software, Vancouver, British The following companies have circumstances. Pursuant to Section 6(b) Columbia, CANADA; InfiniLink merged: UUNet was bought by of the Act, the identities of the parties Corporation, Irvine, CA; Institute for WorldCom, and their memberships have are Handi-House Manufacturing Co., Information Industry (III), Taipei, Swainsboro, GA; Lark Builders, Inc., TAIWAN; Integral Access, Chelmsford, been merged under WorldCom, Vidalia, GA; Donald E. Flanders, MA; Interactive Enterprise Ltd., Dublin, Cambridge, UNITED KINGDOM; Xircom Swainsboro, GA; and Robert L. Moore, IRELAND; ITI Limited, Bangalore, was bought by Intel, and their INDIA; Kenetec, Oxford, CT; Legerity, memberships have been merged under Jr., Vidalia, GA. The nature and Austin, TX; LSI Logic, San Jose, CA; Intel, Wheaton, IL; Cayman Systems was objectives of the venture are the MCK Communications, Newton, MA; bought by Netopia, and their manufacture and production of Midcom, Watertown, SD; Mitsubishi memberships have been merged under wholesale sheet metal and sale and Electric Corporation, Kamakura, JAPAN; Netopia, Billerica, MA; and 8 × 8 was distribution of sheet metal products to mPhase Technologies, Norwalk, CT; bought by Netergy Networks, Marlow, industrial and commercial customers. National Semiconductor, Santa Clara, Bucks, UNITED KINGDOM. Constance K. Robinson, CA; Navini Networks, Richardson, TX; No other changes have been made in Director of Operations, Antitrust Division. NeoWave, Anyang-shi, REPUBLIC OF either the membership or planned [FR Doc. 02–18229 Filed 7–18–02; 8:45 am] KOREA; Netensity, Plano, TX; Netility, activity of the group research project. BILLING CODE 4410–01–M Sunnyvale, CA; NightFire Software, Membership in this group research Oakland, CA; Nortel Networks, Harlow, project remains open, and DSL intends Essex, UNITED KINGDOM; Orckit DEPARTMENT OF JUSTICE Communications, Tel-Aviv, ISRAEL; to file additional written notifications PCTEL, Waterbury, CT; Premier disclosing all changes in membership. Immigration and Naturalization Service Magnetics Inc., Lake Forest, CA; Profec On May 15, 1995, DSL filed its Group, Nummela, FINLAND; Proscend original notification pursuant to Section [INS No. 2213–02] Communication, Hsinchu, TAIWAN; 6(a) of the Act. The Department of Immigration and Naturalization Service QS Communications, Cologne, Justice published a notice in the Federal Airport and Seaport Inspections User GERMANY; QuesCom SA, Valbonne, Register pursuant to Section 6(b) of the Fee Advisory Committee Meeting FRANCE; Radio Shack, Fort Worth, TX; Act on July 25, 1995 (60 FR 38058). RC Networks, San Diego, CA; RCS AGENCY: Immigration and Naturalization Reseaux, Pantin, FRANCE; RIAS The last notification was filed with Service, Justice. the Department on February 5, 2002. A Corporation, Fremont, CA; Rosun ACTION: Notice of meeting. Technologies, Fremont, CA; Sagem notice was published in the Federal Group, Paris, FRANCE; Sapphire Register pursuant to Section 6(b) of the Committee meeting: Immigration and Communications, San Jose, CA; sentitO Act on March 27, 2002 (67 FR 14729). Naturalization Service Airport and Networks, Rockville, MD; Sharegate, Seaport Inspections User Fee Federal Constance K. Robinson, Reno, NY; Sheer Networks, Sunnyvale, Advisory Committee. CA; Silicon Integrated Systems, Hsin- Director of Operations, Antitrust Division. Date and time: Thursday, August 8, Chu, TAIWAN; Sonus Networks, Long [FR Doc. 02–18230 Filed 7–18–02; 8:45 am] 2002, at 1 p.m. Beach, CA; Sony Electronics, Inc., San BILLING CODE 4410–11–M Place: Immigration and Naturalization Jose, CA; State Farm Insurance, Service Headquarters, 425 I Street NW., Bloomington, IL; Superior Washington, DC 20536, Shaughnessy Telecommunications, Atlanta, GA; Surf Conference Room, Sixth Floor. Communications Solutions, D.N., Status: Open. Twenty-fourth meeting Misgav, ISRAEL; Talema-Nuvotem, of this Advisory Committee. Donegal, IRELAND; Tamura Corporation Purpose: Performance of advisory of America, Temecula, CA; TDK responsibilities to the Commissioner of
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the Immigration and Naturalization DEPARTMENT OF LABOR CFR Parts 1 and 5. Accordingly, the Service (INS) pursuant to section 286(k) applicable decision, together with any of the Immigration and Nationality Act Employment Standards Administration modifications issued, must be made a (INA), as amended, 8 U.S.C. 1356(k) and Wage and Hour Division part of every contract for performance of the Federal Advisory Committee Act, 5 the described work within the U.S.C. app. 2. The responsibility of this Minimum Wages for Federal and geographic area indicated as required by standing Advisory Committee is to Federally Assisted Construction; an applicable Federal prevailing wage advise the INS Commissioner on issues General Wage Determination Decisions law and 29 CFR part 5. The wage rates related to the performance of Airport General wage determination decisions and fringe benefits, notice of which is and Seaport Immigration Inspection of the Secretary of Labor are issued in published herein, and which are Services. This advice should include, accordance with applicable law and are contained in the Government Printing but need not be limited to, the time based on the information obtained by Office (GPO) document entitled period during which such services the Department of Labor from its study ‘‘General Wage Determinations Issued should be performed, the proper of local wage conditions and data made Under The Davis-Bacon And Related number and deployment of inspection available from other sources. They Acts,’’ shall be the minimum paid by officers, the level of fees, and the specify the basic hourly wage rates and contractors and subcontractors to appropriateness of any proposed fee. fringe benefits which are determined to laborers and mechanics. These responsibilities are related to the be prevailing for the described classes of Any person, organization, or assessment of an immigration user fee laborers and mechanics employed on governmental agency having an interest pursuant to section 286(d) of the INA, construction projects of a similar in the rates determined as prevailing is as amended, 8 U.S.C. 1356(d). The character and in the localities specified encouraged to submit wage rate and Advisory Committee focuses its therein. fringe benefit information for attention on those areas of most concern The determinations in these decisions consideration by the Department. and benefit to the travel industry, the of prevailing rates and fringe benefits Further information and self- traveling public, and the Federal have been made in accordance with 29 explanatory forms for the purpose of Government. CFR part 1, by authority of the Secretary submitting this data may be obtained by Agenda: of Labor pursuant to the provisions of writing to the U.S. Department of Labor, 1. Introduction of the Committee the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, members. as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of 2. Discussion of administrative issues. 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution 3. Discussion of activities since last statutes referred to in 29 CFR part 1, Avenue, NW., Room S–3014, meeting. Appendix, as well as such additional Washington, DC 20210. 4. Discussion of specific concerns and statutes as may from time to time be Modification to General Wage questions of Committee members. enacted containing provisions for the 5. Discussion of future traffic trends. Determination Decisions 6. Discussion of relevant written payment of wages determined to be The number of the decisions listed to statements submitted in advance by prevailing by the Secretary of Labor in the Government Printing Office members of the public. accordance with the Davis-Bacon Act. document entitled ‘‘General Wage 7. Scheduling of next meeting. The prevailing rates and fringe benefits Determinations Issued Under the Davis- Public participation: The meeting is determined in these decisions shall, in Bacon and related Acts’’ being modified open to the public, but advance notice accordance with the provisions of the are listed by Volume and State. Dates of of attendance is requested to ensure foregoing statutes, constitute the publication in the Federal Register are adequate seating. Persons planning to minimum wages payable on Federal and in parentheses following the decisions attend should notify the contact person federally assisted construction projects being modified. to laborers and mechanics of the at least 5 days prior to the meeting. Volume I Members of the public may submit specified classes engaged on contract written statements at any time before or work of the character and in the Connecticut CT020001 (Mar. 1, 2002) after the meeting to the contact person localities described therein. Good cause is hereby found for not CT020002 (Mar. 1, 2002) for consideration by this Advisory utilizing notice and public comment CT020003 (Mar. 1, 2002) Committee. Only written statements procedure thereon prior to the issuance CT020004 (Mar. 1, 2002) received by the contact person at least CT020005 (Mar. 1, 2002) of these determinations as prescribed in 5 days prior to the meeting will be Vermont 5 U.S.C. 553 and not providing for delay considered for discussion at the VT020001 (Mar. 1, 2002) in the effective date as prescribed in that meeting. VT020011 (Mar. 1, 2002) Contact person: Charles D. section, because the necessity to issue VT020013 (Mar. 1, 2002) current construction industry wage VT020041 (Mar. 1, 2002) Montgomery, Office of the Assistant VT020043 (Mar. 1, 2002) Commissioner, Inspections, Immigration determinations frequently and in large and Naturalization Service, Room 4064, volume causes procedures to be Volume II 425 I Street NW., Washington, DC impractical and contrary to the public None. interest. 20536; telephone: (202) 616–7498; fax: Volume III (202) 514–8345; e-mail: General wage determination [email protected] decisions, and modifications and None. supersedeas decisions thereto, contain Volume IV Dated: July 15, 2002. no expiration dates and are effective James W. Ziglar, from their date of notice in the Federal Illinois IL020001 (Mar. 1, 2002) Commissioner, Immigration and Register, or on the date written notice IL020002 (Mar. 1, 2002) Naturalization Service. is received by the agency, whichever is IL020006 (Mar. 1, 2002) [FR Doc. 02–18234 Filed 7–18–02; 8:45 am] earlier. These decisions are to be used IL020008 (Mar. 1, 2002) BILLING CODE 4410–10–U in accordance with the provisions of 29 IL020009 (Mar. 1, 2002)
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IL020010 (Mar. 1, 2002) Regional Government Depository Copyright Arbitration Royalty Panel, IL020020 (Mar. 1, 2002) Libraries and many of the 1,400 P.O. Box 70977, Southwest Station, IL020065 (Mar. 1, 2002) Government Depository Libraries across Washington, DC 20024. Telephone: Minnesota the country. (202) 707–8380. Telefax: (202) 252– MN020007 (Mar. 1, 2002) General wage determinations issued Wisconsin 3423. under the Davis-Bacon and related Acts WI020004 (Mar. 1, 2002) Correction WI020009 (Mar. 1, 2002) are available electronically at no cost on WI020017 (Mar. 1, 2002) the Government Printing Office site at In document 02–17897 beginning on WI020046 (Mar. 1, 2002) http://www.access.gpo.gov/davisbacon. page 46698 in the issue of July 16, 2002, WI020047 (Mar. 1, 2002) They are also available electronically by make the following correction, in the WI020048 (Mar. 1, 2002) subscription to the Davis-Bacon Online SUPPLEMENTARY INFORMATION section: Volume V Service (http:// On page 46698, in the third column, davisbacon.fedworld.gov) of the the first sentence in the last paragraph None National Technical Information Service which reads, ‘‘Each claimant who Volume VI (NTIS) of the U.S. Department of intends to participate in the distribution Alaska Commerce at 1–800–363–2068. This of the 1995, 1996, 1997, and 1998 AK020001 (Mar. 1, 2002) subscription offers value-added features Musical Works Funds must also file a AK020002 (Mar. 1, 2002) such as electronic delivery of modified Notice of Intention to participate.’’ is AK020006 (Mar. 1, 2002) wage decisions directly to the user’s corrected to read as follows: ‘‘Each Colorado desktop, the ability to access prior wage claimant who intends to participate in CO020001 (Mar. 1, 2002) decisions issued during the year, the distribution of the 1999, 2000 and CO020002 (Mar. 1, 2002) extensive Help desk Support, etc. CO020003 (Mar. 1, 2002) 2001 Musical Works Funds must also Hard-copy subscriptions may be file a Notice of Intention to participate.’’ CO020004 (Mar. 1, 2002) purchased from: Superintendent of CO020008 (Mar. 1, 2002) Document, U.S. Government Printing Dated: July 17, 2002. CO020009 (Mar. 1, 2002) Marilyn J. Kretsinger, CO020010 (Mar. 1, 2002) Office, Washington, DC 20402, (202) Assistant General Counsel. CO020011 (Mar. 1, 2002) 512–1800. CO020012 (Mar. 1, 2002) When ordering hard-copy [FR Doc. 02–18277 Filed 7–18–02; 8:45 am] Oregon subscription(s), be sure to specify the BILLING CODE 1410–31–P OR020007 (Mar. 1, 2002) State(s) of interest, since subscriptions Utah may be ordered for any or all of the six UT020004 (Mar. 1, 2002) separate Volumes, arranged by State. Washington NUCLEAR REGULATORY Subscriptions which includes all COMMISSION WA020001 (Mar. 1, 2002) current general wage determinations for WA020002 (Mar. 1, 2002) the States covered by each volume. WA020003 (Mar. 1, 2002) Agency Information Collection WA020004 (Mar. 1, 2002) Throughout the remainder of the year, Activities: Proposed Collection; WA020004 (Mar. 1, 2002) regular weekly updates will be Comment Request WA020005 (Mar. 1, 2002) distributed to subscribers. AGENCY: Nuclear Regulatory WA020007 (Mar. 1, 2002) Signed at Washington, DC this 11th day of WA020008 (Mar. 1, 2002) July 2002. Commission. WA020011 (Mar. 1, 2002) Carl J. Poleskey, ACTION: Notice of the OMB review of Volume VII Chief, Branch of Construction Wage information collection and solicitation of public comment. California Determinations. CA020001 (Mar. 1, 2002) [FR Doc. 02–17953 Filed 7–18–02; 8:45 am] SUMMARY: The NRC is preparing a CA020002 (Mar. 1, 2002) BILLING CODE 4510–27–M CA020004 (Mar. 1, 2002) submittal to OMB for review of CA020009 (Mar. 1, 2002) continued approval of information collections under the provisions of CA020019 (Mar. 1, 2002) LIBRARY OF CONGRESS CA020023 (Mar. 1, 2002) Paperwork Reduction Act of 1995 (44 CA020025 (Mar. 1, 2002) Copyright Office U.S.C. Chapter 35). CA020028 (Mar. 1, 2002) Information pertaining to the CA020029 (Mar. 1, 2002) [Docket No. 2002–7 DD 99–01] requirement to be submitted: CA020030 (Mar. 1, 2002) 1. The title of the information CA020031 (Mar. 1, 2002) Ascertainment of Controversy for the collection: 10 CFR part 30—Rules of CA020032 (Mar. 1, 2002) Distribution of the 1999, 2000, and CA020033 (Mar. 1, 2002) General Applicability to Domestic 2001 Digital Audio Recording Royalty Licensing of Byproduct Material. CA020035 (Mar. 1, 2002) Funds CA020036 (Mar. 1, 2002) 2. Current OMB approval number: CA020037 (Mar. 1, 2002) AGENCY: Copyright Office, Library of 3150–0017. 3. How often the collection is General Wage Determination Congress. ACTION: Correction. required: Required reports are collected Publication and evaluated on a continuing basis as General wage determinations issued SUMMARY: This document corrects an events occur. There is a one-time under the Davis-Bacon and related Acts, error in the notice requesting that submittal of information to receive a including those noted above, may be interested parties file Notices of license. Renewal applications are found in the Government Printing Office Intention to participate in the submitted every 10 years. Information (GPO) document entitled ‘‘General Wage proceeding to distribute the 1999, 2000 submitted in previous applications may Determinations Issued Under the Davis- and 2001 Musical Works Funds. be referenced without being Bacon And Related Acts’’. This FOR FURTHER INFORMATION CONTACT: resubmitted. In addition, recordkeeping publication is available at each of the 50 Tanya M. Sandros, Senior Attorney, must be performed on an on-going basis.
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4. Who is required or asked to report: For the Nuclear Regulatory Commission. NWTRB guidelines. To be considered All persons applying for or holding a Brenda Jo. Shelton, for inclusion in the final guidelines, license to manufacture, produce, NRC Clearance Officer, Office of the Chief comments must be received by July 26, transfer, receive, acquire, own, possess, Information Officer. 2002. or use radioactive byproduct material. [FR Doc. 02–18241 Filed 7–18–02; 8:45 am] Nothing in the guidelines set forth in 5. The number of annual respondents: BILLING CODE 7590–01–P this notice is intended to confer any 21,583 (4,678 NRC licensee and 16,905 legal right on any individual. The Agreement State licensees). Board’s predissemination review under 6. The number of hours needed NUCLEAR WASTE TECHNICAL these guidelines applies to information annually to complete the requirement or REVIEW BOARD first disseminated by the Board on or request: 199,389 (NRC licensees 44,613 after October 1, 2002. hours (19,955 reporting + 24,658 Guidelines for Ensuring and Draft Guidelines for Disseminating recordkeeping) and Agreement State Maximizing the Quality, Objectives, Information licensees 154,776 hours (67,439 Utility, and Integrity of Information reporting + 87,337 recordkeeping)). Disseminated by the U.S. Nuclear Board Mandate 7. Abstract: 10 CFR part 30 establishes Waste Technical Review Board The U.S. Nuclear Waste Technical requirements that are applicable to all AGENCY: U.S. Nuclear Waste Technical Review Board was established by Public persons in the United States governing Review Board. Law 100–203, Part E, to ‘‘evaluate the domestic licensing of radioactive ACTION: Draft notice for comment. technical and scientific validity of byproduct material. The application, activities undertaken by the Secretary reporting and recordkeeping SUMMARY: The Office of Management [of Energy] after the date of the requirements are necessary to permit the and Budget (OMB) issued government enactment of the Nuclear Waste Policy NRC to make a determination whether wide guidelines (OMB Guidelines) as Amendments Act of 1987, including: (1) the possession, use, and transfer of required by Section 515 of the Treasury [Yucca Mountain] site characterization byproduct material is in conformance and General Government activities; and (2) activities relating to with the Commission’s regulations for Appropriations Act for Fiscal Year 2001 the packaging or transporting of high- protection of the public health and (Pub. L. 106–554; H.R. 5658) to ensure level radioactive waste or spent nuclear safety. and maximize the quality of information fuel.’’ Submit, by September 17, 2002, disseminated by Federal agencies. The To carry out its mandate, the Board comments that address the following OMB Guidelines were published on strives for a high standard of quality in questions: September 28, 2001, (66 FR 49718) and reviewing the U.S. Department of 1. Is the proposed collection of on January 3, 2002, (67 FR 369) and Energy’s (DOE) technical and scientific information necessary for the NRC to reprinted in their entirety on February activities. The Board holds open properly perform its functions? Does the 22, 2002, (67 FR 8452): Guidelines for meetings, routinely schedules time for information have practical utility? Ensuring and Maximizing the Quality, public comment at its meetings, and 2. Is the burden estimate accurate? Objectively, Utility, and Integrity of actively solicits the opinions of experts 3. Is there a way to enhance the Information Disseminated by Federal in fields allied with topics under quality, utility, and clarity of the Agencies. Each Federal agency is review. information to be collected? required to issue its own set of The Board also makes every effort to ensure the quality, objectivity, utility, 4. How can the burden of the guidelines to comply with Section 515 and integrity of information that it information collection be minimized, requirements. The U.S. Nuclear Waste Technical disseminates. In developing these including the use of automated Review Board (Board) is making its draft guidelines, the Board has followed the collection techniques or other forms of information guidelines available for requirements set out by the OMB. information technology? public comment both in the Federal Information Disseminated by the Board A copy of the draft supporting Register and on its Web site at statement may be viewed free of charge www.nwtrb.gov. The Board welcomes The Board was charged by Congress at the NRC Public Document Room public comment on the guidelines. with providing technical and scientific located at One White Flint North, 11555 Please send comments by e-mail to advice to Congress and the Secretary of Rockville Pike, Rockville, MD. OMB [email protected]. or in writing to Joyce Energy based on the expert opinion of clearance requests are available at the M. Dory, Director of Administration; Board members. In accordance with its NRC worldwide web site (http:// U.S. Nuclear Waste Technical Review congressional mandate, the Board www.nrc.gov/public-involve/doc- Board; 2300 Clarendon Blvd., Suite performs an evaluation of the technical comment/omb/index.html). The 1300; Arlington, VA 22201. and scientific validity of factual document will be available on the NRC Comments may be submitted on the information provided by the DOE. The home page site for 60 days after the draft NWTRB guidelines or on the Board does not originate technical and signature date of this notice. proposed complaint and review process scientific research or data. Comments and questions about the for addressing public requests for Consequently, information disseminated information collection requirements correcting such information. When by the Board is almost without may be directed to the NRC Clearance commenting, please bear in mind that exception based on Board-member Officer, Brenda Jo. Shelton, U.S. Nuclear the purpose of the complaint and review opinion. Like all expert judgments, Regulatory Commission, T–6 E 6, process is to deal with information Board opinions have a subjective Washington, DC 20555–0001, by quality, not to resolve underlying element. Thus, they are not easily telephone at (301) 415–7233, or by substantive policy or legal issues or subjected to the tests of objectivity, Internet electronic mail at factual disputes. reproducibility, and transparency [email protected]. Comments received will be reviewed described in the OMB guidelines. Dated at Rockville, Maryland, this 15th day and may be included in the Board’s The Board has developed the of July 2002. request to OMB for approval of final following proposed guidelines for the
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information the Board disseminates. available on its Web site and on request. notified of the decision by mail, The guidelines have three elements: Most of these documents can be telephone, e-mail, or fax. First, to the extent that Board opinions downloaded and are accessible to those If the claim is denied, the requester derive directly from specific technical who use assistive technology for reading may ask within 30 days of the date of analyses, those analyses are revealed. online material. the decision for reconsideration of the Second, the Board makes clear the logic Board’s decision. Such requests must be and rationale for its expert opinions. Quality Management Principles made by e-mail ([email protected]) or in Third, the Board makes every effort to In reviewing information for writing (U.S. Nuclear Waste Technical ensure that the information on which it dissemination, the Board complies with Review Board; Director of bases its opinions is credible. statutory requirements for protecting Administration; 2300 Clarendon Blvd., Technical analyses. The Board certain information. The statutory Suite 1300; Arlington, VA 22201). The includes a discussion of technical requirements include the Privacy Act of NWTRB will then reconsider its analyses that form the basis of its expert 1974, the Freedom of Information Act, decision. Reconsiderations will be made opinions in its twice-yearly reports to and the computer security provisions of by the Director of Administration or Congress and the Secretary of Energy. In the Paperwork Reduction Act. The delegate. The claimant will be notified addition, such technical analyses are Board strives to ensure that the of the final decision within six weeks. referenced in Board correspondence information in Board documents is Definitions with the DOE and in correspondence unbiased, relevant, accurate, and clear with and testimony before Congress. by using the following procedures. Quality: An encompassing term Logic and rationale. To make the logic comprising utility, objectivity, and The Board reviews documents for and rationale that support its opinions integrity, as defined below. clear, the Board makes every effort to adherence to quality standards as part of Utility: The usefulness of the ensure that its findings and its internal review process. Board information to its intended users. recommendations and the technical members and Board staff perform Objectivity: A focus on ensuring that analysis on which they are based are multiple reviews of Board reports, information is accurate, reliable, and understandable, relevant, and widely Board correspondence, Board unbiased, and that information products accessible. congressional testimony, and other are presented in an accurate, clear, Credible information. To help ensure documents. All Board documents are complete, and unbiased manner. that its opinions are based on credible reviewed for consistency and clarity. Integrity: The security of information information, the Board stays informed Text is edited to ensure that thoughts from unauthorized access or revision to on progress in the program by holding and arguments flow logically and are ensure that the information is not meetings several times a year, by being clear, concise, easy to read, and compromised through corruption or updated on current scientific and grammatically correct. Tables and charts falsification. technical research, by conducting field are edited to ensure that they clearly Information: Any communication or observations, and by gathering and accurately illustrate and support representation of knowledge, such as information from parties to the process points made in the text. Sound facts or data, in any form. This does not and experts in related fields. However, statistical and analytical techniques are include individual Board member or the quality of information derived from used in developing Board documents. staff opinions, where the agency makes external sources cannot be guaranteed Complaint and Review Procedures it clear that what is being offered is by the Board. someone’s opinion rather than fact or From time to time, the Board retains Corrections of Information Covered by the Board’s view. technical experts to provide their These Guidelines Dissemination: Agency-instituted or opinions on specific technical and Board guidelines include the agency-sponsored distribution of scientific issues related to the Board’s following procedures for members of the information to the public. review of the DOE program. Expert public to seek and obtain appropriate Dissemination under these guidelines opinion generated or disseminated by correction of information maintained does not include distributions limited to these expert consultants is not covered and disseminated by the NWTRB after government employees or agency under the guidelines. When the views of October 1, 2002. As required by OMB contractors or grantees; interagency or expert consultants are disseminated, the Guidelines, the NWTRB will report intraagency use or sharing of Board includes an appropriate annually to the director of the OMB on government information; and responses disclaimer in the document, for the number and disposition of such to requests for agency records under the example: ‘‘The views in this document requests received. Freedom of Information Act, the Privacy are those of the consultant and are not Act, the Federal Advisory Committee necessarily those of the Board.’’ Use a copy of the form provided on Act, or other similar law. the Board’s Web site or available from Influential: The Board can reasonably Dissemination of Information the Board’s office. Provide the determine that dissemination of the The Board strives for a high degree of information requested on the form and information will have or does have a transparency in its evaluation of the submit it to [email protected] or to U.S. clear and substantial effect on important DOE program. Consequently, the Board Nuclear Waste Technical Review Board; public policies. ensures that all Board documents are Section 515 Compliance; 2300 Reproducibility: The information is widely disseminated and available to Clarendon Blvd., Suite 1300; Arlington, capable of being substantially other organizations, to members of VA 22201. reproduced, subject to an acceptable Congress, and to members of the public. The NWTRB may choose not to degree of imprecision. The Board mails its twice-yearly reports respond to requests based on claims Information not covered by the OMB and its meeting notice directly to its deemed frivolous or unlikely to have or Board guidelines includes the extensive mailing list. The Board makes substantial future effect. A decision on following: all its reports, correspondence, whether and how to correct the • Archival records congressional testimony, meeting information will be made within 90 • Transcripts of meetings transcripts, and other documents days of receipt, and the requester will be • Correspondence with an individual
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• Press releases Street, NW., Room 6500, Washington, Annually, the Chair compiles a report • Reports containing a disclaimer. DC 20415. of pay issues discussed and concluded Dated: July 12, 2001. Office of Personnel Management. recommendations. These reports are Karyn Severson, Kay Coles James, available to the public, upon written request to the Committee’s Secretary. Director, External Affairs, Nuclear Waste Director. The public is invited to submit Technical Review Board. [FR Doc. 02–18117 Filed 7–18–02; 8:45 am] material in writing to the Chair on [FR Doc. 02–18188 Filed 7–18–02; 8:45 am] BILLING CODE 6325–38–P Federal Wage System pay matters felt to BILLING CODE 6820–AM–M be deserving of the Committee’s attention. Additional information on OFFICE OF PERSONNEL this meeting may be obtained by MANAGEMENT OFFICE OF PERSONNEL contacting the Committee’s Secretary, MANAGEMENT Federal Prevailing Rate Advisory Office of Personnel Management, Federal Prevailing Rate Advisory Proposed Collection; Comment Committee; Open Committee Meetings Committee, Room 5538, 1900 E Street, Request for Revision of SF–15 According to the provisions of section NW., Washington, DC 20415, (202) 606– AGENCY: Office of Personnel 10 of the Federal Advisory Committee 1500. Management. Act (Pub. L. 92–463), notice is hereby Dated: June 6, 2002. given that meetings of the Federal ACTION: Notice. Mary M. Rose, Prevailing Rate Advisory Committee Chairperson, Federal Prevailing Rate SUMMARY: In accordance with the will be held on— Advisory Committee. Paperwork Reduction Act of 1995 Thursday, July 25, 2002 (Public Law 104–13, May 22, 1995), this Thursday, August 8, 2002 [FR Doc. 02–18118 Filed 7–18–02; 8:45 am] notice announces that the Office of Thursday, September 12, 2002 BILLING CODE 6325–49–P Personnel Management (OPM) intends Thursday, October 10, 2002 The meeting will start at 10 a.m. and to submit to the Office of Management will be held in Room 5A06A, Office of and Budget (OMB) a request for revision RAILROAD RETIREMENT BOARD Personnel Management Building, 1900 E of an expiring information collection Street, NW., Washington, DC. Agency Forms Submitted for OMB form, Standard Form 15 (SF–15). SF 15, The Federal Prevailing Rate Advisory Review Application for 10-Point Veteran Committee is composed of a Chair, five Preference, is used by OPM examining SUMMARY representatives from labor unions : In accordance with the offices and agency appointing officials holding exclusive bargaining rights for Paperwork Reduction Act of 1995 (44 to adjudicate individuals’ claims for Federal blue-collar employees, and five U.S.C. Chapter 35), the Railroad veterans’ preference in accordance with representatives from Federal agencies. Retirement Board (RRB) has submitted the Veterans’ Preference Act of 1944. Entitlement to membership on the the following proposal(s) for the According to the General Services Committee is provided for in 5 U.S.C. collection of information to the Office of Administration, 45,000 forms were used 5347. Management and Budget for review and last year. Each form requires The Committee’s primary approval. approximately 10 minutes to complete. responsibility is to review the Prevailing Summary of Proposals(s) The annual estimated burden is 7,500 Rate System and other matters pertinent (1) Collection title: Statement of hours. to establishing prevailing rates under Authority. Comments are particularly invited on: subchapter IV, chapter 53, 5 U.S.C., as (2) Form(s) submitted: SI–10. whether this information is necessary amended, and from time to time advise for OPM to properly perform its (3) OMB Number: 3220–0034. the Office of Personnel Management. (4) Expiration date of current OMB functions; whether the information will This scheduled meeting will start in have practical utility; whether OPM’s clearance: 11/30/2002. open session with both labor and (5) Type of request: Extension of a estimate of the public burden of this management representatives attending. collection of information is accurate and currently approved collection. During the meeting either the labor (6) Respondents: Individuals or based on valid assumptions and members or the management members methodology; and ways in which OPM households, Business or other for-profit. may caucus separately with the Chair to (7) Estimated annual number of can minimize the burden of the devise strategy and formulate positions. collection of information on those who respondents: 400. Premature disclosure of the matters (8) Total annual responses: 400. are to respond, through the use of discussed in these caucuses would (9) Total annual reporting hours: 40. appropriate technological collection unacceptably impair the ability of the (10) Collection description: Under 20 techniques or other forms of information Committee to reach a consensus on the CFR 355.2, the Railroad Retirement technology. matters being considered and would Board (RRB) accepts claims for sickness For copies of this proposal, contact disrupt substantially the disposition of benefits by other than the sick or injured Mary Beth Smith-Toomey at its business. Therefore, these caucuses employees, provided the RRB has the [email protected] or fax to (202) 418– will be closed to the public because of information needed to satisfy itself that 3251. Please be sure to include a a determination made by the Director of the delegation should be made. mailing address with your request. the Office of Personnel Management Additional Information or Comments: DATES: Comments on this proposal under the provisions of section 10(d) of Copies of the forms and supporting should be received within 60 calendar the Federal Advisory Committee Act documents can be obtained from Chuck days from the date of this publication. (Pub. L. 92–463) and 5 U.S.C. Mierzwa, the agency clearance officer ADDRESSES: Send or deliver written 552b(c)(9)(B). These caucuses may, (312–751–3363). comments to: Ellen Tunstall, Assistant depending on the issues involved, Comments regarding the information Director for Employment Policy, U.S. constitute a substantial portion of a collection should be addressed to Office of Personnel Management, 1900 E meeting. Ronald J. Hodapp, Railroad Retirement
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Board, 844 North Rush Street, Chicago, or, for lawyers, a certificate of service. provision, (b) death occurs within one Illinois, 60611–2092 and to the OMB Hearing requests should state the nature year of a purchase payment, or (c) Desk Officer for the RRB, at the Office of the writer’s interest, the reason for the annuitization occurs during the vesting of Management and Budget, Room request, and the issues contested. period applicable to the Credit. 10230, New Executive Office Building, Persons who wish to be notified of a 3. The Insurance Companies now Washington, DC 20503. hearing may request notification by desire to recapture Credit amounts that writing to the Secretary of the SEC. Chuck Mierzwa, differ depending upon the purchase payment amount and the contract Clearance Officer. ADDRESSES: Secretary, SEC, 450 5th Street, NW, Washington, DC 20549– owner’s age when the purchase payment [FR Doc. 02–18231 Filed 7–18–02; 8:45 am] 0609. Applicants, c/o The Prudential is made. Under this new version of the BILLING CODE 7905–01–M Insurance Company of America, 213 Contracts (the ‘‘New Contracts’’), a 4% Washington Street, Newark, NJ 07102– Credit will be applied to purchase 2992, Attn: C. Christopher Sprague, Esq. payments less than $250,000 and a 5% SECURITIES AND EXCHANGE Credit will be applied to purchase COMMISSION FOR FURTHER INFORMATION CONTACT: Joyce M. Pickholz, Senior Counsel, or payments of $250,000 or more if the [Release No. IC–25660; File No. 812–12694] William J. Kotapish, Assistant Director, contract owner is age 80 or younger (for at (202) 942–0670, Office of Insurance jointly-owned contracts, if the older Pruco Life Insurance Company, et al.; Products, Division of Investment owner is 80 or younger) when the Notice of Application Management. purchase payment is made. If the contract owner is age 81 or older (for July 15, 2002. SUPPLEMENTARY INFORMATION: The jointly-owned contracts, if the older AGENCY: Securities and Exchange following is a summary of the owner is 81 or older) when the purchase Commission (‘‘SEC’’ or ‘‘Commission’’). application. The complete application is payment is made, a 3% Credit will be ACTION: Notice of Application for an available for a fee from the SEC’s Public applied regardless of the amount of the amended order under Section 6(c) of the Reference Branch, 450 Fifth Street, NW, purchase payment. Under the New Investment Company Act of 1940 (the Washington, DC 20549–0102 [tel. (202) Contracts, the Credits will generally vest ‘‘1940 Act’’) granting exemptions from 942–8090]. upon the expiration of the free look the provisions of Sections 2(a)(32), Applicants’ Representations period. However, as under the Original 22(c), and 27(i)(2)(A) of the 1940 Act Contracts, if a Credit is applied to a and Rule 22c–1 thereunder. 1. On September 29, 2000, the purchase payment within one year of Commission issued the Existing Order death, any Credit attributable to that Summary of Application: Applicants exempting certain transactions of seek an amendment of an Existing Order purchase payment will be recaptured in Applicants from the provisions of calculating the death benefit payable (described below) to permit the Sections 2(a)(32), 22(c), and 27(i)(2)(A) recapture of Credit amounts that differ under the New Contracts. That is, in of the 1940 Act and Rule 22c–1 calculating the death benefit, the from the Credit amounts contemplated thereunder to permit, under specified by the Existing Order under the contract value will be adjusted to circumstances the recapture of certain recapture any credits paid within one circumstances specified herein. credits applied to purchase payments Applicants: Pruco Life Insurance year of death. made under the Contracts and Future 4. Under the New Contracts, the Company (‘‘Pruco Life’’); Pruco Life Contracts described in the Existing Flexible Premium Variable Annuity 1 Insurance Companies will recapture Order. Credits applied to purchase payments Account (‘‘Pruco Life Account’’); Pruco 2. Pursuant to the Existing Order, the Life Insurance Company of New Jersey under the same circumstances permitted Insurance Companies issued Contracts by the Existing Order, except that there (‘‘Pruco Life of New Jersey,’’ and (the ‘‘Original Contracts’’) that collectively with Pruco Life, the will be no recapture of Credits upon a uniformly applied a 4% Credit to withdrawal or surrender after the free ‘‘Insurance Companies’’); Pruco Life of purchase payments made, regardless of New Jersey Flexible Premium Variable look period has expired, or upon the purchase payment amount or the annuitization. Annuity Account (‘‘Pruco Life of New contract owner’s age. Under this original 5. The New Contracts are Jersey Account,’’ and collectively with version of the Contracts, each Credit is substantially similar in all material Pruco Life Account, the ‘‘Accounts’’); typically subject to its own vesting respects to the Original Contracts and Prudential Investment Management schedule, under which 10% of the covered by the Existing Order except Services LLC (‘‘PIMS,’’ and collectively Credit vests on each of the first six that under the New Contracts: (a) The with the Insurance Companies and the Contract Anniversaries following the Credits are applied as described above, Accounts, ‘‘Applicants’’). purchase payment, and the remaining and vest upon the expiration of the free Filing Date: The application was filed portion of the Credit vests on the look period (except for Credits applied on November 19, 2001, and amended on seventh Contract Anniversary. Under within one year prior to death), (b) the July 3, 2002. some versions of the Original Contracts, Hearing or Notification of Hearing: An withdrawal charge as a percentage of the Credit may vest sooner. If a order granting the application will be purchase payments ranges from 8% withdrawal is made of all or part of a issued unless the SEC orders a hearing. prior to the first Contract Anniversary to purchase payment, the non-vested Interested persons may request a 0% after 7 Contract Anniversaries, and portion of the Credit attributable to that hearing by writing to the SEC’s (c) the asset-based insurance and purchase payment is recaptured. In Secretary and serving Applicants with a administrative expense charges are at addition, the non-vested portion of the copy of the request, personally or by annual rates of 1.50% for the base death Credit is recaptured if: (a) The Contract mail. Hearing requests should be benefit, 1.70% for the guaranteed is canceled under the free look received by the SEC by 5:30 p.m. on minimum death benefit with either August 9, 2002, and should be 1 Investment Company Act Release Nos. 24635 Step-Up or the Roll-Up, and 1.80% for accompanied by proof of service on (September 7, 2000) (notice) and 24670 (September the guaranteed minimum death benefit Applicants, in the form of an affidavit 29, 2000) (order). with the greater of the Step-Up and the
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Roll-Up, assessed pro-rata against the reasons given in support of the Existing effectively to take advantage of business net assets of each sub-account. Order. Credits under the New Contracts opportunities as they arise. 6. Applicants seek an amendment to will be recaptured only if the owner 5. Applicants undertake that Future the Existing Order to permit the exercises his/her free look right or with New Contracts funded by Accounts or recapture of the Credit amounts that regard to Credits applied within one by Future Accounts that seek to rely on will be applied to purchase payments year prior to death. The amounts the order issued pursuant to this made under the New Contracts. The recaptured equal the Credits provided Application will be substantially similar New Contracts include those that exist by each Insurance Company from its to the New Contracts in all material presently, as well as contracts that may own general account assets. When the respects. be issued in the future by the Insurance Insurance Companies recapture any Companies through the Accounts and Credit, they are merely retrieving their Conclusion any other separate account established own assets, and the owner has not been Applicants submit that their request in the future by the Insurance deprived of a proportionate share of the Companies (‘‘Future Accounts’’) that are for an amended order meets the applicable Account’s assets, because his standards set out in Section 6(c) of the substantially similar in all material or her interest in the Credit amount has respects to the existing Contracts 1940 Act and that an amended order not vested. With respect to Credit should, therefore, be granted. (‘‘Future New Contracts’’). Such recaptures upon the exercise of the free- Contracts will be sold by PIMS, the look privilege, it would be unfair to For the Commission, by the Division of principal underwriter of the New allow an owner exercising that privilege Investment Management, pursuant to delegated authority. Contracts, through broker-dealers that to retain a Credit amount under a New are affiliated with the Insurance Contract that has been returned for a Margaret H. McFarland, Companies or NASD-registered broker- refund after a period of only a few days. Deputy Secretary. dealers that are not affiliated with the If the Insurance Companies could not [FR Doc. 02–18253 Filed 7–18–02; 8:45 am] Insurance Companies. Each unaffiliated recapture the Credit, individuals could BILLING CODE 8010–01–P broker-dealer will have entered into a purchase a New Contract with no dealer agreement with PIMS or an intention of retaining it, and simply affiliate of PIMS prior to offering the return it for a quick profit. The owner SECURITIES AND EXCHANGE New Contracts. Applicants also request generally bears the investment risk from COMMISSION that the amended order extend to any the time of purchase until return of the National Association of Securities New Contract, and is entitled to retain [Release No. 34–46196; File No. SR–AMEX– Dealers, Inc. member broker-dealer any investment gain attributable to the 2002–19] controlling, controlled by or under Credit. common control with, the Insurance 3. Applicants submit that the Self-Regulatory Organizations; Notice Companies, whether existing or created provisions for recapture of any Credits of Filing of Proposed Rule Change and in the future, that serves as distributor under the New Contracts do not, and Amendment Nos. 1 and 2 Thereto by or principal underwriter of the New any such Future New Contract the American Stock Exchange LLC Contracts offered through the Accounts provisions will not, violate Section Relating to Performance Evaluation or any Future Account. 2(a)(32), 22(c) and 27(i)(2)(A) of the Procedures for Specialists Trading Applicant’s Legal Analysis 1940 Act, and Rule 22c–1 thereunder, Securities Pursuant to Unlisted Trading Privileges 1. Section 6(c) of the 1940 Act and that the relief requested is authorizes the Commission to exempt consistent with the exemptive relief July 12, 2002. any person, security or transaction, or provided under the Existing Order. Pursuant to section 19(b)(1) of the any class or classes of persons, 4. Applicants submit that their Securities Exchange Act of 1934 securities or transactions, from the request for an amended order that (‘‘Act’’),1 and Rule 19b–4 thereunder,2 provisions of the 1940 Act and the rules applies to any Account or any Future notice is hereby given that on March 14, promulgated thereunder if and to the Account established by an Insurance 2002, the American Stock Exchange LLC extent that such exemption is necessary Company in connection with the (‘‘Amex’’ or ‘‘Exchange’’) filed with the or appropriate in the public interest and issuance of New Contracts and Future Securities and Exchange Commission consistent with the protection of New Contracts that are substantially (‘‘Commission’’) the proposed rule investors and the purposes fairly similar to the New Contracts described change as described in Items I, II, and intended by the policy and provisions of herein in all material respects, and III below, which Items have been the 1940 Act. Applicants request that underwritten or distributed by PIMS, is prepared by the Exchange. The the Commission, pursuant to Section appropriate in the public interest. Such Exchange filed Amendment No. 1 to its 6(c) of the 1940 Act, amend the Existing an order would promote proposal on May 6, 20023 and Order to the extent necessary to permit competitiveness in the variable annuity Amendment No. 2 to its proposal on the recapture of the Credit amounts market by eliminating the need to file May 28, 2002.4 The Commission is described above under New Contracts. redundant exemptive applications, publishing this notice to solicit Applicants believe that the requested thereby reducing administrative exemptions are appropriate in the expenses and maximizing the efficient use of Applicants’ resources. Investors 1 15 U.S.C. 78s(b)(1). public interest and consistent with the 2 protection of investors and the purposes would not receive any benefit or 17 CFR 240.19b–4. 3 See letter from Geraldine Brindisi, Vice fairly intended by the policy and additional protection by requiring President and Corporate Secretary, Amex, to Nancy provisions of the 1940 Act. Applicants to repeatedly seek exemptive J. Sanow, Assistant Director, Division of Market 2. Applicants submit that the relief that would present no issue under Regulation (‘‘Division’’), Commission, dated May 3, recapture of Credits will not raise the 1940 Act that has not already been 2002 (‘‘Amendment No. 1’’). 4 See letter from Geraldine Brindisi, Vice concerns under Sections 2(a)(32), 22(c) addressed in this Application. Having President and Corporate Secretary, Amex, to Nancy and 27(i)(2)(A) of the 1940 Act, and Applicants file additional applications J. Sanow, Assistant Director, Division, Commission, Rule 22c–1 thereunder for the same would impair Applicants’ ability dated May 24, 2002 (‘‘Amendment No. 2’’).
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comments on the proposed rule change, the Exchange as a marketplace. The Quality Committee. A failure to meet as amended, from interested persons. Market Quality Committee may consider minimum standards relating to: (1) any relevant information, including but quality of markets, (2) competition with I. Self-Regulatory Organization’s not limited to trading data, order flow other market centers, (3) administrative Statement of the Terms of Substance of statistics, market quality statistics, and matters, or (4) willingness to promote the Proposed Rule Change such other factors and data pertaining the Exchange as a marketplace may The Amex proposes to adopt Amex to both the Amex and other market form the basis for remedial action by the Rule 29, Market Quality Committee, to centers as may be relevant in the Market Quality Committee against a codify the Exchanges’s performance circumstances. The Market Quality UTP Specialist. Any UTP Specialist evaluation procedures for securities Committee may take one or more of the affected by a decision of the Market admitted to dealings on an unlisted following actions if it finds that the Quality Committee shall be informed in trading privileges (‘‘UTP’’) basis. The performance of the UTP Specialist is writing of the decision, which decision text of the proposed rule change is inadequate relative to one or more of the shall include the findings, conclusions, below. Proposed new language is in above factors: (1) send advisory letters, and any remedial action to be taken italics.5 (2) counsel UTP Specialists on how to (hereinafter ‘‘written notification’’). * * * * * improve their market quality, (3) require (e) If, after receiving the notice of a UTP Specialists to adopt a performance meeting, a UTP Specialist refuses or Market Quality Committee improvement plan, (4) require the otherwise fails without reasonable Rule 29. (a) The Market Quality reallocation of securities, (5) suspend a justification or excuse to meet with the Committee shall consist of seven UTP Specialist’s registration as a Market Quality Committee, the Market persons comprised as follows: the Chief specialist for a specific period of time, Quality Committee may take such Executive Officer of the Exchange (or his or (6) prohibit a UTP Specialist from action as it believes appropriate. or her designee), three members of the receiving allocations in a particular (f) A UTP Specialist aggrieved by a Exchange’s senior management selected situation or for a specified period of decision of the Market Quality by the Chief Executive Officer, one time. Committee may appeal such decision to representative of upstairs member firms, (c) The Market Quality Committee the Amex Adjudicatory Council. An one representative of institutional shall review, and approve, disapprove application for review must be investors, and one member who spends or conditionally approve, mergers and submitted to the Secretary of the a substantial portion of his or her time acquisitions of UTP Specialists, Exchange within five business days of on the Trading Floor. The minimum transfers of one or more UTP Specialist receipt of the written notification. The quorum for the transaction of business registrations, UTP Specialist joint decision of the Market Quality by the Market Quality Committee shall accounts, and changes in control or Committee is stayed upon the filing of be four persons. The Chief Executive composition of UTP Specialist firms. a timely application for review. Any Officer shall chair meetings of the The Market Quality Committee shall written statement and documents in Market Quality Committee. The Chief approve a proposed transaction support of an appeal to the Executive Officer may designate a involving a UTP Specialist unless it Adjudicatory Council must be submitted member of the Market Quality determines that a countervailing to the Secretary of the Exchange within Committee to chair meetings in the institutional interest indicates that the 25 calendar days of receipt of the Chief Executive Officer’s absence. The transaction should be disapproved or written notification. The Market Quality chairman of the Market Quality conditionally approved. In determining Committee shall have 20 calendar days Committee shall not vote except to make whether there is a countervailing from receipt by the Secretary of the or break a tie. Persons on the Market institutional interest, the Market Quality Exchange of the statement in support of Quality Committee may attend meetings Committee shall consider the the appeal to submit a rebuttal by telephone. maintenance or enhancement of the statement together with supporting (b) The Market Quality Committee quality of the Exchange’s market, taking documents. The Adjudicatory Council shall evaluate the performance of into account the criteria that the UTP may (1) limit its review of the appeal to specialists registered in securities Allocations Committee may consider in the record created by the Market Quality admitted to dealings on an unlisted making an initial allocation Committee together with the written basis (‘‘UTP Specialists’’) with respect determination and other considerations statements and supporting documents to, among other things: (1) quality of as may be relevant in the particular submitted by the appellant and markets, (2) competition with other circumstances. Committee in connection with the market centers, (3) administrative (d) The Market Quality Committee appeal, (2) consider additional matters, and (4) willingness to promote may meet with a UTP Specialist that information that was not included in the may have failed to meet minimum record, or (3) hear the matter ‘‘de novo,’’ 5 The Exchange requested that the Commission performance standards with respect to as the Council determines is appropriate correct a typographical error in Commentary .04 of UTP Securities. In such an event, the to render a fair decision on the appeal. the proposed rule language. Telephone discussion UTP Specialist shall be notified in A verbatim record of the Adjudicatory between Bill Floyd-Jones, Assistant General writing of the grounds to be considered Council proceeding shall be kept and a Counsel, Amex, and Marc F. McKayle, Special Counsel, and Christopher B. Stone, Attorney by the Market Quality Committee and written decision of the Amex Advisor, Division, Commission (June 14, afforded an opportunity to make a Adjudicatory Council shall be rendered 2002)(‘‘Telephone Conference’’). The Exchange also presentation of relevant information. as soon as reasonably possible after the requested that the Commission correct an errant Such UTP Specialist shall be given hearing. The decision of the Amex reference to ‘‘Market Performance Committee’’ in paragraph (c) of the proposed rule language below. access to all written material to be Adjudicatory Council shall constitute Telephone discussion between Bill Floyd-Jones, reviewed by the Market Quality final action by the Exchange. Assistant General Counsel, Amex, and Christopher Committee, and all persons appearing * * ;* Commentary B. Stone, Attorney Advisor, Division, Commission before the Market Quality Committee .01 Willingness to Promote the (June 19, 2002). The Exchange has committed to submitting a conforming amendment reflecting may be represented by counsel. Exchange as a Market Place. Willingness these changes during the comment period for the However, formal rules of evidence shall to promote the Exchange as a market rule filing. not apply in meetings of the Market place includes providing financial and
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other support for the Exchange’s UTP Specialist has not achieved the discretion and judgment of the Market program to trade securities on an specified goals. Quality Committee. unlisted basis, contributing to the .03 Performance Ratings for UTP The Market Quality Committee shall Exchange’s marketing effort, Specialists. As soon as possible consider UTP Specialist performance consistently applying for allocations, following the completion of a calendar ratings in determining whether to assisting in meeting and educating quarter, the Exchange shall rate each approve, disapprove or conditionally market participants (and taking time for UTP Specialist from ‘‘1’’ through ‘‘5’’ approve, mergers and acquisitions of (with ‘‘1’’ representing the best possible travel related thereto), maintaining UTP Specialists, transfers of one or rating) based upon their market quality communications with member firms in more UTP Specialist registrations, UTP relative to criteria such as the following: order to be responsive to suggestions Specialist joint accounts, and changes • Net price improvement and complaints, responding to in control or composition of UTP • Effective spread competition by offering competitive Specialist firms. markets and competitively priced • Quote size services, and other like activities. • Execution speed .04 Market Share Evaluation for • UTP Specialists. The Exchange shall .02 Performance Improvement Percentage of marketable customer orders sent away to another market for regularly evaluate the market share of Plans. The Market Quality Committee execution UTP Specialists with respect to share may require a UTP Specialist to develop • Floor Broker Questionnaire volume and shall inform UTP a performance improvement plan when rankings specialists of their market share. The it determines that the UTP Specialist The Exchange will allocate weightings Exchange shall establish minimum has fallen below acceptable measures of to these criteria and will notify UTP market share criteria from time to time performance for UTP Securities relative Specialists of these relative weightings based upon market conditions, and may to its peers or other market centers with prior to their implementation. The establish different criteria for securities respect to (1) quality of markets, (2) Exchange may change the criteria used with different trading characteristics competition with other market centers, to evaluate UTP Specialists and the (e.g., average daily volumes, number of (3) administrative matters, or (4) weighting assigned to each criterion competing market makers). The willingness to promote the Exchange as from time to time as warranted by Exchange shall notify UTP specialists of a marketplace. If the Market Quality market conditions in order to enhance any change in minimum market share Committee determines that a the Exchange’s competitiveness relative criteria in advance of the period in performance improvement plan should to other markets and/or to improve be developed, it shall advise the UTP which the change will be implemented. market quality. The Exchange will notify UTP Specialists that fall below the Specialist in writing of its findings, the UTP Specialists of any change in the specific areas where the Market Quality minimum market share criteria criteria or weightings of criteria in established by the Exchange in one or Committee believes that improvement is advance of the calendar quarter in required, and measurable goals that the more UTP securities shall be referred to which the change will be implemented. the Market Quality Committee for Market Quality Committee believes the The Exchange also will notify UTP UTP Specialist should achieve. The consideration of reallocation or other Specialists of their ratings. appropriate remedial action. UTP Specialist will prepare within the A UTP Specialist unit that receives a time required by the Market Quality ‘‘5’’ rating in any two of four The Market Quality Committee is not Committee a written performance consecutive quarters shall be referred to precluded from reallocating one or more improvement plan detailing the specific, the Market Quality Committee for securities or taking other remedial tangible steps that it will take to consideration of possible reallocation of action based on a single instance of improve its performance and meet any one or more securities admitted to deficient performance or a single goals established by the Market Quality dealings on an unlisted basis or other quarter of poor ratings. Conversely, the Committee and the time for the appropriate remedial action. A UTP Market Quality Committee is not completion of the plan. The Market Specialist that receives ratings of ‘‘4’’ or required to take such actions. The Quality Committee may accept the plan ‘‘5’’ in any three of six consecutive nature of the appropriate remedial as submitted or may make such quarters shall be referred to the Market actions is necessarily a matter of modifications as it deems appropriate Quality Committee for consideration of professional judgment, dependent on which modifications shall be binding possible reallocation of one or more such matters as the security being upon the UTP Specialist. The Market securities admitted to dealings on an traded, competition on other markets Quality Committee, or persons unlisted basis or other appropriate centers, personnel and systems changes, appointed by it for the purpose, shall remedial action. The Market Quality and other factors. Accordingly, such monitor the implementation of the Committee is not precluded from determinations are left to the expertise, performance improvement plan by the reallocating one or more securities or discretion and judgment of the Market UTP Specialist. If the UTP Specialist taking other remedial action based on a Quality Committee. has not achieved the goals set by the single instance of deficient performance The Market Quality Committee shall Market Quality Committee within the or a single quarter of poor ratings. required time, the Market Quality Conversely, the Market Quality consider UTP Specialist market share Committee may grant for good cause Committee is not required to take such performance in determining whether to shown one extension not to exceed 90 actions. The nature of the appropriate approve, disapprove or conditionally days to achieve the goals. The Market remedial actions is necessarily subject approve, mergers and acquisitions of Quality Committee may not grant more to professional judgment, dependent on UTP Specialists, transfers of one or than one extension. The Market Quality such matters as the security being more UTP Specialist registrations, UTP Committee shall take stronger remedial traded, competition on other markets Specialist joint accounts, and changes action against the UTP Specialist if, at centers, personnel and systems changes, in control or composition of UTP the end of the time of the performance and other factors. Accordingly, such Specialist firms. improvement plan or any extension, the determinations are left to the expertise, * * * * *
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II. Self-Regulatory Organization’s by the Chief Executive Officer, one represent the best possible score. A UTP Statement of the Purpose of, and representative of upstairs member firms, Specialist unit that receives a ‘‘5’’ rating Statutory Basis for, the Proposed Rule one representative of institutional in any two of four consecutive quarters, Change investors, and one member who spends or ratings of ‘‘4’’ or ‘‘5’’ in any three of In its filing with the Commission, the a substantial portion of his or her time six consecutive quarters, would be Exchange included statements on the Trading Floor. The Committee referred to the Market Quality concerning the purpose of and basis for would regularly evaluate UTP Committee for consideration of the proposed rule change and discussed Specialists to determine whether they reallocation or other appropriate any comments it received on the have fulfilled standards relating to: (1) remedial action. proposed rule change. The text of these Quality of markets, (2) competition with The Exchange proposes to change the statements may be examined at the other market centers, (3) administrative market quality criteria used to evaluate places specified in Item IV below. The matters, and (4) willingness to promote specialists and the weightings of these Exchange has prepared summaries, set the Exchange as a marketplace. The criteria from time to time as warranted forth in Sections A, B, and C below, of Committee also would review transfers by market conditions. The Exchange the most significant aspects of such of specialist registrations in UTP proposes to notify UTP Specialists of statements. securities to ensure that the Exchange’s any changes to the criteria and institutional interests are protected. weightings prior to implementation.9 A. Self-Regulatory Organization’s As proposed, the Market Quality The Exchange proposes the following Statement of the Purpose of, and Committee could take one or more of market quality criteria at the outset of Statutory Basis for, the Proposed Rule the following actions if it finds that a the program to evaluate UTP Specialist Change UTP Specialist has not met relevant performance: 1. Purpose standards: (1) Send an advisory letter, • Net price improvement (2) counsel UTP Specialists on how to • The Exchange anticipates that Amex Effective spread improve their performance, (3) require • UTP Specialists will operate in an Quote size UTP Specialists to adopt performance • extraordinarily competitive Execution speed improvement plans, (4) require the • environment. The Exchange, Percentage of marketable customer reallocation of securities, (5) suspend a accordingly, has developed a new orders sent away to another market for specialist’s registration as a UTP execution program to evaluate and remediate UTP • Specialist performance. The ultimate Specialist for a specific period of time, Floor Broker Questionnaire goal of the performance evaluation or (6) prohibit a UTP Specialist from rankings process would be to ensure that the receiving allocations in a particular With respect to market share reviews, Exchange is as successful as possible in situation or for a specified period of the Exchange proposes to establish garnering market share in UTP time. In the event that a UTP Specialist minimum market share criteria for UTP securities.6 refuses or otherwise fails without securities based upon market Under the proposal, a new committee, reasonable justification or excuse to conditions, and may establish different the Market Quality Committee, would meet with the Market Quality criteria for securities with different administer the Exchange’s program to Committee, the Market Quality trading characteristics (e.g., average evaluate and enhance UTP Specialist Committee could take such action as it daily volumes or numbers of competing performance. The Committee is believes appropriate based on the market makers). Specialists that fall proposed to consist of seven persons: information available to it without below the minimum market share the Chief Executive Officer of the waiting for an appearance by the UTP criteria established by the Exchange in Exchange, three members of the Specialist.7 Persons that are aggrieved one or more UTP securities would be Exchange’s senior management selected by decisions of the Market Quality referred to the Market Quality Committee may appeal them to the Committee for consideration of 6 According to Amex, the Commission, in its Amex Adjudicatory Council. reallocation or other appropriate decision In the Matter of the Application of Pacific Under the proposal, the Committee remedial action. Stock Exchange’s Options Floor Post X–17, could take remedial action with respect The Exchange proposes to change the Administrative Proceeding File No. 3–7285, Exchange Act Release No. 31666 (December 29, to UTP Specialists as a result of one or minimum market share criteria used to 1992), determined that performance evaluation more transactions that involve poor evaluate UTP Specialists from time to processes fulfill a combination of business and performance that are identified through time as warranted by market conditions. regulatory interests at exchanges. The Commission Amex surveillance or complaints. The The Exchange would notify UTP stated in the Post X–17 case: We believe that [a self- regulatory organization’s (‘‘SRO’s’’)] need to Exchange also proposes to evaluate Specialists of any changes to the market evaluate market maker and specialist performance routinely UTP Specialist performance share criteria prior to implementation. arises from both business and regulatory interests relative to both market quality and The Exchange also would notify UTP in ensuring adequate market making performance market share criteria. by its market makers and specialists that are Specialists of their market share. distinct from the SRO’s enforcement interests in Each quarter, the Exchange proposes As proposed, the market share disciplining members who violate SRO or to rate all UTP Specialists from ‘‘1’’ to evaluation program would be separate Commission Rules. An exchange has an obligation ‘‘5’’ on a curve based upon their scores from the performance ratings system to ensure that its market makers or specialists are with respect to the market quality described above. Thus, for example, a contributing to the maintenance of fair and orderly 8 markets in its securities. In addition, an exchange criteria. A rating of ‘‘1’’ would has an interest in ensuring that the services would reflect the performance of specialists relative provided by its members attract buyers and sellers 7 The Exchange clarified that the reference to to one another rather than theoretical performance to the exchange. To effectuate both purposes, an ‘‘such action as the Market Quality Committee levels. Telephone Conference. SRO needs to be able to evaluate the performance believes appropriate’’ and corresponding language 9 The Exchange represented to the Commission of its market makers or specialists and transfer in the proposed rule text (Rule 29(e)) is not meant that notification of any criteria or weighting securities from poor performing units to the better to expand the remedial power of the Market Quality changes generally will take place within a month performing units. This type of action is very Committee otherwise provided for in the proposed before the implementation of such changes. different from a disciplinary proceeding where a Amex Rule 29(b). Telephone Conference. Moreover, criteria and weightings changes would sanction is meted out to remedy a specific rule 8 The Exchange explained that UTP specialists only be implemented at the beginning of a rating violation. (Footnotes omitted.) would be rated on a curve and, thus, such ratings quarter. Telephone Conference.
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UTP Specialist with performance ratings B. Self-Regulatory Organization’s amendments, all written statements that would not trigger remedial action Statement on Burden on Competition with respect to the proposed rule could be referred to the Market Quality The Exchange believes that the change that are filed with the Committee for consideration of proposed rule change will impose no Commission, and all written reallocation or other action based upon burden on competition; rather, it communications relating to the sub-standard market share in one or believes that the proposed rule will proposed rule change between the more UTP securities. enhance and encourage competition Commission and any person, other than As noted above, under the UTP both within the Exchange, and, more those that may be withheld from the Specialist evaluation procedures, significantly, between and among the public in accordance with the performance reviews can result from: (1) Exchange and other markets by provisions of 5 U.S.C. 552, will be Complaints or surveillance reviews, (2) establishing incentives for superior available for inspection and copying in the Commission’s Public Reference low scores under the UTP Specialist performance and thereby ensuring the Room. Copies of such filing will also be market quality ratings systems, or (3) maintenance of quality markets at the available for inspection and copying at low market share in one or more UTP Exchange. In this respect, the Exchange the principal office of the Exchange. All securities. As proposed, a performance believes that it is critical to recognize that the most important level of submissions should refer to File No. review could result in a variety of competition occurs not among SR–AMEX–2002–19 and should be possible actions, ranging from specialists of the same exchange to submitted by August 9, 2002. recommendations for performance obtain a particular listing (although this, For the Commission, by the Division of improvement, a determination not to too, is important), but rather among permit a firm to seek new allocations, to Market Regulation, pursuant to delegated specialists of different exchanges authority.13 a reallocation of one or more UTP trading in the same security and actively Margaret H. McFarland, securities from a UTP Specialist. The competing for the business of the Committee would not be precluded investing public. The Exchange believes Deputy Secretary. from reallocating UTP securities based that the procedures as set forth in the [FR Doc. 02–18252 Filed 7–18–02; 8:45 am] on a single instance of deficient proposed rule change for reviewing the BILLING CODE 8010–01–P performance or a single quarter of poor performance of specialists and taking ratings or low market share. Conversely, remedial action, are necessary to ensure the Committee would not be required to quality markets and thereby attract SECURITIES AND EXCHANGE take such actions. Rather, the purpose of buyers and sellers to the Exchange. COMMISSION the rules and processes is to identify C. Self-Regulatory Organization’s circumstances that warrant review by [Release No. 34–46198; File No. SR–Amex– the Market Quality Committee. The Statement on Comments on the Proposed Rule Change Received From 2002–08] nature of the appropriate remedial Members, Participants or Others actions is necessarily subject to Self-Regulatory Organizations; Notice professional judgment, dependent on The Exchange has neither solicited of Withdrawal of Proposed Rule such matters as the UTP securities being nor received written comments on the Change and Amendment Nos. 1, 2, and traded, competition on other market proposed rule change. 3 Thereto by the American Stock centers, personnel, and systems III. Date of Effectiveness of the Exchange LLC Relating to Specialist changes, and other factors.10 Proposed Rule Change and Timing for Unit Fees Accordingly, such determinations are Commission Action July 12, 2002. left to the expertise, discretion, and Within 35 days of the date of judgment of the Market Quality publication of this notice in the Federal On February 7, 2002, the American Committee. Register or within such longer period (i) Stock Exchange LLC (‘‘Exchange’’ or ‘‘Amex’’) submitted to the Securities 2. Statutory Basis as the Commission may designate up to 90 days of such date if it finds such and Exchange Commission The Exchange believes that the longer period to be appropriate and (‘‘Commission’’) a proposed rule proposed rule change is consistent with publishes its reasons for so finding or change, pursuant to Section 19(b)(1) of the provisions of section 6(b) of the (ii) as to which the Exchange consents, the Securities Exchange Act of 1934 1 2 Act,11 in general, and section 6(b)(5) of the Commission will: (‘‘Act’’), and Rule 19b–4 thereunder, the Act,12 in particular, which requires, (A) By order approve such proposed to modify its Member Fee Schedule to among other things, that the rules of an rule change, or pass through to Amex specialist units exchange be designed to promote just (B) Institute proceedings to determine any fee paid by the Exchange to a third and equitable principles of trade, and, whether the proposed rule change party in connection with the listing and in general, to protect investors and the should be disapproved. trading of a security allocated to such specialist unit. On March 13, 2002, the public interest by encouraging good IV. Solicitation of Comments Amex submitted Amendment No. 1 to performance and competition among Interested persons are invited to the proposed rule change.3 On March markets and specialists. submit written data, views, and 18, 2002, the Amex submitted arguments concerning the foregoing, Amendment No. 2 to the proposed rule 10 The phrase ‘‘necessarily a subjective matter’’ has been replaced with ‘‘necessarily subject to including whether the proposed rule professional judgment’’ in both the purpose section change is consistent with the Act. 13 17 CFR 200.30–3(a)(12). and the proposed rule text in Commentary .03. As Persons making written submissions 1 15 U.S.C. 78s(b)(1). noted above, the Exchange has committed to should file six copies thereof with the 2 17 CFR 240.19b–4. submitting a conforming amendment during the Secretary, Securities and Exchange 3 See letter from Geraldine Brindisi, Vice comment period of the rule filing. Telephone President and Corporate Secretary, Amex, to Nancy Conference. Commission, 450 Fifth Street, NW, J. Sanow, Assistant Director, Division of Market 11 15 U.S.C. 78f(b). Washington, DC 20549–0609. Copies of Regulation (‘‘Division’’), Commission, dated March 12 15 U.S.C. 78f(b)(5). the submission, all subsequent 12, 2002.
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change.4 The proposed rule change, as solicit comments on the proposed rule every effort possible to become the amended by Amendment Nos. 1 and 2, change from interested persons. exchange of choice in a particular was published in the Federal Register option class, as measured during the I. Self-Regulatory Organization’s on April 17, 2002.5 The Commission initial months of trading by consistently Statement of the Terms of Substance of received one comment on the proposed achieving a certain market share if the the Proposed Rule Change rule change.6 On May 16, 2002, the class is listed on more than one options Amex filed Amendment No. 3 to the The CBOE proposes to amend CBOE exchange. CBOE Rule 8.95(c) permits proposed rule change.7 The proposed Rule 8.95 (‘‘Allocation of Securities and the appropriate Allocation Committee to rule change, as amended by Location of Trading Crowds and remove an allocation if these Amendment No. 3, was published in the DPMs’’) to extend, from six months to commitments are not met, thus giving Federal Register on May 30, 2002.8 On one year, the time in which the trading crowds and DPMs an incentive July 12, 2002, the Exchange withdrew appropriate Allocation Committee may to abide by these commitments. the proposed rule change.9 reallocate a security if the trading crowd CBOE believes that extending the For the Commission, by the Division of or Designated Primary Market-Maker initial review period from six months to Market Regulation, pursuant to delegated (‘‘DPM’’) to which the security had been one year is appropriate because it will authority.10 allocated fails to adhere to any market provide the appropriate Allocation Margaret H. McFarland, performance commitments made by the Committee additional time to evaluate Deputy Secretary. trading crowd or DPM in connection whether a particular DPM or trading with receiving the allocation. The text of crowd has adhered to any market [FR Doc. 02–18243 Filed 7–18–02; 8:45 am] the proposed rule change is available at performance commitments it made in BILLING CODE 8010–01–P the CBOE and at the Commission. connection with being allocated the security. II. Self-Regulatory Organization’s Following this initial review period SECURITIES AND EXCHANGE Statement of the Purpose of, and after an allocation is made, CBOE notes COMMISSION Statutory Basis for, the Proposed Rule that all the responsibility for monitoring Change market performance with respect to that [Release No. 34–46183; File No. SR–CBOE– In its filing with the Commission, the security is vested in the appropriate 2002–32] CBOE included statements concerning Market Performance Committee or MTS Self-Regulatory Organizations; Notice the purpose of, and basis for, the Appointments Committee, which of Filing of a Proposed Rule Change by proposed rule change and discussed any continually evaluate trading crowd and the Chicago Board Options Exchange, comments it received on the proposed DPM market performance, as applicable, Inc. Relating to the Time and Manner rule change. The text of these statements and are authorized pursuant to CBOE in Which the Appropriate Allocation may be examined at the places specified Rule 8.60, CBOE Rule 8.90, and other Committee May Reallocate a Security in Item IV below. The CBOE has Exchange Rules to take remedial action prepared summaries, set forth in for failure to satisfy minimum market July 11, 2002. Sections A, B and C below, of the most performance standards. significant aspects of such statements. Pursuant to section 19(b)(1) of the 2. Statutory Basis Securities Exchange Act of 1934 A. Self-Regulatory Organization’s (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 The Exchange believes that the Statement of the Purpose of, and proposed rule change is consistent with notice is hereby given that on June 11, Statutory Basis for, the Proposed Rule 2002, the Chicago Board Options and furthers the objectives of section Change 3 Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) 6(b)(5) of the Act in that it is designed filed with the Securities and Exchange 1. Purpose to remove impediments to a free and open market and protecting investors Commission (‘‘Commission’’) the CBOE Rule 8.95(c) currently provides and the public interest. proposed rule change as described in that during the first six months Items I, II and III below, which Items following the allocation of a security to B. Self-Regulatory Organization’s have been prepared by the CBOE. The a trading crowd or DPM, the appropriate Statement on Burden on Competition Commission is publishing this notice to Allocation Committee may remove the CBOE does not believe that the allocation and reallocate the security, if proposed rule change will impose any 4 See letter from Claire McGrath, Amex, to Nancy the trading crowd or DPM fails to burden on competition not necessary or J. Sanow, Assistant Director, Division, Commission, adhere to any market performance appropriate in furtherance of the dated March 14, 2002. commitments made by the trading 5 See Exchange Act Release No. 45727 (April 10, purposes of the Act. 2002), 67 FR 18962. crowd or DPM in connection with 6 See letter from Brandon Becker, Wilmer, Cutler receiving the allocation. CBOE now C. Self-Regulatory Organization’s & Pickering, to Jonathan G. Katz, Secretary, proposes to amend CBOE Rule 8.95(c) to Statement on Comments on the Commission, dated May 2, 2002. extend the initial review period from six Proposed Rule Change Received From 7 See letter from Geraldine Brindisi, Vice months to one year under which the Members, Participants or Others President and Corporate Secretary, Amex, to Nancy J. Sanow, Assistant Director, Division, Commission, appropriate Allocation Committee may No written comments were solicited dated May 16, 2002. exercise this authority. or received with respect to the proposed 8 See Exchange Act Release No. 45972 (May 21, According to CBOE, the appropriate rule change. 2002), 67 FR 18962. Allocation Committee typically requests 9 See Letter from, Geraldine Brindisi, Vice that trading crowds and DPMs make III. Date of Effectiveness of the President and Corporate Secretary, Associate Proposed Rule Change and Timing for General Counsel, Amex, to Nancy Sanow, Assistant market performance commitments as Director, Division, Commission, dated July 12, part of their applications to receive Commission Action 2002. allocations of particular securities. Within 35 days of the publication of 10 17 CFR 200.30–3(a)(12). These commitments may relate to this notice in the Federal Register or 1 15 U.S.C. 78s(b)(1). pledges to keep bid-ask spreads within 2 17 CFR 240.19b–4. a particular width, or pledges to make 3 15 U.S.C. 78f(b)(5).
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within such longer period (i) as the (‘‘CBOE’’ or ‘‘Exchange’’) filed with the The Commission finds that the Commission may designate up to 90 Securities and Exchange Commission proposed rule change is consistent with days of such date if it finds such longer (‘‘Commission’’), pursuant to Section the requirements of the Act and the period to be appropriate and publishes 19(b)(1) of the Securities Exchange Act rules and regulations thereunder its reasons for so finding or (ii) as to of 1934 (‘‘Act’’) 1 and Rule 19b–4 applicable to a national securities which the Exchange consents, the thereunder,2 a proposed rule change to exchange 7 and, in particular, the Commission will: establish the Large Order Utility requirements of Section 6 of the Act 8 (A) By order approve such proposed (‘‘LOU’’). Through LOU, eligible and the rules and regulations rule change, or customer orders larger than CBOE’s thereunder. The Commission finds (B) Institute proceedings to determine maximum ‘‘auto-ex’’ size for the specifically that the proposed rule whether the proposed rule change relevant option would be stopped at the change is consistent with Section 6(b)(5) should be disapproved. Exchange’s disseminated price up to the 9 size of the Exchange’s disseminated of the Act because, by automatically IV. Solicitation of Comments quote, and subsequently routed to the securing the Exchange’s disseminated Interested persons are invited to trading crowd for possible price prices for customer orders up to the submit written data, views and improvement and allocation in open- disseminated size of the Exchange, arguments concerning the foregoing, outcry.3 Thus, LOU would allow for while allowing for potential price including whether the proposed rule price-improvement while guaranteeing improvement for those orders, it should change is consistent with the Act. an execution at a price equal to or better benefit customers and improve the Persons making written submissions than the stop price. If price overall efficiency of the market. In should file six copies thereof with the improvement was not attainable in the addition, the Commission finds that the Secretary, Securities and Exchange open-outcry, the order would be manner of allocating contracts in the Commission, 450 Fifth Street, NW., allocated at the stop price among the crowd under the proposed rule change Washington, DC 20549–0609. Copies of members of the trading crowd under is consistent with equitable principles. 4 the submission, all subsequent specified procedures. The Commission finds good cause, amendments, all written statements The proposed rule change was consistent with Section 19(b)(2) of the with respect to the proposed rule published for comment in the Federal Act, to approve the proposed rule change that are filed with the Register on June 19, 2002.5 The Commission, and all written Commission received no comments on change prior to the thirtieth day after communications relating to the the proposal. On July10, 2002, the CBOE the date of publication of the notice of proposed rule change between the filed Amendment No. 1 to the proposed filing thereof in the Federal Register. Commission and any person, other than rule change, in which it requested that The Commission notes that the CBOE those that may be withheld from the the Commission find good cause to has represented that all required public in accordance with the approve the proposed rule change prior systems work for LOU has been provisions of 5 U.S.C. 552, will be to the thirtieth day after its publication completed and successfully tested, and available for inspection and copying in in the Federal Register.6 that the CBOE is prepared to begin the Commission’s Public Reference utilizing the system within a week of Room. Copies of such filing will also be 1 15 U.S.C. 78s(b)(1). approval by the Commission.10 The available for inspection and copying at 2 17 CFR 240.19b–4. Commission believes that accelerated 3 To be eligible for LOU, an incoming order the principal office of the Exchange. would be required to: (i) be a market order or approval of this proposal should permit All submissions should refer to File marketable limit order that is not for an account in the CBOE to immediately begin No. SR–CBOE–2002–32 and should be which a member or any non-member broker-dealer providing customers with the benefits submitted by August 9, 2002. (including foreign broker-dealer) has an interest; (ii) be of a size greater than the eligibility limit of described above, and serve to enhance competition among the markets. For the Commission, by the Division of CBOE’s Retail Automatic Execution System (‘‘RAES’’) for the subject option series; (iii) be in an Market Regulation, pursuant to the delegated option class which is designated by the appropriate It is therefore ordered, pursuant to 4 authority. Floor Procedure Committee as eligible for LOU; and section 19(b)(2) of the Act11, that the Margaret H. McFarland, (iv) not be an order routed to CBOE through proposed rule change (File No. SR– intermarket linkage. Further, at the time of the CBOE–2002–31) be, and it hereby is, Deputy Secretary. order’s receipt, (i) the CBOE quote would be [FR Doc. 02–18220 Filed 7–18–02; 8:45 am] required to be priced equal to the National Best Bid approved. BILLING CODE 8010–01–P or Offer; (ii) the requirements of CBOE Rule 6.8.B (governing automated book priority for larger than For the Commission, by the Division of RAES-size public customer orders received through Market Regulation, pursuant to delegated the Exchange’s Order Routing System) would have authority.12 SECURITIES AND EXCHANGE to be in effect for the subject option class; and (iii) Margaret H. McFarland, COMMISSION the CBOE quote could not be a manual quote. 4 The order would be assigned in a manner Deputy Secretary. [Release No. 34–46185; File No. SR–CBOE– consistent with existing open-outcry procedures [FR Doc. 02–18224 Filed 7–18–02; 8:45 am] 2002–31] under CBOE Rules 6.45 and 8.87. To the extent any order is not fully assigned in open-outcry, an ‘‘In- BILLING CODE 8010–01–P Person Wheel’’ would evenly assign contracts to Self-Regulatory Organizations; Commission, dated July 9, 2002 (Amendment No. Chicago Board Options Exchange, market-makers present in the crowd up to a 5- contract maximum per order. If the In-Person Wheel 1). Inc.; Order Approving Proposed Rule has been exhausted for a particular LOU order and 7 In approving this proposed rule change, the Change Relating to Handling of a balance still remains on the LOU order, the Commission notes that it has considered the Customer Orders entirety of such balance would be assigned in proposed rule’s impact on efficiency, competition, accordance with the RAES trade allocation and capital formation. 15 U.S.C. 78c(f). July 11, 2002 methodology in effect for the subject option class. 8 15 U.S.C. 78f. 5 See Securities Exchange Act Release No. 46073 On June 10, 2002, the Chicago Board 9 15 U.S.C. 78f(b)(5). (June 13, 2002), 67 FR 41743. 10 Options Exchange, Incorporated 6 See Letter from Angelo Evangelou, Senior See Amendment No. 1, supra note 6. Attorney, Legal Division, CBOE, to Ira Brandriss, 11 15 U.S.C. 78s(b)(2). 4 17 CFR 200.30–3(a)(12). Special Counsel, Division of Market Regulation, 12 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE the ISE’s limit order book to be C. Self-Regulatory Organization’s COMMISSION displayed in the same manner as Statement on Comments on the customer orders, ISE member Proposed Rule Change Received From [Release No. 34–46197; File No. SR–ISE– 2002–13] proprietary orders, and ISE market Members, Participants or Others maker quotes. Once on the ISE’s limit The ISE has not solicited, and does Self-Regulatory Organizations; Notice order book, orders for the accounts of not intend to solicit, comments on this of Filing of Proposed Rule Change by such non-ISE options market makers are proposed rule change. The ISE has not International Securities Exchange, Inc., given equal allocation rights as other received any unsolicited written Relating to Limit Orders for the proprietary broker-dealer orders and ISE comments from members or other Account of Options Market Makers market maker quotes and orders. The interested parties. From Other Exchanges purpose of this proposed rule change is to provide that limit orders entered for III. Date of Effectiveness of the July 12, 2002. the account of options market makers Proposed Rule Change and Timing for Pursuant to section 19(b)(1) of the from other exchanges must be Commission Action Securities Exchange Act of 1934 designated as IOC orders. Within 35 days of the date of (‘‘Exchange Act’’) 1 and Rule 19b–4 As a general matter, the ISE affords publication of this notice in the Federal thereunder,2 notice is hereby given that market makers on other exchanges Register or within such longer period (i) on May 16, 2002, the International greater access to the ISE market than the as the Commission may designate up to Securities Exchange, Inc. (‘‘ISE’’) filed other exchanges provide for ISE market 90 days of such date if it finds such with the Securities and Exchange makers. For example, most other longer period to be appropriate and Commission the proposed rule change exchanges do not permit ISE market publishes its reasons for so finding, or as described in Items I, II, and III below, makers to place orders on their limit (ii) as to which the ISE consents, the which the ISE has prepared. The order books.3 Moreover, no other Commission will: Commission is publishing this notice to options exchange allows ISE market (a) By order approve such proposed solicit comments on the proposed rule makers to be on the ‘‘wheel,’’ and thus rule change; or change from interested persons. to participate in transactions effected in (b) Institute proceedings to determine I. Self-Regulatory Organization’s their automated execution systems. This whether the proposed rule change Statement of the Terms of Substance of is in marked contrast to the ISE, where should be disapproved. the Proposed Rule Change market makers from other exchanges IV. Solicitation of Comments directly compete for order flow with ISE The ISE proposes to amend its rules Interested persons are invited to market makers. The ISE believes that to provide that limit orders entered for submit written data, views and this puts ISE market makers at a the account of options market makers arguments concerning the foregoing, competitive disadvantage. According to from other exchanges must be including whether the proposed rule the ISE, moreover, when ISE market designated as immediate-or-cancel change is consistent with the Act. makers trade against customer orders, (‘‘IOC’’) orders. Persons making written submissions they are subject to payment-for-order- should file six copies thereof with the II. Self-Regulatory Organization’s flow and marketing fees that do not Secretary, Securities and Exchange Statement of the Purpose of, and apply to their competitors. The ISE’s Commission, 450 Fifth Street, NW., Statutory Basis for, the Proposed Rule proposed rule filing is designed to Washington, DC 20549–0609. Copies of Change address these concerns.4 the submission, all subsequent In its filing with the Commission, the The basis for this proposed rule amendments, all written statements ISE included statements concerning the change is the requirement under section with respect to the proposed rule purpose of, and basis for, the proposed 6(b)(5) under the Exchange Act 5 that an change that are filed with the rule change and discussed any Exchange have rules that are designed to Commission, and all written comments it had received on the prevent fraudulent and manipulative communications relating to the proposed rule change. The text of these acts and practices, to promote just and proposed rule change between the statements may be examined at the equitable principles of trade, and, in Commission and any person, other than places specified in Item IV below. The general, to protect investors and the those that may be withheld from the ISE has prepared summaries, set forth in public interest. public in accordance with the Sections A, B, and C below, of the most provisions of 5 U.S.C. 552, will be significant aspects of those statements. B. Self-Regulatory Organization’s Statement on Burden on Competition available for inspection and copying in A. Self-Regulatory Organization’s the Commission’s Public Reference Statement of the Purpose of, and The ISE believes that the proposed Room. Copies of the filing will also be Statutory Basis for, the Proposed Rule rule change does not impose any burden available for inspection and copying at Change on competition that is not necessary or the principal office of the ISE. All submissions should refer to SR–ISE– ISE rules permit Electronic Access appropriate in furtherance of the purposes of the Exchange Act. 2002–13 and should be submitted by Members (‘‘EAMs’’) to enter limit orders August 9, 2002. for the account of an options market maker on another exchange. Limit 3 See, e.g., Chicago Board Options Exchange Rules For the Commission, by the Division of 6.2A(a)(ii), 6.45 and 8.85. orders that are IOC orders trade Market Regulation, pursuant to delegated 4 The ISE believes that this proposal is fully authority.6 immediately, with any unexecuted size consistent with the provisions of the intermarket Margaret H. McFarland, being cancelled. In contrast, any linkage, now in development. Specifically, that unexecuted size associated with a limit linkage would permit only market makers to send Deputy Secretary. IOC orders to another exchange. See Plan for the [FR Doc. 02–18221 Filed 7–18–02; 8:45 am] order not designated as IOC is placed on Purpose of Creating and Operating an Intermarket Option Linkage, Section 2(16), which defines a BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1). ‘‘Linkage Order’’ solely as an IOC order. 2 17 CFR 240.19b–4. 5 15 U.S.C. 78f(b)(5). 6 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s 2. Basis COMMISSION Statement of the Purpose of, and The basis for this proposed rule Statutory Basis for, the Proposed Rule change is the requirement under Section [Release No. 34–46189; File No. SR–ISE– Change 6(b)(4) of the Act 4 that an exchange 2002–16] 1. Purpose have an equitable allocation of reasonable dues, fees and other charges Self-Regulatory Organizations; Notice The purpose of the proposed rule among its members and other persons of Filing and Immediate Effectiveness change is to adopt the following five ISE using its facilities. of Proposed Rule Change by fee changes: • Marketing Fee: The ISE currently B. Self-Regulatory Organization’s International Securities Exchange, Inc., imposes a $.10 fee to fund marketing Statement on Burden on Competition Relating to Fee Changes efforts. There currently is sufficient The ISE believes that the proposed July 11, 2002. money in the marketing fund to finance rule change does not impose any burden these efforts for the foreseeable future. on competition that is not necessary or Pursuant to Section 19(b)(1) of the Thus, the ISE proposes suspending that appropriate in furtherance of the Securities Exchange Act of 1934 (the fee for six months beginning July 1, purposes of the Act. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 2002. notice is hereby given that on June 17, • Licensing Fee: The ISE proposes to C. Self-Regulatory Organization’s 2002, the International Securities adopt a $.10 surcharge on non-customer Statement on Comments on the Exchange, Inc. (‘‘ISE’’) filed with the transactions in options on the iShares Proposed Rule Change Received From Securities and Exchange Commission S&P 100 Index Fund. The ISE has Members, Participants, or Others the proposed rule change as described entered into a license agreement to use The ISE has not solicited, and does in Items I, II, and III below, which the various trademarks regarding this index, not intend to solicit, comments on this ISE has prepared. The Commission is and this proposed rule change will proposed rule change. The ISE has not publishing this notice to solicit defray the licensing costs. We also received any unsolicited written comments on the proposed rule change propose to correct the name of the comments from members or other from interested persons. Nasdaq Biotechnology Index exchange- interested parties. traded fund in the fee schedule. I. Self-Regulatory Organization’s • T–3 Connection Fee: ISE Members III. Date of Effectiveness of the Statement of the Terms of Substance of currently connect to the ISE through Proposed Rule Change and Timing for Commission Action the Proposed Rule Change either a T–1 line or lines with smaller capacities. Some members now are The foregoing rule change establishes The ISE is proposing five fee changes: requesting to connect through a T–3 or changes a due, fee, or other ISE (1) Suspending its marketing fee for six line, providing very high capacity. The charge and therefore has become months; (2) imposing a $.10 surcharge ISE proposes a connectivity charge of effective pursuant to Section 19(b)(3)(A) for non-customer transactions in options $1,250 a month per T–3 line to recover of the Act 5 and Rule 19b–4(f)(2) on the iShares S&P 100 Index Fund; (3) its costs in providing this level of thereunder.6 At any time within 60 days adopting a fee for members who connect connectivity. of the filing of the proposed rule change, to the ISE through a high-bandwidth T– • Multiple IORS Discount: IORS is the the Commission may summarily 3 line; (4) discounting the fees for ISE order routing system. While most abrogate the rule change if it appears to multiple connections to the ISE Order Members have only one IORS the Commission that such action is Routing System (‘‘IORS’’); and (5) connection, some members maintain necessary or appropriate in the public imposing a ‘‘cancellation fee.’’ The text separate connections for each clearing interest, for the protection of investors, of the rule amendment is available at relationship. We propose to discount or otherwise in furtherance of the purposes of the Act. the ISE and at the Commission. multiple IORS connections to reflect the reduced costs on the ISE for supporting IV. Solicitation of Comments II. Self-Regulatory Organization’s such members. Statement of the Purpose of, and • Cancellation Fee: There are a Interested persons are invited to Statutory Basis for, the Proposed Rule number of Electronic Access Members submit written data, views and Change (‘‘EAMs’’) who use a disproportionate arguments concerning the foregoing, amount of communication bandwidth including whether the proposed rule In its filing with the Commission, the by canceling orders immediately change is consistent with the Act. ISE included statements concerning the following the entry of the orders. These Persons making written submissions purpose of, and basis for, the proposed order/cancellation messages often should file six copies thereof with the rule change and discussed any happen in large numbers, and can cause Secretary, Securities and Exchange comments it received on the proposed congestion in IORS. The ISE proposes to Commission, 450 Fifth Street, NW, rule change. The text of these statements impose on each EAM an order Washington, DC 20549–0609. Copies of may be examined at the places specified cancellation fee of $1 for every the submission, all subsequent in Item IV below. The ISE has prepared cancellation through IORS in excess of American Stock Exchange, Inc., and the Pacific summaries, set forth in Sections A, B, the number of orders that the EAM Exchange, Inc. See Securities Exchange Act Release and C below, of the most significant executes in a month. The fee would not No. 44607 (July 27, 2001), 66 FR 40757 (August 3, aspects of such statements. apply to any EAM that cancels fewer 2001) (SR–CBOE–2001–40); Securities Exchange than 500 orders through IORS in a Act Release No. 45110 (November 27, 2001) 66 FR 63080 (December 4, 2001) (SR–Amex–2001–90); month. The ISE believes that this will and Securities Exchange Act Release No. 45262 ease congestion in IORS and will fairly (January 9, 2002), 67 FR 2266 (January 16, 2002) allocate costs.3 (SR–PCX–2001–47). 4 15 U.S.C. 78f(b)(4). 1 15 U.S.C. 78s(b)(1). 3 The cancellation fee is similar to fees adopted 5 15 U.S.C. 78s(b)(3)(A). 2 17 CFR 240.19b–4. by the Chicago Board Options Exchange, Inc., the 6 17 CFR 19b–4(f)(2).
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amendments, all written statements June 28, 2002.4 The Commission is (iii) A purchase on a ‘‘plus’’ tick at a with respect to the proposed rule publishing this notice, as amended by price higher than the lowest price at change that are filed with the Amendment Nos. 1 and 2, to solicit which any block was acquired in a Commission, and all written comments on the proposed rule change previous transaction on that day; or communications relating to the from interested persons. (iv) A purchase on a ‘‘zero plus’’ tick proposed rule change between the I. Self-Regulatory Organization’s of more than 50% of the stock offered Commission and any person, other than Statement of the Terms of Substance of at a price higher than the lowest price those that may be withheld from the the Proposed Rule Change at which any block was acquired in a public in accordance with the previous transaction on that day.] provisions of 5 U.S.C. 552, will be The Exchange proposes to amend For purposes of [the restrictions in available for inspection and copying in NYSE Rule 97 (Limitation on Member subparagraphs (iii) and (iv) above] this the Commission’s Public Reference Trading Because of Block Positioning) rule, in the case where more than one Room. Copies of the filing will also be so that it applies only to transactions block was acquired during the day, the available for inspection and copying at executed at or near the end of the lowest price of any such block will be the principal office of the ISE. All trading day, and to provide exceptions the governing price. submissions should refer to SR–ISE– to the rule for member organizations 2002–16 and should be submitted by that establish the requisite internal (b) The provisions of paragraph (a) August 9, 2002. information barriers and for certain shall not apply to transactions made: hedging transactions. (1) For bona fide arbitrage or to engage For the Commission, by the Division of The text of the proposed rule change in the purchase and sale, or sale and Market Regulation, pursuant to delegated appears below. New text is in italics; authority.7 purchase of securities of companies deletions are in brackets. Margaret H. McFarland, involved in publicly announced merger, * * * * * Deputy Secretary. acquisition, consolidation, tender, etc.; [FR Doc. 02–18222 Filed 7–18–02; 8:45 am] Limitation on Members’ Trading (2) To offset a transaction made in BILLING CODE 8010–01–P Because of Block Positioning error; Rule 97 (3) To facilitate the conversion of (a) When a member organization options; SECURITIES AND EXCHANGE holds any part of a long position in a (4) By specialists in the stocks in COMMISSION stock in [its trading] a proprietary which they are registered; account resulting from a block [Release No. 34–46191; File No. SR–NYSE– transaction it effected with a customer, (5) To facilitate the sale of a block of 2001–24] such member organization may not stock or a basket of stocks by a effect within twenty minutes of the close customer; Self-Regulatory Organizations; Notice of trading on the Exchange a purchase (6) To facilitate an existing customer’s of Filing of Proposed Rule Change and on a ‘‘plus’’ tick in such stock at a price order for the purchase of a block of Amendments Nos. 1 and 2 Thereto by higher than the lowest price at which stock, or a specific stock within a basket the New York Stock Exchange, Inc. any block was acquired in a previous of stocks, or a stock which is being Amending Exchange Rule 97 Which transaction on that day [the following added to or reweighted in an index, at Limits Member Trading Because of transactions] for any account in which or after the close of trading on the Block Positioning it has a direct or indirect interest [for the Exchange, provided that the facilitating remainder of the trading day on which transactions are recorded as such and July 12, 2002. it acquired such position,] if the person the transactions in the aggregate do not Pursuant to Section 19(b)(1) of the responsible for the entry of such order exceed the number of shares required to Securities Exchange Act of 1934 to purchase such stock has knowledge 1 2 facilitate the customer’s order for such (‘‘Act’’), and Rule 19b–4 thereunder, of such block position.[:] stock; [or] notice is hereby given that on August A member, allied member, or an (7) Due to a stock’s addition to an 17, 2001, the New York Stock Exchange, employee of a member organization index or an increase in a stock’s weight Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with responsible for entering proprietary in an index, provided that the the Securities and Exchange orders shall be presumed to have transactions in the aggregate do not Commission (‘‘SEC’’ or ‘‘Commission’’) knowledge of a particular block position exceed the number of shares required to the proposed rule change as described unless the member organization has in Items I, II, and III below, which Items implemented a reasonable system of rebalance the index portfolio[.] or; have been prepared by the Exchange. internal policies and procedures to (8) To hedge a position that is The Exchange filed Amendment No. 1 prevent the misuse of information about economically equivalent to a short stock to the proposed rule change on April 17, block positions by those responsible for position, provided that (i) the creation 2002.3 The Exchange filed Amendment entering such proprietary orders. of the hedge, whether through one or No. 2 to the proposed rule change on [(i) A purchase on a ‘‘plus’’ tick if more transactions, occurs so close in such purchase would result in a new time to the completion of the 7 17 CFR 200.30–3(a)(12). daily high; transaction precipitating such hedge 1 15 U.S.C. 78s(b)(1). (ii) A purchase on a ‘‘plus’’ tick that the hedge is clearly related; (ii) the 2 17 CFR 240.19b–4. within one-half hour of the close; risk to be offset is the result of a position 3 See letter from Richard P. Bernard, Executive acquired in the course of facilitating a Vice President and General Counsel, NYSE, to 4 See letter from Darla C. Stuckey, Corporate customer’s order, and (iii) the size of the Nancy J. Sanow, Assistant Director, Division of Secretary, NYSE, to Nancy J. Sanow, Assistant Market Regulation (‘‘Division’’), Commission, dated Director, Division, Commission, dated June 27, hedge is commensurate with the number April 16, 2002 (‘‘Amendment No. 1’’). In 2002 (‘‘Amendment No. 2’’). In Amendment No. 2, of shares required to hedge such Amendment No. 1, the Exchange amended the the Exchange amended the example in the Purpose position when netted with any long proposed rule text to clarify which types of hedging section of the proposal to clarify the types of position in the stock. transactions it would exclude from the restrictions hedging transactions that would fall under the of NYSE Rule 97. proposed exemption to NYSE Rule 97. Supplementary Material: No change.
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II. Self-Regulatory Organization’s account.5 The Exchange notes that equivalent to a short position in the Statement of the Purpose of, and while the proposed amendments to stock include a long put option or a Statutory Basis for, the Proposed Rule NYSE Rule 97 would limit the strict short position in a call option, warrant, Change ‘‘tick’’ restriction to the most sensitive right or convertible or exchangeable part of the trading day, members and securities. The number of shares In its filing with the Commission, the member organizations remain subject to purchased to hedge the short position Exchange included statements the anti-manipulative provisions of the must be commensurate with the number concerning the purpose of and basis for Act at all times during the trading day. of shares required to hedge such the proposed rule change and discussed Secondly, the Exchange proposes to position when it is netted with any long any comments it received on the provide that if a member organization position in the stock. proposed rule change. The text of these establishes internal information barriers For example, on July 1, a member statements may be examined at the to shield a person entering proprietary organization, in order to facilitate a places specified in Item IV below. The orders in a stock from the knowledge customer,6 sold short to that customer a Exchange has prepared summaries, set that the firm has a block position in that security which is convertible into forth in sections A, B, and C below, of stock, the restrictions in NYSE Rule 97 100,000 shares of common stock. the most significant aspects of such shall not apply to proprietary orders Thereafter, it facilitates a block statements. entered by such person. The Exchange transaction for another customer by A. Self-Regulatory Organization’s believes that this is similar to the buying 40,000 shares of the same Statement of the Purpose of, and approach taken with respect to NYSE common stock for the member Statutory Basis for, the Proposed Rule Rule 92, which provides that the organization’s proprietary account. Change proscriptions against trading ahead of Within 20 minutes of the close on the customer orders shall not apply if same day, it seeks to hedge its (1) Purpose internal information barriers shield a remaining short exposure in the NYSE Rule 97 prohibits a member person entering a proprietary order from convertible security by buying 60,000 organization that holds any part of a knowledge of any particular customer shares of the common stock. Since the long position in a stock in its trading order executable at the same price. member organization has acquired a account resulting from a block Paragraph (b) of NYSE Rule 97 long facilitation position (i.e., the 40,000 transaction it effected with a customer provides exceptions to the rule for share purchase), it must now calculate from purchasing, for an account in purchases involving bona fide arbitrage whether it is long for purposes of NYSE which it (i.e., the block positioning firm) or trading in companies involved in a Rule 97, as amended. If it determines has a direct or indirect interest, publicly announced merger, acquisition, that it is not long, but rather short, it additional shares of such stock on a consolidation or tender offer; to offset would fall within the proposed error transactions; to facilitate the ‘‘plus’’ or ‘‘zero plus’’ tick under certain exception to NYSE Rule 97, as conversion of options; for transactions conditions for the remainder of the amended, for hedging a short position by specialists in their specialty stocks; trading day. NYSE Rule 97 defines a since the hedge being created offsets the to facilitate the sale of a block of stock ‘‘block’’ as a quantity of stock having a risk of a position acquired in the course or a basket of stocks by a customer; to market value of $500,000 or more. of facilitating a customer’s order and the facilitate an existing customer order for Exceptions to the rule exist for hedge is ‘‘clearly related’’ to the the purchase of a block of stock or a transactions involving bona fide completion of the transaction stock in a basket of stocks or a stock arbitrage or trading in companies precipitating the hedge 7 (the short being added to or reweighted in an involved in a publicly announced position). index at or after the close of trading on merger, acquisition, consolidation or If, on the other hand, the firm the Exchange provided certain tender offer; to offset error transactions; determines it is long for purposes of conditions are met; or to increase a to facilitate the conversion of options; to NYSE Rule 97, the firm would not be proprietary position in a stock which is allow specialty stock transactions by able to effect within twenty minutes of being added to, or being increased in the specialists; or to facilitate the sale of a the close of trading on the Exchange a weight of, a publicly disseminated block of stock to a customer. purchase on a ‘‘plus’’ tick in the security index, provided that the transactions in The Exchange now proposes to amend the aggregate do not exceed the number NYSE Rule 97 in three significant 6 Telephone conversation between Jeff of shares required to rebalance the respects. First, the Exchange proposes to Rosenstrock, Senior Special Counsel, NYSE, and Ira portfolios. Brandriss, Special Counsel, Division, Commission, amend NYSE Rule 97 to focus on The Exchange also proposes an and Christopher Solgan, Law Clerk, Division, transactions executed at or near the end additional exception for purchases Commission, on July 2, 2002. of the trading day that could advantage 7 A hedge is deemed to be ‘‘clearly related’’ to the which offset all or part of the market a position acquired by a block transaction precipitating the hedge if either the first risk of a position that is economically positioner by being executed at a higher or last transaction comprising the hedge is executed equivalent to a short position in the on the same trade date as the transaction that price than the lowest price at which a stock, provided that such position was precipitates such hedge. Thus, the initiation of the block was acquired during that day. As hedge should be reasonably proximate to the established as the result of facilitating a amended, NYSE Rule 97 would apply transaction precipitating the hedge, but the member customer’s order and the creation of the only during the last twenty minutes of organization is not strictly required to complete the hedge, whether through one or more hedge on the same date as the precipitating the trading day, rather than, as under transactions, occurs so close in time to transaction. The Exchange intends the hedge the current rule, the remainder of the exemption to be construed narrowly and that the the completion of the transaction trading day following acquisition of the hedge transaction will be proximate in time to the precipitating such hedge that the hedge block position. The Exchange believes precipitating transaction. See SR–NYSE–94–34, is clearly related. Examples of positions Amendment No. 6 (March 9, 2001), approved in that this approach is the same the that, according to the Exchange, would Securities Exchange Act Release No. 44139 (March Exchange applied, and the Commission 30, 2001), 66 FR 18339 (April 6, 2001). For a more be deemed to be economically approved, in other customer facilitation complete discussion, see Amendment No. 6 to SR– NYSE–94–34, which also described several situations when a member organization 5 See Securities Exchange Act Release No. 35837 interpretive issues which had arisen with respect to may be positioning stock for its own (June 12, 1995), 60 FR 31749 (June 16, 1995). the amendment of NYSE Rule 92.
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at a price higher than the lowest price B. Institute proceedings to determine III below, which Items have been at which any block was acquired in a whether the proposed rule change prepared by the Exchange. The previous transaction on July 1, provided should be disapproved. Commission is publishing this notice to that the person responsible for the entry solicit comments on the proposed rule IV. Solicitation of Comments of such order to purchase the security change from interested persons. had knowledge of the block position.8 Interested persons are invited to I. Self-Regulatory Organization’s The Exchange also proposes to submit written data, views, and arguments concerning the foregoing, Statement of the Terms of Substance of replace the term ‘‘trading account’’ in the Proposed Rule Change paragraph (a) of NYSE Rule 97 with including whether the proposed rule ‘‘proprietary account’’ so as to clarify change, as amended, is consistent with The PCX proposes to amend PCX Rule that NYSE Rule 97’s restrictions may the Act. Persons making written 12.8(e) to revise the process for apply regardless of where the long submissions should file six copies designating arbitrators for member-to- facilitation position is placed, e.g., a thereof with the Secretary, Securities member disputes. Text in brackets facilitation account or a trading account. and Exchange Commission, 450 Fifth indicates material to be deleted, and text Street, NW, Washington, DC 20549– in italics indicates material to be added. (2) Statutory Basis 0609. Copies of the submission, all * * * * * The Exchange believes that the basis subsequent amendments, all written Pacific Exchange, Inc., Rules of The for the proposed rule change is the statements with respect to the proposed Board of Governors requirement under Section 6(b)(5) of the rule change that are filed with the Act 9 that an exchange have rules that Commission, and all written Rule 12 communications relating to the are designed to promote just and Arbitration equitable principles of trade, to remove proposed rule change between the impediments to and perfect the Commission and any person, other than Designation of [Number of] Arbitrators mechanism of a free and open market those that may be withheld from the public in accordance with the Rule 12.8(a)–(d)—No change. and a national market system and, in provisions of 5 U.S.C. 552, will be (e) Member Controversies. [(1)] In all general, to protect investors and the available for inspection and copying in arbitration matters not involving public public interest. the Commission’s Public Reference customers[,] and where the matter in B. Self-Regulatory Organization’s Room. Copies of such filings will also be controversy involves an amount that is Statement on Burden on Competition available for inspection and copying at $30,000 or less (exclusive of interest and the principal office of the Exchange. All costs), the Director of Arbitration [shall] The Exchange does not believe that submissions should refer to File No. will appoint an arbitration panel the proposed rule change will impose SR–NYSE–2001–24 and should be composed of one securities industry any burden on competition that is not submitted by August 9, 2002. arbitrator unless the parties request and necessary or appropriate in furtherance mutually agree to the appointment of a of the purposes of the Act. For the Commission, by the Division of public arbitrator [assign the matter to a Market Regulation, pursuant to delegated panel consisting of members of the C. Self-Regulatory Organization’s authority.10 Statement on Comments on the Arbitration Committee]. If the amount Margaret H. McFarland, involved in the controversy exceeds Proposed Rule Change Received From Deputy Secretary. Members, Participants, or Others $30,000 (exclusive of interest and costs), [FR Doc. 02–18223 Filed 7–18–02; 8:45 am] the Director of Arbitration will appoint The Exchange has neither solicited BILLING CODE 8010–01–P an arbitration panel composed of three nor received written comments on the or five arbitrators from the securities proposed rule change. industry unless the parties request and SECURITIES AND EXCHANGE mutually agree to a different panel III. Date of Effectiveness of the COMMISSION Proposed Rule Change and Timing for composition. [Such] [m]Members of the Commission Action [Release No. 34–46190; File No. SR–PCX– arbitration panel will [shall] not be 2002–33] affiliated with any of the parties to the Within 35 days of the date of controversy or have any interest in the publication of this notice in the Federal Self-Regulatory Organizations; Notice matter to be heard. [For controversies Register or within such longer period (i) of Filing of Proposed Rule Change by involving an amount of $10,000 or less, as the Commission may designate up to the Pacific Exchange, Inc., To Revise the panel shall consist of one (1) 90 days of such date if it finds such the Process for Designating member. For all other controversies, the longer period to be appropriate and Arbitrators for Member-to-Member panel shall consist of three (3) publishes its reasons for so finding, or Disputes members.] (ii) as to which the Exchange consents, July 11, 2002. Commentary: the Commission will: Pursuant to Section 19(b)(1) of the .01—No change. A. By order approve such proposed Securities Exchange Act of 1934 (f)—No change. rule change; or (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 * * * * * notice is hereby given that on May 30, 8 II. Self-Regulatory Organization’s Under the proposed language to NYSE Rule 97, 2002, the Pacific Exchange, Inc. (‘‘PCX’’ ‘‘a member, allied member, or an employee of a Statement of the Purpose of, and member organization responsible for entering or ‘‘Exchange’’) filed with the Securities Statutory Basis for, the Proposed Rule proprietary orders shall be presumed to have and Exchange Commission Change knowledge of a particular block position unless the (‘‘Commission’’) the proposed rule member organization has implemented a reasonable change as described in Items I, II, and In its filing with the Commission, the system of internal policies and procedures to PCX included statements concerning the prevent the misuse of information about block positions by those responsible for entering such 10 17 CFR 200.30–3(a)(12). purpose of and basis for the proposed proprietary orders.’’ 1 15 U.S.C. 78s(b)(1). rule change and discussed any 9 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. comments it received on the proposed
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rule change. The text of these statements A ‘‘securities industry arbitrator’’ is securities, and to protect investors and may be examined at the places specified currently defined as a person: associated the public interest. in Item IV below. The PCX has prepared with a member, or broker/dealer, summaries, set forth in Sections A, B, government securities broker, B. Self-Regulatory Organization’s and C below, of the most significant government securities dealer, municipal Statement on Burden on Competition aspects of such statements. securities dealer or registered The Exchange does not believe that investment advisor; or who has been A. Self-Regulatory Organization’s the proposed rule change will impose associated with any of these entities Statement of the Purpose of, and any burden on competition that is not within the past three years; or who is Statutory Basis for, the Proposed Rule necessary or appropriate in the Change retired from any of these entities; or furtherance of the purposes of the Act. who is an attorney, accountant or other 1. Purpose professional who devoted twenty C. Self-Regulatory Organization’s percent or more professional work effort Statement on Comments on the The current PCX rules divide to securities industry clients within the Proposed Rule Change Received From arbitration claims between matters last two years.4 An arbitrator who is not Members, Participants or Others involving public customers (‘‘Public from the securities industry is deemed Controversies’’) and matters not a public arbitrator.5 Public arbitrators No written comments were solicited involving public customers (‘‘Member may not have a spouse or other member or received with respect to the proposed Controversies’’). Public Controversies of the household who is a person rule change. are addressed in PCX Rules 12.8(a) and associated with a registered broker III. Date of Effectiveness of the (b), which provide for one arbitrator dealer, municipal securities dealer, where the matter in controversy does Proposed Rule Change and Timing for government securities broker, Commission Action not exceed $30,000 and for three to five government securities dealer or arbitrators where the matter exceeds investment advisor.6 Members of an Within 35 days of the date of $30,000. Arbitrators for Public arbitration panel will not be affiliated publication of this notice in the Federal Controversies are selected by the with any of the parties to the Register or within such longer period (i) Director of Arbitration who appoints a controversy or have any interest in the panel from the existing pool of as the Commission may designate up to matter to be heard.7 arbitrators of the Exchange.3 Member 90 days of such date if it finds such Controversies are covered by Rule PCX believes that the proposed rule longer period to be appropriate and 12.8(e), which provides for a panel change would simplify the PCX publishes its reasons for so finding or consisting of one Arbitration Committee arbitrator selection process for Member (ii) as to which the Exchange consents, member for controversies involving an Controversies by coordinating the rule the Commission will: amount of $10,000 or less, and a panel with existing rules on Public (A) By order approve such proposed of three Arbitration Committee members Controversies. The proposed rule would rule change, or provide this uniformity by raising the for all other controversies. (A) Institute proceedings to determine amount in controversy from $10,000 to The proposed rule would provide a whether the proposed rule change $30,000 as the threshold in determining new selection process for Member should be disapproved. whether the controversy would be heard Controversies. Specifically, the by at least three arbitrators. This proposed rule would eliminate the IV. Solicitation of Comments current reference to the Arbitration proposed threshold would be consistent Interested persons are invited to Committee in Rule 12.8(e) and provide with PCX Rules for Public submit written data, views and for the Director of Arbitration to appoint Controversies. The proposed rule would arguments concerning the foregoing, a panel from the same existing pool of also provide for a consistent source of including whether the proposed rule arbitrators that the Exchange currently arbitrators by using the same arbitrator change is consistent with the Act. uses for Public Controversies. Also, the list for the selection of arbitrators for Persons making written submissions proposed rule would state that if the both Public and Member Controversies. should file six copies thereof with the matter in controversy involves an 2. Statutory Basis Secretary, Securities and Exchange amount that is $30,000 or less (exclusive Commission, 450 Fifth Street, NW., of interest and costs), the Director of The Exchange believes that the Washington, DC 20549–0609. Copies of Arbitration would appoint an arbitration proposed rule change is consistent with the submission, all subsequent panel composed of one securities Section 6(b) of the Act 8 in general, and industry arbitrator, unless the parties furthers the objectives of Section 6(b)(5) amendments, all written statements with respect to the proposed rule request and mutually agree to the of the Act 9 in particular, because it is change that are filed with the appointment of a public arbitrator. designed to promote just and equitable Commission, and all written However, if the amount involved in the principles of trade, to foster cooperation controversy exceeds $30,000 (exclusive and coordination with persons engaged communications relating to the of interest and costs), the Director of in regulating, clearing, settling, proposed rule change between the Arbitration would appoint an arbitration processing information with respect to, Commission and any person, other than panel composed of three or five and facilitating transactions in those that may be withheld from the arbitrators from the securities industry public in accordance with the provisions of 5 U.S.C. 552, will be unless the parties request and mutually 4 See PCX Rule 12.8(c). agree to a different panel composition. 5 See PCX Rule 12.8(d). available for inspection and copying in 6 See PCX Rule 12.8(d). the Commission’s Public Reference 3 The Exchange’s Director of Arbitration 7 See PCX Rule 12.8(e). Room. Copies of such filing will also be maintains a list of arbitrators who are qualified 8 15 U.S.C. 78f(b). available for inspection and copying at approved applicants. 9 15 U.S.C. 78f(b)(5). the principal office of the PCX. All
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submissions should refer to File No. any comments it received on the b. Supervisory Procedures SR–PCX–2002–33 and should be proposed rule change. The text of these The Exchange proposes to add PCXE submitted by August 9, 2002. statements may be examined at the Rule 6.18 relating to Supervisory For the Commission, by the Division of places specified in Item IV below. The Procedures. Under this proposed rule, Market Regulation, pursuant to delegated Exchange has prepared summaries, set each ETP Holder must establish and 10 authority. forth in sections A, B, and C below, of maintain a supervisory system to Margaret H. McFarland, the most significant parts of such supervise the activities of its associated Deputy Secretary. statements. persons and the operations of its [FR Doc. 02–18225 Filed 7–18–02; 8:45 am] A. Self-Regulatory Organization’s business. The SEC published the BILLING CODE 8010–01–P Statement of the Purpose of, and original rule filing on January 8, 2001.5 Statutory Basis for, the Proposed Rule The Exchange is proposing to Change incorporate the rule change into the new SECURITIES AND EXCHANGE set of rules governing the ArcaEx COMMISSION 1. Purpose facility. In addition, the Exchange [Release No. 34–46193; File No. SR–PCX– On October 25, 2001, the Commission proposes to make technical changes to 2002–35] approved a proposed rule change by the the rule text as originally approved by PCX to establish ArcaEx, a new the Commission by deleting references Self-Regulatory Organizations; Notice electronic trading facility of PCXE.3 to the terms ‘‘Equity ASAP Holder’’ and of Filing and Immediate Effectiveness ArcaEx is a fully electronic securities ‘‘ETP Firm.’’ These membership of Proposed Rule Change by the trading facility for use by Equity categories are no longer applicable Pacific Exchange, Inc. Relating to Trading Permit (‘‘ETP’’) Holders and under ArcaEx’s market structure.6 Housekeeping and Technical their customers. PCX and PCXE are c. Trust Issued Receipts Amendments to PCXE Rules in Order responsible for all regulatory functions to Incorporate Those Rules Into the related to the facility, and Archipelago On April 16, 2001, the SEC approved New PCXE Rules Governing the Exchange, L.L.C., a subsidiary of an Exchange rule proposal to adopt Archipelago Exchange Facility Archipelago Holdings, L.L.C., is generic listing requirements for Trust 7 July 12, 2002. responsible for the business of the Issued Receipts (‘‘TIRs’’). The Pursuant to Section 19(b)(1) of the facility to the extent that these activities Exchange is proposing to incorporate Securities Exchange Act of 1934 (the are not inconsistent with the regulatory the rule change into the new set of rules ‘‘Act’’)1 and Rule 19b–4 thereunder,2 and oversight functions of PCX and governing the ArcaEx facility. The notice is hereby given that on June 14, PCXE. ArcaEx commenced operations proposed listing and maintenance 2002, the Pacific Exchange, Inc. (‘‘PCX’’ on March 22, 2002, replacing the standards for securities on TIRs are set or ‘‘Exchange’’) filed with the Securities PCXE’s traditional trading floor forth respectively in Commentary .01 to and Exchange Commission facilities. PCXE Rule 8.200(a), and in Rule (‘‘Commission’’ or ‘‘SEC’’) the proposed With this filing, PCX proposes to 8.200(d). Also, minor conforming word rule change, as described in Items I, II, make various housekeeping and changes have been made to reflect the and III below, which Items have been simplified membership structure under technical changes to certain previously 8 prepared by the Exchange. The approved PCXE rules in order to ArcaEx. Commission is publishing this notice to incorporate those rules into the new d. Electronic Mail Addresses solicit comments on the proposed rule PCXE rules governing ArcaEx. A The Exchange proposes to incorporate change from interested persons. summary of the proposed changes to the into the new PCXE rules for ArcaEx a text of the PCXE rules are explained I. Self-Regulatory Organization’s provision requiring all ETP Holders to below. Statement of the Terms of Substance of establish and maintain an Internet the Proposed Rule Change a. Audit Committee Requirements for electronic mail account with the PCXE. The Exchange, through its wholly Listed Companies The SEC published the original rule owned subsidiary, PCX Equities, Inc. filing on January 29, 2001.9 The The Exchange proposes to amend (‘‘PCXE’’), proposes to make various Exchange proposes to renumber former PCXE Rule 5.3(b) by adding language housekeeping and technical changes to PCXE Rule 2.26 as new PCXE Rule 2.23, regarding audit committee requirements certain previously approved PCXE rules and is also modifying the rule text by for listed domestic issuers. The rule in order to incorporate those rules into eliminating references to ‘‘Equity ASAP change requires listed companies to the new PCXE rules governing the Holder’’ and ‘‘ETP Firm’’ because these adopt formal written charters and Archipelago Exchange (‘‘ArcaEx’’) membership categories are no longer establishes composition requirements facility. The text of the proposed rule applicable under ArcaEx’s market for audit committees including expertise 10 change is available at the Exchange and structure. and independence criteria for at the Commission. committee members. The SEC 5 See Securities Exchange Act Release No. 43817 II. Self-Regulatory Organization’s previously approved the proposed rule (January 8, 2001), 66 FR 3636 (January 16, 2001) Statement of the Purpose of, and text on February 7, 2001.4 The Exchange (SR–PCX–00–43). Statutory Basis for, the Proposed Rule is proposing to incorporate the rule 6 See Securities Exchange Act Release No. 43608 Change change into the new set of rules (November 21, 2000), 65 FR 78822 (December 15, 2000) (SR–PCX–00–25) (‘‘ArcaEx Proposing In its filing with the Commission, the governing the ArcaEx facility. Release’’). Exchange included statements 7 See Securities Exchange Act Release No. 44182 concerning the purpose of and basis for 3 See Securities Exchange Act Release No. 44983 (April 16, 2001), 66 FR 21798 (May 1, 2001) (Order approving File No. SR–PCX–2001–01). the proposed rule change and discussed (October 25, 2001), 66 FR 55225 (November 1, 2001) (Order approving File No. SR–PCX–00–25) 8 See ArcaEx Proposing Release, supra note 6. (‘‘ArcaEx Approval Order’’). 9 See securities Exchange Act Release No. 43898 10 17 CFR 200.30–3(a)(12). 4 See Securities Exchange Act Release No. 43941 (January 29, 2001), 66 FR 8832 (February 2, 2001) 1 15 U.S.C. 78s(b)(1). (February 7, 2001), 66 FR 10545 (February 15, 2001) (SR–PCX–01–02). 2 17 CFR 240.19b–4. (Order approving File No. SR–PCX–00–40). 10 See ArcaEx Proposing Release, supra note 6.
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e. Exchange-Traded Funds (‘‘ETFs’’) inclusion in the new PCXE rules. PCXE (PT)).19 Because ArcaEx operates the On July 12, 2001, the SEC approved Rule 7.12 has been replaced in its Opening and Late Trading Sessions an Exchange rule proposal to adopt entirety with new PCXE Rule 7.17. Also, outside of the traditional trading hours, generic listing requirements for with the elimination of trading floor and the PCXE requires ETP Holders to Investment Company Units (‘‘ICUs’’) the introduction of the ArcaEx trading provide certain customer disclosures.20 and Portfolio Depositary Receipts system, Rule 7.70 relating to P/COAST In particular, no ETP Holder can accept (‘‘PDRs’’) (collectively known as becomes obsolete. an order from a non-ETP Holder for 11 execution in the Opening or Late ETFs). The rules allow PCXE to begin h. Intermarket Trading System (‘‘ITS’’) trading qualifying products pursuant to Trading Session without disclosing to Rule 19b–4(e) under the Act without The Exchange proposes to amend such non-ETP Holder that: submitting a formal rule filing to the PCXE Rule 7.55(b)(2)(F), formerly Rule (1) Except for market orders eligible SEC. The Exchange’s current rules for 7.66(b)(2)(F), to conform to the for execution during the Market Order the initial and continued listing of ICUs seventeenth amendment to the restated Auction, Limited Price Orders are the and PDRs are set forth in PCXE Rules ITS Plan.16 Presently, Rule 7.55(b)(2)(F) only orders that are eligible for 5.2(j)(3)12 and 8.100, respectively. The provides that the sender of an ITS execution during the Opening and Late Exchange proposes to incorporate the commitment may designate a time Trading Sessions; rule changes using the same numbering period during which a commitment will (2) An order must be designated sequence into the new set of rules be irrevocable following acceptance by specifically for trading in the Opening governing the ArcaEx facility. Also, the ITS system. The ITS Plan provides and/or Late Trading Session to be minor conforming changes to the text for three irrevocable time-period options eligible for trading in the Opening and/ have been made to reflect the simplified consisting of 30-seconds, one minute, or Late Trading Session; and membership structure of ArcaEx.13 and two minutes. Accordingly, the (3) Extended hours trading involves Exchange is proposing to replace the f. Minor Rule Plan Amendments material trading risks, including the current language in subsection (b)(2)(F), possibility of lower liquidity, high On July 27, 2001, the SEC approved which states that there are ‘‘two’’ volatility, changing prices, unlinked an Exchange rule proposal increasing irrevocable time-period options, with markets, an exaggerated effect from the fines for violations of certain rules the word ‘‘three’’ thereby making the 14 news announcements, wider spreads under the PCXE’s Minor Rule Plan. rule text consistent with the ITS Plan. and any other relevant risk. The Exchange is proposing to The SEC published the original rule incorporate the increased Minor Rule filing on March 19, 2002.17 The These disclosures are designed to Plan fines into the new set of rules Exchange is proposing to incorporate ensure that participants in the Opening governing the ArcaEx facility. However, the rule change into the new set of rules or Late Trading Sessions understand the the Exchange notes that the Minor Rule governing the ArcaEx facility. In potential risks of that participation. Plan fines for violations relating to floor addition, the Exchange proposes to Currently, several electronic trading trading and specialists (e.g., admission make technical changes to the rule text systems provide investors the to and conduct on the trading floor) as originally approved by the opportunity to trade these securities have not been included in the proposed Commission by deleting references to outside the regular trading hours. The rules because they are not applicable to the terms ‘‘Equity ASAP Holder’’ and PCX believes that the proposed rule the ArcaEx trading environment. ‘‘ETP Firm.’’ These membership amendment will enhance competition by providing investors with an g. Conversion to Decimals categories are no longer applicable under ArcaEx’s market structure.18 alternative forum through which to The Exchange proposes to incorporate trade these products. In addition, the into the new PCXE rules for ArcaEx i. Trading Hours for ICUs and PDRs Exchange believes that its proposal to several technical revisions to its equities expand PCXE’s trading hours for ICUs trading rules in order to eliminate Prior to the implementation of ArcaEx, the Exchange’s trading hours and PDRs is consistent with the references to fractional pricing. The SEC business hours for operating ArcaEx.21 published the rule filing on November for series of ICUs and PDRs were 19, 2001.15 Minor word changes and between 6:30 a.m. and 1:30 p.m. (PT), as 2. Statutory Basis set forth in PCXE Rule 5.2(j)(3), revisions in the numbering of the rules The Exchange believes that the have been made to conform the Commentary .01(f) and Rule 8.100, Commentary .01(f), respectively. With proposed rule change is consistent with proposed rules to the new PCXE rules Section 6(b) of the Act 22 in general, and for ArcaEx. In addition, the changes this filing, the Exchange is proposing to change its trading hours for ICUs and furthers the objectives of Section made to former PCXE Rule 7.12 (Firm 6(b)(5) 23 in particular, in that it is Quotations) and Rule 7.70 (Pacific PDRs to conform to the trading sessions of ArcaEx. designed to promote just and equitable Computerized Order Access System (‘‘P/ principles of trade, to foster cooperation COAST’’)) have been omitted from ArcaEx has three trading sessions each day the PCXE is open for business: and coordination with persons engaged in regulating, clearing, settling, 11 See Securities Exchange Act Release No. 44551 The Opening Session (5 a.m. to 6:30 (July 12, 2001) 66 FR 37716 (July 19, 2001) (Order a.m. (PT)), the Core Trading Session processing information with respect to, approving File No. SR–PCX–2001–14). (6:30 a.m. to 1 p.m. (PT)) and the Late and facilitating transactions in 12 The Exchange’s definition of a ‘‘Unit’’ and the Trading Session (1 p.m. to 5 p.m. securities, and, in general, to protect listing maintenance requirements for ICUs are investors and the public interest. contained in existing PCXE Rules 5.1(b)(15) and 5.5(g)(1), respectively. 16 See Securities Exchange Act Release No. 44903 13 See ArcaEx Proposing Release, supra note 6. (October 3, 2001), 66 FR 52159 (October 12, 2001) 19 See PCXE Rule 7.34(a) (description of the 14 See Securities Exchange Act Release No. 44611 (Order approving Seventeenth Amendment to the ArcaEx trading sessions). (July 27, 2001) 66 FR 40771 (August 3, 2001) (Order ITS Plan). 20 See PCXE Rule 7.34(e) (description of the approving File No. SR–PCX–2001–19). 17 See Securities Exchange Act Release No. 45595 required customer disclosures). 15 See Securities Exchange Act Release No. 45077 (March 19, 2002), 67 FR 14759 (March 27, 2002) 21 See ArcaEx Approval Order, supra note 3. (November 19, 2001), 66 FR 59280 (November 27, (SR–PCX–2002–07). 22 15 U.S.C. 78f(b). 2001) (SR–PCX–2001–39). 18 See ArcaEx Proposing Release, supra note 6. 23 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization’s For the Commission, by the Division of DEPARTMENT OF STATE Statement on Burden on Competition Market Regulation, pursuant to delegated authority.26 [Public Notice 4067] The Exchange does not believe that Margaret H. McFarland, the proposed rule change will impose Office of International Energy and Deputy Secretary. any burden on competition not Commodities Policy Finding of No necessary or appropriate in furtherance [FR Doc. 02–18226 Filed 7–18–02; 8:45 am] Significant Impact: Reef International, of the purposes of the Act. BILLING CODE 8010–01–P L.L.C. C. Self-Regulatory Organization’s AGENCY: Department of State. Statement on Comments on the ACTION: Notice of a finding of no Proposed Rule Change Received From SMALL BUSINESS ADMINISTRATION significant impact with regard to an Members, Participants, or Others application to construct, operate, and Data Collection Available for Public maintain a pipeline and related facilities Written comments on the proposed Comments and Recommendations rule change were neither solicited nor to transport liquefied petroleum gas, including propane and butane, across received. ACTION: Notice and request for the U.S.-Mexico border at Maverick III. Date of Effectiveness of the comments. County, Texas. Proposed Rule Change and Timing for Commission Action SUMMARY: In accordance with the SUMMARY: The Department of State has Paperwork Reduction Act of 1995, this The proposed rule change has become conducted an environmental assessment notice announces the Small Business of the proposed construction by Reef effective pursuant to Section Administration’s intentions to request 19(b)(3)(A)(iii) of the Act 24 and International, L.L.C. of a pipeline and approval on a new, and/or currently related facilities for the transport of subparagraph (f)(3) of Rule 19b–4 approved information collection. thereunder 25 because it is concerned liquefied petroleum gas, including solely with the administration of the DATES: Submit comments on or before propane and butane, crossing the Exchange. At any time within 60 days September 17, 2002. international boundary at Maverick of the filing of such proposed rule ADDRESSES: Send all comments County, Texas. This information may be change, the Commission may summarily regarding whether these information viewed upon request in the Office of abrogate such rule change if it appears collections are necessary for the proper International Energy and Commodities to the Commission that such action is performance of the function of the Policy at the Department of State. Based on this information, the necessary or appropriate in the public agency, whether the burden estimates Department of State has concluded that interest, for the protection of investors, are accurate, and if there are ways to issuance of a Presidential Permit or otherwise in furtherance of the minimize the estimated burden and authorizing construction of the pipeline purposes of the Act. enhance the quality of the collections, to Sandra Johnston, Program Analyst, will not have a significant effect on the IV. Solicitation of Comments Office of Financial Assistance, Small existing vegetation and wildlife, water Interested persons are invited to Business Administration, 409 3rd Street, resources, land use, air quality, and submit written data, views and SW, Suite 6300, Washington DC 20416. human population within the United arguments concerning the foregoing, States. In reaching this conclusion, the FOR FURTHER INFORMATION CONTACT: Department considered several including whether the proposed rule Sandra Johnston, Program Analyst, (202) change is consistent with the Act. alternatives, including a no-action 205–7528 or Curtis B. Rich, alternative. Persons making written submissions Management Analyst, (202) 205–7030. should file six copies thereof with the In accordance with the National Secretary, Securities and Exchange SUPPLEMENTARY INFORMATION: Environmental Policy Act, 42 U.S.C. Commission, 450 Fifth Street, N.W., Title: Business Loan Reconsideration Section 4321 et seq., Council on Washington, D.C. 20549–0609. Copies of Request. Environmental Quality Regulations, 40 the submission, all subsequent Form No: N/A. CFR 1501.4 and 1508.13, and amendments, all written statements Description of Respondents: Department of State Regulations, 22 CFR with respect to the proposed rule Individuals Seeking a Reconsideration 161.8(C), an environmental impact change that are filed with the of a Declined Business Loan. statement will not be prepared. Commission, and all written Annual Responses: 1,800. FOR FURTHER INFORMATION ON THE PIPELINE PERMIT APPLICATION CONTACT: communications relating to the Annual Burden: 3,600. proposed rule change between the Pedro G. Erviti or Matthew T. McManus, SUPPLEMENTARY INFORMATION: Commission and any person, other than Office of International Energy and those that may be withheld from the Title: Reporting and Recordkeeping Commodities Policy, Department of public in accordance with the for Lenders State, Washington, DC 20520; or by provisions of 5 U.S.C. 552, will be Form No’s: N/A. telephone at (202) 647–2857 or (202) available for inspection and copying in Description of Respondents: Small 647–3423; or by fax at (202) 647–4037. the Commission’s Public Reference Business Lending Companies. SUPPLEMENTARY INFORMATION: Reef is a Section. Copies of such filing will also Annual Responses: 2,400. limited liability corporation organized be available for inspection and copying Annual Burden: 2,400. under the laws of the State of Texas at the principal office of the PCX. All with its principal office located in submissions should refer to File No. Jacqueline White, Corpus Christi, Texas. The proposed SR–PCX–2002–35 and should be Chief, Administrative Information Branch. pipeline would be adjacent to a submitted by August 9, 2002. [FR Doc. 02–18236 Filed 7–18–02; 8:45 am] proposed natural gas pipeline for which BILLING CODE 8025–01–P Reef has received a Presidential permit 24 15 U.S.C. 78s(b)(3)(A)(iii). from the Federal Energy Regulatory 25 17 CFR 240.19b–4(f)(3). 26 17 CFR 200.30–3(a)(12). Commission. On January 31, 2002, the
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Department of State published in the Dated: July 12, 2002. 3. Identify any gaps in these Federal Register a Notice of Receipt of Kathryn J. Jackson, regulations and research where else Application for a Presidential Permit. Executive Vice President, River System those gaps may be addressed— such as No public comments were received, and Operations and Environment. in voluntary or non-regulatory the federal agencies consulted expressed [FR Doc. 02–78232 Filed 7–18–02; 8:45 am] programs; and no opposition to issuing the permit. A BILLING CODE 8120–08–M 4. Ascertain the best method to finding of no significant impact is address any gaps not addressed in adopted, and an environmental impact regulatory or non-regulatory products. statement will not be prepared. DEPARTMENT OF TRANSPORTATION Procedural Dated: July 15, 2002. Coast Guard The meeting is open to the public. Matthew McManus, Please note that the meeting may close Acting Chief, Energy Producer-Country [USCG–2002–12763] early if all business is finished. At the Affairs Division, Office of International Chair’s discretion, members of the Energy and Commodities Policy, Department Towing Safety Advisory Committee of State. public may make oral presentations during the meeting. If you would like to [FR Doc. 02–18232 Filed 7–18–02; 8:45 am] AGENCY: Coast Guard, DOT. make an oral presentation at the BILLING CODE 4710–07–P ACTION: Notice of meeting. meeting, please notify the Assistant Executive Director no later than August SUMMARY: The Towing Safety Advisory 12, 2002. Written material for Committee’s (TSAC) Working Group on distribution at the meeting should reach TENNESSEE VALLEY AUTHORITY Regulation Review will meet to discuss the Coast Guard no later than August 7, various issues relating to current U.S. 2002. If you would like a copy of your Environmental Assessment or Coast Guard regulations as they pertain material distributed to each member of Environmental Impact Statement— to towing vessels. The meeting will be the committee in advance of the Proposed Commercial Recreational open to the public. and Residential Developments on meeting, please submit 15 copies to Mr. DATES: The TSAC Working Group will Tellico Reservoir, Loudon County, TN Gerald P. Miante at the address in meet on Tuesday, August 13, 2002, from ADDRESSES no later than August 7, 2002. AGENCY: Tennessee Valley Authority 1 p.m. to 4 p.m. and on the following (TVA). day, Wednesday, August 14, 2002, from Information on Services for Individuals 8 a.m. to 12 noon. The meeting may With Disabilities ACTION: Extension of public comment close early if all business is finished. period for scoping. For information on facilities or Written material and requests to make services for individuals with disabilities SUMMARY: This notice is provided in oral presentations should reach the or to request special assistance at the accordance with the Council on Coast Guard on or before August 12, meeting, contact the Assistant Executive Environmental Quality’s regulations (40 2002. Requests to have a copy of your Director as soon as possible. material distributed to each member of CFR parts 1500 to 1508), Section 106 of Dated: July 11, 2002. the Working Group should reach the the National Historic Preservation Act Howard L. Hime, and its implementing regulations (36 Coast Guard on or before August 7, 2002. Acting Director of Standards, Marine Safety, CFR part 800), and TVA’s procedures Security and Environmental Protection. implementing the National ADDRESSES: The Working Group will [FR Doc. 02–18216 Filed 7–18–02; 8:45 am] Environmental Policy Act (NEPA). On meet in room 1103, U.S. Coast Guard BILLING CODE 4910–15–P June 17, 2002, TVA published a Notice Headquarters, 2100 Second Street SW., of Intent to prepare an Environmental Washington, DC. Send written material Assessment or Environmental Impact and requests to make oral presentations DEPARTMENT OF TRANSPORTATION Statement for the recreational and to Mr. Gerald P. Miante, Commandant residential developments proposed on (G–MSO–1), Room 1210, U.S. Coast Federal Aviation Administration Tellico Reservoir, Loudon County, Guard Headquarters, 2100 Second Street Tennessee (Federal Register, Volume SW., Washington, DC 20593–0001. This Intent To Rule on Application 02–14– 67, Number 116, Pages 41292–41293). notice is available on the Internet at C–00–ORD To Impose a Passenger The comment period for the scoping http://dms.dot.gov. Facility Charge at Chicago O’Hare phase of this environmental review is FOR FURTHER INFORMATION CONTACT: Mr. International Airport, Chicago, IL and extended from July 26, 2002 to August Gerald P. Miante, Assistant Executive Use PFC Revenue at Gary/Chicago 16, 2002. Director of TSAC, telephone 202–267– Airport, Gary, IN ADDRESSES: Written comments should 0221, or fax 202–267–4570. AGENCY: Federal Aviation be sent to Jon M. Loney, Manager, NEPA SUPPLEMENTARY INFORMATION: Notice of Administration (FAA), DOT. Administration, Environmental Policy the meeting is given under the Federal ACTION: Notice of intent to rule on and Planning, Tennessee Valley Advisory Committee Act, 5 U.S.C. App. application. Authority, 400 West Summit Hill Drive, 2. Knoxville, Tennessee 37902–1499. SUMMARY: The FAA proposes to rule and FOR FURTHER INFORMATION CONTACT: Agenda of Meeting invites public comment on the Richard L. Toennisson, NEPA The agenda tentatively includes the application to impose a Passenger Specialist, Environmental Policy and following: Facility Charge (PFC) at Chicago O’Hare Planning, Tennessee Valley Authority, 1. Review current U.S. Coast Guard International Airport and use the 400 West Summit Hill Drive, WT 8C, regulatory requirements pertaining to revenue from a PFC at Gary/Chicago Knoxville, Tennessee 37902–1499; uninspected towing vessels; Airport under the provisions of the 49 telephone: (865) 632–8517; or e-mail: 2. Assess the adequacy of these U.S.C. 40117 and part 158 of the Federal [email protected]. existing regulations; Aviation Regulations (14 CFR part 158).
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DATES: Comments must be received on listed above under FOR FURTHER comment on the application to impose or before August 19, 2002. INFORMATION CONTACT. and use the revenue from a PFC at La ADDRESSES: Comments on this In addition, any person may, upon Crosse Municipal Airport under the application may be mailed or delivered request, inspect the application, notice provisions of the 49 U.S.C. 40117 and in triplicate to the FAA at the following and other documents germane to the part 158 of the Federal Aviation address: Federal Aviation application in person at the City of Regulations (14 CFR part 158). Administration, Chicago Airports Chicago Department of Aviation. On July 2, 2002, the FAA determined that the application to impose and use District Office, 2300 East Devon Issued in Des Plaines, Illinois on July 11, Avenue, Room 312, Des Plaines, Illinois 2002. the revenue from a PFC submitted by the City of La Crosse was substantially 60018. Mark McClardy, In addition, one copy of any complete within the requirements of Manager, Planning and Programming Branch section 158.25 of part 158. The FAA comments submitted to the FAA must Airports Division, Great Lakes Region. be mailed or delivered to Mr. Thomas R. will approve or disapprove the [FR Doc. 02–18209 Filed 7–18–02; 8:45 am] application, in whole or in part, no later Walker, Commissioner, of the City of BILLING CODE 4910–13–M Chicago Department of Aviation at the than October 3, 2002. following address: Chicago O’Hare The following is a brief overview of International Airport, P.O. Box 66142, the application. DEPARTMENT OF TRANSPORTATION Level of the proposed PFC: $4.50. Chicago, Illinois 60666. Proposed charge effective date: Air carriers and foreign air carriers Federal Aviation Administration January 1, 2003. may submit copies of written comments Proposed charge expiration date: May previously provided to the City of Notice of Intent To Rule on Application 02–06–C–00–LSE To Impose and Use 1, 2005. Chicago Department of Aviation under Total estimated PFC revenue: the Revenue From a Passenger Facility section 158.23 of part 158. $1,022,045. Charge at La Crosse Municipal Airport, FOR FURTHER INFORMATION CONTACT: Mr. Brief description of proposed projects: Philip M. Smithmeyer, Manager, La Crosse, WI Reconstruct runway 13/31, replace Chicago Airports District Office, 2300 AGENCY: Federal Aviation baggage handling system, airfield East Devon Avenue, Room 312, Des Administration (FAA), DOT electrical upgrade (phase 1), acquire Plaines, Illinois 60018, (847) 294–7335. ACTION: Notice of intent to rule on snow removal equipment, replace The application may be reviewed in application. terminal signage, conduct person at this same location. environmental assessment for parallel SUPPLEMENTARY INFORMATION: The FAA SUMMARY: The FAA proposes to rule and taxiway 18/36, PFC administration. proposes to rule and invites public invites public comment on the Class or classes or air carriers, which comment on the application to impose application to impose and use the the public agency has requested, not be a PFC at Chicago O’Hare International revenue from a Passenger Facility required to collect PFCs: No request to Airport and to use the revenue at Gary/ Charge (PFC) at La Crosse Municipal exclude carriers. Chicago Airport under the provisions of Airport under the provisions of the 49 Any person may inspect the the 49 U.S.C. 40117 and part 158 of the U.S.C. 40117 and part 158 of the Federal application in person at the FAA office Federal Aviation Regulations (14 CFR Aviation Regulations (14 CFR part 158). listed above under FOR FURTHER INFORMATION CONTACT. In addition, any part 158). DATES: Comments must be received on On July 8, 2002, the FAA determined or before August 19, 2002. person may, upon request, inspect the application, notice and other documents that the application to impose and use ADDRESSES: Comments on this the revenue from a PFC submitted by germane to the application in person at application may be mailed or delivered the City of La Crosse. City of Chicago Department of Aviation in triplicate to the FAA at the following was substantially complete within the address: Minneapolis Airports District Issued in Des Plaines, Illinois on July 11, 2002. requirements of section 158.25 of part Office, 6020 28th Avenue South, Room 158. The FAA will approve or 102, Minneapolis, Minnesota 55450. Mark McClardy, disapprove the application, in whole or In addition, one copy of any Manager, Planning and Programming Branch in part, no later than October 24, 2002. comments submitted to the FAA must Airports Division, Great Lakes Region. The following is a brief overview of be mailed or delivered to Mr. Michael [FR Doc. 02–18212 Filed 7–18–02; 8:45 am] the application. A. Daigle, Airport Manager of the La BILLING CODE 4910–13–M Level of the proposed PFC: $3.00. Crosse Municipal Airport at the Proposed charge effective date: following address: La Crosse Municipal October 1, 2016. DEPARTMENT OF TRANSPORTATION Airport, 2850 Airport Road, La Crosse, Proposed charge expiration date: WI 54603. February 1, 2017. Federal Aviation Administration Air carriers and foreign air carriers Total estimated PFC revenue: may submit copies of written comments $2,565.000. Notice of Intent To Rule on Application Brief description of proposed projects: previously provided to the City of La 02–04–C–00–TOL To Impose and Use Acquire snow removal equipment (snow Crosse under section 158.23 of part 158. the Revenue From a Passenger Facility broom), expand snow removal FOR FURTHER INFORMATION CONTACT: Ms. Charge at Toledo Express Airport, equipment building, rehabilitate runway Sandra E. DePottey, Program Manager, Toledo, OH Minneapolis Airports District Office, 12/30, terminal apron expansion and AGENCY: Federal Aviation 6020 28th Avenue South, Room 102, loading bridge installation. Class or Administration (FAA), DOT. Minneapolis, MN 55450, 612–713–4363. classes of air carriers which the public ACTION: The application may be reviewed in Notice of intent to rule on agency has requested not be required to application. collect PFCs: Air taxi operators. person at this same location. Any person may inspect the SUPPLEMENTARY INFORMATION: The FAA SUMMARY: The FAA proposes to rule and application in person at the FAA office proposes to rule and invites public invites public comment on the
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application to impose and use the Class or classes of air carriers, which previously provided to the Western revenue from a Passenger Facility the public agency has requested to be Reserve Port Authority under section Charge (PFC) at Toledo Express Airport required to collect PFCs: Non 158.23 of part 158. under the provisions of 49 U.S.C. 40117 scheduled/on-demand air taxi operators FOR FURTHER INFORMATION CONTACT: Ms. and part 158 of the Federal Aviation (ATCO) filing FAA Form 1800–31. Arlene B. Draper, Program Manager, Any person may inspect the Regulations (14 CFR part 158). Federal Aviation Administration, application in person at the FAA office DATES: Comments must be received on Detroit Airports District Office, Willow listed above under FOR FURTHER or before August 19, 2002. Run Airport, East, 8820 Beck Road, INFORMATION CONTACT. In addition, any ADDRESSES: Comments on this Belleville, Michigan 48111, 734–487– person may, upon request, inspect the application may be mailed or delivered 7282. The application may be reviewed application, notice and other documents in triplicate to the FAA at the following in person at this same location. address: Federal Aviation germane to the application in person at SUPPLEMENTARY INFORMATION: The FAA Administration, Detroit Airports District the Toledo Lucas County Port proposes to rule and invites public Office, Willow Run Airport, East, 8820 Authority. comment on the application to impose Beck Road, Belleville, Michigan 48111. Issued in Des Plaines, Illinois on July 11, and use the revenue from a PFC at The application may be reviewed in 2002. Youngstown-Warren Regional Airport person at this location. Mark McClardy, under the provisions of the 49 U.S.C. In addition, one copy of any Manager, Planning and Programming Branch comments submitted to the FAA must Airports Division, Great Lakes Region. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158). be mailed or delivered to Mr. Paul L. [FR Doc. 02–18210 Filed 7–18–02; 8:45 am] Toth, Director of Toledo Express Airport BILLING CODE 4910–13–M On July 2, 2002, the FAA determined at the following address: Toledo-Lucas that the application to impose and use County Port Authority, 11013 Airport the revenue from a PFC submitted by Highway, Box 11, Swanton, Ohio 43558. DEPARTMENT OF TRANSPORTATION the Western Reserve Port Authority was Air carriers and foreign air carriers substantially complete within the may submit copies of written comments Federal Aviation Administration requirements of section 158.25 of part previously provided to the Toledo- 158. The FAA will approve or Lucas County Port Authority under Notice of Intent To Rule on Application disapprove the application, in whole or section 158.23 of part 158. 02–03–C–00–YNG To Impose and Use in part, not later than October 22, 2002. the Revenue From a Passenger Facility FOR FURTHER INFORMATION CONTACT: The following is a brief overview of Ms. Charge at Youngstown-Warren the application. Arlene B. Draper, Program Manager, Regional Airport, Youngstown, OH Federal Aviation Administration, Level of the proposed PFC: $4.50. Detroit Airports District Office, Willow AGENCY: Federal Aviation Proposed charge effective date: Run Airport, East, 8820 Beck Road Administration (FAA), DOT. August 1, 2002. Belleville, Michigan 48111, 734–487– ACTION: Notice of intent to rule on Proposed charge expiration date: 7282. The application may be reviewed application. October 1, 2007. in person at this same location. SUMMARY: Total estimated PFC revenue: SUPPLEMENTARY INFORMATION: The FAA The FAA proposes to rule and proposes to rule and invites public invites public comment on the $463,187. comment on the application to impose application to impose and use the Brief description of proposed projects: and use the revenue from a PFC at revenue from a Passenger Facility PFC Program administration, runway Toledo Express Airport under the Charge (PFC) at Youngstown-Warren safety area modification, terminal provisions of 49 U.S.C. 40117 and part Regional Airport under the provisions of sanitary sewer, general aviation apron, 158 of the Federal Aviation Regulations the 49 U.S.C. 40117 and part 158 of the snow removal equipment-blower jet (14 CFR part 158). Federal Aviation Regulations (14 CFR broom, passenger loading bridge, On July 3, 2002, the FAA determined part 158). terminal baggage conveyor, land that the application to impose and use DATES: Comments must be received on acquisition for runway 32 approach. the revenue from a PFC submitted by or before August 19, 2002. Class or classes of air carriers, which Toledo-Lucas County Port Authority ADDRESSES: Comments on this the public agency has requested to be was substantially complete within the application may be mailed or delivered required to collect PFCs: Air taxi/ requirements of section 158.25 of part in triplicate to the FAA at the following commercial operators filing FAA Form 158. The FAA will approve or address: Federal Aviation 1800–31. disapprove the application, in whole or Administration, Detroit Airports District Any person may inspect the in part, not later than October 26, 2002. Office, Willow Run Airport, East, 8820 application in person at the FAA office Level of the proposed PFC: $4.50. Beck Road, Belleville, Michigan 48111. listed above under FOR FURTHER Proposed charge effective date: The application may be reviewed in INFORMATION CONTACT. In addition, any September 1, 2003. person at this location. person may, upon request, inspect the Proposed charge expiration date: In addition, one copy of any application, notice and other documents August 1, 2006. comments submitted to the FAA must germane to the application in person at Total estimated PFC revenue: be mailed or delivered to Mr. Thomas P. the Western Reserve Port Authority. $3,921,997. Nolan, Airport Director of the Brief description of proposed projects: Youngstown-Warren Regional Airport at Issued in Des Plaines, Illinois on July 11, Terminal roadway reconstruction, the following address: Youngstown- 2002. reconstruct air carrier, purchase snow Warren Regional Airport, 1453 Mark McClardy, removal equipment, terminal Youngstown-Kingsville Road, N.E., Manager, Planning and Programming renovations, replace aircraft rescue and Vienna, Ohio 44473–9797. Airports Division, Great Lakes Region. fire fighting equipment, jet way Air carriers and foreign air carriers [FR Doc. 02–18211 Filed 7–18–02; 8:45 am] replacement, taxiway D extension. may submit copies of written comments BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Suite 800, Washington, DC 20024. Persons needing further information or Federal Highway Administration Federal Highway Administration who request to speak at this meeting should contact Debbie M. Busch at ITS Environmental Impact Statement Intelligent Transportation Society of AMERICA by telephone at (202) 484– Withdrawal; Washtenaw County, MI America; Public Meeting 2904 or by FAX at (202) 484–3483. The AGENCY: Federal Highway DOT contact is Kristy Frizzell, FHWA, AGENCY: Federal Highway Administration (FHWA), DOT. HOIT, Washington, D.C. 20590, (202) Administration (FHWA), DOT. ACTION: Notice of public meeting. 366–0722. Office hours are from 8:30 ACTION: Notice of intent withdrawal. a.m. to 5 p.m., e.t., Monday through SUMMARY: The Intelligent Transportation Friday, except for legal holidays. Society of America (ITS AMERICA) will SUMMARY: On August 27, 1992, the (23 U.S.C. 315; 49 CFR 1.48) hold a meeting of its Board of Directors Federal Highway Administration issued Issued on: July 15, 2002. on Tuesday, August 20, 2002. The a Notice of Intent to prepare an Jeffrey F. Paniati, meeting runs from 8:30 a.m. to 1:30 p.m. Environmental Impact Statement (EIS) The session includes the following Acting Associate Administrator, Office of for the proposed reconstruction of US– Operations, Federal Highway Administration, items: (1) Call to Order; (2) Welcome, 12 from the east city limit of Saline to and Acting Director, ITS Joint Program Office, introductions, ITS America antitrust Munger Road in Washtenaw County, U.S. Department of Transportation. policy, conflict of interest statements; Michigan. This was updated on October [FR Doc. 02–18217 Filed 7–18–02; 8:45 am] (3) Consent Agenda: (a) Approval of 15, 2001. The proposed project involved BILLING CODE 4910–22–P Minutes from May 2, 2002 Board the study of alternatives for the Meeting; (b) Federal Report; (c) Finance widening and reconstruction of the Committee Report; (d) Approval of DEPARTMENT OF TRANSPORTATION existing roadway. The Federal Highway Bylaw Changes; (e) Homeland Security Administration is issuing this Notice to Task Force; (f) TEA–21 Reauthorization Maritime Administration withdraw its’ original Notice of Intent Task Force Report; (g) Council Reports: dated August 27, 1992 and update of Coordinating Council; International Reports, Forms and Recordkeeping October 15, 2001. Affairs; State Chapters; and Executive Requirements; Agency Information SUPPLEMENTARY INFORMATION: Forum for Business and Trade Report; Collection Activity Under OMB Review Preliminary studies were undertaken (4) Chairman’s Report; (5) President’s AGENCY: Maritime Administration, DOT. which resulted in developing several Report; (6) Committee Appointments; ACTION: Notice and request for (7) Dues and Revenue Task Force alternatives to accommodate travel comments. demand in the US–12 corridor. Public Report; and (8) DOT Program Advice; meetings were held to gather Proposed Intelligent Vehicle Initiative SUMMARY: In compliance with the information and help shape the Advice Letter to U.S. DOT; (9) US DOT Paperwork Reduction Act of 1995 (44 alternatives. A report was prepared on Program Advice: Homeland Security U.S.C. 3501 et seq.), this notice the Illustrative Alternative Evaluation Supplement to 10-year ITS Program announces that the Information Results. This report recommended the Plan; (10) Joint ‘‘Future of ITS’’ Collection abstracted below has been elimination from further consideration brochure by ITS America, ERTICO and forwarded to the Office of Management the alternatives that included ITS Asia-Pacific; (11) Board Retreat and Budget (OMB) for review and realignment of the roadway, and Action Items; (12) New Business; (13) comment. The nature of the information carrying forward only those alternatives Future Executive Committee & Board collection is described as well as its that utilize significant portions of the Meeting Schedule; (14) Adjournment. expected burden. The Federal Register existing US–12 right-of-way. It was ITS AMERICA provides a forum for Notice with a 60-day comment period concluded that it is unlikely for the national discussion and soliciting comments on the following remaining alternatives to cause recommendations on ITS activities collection of information was published significant environmental impacts. As a including programs, research needs, on April 10, 2002. No comments were result, the Federal Highway strategic planning, standards, received. Administration had determined that an international liaison, and priorities. DATES: Comments must be submitted on The charter for the utilization of ITS environmental impact statement is no or before August 19, 2002. AMERICA establishes this organization longer needed. In lieu of an EIS, the FOR FURTHER INFORMATION CONTACT: Federal Highway Administration and as an advisory committee under the Federal Advisory Committee Act Kenneth Kline, Maritime the Michigan Department of Administration, 400 Seventh Street, Transportation are reclassifying the (FACA) 5 U.S.C. app. 2, when it provides advice or recommendations to Southwest, Washington, DC. Telephone: project as a Class III Action requiring 202–366–5744; Fax: 202–366–7901 or e- the development of an Environmental DOT officials on ITS policies and programs. (56 FR 9400, March 6, 1991). mail: [email protected]. Assessment. Should it be determined Copies of this collection can also be DATES: during this process that an EIS is The Board of Directors of ITS obtained from that office. needed for a proposed project, one will AMERICA will meet on Tuesday, SUPPLEMENTARY INFORMATION: August 20, 2002, from 8 a.m.–1:30 p.m. Maritime be prepared following a new Notice of Administration (MARAD). Intent. ADDRESSES: Hilton Palacio del Rio, 200 Title: Application for Construction South Alamo, San Antonio, Texas Issued on: July 8, 2002. Reserve Fund and Annual Statements. 78205. Phone: (210) 222–1400 and Fax: OMB Control Number: 2133–0032. James A. Kirschensteiner, (210) 270–0761. Type of Request: Extension of Asst. Division Administrator, Lansing, FOR FURTHER INFORMATION CONTACT: currently approved collection. Michigan. Materials associated with this meeting Affected Public: Owners or operators [FR Doc. 02–18227 Filed 7–18–02; 8:45 am] may be examined at the offices of ITS of vessels in the U.S. domestic or BILLING CODE 4910–22–M AMERICA, 400 Virginia Avenue SW, foreign commerce.
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Form(s): None. the Coastwise Trade Laws for the vessel parties. Comments should refer to the Abstract: In accordance with section WAVE DANCER. docket number of this notice and the 511 of the Merchant Marine Act of 1936, vessel name in order for MARAD to as amended, all citizens who own or SUMMARY: As authorized by Pub. L. 105– properly consider the comments. operate vessels in the U.S. domestic or 383, the Secretary of Transportation, as Comments should also state the foreign commerce and desire ‘‘tax’’ represented by the Maritime commenter’s interest in the waiver benefits under the Construction Reserve Administration (MARAD), is authorized application, and address the waiver Fund (CRF) program, are required to to grant waivers of the U.S.-build criteria given in § 388.4 of MARAD’S submit to MARAD an application for requirement of the coastwise laws under regulations at 46 CFR part 388. benefits. The annual statement provided certain circumstances. A request for such a waiver has been received by Vessel Proposed for Waiver of the U.S.- to MARAD officials sets forth a detailed Build Requirement analysis of the CRF when each income MARAD. The vessel, and a description tax return is filed. The application is of the proposed service, is listed below. (1) Name of vessel and owner for required in order for MARAD to Interested parties may comment on the which waiver is requested. Name of determine whether the applicant is effect this action may have on U.S. vessel: WAVE DANCER. Owner: Glenn qualified for the benefits, and the vessel builders or businesses in the U.S. M. Glesmann and William S. Kenney. annual statements are required in order that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of for MARAD to assure that the determines that in accordance with Pub. vessel. According to the applicant: requirements of the program are being L. 105–383 and MARAD’s regulations at ‘‘Gross Tonnage—9, Net Tonnage—8, satisfied. 46 CFR part 388 (65 FR 6905; February Length—30.3 ft., Breadth—11.7 ft., Annual Estimated Burden Hours: 189 11, 2000) that the issuance of the waiver Depth—5.6 ft.’’ (3) Intended use for vessel, including hours. will have an unduly adverse effect on a geographic region of intended operation Addresses: Send comments to the U.S.-vessel builder or a business that and trade. According to the applicant: ‘‘I Office of Information and Regulatory uses U.S.-flag vessels, a waiver will not intend to use the vessel for short Affairs, Office of Management and be granted. charters (mostly day sails) carrying up Budget, 725 17th Street, NW., DATES: Submit comments on or before to six passengers. Charters would Washington, DC 20503, Attention August 19, 2002. originate in the waters of Cape Ann, MARAD Desk Officer. ADDRESSES: Comments should refer to Massachusetts, including the towns of Comments Are Invited On: (a) docket number MARAD–2002–12834. Written comments may be submitted by Rockport, Gloucester, and Essex. The Whether the proposed collection of purpose of these charters is to provide information is necessary for the proper hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, an opportunity for passengers to enjoy performance of the functions of the the local waters on a seaworthy sailing agency, including whether the Department of Transportation, 400 7th St., SW., Washington, DC 20590–0001. vessel with an experienced and licensed information will have practical utility; captain (Glen M. Glesmann, USCG (b) the accuracy of the agency’s estimate You may also send comments electronically via the Internet at http:// Master 50 tons Inland Waters).’’ of the burden of the proposed (4) Date and Place of construction and dmses.dot.gov/submit/. All comments information collection; (c) ways to (if applicable) rebuilding. Date of will become part of this docket and will enhance the quality, utility and clarity construction: 1984. Place of be available for inspection and copying of the information to be collected; and construction: St. Catherine’s, Ontario, at the above address between 10 a.m. (d) ways to minimize the burden of the Canada. collection of information on and 5 p.m., E.T., Monday through (5) A statement on the impact this respondents, including the use of Friday, except federal holidays. An waiver will have on other commercial automated collection techniques or electronic version of this document and passenger vessel operators. According to other forms of information technology. all documents entered into this docket the applicant: ‘‘Currently, there are few A comment to OMB is best assured of is available on the World Wide Web at operators of sailing vessels carrying having its full effect if OMB receives it http://dms.dot.gov. passengers in the Cape Ann area. I know within 30 days of publication. FOR FURTHER INFORMATION CONTACT: of a 65 foot schooner operating out of Issued in Washington, DC, on July 15, Kathleen Dunn, U.S. Department of Gloucester (The Thomas Lannon), 2002. Transportation, Maritime carrying up to 49 passengers. A smaller Joel C. Richard, Administration, MAR–832 Room 7201, sailing vessel named CHRISSY 400 Seventh Street, SW., Washington, Secretary, Maritime Administration. advertises for day trips out of Essex for DC 20590. Telephone 202–366–2307. [FR Doc. 02–18302 Filed 7–18–02; 8:45 am] up to six passengers. The vast majority SUPPLEMENTARY INFORMATION: Title V of BILLING CODE 4910–81–P of operators in the area cater to fishing, Pub. L. 105–383 provides authority to whale watching or harboring tours on the Secretary of Transportation to motorized crafts. DEPARTMENT OF TRANSPORTATION administratively waive the U.S.-build Because there are so few operators of requirements of the Jones Act, and other commercial sailing craft in the area, I Maritime Administration statutes, for small commercial passenger believe me impact on existing would be vessels (no more than 12 passengers). negligible. My charter operation would [Docket Number: MARAD–2002–12834] This authority has been delegated to the be a part-time pursuit, further lessening Maritime Administration per 49 CFR the impact on full-time operators.’’ Requested Administrative Waiver of 1.66, Delegations to the Maritime (6) A statement on the impact this the Coastwise Trade Laws Administrator, as amended. By this waiver will have on U.S. shipyards. notice, MARAD is publishing According to the applicant: ‘‘I believe AGENCY: Maritime Administration, information on a vessel for which a that granting this waiver would have no Department of Transportation. request for a U.S.-build waiver has been impact on US shipyards. Only a tiny ACTION: Invitation for public comments received, and for which MARAD fraction of boats of my type find their on a requested administrative waiver of requests comments from interested way into commercial use. US
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manufacturers of auxiliary sailing is available on the World Wide Web at (6) A statement on the impact this vessels cater to the vast recreational http://dms.dot.gov. waiver will have on U.S. shipyards. market with little concern for FOR FURTHER INFORMATION CONTACT: According to the applicant: ‘‘None.’’ commercial use vessels.’’ Kathleen Dunn, U.S. Department of Dated: July 15, 2002. Dated: July 15, 2002. Transportation, Maritime By Order of the Maritime Administrator. By Order of the Maritime Administrator. Administration, MAR–832 Room 7201, Joel C. Richard, Joel C. Richard, 400 Seventh Street, SW., Washington, Secretary, Maritime Administration. Secretary, Maritime Administration. DC 20590. Telephone 202–366–2307. [FR Doc. 02–18300 Filed 7–18–02; 8:45 am] [FR Doc. 02–18299 Filed 7–18–02; 8:45 am] SUPPLEMENTARY INFORMATION: Title V of BILLING CODE 4910–81–P BILLING CODE 4910–81–P Pub. L. 105–383 provides authority to the Secretary of Transportation to administratively waive the U.S.-build DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION requirements of the Jones Act, and other statutes, for small commercial passenger Maritime Administration Maritime Administration vessels (no more than 12 passengers). [Docket Number: MARAD–2002–12833] This authority has been delegated to the [Docket Number: MARAD–2002–12832] Maritime Administration per 49 CFR Requested Administrative Waiver of 1.66, Delegations to the Maritime Requested Administrative Waiver of the Coastwise Trade Laws Administrator, as amended. By this the Coastwise Trade Laws notice, MARAD is publishing AGENCY: Maritime Administration, AGENCY: Maritime Administration, information on a vessel for which a Department of Transportation. Department of Transportation. request for a U.S.-build waiver has been ACTION: Invitation for public comments ACTION: Invitation for public comments received, and for which MARAD on a requested administrative waiver of on a requested administrative waiver of requests comments from interested the Coastwise Trade Laws for the vessel the Coastwise Trade Laws for the vessel parties. Comments should refer to the AMISTAD. FLIGHT. docket number of this notice and the SUMMARY: As authorized by Pub. L. 105– vessel name in order for MARAD to SUMMARY: As authorized by Pub. L. 105– 383, the Secretary of Transportation, as properly consider the comments. 383, the Secretary of Transportation, as represented by the Maritime Comments should also state the represented by the Maritime Administration (MARAD), is authorized commenter’s interest in the waiver Administration (MARAD), is authorized to grant waivers of the U.S.-build application, and address the waiver to grant waivers of the U.S.-build requirement of the coastwise laws under criteria given in § 388.4 of MARAD’s requirement of the coastwise laws under certain circumstances. A request for regulations at 46 CFR part 388. certain circumstances. A request for such a waiver has been received by Vessel Proposed for Waiver of the U.S.- such a waiver has been received by MARAD. The vessel, and a description Build Requirement MARAD. The vessel, and a description of the proposed service, is listed below. of the proposed service, is listed below. Interested parties may comment on the (1) Name of vessel and owner for Interested parties may comment on the effect this action may have on U.S. which waiver is requested. Name of effect this action may have on U.S. vessel builders or businesses in the U.S. vessel: FLIGHT. Owner: Flight Holding vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD Corp. that use U.S.-flag vessels. If MARAD determines that in accordance with Pub. (2) Size, capacity and tonnage of determines that in accordance with Pub. L. 105–383 and MARAD’s regulations at vessel. According to the applicant: L. 105–383 and MARAD’s regulations at 46 CFR part 388 (65 FR 6905; February ‘‘59.3 ft.; Sloop rigged cruising sailing, 46 CFR part 388 (65 FR 6905; February 11, 2000) that the issuance of the waiver beam 16.2, draft 9.0; Tonnage: gross 43, 11, 2000) that the issuance of the waiver will have an unduly adverse effect on a net 38.’’ will have an unduly adverse effect on a U.S.-vessel builder or a business that (3) Intended use for vessel, including U.S.-vessel builder or a business that uses U.S.-flag vessels, a waiver will not geographic region of intended operation uses U.S.-flag vessels, a waiver will not be granted. and trade. According to the applicant: be granted. DATES: Submit comments on or before ‘‘Charter with captain in coastal waters DATES: Submit comments on or before August 19, 2002. of East Coast of United States.’’ August 19, 2002. ADDRESSES: Comments should refer to (4) Date and Place of construction and ADDRESSES: Comments should refer to docket number MARAD–2002–12833. (if applicable) rebuilding. Date of docket number MARAD–2002–12832. Written comments may be submitted by construction: 1990. Place of Written comments may be submitted by hand or by mail to the Docket Clerk, construction: Tan Shui Taipei, Republic hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, of China. U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th (5) A statement on the impact this Department of Transportation, 400 7th St., SW., Washington, DC 20590–0001. waiver will have on other commercial St., SW., Washington, DC 20590–0001. You may also send comments passenger vessel operators. According to You may also send comments electronically via the Internet at http:// the applicant: electronically via the Internet at http:// dmses.dot.gov/submit/. All comments ‘‘a. Statement of impact on other dmses.dot.gov/submit/. All comments will become part of this docket and will commercial passenger vessel operators: will become part of this docket and will be available for inspection and copying None anticipated. be available for inspection and copying at the above address between 10 a.m. b. Statement of operations of existing at the above address between 10 a.m. and 5 p.m., E.T., Monday through operators: Existing charter operators and 5 p.m., E.T., Monday through Friday, except federal holidays. An offer a wide variety of dissimilar sail Friday, except federal holidays. An electronic version of this document and and power charter boats, with strong electronic version of this document and all documents entered into this docket seasonal demand.’’ all documents entered into this docket
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is available on the World Wide Web at the applicant: ‘‘This waiver will have no for, and the processing of, exemptions http://dms.dot.gov. negative impact on other commercial from the Department of Transportation’s FOR FURTHER INFORMATION CONTACT: passenger vessel operators. While there Hazardous Materials Regulations (49 Kathleen Dunn, U.S. Department of are a number of wooden sailing vessels CFR part 107, subpart B), notice is Transportation, Maritime offering cruises operating out of the hereby given that the Office of Administration, MAR–832 Room 7201, northern Chesapeake Bay, I believe they Hazardous Materials Safety has received 400 Seventh Street, SW., Washington, are larger passenger vessels, carrying the applications described herein. This DC 20590. Telephone 202–366–2307. more than 12 passengers. notice is abbreviated to expedite SUPPLEMENTARY INFORMATION: Title V of I hope the waiver will have positive docketing and public notice. Because Pub. L. 105–383 provides authority to impact on the larger industry in the the sections affected, modes of the Secretary of Transportation to area. By expanding the availability of transportation, and the nature of administratively waive the U.S.-build sailing trips to smaller groups, it should application have been shown in earlier requirements of the Jones Act, and other help increase the local market for sailing Federal Register publications, they are statutes, for small commercial passenger cruises. In addition, I have listed the not repeated here. Requests for vessels (no more than 12 passengers). vessel with the State of Maryland’s modifications of exemptions (e.g. to This authority has been delegated to the Department of National Resources as an provide for additional hazardous Maritime Administration per 49 CFR ‘‘Historical Watercraft’’. As the vessel materials, packaging design changes, 1.66, Delegations to the Maritime was designed by a Maryland Naval additional mode of transportation, etc.) Administrator, as amended. By this Architect, I wish to focus my passengers are described in footnotes to the notice, MARAD is publishing on the local tradition of wooden sailing application number. Applications information on a vessel for which a vessels.’’ numbers with the suffix ‘‘M’’ denote a request for a U.S.-build waiver has been (6) A statement on the impact this modification request. These received, and for which MARAD waiver will have on U.S. shipyards. applications have separated from the requests comments from interested According to the applicant: ‘‘This new applications for exemptions to parties. Comments should refer to the waiver should have a positive impact on facilitate processing. docket number of this notice and the U.S. Shipyards, as repairs and DATES: Comments must be received on vessel name in order for MARAD to renovations to this vessel will be made or before August 5, 2002. properly consider the comments. in the U.S. For example, I recently hired Comments should also state the a local builder of wooden boats to do ADDRESS COMMENTS TO: Records Center, commenter’s interest in the waiver some repair and maintenance work on Research and Special Programs, application, and address the waiver the vessel’s hull. In addition, although Administration, U.S. Department of criteria given in § 388.4 of MARAD’s the vessel was built in Japan, it’s Transportation, Washington, DC 20590. regulations at 46 CFR part 388. designer is a local Naval Architect.’’ Comments should refer to the Vessel Proposed for Waiver of the U.S.- Dated: July 15, 2002. application number and be submitted in Build Requirement By Order of the Maritime Administrator. triplicate. If confirmation of receipt of comments is desired, include a self- (1) Name of vessel and owner for Joel C. Richard, addressed stamped postcard showing which waiver is requested. Name of Secretary, Maritime Administration. the exemption number. vessel: AMISTAD. Owner: Seaway Inc. [FR Doc. 02–18301 Filed 7–18–02; 8:45 am] (2) Size, capacity and tonnage of BILLING CODE 4910–81–P FOR FURTHER INFORMATION CONTACT: vessel. According to the applicant: ‘‘34 Copies of the applications are available ft. length, 10.2 ft. Breadth, 7.0 Ft. Depth, for inspection in the Records Center, 12 Gross, 11 Net Tons. The vessel DEPARTMENT OF TRANSPORTATION Nassif Building, 400 4th Street SW., displaces 19,000 lbs.’’ Research and Special Programs Washington, DC or at http:// (3) Intended use for vessel, including dms.dot.gov. geographic region of intended operation Administration This notice is receipt of applications and trade. According to the applicant: ‘‘I Office of Hazardous Materials Safety; for modification of exemptions is intend to use the vessel for carrying six Notice of Applications for Modification published in accordance with Part 107 or fewer passengers for hire in the of Exemption of the Federal hazardous materials Chesapeake Bay and tributaries.’’ transportation law (49 U.S.C. 5117(b); (4) Date and Place of construction and AGENCY: Research and Special Programs 49 CFR 1.53(b)). (if applicable) rebuilding. Date of Administration, DOT. construction: 1967. Place of ACTION: List of applications for Issued in Washington, DC on July 12, 2002. construction: Yokosuka, Japan. modification of exemptions. R. Ryan Posten, (5) A statement on the impact this Exemptions Program Officer, Office of waiver will have on other commercial SUMMARY: In accordance with the Hazardous Materials, Exemptions and passenger vessel operators. According to procedures governing the application Approvals.
Application Docket Modification of No. No. Applicant Exemption
7657ÐM ...... Welker Engineering Company, Sugar Land, TX (See Footnote 1) ...... 7657 8232ÐM ...... National Refrigerants, Inc., Philadelphia, PA (See Footnote 2) ...... 8232 10389ÐM ...... Great Lakes Chemical Corporation, El Dorado, AR (See Footnote 3) ...... 10389 10789ÐM ...... Allied Universal Corporation, Miami, FL (See Footnote 4) ...... 10789 11099ÐM ...... AMKO A Service Company, Gnadenhutten, OH (See Footnote 5) ...... 11099 11202ÐM ...... Newport News Shipbuilding & Dry Dock Company, Newport News, VA (See Foot- 11202 note 6). 11537ÐM ...... Interstate Chemical Company, Inc., Hermitage, PA (See Footnote 7) ...... 11537 11650ÐM ...... Autoliv ASP, Inc., Ogden, UT (See Footnote 8) ...... 11650
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Application Docket Modification of No. No. Applicant Exemption
11753ÐM ...... Ashland, Inc., Columbus, OH (See Footnote 9) ...... 11753 11970ÐM ...... RSPAÐ97Ð2993 ExxonMobil Chemical Company, Houston, TX (See Footnote 10) ...... 11970 12690ÐM ...... RSPAÐ01Ð9656 Air Liquide America Corporation, Houston, TX (See Footnote 11) ...... 12690 12750ÐM ...... RSPAÐ01Ð10121 Questar, Inc., North Canton, OH (See Footnote 12) ...... 12750 12844ÐM ...... RSPAÐ01Ð10753 Delphi Automotive Systems, Troy, MI (See Footnote 13) ...... 12844 12855ÐM ...... RSPAÐ01Ð10914 Kraton Polymers U.S. LLC, Belpre, OH (See Footnote 14) ...... 12855 12917ÐM ...... RSPAÐ02Ð12038 Northwest Ohio Towing & Recovery, Inc., Beaverdam, OH (See Footnote 15) ...... 12917 12981ÐM ...... Airgas, Inc., Cheyenne, WY (See Footnote 16) ...... 12981 (1) To modify the exemption to authorize the transportation of additional Division 2.1 and 2.2 materials in non-DOT specification stainless steel cylinders. (2) To modify the exemption to authorize the transportation of a Division 2.2 material in non-DOT specification portable tanks. (3) To modify the exemption to authorize the transportation of a Division 6.1 and additional Class 8 material in tank cars. (4) To modify the exemption to authorize the retest period from 2 to 5 years for non-DOT specification fully open-head steel salvage cylinders and the use of a 3AA480 cylinder for the transportation of Division 2.3 materials. (5) To modify the exemption to authorize retesting of DOT Specification 3A and 3AA cylinders by acoustic emission (AE) and ultrasonic exam- ination (UE) method for the transportation of Division 2.1 and 2.2 materials. (6) To modify the exemption to authorize the transportation of Division 5.2, 6.1 and additional Division 5.1 materials across a public road via motor vehicle. (7) To modify the exemption to authorize the transportation of an additional Class 8 material in an intermediate bulk container (IBC) that is se- curely mounted to a flatbed trailer. (8) To modify the exemption to authorize an additional design qualification of the non-DOT specification pressure vessel sidewall opening for the transportation of Division 2.2 materials. (9) To modify the exemption to authorize the use of a 300 kpa rated container for the transportation of a Class 8 material. (10) To modify the exemption to authorize the use of alternative size non-DOT specification steel portable tanks for the transportation of a Divi- sion 4.2 material. (11) To modify the exemption to authorize cargo vessel as an additional mode for the transportation of a Division 2.3 material in DOT Speci- fications 3AA steel cylinders. (12) To modify the exemption to authorize an additional 11HH2 Rigid Combination Intermediate Bulk Container (IBC) marking code for use as outer packaging for lab pack applications transporting various Class and Division materials. (13) To modify the exemption to authorize relief from the requirement for each non-DOT specification pressure vessel longitudinal weld seam to be 100% radiographically inspected for the transportation of Division 2.2 materials. (14) To reissue the exemption originally issued on an emergency basis for the transportation of non-DOT specification pressure vessels con- taining a Class 3 material. (15) To reissue the exemption originally issued on an emergency basis for the transportation of Class 3 materials in non-DOT specification cargo tanks (aviation refuelers). (16) To reissue the exemption originally issued on an emergency basis for the transportation of a Division 2.2 material in DOT Specification MCÐ330 and MCÐ331 cargo tank motor vehicles with an alternate means to shut down the flow of product.
[FR Doc. 02–18208 Filed 7–18–02; 8:45am] hereby given that the Office of addressed stamped postcard showing BILLING CODE 4910–60–M Hazardous Materials Safety has received the exemption application number. the applications described herein. Each FOR FURTHER INFORMATION CONTACT: mode of transportation for which a Copies of the applications (See Docket DEPARTMENT OF TRANSPORTATION particular exemption is requested is Number) are available for inspection at indicated by a number in the ‘‘Nature of the New Docket Management Facility, Research and Special Programs Application’’ portion of the table below Administration PL–401, at the U.S. Department of as follows: 1—Motor vehicle, 2—Rail Transportation, Nassif Building, 400 7th Office of Hazardous Materials Safety; freight, 3—Cargo vessel, 4—Cargo Street SW., Washington, DC 20590 or at Notice of Applications for Exemptions aircraft only, 5—Passenger-carrying http://dms.dot.gov. aircraft. This notice of receipt of applications AGENCY: Research and Special Programs DATES: Comments must be received on Administration, DOT. for new exemptions is published in or before August 19, 2002. accordance with Part 107 of the Federal ACTION: List of applicants for hazardous materials transportation law exemptions. ADDRESS COMMENTS TO: Records Center, Research and Special Programs (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUMMARY: In accordance with the Administration, U.S. Department of Issued in Washington, DC, on July 12, procedures governing the application Transportation, Washington, DC 20590. 2002. for, and the processing of, exemptions Comment should refer to the R. Ryan Posten, from the Department of Transportation’s application number and be submitted in Exemptions Program Officer, Office of Hazardous Materials Regulations (49 triplicate. If confirmation of receipt of Hazardous Materials, Exemptions and CFR part 107, subpart B), notice is comments is desired, include a self- Approvals.
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NEW EXEMPTIONS
Application Docket No. No. Applicant Regulation(s) affected Nature of exemption thereof
13046ÐN ...... Consani Engineering, 49 CFR 178.245Ð1(a) ...... To authorize the manufactue, marking, sale Elsies River, South and use of certain DOT Specification 51 Africa. steel portable permanently fixed within ISO frames designed in accordance with Sec- tion VIII, Division II of the ASME Code in- stead of Section VIII, Division 1 for use in transporting Division 2.1, 2.2 an 2.3 haz- ardous materials. (modes 1, 2, 3) 13047ÐN ...... Brenntag Mid-South, 49 CFR 173.34(d), 179.300Ð12(b), To authorize the transportation of cylinders Inc., Henderson, KY. 179.300Ð13(a), 179.300Ð14. containing hazardous materials equipped with emergency A&B kits. (mode 1) 13048ÐN ...... Department of Energy/ 49 CFR 173.244 ...... To authorize the one-time, one-way transpor- Richland Operations tation in commerce of a non-DOT specifica- Office, Richland, WA. tion containment system for waste disposal. (mode 1) 13049ÐN ...... Honeywell Inter- 49 CFR 177.834(i)(3) ...... To authorize cargo tanks to remain connected national Inc., Morris- while standing without the physical pres- town, NJ. ence of an unloader. (mode 1) 13050ÐN ...... Honeywell Inter- 49 CFR 172.704(c) ...... To authorize the transportation in commerce national, Morristown, of cylinders containing Division 2.3 haz- NJ. ardous materials to transported with alter- native labels. (modes 1, 2, 3) 13051ÐN ...... IBC Product Group of 49 CFR 107.601, 171.2(a) & (b), To authorize the transportation in commerce the Reusable Indus- 172 Subpart G, 172.202, of certain emptied intermediate bulk con- trial Assoc, Land- 172.204, 172.504. tainers (IBCs) for purposes of recondi- over, MD. tioning, remanufacturing, repair, routine maintenance, or recertification with a modi- fied shipping document and no placarding. (mode 1) 13052ÐN ...... Questar, Inc., North 49 CFR 172.301(a), 172.301(c), To authorize the manufacture, marking, sale Canton, OH. 172.400(a), 173.173(b)(2), and use of UN 11G fiberboard intermediate 173.242. bulk containers for use as the outer pack- aging for certain waste paints and waste paint related material, Class 3 in 5 gallon pails. (mode 1) 13053ÐN ...... Honeywell Inter- 49 CFR 174.67(i) & (j)...... To authorize rail cars to remain connected national Inc., Morris- while standing without the physical pres- town, NJ. ence of an unloader. (mode 2) 13054ÐN ...... CHS Transportation, 49 CFR 173.315(e) ...... To authorize the transportation in commerce Mason City, IA. of MC330 & MC331 cargo tanks equipped with an alternative gauging device for use in transporting Division 2.1 and 2.2 mate- rial. (mode 1) 13055ÐN ...... Stenstrom Petroleum, 49 CFR 172.504(c)(1)(d) ...... To authorize the transportation in commerce Equipment Group, of specially designed equipment with resid- Rockford, IL. ual amounts of hazardous materials to be transported without placarding. (mode 1) 13056ÐN ...... American Type Culture 49 CFR 172, Subpart C, 173.134 To authorize the transportation in commerce Collection (ATCC), of certain infectious substances in special Manassas, Va. packagings. (mode 1) 13057ÐN ...... MINTEQ International 49 CFR 172 Subparts D, E & F, To authorize the transportation in commerce Inc. Eastern, PA. 173.24(c) Subparts E & F of of metal tubing containing hazardous mate- Part 173. rials to be transported with minimal regula- tion. (modes 1, 2, 3) 13059ÐN ...... GE Plastics, Burkville, 49 CFR 177.834(i)(3) ...... To authorize cargo tanks to remain connected AL. while standing without the physical pres- ence of an unloader. (mode 1) 3060ÐN ...... Spence Engineering 49 CFR Parts 171Ð180 ...... To authorize the manufacture, mark, sale and Company, Inc., Wal- use of specially designed equipment con- den, NY. taining various limited quantities of haz- ardous materials with minimal regulation. (modes 1, 3, 4) 13061ÐN ...... Dow AgroSciences 49 CFR 172.302(a), 172.504(a) .... To authorize the transportation in commerce L.L.C., Indianapolis, of Division 6.1 liquid fumigants in non-DOT IN. specification cargo tanks equipped with an alternative pressure relief system. (mode 1)
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NEW EXEMPTIONS—Continued
Application Docket No. No. Applicant Regulation(s) affected Nature of exemption thereof
13062ÐN ...... Safety-Kleen (BDT), 49 CFR 173.40(c)(2) ...... To authorize the transportation in commerce Inc., Columbia, SC. of non-DOT specification cylinders filled with a Division 2.3 Inhalation Hazard Zone A, material or a Division 6.1 material. (mode 1) 13063ÐN ...... Air Products Polymers, 49 CFR 174.67(i) & (j) ...... To authorize the transportation in commerce L.P., Dayton, NJ. of rail cars containing Class 3 hazardous materials to remain connected while stand- ing without the physical presence of an unloader. (mode 2) 13064ÐN ...... Pressed Steel Tank 49 CFR 173.300a, 173.34(e) ...... To authorize the manufacture, marking, sale Co., Milwaukee, WI. and use of a non-DOT specification cylinder for use in transporting Division 2.3 haz- ardous materials. (modes 1, 2, 3)
[FR Doc. 02–18228 Filed 7–18–02; 8:45 am] Ellington Field. Because the Mr. Phil Johnson, U.S. Coast Guard, BILLING CODE 4910–60–M construction and operation of this (504) 589–2965. project has the potential to result in Ms. Nan Terry, Federal Aviation significant environmental impacts, the Administration, (817) 222–5607. DEPARTMENT OF TRANSPORTATION Board’s Section of Environmental Ms. Perri Fox, National Aeronautics and Analysis (SEA) determined that the Space Administration, (281) 483– Surface Transportation Board preparation of an Environmental Impact 3157. This document is available in English [Finance Docket No. 34079] Statement (EIS) is appropriate. To help determine the scope of the EIS, and as and Spanish at the repositories listed San Jacinto Rail Limited— required by the Board’s regulations at 49 below or by calling the toll-free number Construction Exemption—And The CFR 1105.10(a)(2), SEA published in the at 1–888–299–7857. In addition, a set of Burlington Northern and Santa Fe Federal Register and made available to frequently asked questions in English Railway Company—Operation the public on November 26, 2001, the and Spanish is provided as Attachment 1 Exemption—Build-Out to the Bayport Notice of Availability of Draft Scope of B for quick reference. Loop Near Houston, Harris County, TX Study for the EIS, Notice of Scoping San Jacinto College, Central Campus Meetings, and Request for Comments. Library, 8060 Spencer Highway, AGENCIES: Lead: Surface Transportation SEA held four public scoping meetings Pasadena, TX 77505, (281) 476–1850. San Jacinto College, North Campus Board. Cooperating: U.S. Coast Guard, at the Pasadena Convention Center on Library, 5800 Uvalde Street, Houston, Federal Aviation Administration, January 14 and 15, 2002. The scoping National Aeronautics and Space TX 77015, (281) 459–7116. comment period originally concluded San Jacinto College, South Campus, Administration. February 1, 2002, but, in response to ACTION: Notice of availability of final 13735 Beamer Road, Houston, TX requests, SEA extended the scoping 77089, (281) 922–3416. scope of study for the Environmental period an additional 30 days, to March Impact Statement (EIS). University of Houston, Clear Lake 14, 2002. During the scoping comment Campus, Alfred Neumann Library, period, the U.S. Coast Guard (USCG), SUMMARY: On August 30, 2001, San 2700 Bay Area Boulevard, Houston, the Federal Aviation Administration Jacinto Rail Limited (SJRL) and The TX 77058, (281) 283–3930. (FAA), and the National Aeronautics Burlington Northern and Santa Fe Freeman Memorial Branch Library, and Space Administration (NASA) Railway (BNSF) (referred to collectively 16602 Diana Lane, Houston, TX requested cooperating agency status in as the Applicants) filed a petition with 77062, (281) 488–1906. the preparation of the EIS. After review the Surface Transportation Board Harris County Public Library, Evelyn and consideration of all comments (Board) pursuant to 49 U.S.C. 10502 for Meador Branch, 2400 N. Meyer Road, received, this notice sets forth the Final authority for construction by SJRL and Seabrook, TX 77586, (281) 474–9142. Scope of the EIS. The Final Scope operation by BNSF of a new rail line Harris County Public Library, South adopts the Draft Scope, which is near Houston, Harris County, Texas. Houston Branch, 607 Avenue A, provided as Attachment A, and reflects The project would involve construction South Houston, TX 77587, (713) 941– any changes to the Draft Scope as a of approximately 12.8 miles of new rail 2385. result of the comments, summarizes and line to serve the petro-chemical Pasadena Public Library, Fairmont addresses the principal environmental industries in the Bayport Industrial Branch, 4330 Fairmont Pkwy, concerns raised by the comments, and District (Bayport Loop). Trains operating Pasadena, TX 77504, (713) 998–1095. briefly discusses pertinent issues Pasadena Public Library, Main Branch, over the new rail line would originate concerning this project that further 1201 Jeff Ginn Memorial, Pasadena, at BNSF’s New South Yard and operate clarify the Final Scope. TX 77506, (713) 477–0276. via trackage rights over the Union Deer Park Public Library, 3009 Center FOR FURTHER INFORMATION CONTACT: Pacific Railroad Company’s (UP) Ms. Street, Deer Park, TX 77536–7099, Glidden Subdivision and UP’s Dana White, SEA Project Manager, toll- (281) 478–7208. Galveston Subdivision, also known as free at 1–888–229–7857 (TDD for the the former Galveston, Henderson, and hearing impaired 1–800–877–8339). The 1 In addition, SEA has distributed extra copies ot Houston Railroad (GH&H) line, to the Web site for the Surface Transportation numerous community groups that have previously beginning of the new rail line near Board is http://www.stb.dot.gov. distributed project information from SEA.
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Houston Public Library, 500 McKinney competitive situation provided for by alternatives include those that are Avenue, Houston, TX 77002, (713) the Board’s condition by utilizing practical or feasible from the technical 247–2222. trackage rights over the former GH&H and economic standpoint and using Park Place Regional Library, 8145 Park line and constructing a rail line into the common sense * * *.’’ In the EIS, the Place Blvd, Houston, TX 77017, (832) Bayport Loop. agencies are considering a full range of 393–1970. BNSF would operate on average one alternatives that meet the purpose and Patricio Flores Library, 110 North Milby train each way per day comprising 36 to need of the project, as well as the No- Street, Houston, TX 77003, (832) 393– 66 railcars, totaling 13,000 to 24,000 Action Alternative. Some alternatives 1780. loaded railcars per year. The majority of have been dismissed from further Melcher Branch Library, 7200 Keller, the railcars would contain plastic analysis because they have been Houston, Texas 77012, (832) 393– pellets. Approximately 1,500 to 7,000 determined to be infeasible or because 2480. tank cars each year would contain the agencies consider them to be Bracewell Branch Library, 10115 hazardous materials or other environmentally inferior to other Kleckley, Houston, Texas 77075, (832) miscellaneous inbound and outbound alternatives under consideration. The 393–2580. commodities. EIS will include a brief discussion of the SUPPLEMENTARY INFORMATION: Environmental Review Process reasons for eliminating certain Background The Board is the lead agency, alternatives from detailed analysis. The Bayport Loop consists of pursuant to 40 CFR 1501.5. SEA is SEA and the agencies will prepare a approximately 24 shipper facilities. UP responsible for ensuring that the Board Draft EIS (DEIS) for the Proposed is the only railroad serving the Bayport complies with the National Action. The DEIS will address those Loop. UP acquired the existing Bayport Environmental Policy Act (NEPA), 42 environmental issues and concerns Loop trackage in its merger with the U.S.C. 4321–4335, and related identified during the scoping process Southern Pacific Rail Corporation (SP) environmental statutes. SEA is the office and detailed in the Scope of Study in 1996. In the Board’s final decision within the Board responsible for served November 26, 2001. It will also approving the merger,2 and as a completing the environmental review discuss a reasonable range of condition of the merger approval, the process. ICF Consulting of Fairfax, alternatives to the Proposed Action and Board used its authority to grant Virginia is serving as an independent recommend environmental mitigation trackage rights over former UP lines (but third-party contractor to assist SEA in measures. not former SP lines) to other rail the environmental review process. SEA companies to the extent required to is directing and supervising the In addition, the DEIS will also analyze ensure an equal level of competition to preparation of the EIS. The USCG, FAA, the impacts of the additional traffic from that which existed before the merger. and NASA are cooperating agencies, the Proposed Action over those UP lines The Board’s decision included granting pursuant to 40 CFR 1501.6. If the USCG, to which Applicants may acquire trackage rights to ensure access to FAA, and NASA find the EIS adequate, trackage rights pursuant to the UP/SP competitive build-ins or build-outs. The they will base their decisions on it. The merger condition, namely the Glidden Board stated that this would allow other EIS should include all of the Subdivision and the GH&H line.4 rail companies to replicate the information necessary for decisions by The DEIS will be made available upon competitive options previously the Board and the cooperating agencies its completion for public review and provided by the independent operations (collectively, the agencies). comment. A Final EIS (FEIS) will then of UP and SP. The Board explained in The NEPA environmental review be prepared reflecting the agencies’ its decision that shippers need not process is intended to assist the further analysis and the comments on demonstrate the economic feasibility of agencies and the public to identify and the DEIS. In reaching their future a build-in or build-out proposal under assess the potential environmental decisions on this case, the Board and this condition. consequences of a Proposed Action the cooperating agencies will take into Before the UP/SP merger, the Bayport before a decision on the Proposed account the full environmental record, Loop was solely served by SP. UP Action is taken. The NEPA regulations including the DEIS, the FEIS, and all operated the former GH&H rail line to require the agencies to consider a public and agency comments received. the south of Ellington Field, and had an reasonable range of feasible alternatives opportunity to construct a new rail line to the Proposed Action. The President’s 4 In order to determine the potential impacts over into the Bayport Loop to compete with Council on Environmental Quality the trackage rights lines, SEA must establish the SP. However, when the two companies (CEQ), which oversees the current UP traffic levels. Because UP is not a merged in 1996, this competitive option implementation of NEPA, has stated in participant in this proceeding, and is therefore would have been eliminated but for the Forty Most Asked Questions Concerning beyond the scope of the Board’s jurisdiction here, merger condition noted above. Through CEQ’s National Environmental Policy SEA will use the best available information to the Proposed Action, the Applicants characterize existing conditions on those two lines. Act Regulations that ‘‘[R]easonable Similarly, in analyzing the No-Action Alternative, 3 here are seeking approval to create the SEA will use the best available information to affiliates of four plastics and chemical production characterize existing conditions on the rail lines 2 See Union Pacific/Southern Pacific Merger, 1 companies located in the Bayport Loop. The four that UP currently uses to serve the Bayport Loop S.T.B. 233 (1996). production companies are ATOFINA Petro- and analyze the potential impacts associated with 3 The Applicants are a partnership comprising Chemicals, Inc., Basell USA, Inc., Equistar the decrease in rail traffic on those lines as a result BNSF, BayRail, LLC (wholly owned by BNSF), and Chemicals, LP, and Lyondell Chemical Company. of the Proposed Action.
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Proposed Action and Alternatives visualization of the Proposed Action shippers in the Bayport Loop via trackage rights Based on analysis conducted to date and Alternatives, please refer to the map over existing UP rail lines. However, the UP/SP below. and comments received during the merger decision directs UP and BNSF to negotiate scoping process, the agencies have terms for build-in/build-out arrangements; it does BILLING CODE 4915–00–P determined the reasonable and feasible not direct the parties to negotiate trackage rights over UP’s lines in the state Highway 225 and 146 alternatives that will be analyzed in line, BNSF would likely move to dismiss its 5 corridors. The Board’s policy is to encourage detail in the EIS. To assist with the petition to construct and operate a new rail line to private-sector dispute resolution whenever possible the Bayport Loop. Until that happens, however, the 5 Many commenters have urged the Board to and BNSF and UP have had exchanges regarding Board is obligated to consider BNSF’s petition in require BNSF to provide competing service to the Bayport access. If they should reach an agreement this proceeding. granting BNSF access to the Bayport Loop over UP’s
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BILLING CODE 4915–00–C
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A. Proposed Action and Modifications (1) Alignment 2B, which now replaces Yard. In analyzing the No-Action Alignment 2, is a modification of Alternative, SEA will use the best (1) The Proposed Action consists of Alignment 2 that would diverge from available information to characterize construction of a new rail line along Alignment 2 by turning south before existing conditions on the rail lines that Alignment 1 to the Bayport Loop and reaching the City of Houston’s Southeast UP currently uses to serve the Bayport operations from BNSF’s New South Water Treatment Plant. Alignment 2B Loop and analyze the potential impacts Yard over UP’s Glidden Subdivision then turns east across the grounds of the associated with the decrease in rail and UP’s GH&H line. Alignment 1, the Water Treatment Plant and passes to the traffic on those lines as a result of the Applicants’ preferred route, has been south of the existing Water Treatment Proposed Action. modified to include Alignment 1B, Plant. It continues east, crossing Space which crosses Taylor Bayou parallel to Center Boulevard over a proposed grade E. Alternatives Excluded From Detailed the Port Road and UP crossings. A spur separation and joins Alignment 1. Analysis would follow part of the original (2) Alignment 2C is a modification to During the scoping process, the Alignment 1 route to serve potential the original Alignment 2. It would agencies determined that the shippers in the Bayport Loop. The follow the original Alignment 2 and alternatives discussed below are not Applicants developed Alignment 1B turn south from Genoa-Red Buff Road reasonable and/or feasible and, because of concerns expressed by the on the east side of the Water Treatment therefore, do not warrant detailed National Marine Fisheries Service over Plant. It would then turn east again and consideration in the EIS. The EIS will, an area of Essential Fish Habitat connect with Alignment 1. however, further describe the reasons associated with the original proposed (3) Alignment 2D is a modification to for eliminating them from detailed crossing of Taylor Bayou. BNSF would the original Alignment 2 and would consideration. operate on average one train each way turn east before reaching Genoa-Red (1) The construction and operation of per day comprising 36 to 66 railcars, Bluff Road. It would turn south before the Proposed Action along Alignments totaling 13,000 to 24,000 loaded railcars reaching the Water Treatment Plant, 1A, 2, and 2A. The Applicants believe per year. The majority of the railcars turn east across the Plant grounds, and that these alternatives are not feasible would contain plastic pellets. connect to Alignment 1. because the construction of a single Approximately 1,500 to 7,000 tank cars C. BNSF Trackage Rights Over UP Lines grade separation for Genoa-Red Bluff each year would contain hazardous in the SH 225 and SH 146 Corridors Road and Red Bluff Road is materials or other miscellaneous economically infeasible and would inbound and outbound commodities. In addition to analyzing the reasonable and feasible alternatives conflict with the City of Pasadena’s (2) The original Taylor Bayou crossing described above, consistent with the plans to accommodate growth in traffic was part of Alignment 1 as originally requirement in the NEPA implementing by extending Genoa-Red Bluff Road to proposed by the Applicants. This regulations to consider alternatives the north/northeast to connect with alignment would run east across Bay outside the jurisdiction of the lead Fairmont Parkway. Area Boulevard, turn south, cross Taylor agency, the EIS will consider BNSF’s (2) The construction and operation of Bayou, and turn east along Port Road. use of trackage rights over UP’s lines in the Proposed Action along Alignments 3 (3) Alignment 1C is a modification to the State Highway (SH) 225 and SH 146 and 4. Although initially included in Alignment 1 that would connect with corridors to reach the Bayport Loop. the Applicants’ environmental the GH&H line just south of where This alternative would involve background document, which Alignment 1 would connect. It parallels operating from New South Yard over the accompanied the Applicants’ petition to Alignment 1 to the south-east corner of Glidden Subdivision and continuing the Board,6 Alignments 3 and 4 now the Ellington Field fence line. It over UP’s lines in the SH 225 and SH appear to be infeasible because they continues north-east towards the Boeing 146 Corridors. Notwithstanding the would involve new construction off the and NASA facilities on Space Center unforeseeable likelihood of this event, existing Port Terminal Railroad Boulevard and turns north-west to as discussed earlier, SEA believes that it Association (PTRA) tracks in the rail rejoin Alignment 1 before it crosses is necessary to analyze this alternative corridor along SH 225. As determined NASA’s access road to Ellington Field. in the EIS partly for comparative during this scoping process, the B. Alignment 2 Modifications purposes relative to the No-Action Applicants cannot use trackage rights Alternative and the Proposed Action, over the PTRA to utilize Alignments 3 Alignment 2 was developed by the and partly because of the possibility of and 4 because of a legal agreement Applicants as an alternative to the a negotiated agreement between BNSF between UP and the Port of Houston Proposed Action. The original and UP regarding use of the track. Authority that prohibits BNSF from Alignment 2 would have begun using the PTRA tracks to provide construction from the GH&H on the D. The No-Action Alternative service to the Bayport Loop. north side of the Sam Houston Parkway Under the No-Action Alternative, the (3) The construction and operation of (Beltway 8) and run under Beltway 8. Applicants would not build and operate the Proposed Action along a new The route then would have run parallel the new rail line into the Bayport Loop alignment in the SH 225 and SH 146 to the east side of Beltway 8 to Genoa- and there would be no change in current corridors to reach Alignment 3 or 4. Red Bluff Road. It would have then run operations. UP would continue to serve This construction alternative, which is east alongside Genoa-Red Bluff Road, the petro-chemical plants in the Bayport not shown on the map, would involve passing to the north of Ellington Field Loop. The No-Action Alternative operating from New South Yard over the and the Baywood Country Club. It consists of the existing situation where Glidden Subdivision and appears to would have continued east across Red UP transports rail cars to and from the have several engineering challenges, Bluff road to join Alignment 1 into the Bayport Loop over its lines heading and could have environmental and Bayport Loop. SEA dismissed the north out of the Loop alongside SH 146, safety concerns that are more substantial original Alignment 2 from detailed past Strang Yard, then west on its Strang analysis for reasons that are discussed Subdivision alongside SH 225, and on 6 This document is available in the Board’s public below. to either Englewood Yard or Settegast record.
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than the alternatives that are already operations for a period of three to five At the request of a number of under consideration.7 years into the future. Projections for rail commenters and several elected (4) The construction and operation of operations beyond these time frames are officials, SEA extended the comment the Proposed Action using a new not reasonably foreseeable. Beyond period for an additional 30 days to Beltway 8—Fairmont Avenue three to five years, for example, March 14, 2002, to provide the public Alignment. This alignment would fluctuations in the economy, changes in sufficient opportunity to explore follow the original Alignment 2, contracts between shippers and alternatives to the proposed route and continue north across Genoa-Red Bluff railroads, railroad mergers, chemical raise issues pertinent to scoping. SEA Road, run east along Fairmont Parkway, company mergers, expansions or shifts published the notice to extend the and run south on Red Bluff Road until in production among chemical plants, comment period in the Federal Register it reaches one of the other alignments. and changes in technology become on February 13, 2002, and distributed it This alignment may require taking a speculative. The time frame for the to 650 citizens, elected officials, number of businesses and would analysis of potential effects will vary by Federal, state, and local agencies, and adversely affect the entrances and exits impact area depending on the interested organizations. During that for a large shopping center, adversely availability of information and SEA’s time, SEA conducted additional public affect turning movements across ability to reasonably foresee potential involvement activities for the Fairmont Parkway, and may have impacts. communities along that portion of the adverse noise effects to sensitive UP mainline that the Applicants would Public Participation receptors. use as part of this proposal. Also, (5) Suggestions that negotiations On October 1, 2001, SEA served and project information was translated into between Bayport Loop shippers and UP distributed the Notice of Intent to Spanish and made available to for lower shipping rates, in an effort to Prepare an EIS to approximately 489 communities and community leaders obviate the need for the Proposed citizens, elected officials, Federal, state, who live along the Glidden Subdivision Action, do not meet the purpose and and local agencies, and interested and the GH&H line and invited need of providing alternative rail organizations and initiated a toll-free comments and questions in Spanish to service. Negotiations between the project hotline 1–888–229–7857. On the toll-free hotline. SEA distributed Bayport Loop shippers and UP already November 26, 2001, SEA served and several hundred of these documents in occur on a regular basis as contracts distributed the Notice of Availability of Spanish to numerous community come up for renewal. Draft Scope of Study for the EIS, Notice groups. At the end of the extended Independent Utility of Scoping Meetings, and Request for scoping period, SEA had received 198 additional comment forms, form letters, Scoping comments suggested that the Comments to approximately 526 and letters, as well as 21 calls to the toll- proposed Bayport Channel Container/ citizens, elected officials, Federal, state, free hotline. Six of these callers asked Cruise Terminal (Bayport Terminal) and and local agencies, and interested for information and 15 provided the Proposed Action are connected and organizations. The distribution covered comments. requested that an EIS be prepared the communities surrounding the As part of the environmental review jointly for the two projects. However, Proposed Action and the communities process to date, SEA has conducted based on the Applicant’s Verified along the UP mainlines connecting the broad public outreach activities to Statement, SEA’s consultation with U.S. Proposed Action to New South Yard. inform the public about the Proposed Army Corps of Engineers (USACE), SEA placed notices of the scoping Action and to facilitate public which prepared the Draft EIS for the meetings in several community participation. SEA has and will Bayport Terminal, and SEA’s newspapers and the Houston Chronicle. continue to consult with Federal, state, consultation with Port of Houston SEA also provided public service and local agencies, affected Authority, the two projects are not announcements to several Spanish- communities, and all interested parties connected. Rather, the two projects are speaking radio stations. to gather and disseminate information separate and distinct. They do not The scoping meetings were held in about the proposal. depend on each other economically or the afternoons and evenings on January physically and each would proceed in 14 and 15, 2002, at the Pasadena Response to Comments Convention Center. SEA used a the absence of the other. This issue will SEA and the cooperating agencies be discussed in more detail in the EIS. workshop format to allow attendees to provide comments to and ask questions reviewed and considered the Reasonably Foreseeable Actions of SEA and SEA’s third-party approximately 800 comments in Under CEQ’s guidelines, the analysis independent contractor, ICF Consulting. preparation of this Final Scope of the of environmental effects resulting from The 189 people who attended the EIS. The Final Scope adopts the Draft a Proposed Action requires the scoping meetings included citizens, Scope and reflects any changes to the separation of actions and effects that are organizations, elected officials, and Draft Scope as a result of comments. reasonably foreseeable as opposed to officials from state and local agencies. The discussion below summarizes and results that are remote and speculative. Attendees submitted 21 comment sheets addresses the principal environmental Typically, SEA analyzes potential rail during the meetings and 20 attendees concerns raised by the comments, and provided oral comments to a court presents additional discussion to further 7 More specifically, construction of a new rail line reporter. At the close of the scoping clarify the Final Scope. in this corridor might also require the relocation of period, on February 1, 2002, SEA A. Rail Operations Safety several miles of pipeline and existing UP tracks in received an additional 698 scoping order to create enough space along the existing General Comments on Infrastructure right-of-way for a new line. The existing rail lines comment forms, form letters, and letters pass through land that is developed with raising environmental issues. At that and Operational Conditions residential, commercial, and industrial uses. time, SEA had received 14 calls to the Comments stated that to operate Construction of a new rail line in this corridor could bring rail operations closer to homes than any toll-free hotline. Thirteen of these additional trains safely over the GH&H of the other alternatives and might require the callers asked for information and one line its infrastructure should be taking of homes. provided comments. improved through significant
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investments. In addition, comments hazardous material, releases of Comments stated that SEA should study stated that the Board should study these hazardous material and the number of the condition of the existing potential investments through the EIS instances of evacuations from hazardous infrastructure and its traffic levels in the and require them as mitigation. Other materials releases resulting from train DEIS. Comments requested the Board to comments suggested that the line accidents/derailments. The EIS will study infrastructure investment in the should be upgraded to welded rail describe BNSF’s overall safety record as DEIS and require this investment as part between Graham Siding and Tower 30, well as the records of the other major of mitigation. and new rail and bridge construction U.S. railroads. Response. In response to concerns should be done near Sims Bayou/Berry raised over the Proposed Action, the EIS Creek. Also, the applicants should Comments on Derailments will include an analysis of rail implement crossing improvements and Comments expressed concern over operations associated with the Proposed signal installation for rail and non-rail potential rail car derailments. In Action and Alternatives, which involves traffic to address the increased addition, comments asked what the two trains per day, on average, hazardous material traffic. chances are of derailment for trains including impacts over UP’s main line. Response. The EIS will include a traveling straight compared to those The EIS will consider the existing rail description of the existing rail making turns, because the new rail line operations and the condition of the operations safety conditions on the lines makes several turns. Comments infrastructure that the Proposed Action that the Proposed Action and expressed concern over the two sharp and Alternatives would affect and will Alternatives would affect (i.e., those curves in build-out Alignment 1C. use this information as a baseline in its lines over which the Applicants are Comments stated that BNSF has had analysis of impacts. The EIS will seeking trackage rights). The existing three derailments since October 2001. consider mitigation measures as conditions will be used as the baseline Furthermore, comments expressed appropriate. The EIS also will discuss from which to analyze the impacts of concern over the speed the trains would the FRA’s regulatory framework for the Proposed Action. The EIS also will be operating and contended that if they minimum safety standards for track describe the FRA’s regulatory operate over 20 miles per hour (mph) infrastructure. framework for rail safety. they could derail. Comments Concerning the GH&H Line Response. The EIS will include an Comments on Risks of Increased Rail Comments expressed concern about Traffic analysis of the Proposed Action in light of the FRA track safety standards and the condition of the GH&H line and Comments stated that safety risk will proposed operating speeds. The FRA what one comment called ‘‘its increase because of the increased train track safety standards contain unacceptable safety and traffic traffic and the EIS should undertake a requirements for tangent (straight) and problems.’’ Comments also mentioned full risk assessment for train accidents curved track and once the railroads set the severity of safety and traffic and derailments during loading of tank the train speeds at which they wish to problems near three schools that cars and during switching activities in operate, they must maintain the track directly border the line and fifteen yard facilities. In addition, comments according to the FRA standards. Curved schools that are located within one mile also indicated that SEA should conduct track must meet additional geometry of the GH&H line and attributed some of a risk assessment that includes requirements, as compared to tangent these problems to the lack of incentive consideration of derailments, collisions, track, in order to be in compliance with to upgrade a lightly used track. hazmat releases, and human injuries the FRA standards. Comments suggested that the 150-year- associated with loading, switching, yard old line needs to be repaired and that activities, grade crossings, and operation B. Rail Operations the GH&H tracks are too old to bear any associated with the Proposed Action Comments of the Condition of Existing additional traffic. Comments suggested and Alternatives. Comments stated that Infrastructure that the Board require that the track be BNSF has a poor safety record with a replaced with continuous welded rail total of 485 train accidents in 2001 and Comments focused on the condition and that all bridges, grade crossings, and a history of chemical spills. Comments of the existing rail infrastructure around switches be brought up to the best asked whether, in the case of a Houston, stating that it is currently available standards. Other comments derailment, BNSF would be held inadequate. Comments expressed stated that the GH&H line has presented responsible for the damages in the area. concern over the addition of trains and no problems for about 150 years. Other comments stated that the new rail rail cars to what the comments Response. The EIS will analyze the line would be a vast improvement over characterized as an already congested rail operations impacts of the Proposed the present rail line because it would be and poorly maintained rail network. Action and Alternatives on the UP’s safe, continuous rail on a modern Specific comments described the GH&H line. The analysis will account roadbed. In addition, comments stated condition of the GH&H line, the UP for the existing condition of the line and that the line would be safest if it is Glidden Subdivision, and T&NO the current rail traffic levels. For maintained and inspected regularly and junction as unacceptable. Comments example, SEA’s initial fieldwork found suggested that the Board ensure that this stated that the railroads should continue four to five UP trains per day operating happens. their investment in infrastructure. on the GH&H line based on four days of Response. The EIS will analyze the Comments stated that BNSF has not train counts and nine trains per day probabilities of derailments and included infrastructure improvements during a fifth day of train counts. The collisions in order to determine the risk as part of its application and contests EIS will include a description of safety associated with transporting hazardous the need for such improvements. conditions on the GH&H. material. The EIS will also include an Comments suggested that moving rail analysis of highway-rail at-grade traffic off the existing lines along SH Comments on Rail Congestion crossing accidents. The analysis will 146 and SH 225 might drain the capital Comments stated that there is chronic focus primarily on the historical, necessary to maintain those lines at the rail congestion on the East Belt line and statistical BNSF and UP accident/ same time as increasing rail traffic in the vicinity of New South Yard that derailment rate involving trains carrying problems elsewhere in Houston. impairs the mobility of residents and
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creates a safety problem. Comments Comments on the Bayport Rail Terminal Comments on Potential Impacts highlighted the trains backing into New Associated with Hazardous Materials South Yard as a particular source of Comments questioned the expansion Transportation hardship for residents and suggested at the Bayport Rail Terminal that is currently taking place, which will Comments expressed concern that this practice be eliminated. regarding the nature and amount of roughly triple its capacity. Comments Comments stated that the Federal chemicals that the Applicants would suggested that SEA note this in the requirement that trains not block transport, as well as the potential DEIS. crossings for more than ten minutes impacts of spills and releases on the without cause is not being enforced. Response. The EIS will consider the surrounding human and natural Comments suggested that SH 225 expansion of the Bayport Rail Terminal environment. Comments indicated the already exists as a dedicated container and any relationship with the Proposed need for a risk assessment and and chemical traffic corridor and that Action and Alternatives. evacuation plans pertaining to the re-routing traffic away from this corridor proposed rail line. Comments would create traffic problems on other C. Hazardous Materials Transportation mentioned the risks related to accidents, lines, including the GH&H line, Glidden Safety including derailments and collisions. Subdivision, and former Houston Belt & Other comments expressed concern Terminal Railway lines. Comments General Comments on Assessment of regarding the safety statistics of existing called on SEA to give weight to the Existing Conditions benefits of this current dedicated transport by chemical companies and Comments expressed general concern corridor. railroads. Response. The EIS will consider the about whether the EIS would adequately Response. The EIS will assess existing rail operations in the project assess the existing conditions relevant potential impacts associated with area and the potential effects from the to hazardous materials transportation hazardous materials transportation Proposed Action and Alternatives, safety in the area potentially affected by based on an analysis of the probability including a discussion of nearby UP, the Proposed Action and Alternatives, of a release of hazardous materials and BNSF, and PTRA rail line operations on particularly with respect to the extent of on an assessment of potential the East Belt, Double Track Junction, the area subject to analysis, the consequences in the event of such a T&NO Junction, and switching population potentially affected in the release. The analysis of the probability operations in both New South Yard and event of a release, the existing land uses of a release of hazardous materials will Old South Yard. in the area (e.g., proximity to homes, consider the safety statistics from the FRA for railroad companies operating in Comments About Daily Train Traffic schools, airport, assisted living facilities), and the existing emergency the project area. The assessment of potential consequences will consider Comments requested that SEA study management services. Comments existing train traffic levels on the lines the types of chemicals transported over mentioned that the U.S. Department of that the Proposed Action would affect, the Proposed Action and Alternatives, Transportation extensively regulates the in order to provide a baseline rail traffic as well as the population located along model. Comments also suggested transportation of hazardous materials, the main lines and around the rail yards studying the traffic and mapping grade including by rail. Comments also that potentially could be affected in the crossings on lines that the Proposed indicated that the Applicants subscribe event of a release. Both the analysis of Action and Alternatives would directly to a Responsible Care initiative that the probability of a release and the and indirectly affect. Comments responds to public concerns about the assessment of potential consequences requested that SEA determine how manufacture, distribution, and use of will consider existing conditions under existing rail traffic would interact with chemicals.8 the No-Action Alternative, as well as the new traffic, as well as traffic Response. The EIS will describe the reasonably expected potential identified in the Bayport Terminal and existing conditions in the project area. conditions if the Proposed Action Texas City/Shoal Point container facility The EIS will also describe the existing should be approved and implemented. DEIS. Comments questioned the emergency management services, Comments Specific to Terrorism proposed use of welded track, which including voluntary initiatives Comments expressed concern about could allow speeds of up to 60 mph, implemented by industry in when the Applicants have stated that potential terrorist acts that may involve coordination with local authorities. The the speed limit would be 20 mph. Other hazardous materials transportation and EIS will include a description of comments asked how the proposed 20 may target critical infrastructure in the regulations applicable to the mph speed limit would be controlled area potentially affected by the and enforced. transportation of hazardous materials Proposed Action. Response. The EIS will consider the via rail and related emergency response Response. Consistent with prior cases existing rail operations in the project requirements. As part of the assessment before the Board, safety will be a area and the potential effects from the of potential impacts associated with paramount concern in the Proposed Action and Alternatives. For hazardous materials transportation, the environmental review process in this example, as discussed earlier, the EIS EIS is considering the population proceeding. will include the results of SEA’s field located within the area of influence of The EIS will consider the probability work which sampled the numbers of the Proposed Action and Alternatives of a release of hazardous materials trains and rail cars operating on the that potentially could be affected in the during transportation using historic applicable lines in order to better event of a release. accident statistics, regardless of the determine the daily number of trains for cause of the release. The EIS will also each of the lines in the project area. The 8 Responsible Care is an initiative sponsored by consider the potential consequences of EIS will also consider the interaction of the American Chemistry Council which, among releases to human health and the other activities, works with manufacturers, the new trains with existing rail traffic customers, carriers, suppliers, and distributors to environment. and will describe the enforcement of foster the safe use, transport, and disposal of The EIS will also describe the existing speed limits. chemicals. regulations and policies governing the
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transportation of hazardous materials of pipeline safety factors at rail/pipeline comments requested a rail overpass and and the latest developments in those crossings. In particular, comments overwalk at Howard Drive to protect the regulations and policies, such as the expressed concern that cleanup (e.g., safety of children and their pets. new rules proposed on May 2, 2002, by excavation of soil) of a spill from a Comments stated that too many the Department of Transportation’s railcar near a pipeline that transports accidents occur at Old Galveston Road Research and Special Programs flammable or otherwise hazardous and Howard Drive. Administration (RSPA), which would chemicals could cause a pipeline Response. The EIS will analyze require shippers of certain hazardous rupture and/or explosion, as had potential safety impacts at grade materials to develop or update security occurred in the recent past. Comments crossings. The EIS will address plans and provide appropriate training. also expressed concern about possible mitigation measures as appropriate and During the course of the environmental pipeline rupture during construction of will discuss the Federal Railroad review process here, SEA will keep the proposed line and inquired whether Administration (FRA) and the Federal abreast of any policies or existing regulations prohibit Highway Administration (FHWA) recommendations that RSPA and the construction of rail lines in close regulations governing grade crossing FRA may develop and that may be proximity to pipelines. Comments safety, which are delegated to the State applicable to this proceeding, and will inquired whether any chemical of Texas. The EIS will also reflect provide information on any incompatibilities were expected to exist consultations with and developments in the Draft and Final between the contents of a particular recommendations by the Texas EIS, if appropriate.9 pipeline and the contents of a rail car Department of Transportation regarding The EIS will also recognize the passing in close proximity. grade crossing safety. procedures now in place in Houston, Response. The EIS will consider and in the Bayport Loop area in pipeline safety factors at rail/pipeline Grade Crossing Delay particular, to handle hazardous crossings and where a rail alignment Comments expressed concern over a materials transport safely. Houston and runs beside existing pipelines. The EIS potential increase in vehicle traffic the Bayport Loop have one of the largest will examine the likelihood of a congestion throughout east and concentrations of chemical facilities in hazardous materials release due to southeast Houston due to additional the country. As a result, Houston has in construction and operation of the train traffic from the Proposed Action. place significant specialized emergency Proposed Action and Alternatives near In addition, comments requested that management capabilities to address both pipelines and the potential impacts the delay analysis not be limited to accidental and intentional events that from a hazardous material release. existing grade crossings but should may occur in the process of handing and include future crossings such as Space transporting chemicals and hazardous Comments on Communication in the Center Boulevard, Red Bluff Road, Bay materials. Event of an Accident The security issues relating to Area Boulevard, Port Road, and SH 146. Comments requested that the scope of Comments expressed concern over potential terrorist acts in the area the EIS be expanded to include an potentially affected by the Proposed traffic blockage due to the lack of examination of whether communication planned grade separated crossings. Action do not appear to be separate and between the railroad, the pipeline distinct from the security issues facing Other comments expressed concern over companies, and area residents would be the congestion at New South Yard the railroad industry generally. As noted sufficient in the event of an accident. above, these issues are currently being resulting in main road blockages. Response. The EIS will describe Comments expressed concern over examined for the industry as a whole by emergency preparedness requirements RSPA. The EIS will examine the trains blocking access to their and plans for the Proposed Action and communities (e.g., Old Galveston Road). procedures that railroads must comply Alternatives, including provisions for with regarding transportation safety, Comments also mentioned traffic delays communications in the event of an around schools. Comments stated that security, and the handling of hazardous accident. materials on all their lines. the Texas Transportation Code 471.007, E. Transportation which does not allow trains to block D. Pipeline Safety crossings for more then 10 minutes, is Grade Crossing Safety General Comments violated daily by existing trains. To Comments expressed concern over address this problem, the comments Comments expressed concern about vehicle and pedestrian accidents, requested that the Board ensure that an the proximity of the proposed rail line including accidents involving people enforceable plan to prevent rail traffic to existing pipelines, noting that in with disabilities at grade crossings. problems and their associated safety many places the proposed alignment Comments mentioned that four at-grade risks accompany the application. would cross directly over or run beside crossing accidents occurred at T&NO Comments requested that BNSF not existing pipelines. Comments junction (immediately south of New store cargo or park trains in such a way recommended that SEA perform a risk South Yard) within a ten-month period that they would block streets, other assessment that includes consideration from January to October 2001. In tracks, or crossings. Comments stated that the grade crossing delay problem 9 While the Board is directed to promote a safe addition, comments expressed concern rail transportation system in discharging its duties over the grade crossing safety risks could be mitigated through an involving rail construction and other matters that associated with travel to and from enforceable commitment to off-peak require action by the Board, FRA has primary schools. Comments stated that the hour operations. Other comments stated authority to ensure railroad safety under the Federal that the Board should see that traffic Rail Safety Act (FRSA), 49 U.S.C. 20101 et seq. Proposed Action and Alternatives Railroads are legally bound to comply with the would double safety risks and requested problems in east and southeast Houston comprehensive across-the-board safety measures that BNSF undertake a series of crossing are solved regardless of exemption adopted under FRSA on all of their lines, regardless improvements and signal installations approval in this proceeding. of any specific mitigation that the Board may impose in any case-specific environmental review for rail and non-rail traffic. Other Response. The EIS will analyze the of individual proposals that may require Board comments requested that all major roads potential effect that the Proposed Action approval. be grade separated. In addition, and Alternatives might have on delay at
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existing grade crossings, as well as at Action would reduce noise impacts in instantaneous noise impact assessment, new grade crossings. comparison to trucks in the area. the EIS will provide instantaneous noise Response. Typically, the Board levels from a range of sources to provide Emergency Response analyzes noise impacts where there is context (e.g., airplanes, trains, and cars), Comments expressed concern over an increase of at least eight trains per and mitigation measures as appropriate. potential delays to emergency vehicles day on a rail line or an increase in rail and blockages of emergency evacuation traffic of at least 100 percent (measured Comments on Long-term Sound Level routes. Comments requested that the EIS in gross ton miles annually) (see 49 CFR Averages include maps of primary emergency 1105.7e(6)). However, in response to Comments requested that long-term management systems, fire, and public concerns raised over the Proposed sound level averages (over an hour or safety access routes that the proposed Action, the EIS will analyze the noise more) be included in the analysis for alignments would block. Comments also impacts of train operations associated construction activities, but not in expressed concern over the delays that with an increase of two trains per day, analysis for operational activities, would occur at Space Center Boulevard, on average, over both the new line and unless appropriate. which is being extended and could be trackage rights lines, and for Response. The construction noise used as an evacuation route. Comments construction of the project. The EIS analysis in the EIS will consider both stated that the community of Shoreacres noise analysis will include adverse long (30-day average) and short-term (8 contracts its emergency medical services noise effects on sensitive receptors such hour) sound levels. The operational from Clear Lake and would be directly as residences and schools. The EIS will analysis in the EIS will consider long- affected by the Proposed Action and discuss operational and construction- term sound levels. Alternatives. Comments requested that induced vibration to address concerns the EIS examine the frequency of road raised by comments. Potential effects of Comments on Proposed Action and blockages from BNSF and UP trains. noise and vibration on wildlife will be Alternative Alignments Response. The EIS will analyze the addressed under biological resources. Comments expressed concern over potential impacts of the Proposed Comments on Evaluation of Noise specific alignments for the Proposed Action and Alternatives on emergency Levels Action and Alternatives. Comments response vehicles and evacuation routes Comments requested that the EIS specifically referred to Alignments 1, due to blocked crossings associated with 1C, and 2B as unacceptable due to their the train traffic of the Proposed Action. discuss applicable noise regulations and standards and noise levels along all proximity to the Northfork subdivision Other Transportation Projects proposed alignments, including: (1) in Clear Lake City. Comments also suggested that Alignments 1, 1B, and 1C Comments requested that the EIS Absolute and incremental increase in noise levels, as well as appropriate would have a negative impact on the coordinate with other studies such as community because of noise. Comments the HGAC 2025 Metropolitan absolute criteria (comments suggested EPA’s goal of a Day-Night Equivalent suggested that the two sharp curves Transportation Plan (MTP), the SH 146 proposed in Alignment 1C would cause Major Investment Study, the Texas City Level, abbreviated as Ldn or DNL of 55 Hourly A-Weighted Sound Level (dBA) increased noise when the trains turn Shoal Point DEIS and the Bayport and the joints move between the cars. Terminal DEIS. Comments also for residential areas) and, (2) short-term (instantaneous to one-hour) criteria. Comments suggested that the DEIS expressed the need for the EIS to evaluate noise impacts for existing and consider the potential transportation Instantaneous noise impact assessment was also requested, estimating noise reasonably foreseeable future land use. impacts of these projects along with the More specifically, comments expressed Proposed Action. levels for both day and night. Comments also stated that the EIS should analyze concern over potential noise and Response. The EIS will analyze the background noise, frequent noise that is vibration impacts to NASA’s Sonny Proposed Action and Alternatives in the louder than ambient noise, periodic Carter Training Facility. Comments also context of other reasonably foreseeable noise, infrequent noise, and rare, but expressed concern over the increased projects in the area. The EIS will foreseeable noise. Comments also noise impacts that a new rail line would consider information on transportation requested the evaluation of mitigation introduce, in addition to the noise from improvements and road traffic options. existing operations at Ellington Field, predictions from all relevant studies. Response. The Board’s regulations at near-by industrial plants, and existing F. Noise and Vibration 49 CFR 1105.7 use an incremental rail traffic along SH 3. Comments also increase in noise levels of three decibels stated that the new rail line would have General Comments on Noise and L or more, or an increase to a noise an insignificant impact on noise in Vibration dn level of 65 Ldn or greater as noise impact comparison to existing operations at Comments expressed generalized analysis thresholds. Sixty-five Ldn is the Ellington Field. concern about noise and vibration standard employed by Federal agencies Response. The noise analysis in the impacts that would result from the that regulate or evaluate noise impacts, EIS will include noise contours for rail proposed rail operations and including the EPA, FHWA, Federal operations over each new construction construction, including adverse effects Transit Administration (FTA), FRA, and alignment evaluated and noise contours on communities, schools, residences, FAA. The Board uses this standard in for associated rail operations over the property values, and overall quality of all of its environmental review analyses. existing mainlines, including the No- life along both the new and existing rail Federal agencies consider noise levels Action Alternative, to disclose areas lines. Comments also expressed concern above 65 Ldn as incompatible with where the Proposed Action would cause that rail line traffic would increase in residential land use. The EIS will noise effects. The EIS will address the the future, which would lead to more discuss existing noise levels. For potential for wheel squeal noise. The noise pollution. Additional comments example, much of the project area is EIS will determine whether the expressed concern about the effects of already at 65 Ldn or higher due to Proposed Action would cause any noise noise and vibration on wildlife. existing sources (e.g., existing rail and vibration effects to NASA’s Sonny Comments also stated that the Proposed traffic, Ellington Field). Regarding Carter Training Facility.
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Comments on Vibration Impacts an increase in rail traffic of at least 100 and Alternatives, determine the sources Comments expressed generalized percent (measured in gross ton miles of fine particle emissions, and examine concern over the potential effects that annually), or an increase in rail yard the potential health effects resulting vibration resulting from construction activity of at least 100 percent from increased exposure to such and operation activities of the Proposed (measured by carload activity). When a pollutants. Action may have on schools, homes, Proposed Action affects a non- Response. Typically, the Board would structures, and/or roads. In addition, attainment area, as defined by the CAA, not analyze potential air quality effects comments expressed concern over as is the case here, the Board typically from fine particulate emissions (PM2.5) potential vibration impacts to NASA’s analyzes air impacts if there is an in an EIS for a project such as this, with Sonny Carter Training Facility. increase of at least three trains per day, a projected low level of increased rail Comments also requested that the EIS an increase in rail traffic of at least 50 activity (two trains per day on average), analyze and quantify such impacts. percent, or an increase in rail yard the lack of an attainment or Response. The EIS will discuss activity of at least 20 percent. The nonattainment designation for PM2.5 in operational and construction-induced Proposed Action anticipates two trains the Houston area pursuant to the CAA, vibration. The EIS will also evaluate per day, and would therefore not trigger and the absence of a State vibration impacts on the basis of any environmental thresholds requiring Implementation Plan (SIP) or emission maximum vibration level. Because air quality impacts analysis. However, threshold that would trigger maximum vibration levels would be in response to concerns raised over requirements for fine PM. However, in essentially unchanged for areas where potential impacts to air quality from the response to concerns raised over the rail traffic currently exists, the EIS Proposed Action, the EIS will include Proposed Action, the EIS will include discussion of potential vibration analysis of air impacts of train examination of changes in diesel impacts is expected to focus on areas operations. particulate emissions resulting from where new rail construction would The EIS will also examine the operation and construction of the occur. additional emissions from both the Proposed Action and Alternatives. construction and operational phases of G. Climate and Air Quality the Proposed Action and Alternatives, Comments on Hazardous Air Pollutants General Comments on Air Quality including rail-related emissions and Comments expressed concern about potential air emission increases due to hazardous air pollutant (HAP) Comments expressed general increased vehicle delays at highway/rail emissions, especially diesel emissions, concerns about air pollution, including at-grade crossings. The EIS analysis will resulting from construction and diesel emissions, and associated adverse include consideration of criteria health effects resulting from operation of the Proposed Action. pollutants, with emphasis on those most Comments requested that the EIS construction and operation of the relevant to the Houston non-attainment Proposed Action and from potential indicate background levels of HAPs, situation (e.g., NOX and PM10). If releases should a chemical spill occur. areas that will experience increased additional emissions associated with HAP levels as a result of the project, the Comments also stated that Federal two train trips per day are found to be highway funds might be lost as the total and incremental increase in HAP large enough to cause exceedances of levels that these areas will experience, result of increasing air pollution. criteria pollutant standards, then the EIS Further, comments expressed concern and the resulting health effects. will include consideration of these Response. The Board would not over current Clean Air Act (CAA) impacts. Further, the EIS will determine normally analyze HAP emissions in an conformity compliance issues and the whether carbon monoxide EIS for a project such as this with additional air quality impacts that concentrations would have an adverse projected low level of increased rail construction and operation of the affect on the breathing air intakes at activity, and the absence of HAP Proposed Action would have on the NASA’s training facility. The EIS will emission regulations applicable to Houston-Galveston non-attainment area. evaluate releases, including air mobile sources in Texas. However, in In addition, comments requested that emissions, resulting from spills in the response to concerns raised over the SEA consider all criteria pollutants in context of the hazardous materials Proposed Action and recent concerns the air quality analysis. Comments transport safety analysis. about possible adverse health impacts requested dispersion modeling and from diesel emissions, the EIS will analysis of the air quality impacts on a Comments on Particulate Matter include a diesel emissions screening local, rather than a county-wide, level. Comments expressed general concern analysis. The analysis will compare Comments expressed concern that the over small particle pollutant emissions estimates of daily average diesel Proposed Action would increase air resulting from the Proposed Action. emissions from construction and pollution by encouraging expansion of Comments stated that the air quality operation of the Proposed Action and the petro-chemical plants in Houston. analysis should examine levels of fine Alternatives with county total daily Comments stressed that census data and particulate matter (PM2.5) associated average emissions and with the total risk factors should be used to determine with construction and operation of the daily average existing train activity, which populations would likely Proposed Action and provide figures local diesel truck activity and other experience health effects from exposure showing the impacts on air quality potential sources of nearby diesel to air emissions. Finally, comments specifically for the area that includes emissions (e.g., airport ground support requested estimates of emission rates the Proposed Action. Comments equipment) for selected site locations and use of dispersion modeling of indicated that exhaust from diesel (e.g., near residential areas) in the carbon monoxide from locomotive sources is a major source of PM2.5 air project area. diesel engines to determine the impacts pollution, as well as other fine particle on breathing air intakes at NASA’s emissions, that may be hazardous and H. Water Resources Sonny Carter Training Facility. lead to adverse health effects. Response: The Board typically Comments stated that the EIS should General Comments on Water Quality analyzes air impacts where there is an analyze the background level of PM2.5 Comments expressed general concern increase of at least eight trains per day, air pollution for the Proposed Action about the effects of a new rail line on
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water resources, including the project area. Comments indicated impacts to both wetlands subject to contamination of the water supply, concern for the possible impact to water permitting by the USACE under CWA potential impacts on water quality, and quality from wetland filling and Section 404 (i.e., ‘‘jurisdictional the effects of hazardous materials on the requested that the EIS disclose the wetlands’’) and non-jurisdictional high water table in the project area. amount of wetlands that will be filled wetlands (e.g., isolated wetlands) is Comments mentioned specific concern for each alternative alignment. Other included. The USACE Galveston District regarding possible adverse impacts on comments suggested that the Board will make the jurisdictional Armand Bayou or the Armand Bayou include a Clean Water Act (CWA) determination regarding wetlands. The Nature Preserve. Comments also Section 404(b)(1) analysis for wetlands EIS will include the results of the mentioned concern for other water that are proposed to be filled. determination, if available, for the bodies, including Mustang Bayou, Response. As noted above, the EIS Proposed Action and Alternatives. will include a discussion of the Taylor Lake, Clear Lake, and Galveston Comments on Water-Related Permits Bay. potential impacts to wetlands and water Response. The EIS will describe the quality. The approximate acreage of Comments stated that under the existing surface water and groundwater impact is calculated for the Proposed Harris County Stormwater Quality resources within the project area, Action and Alternatives. The EIS will Regulations, a stormwater quality including lakes, rivers, bayous, streams, provide the approximate area of impact permit for construction activity might be stock ponds, wetlands, and floodplains to wetlands along each alignment. A required from Harris County. Further, and the potential impacts on these wetlands analysis under CWA Section comments indicated that the Flood resources resulting from construction 404(b)(1) is part of a permitting process Control Division of the Harris County and operation of the Proposed Action that involves the Applicant and the Public Infrastructure Department would and Alternatives. USACE. The EIS will include a need to approve the construction discussion of the CWA Section 404 drawings for work proposed in the Comments Specific to Spills permitting process. Department’s right-of-way. Comments also mentioned that approval might be Comments mentioned the effect that Comments Related to Isolated Wetlands potential chemical spills could have on required from the Engineering Division water quality and ecologically sensitive Comments discussed the ruling on of the Harris County Public bayous and estuaries. Comments also isolated wetlands by the U.S. Supreme Infrastructure Department due to the mentioned the possibility of Court on January 9, 2001 in Solid Waste impact of the proposed rail on existing contamination of groundwater due to Agency of Northern Cook County v. U.S. drainage. chemical spills, including leakage and Army Corps of Engineers, 531 U.S. 159, Comments noted the requirements of runoff from operation and construction 121 S. Ct. 675 (2001) (SWANCC). and the need to coordinate with the activities. Comments stated that no national Galveston District of USACE. Comments Response. The EIS will analyze the guidance has yet been promulgated by expressed the need to determine potential impact associated with a the Environmental Protection Agency potential jurisdiction under Section 10 release of hazardous materials to surface (EPA) and the USACE, and that there of the Rivers and Harbors Act of 1899 water and groundwater. are many interpretations of this ruling due to the crossing of Armand Bayou. nationwide. Comments also stated that Comments also suggested the need for Comments Specific to Floodplains they did not agree with the USACE permits from USACE for Comments mentioned possible Galveston District’s interpretation of the environmentally sensitive areas of impacts/changes to the floodplains, Supreme Court decision that is Armand Bayou. Comments suggested drainage, and flood control systems as a described in the Bayport Terminal DEIS. consultation with USACE to determine concern. Comments also requested that Comments also indicated the view that if permitting issues under CWA Section SEA consider the impacts from SEA would likely defer to this 404 would be necessary for the regional constructing a rail line that could interpretation but requested that SEA stormwater detention basin and for the potentially ‘‘dam the city’’ of Clear Lake include the following analyses in the wetlands mitigation area in the Space and reduce the region to a 100-year EIS: (1) Maps of jurisdictional and non- Center Boulevard extension project east flood plain. Comments requested that jurisdictional wetlands and field of Ellington Field. SEA include a storm surge analysis verification of the jurisdictional Comments indicated that the along the proposed route. wetlands, (2) a map layer of proposed proposed new rail line crosses Armand Response. The EIS will consider the filled areas in the wetlands, (3) cross- Bayou, Big Island Slough, and Taylor existing surface water and groundwater section drawings of the Proposed Action Bayou, and because these waterways are resources within the project area, with heights and widths, (4) a tidally influenced, they are considered including floodplains and the potential discussion of the USACE Galveston navigable waterways of the U.S. and impacts on floodplains resulting from District’s interpretation of jurisdictional subject to USCG jurisdiction. These construction and operation of the wetlands, and (5) notification to TNRCC comments also included information to Proposed Action and Alternatives. The of the project during preparation of the aid in the determination of bridge EIS also will consider the water quality DEIS. Comments recommended permits for the proposed rail lines. issues associated with stormwater, identifying all wetland areas within the Response. As part of the analysis of including requirements of the National project area and minimizing any adverse potential impacts on water resources, Pollutant Discharge Elimination System impacts to isolated wetlands to the same the EIS will consider the permits and (NPDES) stormwater management extend as jurisdictional wetlands. regulations that would apply to the program. Response. The EIS will include a Proposed Action and Alternatives, such discussion of the applicable regulatory as permits pursuant to Sections 401 and General Comments on Wetlands programs at both the state and Federal 404 of the CWA. Several comments expressed general level. The EIS also will characterize concern for the negative environmental existing conditions and potential Comments Related to Mitigation impacts on the wetlands surrounding impacts to wetlands from the Proposed Comments mentioned the possible Armand Bayou and other wetlands in Action and Alternatives. The potential disturbance of property that is managed
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by Armand Bayou Nature Center center. Comments supported the use of impacts on these resources from (ABNC). The comments requested that an alternative route that avoids crossing construction and operation, including the DEIS address potential impacts to the preserve. noise, vibration, and pollution, of the this area and that ‘‘an adequate and Response. The EIS will consider the Proposed Action and Alternatives, appropriate mitigation plan be existing conditions along Taylor Bayou including the No-Action Alternative. developed that is congruent with and Armand Bayou and evaluate The EIS will use the best available ABNC’s mission and purpose.’’ potential impacts to the wetlands, plant information for reasonably foreseeable Response. The EIS will characterize and animal communities, scenic development to analyze any future the existing conditions of ABNC, resources, and recreational uses. The changes in land use and the timeframe analyze potential effects, and address EIS will address the impacts of the for those changes in the area affected by mitigation as appropriate. Proposed Action and Alternatives on the Proposed Action and Alternatives these resources, including avoidance, relative to the No-Action Alternative. I. Biological Resources minimization, and mitigation (where Comments on Wildlife General Comments on Biological appropriate), depending on the potential Resources effects identified in the EIS. Comments expressed general concerns about wildlife and wildlife Comments on Hazardous Materials Comments mentioned concern about habitat. Comments specifically Damaging Biological Resources animals and plants in a general context, mentioned deer, squirrels, rabbits, and requested a risk assessment of Comments expressed concern over turtles, frogs, armadillos, owls, field ‘‘natural areas.’’ Comments expressed potential impacts to the ecosystem and mice, wild boar, bobcats, egrets, and concern about impacts to sensitive biological resources in the event of a alligators. Comments expressed concern habitats associated with ecosystems and hazardous materials release and that the construction of the proposed bayous in the project area. Comments mentioned the negative effects a build-out may drive wild pigs into near- expressed specific concern about the hazardous material spill would have on by neighborhoods or onto the railroad possible effects Alignment 1C would area wildlife or wildlife habitat. More track. Comments also expressed concern have on fish spawning areas around specifically, comments expressed for the safety of domestic as well as wild Mustang Bayou. Comments expressed concern over impacts to wildlife and animals. Comments noted that the concern about the threat of introduction ‘‘long-term productivity’’ (vegetation) in project area is a migration route for of non-indigenous species along the the event of hazardous materials many bird species and requested that alternative alignments. Comments entering a water body, and the economic measures be taken to ensure that expressed concern about potential ramifications of such an event. construction activities do not have any impacts to coastal wetlands and coastal Comments also expressed general adverse impacts on migratory birds, in natural resource areas. Comments concern about hazardous chemicals order to be in compliance with the recommended that the alternative causing damage to an unspecified Migratory Bird Treaty Act. alignments follow existing rights-of- nature preserve and about the Response. The EIS will consider the way, and also discussed the disturbance environmental damage to fish and existing avian and wildlife communities of wildlife and vegetation that can result wildlife that would result from a spill and wildlife habitat in the project area from construction activities. into Taylor and/or Armand Bayou. and the potential impacts of the Response. The EIS will consider the Comments also expressed concern about Proposed Action and Alternatives on existing plant and animal communities the impact of leakage and runoff from those resources. and aquatic resources within the project the alignment on the surrounding area and the potential impacts on watershed and near-by bayous. Comments Specific to Mitigation biological and aquatic resources from Response. The EIS will consider the Comments requested that open space construction and operation of the likelihood of a hazardous materials dedications be incorporated into the Proposed Action and Alternatives. release from construction and operation project plan as an opportunity to install Comments on Taylor Bayou, Armand of the Proposed Action and Alternatives wildlife corridors along Red Bluff Road Bayou Nature Center, and Armand and the potential impacts to aquatic and and other areas. Comments also Bayou Coastal Preserve biological resources from a hazardous recommended minimizing the clearing material release. of riparian vegetation as much as Comments expressed general concern possible and mitigating for the Comments on Effects of Noise, about negative impacts to the ABNC. appropriate habitat losses associated Vibration, and Pollution on Biological Comments specifically mentioned with the disturbed project area, by using Resources concerns about the plants and animals site-specific native plant species. surrounding ABNC. Comments Comments requested that the EIS Comments requested that a monthly indicated that Alternative 1 would affect analyze the effects of noise, vibration, maintenance program be established for the east bank of Taylor Bayou and and pollution from the project on area mowing grass along the right-of way. would eliminate conservation ecology. Comments also expressed Response. The EIS will consider the management in that area. Comments concern about habitat loss resulting potential impact on biological resources, also stated that alternative alignments from the project, and questioned including the potential impact of habitat adjacent to Taylor Bayou would affect whether lands designated for this loss and disruption of wildlife corridors, inter-tidal marsh and upland to wet project would remain as undeveloped and will include mitigation as hardwood forest. Comments requested habitat if this project were not built. appropriate, depending on the potential that the EIS address potential impacts Comments requested that the EIS effects identified in the EIS. and appropriate mitigation plans. include a comparison of timelines for Comments remarked that the proposed development due to this project versus Comments on Endangered, Threatened, rail line would diminish the aesthetic development due to other reasons. and Rare Species value of the Armand Bayou Coastal Response. The EIS will consider the Comments expressed generalized Preserve and interfere with educational existing terrestrial and aquatic resources concern over the presence of programs at the preserve and the nature within the project area and the potential endangered and/or protected animal
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and plant species in the area of the K. Land Use Comments on Future Land Use and Proposed Action. Comments expressed Time Period for Analysis concern about the presence of the Comments on Current and Future Impacts Comments suggested that the corridor Federally listed endangered species, the where new rail lines would be Texas prairie dawn-flower in the Comments expressed concern that a constructed as part of the Proposed proposed project area and provided new rail line would result in adverse Action and some of the alternatives general information about the flower. impacts on both current and future land serve as a buffer from further industrial Comments provided lists of Endangered uses. Specific concerns were expressed development for residential and Threatened Species that may occur regarding current land use including communities to the north and south. in Harris County and requested that the impacts on the Runway Protection Zone Comments stated that the EIS should area affected by the proposed alignment (RPZ) and safe use of the runways at project land use for longer than three to be properly evaluated by trained Ellington Field. Comments expressed six years because of the potential for a biologists for the presence or absence of concern about the impact on the use of new rail line to encourage conversion of such species. Sylvan Rodriguez Park. Concerns were a residential area to a mixed-use area Response. The EIS will consider the expressed about future land use, containing industrial, commercial, and existing plant and animal communities including impacts to runway extensions residential uses. in the project area, the potential impact or taxiway additions at Ellington Field, Response. The EIS will use the best to those communities, and possible new development at or near Ellington available information for reasonably mitigation (where appropriate) Field, and increased industrial (rather foreseeable development to analyze any depending on the potential effects than residential or commercial) future changes in land use and the identified in the EIS. At the request of development around the portions of the timeframe for those changes in the area the U.S. Fish & Wildlife Service, SEA Proposed Action and Alternatives. affected by the Proposed Action and conducted a survey for the Texas prairie Regarding future land uses, comments Alternatives. The EIS will address dawn in the project area. The EIS will specifically suggested that SEA consult potential development of the project address the potential impacts to special with NASA, the cities of Houston and area for mixed use in the context of status species, including the Texas Pasadena, and the Clear Lake Area current residential, industrial, prairie dawn. Economic Development Foundation. commercial, and institutional uses that J. Topography, Geology and Soils Comments indicated that the EIS should include Ellington Field, a wastewater address consistency of the proposed treatment plant near Ellington Field, the General Comments on Geology and Boeing rocket engine manufacturing Soils project with the coastal management program. facility, the NASA Sonny Carter Comments expressed the need for the Training Facility, a water treatment Response. The EIS will include an EIS to examine specific issues related to plant, aggregate production facilities, analysis of the potential land use topography and geology, including miscellaneous light industrial and impacts of the Proposed Action and consideration of subsidence, soil commercial operations, gas fields, two stability, wells and deep well injection Alternatives. The EIS land use analysis gas plants, a golf club, and undeveloped sites, surface faults, and salt domes. will include consideration of natural areas. consistency of the project with the Response. The EIS will analyze the L. Socioeconomics geology and soils found within the Coastal Zone Management Plan. The EIS project area, including unique or will analyze both potential effects on General Comments current land use and effects on problematic geologic formations or soils Comments addressed the impact of reasonably foreseeable future land use. and prime farmland and hydric soils the Bayport Loop project on The EIS will reflect the input of and the potential impacts on these socioeconomics in the Houston- cooperating agencies and consultations resources resulting from the Galveston area. Comments expressed with other agencies and organizations, construction and operation of the general concern over lowered quality of including those specifically mentioned Proposed Action and Alternatives. The life or the absence of economic benefits. EIS will include consideration of other here. Regarding Ellington Field, SEA is Comments were received requesting an characteristics that are relevant to consulting with the FAA and the City of examination of economic impacts. identification of potential impacts from Houston on the potential impacts of the Response. The EIS will examine the Proposed Action, as appropriate. Proposed Action. The FAA is using this economic and social effects that would EIS to cover its Federal Action and Comments Specific to Soil Erosion result from effects of the Proposed decision relative to its authority. Upon Action and Alternatives on the natural Comments mentioned the need to request by the owner of Ellington Field or physical environment. The EIS will minimize soil erosion and siltation into (i.e., the City of Houston) to (1) approve analyze environmental impacts from the various water bodies. Methods proposed a change to the airport layout plan Proposed Action and Alternatives such include hay bales, silt fences, or other (ALP) to accommodate the Proposed as noise, air quality, land use, and soil erosion prevention techniques. Action and (2) release the affected transportation, to determine if these Comments also noted that newly graded airport property from surplus property impacts might affect quality of life. areas should be seeded or sodded with restrictions and/or the airport owner’s native grasses, leguminous forbs, and obligations under grant assurances Comments on Property Values and trees and that natural buffers around contained in grant agreements, FAA will Economic Costs wetlands and aquatic systems should determine whether the ALP approval Comments expressed concern over remain undisturbed. and release is appropriate pursuant to impacts on property values, including Response. The EIS will include 49 U.S.C. 47151–47153 (formerly known degradation in value. Comments stated consideration of erosion impacts and as the Surplus Property Act), 49 U.S.C. that the Proposed Action ultimately mitigation, if appropriate. This topic 47107(c)(2)(B), 49 U.S.C. 47107(a)(16), would result in loss of tax revenue, will be addressed in the water resources and any other applicable Federal law, partly as the result of lowered property section of the EIS. regulation, and applicable FAA Orders. values. Comments requested a cost-
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benefit analysis, including construction Comments on Public Services all the alternatives, including the No- costs, income, expense, and cash flow Comments indicated that construction Action Alternative. In addition, statements, and annual rail and operation of a new rail line would comments indicated that the analysis for transportation cost savings. Comments result in negative impacts on public each alternative should include all requested a complete economic analysis services, including the new Texas affected populations, which may of the project. Comments also indicated Children’s Health Center (TCHC). include populations along rail lines the need to analyze in the EIS factors Response. To determine the potential other than those used directly by the such as property values, quality of life, effects of the Proposed Action and Proposed Action and Alternatives. franchise taxes, and job growth. Alternatives on public service facilities Comments suggested that the analysis Comments also referred to the tax base in the project area, the EIS is analyzing use 2000 Census Bureau data and for the Clear Creek Independent School environmental impacts such as noise, determine the affected areas based on District. Comments noted that chemical air quality, land use, and transportation, the results of analyses in other sections plants and other industries are to determine if they might result in of the EIS. important to maintain the economic adverse effects to public services, Response. The EIS will address viability and growth of the area. including TCHC. potential impacts of the Proposed Comments also stated support for Action and Alternatives on competition and fairness in Comments on Parks and Recreation and environmental justice communities. The transportation costs to the chemical Aesthetics EIS will describe the affected industry. Comments stated that the proposed environment and environmental Response. The EIS will analyze the rail line would have impacts on parks. consequences associated with the socioeconomic effects that are Comments specifically stressed that the Proposed Action and Alternatives across reasonably foreseeable and that may project would produce significant a range of topics, e.g., noise, hazardous result from the Proposed Action and adverse impacts on the Sylvan materials transport, and highway/rail Alternatives. As noted above, the EIS Rodriguez Park. Comments also referred grade crossing safety. The will examine economic and social to potential impacts on the recreational environmental justice analysis will use effects associated with effects of the uses of Armand Bayou. Comments the results of these analyses to disclose Proposed Action and Alternatives on expressed concern about the effects of the affects to environmental justice the natural or physical environment. the Proposed Action and Alternatives populations (including direct, indirect, The regulations implementing NEPA at on the aesthetic value of nearby and cumulative effects) and determine 40 CFR 1502.23, state that if a cost- neighborhoods and surrounding land. whether the affects are benefit analysis relevant to the choice Response. The EIS will consider the disproportionately high and adverse. among environmentally different potential effects of the Proposed Action The EIS will use 2000 Census Bureau alternatives is being considered, the EIS and Alternatives on parks and data for minority populations. The should consider the cost-benefit recreation and aesthetics. equivalent data is not yet available for analysis in evaluating the alternatives.10 M. Cultural Resources income. The EIS will use the best available forecast of 2000 income levels. Comments on Employment and Income General Comments Comments on Public Involvement and Comments indicated that the project Comments indicated that the Environmental Justice proposed rail line might bring jobs and might negatively affect revitalization of commerce to the Houston area. a historic area located near the existing Comments stated that low-income, Comments also stated that loss of jobs mainline. Comments stated that an minority neighborhoods had not been would occur. Comments suggested that archeological survey of parts of the informed of the project in a timely the money funding the project might be proposed project would be necessary manner and expressed concern over the used to create new jobs instead. prior to construction due to potential impacts from the Proposed Action. Comments also stated that agencies Response. The EIS will analyze impacts on cultural resources. Response. The EIS will address should seek input from environmental economic impacts from the Proposed potential impacts to cultural resources justice communities as early in the Action and Alternatives, such as effects and will describe the results of scoping process as possible. on income and employment, associated archeological surveys conducted as part Response. The EIS will describe the with significant effects on the natural or of consultations with the Texas environmental justice outreach efforts physical environment. Historical Commission. during the scoping process and throughout the preparation of the 10 The Board considers the economic merits of a N. Environmental Justice document, including notifications proposed rail line construction and operation in the merits phase of the proceeding. At 49 U.S.C. General Comments concerning the project, public service § 10502 the Board exercises its authority to exempt Comments expressed concern over announcements for Spanish language rail carrier transportation. radio stations, distribution of a project (a) In a matter related to a rail carrier providing impacts that the Proposed Action could have on environmental justice fact sheet in Spanish, contacts with transportation subject to the jurisdiction of the community groups, availability of a Board under this part, the Board, to the maximum communities. Comments indicated that extent consistent with this part, shall exempt a the DEIS should account for the project hotline for Spanish speakers, person, class of persons, or a transaction or service environmental justice problems and extension of the scoping comment whenever the Board finds that the application in period. whole or in part of a provision of this part ‘‘ (disproportionate adverse effects (1) is not necessary to carry out the transportation primarily on low-income and minority O. Cumulative Impacts policy of Section 10101 of this title; and communities) already created in east (2) either— and southeast Houston by rail traffic Comments on Cumulative Impacts (A) the transaction of service is of limited scope; and resulting rail safety hazards. Comments stated that SEA should or (B) the application in whole or in part of the Comments indicated that the study consider the cumulative impacts of the provision is not needed to protect shippers from the areas used to examine environmental Bayport Loop Build-Out with other abuse of market power. justice impacts should be consistent for projects being planned in the local area.
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These comments mentioned the Bayport along with the Bayport Terminal in a projects are separate and distinct. They Terminal, the TxDOT SH 146 Major joint EIS. do not depend on each other Investment Study, the 2022 and 2025 Response. The EIS will contain economically or physically and each Metropolitan Transportation Plans, and analyses of the cumulative impacts of would proceed in the absence of the the Texas City/Shoal Point Container the Proposed Action and Alternatives other. Terminal, among others. Comments combined with other projects in the The Web site for the Surface stated that the EIS should study the local area, such as the Bayport Transportation Board is http:// cumulative impacts to rail and road Terminal. The analysis of cumulative www.stb.dot.gov. transportation, rail operations, air impacts will cover all relevant Decided: July 8, 2002. environmental impact areas described quality, noise, land use, property values, By the Board, Victoria Rutson, Chief, risks of hazardous material release, in this Final Scope. As discussed earlier Section of Environmental Analysis. in this Final Scope, SEA and USACE are wetlands, ecology, and environmental Vernon A. Williams, preparing separate EISs for this justice. Comments also stated that the Secretary. Proposed Action should be analyzed Proposed Action and for the Bayport Terminal project because the two BILLING CODE 4915–00–P
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BILLING CODE 4915–00–C [FR Doc. 02–17518 Filed 7–18–02; 8:45 am]
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DEPARTMENT OF TRANSPORTATION by August 8, 2002, with: Surface ADDRESSES: Direct all written comments Transportation Board, 1925 K Street, to either Department of the Treasury, Surface Transportation Board NW., Washington, DC 20423. ATTN: First Accounts, Main Treasury [STB Docket No. AB–55 (Sub–No. 620X)] A copy of any petition filed with the Building, Room 5017, 15th and Board should be sent to CSXT’s Pennsylvania Avenue, NW, Washington, CSX Transportation, Inc.— representative: Natalie S. Rosenberg, DC 20220 (Tel.: 202/622–0741) or Discontinuance of Service Exemption- Counsel, CSX Transportation, Inc., 500 [email protected]. in Raleigh County, WV Water Street J150, Jacksonville, FL 32202. FOR FURTHER INFORMATION CONTACT: You CSX Transportation, Inc. (CSXT) has If the verified notice contains false or can request additional information from filed a notice of exemption under 49 misleading information, the exemption or a copy of the collection from Jean CFR 1152 Subpart F—Exempt is void ab initio. Whaley, Director, Office of the Assistant Abandonments and Discontinuances to Board decisions and notices are Secretary (Financial Institutions), discontinue service over approximately available on our website at Department of the Treasury, Main 15.12 miles of railroad at Jarrolds Valley WWW.STB.DOT.GOV. Treasury Building, 15th and Junction between milepost CLP 0.0 and Decided: July 12, 2002. the end of track near Clear Creek at Pennsylvania Avenue, NW, Washington, By the Board, David M. Konschnik, DC 20220 (Tel.: 202/622–0741). milepost CLP 15.12, in Raleigh County, Director, Office of Proceedings. WV. The line traverses United States Vernon A. Williams, SUPPLEMENTARY INFORMATION: Postal Service Zip Codes 25008, 25044, Secretary. Title: First Accounts Program 25048, 25060, and 25193. CSXT has certified that: (1) No local [FR Doc. 02–18246 Filed 7–18–02; 8:45 am] Agreement for Grants. traffic has moved over the line for at BILLING CODE 4915–00–P OMB Number: 1505–0188. least 2 years; (2) there is no overhead Abstract: Treasury’s Office of the traffic on the line; (3) no formal Assistant Secretary (Financial DEPARTMENT OF THE TREASURY complaint filed by a user of rail service Institutions) is collecting information on the line (or by a state or local under the terms of a Grant Agreement government entity acting on behalf of Office of the Assistant Secretary (Financial Institutions); Proposed between Treasury and awardees of First such user) regarding cessation of service Accounts grants. The paramount goal of over the line either is pending with the Renewal of Information Collection; the First Accounts grants is to move a Surface Transportation Board (Board) or Comment Request maximum number of ‘‘unbanked’’ low- with any U.S. District Court or has been ACTION: Notice and request for and moderate-income individuals to a decided in favor of complainant within comments. the 2–year period; and (4) the ‘‘banked’’ status with either an insured requirements at 49 CFR 1105.7 SUMMARY: The Department of the credit union or an insured depository (environmental reports), 49 CFR 1105.8 Treasury’s (‘‘Treasury’’) Office of the institution. The collection of (historic reports), 49 CFR 1105.11 Assistant Secretary (Financial information in the Grant Agreement is (transmittal letter), 49 CFR 1105.12 Institutions), which administers the fivefold. First, it requires each awardee (newspaper publication), and 49 CFR First Accounts Grant Program, and as to submit to Treasury an opinion of 1152.50(d)(1) (notice to governmental part of its continuing effort to reduce awardee counsel addressing such agencies) have been met. paperwork and respondent burden, commercially standard matters as the As a condition to this exemption, any invites the general public and other due authorization, execution, delivery employee adversely affected by the Federal agencies to take this and enforceability of the Grant discontinuance shall be protected under opportunity to comment on a Agreement. Second, it requires each Oregon Short Line R. Co.— continuing information collection, as awardee to submit to Treasury quarterly Abandonment—Goshen, 360 I.C.C. 91 required by the Paperwork Reduction reports addressing the awardee’s (1979). To address whether this Act of 1995, Public Law 104–13 (44 financial and project performance. condition adequately protects affected U.S.C. 3506(c)(2)(A)). Currently, the Third, it requires each awardee to employees, a petition for partial Office of the Assistant Secretary submit to Treasury a final financial and revocation under 49 U.S.C. 10502(d) (Financial Institutions) within Treasury performance report after the expiration must be filed. is soliciting comment concerning its of the grant. Fourth, it requires each Provided no formal expression of renewal of a collection of information awardee to submit annually to Treasury intent to file an offer of financial titled, ‘‘First Accounts Program audited financial statements. Fifth, it assistance (OFA) has been received, this Agreement for Grants.’’ imposes specific record keeping exemption will be effective on August DATES: Written comments should be 20, 2002, unless stayed pending requirements. The purpose of the received on or before September 20, collection of information is to ensure reconsideration. Petitions to stay and 2002 to be assured of consideration. formal expressions of intent to file an that the Grant Agreement constitutes a 1 legally binding obligation of each OFA under 49 CFR 1152.27(c)(2), and CSXT only intends to discontinue service over the trail use/rail banking requests under 49 line and does not intend to abandon the line, but awardee and to monitor awardee CFR 1152.29 must be filed by July 29, intends instead to leave the line in place. CSXT compliance, performance, and financial 2 indicates that this would facilitate possible future soundness. The purpose of the record 2002. Petitions to reopen must be filed operations over the line in the event the coal market would warrant those operations. Because CSXT’s keeping requirements is to ensure both 1 Each offer of financial assistance must be discontinuance of service will merely result in the the effective and efficient use of the accompanied by the filing fee, which is currently cessation of service over the line, and has not grant consistent with sound business set at $1,100. See 49 CFR 1002.2(f)(25). sought abandonment authority, this proceeding is 2 Because this is a discontinuance proceeding, exempt from the report requirements listed above practices, and the ability to audit the trail use/rail banking and public use conditions are and no environmental documentation will be use of the grant consistent with the not appropriate. This proceeding is exempt from prepared. See 49 CFR 1105.6 (c)(6) and 1105.8 (a) Grant Agreement. environmental and historic reporting requirements. and (b).
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Current Actions: Extension. DATES: Written comments should be Estimated Number of Respondents/ Type of Review: Extension. received on or before August 19, 2002, Recordkeepers: 12,000,000. Affected Public: For-profit to be assured of consideration. Estimated Burden Hours Per Respondent/Recordkeeper: institutions, not-for-profit institutions, Internal Revenue Service (IRS) and Local Governments. Recordkeeping—39 min. OMB Number: 1545–0119. Estimated Number of Respondents: Learning about the law or the form—24 15. Form Number: IRS Form 1099–R. Type of Review: Extension. min. Estimated Total Annual Responses: Title: Distributions From Pensions, Preparing and sending the form to the 90–105. Annuities, Retirement or Profit-Sharing IRS—59 min. Frequency of Responses: This varies, Plans, IRAs, Insurance Contracts, etc. Frequency of Response: On occasion. depending on the specific reporting Description: Form 1099–R is used to Estimated Total Reporting/ requirements, but consists of quarterly, report distributions from pensions, Recordkeeping Burden: 24,600,000 annual and on occasion reporting annuities, profit-sharing or retirement hours. requirements. plans, IRAs, and the surrender of OMB Number: 1545–0877. Estimated Total Annual Burden insurance contracts. This information is Hours: 555 hours. Form Number: IRS Form 1099–A. used by IRS to verify that income has Type of Review: Extension. Requests for Comments been properly reported by the recipient. Title: Acquisition or Abandonment of Respondents: Business or other for- Comments submitted in response to Secured Property. profit, Not-for-profit institutions, Description: Form 1099–A is used by this notice will be summarized and/or Federal Government, State, Local or included in the request for OMB lenders to report foreclosures and Tribal Government. abandonments of property that is approval. All comments will become a Estimated Number of Respondents: security for a loan. matter of public record. Comments are 350,000. invited on: (a) Whether the collection of Estimated Burden Hours Per Respondents: Business or other for- information is necessary, including Respondent: 18 minutes. profit. whether the information has practical Frequency of Response: Annually. Estimated Number of Respondents: utility; (b) the accuracy of the estimate Estimated Total Reporting Burden: 12,916. of the burden of the collection of 18,704,546 hours. Estimated Burden Hours Per information; (c) ways to enhance the OMB Number: 1545–0235. Respondent: 10 minutes. quality, utility, and clarity of the Form Number: IRS Form 730. Frequency of Response: Annually. information to be collected; (d) ways to Type of Review: Revision. Estimated Total Reporting Burden: minimize the burden of the collection of Title: Monthly Tax on Wagering. 61,817 hours. information on respondents, including Description: Form 730 is used to Clearance Officer: Glenn Kirkland, through the use of automated collection identify taxable wagers and collect the Internal Revenue Service, Room 6411– techniques or other forms of information tax monthly. The information is used to 03, 1111 Constitution Avenue, NW., technology; and (e) estimates of capital determine if persons accepting wagers Washington, DC 20224, (202) 622–3428. or start-up costs and costs of operation, are correctly reporting the amount of OMB Reviewer: Joseph F. Lackey, Jr., maintenance, and purchase of services wagers and paying the required tax. Office of Management and Budget, to provide information. Respondents: Business or other for- Room 10235, New Executive Office Dated: July 11, 2002. profit, Individuals or households. Building, Washington, DC 20503, (202) Jean Whaley, Estimated Number of Respondents/ 395–7316. Recordkeepers: 4,150. Director, Office of the Assistant Secretary Lois K. Holland, (Financial Institutions). Estimated Burden Hours Per Respondent/Recordkeeper: Departmental Reports Management Officer. [FR Doc. 02–18248 Filed 7–18–02; 8:45 am] Recordkeeping—5 hr., 44 min. [FR Doc. 02–18247 Filed 7–18–02; 8:45 am] BILLING CODE 4810–25–P Learning about the law or the form—53 BILLING CODE 4830–01–P min. DEPARTMENT OF THE TREASURY Preparing, copying, assembling and sending the form to the IRS—1 hr., 1 Submission for OMB Review; min. DEPARTMENT OF TREASURY Comment Request Frequency of Response: Monthly. Bureau of Alcohol, Tobacco and Estimated Total Reporting/ Firearms July 10, 2002. Recordkeeping Burden: 391,289 hours. The Department of Treasury has OMB Number: 1545–0415. Proposed Collection; Comment submitted the following public Form Number: IRS Form W–4P. Request information collection requirement(s) to Type of Review: Extension. OMB for review and clearance under the Title: Withholding Certificate for ACTION: Notice and request for Paperwork Reduction Act of 1995, Pension or Annuity Payments. comments. Public Law 104–13. Copies of the Description: Form W–4P is used by submission(s) may be obtained by the recipient of pension or annuity SUMMARY: The Department of the calling the Treasury Bureau Clearance payments to designate the number of Treasury, as part of its continuing effort Officer listed. Comments regarding this withholding allowances he or she is to reduce paperwork and respondent information collection should be claiming, an additional amount to be burden, invites the general public and addressed to the OMB reviewer listed withheld, or to elect that no tax be other Federal agencies to take this and to the Treasury Department withheld, so that the payer can opportunity to comment on proposed Clearance Officer, Department of the withhold the proper amount. and/or continuing information Treasury, Room 2110, 1425 New York Respondents: Individuals or collections, as required by the Avenue, NW., Washington, DC 20220. households. Paperwork Reduction Act of 1995,
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Public Law 104–13 (44 U.S.C. through the use of automated collection benefits available under 38 U.S.C. 3506(c)(2)(A)). Currently, the Bureau of techniques or other forms of information 2101(a). The information requested is Alcohol, Tobacco and Firearms within technology; and (e) estimates of capital necessary in order to determine if it is the Department of the Treasury is or start-up costs and costs of operation, economically feasible for a veteran to soliciting comments concerning the maintenance, and purchase of services reside in specially adapted housing and Certificate of Compliance With 18 to provide information. also to compute the proper grant U.S.C. 922(g)(5)(B). Dated: July 11, 2002. amount. DATES: Written comments should be William T. Earle, An agency may not conduct or sponsor, and a person is not required to received on or before September 17, Assistant Director (Management) CFO. respond to a collection of information 2002 to be assured of consideration. [FR Doc. 02–18322 Filed 7–18–02; 8:45 am] ADDRESS unless it displays a currently valid OMB : Direct all written comments to BILLING CODE 4810–31–M Bureau of Alcohol, Tobacco and control number. The Federal Register Firearms, Linda Barnes, 650 Notice with a 60-day comment period soliciting comments on this collection Massachusetts Avenue, NW., DEPARTMENT OF VETERANS Washington, DC 20226, (202) 927–8930. of information was published on April AFFAIRS 23, 2002 at page 19808. FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or Requests for additional information or [OMB Control No. 2900–0031] households. copies of the form(s) and instructions Agency Information Collection Estimated Annual Burden: 150 hours. should be directed to Derek O. Ball, Activities Under OMB Review Estimated Average Burden Per Firearms and Explosives Import Branch, Respondent: 15 minutes. 650 Massachusetts Avenue, NW., AGENCY: Veterans Benefits Frequency of Response: On occasion. Washington, DC 20226, (202) 927–8320. Administration, Department of Veterans Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Affairs 600. Title: Certificate of Compliance With ACTION: Notice. 18 U.S.C. 922(g)(5)(B) Dated: July 9, 2002. OMB Number: 1512–0571 SUMMARY: In compliance with the By direction of the Secretary. Form Number: ATFF 5330.20 Paperwork Reduction Act (PRA) of 1995 Genie McCully, Abstract: The law of 18 U.S.C. (44 U.S.C., 3501 et seq.), this notice Acting Director, Information Management 922(g)(5)(B) makes it unlawful for any announces that the Veterans Benefits Service. nonimmigrant alien to ship or transport Administration (VBA), Department of [FR Doc. 02–18271 Filed 7–18–02; 8:45 am] in interstate commerce, or posses in or Veterans Affairs, has submitted the BILLING CODE 8320–01–P affecting commerce, any firearm, collection of information abstracted ammunition, which has been shipped or below to the Office of Management and transported in interstate or foreign Budget (OMB) for review and comment. DEPARTMENT OF VETERANS commerce. ATF F 5330.20 is for the The PRA submission describes the AFFAIRS nature of the information collection and purpose of ensuring that nonimmigrant [OMB Control No. 2900–0548] aliens certify their compliance its expected cost and burden; it includes according to the law at 18 U.S.C. the actual data collection instrument. Proposed Information Collection 922(g)(5)(B). DATES: Comments must be submitted on Activity: Proposed Collection; Current Actions: There are no changes or before August 19, 2002. Comment Request to this information collection and it is FOR FURTHER INFORMATION OR A COPY OF being submitted for extension purposes THE SUBMISSION CONTACT: Denise AGENCY: Board of Veterans’ Appeals, only. McLamb, Information Management Department of Veterans Affairs. Type of Review: Extension. Service (045A4), Department of ACTION: Notice. Affected Public: Individuals or Veterans Affairs, 810 Vermont Avenue, SUMMARY: households. NW, Washington, DC 20420, (202) 273– The Board of Veterans’ Estimated Number of Respondents: 8030, FAX (202) 273–5981 or e-mail: Appeals (BVA), Department of Veterans 3,000. [email protected]. Please Affairs (VA), is announcing an Estimated Total Annual Burden refer to ‘‘OMB Control No. 2900–0031.’’ opportunity for public comment on the Hours: 150. Send comments and proposed collection of certain Request for Comments: Comments recommendations concerning any information used by the agency. Under submitted in response to this notice will aspect of the information collection to the Paperwork Reduction Act (PRA) of be summarized and/or included in the VA’s OMB Desk Officer, OMB Human 1995, Federal agencies are required to request for OMB approval. All Resources and Housing Branch, New publish notice in the Federal Register comments will become a matter of Executive Office Building, Room 10235, concerning each proposed collection of public record. Comments are invited on: Washington, DC 20503 (202) 395–7316. information, including each proposed (a) Whether the collection of Please refer to ‘‘OMB Control No. 2900– extension of a currently approved information is necessary for the proper 0031’’ in any correspondence. collection, and allow 60 days for public comment in response to the notice. This performance of the functions of the SUPPLEMENTARY INFORMATION: agency, including whether the Title: Veteran’s Supplemental notice solicits comments for information information shall have practical utility; Application for Assistance in Acquiring needed to assess the effectiveness of (b) the accuracy of the agency’s estimate Specially Adapted Housing, VA Form current procedures used in conducting of the burden of the collection of 26–4555c. hearing. information; (c) ways to enhance the OMB Control Number: 2900–0031. DATES: Written comments and quality, utility, and clarity of the Type of Review: Extension of a recommendations on the proposed information to be collected; (d) ways to currently approved collection. collection of information should be minimize the burden of the collection of Abstract: The form is used by Loan received on or before September 17, information on respondents, including Guaranty Personnel in approving the 2002.
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ADDRESSES: Submit written comments By direction of the Secretary. collection of information is necessary on the collection of information to Gayle Genie McCully, for the proper performance of VBA’s Srommen (01), Department of Veterans Acting Director, Information Management functions, including whether the Affairs, 810 Vermont Avenue, NW, Service. information will have practical utility; Washington, DC 20420 or e-mail: [FR Doc. 02–18269 Filed 7–18–02; 8:45 am] (2) the accuracy of VBA’s estimate of the [email protected]. Please BILLING CODE 8320–01–P burden of the proposed collection of refer to ‘‘OMB Control No. 2900–0548’’ information; (3) ways to enhance the in any correspondence. quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS information to be collected; and (4) Gayle Strommen at (202) 565–9717 or AFFAIRS ways to minimize the burden of the FAX (202) 565–4064. [OMB Control No. 2900–0061] collection of information on SUPPLEMENTARY INFORMATION: Under the respondents, including through the use PRA of 1995 (Public Law 104–13; 44 Proposed Information Collection of automated collection techniques or U.S.C., 3501–3520), Federal agencies Activity: Proposed Collection; the use of other forms of information must obtain approval from the Office of Comment Request technology. Titles: Request for Supplies (Chapter Management and Budget (OMB) for each AGENCY: Veterans Benefits collection of information they conduct 31-Vocatonal Rehabilitation), VA Form Administration, Department of Veterans 28–1905m. or sponsor. This request for comment is Affairs. being made pursuant to Section OMB Control Number: 2900–0061. ACTION: Notice. 3506(c)(2)(A) of the PRA. Type of Review: Extension of a currently approved collection. With respect to the following SUMMARY: The Veterans Benefits Abstract: VA Form 28–1905m is used collection of information, BVA invites Administration (VBA), Department of to request supplies for veterans in comments on: (1) Whether the proposed Veterans Affairs (VA), is announcing an rehabilitation facilities. The official at collection of information is necessary opportunity for public comment on the the facility providing rehabilitation for the proper performance of BVA’s proposed collection of certain services to the veteran completes the functions, including whether the information by the agency. Under the form and certifies that the veteran needs information will have practical utility; Paperwork Reduction Act (PRA) of the supplies for his or her program and (2) the accuracy of BVA’s estimate of the 1995, Federal agencies are required to that the veteran does not have the burden of the proposed collection of publish notice in the Federal Register requested item in his or her possession. information; (3) ways to enhance the concerning each proposed collection of The veteran also certifies that he or she quality, utility, and clarity of the information, including each proposed is not in possession of any of the information to be collected; and (4) extension of a currently approved supplies listed on the form. ways to minimize the burden of the collection and allow 60 days for public Affected Public: Not-for-profit collection of information on comment in response to the notice. This institutions, individuals or households, respondents, including through the use notice solicits comments for information business or other for-profit. of automated collection techniques or needed to determine that the requested Estimated Annual Burden: 1,000 the use of other forms of information supplies are reasonable for veterans use hours. technology. in rehabilitation program. Estimated Average Burden Per Titles: Generic Clearance for Board of DATES: Written comments and Veterans’ Appeals Customer Satisfaction Respondent: 60 minutes. recommendations on the proposed Frequency of Response: On occasion. with Hearing Survey, VA Form 0745. collection of information should be OMB Control Number: 2900–0548. Estimated Number of Respondents: received on or before September 17, 1,000. Type of Review: Reinstatement, with 2002. change, of a previously approved Dated: July 9, 2002. ADDRESSES: Submit written comments collection for which approval has By direction of the Secretary. expired. on the collection of information to Nancy J. Kessinger, Veterans Benefits Genie McCully, Abstract: The presiding official at Acting Director, Information Management hearings conducted by the BVA will, at Administration (20S52), Department of Veterans Affairs, 810 Vermont Avenue, Service. the conclusion of the proceeding, [FR Doc. 02–18270 Filed 7–18–02; 8:45 am] present the appellant with a Customer NW, Washington, DC 20420 or e-mail: BILLING CODE 8320–01–P Satisfaction with Hearing Survey, VA [email protected]. Please refer to Form 0745 to complete. The appellant is ‘‘OMB Control No. 2900–0061’’ in any correspondence. informed that participation is voluntary, DEPARTMENT OF VETERANS anonymous and will have no bearing on FOR FURTHER INFORMATION CONTACT: AFFAIRS the outcome of the hearing. BVA will Nancy J. Kessinger at (202) 273–7079 or use the information to assess the FAX (202) 275–5947. [OMB Control No. 2900–0209] effectiveness of current procedures used SUPPLEMENTARY INFORMATION: Under the Agency Information Collection in conducting hearings and to develop PRA of 1995 (Public Law 104–13; 44 Activities Under OMB Review better methods of serving veterans. U.S.C., 3501–3520), Federal agencies Affected Public: Individuals or must obtain approval from the Office of AGENCY: Veterans Benefits households. Management and Budget (OMB) for each Administration, Department of Veterans Estimated Annual Burden: 600 hours. collection of information they conduct Affairs. Estimated Average Burden Per or sponsor. This request for comment is ACTION: Notice. Respondent: 6 minutes. being made pursuant to Section Frequency of Response: One time. 3506(c)(2)(A) of the PRA. SUMMARY: In compliance with the Estimated Number of Respondents: With respect to the following Paperwork Reduction Act (PRA) of 1995 6,000. collection of information, VBA invites (44 U.S.C., 3501 et seq.), this notice Dated: July 2, 2002. comments on: (1) Whether the proposed announces that the Veterans Benefits
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Administration (VBA), Department of soliciting comments on this collection SUMMARY: In compliance with the Veterans Affairs, has submitted the of information was published on April Paperwork Reduction Act (PRA) of 1995 collection of information abstracted 23, 2002, at page 19807. (44 U.S.C., 3501 et seq.), this notice below to the Office of Management and Affected Public: Individuals or announces that the Veterans Benefits Budget (OMB) for review and comment. households. Administration (VBA), Department of The PRA submission describes the Estimated Annual Burden: 9,184. Veterans Affairs, has submitted the nature of the information collection and a. Application for Work-Study collection of information abstracted its expected cost and burden; it includes Allowance (38 U.S.C. Chapters 30, 31, below to the Office of Management and the actual data collection instrument. 32 and 35; 10 U.S.C. Chapter 1606), VA Budget (OMB) for review and comment. DATES: Comments must be submitted on Form 22–8691—5,500 hours. The PRA submission describes the or before August 19, 2002. b. Student Work-Study Agreement nature of the information collection and (Student Services), VA Form 22–8692— its expected cost and burden; it includes FOR FURTHER INFORMATION OR A COPY OF 1,667 hours. the actual data collection instrument. THE SUBMISSION CONTACT: Denise c. Extended Student Work-Study McLamb, Information Management DATES: Comments must be submitted on Agreement, VA Form 22–8692a—350 or before August 19, 2002. Service (045A4), Department of hours. Veterans Affairs, 810 Vermont Avenue, FOR FURTHER INFORMATION OR A COPY OF d. Work-Study Agreement (Student THE SUBMISSION CONTACT: Denise NW., Washington, DC 20420, (202) 273– Services), VA Form 22–8692b—1,667 8030, FAX (202) 273–5981 or e-mail: McLamb, Information Management hours. Service (045A4), Department of [email protected]. Please Estimated Average Burden Per refer to ‘‘OMB Control No. 2900–0209.’’ Veterans Affairs, 810 Vermont Avenue, Respondent: 7 minutes. NW., Washington, DC 20420, (202) 273– Send comments and a. Application for Work-Study 8030, FAX (202) 273–5981 or e-mail: recommendations concerning any Allowance (38 U.S.C. Chapters 30, 31, aspect of the information collection to [email protected]. Please 32 and 35; 10 U.S.C. Chapter 1606), VA refer to ‘‘OMB Control No. 2900–0362.’’ VA’s OMB Desk Officer, OMB Human Form 22–8691—10 minutes. Resources and Housing Branch, New Send comments and b. Student Work-Study Agreement recommendations concerning any Executive Office Building, Room 10235, (Student Services), VA Form 22–8692— Washington, DC 20503 (202) 395–7316. aspect of the information collection to 5 minutes. VA’s OMB Desk Officer, OMB Human Please refer to ‘‘OMB Control No. 2900– c. Extended Student Work-Study 0209’’ in any correspondence. Resources and Housing Branch, New Agreement, VA Form 22–8692a—3 Executive Office Building, Room 12035, SUPPLEMENTARY INFORMATION: minutes. Washington, DC 20503 (202) 395–7316. d. Work-Study Agreement (Student Titles Please refer to ‘‘OMB Control No. 2900– Services), VA Form 22–8692b—5 0362’’ in any correspondence. a. Application for Work-Study minutes. Allowance (38 U.S.C. Chapters 30, 31, Frequency of Response: On occasion. SUPPLEMENTARY INFORMATION: 32 and 35; 10 U.S.C. Chapter 1606), VA Estimated Number of Respondents: Titles Form 22–8691. 80,000 a. Claim Under Loan Guaranty b. Student Work-Study Agreement a. Application for Work-Study (Chapter 37, Title 38, U.S.C.), VA Form (Student Services), VA Form 22–8692. Allowance (38 U.S.C. Chapters 30, 31, 26–1874. c. Extended Student Work-Study 32 and 35; 10 U.S.C. Chapter 1606), VA b. Supplemental Claim Form— Agreement, VA Form 22–8692a. Form 22–8691—33,000. Adjustable Rate Mortgages, VA Form d. Work-Study Agreement (Student b. Student Work-Study Agreement 26–1874a. Services), VA Form 22–8692b. (Student Services), VA Form 22–8692— OMB Control Number: 2900–0362. OMB Control Number: 2900–0209. 20,000. Type of Review: Extension of a Type of Review: Revision of a c. Extended Student Work-Study currently approved collection. currently approved collection. Agreement, VA Form 22–8692a—7,000. d. Work-Study Agreement (Student Abstract Abstract Services), VA Form 22–8692b—20,000. a. Lenders and holders of VA a. Eligible veterans, Selected Dated: July 1, 2002. guaranteed home loans use VA Form Reservists, and survivors or dependents By direction of the Secretary. 26–1874 as notification to VA of default complete VA Form 22–8691 to apply for Genie McCully, loans. work-study benefits. b. VA Form 26–1874a is used as an b. VA Form 22–8692 is used by Acting Director, Information Management Service. attachment to VA Form 26–1874 when claimants to request an advance filing a claim under the loan guaranty [FR Doc. 02–18266 Filed 7–18–02; 8:45 am] payment of work-study allowance. resulting from the termination of an c. VA Form 22–8692a is used by the BILLING CODE 8320–01–P Adjustable Rate Mortgage Loan. The claimant to extend his or her contract. information obtained on both forms is d. VA Form 22–8692b is used by essential to VA in determining the claimants who do not want a work- DEPARTMENT OF VETERANS AFFAIRS amount owed to the holder under the study advanced allowance payment. guaranty. VA uses the information to determine [OMB Control No. 2900–0362] An agency may not conduct or the applicant’s eligibility to work-study sponsor, and a person is not required to allowance and the amount payable. Agency Information Collection respond to a collection of information An agency may not conduct or Activities Under OMB Review unless it displays a currently valid OMB sponsor, and a person is not required to AGENCY: Veterans Benefits control number. The Federal Register respond to a collection of information Administration, Department of Veterans Notice with a 60-day comment period unless it displays a currently valid OMB Affairs. soliciting comments on this collection control number. The Federal Register of information was published on March ACTION: Notice. Notice with a 60-day comment period 29, 2002, at pages 15286–15287.
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Affected Public: Business or other for- Administration (VBA), Department of veterans or other eligible persons do not profit. Veterans Affairs, has submitted the receive benefits for periods when they Estimated Annual Burden: 26,139 collection of information abstracted did not actually begin to participate in hours. below to the Office of Management and any rehabilitation or special restorative a. VA Form 26–1874—25,806 hours. Budget (OMB) for review and comment. or specialized vocational training b. VA Form 26–1874a—333 hours. The PRA submission describes the program. VA uses the information to Estimated Average Burden Per nature of the information collection and establish the correct beginning and Respondent: 59 minutes (average). its expected cost and burden; it includes ending dates for the education, training, a. VA Form 26–1874—60 minutes. the actual data collection instrument. or other rehabilitation services and the b. VA Form 26–1874a—20 minutes. DATES: Comments must be submitted on correct rates for subsistence allowance Frequency of Response: On occasion. payments. Estimated Number of Total or before August 19, 2002. Respondents: 26,806. FOR FURTHER INFORMATION OR A COPY OF An agency may not conduct or a. VA Form 26–1874—25,806. THE SUBMISSION CONTACT: Denise sponsor, and a person is not required to b. VA Form 26–1874a—1,000. McLamb, Information Management respond to a collection of information Service (045A4), Department of unless it displays a currently valid OMB Dated: July 1, 2002. control number. The Federal Register By direction of the Secretary. Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 273– Notice with a 60-day comment period Genie McCully, 8030, FAX (202) 273–5981 or e-mail: soliciting comments on this collection Acting Director, Information Management [email protected]. Please of information was published on April Service. refer to ‘‘OMB Control No. 2900–0014.’’ 29, 2002, at pages 21016—21017. [FR Doc. 02–18267 Filed 7–18–02; 8:45 am] Send comments and Affected Public: Individuals or BILLING CODE 8320–01–P recommendations concerning any households, Business or other for-profit, aspect of the information collection to Not-for-profit institutions, Farms, and VA’s OMB Desk Officer, OMB Human State, Local or Tribal Government. DEPARTMENT OF VETERANS Resources and Housing Branch, New Estimated Annual Burden: 2,917 AFFAIRS Executive Office Building, Room 10235, hours. [OMB Control No. 2900–0014] Washington, DC 20503 (202) 395–7316. Estimated Average Burden Per Please refer to ‘‘OMB Control No. 2900– Respondent: 5 minutes. Agency Information Collection 0014’’ in any correspondence. Activities Under OMB Review Frequency of Response: On occasion. SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: AGENCY: Veterans Benefits Title: Authorization and Certification 35,000. Administration, Department of Veterans of Entrance or Reentrance into Dated: July 1, 2002. Affairs. Rehabilitation and Certification of By direction of the Secretary. ACTION: Notice. Status, VA Form 28–1905. OMB Control Number: 2900–0014. Genie McCully, SUMMARY: In compliance with the Type of Review: Extension of a Acting Director, Information Management Paperwork Reduction Act (PRA) of 1995 currently approved collection. Service. (44 U.S.C., 3501 et seq.), this notice Abstract: The information collected [FR Doc. 02–18268 Filed 7–18–02; 8:45 am] announces that the Veterans Benefits on VA Form 28–1905 ensures that BILLING CODE 8320–01–P
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Corrections Federal Register Vol. 67, No. 139
Friday, July 19, 2002
This section of the FEDERAL REGISTER instruction 9., in the third line, ‘‘(7/02)’’ DATES heading, in the third line contains editorial corrections of previously should read ‘‘(Jul/02)’’. ‘‘September 9, 2000’’ should read published Presidential, Rule, Proposed Rule, 2. On page 43514, in the second ‘‘September 9, 2002’’. and Notice documents. These corrections are column, in the same section, in the [FR Doc. C2–17412 Filed 7–18–02; 8:45 am] prepared by the Office of the Federal same amendatory instruction, in the Register. Agency prepared corrections are BILLING CODE 1505–01–D issued as signed documents and appear in fifth line, ‘‘7/02’’ should read ‘‘Jul 02’’. the appropriate document categories 52.233-1 [Corrected] elsewhere in the issue. 3. On page 43514, in the second DEPARTMENT OF THE INTERIOR column, in 52.233-1, in the sixth line Bureau of Land Management from the bottom, ‘‘Disputes (7/02)’’ DEPARTMENT OF DEFENSE should read ‘‘Disputes (Jul/02)’’ [WO–350–1430–PE–24 1A] Department of the Army [FR Doc. C2–15940 Filed 7–18–02; 8:45 am] BILLING CODE 1505–01–D Extension of Approved Information Availability for Non-Exclusive, Collection, OMB Approval Number Exclusive, or Partially Exclusive 1004–0011 Licensing of U.S. Patent Application DEPARTMENT OF ENERGY Concerning Ricin Vaccine and Correction Methods of Making and Using Thereof Energy Information Adminstration In notice document 02–17411 Correction Agency Information Collection beginning on page 45985 in the issue of In the issue of Monday, July 15, 2002, Activities: Policy for Revisions to the Thursday, July 11, 2002 make the on page 46566, in the second column, Weekly Natural Gas Storage Report; following correction: Comment Request in the correction of notice document C2- On page 45985, in the third column, 16885, ‘‘110/083,336’’ should read ‘‘10/ Correction under the DATES heading, in the third 083,336’’. line ‘‘September 9, 2001’’ should read In notice document 02–17421 ‘‘September 9, 2002’’. [FR Doc. C2–16885 Filed 7–18–02; 8:45 am] beginning on page 45963 in the issue of BILLING CODE 1505–01–D Thursday, July 11, 2002, make the [FR Doc. C2–17411 Filed 7–18–02; 8:45 am] following correction: BILLING CODE 1505–01–D On page 45963, in the first column, DEPARTMENT OF DEFENSE under the heading ADDRESSES, in the GENERAL SERVICES fourth line, ‘‘202-586-4220’’ should DEPARTMENT OF JUSTICE ADMINISTRATION NATIONAL AERONAUTICS AND read, ‘‘202-586-4420’’. SPACE ADMINISTRATION [FR Doc. C2–17421 Filed 7–18–02; 8:45 am] [AAG/A Order No. 268-2002] BILLING CODE 1505–01–D 48 CFR Part 52 Privacy Act of 1974; Notice of the Removal of Two Systems of Records [FAC 2001–08; FAR Case 2000–406; Item DEPARTMENT OF THE INTERIOR l] Correction RIN 9000–AJ19 Bureau of Land Management In notice document 02–14400 Federal Acquisition Regulation; [WO–350–1430–PF–24 1A] appearing on page 39743 in the issue of Definition of ‘‘Claim’’ and Terms Monday, June 10, 2002, make the Relating to Termination Extension of Approved Information following correction: Collection, OMB Approval Number In the third column, in the first 1004–0012 Correction paragraph, the fourth line should read, In rule document 02–15940 beginning Correction ‘‘Federal Register on December 11, on page 43513 in the issue of Thursday, 1987, at 52 FR 47268 and the ‘‘Financial June 27, 2002, make the following In notice document 02–17412 Management System,’’ last published in corrections: beginning on page 45986 in the issue of the Federal Register on October 7, Thursday, July 11, 2002 make the 1988’’. 52.213-4 [Corrected] following correction: 1. On page 43514, in the second On page 45986, in the second column, [FR Doc. C2–14400 Filed 7–18–02; 8:45 am] column, in 52.213-4, in amendatory in the fourth paragraph, under the BILLING CODE 1505–01–D
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Part II
Department of Transportation Federal Aviation Administration
14 CFR Part 39 Airworthiness Directives; Final Rules
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DEPARTMENT OF TRANSPORTATION telephone (562) 627–5350; fax (562) detect damaged wiring, and that the 627–5210. proposed AD would require that Federal Aviation Administration Other Information: Sandi Carli, inspection to detect both chafing AND Airworthiness Directive Technical damaged wiring. The commenter states 14 CFR Part 39 Writer/Editor; telephone (425) 687– that its Engineering Order Work [Docket No. 2001–NM–53–AD; Amendment 4243, fax (425) 227–1232. Questions or Instructions state, ‘‘If the wiring at 39–12804; AD 2002–14–04] comments may also be sent via the Station Y=2163.00 bulkhead is not Internet using the following address: chafing or damaged, no further action is RIN 2120–AA64 [email protected]. Questions or required.’’ comments sent via the Internet as The FAA does not consider that a Airworthiness Directives; McDonnell attached electronic files must be change to the final rule is necessary. Douglas Model MD–11 and –11F formatted in Microsoft Word 97 for Operators are given credit for work Airplanes Windows or ASCII text. previously performed by means of the AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: A phrase in the ‘‘Compliance’’ section of Administration, DOT. proposal to amend part 39 of the Federal the AD that states, ‘‘Required as ACTION: Final rule. Aviation Regulations (14 CFR part 39) to indicated, unless accomplished include an airworthiness directive (AD) previously.’’ Therefore, in the case of SUMMARY: This amendment adopts a that is applicable to certain McDonnell this AD, if the required inspection has new airworthiness directive (AD), Douglas Model MD–11 and -11F been accomplished before the effective applicable to certain McDonnell airplanes was published in the Federal date of this AD, this AD does not require Douglas Model MD–11 and –11F Register on October 5, 2001 (66 FR that it be repeated. airplanes, that requires performing an 50899). That action proposed to require Explanation of Change to AD inspection of the wiring of the Firex performing an inspection of the wiring Applicability bottle discharge cartridge of the No. 2 of the Firex bottle discharge cartridge of engine at station Y=2163.00 bulkhead the No. 2 engine at station Y=2163.00 The FAA finds that Model MD–11F for chafing on adjacent structure and bulkhead for chafing on adjacent airplanes were not specifically damaged wiring; repairing damaged structure and damaged wiring; repairing identified by model name in the wires; and repositioning wires, if damaged wires; and repositioning wires, applicability of the proposed AD. necessary. This action is necessary to if necessary. However, those airplanes were prevent chafing and possible damage to identified by the manufacturer’s Comments the wiring of the Firex bottle discharge fuselage numbers in the effectivity cartridge of the No. 2 engine, which Interested persons have been afforded listing of Boeing Service Bulletin could result in improper distribution of an opportunity to participate in the MD11–26–037, dated November 8, 2000, the fire extinguishing agent within the making of this amendment. Due which was referenced in the No. 2 engine in the event of a fire. This consideration has been given to the applicability of the proposed AD. action is intended to address the comments received. Therefore, we have revised this AD to identified unsafe condition. Request To Withdraw Proposed AD specifically reference Model MD–11 and DATES: Effective August 23, 2002. –11F airplanes where appropriate. In The incorporation by reference of One commenter requests that the addition, we have revised the certain publications listed in the proposed AD be withdrawn, because applicability of the existing AD to regulations is approved by the Director repetitive maintenance tasks are identify model designations as of the Federal Register as of August 23, performed on the fire extinguishers and published in the most recent type 2002. the condition of the circuit can be certificate data sheet for the affected inspected easily. Therefore, the ADDRESSES: models. The service information proposed AD is unnecessary. referenced in this AD may be obtained The FAA does not agree. Because Explanation of Change of Definition from Boeing Commercial Aircraft airplane maintenance manuals (AMM) For clarification purposes, the FAA Group, Long Beach Division, 3855 are not FAA-approved and the has revised the definition of a ‘‘general Lakewood Boulevard, Long Beach, procedures specified in AMMs vary visual inspection’’ in Note 2 of this AD. California 90846, Attention: Data and from operator to operator, there are no Service Management, Dept. C1–L5A assurances that each operator’s AMM Conclusion (D800–0024). This information may be contains the equivalent actions required After careful review of the available examined at the Federal Aviation by this AD. Therefore, no change to this data, including the comments noted Administration (FAA), Transport final rule is necessary in this regard. above, the FAA has determined that air Airplane Directorate, Rules Docket, safety and the public interest require the Request That Credit Be Given for 1601 Lind Avenue, SW., Renton, adoption of the rule with the changes Previous Inspection Washington; or at the FAA, Los Angeles previously described. The FAA has Aircraft Certification Office, 3960 One commenter requests that the determined that these changes will Paramount Boulevard, Lakewood, proposed AD be revised to acknowledge neither increase the economic burden California; or at the Office of the Federal operators that have previously inspected on any operator nor increase the scope Register, 800 North Capitol Street, NW., for chafing and damage are exempt from of the AD. suite 700, Washington, DC. having to reaccomplish the wiring FOR FURTHER INFORMATION CONTACT: inspection. Under the heading Cost Impact Technical Information: Brett Portwood, ‘‘Difference Between the Service There are approximately 148 Model Aerospace Engineer, Systems and Bulletin and the Proposed AD’’ in the MD–11 and –11F series airplanes of the Equipment Branch, ANM–130L, FAA, preamble of the proposed AD, the affected design in the worldwide fleet. Los Angeles Aircraft Certification commenter notes that it states that the The FAA estimates that 58 airplanes of Office, 3960 Paramount Boulevard, referenced service bulletin describes U.S. registry will be affected by this AD, Lakewood, California 90712–4137; only procedures for an inspection to that it will take approximately 1 work
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hour per airplane to accomplish the Authority: 49 U.S.C. 106(g), 40113, 44701. Condition 2 (Chafing with No Damaged required inspection, and that the Wiring) § 39.13 [Amended] average labor rate is $60 per work hour. (2) If any chafing with no damaged wiring Based on these figures, the cost impact 2. Section 39.13 is amended by is detected, before further flight, reposition of the AD on U.S. operators is estimated adding the following new airworthiness wires, per the service bulletin. to be $3,480, or $60 per airplane. directive: The cost impact figure discussed Condition 3 (Chafing with Damaged Wiring) above is based on assumptions that no 2002–14–04 McDonnell Douglas: (3) If any chafing with damaged wiring is operator has yet accomplished any of Amendment 39–12804. Docket 2001– detected, before further flight, repair NM–53–AD. the requirements of this AD action, and damaged wires and reposition wires, per the that no operator would accomplish Applicability: Model MD–11 and –11F service bulletin. those actions in the future if this AD airplanes, as listed in Boeing Service Bulletin MD11–26–037, dated November 8, 2000; Alternative Methods of Compliance were not adopted. The cost impact certificated in any category. figures discussed in AD rulemaking (b) An alternative method of compliance or Note 1: This AD applies to each airplane adjustment of the compliance time that actions represent only the time identified in the preceding applicability necessary to perform the specific actions provides an acceptable level of safety may be provision, regardless of whether it has been used if approved by the Manager, Los actually required by the AD. These modified, altered, or repaired in the area Angeles Aircraft Certification Office (ACO), figures typically do not include subject to the requirements of this AD. For incidental costs, such as the time airplanes that have been modified, altered, or FAA. Operators shall submit their requests required to gain access and close up, repaired so that the performance of the through an appropriate FAA Principal planning time, or time necessitated by requirements of this AD is affected, the Maintenance Inspector, who may add other administrative actions. owner/operator must request approval for an comments and then send it to the Manager, alternative method of compliance in Los Angeles ACO. Regulatory Impact accordance with paragraph (b) of this AD. Note 4: Information concerning the The regulations adopted herein will The request should include an assessment of existence of approved alternative methods of the effect of the modification, alteration, or not have a substantial direct effect on compliance with this AD, if any, may be repair on the unsafe condition addressed by obtained from the Los Angeles ACO. the States, on the relationship between this AD; and, if the unsafe condition has not the national Government and the States, been eliminated, the request should include Special Flight Permits or on the distribution of power and specific proposed actions to address it. responsibilities among the various Compliance: Required as indicated, unless (c) Special flight permits may be issued in levels of government. Therefore, it is accomplished previously. accordance with sections 21.197 and 21.199 determined that this final rule does not To prevent chafing and possible damage to of the Federal Aviation Regulations (14 CFR have federalism implications under the wiring of the Firex bottle discharge 21.197 and 21.199) to operate the airplane to Executive Order 13132. cartridge of the No. 2 engine, which could a location where the requirements of this AD For the reasons discussed above, I result in improper distribution of the fire can be accomplished. certify that this action (1) is not a extinguishing agent within the No. 2 engine Incorporation by Reference ‘‘significant regulatory action’’ under in the event of a fire, accomplish the Executive Order 12866; (2) is not a following: (d) The actions shall be done in accordance ‘‘significant rule’’ under DOT General Visual Inspection with Boeing Service Bulletin MD11–26–037, dated November 8, 2000. This incorporation Regulatory Policies and Procedures (44 (a) Within 15 months after the effective by reference was approved by the Director of FR 11034, February 26, 1979); and (3) date of this AD, do a general visual will not have a significant economic inspection of the wiring of the Firex bottle the Federal Register in accordance with 5 impact, positive or negative, on a discharge cartridge of the No. 2 engine at U.S.C. 552(a) and 1 CFR part 51. Copies may substantial number of small entities station Y=2163.00 bulkhead for chafing on be obtained from Boeing Commercial Aircraft under the criteria of the Regulatory adjacent structure and damaged wiring, per Group, Long Beach Division, 3855 Lakewood Flexibility Act. A final evaluation has Boeing Service Bulletin MD11–26–037, dated Boulevard, Long Beach, California 90846, been prepared for this action and it is November 8, 2000. Attention: Data and Service Management, contained in the Rules Docket. A copy Note 2: For the purposes of this AD, a Dept. C1–L5A (D800–0024). Copies may be of it may be obtained from the Rules general visual inspection is defined as: ‘‘A inspected at the FAA, Transport Airplane Docket at the location provided under visual examination of an interior or exterior Directorate, 1601 Lind Avenue, SW., Renton, area, installation, or assembly to detect the caption ADDRESSES. Washington; or at the FAA, Los Angeles obvious damage, failure, or irregularity. This Aircraft Certification Office, 3960 Paramount List of Subjects in 14 CFR Part 39 level of inspection is made from within Boulevard, Lakewood, California; or at the touching distance unless otherwise specified. Office of the Federal Register, 800 North Air transportation, Aircraft, Aviation A mirror may be necessary to enhance visual Capitol Street, NW., suite 700, Washington, safety, Incorporation by reference, access to all exposed surfaces in the Safety. inspection area. This level of inspection is DC. Adoption of the Amendment made under normally available lighting Effective Date conditions such as daylight, hangar lighting, Accordingly, pursuant to the flashlight, or droplight and may require (e) This amendment becomes effective on August 23, 2002. authority delegated to me by the removal or opening of access panels or doors. Administrator, the Federal Aviation Stands, ladders, or platforms may be required Issued in Renton, Washington, on July 2, Administration amends part 39 of the to gain proximity to the area being checked.’’ 2002. Federal Aviation Regulations (14 CFR Note 3: Where there are differences Jeffrey E. Duven, part 39) as follows: between the referenced service bulletin and the AD, the AD prevails. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. PART 39—AIRWORTHINESS DIRECTIVES Condition 1 (No Chafing or Damaged Wiring) [FR Doc. 02–17526 Filed 7–18–02; 8:45 am] (1) If no chafing or damaged wiring is BILLING CODE 4910–13–P 1. The authority citation for part 39 detected, no further action is required by this continues to read as follows: AD.
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DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 3960 overheating to date and will provide an Paramount Boulevard, Lakewood, equivalent level of safety. The Federal Aviation Administration California; or at the Office of the Federal commenter also states that this Register, 800 North Capitol Street, NW., extension would allow affected 14 CFR Part 39 suite 700, Washington, DC. operators to perform the replacement [Docket No. 2001–NM–55–AD; Amendment FOR FURTHER INFORMATION CONTACT: during a regularly scheduled 39–12805; AD 2002–14–05] Technical Information: Brett Portwood, maintenance interval and avoid the Aerospace Engineer, Systems and possibility of out-of-service time. RIN 2120–AA64 Equipment Branch, ANM–130L, FAA, The FAA does not concur with the commenter’s request to extend the Airworthiness Directives; McDonnell Los Angeles Aircraft Certification compliance time for the required Douglas Model MD–11 Airplanes Office, 3960 Paramount Boulevard, Lakewood, California 90712–4137; replacement. In developing an AGENCY: Federal Aviation telephone (562) 627–5350; fax (562) appropriate compliance time, we Administration, DOT. 627–5210. considered the safety implications, the ACTION: Final rule. Other Information: Sandi Carli, time necessary for accomplishing the Airworthiness Directive Technical replacement, and normal maintenance SUMMARY: This amendment supersedes Writer/Editor; telephone (425) 687– schedules for timely accomplishment of an existing airworthiness directive (AD), 4243, fax (425) 227–1232. Questions or the replacement. In light of these items, applicable to certain McDonnell comments may also be sent via the we have determined that 12 months for Douglas Model MD–11 airplanes, that Internet using the following address: compliance is appropriate. However, currently requires repetitive general [email protected]. Questions or paragraph (d)(1) of the final rule does visual inspections of the power feeder comments sent via the Internet as provide affected operators the cables, terminal strip, fuseholder, and attached electronic files must be opportunity to apply for an adjustment fuses of the galley load control unit formatted in Microsoft Word 97 for of the compliance time if data are (GLCU) within the No. 3 bay electrical Windows or ASCII text. presented to justify such an adjustment. power center to detect damage; and SUPPLEMENTARY INFORMATION: A Request to Accept Previously Approved corrective actions, if necessary. This proposal to amend part 39 of the Federal Alternative Methods of Compliance amendment requires replacement of the Aviation Regulations (14 CFR part 39) (AMOC) electrical wiring of the galley in the by superseding AD 99–26–03 C1, electrical power center in bays 1, 2, and One commenter requests that the FAA amendment 39–11463 (65 FR 4870, 3 with larger gage cable assemblies, continue to accept AMOCs that were February 2, 2000), which is applicable which terminates the repetitive previously granted per AD 99–26–03. to certain McDonnell Douglas Model inspections. This amendment also The commenter states that it has such MD–11 airplanes, was published in the expands the applicability of the existing an AMOC. The FAA concurs. We have Federal Register on October 5, 2001 (66 AD to include two additional airplanes. included a new paragraph (d)(2) in this FR 50903). The action proposed to This action is necessary to prevent AD to clarify that AMOCs previously continue to require repetitive general damage to the wire assembly terminal approved in accordance with ADs 99– visual inspections of the power feeder lugs and overheating of the power 26–03 and 99–26–03 C1, both having cables, terminal strip, fuseholder, and feeder cables on the No. 3 and 4 GLCU, amendment 39–11463, are approved as fuses of the galley load control unit which could result in smoke and fire in AMOCs with this AD. (GLCU) within the No. 3 bay electrical the center accessory compartment. This power center to detect damage; and Explanation of Change to AD Number action is intended to address the corrective actions, if necessary. That and Associated Federal Register identified unsafe condition. action also proposed to required Citation DATES: Effective August 23, 2002. replacement of the electrical wiring of The FAA has revised the final rule to The incorporation by reference of a the galley in the electrical power center update the AD number and associated certain publication, as listed in the in bays 1, 2, and 3 with larger gage cable Federal Register citation for the regulations, is approved by the Director assemblies, which terminates the superseded AD. A final rule; correction of the Federal Register as of August 23, repetitive inspections. The action also (i.e., AD 99–26–03 C1); was published 2002. proposed to expand the applicability of in the Federal Register on February 2, The incorporation by reference of the existing AD to include two 2000 (65 FR 4870) to revise the certain other publications, as listed in additional airplanes. statement of the unsafe condition to the regulations, was approved correct the description of the locations previously by the Director of the Federal Comments of the power feeder cables. Register as of January 4, 2000 (64 FR Interested persons have been afforded 71001, December 20, 1999). an opportunity to participate in the Explanation of Change to Inspection ADDRESSES: The service information making of this amendment. Due Definition referenced in this AD may be obtained consideration has been given to the For clarification purposes, the FAA from Boeing Commercial Aircraft comments received. has revised the definition of a ‘‘general Group, Long Beach Division, 3855 Request To Extend Compliance Time visual inspection’’ in Note 2 of this final Lakewood Boulevard, Long Beach, rule. California 90846, Attention: Data and One commenter requests that the Service Management, Dept. C1–L5A proposed AD be revised to extend the Conclusion (D800–0024). This information may be compliance time of the replacement After careful review of the available examined at the Federal Aviation required by paragraph (c) of the data, including the comments noted Administration (FAA), Transport proposed AD from 12 months to 18 above, the FAA has determined that air Airplane Directorate, Rules Docket, months. The commenter states that safety and the public interest require the 1601 Lind Avenue, SW., Renton, inspections at 450-flight-hour intervals adoption of the rule with the changes Washington; or at the FAA, Los Angeles have not shown any evidence of previously described. The FAA has
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determined that these changes will under the criteria of the Regulatory Restatement of Requirements of AD 99–26– neither increase the economic burden Flexibility Act. A final evaluation has 03 C1 on any operator nor increase the scope been prepared for this action and it is Repetitive Inspections and Replacement, If of the AD. contained in the Rules Docket. A copy Necessary of it may be obtained from the Rules Cost Impact (a) For airplanes listed in McDonnell Docket at the location provided under Douglas Alert Service Bulletin MD11– There are approximately 135 Model the caption ADDRESSES. 24A160, Revision 01, dated November 11, MD–11 airplanes of the affected design 1999: Within 60 days after January 4, 2000 in the worldwide fleet. The FAA List of Subjects in 14 CFR Part 39 (the effective date of AD 99–26–03 C1, estimates that 31 airplanes of U.S. Air transportation, Aircraft, Aviation amendment 39–11463), perform a general visual inspection of the power feeder cables, registry will be affected by this AD. safety, Incorporation by reference, The inspection that is currently terminal strip, fuseholder, and fuses of the Safety. required by AD 99–26–03 C1, and GLCU within the No. 3 bay electrical power retained in this AD, takes approximately Adoption of the Amendment center to detect damage (i.e., discoloration of affected parts or loose attachments), in 1 work hour per airplane to accomplish, Accordingly, pursuant to the accordance with McDonnell Douglas Alert at an average labor rate of $60 per work Service Bulletin MD11–24A160, dated hour. Based on these figures, the cost authority delegated to me by the August 30, 1999; or Revision 01, dated impact of the currently required Administrator, the Federal Aviation November 11, 1999. inspection on U.S. operators is Administration amends part 39 of the Note 2: For the purposes of this AD, a estimated to be $1,860, or $60 per Federal Aviation Regulations (14 CFR general visual inspection is defined as: ‘‘A airplane, per inspection cycle. part 39) as follows: visual examination of an interior or exterior The new action that is required in this area, installation, or assembly to detect AD action will take approximately 18 PART 39—AIRWORTHINESS obvious damage, failure, or irregularity. This work hours per airplane to accomplish, DIRECTIVES level of inspection is made from within at an average labor rate of $60 per work touching distance unless otherwise specified. A mirror may be necessary to enhance visual hour. Required parts will cost 1. The authority citation for part 39 continues to read as follows: access to all exposed surfaces in the approximately $14,647 per airplane. inspection area. This level of inspection is Based on these figures, the cost impact Authority: 49 U.S.C. 106(g), 40113, 44701. made under normally available lighting of the requirements of this AD on U.S. conditions such as daylight, hangar lighting, § 39.13 [Amended] operators is estimated to be $487,537, or flashlight, or droplight and may require $15,727 per airplane. 2. Section 39.13 is amended by removal or opening of access panels or doors. The cost impact figures discussed removing amendment 39–11463 (65 FR Stands, ladders, or platforms may be required to gain proximity to the area being checked.’’ above are based on assumptions that no 4870, February 2, 2000), and by adding operator has yet accomplished any of a new airworthiness directive (AD), (1) If no damage is detected during any inspection required by this AD, repeat the the requirements of this AD action, and amendment 39–12805, to read as that no operator would accomplish general visual inspection thereafter at follows: intervals not to exceed 600 flight hours. those actions in the future if this AD 2002–14–05 McDonnell Douglas: (2) If any damage is detected during any were not adopted. The cost impact Amendment 39–12805. Docket 2001– inspection required by this AD, prior to figures discussed in AD rulemaking NM–55–AD. Supersedes AD 99–26–03 further flight, replace the power feeder actions represent only the time C1, Amendment 39–11463. cables, fuseholder, and/or fuses, as applicable, in accordance with the service necessary to perform the specific actions Applicability: Model MD–11 airplanes, as bulletin. Repeat the general visual inspection actually required by the AD. These listed in Boeing Service Bulletin MD11–24– thereafter at intervals not to exceed 600 flight figures typically do not include 184, dated February 22, 2001; certificated in hours. incidental costs, such as the time any category. required to gain access and close up, Note 1: This AD applies to each airplane New Actions Required By This AD planning time, or time necessitated by identified in the preceding applicability Repetitive Inspections and Replacement, If other administrative actions. provision, regardless of whether it has been Necessary modified, altered, or repaired in the area Regulatory Impact subject to the requirements of this AD. For (b) For airplanes having serial numbers 547 and 554: Within 60 days after the effective The regulations adopted herein will airplanes that have been modified, altered, or repaired so that the performance of the date of this AD, do the actions required by not have a substantial direct effect on paragraphs (a), (a)(1), and (a)(2) of this AD, the States, on the relationship between requirements of this AD is affected, the owner/operator must request approval for an as applicable. the national Government and the States, alternative method of compliance in Replacement or on the distribution of power and accordance with paragraph (d)(1) of this AD. (c) Within 12 months after the effective responsibilities among the various The request should include an assessment of date of this AD, replace the electrical wiring levels of government. Therefore, it is the effect of the modification, alteration, or of the galley in the electrical power center in determined that this final rule does not repair on the unsafe condition addressed by bays 1, 2, and 3 with larger gage cable this AD; and, if the unsafe condition has not have federalism implications under assemblies, in accordance with Boeing Executive Order 13132. been eliminated, the request should include Service Bulletin MD11–24–184, dated For the reasons discussed above, I specific proposed actions to address it. February 22, 2001. Accomplishment of the certify that this action (1) is not a Compliance: Required as indicated, unless replacement constitutes terminating action ‘‘significant regulatory action’’ under accomplished previously. for the repetitive inspection requirements of Executive Order 12866; (2) is not a To prevent damage to the wire assembly paragraphs (a) and (b) of this AD. ‘‘significant rule’’ under DOT terminal lugs and power feeder cables due to the accumulated effects over time from Alternative Methods of Compliance Regulatory Policies and Procedures (44 overheating of the power feeder cables on the (d)(1) An alternative method of compliance FR 11034, February 26, 1979); and (3) No. 3 and 4 galley load control unit (GLCU), or adjustment of the compliance time that will not have a significant economic which could result in smoke and fire in the provides an acceptable level of safety may be impact, positive or negative, on a central accessory compartment, accomplish used if approved by the Manager, Los substantial number of small entities the following: Angeles Aircraft Certification Office (ACO),
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FAA. Operators shall submit their requests DEPARTMENT OF TRANSPORTATION Other Information: Sandi Carli, through an appropriate FAA Principal Airworthiness Directive Technical Maintenance Inspector, who may add Federal Aviation Administration Writer/Editor; telephone (425) 687– comments and then send it to the Manager, 4243, fax (425) 227–1232. Questions or Los Angeles ACO. 14 CFR Part 39 comments may also be sent via the Note 3: Information concerning the Internet using the following address: existence of approved alternative methods of [Docket No. 2001–NM–59–AD; Amendment [email protected]. Questions or compliance with this AD, if any, may be 39–12806; AD 2002–14–06] comments sent via the Internet as obtained from the Los Angeles ACO. RIN 2120–AA64 attached electronic files must be (2) Alternative methods of compliance, formatted in Microsoft Word 97 for approved previously in accordance with ADs Airworthiness Directives; McDonnell Windows or ASCII text. 99–26–03 and 99–26–03 C1, both having Douglas Model MD–11 and –11F SUPPLEMENTARY INFORMATION: A amendment 39–11463, are approved as Airplanes proposal to amend part 39 of the Federal alternative methods of compliance with this Aviation Regulations (14 CFR part 39) to AD. AGENCY: Federal Aviation include an airworthiness directive (AD) Administration, DOT. Special Flight Permits that is applicable to certain McDonnell ACTION: Final rule. Douglas Model MD–11 and –11F (e) Special flight permits may be issued in airplanes was published in the Federal accordance with sections 21.197 and 21.199 SUMMARY: This amendment adopts a Register on October 5, 2001 (66 FR of the Federal Aviation Regulations (14 CFR new airworthiness directive (AD), 50915). That action proposed to require 21.197 and 21.199) to operate the airplane to applicable to certain McDonnell installation of protective sleeving on the a location where the requirements of this AD Douglas Model MD–11 and –11F can be accomplished. right emergency alternating current (AC) airplanes, that requires installation of wire assembly of the overhead switch Incorporation by Reference protective sleeving on the right panel. emergency alternating current (AC) wire (f) The actions shall be done in accordance Comment Received with McDonnell Douglas Alert Service assembly of the overhead switch panel. Bulletin MD11–24A160, dated August 30, This action is necessary to ensure that Interested persons have been afforded 1999, or McDonnell Douglas Alert Service protective sleeving is installed on the an opportunity to participate in the Bulletin MD11–24A160, Revision 01, dated right emergency AC wire assembly of making of this amendment. Due November 11, 1999; and Boeing Service the overhead switch panel. Lack of such consideration has been given to the Bulletin MD11–24–184, dated February 22, sleeving could result in loss of comment received. 2001; as applicable. redundant electrical power during certain cockpit overhead wiring faults. Request To Include an Optional (1) The incorporation by reference of Installation Boeing Service Bulletin MD11–24–184, dated This action is intended to address the February 22, 2001, is approved by the identified unsafe condition. One commenter requests that the Director of the Federal Register in accordance DATES: Effective August 23, 2002. proposed AD be revised to include an with 5 U.S.C. 552(a) and 1 CFR part 51. The incorporation by reference of option to install individual pieces of (2) The incorporation by reference of certain publications listed in the sleeving on each of the three AC wires. McDonnell Douglas Alert Service Bulletin regulations is approved by the Director The commenter believes that this option MD11–24A160, dated August 30, 1999; and of the Federal Register as of August 23, instead of the proposed installation of a McDonnell Douglas Alert Service Bulletin 2002. one-piece sleeving around all three AC MD11–24A160, Revision 01, dated November wires would be safer, better, and easier ADDRESSES: The service information 11, 1999; was approved previously by the to install. The commenter states that referenced in this AD may be obtained Director of the Federal Register as of January this option would keep the individual from Boeing Commercial Aircraft 4, 2000 (64 FR 71001, December 20, 1999). wires from rubbing against each other Group, Long Beach Division, 3855 (3) Copies may be obtained from Boeing and provide complete isolation of the Lakewood Boulevard, Long Beach, Commercial Aircraft Group, Long Beach AC phases. Division, 3855 Lakewood Boulevard, Long California 90846, Attention: Data and The FAA does not agree. We do not Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A consider it appropriate to include Service Management, Dept. C1–L5A (D800– (D800–0024). This information may be various provisions in an AD applicable 0024). Copies may be inspected at the FAA, examined at the Federal Aviation to a single operator’s unique use of an Transport Airplane Directorate, 1601 Lind Administration (FAA), Transport affected airplane. However, under the Avenue, SW., Renton, Washington; or at the Airplane Directorate, Rules Docket, provisions of paragraph (b) of the final FAA, Los Angeles Aircraft Certification 1601 Lind Avenue, SW., Renton, rule, we may consider request for Office, 3960 Paramount Boulevard, Washington; or at the FAA, Los Angeles Lakewood, California; or at the Office of the approval of an alternative method of Aircraft Certification Office, 3960 compliance (AMOC) if sufficient data Federal Register, 800 North Capitol Street, Paramount Boulevard, Lakewood, NW., suite 700, Washington, DC. are submitted to substantiate that such California; or at the Office of the Federal a design change would provide an Effective Date Register, 800 North Capitol Street, NW., acceptable level of safety. suite 700, Washington, DC. (g) This amendment becomes effective on Explanation of Change to AD August 23, 2002. FOR FURTHER INFORMATION CONTACT: Technical Information: Brett Portwood, Applicability Issued in Renton, Washington, on July 2, Aerospace Engineer, Systems and The FAA finds that Model MD–11F 2002. Equipment Branch, ANM–130L, FAA, airplanes are not specifically identified Jeffrey E. Duven, Los Angeles Aircraft Certification by model name in the applicability of Acting Manager, Transport Airplane Office, 3960 Paramount Boulevard, the proposed AD. However, those Directorate, Aircraft Certification Service. Lakewood, California 90712–4137; airplanes were identified by [FR Doc. 02–17527 Filed 7–18–02; 8:45 am] telephone (562) 627–5350; fax (562) manufacturer’s fuselage numbers in the BILLING CODE 4910–13–P 627–5210. effectivity listing of Boeing Service
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Bulletin MD11–24–197, dated May 16, For the reasons discussed above, I Installation 2001, which was referenced in the certify that this action (1) is not a (a) Within 18 months after the effective applicability of the proposed AD. ‘‘significant regulatory action’’ under date of this AD, install protective sleeving on Therefore, we have revised this final Executive Order 12866; (2) is not a the right emergency wire assembly of the rule to specifically reference Model ‘‘significant rule’’ under DOT overhead switch panel, per Boeing Service MD–11 and –11F airplanes where Regulatory Policies and Procedures (44 Bulletin MD11–24–197, dated May 16, 2001. appropriate. In addition, we have FR 11034, February 26, 1979); and (3) revised the applicability of the existing will not have a significant economic Alternative Methods of Compliance AD to identify model designations as impact, positive or negative, on a (b) An alternative method of compliance or published in the most recent type substantial number of small entities adjustment of the compliance time that certificate data sheet for the affected under the criteria of the Regulatory provides an acceptable level of safety may be models. Flexibility Act. A final evaluation has used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), Conclusion been prepared for this action and it is contained in the Rules Docket. A copy FAA. Operators shall submit their requests After careful review of the available of it may be obtained from the Rules through an appropriate FAA Principal data, including the comment noted Docket at the location provided under Maintenance Inspector, who may add above, the FAA has determined that air the caption ADDRESSES. comments and then send it to the Manager, safety and the public interest require the Los Angeles ACO. adoption of the rule with the changes List of Subjects in 14 CFR Part 39 Note 2: Information concerning the previously described. The FAA has existence of approved alternative methods of determined that these changes will Air transportation, Aircraft, Aviation safety, Incorporation by reference, compliance with this AD, if any, may be neither increase the economic burden obtained from the Los Angeles ACO. on any operator nor increase the scope Safety. of the AD. Adoption of the Amendment Special Flight Permits Cost Impact (c) Special flight permits may be issued in Accordingly, pursuant to the accordance with sections 21.197 and 21.199 There are approximately 119 Model authority delegated to me by the of the Federal Aviation Regulations (14 CFR MD–11 and –11F airplanes of the Administrator, the Federal Aviation 21.197 and 21.199) to operate the airplane to affected design in the worldwide fleet. Administration amends part 39 of the a location where the requirements of this AD The FAA estimates that 34 airplanes of Federal Aviation Regulations (14 CFR can be accomplished. U.S. registry will be affected by this AD, part 39) as follows: that it will take approximately 4 work Incorporation by Reference hours per airplane to accomplish the PART 39—AIRWORTHINESS (d) The installation shall be done in required actions, and that the average DIRECTIVES accordance with Boeing Service Bulletin labor rate is $60 per work hour. The MD11–24–197, dated May 16, 2001. This manufacturer has committed previously 1. The authority citation for part 39 incorporation by reference was approved by to its customers that it will bear the cost continues to read as follows: the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR of parts. Based on these figures, the cost Authority: 49 U.S.C. 106(g), 40113, 44701. impact of the AD on U.S. operators is part 51. Copies may be obtained from Boeing estimated to be $8,160, or $240 per § 39.13 [Amended] Commercial Aircraft Group, Long Beach airplane. Division, 3855 Lakewood Boulevard, Long The cost impact figure discussed 2. Section 39.13 is amended by Beach, California 90846, Attention: Data and above is based on assumptions that no adding the following new airworthiness Service Management, Dept. C1-L5A (D800– operator has yet accomplished any of directive: 0024). Copies may be inspected at the FAA, the requirements of this AD action, and 2002–14–06 McDonnell Douglas: Transport Airplane Directorate, 1601 Lind that no operator would accomplish Amendment 39–12806. Docket 2001– Avenue, SW., Renton, Washington; or at the those actions in the future if this AD NM–59–AD. FAA, Los Angeles Aircraft Certification were not adopted. The cost impact Applicability: Model MD–11 and –11F Office, 3960 Paramount Boulevard, figures discussed in AD rulemaking airplanes, as listed in Boeing Service Bulletin Lakewood, California; or at the Office of the actions represent only the time MD11–24–197, dated May 16, 2001; Federal Register, 800 North Capitol Street, necessary to perform the specific actions certificated in any category. NW., suite 700, Washington, DC. actually required by the AD. These Note 1: This AD applies to each airplane Effective Date identified in the preceding applicability figures typically do not include (e) This amendment becomes effective on provision, regardless of whether it has been incidental costs, such as the time August 23, 2002. required to gain access and close up, modified, altered, or repaired in the area planning time, or time necessitated by subject to the requirements of this AD. For Issued in Renton, Washington, on July 2, other administrative actions. airplanes that have been modified, altered, or 2002. repaired so that the performance of the Jeffrey E. Duven, Regulatory Impact requirements of this AD is affected, the Acting Manager, Transport Airplane The regulations adopted herein will owner/operator must request approval for an alternative method of compliance in Directorate, Aircraft Certification Service. not have a substantial direct effect on accordance with paragraph (b) of this AD. [FR Doc. 02–17528 Filed 7–18–02; 8:45 am] the States, on the relationship between The request should include an assessment of BILLING CODE 4910–13–P the national Government and the States, the effect of the modification, alteration, or or on the distribution of power and repair on the unsafe condition addressed by responsibilities among the various this AD; and, if the unsafe condition has not levels of government. Therefore, it is been eliminated, the request should include determined that this final rule does not specific proposed actions to address it. have federalism implications under Compliance: Required as indicated, unless Executive Order 13132. accomplished previously.
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DEPARTMENT OF TRANSPORTATION telephone (562) 627–5350; fax (562) Cost Impact 627–5210. There are approximately 23 Model Federal Aviation Administration Other Information: Sandi Carli, MD–11 and –11F airplanes of the Airworthiness Directive Technical affected design in the worldwide fleet. 14 CFR Part 39 Writer/Editor; telephone (425) 687– The FAA estimates that 8 airplanes of 4243, fax (425) 227–1232. Questions or U.S. registry will be affected by this AD, [Docket No. 2001–NM–60–AD; Amendment comments may also be sent via the 39–12807; AD 2002–14–07] that it will take approximately 2 work Internet using the following address: hours per airplane to accomplish the RIN 2120–AA64 [email protected]. Questions or required actions, and that the average comments sent via the Internet as labor rate is $60 per work hour. Airworthiness Directives; McDonnell attached electronic files must be Required parts will cost approximately Douglas Model MD–11 and –11F formatted in Microsoft Word 97 for $705 per airplane. Based on these Airplanes Windows or ASCII text. figures, the cost impact of the AD on SUPPLEMENTARY INFORMATION: A U.S. operators is estimated to be $6,600, AGENCY: Federal Aviation proposal to amend part 39 of the Federal or $825 per airplane. Administration, DOT. Aviation Regulations (14 CFR part 39) to The cost impact figure discussed ACTION: Final rule. include an airworthiness directive (AD) above is based on assumptions that no that is applicable to certain McDonnell operator has yet accomplished any of SUMMARY: This amendment adopts a Douglas Model MD–11 and –11F the requirements of this AD action, and new airworthiness directive (AD), airplanes was published in the Federal that no operator would accomplish applicable to certain McDonnell Register on October 5, 2001 (66 FR those actions in the future if this AD Douglas Model MD–11 and –11F 50886). That action proposed to require were not adopted. The cost impact airplanes, that requires relocation of the relocation of the mod block tracks on figures discussed in AD rulemaking mod block tracks on the flight the flight compartment floor beams in actions represent only the time compartment floor beams in the the avionics compartment beneath the necessary to perform the specific actions avionics compartment beneath the Captain’s and First Officer’s seats. actually required by the AD. These Captain’s and First Officer’s seats. This Comments figures typically do not include action is necessary to prevent chafing incidental costs, such as the time and compression of electrical wiring at Interested persons have been afforded required to gain access and close up, the upper track mod blocks on the flight an opportunity to participate in the planning time, or time necessitated by compartment floor beams in the making of this amendment. No other administrative actions. avionics compartment beneath the comments were submitted in response Captain’s and First Officer’s seats, to the proposal or the FAA’s Regulatory Impact which could result in electrical arcing determination of the cost to the public. The regulations adopted herein will and consequent smoke and/or fire in the Explanation of Change to Applicability not have a substantial direct effect on cockpit. This action is intended to the States, on the relationship between address the identified unsafe condition. The FAA has determined that some the national Government and the States, DATES: Effective August 23, 2002. confusion may arise from the or on the distribution of power and The incorporation by reference of applicability of the NPRM, because responsibilities among the various certain publications listed in the McDonnell Douglas Model MD–11F levels of government. Therefore, it is regulations is approved by the Director airplanes were not specifically determined that this final rule does not of the Federal Register as of August 23, identified. However, those airplanes have federalism implications under 2002. were identified by manufacturer’s Executive Order 13132. fuselage numbers in Boeing Alert For the reasons discussed above, I ADDRESSES: The service information Service Bulletin MD11–24A036, referenced in this AD may be obtained certify that this action (1) is not a Revision 01, dated May 21, 2001 (which ‘‘significant regulatory action’’ under from Boeing Commercial Aircraft was referenced in the applicability Group, Long Beach Division, 3855 Executive Order 12866; (2) is not a statement of the AD for determining the ‘‘significant rule’’ under DOT Lakewood Boulevard, Long Beach, specific affected airplanes). Therefore, Regulatory Policies and Procedures (44 California 90846, Attention: Data and we have revised the applicability FR 11034, February 26, 1979); and (3) Service Management, Dept. C1–L5A throughout the final rule to include will not have a significant economic (D800–0024). This information may be Model MD–11F airplanes, in addition to impact, positive or negative, on a examined at the Federal Aviation Model MD–11 airplanes. In addition, we substantial number of small entities Administration (FAA), Transport have revised the applicability of the under the criteria of the Regulatory Airplane Directorate, Rules Docket, existing AD to identify model Flexibility Act. A final evaluation has 1601 Lind Avenue, SW., Renton, designations as published in the most been prepared for this action and it is Washington; or at the FAA, Los Angeles recent type certificate data sheet for the contained in the Rules Docket. A copy Aircraft Certification Office, 3960 affected models. of it may be obtained from the Rules Paramount Boulevard, Lakewood, Docket at the location provided under California; or at the Office of the Federal Conclusion the caption ADDRESSES. Register, 800 North Capitol Street, NW., After careful review of the available suite 700, Washington, DC. data, the FAA has determined that air List of Subjects in 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: safety and the public interest require the Air transportation, Aircraft, Aviation Technical Information: Brett Portwood, adoption of the rule with the changes safety, Incorporation by reference, Aerospace Engineer, Systems and previously described. The FAA has Safety. Equipment Branch, ANM–130L, FAA, determined that these changes will Adoption of the Amendment Los Angeles Aircraft Certification neither increase the economic burden Office, 3960 Paramount Boulevard, on any operator nor increase the scope Accordingly, pursuant to the Lakewood, California 90712–4137; of the AD. authority delegated to me by the
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Administrator, the Federal Aviation through an appropriate FAA Principal airplanes, that requires an inspection to Administration amends part 39 of the Maintenance Inspector, who may add detect discrepancies of the wire bundles Federal Aviation Regulations (14 CFR comments and then send it to the Manager, in the avionics compartment in the part 39) as follows: Los Angeles ACO. vicinity of the pedestal extension area of Note 3: Information concerning the the First Officer’s seat; and corrective PART 39—AIRWORTHINESS existence of approved alternative methods of actions, if necessary. This action is DIRECTIVES compliance with this AD, if any, may be necessary to prevent chafing of wiring obtained from the Los Angeles ACO. in the avionics compartment, which 1. The authority citation for part 39 could result in electrical arcing and continues to read as follows: Special Flight Permits (c) Special flight permits may be issued in consequent smoke and/or fire in the Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with sections 21.197 and 21.199 cockpit. This action is intended to § 39.13 [Amended] of the Federal Aviation Regulations (14 CFR address the identified unsafe condition. 21.197 and 21.199) to operate the airplane to DATES: Effective August 23, 2002. 2. Section 39.13 is amended by a location where the requirements of this AD The incorporation by reference of adding the following new airworthiness can be accomplished. certain publications listed in the directive: Incorporation by Reference regulations is approved by the Director 2002–14–07 McDonnell Douglas: (d) The actions shall be done in accordance of the Federal Register as of August 23, Amendment 39–12807. Docket 2001– with Boeing Alert Service Bulletin MD11– 2002. NM–60–AD. 24A036, Revision 01, dated May 21, 2001. ADDRESSES: The service information Applicability: Model MD–11 and –11F This incorporation by reference was referenced in this AD may be obtained airplanes, as listed in Boeing Alert Service approved by the Director of the Federal from Boeing Commercial Aircraft Bulletin MD11–24A036, Revision 01, dated Register in accordance with 5 U.S.C. 552(a) Group, Long Beach Division, 3855 May 21, 2001; certificated in any category. and 1 CFR part 51. Copies may be obtained Lakewood Boulevard, Long Beach, Note 1: This AD applies to each airplane from Boeing Commercial Aircraft Group, California 90846, Attention: Data and Long Beach Division, 3855 Lakewood identified in the preceding applicability Service Management, Dept. C1–L5A provision, regardless of whether it has been Boulevard, Long Beach, California 90846, modified, altered, or repaired in the area Attention: Data and Service Management, (D800–0024). This information may be subject to the requirements of this AD. For Dept. C1–L5A (D800–0024). Copies may be examined at the Federal Aviation airplanes that have been modified, altered, or inspected at the FAA, Transport Airplane Administration (FAA), Transport repaired so that the performance of the Directorate, 1601 Lind Avenue, SW., Renton, Airplane Directorate, Rules Docket, requirements of this AD is affected, the Washington; or at the FAA, Los Angeles 1601 Lind Avenue, SW., Renton, owner/operator must request approval for an Aircraft Certification Office, 3960 Paramount Washington; or at the FAA, Los Angeles alternative method of compliance in Boulevard, Lakewood, California 90712; or at Aircraft Certification Office, 3960 accordance with paragraph (b) of this AD. the Office of the Federal Register, 800 North Paramount Boulevard, Lakewood, Capitol Street, NW., suite 700, Washington, The request should include an assessment of California; or at the Office of the Federal the effect of the modification, alteration, or DC. Register, 800 North Capitol Street, NW., repair on the unsafe condition addressed by Effective Date this AD; and, if the unsafe condition has not suite 700, Washington, DC. been eliminated, the request should include (e) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: specific proposed actions to address it. August 23, 2002. Technical Information: Brett Portwood, Compliance: Required as indicated, unless Issued in Renton, Washington, on July 2, Aerospace Engineer, Systems and accomplished previously. 2002. Equipment Branch, ANM–130L, FAA, To prevent chafing and compression of Jeffrey E. Duven, Los Angeles Aircraft Certification electrical wiring at the upper track mod Acting Manager, Transport Airplane Office, 3960 Paramount Boulevard, blocks on the flight compartment floor beams Directorate, Aircraft Certification Service. Lakewood, California 90712–4137; in the avionics compartment beneath the telephone (562) 627–5350; fax (562) Captain’s and First Officer’s seats, which [FR Doc. 02–17534 Filed 7–18–02; 8:45 am] could result in electrical arcing and BILLING CODE 4910–13–P 627–5210. consequent smoke and/or fire in the cockpit, Other Information: Sandi Carli, accomplish the following: Airworthiness Directive Technical DEPARTMENT OF TRANSPORTATION Writer/Editor; telephone (425) Relocation of Mod Block Tracks 687–4243, fax (425) 227–1232. (a) Within 1 year after the effective date of Federal Aviation Administration Questions or comments may also be sent this AD, relocate the mod block tracks on the via the Internet using the following flight compartment floor beams in the 14 CFR Part 39 address: [email protected]. Questions avionics compartment beneath the Captain’s and First Officer’s seats, per Boeing Alert [Docket No. 2001–NM–61–AD; Amendment or comments sent via the Internet as Service Bulletin MD–1124A036, Revision 01, 39–12808; AD 2002–14–08] attached electronic files must be dated May 21, 2001. formatted in Microsoft Word 97 for RIN 2120–AA64 Note 2: Accomplishment of the relocation Windows or ASCII text. SUPPLEMENTARY INFORMATION: per McDonnell Douglas Service Bulletin Airworthiness Directives; McDonnell A MD11–24–036, dated May 8, 1992, before the Douglas Model MD–11 and –11F proposal to amend part 39 of the Federal effective date of this AD, is considered Airplanes Aviation Regulations (14 CFR part 39) to acceptable for compliance with the include an airworthiness directive (AD) requirements of this AD. AGENCY: Federal Aviation that is applicable to certain McDonnell Alternative Methods of Compliance Administration, DOT. Douglas Model MD–11 and –11F airplanes was published in the Federal (b) An alternative method of compliance or ACTION: Final rule. adjustment of the compliance time that Register on October 5, 2001 (66 FR provides an acceptable level of safety may be SUMMARY: This amendment adopts a 50884). That action proposed to require used if approved by the Manager, Los new airworthiness directive (AD), an inspection to detect discrepancies of Angeles Aircraft Certification Office (ACO), applicable to certain McDonnell the wire bundles in the avionics FAA. Operators shall submit their requests Douglas Model MD–11 and –11F compartment in the vicinity of the
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pedestal extension area of the First that no operator would accomplish Applicability: Model MD–11 and –11F Officer’s seat; and corrective actions, if those actions in the future if this AD airplanes, as listed in Boeing Alert Service necessary. were not adopted. The cost impact Bulletin MD11–23A046, Revision 01, dated figures discussed in AD rulemaking May 21, 2001; certificated in any category. Comments actions represent only the time Note 1: This AD applies to each airplane Interested persons have been afforded necessary to perform the specific actions identified in the preceding applicability an opportunity to participate in the provision, regardless of whether it has been actually required by the AD. These modified, altered, or repaired in the area making of this amendment. No figures typically do not include subject to the requirements of this AD. For comments were submitted in response incidental costs, such as the time airplanes that have been modified, altered, or to the proposal or the FAA’s required to gain access and close up, repaired so that the performance of the determination of the cost to the public. planning time, or time necessitated by requirements of this AD is affected, the other administrative actions. owner/operator must request approval for an Explanation of Change to Applicability alternative method of compliance in The FAA finds that Model MD–11F Regulatory Impact accordance with paragraph (b) of this AD. airplanes were not specifically The regulations adopted herein will The request should include an assessment of identified by model in the applicability the effect of the modification, alteration, or not have a substantial direct effect on repair on the unsafe condition addressed by of the supplemental NPRM; however, the States, on the relationship between this AD; and, if the unsafe condition has not they were identified by manufacturer’s the national Government and the States, been eliminated, the request should include fuselage numbers in Boeing Alert or on the distribution of power and specific proposed actions to address it. Service Bulletin MD11–23A046, responsibilities among the various Compliance: Required as indicated, unless Revision 01, dated May 21, 2001 (which levels of government. Therefore, it is accomplished previously. was referenced in the applicability determined that this final rule does not To prevent chafing of wiring in the statement of the NPRM for determining have federalism implications under avionics compartment, which could result in the specific affected airplanes). Executive Order 13132. electrical arcing and consequent smoke and/ Therefore, we have revised the final rule For the reasons discussed above, I or fire in the cockpit, accomplish the to specifically reference Model MD–11 certify that this action (1) is not a following: (a) Within 1 year after the effective date of and –11F airplanes where appropriate. ‘‘significant regulatory action’’ under this AD, do a general visual inspection to In addition, we have revised the Executive Order 12866; (2) is not a detect discrepancies (i.e., chafing, improper applicability of the final rule to identify ‘‘significant rule’’ under DOT routing or bundle support, missing tie wraps, model designations as published in the Regulatory Policies and Procedures (44 improper clearance) of wire bundles in the most recent type certificate data sheet FR 11034, February 26, 1979); and (3) avionics compartment in the vicinity of the for the affected models. will not have a significant economic pedestal extension area of the First Officer’s impact, positive or negative, on a seat, per the Accomplishment Instructions of Explanation of Change to Inspection substantial number of small entities Boeing Alert Service Bulletin MD11–23A046, Definition Revision 01, dated May 21, 2001. If any under the criteria of the Regulatory For clarification purposes, the FAA discrepancy is detected, before further flight, Flexibility Act. A final evaluation has perform the applicable corrective actions has revised the definition of a ‘‘general been prepared for this action and it is (i.e., repair, replacement of damaged wires visual inspection’’ in Note 2 of this final contained in the Rules Docket. A copy with new wires, reroute wire bundle, and tie rule. of it may be obtained from the Rules wrap bundle) per the Accomplishment Conclusion Docket at the location provided under Instructions of the service bulletin. the caption ADDRESSES. Note 2: For the purposes of this AD, a After careful review of the available general visual inspection is defined as: ‘‘A data, including the comments noted List of Subjects in 14 CFR Part 39 visual examination of an interior or exterior above, the FAA has determined that air Air transportation, Aircraft, Aviation area, installation, or assembly to detect safety and the public interest require the safety, Incorporation by reference, obvious damage, failure, or irregularity. This adoption of the rule with the changes Safety. level of inspection is made from within previously described. The FAA has touching distance unless otherwise specified. determined that these changes will Adoption of the Amendment A mirror may be necessary to enhance visual access to all exposed surfaces in the neither increase the economic burden Accordingly, pursuant to the inspection area. This level of inspection is on any operator nor increase the scope authority delegated to me by the made under normally available lighting of the AD. Administrator, the Federal Aviation conditions such as daylight, hangar lighting, Cost Impact Administration amends part 39 of the flashlight, or droplight and may require Federal Aviation Regulations (14 CFR removal or opening of access panels or doors. There are approximately 118 Model part 39) as follows: Stands, ladders, or platforms may be required MD–11 and –11F airplanes of the to gain proximity to the area being checked.’’ affected design in the worldwide fleet. PART 39—AIRWORTHINESS Note 3: Accomplishment of the inspections The FAA estimates that 48 airplanes of DIRECTIVES and corrective actions, if necessary, per U.S. registry will be affected by this AD, McDonnell Douglas Service Bulletin MD11– that it will take approximately 1 work 1. The authority citation for part 39 23–046, dated March 17, 1995, before the hour per airplane to accomplish the continues to read as follows: effective date of this AD, is considered required inspection, and that the Authority: 49 U.S.C. 106(g), 40113, 44701. acceptable for compliance with the average labor rate is $60 per work hour. requirements of this AD. § 39.13 [Amended] Based on these figures, the cost impact Alternative Methods of Compliance of the AD on U.S. operators is estimated 2. Section 39.13 is amended by adding the following new airworthiness (b) An alternative method of compliance or to be $2,880, or $60 per airplane. adjustment of the compliance time that The cost impact figure discussed directive: provides an acceptable level of safety may be above is based on assumptions that no 2002–14–08 McDonnell Douglas: used if approved by the Manager, Los operator has yet accomplished any of Amendment 39–12808. Docket 2001– Angeles Aircraft Certification Office (ACO), the requirements of this AD action, and NM–61–AD. FAA. Operators shall submit their requests
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through an appropriate FAA Principal airplanes, that currently requires telephone (562) 627–5350; fax (562) Maintenance Inspector, who may add replacement of the existing terminal 627–5210. comments and then send it to the Manager, strips and supports above the main Other Information: Sandi Carli, Los Angeles ACO. cabin area; and installation of spacers Airworthiness Directive Technical Note 4: Information concerning the between terminal strips and mounting Writer/Editor; telephone (425) 687– existence of approved alternative methods of brackets in the avionics compartment; 4243, fax (425) 227–1232. Questions or compliance with this AD, if any, may be comments may also be sent via the obtained from the Los Angeles ACO. as applicable. This amendment requires replacing the applicable terminal strips Internet using the following address: Special Flight Permits in the avionics compartment with new [email protected]. Questions or (c) Special flight permits may be issued in terminal strips. This amendment also comments sent via the Internet as accordance with sections 21.197 and 21.199 requires performing an inspection to attached electronic files must be of the Federal Aviation Regulations (14 CFR detect arcing damage of the surrounding formatted in Microsoft Word 97 for 21.197 and 21.199) to operate the airplane to structure of the terminal strips and Windows or ASCII text. a location where the requirements of this AD electrical cables in the avionics SUPPLEMENTARY INFORMATION: A can be accomplished. compartment, and repairing or replacing proposal to amend part 39 of the Federal Incorporation by Reference any damaged component with a new Aviation Regulations (14 CFR part 39) (d) The actions shall be done in accordance component. This amendment is by superseding AD 2000–03–15, with Boeing Alert Service Bulletin MD11– prompted by reports of arcing between amendment 39–11574 (65 FR 8025, 23A046, Revision 01, dated May 21, 2001. the power feeder cables and support February 17, 2000), which is applicable This incorporation by reference was brackets of the terminal strips on to certain McDonnell Douglas Model approved by the Director of the Federal airplanes previously modified per the MD–11 and MD–11F airplanes, was Register in accordance with 5 U.S.C. 552(a) existing AD. The actions specified by published in the Federal Register on and 1 CFR part 51. Copies may be obtained this AD are intended to prevent October 5, 2001 (66 FR 50882). The from Boeing Commercial Aircraft Group, electrical arcing caused by power feeder action proposed to continue to require Long Beach Division, 3855 Lakewood cable terminal lugs grounding against replacing the existing terminal strips Boulevard, Long Beach, California 90846, and supports above the main cabin at Attention: Data and Service Management, terminal strip support brackets, which Dept. C1–L5A (D800–0024). Copies may be could result in smoke and fire in the station Y=5–32.000 with new terminal inspected at the FAA, Transport Airplane main cabin or avionics compartment. strips and supports. The action also Directorate, 1601 Lind Avenue, SW., Renton, DATES: Effective August 23, 2002. proposed to replace the applicable Washington; or at the FAA, Los Angeles The incorporation by reference of terminal strips in the avionics Aircraft Certification Office, 3960 Paramount McDonnell Douglas Alert Service compartment with new terminal strips. Boulevard, Lakewood, California; or at the Bulletin MD11–24A178, Revision 01, The action also proposed to require Office of the Federal Register, 800 North dated December 17, 2001, as listed in performing an inspection to detect Capitol Street, NW., suite 700, Washington, arcing damage of the surrounding DC. the regulations, is approved by the Director of the Federal Register as of structure of the terminal strips and Effective Date August 23, 2002. electrical cables in the avionics (e) This amendment becomes effective on The incorporation by reference of compartment, and repairing or replacing August 23, 2002. McDonnell Douglas Alert Service any damaged component with a new component. Issued in Renton, Washington, on July 2, Bulletin MD11–24A150, dated March 2002. 25, 1999, as listed in the regulations, Comments was approved previously by the Director Jeffrey E. Duven, Interested persons have been afforded of the Federal Register as of March 23, Acting Manager, Transport Airplane an opportunity to participate in the 2000 (65 FR 8025, February 17, 2000). Directorate, Aircraft Certification Service. making of this amendment. No [FR Doc. 02–17535 Filed 7–18–02; 8:45 am] ADDRESSES: The service information comments were submitted in response BILLING CODE 4910–13–P referenced in this AD may be obtained to the proposal or the FAA’s from Boeing Commercial Aircraft determination of the cost to the public. Group, Long Beach Division, 3855 DEPARTMENT OF TRANSPORTATION Lakewood Boulevard, Long Beach, Explanation of Relevant New Service California 90846, Attention: Data and Bulletin Federal Aviation Administration Service Management, Dept. C1–L5A Since issuance of the NPRM, the FAA (D800–0024). This information may be has reviewed and approved Revision 01 14 CFR Part 39 examined at the Federal Aviation of McDonnell Douglas Alert Service [Docket No. 2001–NM–63–AD; Amendment Administration (FAA), Transport Bulletin MD11–24A178, dated 39–12809; AD 2002–14–09] Airplane Directorate, Rules Docket, December 17, 2001. Revision 01 of the 1601 Lind Avenue, SW., Renton, service bulletin is essentially identical RIN 2120–AA64 Washington; or at the FAA, Los Angeles to the original version of the service Aircraft Certification Office, 3960 Airworthiness Directives; McDonnell bulletin (which was referenced in the Paramount Boulevard, Lakewood, Douglas Model MD–11 and MD–11F notice of proposed rulemaking (NPRM) California; or at the Office of the Federal Airplanes as an appropriate source of service Register, 800 North Capitol Street, NW., information), but provides clarification AGENCY: Federal Aviation suite 700, Washington, DC. of a manual required to accomplish a Administration, DOT. FOR FURTHER INFORMATION CONTACT: continuity test and corrects the quantity ACTION: Final rule. Technical Information: Brett Portwood, of washers and a certain item number. Aerospace Engineer, Systems and We have revised the final rule to SUMMARY: This amendment supersedes Equipment Branch, ANM–130L, FAA, reference Revision 01 of the service an existing airworthiness directive (AD), Los Angeles Aircraft Certification bulletin as the appropriate source of applicable to certain McDonnell Office, 3960 Paramount Boulevard, service information for accomplishing Douglas Model MD–11 and MD–11F Lakewood, California 90712–4137; the new actions required by this AD. We
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also have included a new Note 3 to give Currently, there are no Model MD–11 8025, February 17, 2000), and by adding operators credit for accomplishing those airplanes listed in McDonnell Douglas a new airworthiness directive (AD), actions per the original version of the Alert Service Bulletin MD11–24A150, amendment 39–12809, to read as service bulletin. dated March 25, 1999, on the U.S. follows: Register. However, should an affected Explanation of Change to Applicability 2002–14–09 McDonnell Douglas: airplane be imported and placed on the Amendment 39–12809. Docket 2001– The FAA has revised the applicability U.S. Register in the future, it will NM–63–AD. Supersedes AD 2000–03– of the existing AD to identify model require approximately 1 work hour to 15, Amendment 39–11574. designations as published in the most accomplish the replacement currently Applicability: Model MD–11 and MD–11F recent type certificate data sheet for the required by AD 2000–03–15, and airplanes, as listed in McDonnell Douglas affected models. retained in this AD, at an average labor Alert Service Bulletin MD11–24A150, dated March 25, 1999; and McDonnell Douglas Conclusion rate of $60 per work hour. The cost of Alert Service Bulletin MD11–24A178, required parts will be $885. Based on Revision 01, dated December 17, 2001; After careful review of the available these figures, the cost impact of this AD data, the FAA has determined that air certificated in any category. for this replacement will be $945 per Note 1: This AD applies to each airplane safety and the public interest require the airplane. adoption of the rule with the changes identified in the preceding applicability Regulatory Impact provision, regardless of whether it has been described previously. The FAA has modified, altered, or repaired in the area determined that these changes will The regulations adopted herein will subject to the requirements of this AD. For neither increase the economic burden not have a substantial direct effect on airplanes that have been modified, altered, or on any operator nor increase the scope the States, on the relationship between repaired so that the performance of the of the AD. the national Government and the States, requirements of this AD is affected, the or on the distribution of power and owner/operator must request approval for an Cost Impact alternative method of compliance in responsibilities among the various There are approximately 133 Model accordance with paragraph (c) of this AD. levels of government. Therefore, it is MD–11 and –11F airplanes listed in The request should include an assessment of determined that this final rule does not McDonnell Douglas Alert Service the effect of the modification, alteration, or have federalism implications under repair on the unsafe condition addressed by Bulletin MD11–24A178, Revision 01, Executive Order 13132. this AD; and, if the unsafe condition has not dated December 17, 2001, of the affected For the reasons discussed above, I been eliminated, the request should include design in the worldwide fleet. The FAA certify that this action (1) is not a specific proposed actions to address it. estimates that 52 airplanes of U.S. ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless registry will be affected by this AD. Executive Order 12866; (2) is not a accomplished previously. The new actions that are required in ‘‘significant rule’’ under DOT To prevent electrical arcing caused by this AD action will take approximately power feeder cable terminal lugs grounding Regulatory Policies and Procedures (44 3 (for Group 1 airplanes) and 4 (for against terminal strip support brackets, FR 11034, February 26, 1979); and (3) Group 2 airplanes) work hours per which could result in smoke and fire in the will not have a significant economic airplane to accomplish, at an average main cabin or avionics compartment, impact, positive or negative, on a labor rate of $60 per work hour. accomplish the following: substantial number of small entities Required parts will cost approximately Restatement of Certain Requirements of AD under the criteria of the Regulatory $1,142 per airplane. Based on these 2000–03–15 Flexibility Act. A final evaluation has figures, the cost impact of the new been prepared for this action and it is Replacement of Terminal Strips and requirements of this AD on U.S. contained in the Rules Docket. A copy Supports operators is estimated to be $1,322 (for of it may be obtained from the Rules (a) For airplanes listed in the effectivity of Group 1 airplanes) and $1,382 (for Docket at the location provided under McDonnell Douglas Alert Service Bulletin Group 2 airplanes) per airplane. the caption ADDRESSES. MD11–24A150, dated March 25, 1999, on The cost impact figures discussed which the modification specified in above are based on assumptions that no List of Subjects in 14 CFR Part 39 McDonnell Douglas Service Bulletin MD11– 24–085, dated August 1, 1995, has not been operator has yet accomplished any of Air transportation, Aircraft, Aviation the requirements of this AD action, and accomplished: Within 1 year after March 23, safety, Incorporation by reference, 2000 (the effective date of AD 2000–03–15, that no operator would accomplish Safety. those actions in the future if this AD amendment 39–11574), replace the existing Adoption of the Amendment terminal strips and supports above the main were not adopted. The cost impact cabin at station Y=5–32.000 with new figures discussed in AD rulemaking Accordingly, pursuant to the terminal strips and supports in accordance actions represent only the time authority delegated to me by the with McDonnell Douglas Alert Service necessary to perform the specific actions Administrator, the Federal Aviation Bulletin MD11–24A150, dated March 25, actually required by the AD. These Administration amends part 39 of the 1999. figures typically do not include Federal Aviation Regulations (14 CFR New Actions Required by This AD incidental costs, such as the time part 39) as follows: required to gain access and close up, Replacement, Inspection, and Corrective planning time, or time necessitated by PART 39—AIRWORTHINESS Action If Necessary other administrative actions. However, DIRECTIVES (b) For airplanes listed in the effectivity of the FAA has been advised that McDonnell Douglas Alert Service Bulletin manufacturer warranty remedies are 1. The authority citation for part 39 MD11–24A178, Revision 01, dated December available for labor costs associated with continues to read as follows: 17, 2001: Within 18 months after the effective date of this AD, do the actions specified in accomplishing the actions required by Authority: 49 U.S.C. 106(g), 40113, 44701. paragraphs (b)(1) and (b)(2) of this AD per the this AD. Therefore, the future economic § 39.13 [Amended] service bulletin. cost impact of this rule on U.S. (1) Replace the applicable terminal strips operators may be less than the cost 2. Section 39.13 is amended by in the avionics compartment with new impact figure indicated above. removing amendment 39–11574 (65 FR terminal strips (including inspecting wires
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for damage, repairing any damaged wire, and MD11–24A150, dated March 25, 1999, was of the Federal Register as of August 23, removing the nameplate); and approved previously by the Director of the 2002. (2) Perform a general visual inspection to Federal Register as of March 23, 2000 (65 FR detect arcing damage of the surrounding 8025, February 17, 2000). ADDRESSES: The service information structure of the terminal strips and electrical (3) Copies may be obtained from Boeing referenced in this AD may be obtained cables in the avionics compartment. If any Commercial Aircraft Group, Long Beach from Boeing Commercial Aircraft damage is detected, before further flight, Division, 3855 Lakewood Boulevard, Long Group, Long Beach Division, 3855 repair or replace any damaged component Beach, California 90846, Attention: Data and Lakewood Boulevard, Long Beach, with a new component, per the service Service Management, Dept. C1–L5A (D800– California 90846, Attention: Data and bulletin; except if the type of structural 0024). Copies may be inspected at the FAA, Service Management, Dept. C1–L5A material of the surrounding structure that has Transport Airplane Directorate, 1601 Lind (D800–0024). This information may be been affected is not covered in the Structural Avenue, SW., Renton, Washington; or at the Repair Manual, repair per a method approved FAA, Los Angeles Aircraft Certification examined at the Federal Aviation by the Manager, Los Angeles Aircraft Office, 3960 Paramount Boulevard, Administration (FAA), Transport Certification Office (ACO), FAA. Lakewood, California; or at the Office of the Airplane Directorate, Rules Docket, Note 2: For the purposes of this AD, a Federal Register, 800 North Capitol Street, 1601 Lind Avenue, SW., Renton, general visual inspection is defined as ‘‘A NW., suite 700, Washington, DC. Washington; or at the FAA, Los Angeles visual examination of an interior or exterior Effective Date Aircraft Certification Office, 3960 area, installation, or assembly to detect Paramount Boulevard, Lakewood, obvious damage, failure, or irregularity. This (f) This amendment becomes effective on California; or at the Office of the Federal August 23, 2002. level of inspection is made under normally Register, 800 North Capitol Street, NW., available lighting conditions such as Issued in Renton, Washington, on July 2, suite 700, Washington, DC. daylight, hangar lighting, flashlight, or drop- 2002. light, and may require removal or opening of FOR FURTHER INFORMATION CONTACT: Jeffrey E. Duven, access panels or doors. Stands, ladders, or Technical Information: Brett Portwood, platforms may be required to gain proximity Acting Manager, Transport Airplane Aerospace Engineer, Systems and Directorate, Aircraft Certification Service. to the area being checked.’’ Equipment Branch, ANM–130L, FAA, Note 3: Accomplishment of the [FR Doc. 02–17536 Filed 7–18–02; 8:45 am] Los Angeles Aircraft Certification replacement, inspection, and corrective BILLING CODE 4910–13–P Office, 3960 Paramount Boulevard, action, before the effective date of this AD, Lakewood, California 90712; telephone per McDonnell Douglas Alert Service (562) 627–5350; fax (562) 627–5210. Bulletin MD11–24A178, dated May 14, 2001, DEPARTMENT OF TRANSPORTATION is considered acceptable for compliance with Other Information: Sandi Carli, the applicable actions specified in this Federal Aviation Administration Airworthiness Directive Technical amendment. Writer/Editor; telephone (425) 687– 14 CFR Part 39 4243, fax (425) 227–1232. Questions or Alternative Methods of Compliance comments may also be sent via the (c) An alternative method of compliance or [Docket No. 2001–NM–64–AD; Amendment Internet using the following address: 39–12810; AD 2002–14–10] adjustment of the compliance time that [email protected]. Questions or provides an acceptable level of safety may be RIN 2120–AA64 comments sent via the Internet as used if approved by the Manager, Los attached electronic files must be Angeles ACO, FAA. Operators shall submit Airworthiness Directives; McDonnell formatted in Microsoft Word 97 for their requests through an appropriate FAA Douglas Model MD–11 and –11F Windows or ASCII text. Principal Maintenance Inspector, who may Airplanes Equipped With United add comments and then send it to the Technologies Pratt & Whitney Engines SUPPLEMENTARY INFORMATION: A Manager, Los Angeles ACO. proposal to amend part 39 of the Federal Note 4: Information concerning the AGENCY: Federal Aviation Aviation Regulations (14 CFR part 39) to existence of approved alternative methods of Administration, DOT. include an airworthiness directive (AD) compliance with this AD, if any, may be ACTION: Final rule. that is applicable to certain McDonnell obtained from the Los Angeles ACO. Douglas Model MD–11 and –11F Special Flight Permits SUMMARY: This amendment adopts a airplanes was published in the Federal new airworthiness directive (AD), Register on October 5, 2001 (66 FR (d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 applicable to certain McDonnell 50880). That action proposed to require of the Federal Aviation Regulations (14 CFR Douglas Model MD–11 and –11F replacing the wire harness support 21.197 and 21.199) to operate the airplane to airplanes, that requires replacing the bracket of the integrated drive generator a location where the requirements of this AD wire harness support bracket of the of the forward engine mounts with a can be accomplished. integrated drive generator (IDG) of the new support bracket, and modifying the Incorporation by Reference forward engine mounts with a new angle of the bracket near the oil filter. support bracket, and modifying the (e) Except as provided by paragraph (b)(2) angle of the bracket near the oil filter. Comments of this AD, the actions shall be done in accordance with McDonnell Douglas Alert The actions specified by this AD are Interested persons have been afforded Service Bulletin MD11–24A150, dated March intended to prevent arcing of the IDG an opportunity to participate in the 25, 1999; and McDonnell Douglas Alert wire harness, which could result in making of this amendment. Due Service Bulletin MD11–24A178, Revision 01, smoke and/or fire in the area of the consideration has been given to the dated December 17, 2001; as applicable. forward engine mount bolt retainer and/ single comment received. (1) The incorporation by reference of or fire detector responder. This action is The commenter supports the McDonnell Douglas Alert Service Bulletin intended to address the identified proposed rule. MD11–24A178, Revision 01, dated December unsafe condition. 17, 2001, is approved by the Director of the Explanation of Change to Applicability Federal Register in accordance with 5 U.S.C. DATES: Effective August 23, 2002. 552(a) and 1 CFR part 51. The incorporation by reference of The FAA has revised the applicability (2) The incorporation by reference of certain publications listed in the of the existing AD to identify model McDonnell Douglas Alert Service Bulletin regulations is approved by the Director designations as published in the most
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recent type certificate data sheet for the under the criteria of the Regulatory bracket of the IDG of the forward engine affected models. Flexibility Act. A final evaluation has mounts with a new support bracket, and been prepared for this action and it is modify the angle of the bracket near the oil Conclusion contained in the Rules Docket. A copy filter (i.e., cut and grind flanges, deburr edges, fusion weld flanges, and reidentify After careful review of the available of it may be obtained from the Rules data, including the comment noted bracket), per Boeing Alert Service Bulletin Docket at the location provided under MD11–71A086, Revision 01, dated May 21, above, the FAA has determined that air the caption ADDRESSES. 2001. safety and the public interest require the List of Subjects in 14 CFR Part 39 Note 2: Boeing Alert Service Bulletin adoption of the rule with the change MD11–71A086 references United previously described. The FAA has Air transportation, Aircraft, Aviation Technologies Pratt & Whitney Service determined that this change will neither safety, Incorporation by reference, Bulletin PW4MD11 71–107, dated May 15, increase the economic burden on any Safety. 1996, as an additional source of service operator nor increase the scope of the information for accomplishing the proposed AD. Adoption of the Amendment replacement and modification. Cost Impact Accordingly, pursuant to the Spares authority delegated to me by the There are approximately 195 Model (b) As of the effective date of this AD, no Administrator, the Federal Aviation United Technologies Pratt & Whitney Model MD–11 and –11F airplanes of the Administration amends part 39 of the affected design in the worldwide fleet. PW4460 or PW4462 engines, engine buildup Federal Aviation Regulations (14 CFR units having neutral quick engine change, The FAA estimates that 67 airplanes of part 39) as follows: cum units 4 through 240 inclusive and serial U.S. registry will be affected by this AD, numbers 5166001 through 5213003 inclusive, that it will take approximately 3 work PART 39—AIRWORTHINESS shall be installed on any airplane unless the hours per airplane to accomplish the DIRECTIVES requirements of paragraph (a) of this AD have required actions, and that the average been done. 1. The authority citation for part 39 labor rate is $60 per work hour. Alternative Methods of Compliance Required parts will be provided by the continues to read as follows: (c) An alternative method of compliance or engine manufacturer at no cost to the Authority: 49 U.S.C. 106(g), 40113, 44701. adjustment of the compliance time that operators. Based on these figures, the § 39.13 [Amended] provides an acceptable level of safety may be cost impact of the AD on U.S. operators used if approved by the Manager, Los is estimated to be $12,060, or $180 per 2. Section 39.13 is amended by Angeles Aircraft Certification Office (ACO), airplane. adding the following new airworthiness FAA. Operators shall submit their requests The cost impact figure discussed directive: through an appropriate FAA Principal Maintenance Inspector, who may add above is based on assumptions that no 2002–14–10 McDonnell Douglas: operator has yet accomplished any of comments and then send it to the Manager, Amendment 39–12810. Docket 2001– Los Angeles ACO. the requirements of this AD action, and NM–64–AD. that no operator would accomplish Applicability: Model MD–11 and –11F Note 3: Information concerning the those actions in the future if this AD airplanes, certificated in any category; existence of approved alternative methods of equipped with United Technologies Pratt & compliance with this AD, if any, may be were not adopted. The cost impact obtained from the Los Angeles ACO. figures discussed in AD rulemaking Whitney Model PW4460 or PW4462 engines, actions represent only the time engine buildup units having neutral quick Special Flight Permit engine change, cum units 4 through 240 necessary to perform the specific actions inclusive and serial numbers 5166001 (d) Special flight permits may be issued in actually required by the AD. These through 5213003 inclusive. accordance with sections 21.197 and 21.199 figures typically do not include of the Federal Aviation Regulations (14 CFR Note 1: This AD applies to each airplane 21.197 and 21.199) to operate the airplane to incidental costs, such as the time identified in the preceding applicability required to gain access and close up, a location where the requirements of this AD provision, regardless of whether it has been can be accomplished. planning time, or time necessitated by modified, altered, or repaired in the area other administrative actions. subject to the requirements of this AD. For Incorporation by Reference airplanes that have been modified, altered, or Regulatory Impact (e) The replacement and modification shall repaired so that the performance of the be done in accordance with Boeing Alert The regulations adopted herein will requirements of this AD is affected, the Service Bulletin MD11–71A086, Revision 01, not have a substantial direct effect on owner/operator must request approval for an dated May 21, 2001. This incorporation by the States, on the relationship between alternative method of compliance in reference was approved by the Director of the the national Government and the States, accordance with paragraph (c) of this AD. Federal Register in accordance with 5 U.S.C. The request should include an assessment of 552(a) and 1 CFR part 51. Copies may be or on the distribution of power and the effect of the modification, alteration, or responsibilities among the various obtained from Boeing Commercial Aircraft repair on the unsafe condition addressed by Group, Long Beach Division, 3855 Lakewood levels of government. Therefore, it is this AD; and, if the unsafe condition has not Boulevard, Long Beach, California 90846, determined that this final rule does not been eliminated, the request should include Attention: Data and Service Management, have federalism implications under specific proposed actions to address it. Dept. C1-L5A (D800–0024). Copies may be Executive Order 13132. Compliance: Required as indicated, unless inspected at the FAA, Transport Airplane For the reasons discussed above, I accomplished previously. Directorate, 1601 Lind Avenue, SW., Renton, certify that this action (1) is not a To prevent arcing of the integrated drive Washington; or at the FAA, Los Angeles ‘‘significant regulatory action’’ under generator (IDG) wire harness, which could Aircraft Certification Office, 3960 Paramount Executive Order 12866; (2) is not a result in smoke and/or fire in the area of the Boulevard, Lakewood, California; or at the ‘‘significant rule’’ under DOT forward engine mount bolt retainer and/or Office of the Federal Register, 800 North Regulatory Policies and Procedures (44 fire detector responder, accomplish the Capitol Street, NW., suite 700, Washington, following: DC. FR 11034, February 26, 1979); and (3) will not have a significant economic Replacement and Modification Effective Date impact, positive or negative, on a (a) Within 1 year after the effective date of (f) This amendment becomes effective on substantial number of small entities this AD, replace the wire harness support August 23, 2002.
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Issued in Renton, Washington, on July 2, ADDRESSES: The service information Explanation of Change to Applicability 2002. referenced in this AD may be obtained The FAA finds that Model MD–11 Jeffrey E. Duven, from Boeing Commercial Aircraft and –11F airplanes were not specifically Acting Manager, Transport Airplane Group, Long Beach Division, 3855 Directorate, Aircraft Certification Service. identified by model name in the Lakewood Boulevard, Long Beach, applicability of the proposed AD. [FR Doc. 02–17529 Filed 7–18–02; 8:45 am] California 90846, Attention: Data and However, those airplanes were BILLING CODE 4910–13–P Service Management, Dept. C1–L5A identified by manufacturer’s fuselage (D800–0024). This information may be numbers in the effectivity listing of examined at the FAA, Transport DEPARTMENT OF TRANSPORTATION McDonnell Douglas Alert Service Airplane Directorate, 1601 Lind Bulletin MD11–24A138, Revision 01, Avenue, SW., Renton, Washington; or at Federal Aviation Administration dated June 5, 2001, which was the FAA, Los Angeles Aircraft referenced in the applicability of the Certification Office, 3960 Paramount 14 CFR Part 39 proposed AD. Therefore, we have Boulevard, Lakewood, California; or at revised this AD to specifically reference [Docket No. 2001–NM–65–AD; Amendment the Office of the Federal Register, 800 Model MD–11 and –11F airplanes 39–12811; AD 2002–14–11] North Capitol Street, NW., suite 700, where appropriate. In addition, we have RIN 2120–AA64 Washington, DC. revised the applicability of the existing FOR FURTHER INFORMATION CONTACT: AD to identify model designations as Airworthiness Directives; McDonnell Technical Information: Brett Portwood, published in the most recent type Douglas Model MD–11 and –11F Aerospace Engineer, Systems and certificate data sheet for the affected Airplanes Equipment Branch, ANM–130L, FAA, models. Los Angeles Aircraft Certification AGENCY: Federal Aviation Explanation of Change to Inspection Office, 3960 Paramount Boulevard, Administration, DOT. Definition ACTION: Final rule. Lakewood, California 90712–4137; telephone (562) 627–5350; fax (562) For clarification purposes, the FAA SUMMARY: This amendment supersedes 627–5210. has revised the definition of a ‘‘general an existing airworthiness directive (AD), Other Information: Sandi Carli, visual inspection’’ in Note 2 of this final applicable to certain McDonnell Airworthiness Directive Technical rule. Douglas Model MD–11 series airplanes, Writer/Editor; telephone (425) 687– Conclusion that currently requires replacing the 4243, fax (425) 227–1232. Questions or ground support bracket(s); and rerouting comments may also be sent via the After careful review of the available the ground cables of the galley external Internet using the following address: data, the FAA has determined that air power and main external power, or [email protected]. Questions or safety and the public interest require the ground cables of the main external comments sent via the Internet as adoption of the rule with the changes power; as applicable. This amendment attached electronic files must be described above. The FAA has requires a general visual inspection of formatted in Microsoft Word 97 for determined that these changes will the ground cables of the main external Windows or ASCII text. neither increase the economic burden power and galley external power for on any operator nor increase the scope excessive length, as applicable; and SUPPLEMENTARY INFORMATION: A of the AD. corrective actions, if necessary. This proposal to amend part 39 of the Federal Cost Impact amendment is prompted by the FAA’s Aviation Regulations (14 CFR part 39) determination that currently required by superseding AD 2000–24–13, There are approximately 149 Model actions may not adequately address the amendment 39–12020 (65 FR 75616, MD–11 and –11F airplanes of the identified unsafe condition. The actions December 4, 2000), which is applicable affected design in the worldwide fleet. specified by this AD are intended to to certain McDonnell Douglas Model The FAA estimates that 59 airplanes of prevent arcing and heat damage to the MD–11 and –11F airplanes, was U.S. registry will be affected by this AD. attachment points of the main external published in the Federal Register on The actions that are currently and galley power receptacle ground October 5, 2001 (66 FR 50877). The required by AD 2000–24–13, and wire, insulation blankets outboard and action continues to require replacing the retained in this amendment, take aft of the receptacle area, and adjacent ground support bracket(s); and rerouting approximately 1 work hour (for Group power cables, which could result in the ground cables of the galley external 1 airplanes) or 2 work hours (for Group smoke and fire in the forward cargo power and main external power, or 2 airplanes) per airplane to accomplish compartment. ground cables of the main external the required actions, at an average labor DATES: Effective August 23, 2002. power; as applicable. The action rate of $60 per work hour. Required The incorporation by reference of proposed to require a general visual parts cost approximately $337 (for McDonnell Douglas Alert Service inspection of the ground cables of the Group 1 airplanes) or $647 (for Group 2 Bulletin MD11–24A138, Revision 01, main external power and galley external airplanes) per airplane. Based on these dated June 5, 2001, as listed in the power for excessive length, as figures, the cost impact of the currently regulations, is approved by the Director applicable; and corrective actions, if required actions on U.S. operators is of the Federal Register as of August 23, necessary. estimated to be $397 (for Group 1 2002. Comments airplanes) or $767 (for Group 2 The incorporation by reference of airplanes), per airplane. McDonnell Douglas Alert Service Interested persons have been afforded The new actions that are required by Bulletin MD11–24A138, dated April 3, an opportunity to participate in the this AD action will take approximately 2000, as listed in the regulations, was making of this amendment. No 1 work hour per airplane to accomplish, approved previously by the Director of comments were submitted in response at an average labor rate of $60 per work the Federal Register as of January 8, to the proposal or the FAA’s hour. Based on these figures, the cost 2001 (65 FR 75616, December 4, 2000). determination of the cost to the public. impact of the new requirements of this
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AD is estimated to be $3,540, or $60 per § 39.13 [Amended] MD11–24A138, Revision 01, dated June 5, airplane. 2. Section 39.13 is amended by 2001. (1) For Group 3 airplanes listed in Revision The cost impact figures discussed removing amendment 39–12020 (65 FR 01 of the service bulletin: Do a general visual above are based on assumptions that no 75616, December 4, 2000), and by inspection of the ground cables of the main operator has yet accomplished any of adding a new airworthiness directive external power and galley external power for the requirements of this AD action, and (AD), amendment 39–12811, to read as excessive length. If any cable length is that no operator would accomplish follows: excessive, before further flight, do applicable corrective actions (e.g., cut cable assembly to those actions in the future if this AD 2002–14–11 McDonnell Douglas: were not adopted. The cost impact correct length and install a terminal on the Amendment 39–12811. Docket 2001– cut end of the cable) per Condition 2 of figures discussed in AD rulemaking NM–65–AD. Supersedes AD 2000–24– Figure 3 of the service bulletin. actions represent only the time 13, Amendment 39–12020. (2) For Group 4 airplanes listed in Revision necessary to perform the specific actions Applicability: Model MD–11 and –11F 01 of the service bulletin: Do a general visual actually required by the AD. These airplanes, as listed in McDonnell Douglas inspection of the ground cables of the main figures typically do not include Alert Service Bulletin MD11–24A138, external power for excessive length. If any incidental costs, such as the time Revision 01, dated June 5, 2001; certificated cable length is excessive, before further required to gain access and close up, in any category. flight, do applicable corrective actions (e.g., planning time, or time necessitated by Note 1: This AD applies to each airplane cut cable assembly to correct length and other administrative actions. identified in the preceding applicability install a terminal on the cut end of the cable) provision, regardless of whether it has been per Condition 2 of Figure 4 of the service Regulatory Impact modified, altered, or repaired in the area bulletin. subject to the requirements of this AD. For Note 2: For the purposes of this AD, a The regulations adopted herein will airplanes that have been modified, altered, or general visual inspection is defined as: ‘‘A not have a substantial direct effect on repaired so that the performance of the visual examination of an interior or exterior the States, on the relationship between requirements of this AD is affected, the area, installation, or assembly to detect the national Government and the States, owner/operator must request approval for an obvious damage, failure, or irregularity. This or on the distribution of power and alternative method of compliance in level of inspection is made from within accordance with paragraph (c) of this AD. responsibilities among the various touching distance unless otherwise specified. The request should include an assessment of A mirror may be necessary to enhance visual levels of government. Therefore, it is the effect of the modification, alteration, or access to all exposed surfaces in the determined that this final rule does not repair on the unsafe condition addressed by inspection area. This level of inspection is have federalism implications under this AD; and, if the unsafe condition has not made under normally available lighting Executive Order 13132. been eliminated, the request should include conditions such as daylight, hangar lighting, For the reasons discussed above, I specific proposed actions to address it. flashlight, or droplight and may require certify that this action (1) is not a Compliance: Required as indicated, unless removal or opening of access panels or doors. Stands, ladders, or platforms may be required ‘‘significant regulatory action’’ under accomplished previously. To prevent arcing and heat damage to the to gain proximity to the area being checked.’’ Executive Order 12866; (2) is not a attachment points of the main external and ‘‘significant rule’’ under DOT galley power receptacle ground wire, Alternative Methods of Compliance Regulatory Policies and Procedures (44 insulation blankets outboard and aft of the (c) An alternative method of compliance or FR 11034, February 26, 1979); and (3) receptacle area, and adjacent power cables, adjustment of the compliance time that will not have a significant economic which could result in smoke and fire in the provides an acceptable level of safety may be impact, positive or negative, on a forward cargo compartment, accomplish the used if approved by the Manager, Los substantial number of small entities following: Angeles Aircraft Certification Office (ACO), under the criteria of the Regulatory FAA. Operators shall submit their requests Replacement and Rerouting through an appropriate FAA Principal Flexibility Act. A final evaluation has (a) Within 12 months after January 8, 2001 Maintenance Inspector, who may add been prepared for this action and it is (the effective date of AD 2000–24–13, comments and then send it to the Manager, contained in the Rules Docket. A copy amendment 39–12020), accomplish the Los Angeles ACO. of it may be obtained from the Rules actions specified in paragraph (a)(1) or (a)(2) Note 3: Information concerning the Docket at the location provided under of this AD, as applicable, in accordance with existence of approved alternative methods of the caption ADDRESSES. McDonnell Douglas Alert Service Bulletin compliance with this AD, if any, may be MD11–24A138, dated April 3, 2000, or obtained from the Los Angeles ACO. List of Subjects in 14 CFR Part 39 Revision 01, dated June 5, 2001. As of the effective date of this AD, only Revision 01 of Special Flight Permits Air transportation, Aircraft, Aviation the service bulletin shall be used. (d) Special flight permits may be issued in safety, Incorporation by reference, (1) For Group 1 airplanes listed in the accordance with sections 21.197 and 21.199 Safety. original version of the service bulletin, of the Federal Aviation Regulations (14 CFR excluding fuselage number 0456: Replace the Adoption of the Amendment 21.197 and 21.199) to operate the airplane to ground support brackets with new brackets a location where the requirements of this AD and reroute the ground cables of the galley can be accomplished. Accordingly, pursuant to the external power and main external power. authority delegated to me by the (2) For Group 2 airplanes listed in the Incorporation by Reference Administrator, the Federal Aviation original version of the service bulletin and (e) The actions shall be done in accordance Administration amends part 39 of the fuselage number 0456: Replace the ground with McDonnell Douglas Alert Service Federal Aviation Regulations (14 CFR support bracket and reroute the ground Bulletin MD11–24A138, dated April 3, 2000, part 39) as follows: cables of the main external power. or McDonnell Douglas Alert Service Bulletin MD11–24A138, Revision 01, dated June 5, Inspection and Corrective Actions, If 2001; as applicable. PART 39—AIRWORTHINESS Necessary DIRECTIVES (1) This incorporation by reference of (b) Within 12 months after the effective McDonnell Douglas Alert Service Bulletin 1. The authority citation for part 39 date of this AD, accomplish the actions MD11–24A138, Revision 01, dated June 5, specified in paragraph (b)(1) or (b)(2) of this 2001, is approved by the Director of the continues to read as follows: AD, as applicable, in accordance with Federal Register in accordance with 5 U.S.C. Authority: 49 U.S.C. 106(g), 40113, 44701. McDonnell Douglas Alert Service Bulletin 552(a) and 1 CFR part 51.
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(2) The incorporation by reference of regulations is approved by the Director applicability of the proposed AD. McDonnell Douglas Alert Service Bulletin of the Federal Register as of August 23, However, those airplanes were MD11–24A138, dated April 3, 2000, was 2002. identified by manufacturer’s fuselage approved previously by the Director of the numbers in the effectivity listing of Federal Register as of January 8, 2001 (65 FR ADDRESSES: The service information 75616, December 4, 2000). referenced in this AD may be obtained Boeing Alert Service Bulletin MD11– (3) Copies may be obtained from Boeing from Boeing Commercial Aircraft 28A058, Revision 01, dated March 29, Commercial Aircraft Group, Long Beach Group, Long Beach Division, 3855 2001, which was referenced in the Division, 3855 Lakewood Boulevard, Long Lakewood Boulevard, Long Beach, applicability of the proposed AD. Beach, California 90846, Attention: Data and California 90846, Attention: Data and Therefore, we have revised this AD to Service Management, Dept. C1-L5A (D800– Service Management, Dept. C1–L5A specifically reference Model MD–11 and 0024). Copies may be inspected at the FAA, (D800–0024). This information may be –11F airplanes where appropriate. In Transport Airplane Directorate, 1601 Lind examined at the Federal Aviation addition, we have revised the Avenue, SW., Renton, Washington; or at the applicability of the existing AD to FAA, Los Angeles Aircraft Certification Administration (FAA), Transport Office, 3960 Paramount Boulevard, Airplane Directorate, Rules Docket, identify model designations as Lakewood, California; or at the Office of the 1601 Lind Avenue, SW., Renton, published in the most recent type Federal Register, 800 North Capitol Street, Washington; or at the FAA, Los Angeles certificate data sheet for the affected NW., suite 700, Washington, DC. Aircraft Certification Office, 3960 models. Effective Date Paramount Boulevard, Lakewood, Explanation of Change to Inspection California; or at the Office of the Federal Definition (f) This amendment becomes effective on Register, 800 North Capitol Street, NW., August 23, 2002. suite 700, Washington, DC. For clarification purposes, the FAA Issued in Renton, Washington, on July 2, has revised the definition of a ‘‘general FOR FURTHER INFORMATION CONTACT: 2002. visual inspection’’ in Note 2 of this final Technical Information: Brett Portwood, rule. Jeffrey E. Duven, Aerospace Engineer, Systems and Acting Manager, Transport Airplane Equipment Branch, ANM–130L, FAA, Conclusion Directorate, Aircraft Certification Service. Los Angeles Aircraft Certification [FR Doc. 02–17530 Filed 7–18–02; 8:45 am] After careful review of the available Office, 3960 Paramount Boulevard, data, the FAA has determined that air BILLING CODE 4910–13–P Lakewood, California 90712–4137; safety and the public interest require the telephone (562) 627–5350; fax (562) adoption of the rule with the changes 627–5210. DEPARTMENT OF TRANSPORTATION previously described. The FAA has Other Information: Sandi Carli, determined that these changes will Federal Aviation Administration Airworthiness Directive Technical neither increase the economic burden Writer/Editor; telephone (425) 687– on any operator nor increase the scope 14 CFR Part 39 4243, fax (425) 227–1232. Questions or of the AD. comments may also be sent via the [Docket No. 2001–NM–157–AD; Amendment Internet using the following address: Cost Impact 39–12812; AD 2002–14–12] [email protected]. Questions or There are approximately 78 Model RIN 2120–AA64 comments sent via the Internet as MD–11 and –11F airplanes of the attached electronic files must be affected design in the worldwide fleet. Airworthiness Directives; McDonnell formatted in Microsoft Word 97 for The FAA estimates that 30 airplanes of Douglas Model MD–11 and –11F Windows or ASCII text. U.S. registry will be affected by this AD, Airplanes SUPPLEMENTARY INFORMATION: A that it will take approximately 1 work proposal to amend part 39 of the Federal hour per airplane to accomplish the AGENCY: Federal Aviation Aviation Regulations (14 CFR part 39) to required inspection, and that the Administration, DOT. include an airworthiness directive (AD) average labor rate is $60 per work hour. ACTION: Final rule. that is applicable to certain McDonnell Based on these figures, the cost impact Douglas Model MD–11 and –11F of the AD on U.S. operators is estimated SUMMARY: This amendment adopts a airplanes was published in the Federal to be $1,800, or $60 per airplane. new airworthiness directive (AD), Register on October 5, 2001 (66 FR The cost impact figure discussed applicable to certain McDonnell 50875). That action proposed to require above is based on assumptions that no Douglas Model MD–11 and –11F an inspection of the wiring in the fuel operator has yet accomplished any of airplanes, that requires an inspection of control panel of the wings for chafing the requirements of this AD action, and the wiring in the fuel control panel of damage and for proper routing of the that no operator would accomplish the wings for chafing damage and for wiring; and corrective action(s), if those actions in the future if this AD proper routing of the wiring; and necessary. were not adopted. The cost impact corrective action(s), if necessary. This figures discussed in AD rulemaking action is necessary to prevent chafing of Comments actions represent only the time the wiring in a cutout area in the wing Interested persons have been afforded necessary to perform the specific actions fuel control panel due to improperly an opportunity to participate in the actually required by the AD. These routed wiring, which could result in making of this amendment. No figures typically do not include electrical arcing in an abnormal fuel comments were submitted in response incidental costs, such as the time vapor zone and consequent possible to the proposal or the FAA’s required to gain access and close up, ignition of the fuel vapor. This action is determination of the cost to the public. planning time, or time necessitated by intended to address the identified other administrative actions. unsafe condition. Explanation of Change to Applicability DATES: Effective August 23, 2002. The FAA finds that Model MD–11F Regulatory Impact The incorporation by reference of airplanes were not specifically The regulations adopted herein will certain publications listed in the identified by model name in the not have a substantial direct effect on
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the States, on the relationship between repair on the unsafe condition addressed by compliance with this AD, if any, may be the national Government and the States, this AD; and, if the unsafe condition has not obtained from the Los Angeles ACO. been eliminated, the request should include or on the distribution of power and Special Flight Permits responsibilities among the various specific proposed actions to address it. levels of government. Therefore, it is Compliance: Required as indicated, unless (c) Special flight permits may be issued in accomplished previously. accordance with sections 21.197 and 21.199 determined that this final rule does not To prevent chafing of the wiring in a of the Federal Aviation Regulations (14 CFR have federalism implications under cutout area in the wing fuel control panel 21.197 and 21.199) to operate the airplane to Executive Order 13132. due to improperly routed wiring, which a location where the requirements of this AD For the reasons discussed above, I could result in electrical arcing in an can be accomplished. certify that this action (1) is not a abnormal fuel vapor zone and consequent Incorporation by Reference ‘‘significant regulatory action’’ under possible ignition of the fuel vapor, Executive Order 12866; (2) is not a accomplish the following: (d) The actions shall be done in accordance with Boeing Alert Service Bulletin MD11– ‘‘significant rule’’ under DOT Inspection and Corrective Action, If 28A058, Revision 01, dated March 29, 2001. Regulatory Policies and Procedures (44 Necessary This incorporation by reference was FR 11034, February 26, 1979); and (3) (a) Within 6 months after the effective date approved by the Director of the Federal will not have a significant economic of this AD, do a general visual inspection of Register in accordance with 5 U.S.C. 552(a) impact, positive or negative, on a the wiring in the fuel control panel of the and 1 CFR part 51. Copies may be obtained substantial number of small entities wings for chafing damage and for proper from Boeing Commercial Aircraft Group, under the criteria of the Regulatory routing of the wiring, per Boeing Alert Long Beach Division, 3855 Lakewood Service Bulletin MD11–28A058, Revision 01, Boulevard, Long Beach, California 90846, Flexibility Act. A final evaluation has dated March 29, 2001. been prepared for this action and it is Attention: Data and Service Management, Note 2: For the purposes of this AD, a Dept. C1–L5A (D800–0024). Copies may be contained in the Rules Docket. A copy general visual inspection is defined as: ‘‘A inspected at the FAA, Transport Airplane of it may be obtained from the Rules visual examination of an interior or exterior Directorate, 1601 Lind Avenue, SW., Renton, Docket at the location provided under area, installation, or assembly to detect Washington; or at the FAA, Los Angeles the caption ADDRESSES. obvious damage, failure, or irregularity. This Aircraft Certification Office, 3960 Paramount level of inspection is made from within Boulevard, Lakewood, California; or at the List of Subjects in 14 CFR Part 39 touching distance unless otherwise specified. Office of the Federal Register, 800 North Air transportation, Aircraft, Aviation A mirror may be necessary to enhance visual Capitol Street, NW., suite 700, Washington, safety, Incorporation by reference, access to all exposed surfaces in the DC. inspection area. This level of inspection is Safety. made under normally available lighting Effective Date Adoption of the Amendment conditions such as daylight, hangar lighting, (e) This amendment becomes effective on flashlight, or droplight and may require August 23, 2002. Accordingly, pursuant to the removal or opening of access panels or doors. authority delegated to me by the Stands, ladders, or platforms may be required Issued in Renton, Washington, on July 2, 2002. Administrator, the Federal Aviation to gain proximity to the area being checked.’’ Administration amends part 39 of the (1) Condition 1. If no chafing damage is Jeffrey E. Duven, Federal Aviation Regulations (14 CFR found and if the wiring is NOT routed into Acting Manager, Transport Airplane part 39) as follows: the cutout area of the fuel control panel, no Directorate, Aircraft Certification Service. further work is required by this AD. [FR Doc. 02–17531 Filed 7–18–02; 8:45 am] (2) Condition 2. If no chafing damage is PART 39—AIRWORTHINESS BILLING CODE 4910–13–P found and if the wiring is routed into the DIRECTIVES cutout area of the fuel control panel, before 1. The authority citation for part 39 further flight, revise the wire routing out of the cutout area in the fuel control panel, per DEPARTMENT OF TRANSPORTATION continues to read as follows: the service bulletin. Authority: 49 U.S.C. 106(g), 40113, 44701. (3) Condition 3. If any chafing damage is Federal Aviation Administration found and if the wiring is routed into the § 39.13 [Amended] cutout area of the fuel control panel, before 14 CFR Part 39 2. Section 39.13 is amended by further flight, replace any damaged wire with a new wire, and revise the wire routing out [Docket No. 2001–NM–158–AD; Amendment adding the following new airworthiness 39–12813; AD 2002–14–13] directive: of the cutout area in the fuel control panel, per the service bulletin. RIN 2120–AA64 2002–14–12 McDonnell Douglas: Note 3: Accomplishment of the actions Amendment 39–12812. Docket 2001– specified in McDonnell Douglas service Airworthiness Directives; McDonnell NM–157–AD. Bulletin MD11–28–058, dated January 3, Douglas Model MD–11 and –11F Applicability: Model MD–11 and –11F 1995, before the effective date of this AD, is Airplanes airplanes, as listed in Boeing Alert Service considered acceptable for compliance with Bulletin MD11–28A058, Revision 01, dated the requirements of this AD. AGENCY: Federal Aviation March 29, 2001; certificated in any category. Administration, DOT. Alternative Methods of Compliance Note 1: This AD applies to each airplane ACTION: Final rule. identified in the preceding applicability (b) An alternative method of compliance or provision, regardless of whether it has been adjustment of the compliance time that SUMMARY: This amendment adopts a modified, altered, or repaired in the area provides an acceptable level of safety may be new airworthiness directive (AD), subject to the requirements of this AD. For used if approved by the Manager, Los applicable to certain McDonnell airplanes that have been modified, altered, or Angeles Aircraft Certification Office (ACO), Douglas Model MD–11 and –11F FAA. Operators shall submit their requests repaired so that the performance of the airplanes, that requires installing a requirements of this AD is affected, the through an appropriate FAA Principal owner/operator must request approval for an Maintenance Inspector, who may add clipnut and bracket and revising the alternative method of compliance in comments and then send it to the Manager, routing of the wire assembly of the accordance with paragraph (b) of this AD. Los Angeles ACO. forward lower cargo door. This action is The request should include an assessment of Note 4: Information concerning the necessary to prevent failure of the wire the effect of the modification, alteration, or existence of approved alternative methods of assemblies and damage of a ballast of a
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light fixture, and consequent smoke Request To Revise the Cost Impact on any operator nor increase the scope and/or fire in the forward cargo One commenter, the airplane of the AD. compartment. This action is intended to manufacturer, notes that the Cost Impact Cost Impact address the identified unsafe condition. section of the proposed AD states, ‘‘The DATES: Effective August 23, 2002. manufacturer has committed previously There are approximately 157 Model The incorporation by reference of to its customers that it will bear the cost MD–11 and –11F airplanes of the certain publications listed in the of replacement parts.’’ The commenter affected design in the worldwide fleet. regulations is approved by the Director states that this is not quite accurate. The The FAA estimates that 61 airplanes of of the Federal Register as of August 23, commenter notes that in ‘‘2.B. Industry U.S. registry will be affected by this AD, 2002. Support Information’’ of the referenced that it will take approximately 2 work ADDRESSES: The service information service bulletin (i.e., Boeing Alert hours per airplane to accomplish the referenced in this AD may be obtained Service Bulletin MD11–52A035, required actions, and that the average from Boeing Commercial Aircraft Revision 02, dated March 12, 2001), it labor rate is $60 per work hour. The cost Group, Long Beach Division, 3855 states, ‘‘Boeing warranty remedies are of required parts will be nominal. Based Lakewood Boulevard, Long Beach, available for airplanes in warranty as of on these figures, the cost impact of the California 90846, Attention: Data and February 5, 1997.’’ AD on U.S. operators is estimated to be Service Management, Dept. C1–L5A The FAA infers that the commenter is $7,320, or $120 per airplane. (D800–0024). This information may be requesting that the Cost Impact section The cost impact figure discussed examined at the Federal Aviation be revised to correctly address warranty above is based on assumptions that no Administration (FAA), Transport remedies. We concur. We have revised operator has yet accomplished any of Airplane Directorate, Rules Docket, the final rule to specify the cost of the the requirements of this AD action, and 1601 Lind Avenue, SW., Renton, required parts and to clarify that that no operator would accomplish Washington; or at the FAA, Los Angeles required parts will be provided at no those actions in the future if this AD Aircraft Certification Office, 3960 charge for affected airplanes within the were not adopted. The cost impact Paramount Boulevard, Lakewood, warranty period. figures discussed in AD rulemaking California; or at the Office of the Federal actions represent only the time Register, 800 North Capitol Street, NW., Request To Revise Incorrect Service necessary to perform the specific actions suite 700, Washington, DC. Bulletin Reference actually required by the AD. These FOR FURTHER INFORMATION CONTACT: One commenter requests that a figures typically do not include Technical Information: Brett Portwood, typographical error be corrected in Note incidental costs, such as the time Aerospace Engineer, Systems and 2 of the proposed AD. The commenter required to gain access and close up, Equipment Branch, ANM–130L, FAA, states the correct service bulletin planning time, or time necessitated by Los Angeles Aircraft Certification reference should be ‘‘MD11–52–035,’’ other administrative actions. However, Office, 3960 Paramount Boulevard, not ‘‘MD11–52–034.’’ The FAA concurs for affected airplanes within the period Lakewood, California 90712–4137; and has revised the final rule under the warranty agreement, the FAA telephone (562) 627–5350; fax (562) accordingly. has been advised that the manufacturer 627–5210. has committed previously to its Other Information: Sandi Carli, Explanation of Change to Applicability customers that it will bear the cost of Airworthiness Directive Technical The FAA finds that Model MD–11F replacement parts. Writer/Editor; telephone (425) 687– airplanes were not specifically Regulatory Impact 4243, fax (425) 227–1232. Questions or identified by model name in the comments may also be sent via the applicability of the proposed AD. The regulations adopted herein will Internet using the following address: However, those airplanes are identified not have a substantial direct effect on [email protected]. Questions or by manufacturer’s fuselage numbers in the States, on the relationship between comments sent via the Internet as the effectivity listing of Boeing Alert the national Government and the States, attached electronic files must be Service Bulletin MD11–52A035, or on the distribution of power and formatted in Microsoft Word 97 for Revision 02, dated March 12, 2001, responsibilities among the various Windows or ASCII text. which was referenced in the levels of government. Therefore, it is SUPPLEMENTARY INFORMATION: A applicability of the proposed AD. determined that this final rule does not proposal to amend part 39 of the Federal Therefore, we have revised this AD to have federalism implications under Aviation Regulations (14 CFR part 39) to specifically reference Model MD–11 and Executive Order 13132. include an airworthiness directive (AD) –11F airplanes where appropriate. In For the reasons discussed above, I that is applicable to certain McDonnell addition, the FAA has revised the certify that this action (1) is not a Douglas Model MD–11 and –11F applicability of the existing AD to ‘‘significant regulatory action’’ under airplanes was published in the Federal identify model designations as Executive Order 12866; (2) is not a Register on October 5, 2001 (66 FR published in the most recent type ‘‘significant rule’’ under DOT 50873). That action proposed to require certificate data sheet for the affected Regulatory Policies and Procedures (44 installing a clipnut and bracket and models. FR 11034, February 26, 1979); and (3) will not have a significant economic revising the routing of the wire Conclusion assembly of the forward lower cargo impact, positive or negative, on a door. After careful review of the available substantial number of small entities data, including the comments noted under the criteria of the Regulatory Comments above, the FAA has determined that air Flexibility Act. A final evaluation has Interested persons have been afforded safety and the public interest require the been prepared for this action and it is an opportunity to participate in the adoption of the rule with the changes contained in the Rules Docket. A copy making of this amendment. Due previously described. The FAA has of it may be obtained from the Rules consideration has been given to the determined that these changes will Docket at the location provided under comments received. neither increase the economic burden the caption ADDRESSES.
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List of Subjects in 14 CFR Part 39 Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION (b) An alternative method of compliance or Air transportation, Aircraft, Aviation adjustment of the compliance time that Federal Aviation Administration safety, Incorporation by reference, provides an acceptable level of safety may be Safety. used if approved by the Manager, Los 14 CFR Part 39 Angeles Aircraft Certification Office (ACO), Adoption of the Amendment [Docket No. 2001–NM–159–AD; Amendment FAA. Operators shall submit their requests 39–12814; AD 2002–14–14] Accordingly, pursuant to the through an appropriate FAA Principal authority delegated to me by the Maintenance Inspector, who may add RIN 2120–AA64 Administrator, the Federal Aviation comments and then send it to the Manager, Administration amends part 39 of the Los Angeles ACO. Airworthiness Directives; McDonnell Federal Aviation Regulations (14 CFR Note 3: Information concerning the Douglas Model MD–11 and –11F part 39) as follows: existence of approved alternative methods of Airplanes Equipped With General compliance with this AD, if any, may be Electric Tail Engine Buildup Units PART 39—AIRWORTHINESS obtained from the Los Angeles ACO. (EBU) DIRECTIVES Special Flight Permits AGENCY: Federal Aviation 1. The authority citation for part 39 (c) Special flight permits may be issued in Administration, DOT. continues to read as follows: accordance with sections 21.197 and 21.199 ACTION: Final rule. Authority: 49 U.S.C. 106(g), 40113, 44701. of the Federal Aviation Regulations (14 CFR SUMMARY: 21.197 and 21.199) to operate the airplane to This amendment adopts a § 39.13 [Amended] a location where the requirements of this AD new airworthiness directive (AD), can be accomplished. applicable to certain McDonnell 2. Section 39.13 is amended by Douglas Model MD–11 and –11F adding the following new airworthiness Incorporation by Reference airplanes that requires installation of a directive: (d) The actions shall be done in accordance new support bracket with a clamp and 2002–14–13 McDonnell Douglas: with Boeing Alert Service Bulletin MD11– screw to support the wire harness of the Amendment 39–12813. Docket 2001– 52A035, Revision 02, dated March 12, 2001. integrated drive generator (IDG). This NM–158–AD. This incorporation by reference was action is necessary to prevent chafing Applicability: Model MD–11 and –11F approved by the Director of the Federal and arcing of the wire harness of the airplanes, as listed in Boeing Alert Service Register in accordance with 5 U.S.C. 552(a) IDG due to inadequate support, which Bulletin MD11–52A035, Revision 02, dated and 1 CFR part 51. Copies may be obtained could result in smoke and/or fire in the March 12, 2001; certificated in any category. from Boeing Commercial Aircraft Group, area of the forward engine mount. This Note 1: This AD applies to each airplane Long Beach Division, 3855 Lakewood action is intended to address the identified in the preceding applicability Boulevard, Long Beach, California 90846, identified unsafe condition. provision, regardless of whether it has been Attention: Data and Service Management, DATES: Effective August 23, 2002. modified, altered, or repaired in the area Dept. C1–L5A (D800–0024). Copies may be The incorporation by reference of subject to the requirements of this AD. For inspected at the FAA, Transport Airplane certain publications listed in the airplanes that have been modified, altered, or Directorate, 1601 Lind Avenue, SW., Renton, repaired so that the performance of the regulations is approved by the Director Washington; or at the FAA, Los Angeles requirements of this AD is affected, the of the Federal Register as of August 23, Aircraft Certification Office, 3960 Paramount owner/operator must request approval for an 2002. Boulevard, Lakewood, California; or at the alternative method of compliance in ADDRESSES: The service information accordance with paragraph (b) of this AD. Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, referenced in this AD may be obtained The request should include an assessment of from Boeing Commercial Aircraft the effect of the modification, alteration, or DC. repair on the unsafe condition addressed by Group, Long Beach Division, 3855 Effective Date this AD; and, if the unsafe condition has not Lakewood Boulevard, Long Beach, been eliminated, the request should include (e) This amendment becomes effective on California 90846, Attention: Data and specific proposed actions to address it. August 23, 2002. Service Management, Dept. C1–L5A (D800–0024). This information may be Compliance: Required as indicated, unless Issued in Renton, Washington, on July 2, examined at the Federal Aviation accomplished previously. 2002. To prevent failure of the wire assemblies Administration (FAA), Transport and damage of a ballast of a light fixture, and Jeffrey E. Duven, Airplane Directorate, Rules Docket, consequent smoke and/or fire in the forward Acting Manager, Transport Airplane 1601 Lind Avenue, SW., Renton, cargo compartment, accomplish the Directorate, Aircraft Certification Service. Washington; or at the FAA, Los Angeles following: [FR Doc. 02–17532 Filed 7–18–02; 8:45 am] Aircraft Certification Office, 3960 Installation of Clipnut and Bracket and BILLING CODE 4910–13–P Paramount Boulevard, Lakewood, Revision of Routing of Wiring California; or at the Office of the Federal (a) Within 1 year after the effective date of Register, 800 North Capitol Street, NW., this AD, install a clipnut and bracket and suite 700, Washington, DC. revise the routing of the wire assembly of the FOR FURTHER INFORMATION CONTACT: forward lower cargo door, per Boeing Alert Technical Information: Brett Portwood, Service Bulletin MD11–52A035, Revision 02, dated March 12, 2001. Aerospace Engineer, Systems and Equipment Branch, ANM–130L, FAA, Note 2: Accomplishment of the actions specified in McDonnell Douglas Service Los Angeles Aircraft Certification Bulletin MD11–52–035, Revision 01, dated Office, 3960 Paramount Boulevard, March 9, 1998, before the effective date of Lakewood, California 90712–4137; this AD, is considered acceptable for telephone (562) 627–5350; fax (562) compliance with the requirements of this AD. 627–5210.
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Other Information: Sandi Carli, on any operator nor increase the scope Adoption of the Amendment Airworthiness Directive Technical of the AD. Accordingly, pursuant to the Writer/Editor; telephone (425) 687– Cost Impact authority delegated to me by the 4243, fax (425) 227–1232. Questions or Administrator, the Federal Aviation comments may also be sent via the There are approximately 195 Model Administration amends part 39 of the Internet using the following address: MD–11 and –11F airplanes of the Federal Aviation Regulations (14 CFR [email protected]. Questions or affected design in the worldwide fleet. part 39) as follows: comments sent via the Internet as The FAA estimates that 67 airplanes of attached electronic files must be U.S. registry will be affected by this AD, PART 39—AIRWORTHINESS formatted in Microsoft Word 97 for that it will take approximately 1 work DIRECTIVES Windows or ASCII text. hour per airplane to accomplish the SUPPLEMENTARY INFORMATION: A required actions, and that the average 1. The authority citation for part 39 proposal to amend part 39 of the Federal labor rate is $60 per work hour. continues to read as follows: Aviation Regulations (14 CFR part 39) to Required parts will be provided by Authority: 49 U.S.C. 106(g), 40113, 44701. include an airworthiness directive (AD) Rohr, Inc., at no cost to the operators. § 39.13 [Amended] that is applicable to certain McDonnell Based on these figures, the cost impact Douglas Model MD–11 and –11F of the AD on U.S. operators is estimated 2. Section 39.13 is amended by airplanes was published in the Federal to be $4,020, or $60 per airplane. adding the following new airworthiness Register on October 5, 2001 (66 FR The cost impact figure discussed directive: 50872). That action proposed to require above is based on assumptions that no 2002–14–14 McDonnell Douglas: installation of a new support bracket operator has yet accomplished any of Amendment 39–12814. Docket 2001– with a clamp and screw to support the the requirements of this AD action, and NM–159–AD. wire harness of the integrated drive that no operator would accomplish Applicability: Model MD–11 and –11F generator (IDG). those actions in the future if this AD airplanes equipped with General Electric tail were not adopted. The cost impact Comments engine buildup units (EBU), as listed in figures discussed in AD rulemaking Boeing Alert Service Bulletin MD11–24A095, Interested persons have been afforded actions represent only the time Revision 01, dated March 16, 2001; an opportunity to participate in the necessary to perform the specific actions certificated in any category. making of this amendment. Due actually required by the AD. These Note 1: This AD applies to each airplane consideration has been given to the figures typically do not include identified in the preceding applicability single comment received. incidental costs, such as the time provision, regardless of whether it has been modified, altered, or repaired in the area The commenter supports the required to gain access and close up, planning time, or time necessitated by subject to the requirements of this AD. For proposed AD. airplanes that have been modified, altered, or other administrative actions. Explanation of Change to Applicability repaired so that the performance of the Regulatory Impact requirements of this AD is affected, the The FAA finds that Model MD–11F owner/operator must request approval for an airplanes were not specifically The regulations adopted herein will alternative method of compliance in identified by model name in the not have a substantial direct effect on accordance with paragraph (b) of this AD. applicability of the proposed AD. the States, on the relationship between The request should include an assessment of However, those airplanes were the national Government and the States, the effect of the modification, alteration, or identified by manufacturer’s fuselage or on the distribution of power and repair on the unsafe condition addressed by responsibilities among the various this AD; and, if the unsafe condition has not numbers in the effectivity listing of been eliminated, the request should include Boeing Alert Service Bulletin MD11– levels of government. Therefore, it is specific proposed actions to address it. determined that this final rule does not 24A095, Revision 01, dated March 16, Compliance: Required as indicated, unless 2001, which was referenced in the have federalism implications under accomplished previously. applicability of the proposed AD. Executive Order 13132. To prevent chafing and arcing of the wire Therefore, we have revised this AD to For the reasons discussed above, I harness of the integrated drive generator specifically reference Model MD–11 and certify that this action (1) is not a (IDG) due to inadequate support, which –11F airplanes where appropriate. In ‘‘significant regulatory action’’ under could result in smoke and/or fire in the area addition, we have revised the Executive Order 12866; (2) is not a of the forward engine mount, accomplish the applicability of the existing AD to ‘‘significant rule’’ under DOT following: identify model designations as Regulatory Policies and Procedures (44 Installation of New Support Bracket published in the most recent type FR 11034, February 26, 1979); and (3) (a) Within 1 year after the effective date of certificate data sheet for the affected will not have a significant economic this AD, install a new support bracket with models and to specifically identify that impact, positive or negative, on a a clamp and screw to support the wire the affected airplanes are equipped with substantial number of small entities harness of the IDG, per Boeing Alert Service General Electric tail engine buildup under the criteria of the Regulatory Bulletin MD11–24A095, Revision 01, dated units (EBU). Flexibility Act. A final evaluation has March 16, 2001. been prepared for this action and it is Note 2: Accomplishment of the installation Conclusion contained in the Rules Docket. A copy per McDonnell Douglas Service Bulletin After careful review of the available of it may be obtained from the Rules MD11–24–095, dated January 29, 1996, data, including the comments noted Docket at the location provided under before the effective date of this AD, is considered acceptable for compliance with ADDRESSES. above, the FAA has determined that air the caption the requirements of paragraph (a) of this AD. safety and the public interest require the List of Subjects in 14 CFR Part 39 adoption of the rule with the changes Alternative Methods of Compliance previously described. The FAA has Air transportation, Aircraft, Aviation (b) An alternative method of compliance or determined that these changes will safety, Incorporation by reference, adjustment of the compliance time that neither increase the economic burden Safety. provides an acceptable level of safety may be
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used if approved by the Manager, Los SUMMARY: This amendment supersedes Management, Dept. C1–L5A (D800– Angeles Aircraft Certification Office (ACO), an existing airworthiness directive (AD), 0024). This information may be FAA. Operators shall submit their requests applicable to certain McDonnell examined at the FAA, Transport through an appropriate FAA Principal Douglas Model MD–11 series airplanes, Airplane Directorate, 1601 Lind Maintenance Inspector, who may add comments and then send it to the Manager, that currently requires an inspection of Avenue, SW., Renton, Washington; or at Los Angeles ACO. the powered drive unit power wires the FAA, Los Angeles Aircraft Note 3: Information concerning the within three feet of each affected Certification Office, 3960 Paramount existence of approved alternative methods of powered drive unit termination for Boulevard, Lakewood, California; or at compliance with this AD, if any, may be mechanical damage; and repair, if the Office of the Federal Register, 800 obtained from the Los Angeles ACO. necessary. That AD also currently North Capitol Street, NW., suite 700, requires revising the wire harnesses; Washington, DC. Special Flight Permits splicing any additional length wire; FOR FURTHER INFORMATION CONTACT: (c) Special flight permits may be issued in routing and installing parts; and Technical Information: Brett Portwood, accordance with sections 21.197 and 21.199 replacing the floor panels with new and Aerospace Engineer, Systems and of the Federal Aviation Regulations (14 CFR retained floor panels. This amendment Equipment Branch, ANM–130L, FAA, 21.197 and 21.199) to operate the airplane to revises the existing requirements by a location where the requirements of this AD Transport Airplane Directorate, Los can be accomplished. improving the routing of the wire Angeles Aircraft Certification Office, harnesses. This amendment is prompted 3960 Paramount Boulevard, Lakewood, Incorporation by Reference by the FAA’s determination that the California 90712–4137; telephone (562) (d) The installation shall be done in currently required modification does 627–5350; fax (562) 627–5210. accordance with Boeing Alert Service not adequately preclude the identified Other Information: Sandi Carli, Bulletin MD11–24A095, Revision 01, dated unsafe condition. The actions specified Airworthiness Directive Technical March 16, 2001. This incorporation by in this AD are intended to ensure that Writer/Editor; telephone (425) 687– reference was approved by the Director of the the powered roller pans are positioned Federal Register in accordance with 5 U.S.C. 4243, fax (425) 227–1232. Questions or 552(a) and 1 CFR part 51. Copies may be properly. Improperly positioned comments may also be sent via the obtained from Boeing Commercial Aircraft powered roller pans could pierce a Internet using the following address: Group, Long Beach Division, 3855 Lakewood powered roller wire harness and cause [email protected]. Questions or Boulevard, Long Beach, California 90846, sparking that could ignite adjacent comments sent via the Internet as Attention: Data and Service Management, insulation material, which could result attached electronic files must be Dept. C1–L5A (D800–0024). Copies may be in smoke and fire in the center cargo formatted in Microsoft Word 97 for inspected at the FAA, Transport Airplane compartment of the airplane. Windows or ASCII text. Directorate, 1601 Lind Avenue, SW., Renton, DATES: Effective August 5, 2002. Washington; or at the FAA, Los Angeles SUPPLEMENTARY INFORMATION: On July Aircraft Certification Office, 3960 Paramount The incorporation by reference of 14, 2000, the FAA issued AD 2000–14– Boulevard, Lakewood, California; or at the certain publications listed in the 18, amendment 39–11829 (65 FR 46199, Office of the Federal Register, 800 North regulations is approved by the Director July 27, 2000), applicable to certain Capitol Street, NW., suite 700, Washington, of the Federal Register as of August 5, McDonnell Douglas Model MD–11 DC. 2002. series airplanes, to require an inspection Effective Date Comments for inclusion in the Rules of the powered drive unit power wires Docket must be received on or before within three feet of each affected (e) This amendment becomes effective on September 17, 2002. August 23, 2002. powered drive unit (PDU) termination ADDRESSES: Submit comments in for mechanical damage; and repair, if Issued in Renton, Washington, on July 2, triplicate to the Federal Aviation necessary. That AD also requires 2002. Administration (FAA), Transport revising the wire harnesses; splicing any Jeffrey E. Duven, Airplane Directorate, ANM–114, additional length wire; routing and Acting Manager, Transport Airplane Attention: Rules Docket No. 2002–NM– installing parts; and replacing the floor Directorate, Aircraft Certification Service. 33–AD, 1601 Lind Avenue, SW., panels with new and retained floor [FR Doc. 02–17533 Filed 7–18–02; 8:45 am] Renton, Washington 98055–4056. panels. That action was prompted by an BILLING CODE 4910–13–P Comments may be inspected at this incident in which a fire occurred in the location between 9 a.m. and 3 p.m., center cargo compartment during Monday through Friday, except Federal loading. The actions required by that DEPARTMENT OF TRANSPORTATION holidays. Comments may be submitted AD are intended to ensure that the Federal Aviation Administration via fax to (425) 227–1232. Comments powered roller pans are positioned may also be sent via the Internet using properly. Improperly positioned 14 CFR Part 39 the following address: 9-anm- powered roller pans could pierce a [email protected]. Comments sent powered roller wire harness and cause [Docket No. 2002–NM–33–AD; Amendment via fax or the Internet must contain sparking that could ignite adjacent 39–12815; AD 2002–14–15] ‘‘Docket No. 2002–NM–33–AD’’ in the insulation material, which could result subject line and need not be submitted in smoke and fire in the center cargo RIN 2120–AA64 in triplicate. Comments sent via the compartment of the airplane. Internet as attached electronic files must Airworthiness Directives; McDonnell be formatted in Microsoft Word 97 for Actions Since Issuance of Previous Rule Douglas Model MD–11 and –11F Windows or ASCII text. Since the issuance of AD 2000–14–18, Airplanes The service information referenced in the FAA, in conjunction with Boeing, AGENCY: Federal Aviation this AD may be obtained from Boeing has determined that McDonnell Douglas Administration, DOT. Commercial Aircraft Group, Long Beach Service Bulletin MD11–25A227, dated Division, 3855 Lakewood Boulevard, January 27, 2000 (which is referenced in ACTION: Final rule; request for Long Beach, California 90846, AD 2000–14–18 as the appropriate comments. Attention: Data and Service source of service information) does not
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adequately specify procedures for this AD. Therefore, the future economic postcard will be date stamped and routing the wire harness for the position cost impact of this rule on U.S. returned to the commenter. 6L PDU through the sump bulkhead at operators may be less than the cost Regulatory Impact station 1761.00. Therefore, the impact figure indicated above. requirements of that AD do not The regulations adopted herein will Determination of Rule’s Effective Date adequately preclude the identified not have a substantial direct effect on unsafe condition. Since this AD action does not affect the States, on the relationship between any airplane that is currently on the the national Government and the States, Explanation of New Service U.S. register, it has no adverse economic or on the distribution of power and Information impact and imposes no additional responsibilities among the various We have reviewed and approved burden on any person. Therefore, prior levels of government. Therefore, it is Revision 01 of McDonnell Douglas Alert notice and public procedures hereon are determined that this final rule does not Service Bulletin MD11–25A227, dated unnecessary and the amendment may be have federalism implications under October 31, 2001, which provides new made effective in less than 30 days after Executive Order 13132. instructions for routing the wire harness publication in the Federal Register. For the reasons discussed above, I for the position 6L PDU through the certify that this action (1) is not a Comments Invited sump bulkhead at station 1761.00. ‘‘significant regulatory action’’ under Accomplishment of the actions Although this action is in the form of Executive Order 12866; (2) is not a specified in the service bulletin is a final rule and was not preceded by ‘‘significant rule’’ under DOT intended to adequately address the notice and opportunity for public Regulatory Policies and Procedures (44 identified unsafe condition. comment, comments are invited on this FR 11034, February 26, 1979); and (3) rule. Interested persons are invited to will not have a significant economic Explanation of AD Applicability comment on this rule by submitting impact, positive or negative, on a We have specified model designations such written data, views, or arguments substantial number of small entities in the applicability of this proposed AD as they may desire. Communications under the criteria of the Regulatory as published in the most recent type shall identify the Rules Docket number Flexibility Act. A final evaluation has certificate data sheet for the affected and be submitted in triplicate to the been prepared for this action and it is models. These model designations differ address specified under the caption contained in the Rules Docket. A copy in the referenced service bulletin. ADDRESSES. All communications of it may be obtained from the Rules received on or before the closing date Docket at the location provided under Explanation of Requirements of Rule for comments will be considered, and the caption ADDRESSES. Since an unsafe condition has been this rule may be amended in light of the List of Subjects in 14 CFR Part 39 identified that is likely to exist or comments received. Factual information develop on other airplanes of this same that supports the commenter’s ideas and Air transportation, Aircraft, Aviation type design, this AD supersedes AD suggestions is extremely helpful in safety, Incorporation by reference, 2000–14–18 to require accomplishment evaluating the effectiveness of the AD Safety. of the actions specified in the service action and determining whether Adoption of the Amendment bulletin described previously. additional rulemaking action would be Accordingly, pursuant to the Cost Impact needed. Submit comments using the following authority delegated to me by the None of the Model MD–11 and –11F format: Administrator, the Federal Aviation airplanes affected by this action are on • Organize comments issue-by-issue. Administration amends part 39 of the the U.S. Register. All airplanes included For example, discuss a request to Federal Aviation Regulations (14 CFR in the applicability of this rule currently change the compliance time and a part 39) as follows: are operated by non-U.S. operators request to change the service bulletin PART 39—AIRWORTHINESS under foreign registry; therefore, they reference as two separate issues. are not directly affected by this AD • For each issue, state what specific DIRECTIVES action. However, the FAA considers that change to the AD is being requested. 1. The authority citation for part 39 this rule is necessary to ensure that the • Include justification (e.g., reasons or continues to read as follows: unsafe condition is addressed in the data) for each request. event that any of these subject airplanes Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40113, 44701. are imported and placed on the U.S. the overall regulatory, economic, § 39.13 [Amended] environmental, and energy aspects of Register in the future. 2. Section 39.13 is amended by Should an affected airplane be the rule that might suggest a need to removing amendment 39–11829 (65 FR imported and placed on the U.S. modify the rule. All comments 46199, July 27, 2000), and by adding a Register in the future, it would require submitted will be available, both before new airworthiness directive (AD), between 2 and 3 work hours (depending and after the closing date for comments, amendment 39–12815, to read as on the configuration of the airplane) to in the Rules Docket for examination by follows: accomplish the required actions, at an interested persons. A report that average labor rate of $60 per work hour. summarizes each FAA-public contact 2002–14–15 McDonnell Douglas: Parts would be supplied by the concerned with the substance of this AD Amendment 39–12815. Docket 2002– manufacturer at no cost to the operators. NM–33–AD. Supersedes AD 2000–14– will be filed in the Rules Docket. 18, Amendment 39–11829. Based on these figures, the cost impact Commenters wishing the FAA to Applicability: Model MD–11 and –11F of this AD would be between $120 and acknowledge receipt of their comments airplanes, as listed in McDonnell Douglas $180 per airplane. However, the FAA submitted in response to this rule must Alert Service Bulletin MD11–25A227, has been advised that manufacturer submit a self-addressed, stamped Revision 01, dated October 31, 2001; warranty remedies are available for postcard on which the following certificated in any category. labor costs associated with statement is made: ‘‘Comments to Note 1: This AD applies to each airplane accomplishing the actions required by Docket Number 2002–NM–33–AD.’’ The identified in the preceding applicability
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provision, regardless of whether it has been touching distance unless otherwise specified. of the Federal Aviation Regulations (14 CFR modified, altered, or repaired in the area A mirror may be necessary to enhance visual 21.197 and 21.199) to operate the airplane to subject to the requirements of this AD. For access to all exposed surfaces in the a location where the requirements of this AD airplanes that have been modified, altered, or inspection area. This level of inspection is can be accomplished. repaired so that the performance of the made under normally available lighting requirements of this AD is affected, the conditions such as daylight, hangar lighting, Incorporation by Reference owner/operator must request approval for an flashlight, or droplight and may require (d) The actions shall be done in accordance alternative method of compliance in removal or opening of access panels or doors. with McDonnell Douglas Alert Service accordance with paragraph (b) of this AD. Stands, ladders, or platforms may be required Bulletin MD11–25A227, Revision 01, dated The request should include an assessment of to gain proximity to the area being checked.’’ October 31, 2001. This incorporation by the effect of the modification, alteration, or repair on the unsafe condition addressed by Revise Wire Harnesses, Splice Wire, and reference was approved by the Director of the this AD; and, if the unsafe condition has not Route and Install Parts Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be been eliminated, the request should include (2) Revise the wire harnesses, splice any specific proposed actions to address it. additional length wire, and route and install obtained from Boeing Commercial Aircraft Compliance: Required as indicated, unless parts. Group, Long Beach Division, 3855 Lakewood accomplished previously. Boulevard, Long Beach, California 90846, Replacement To ensure that the powered roller pans are Attention: Data and Service Management, positioned properly, accomplish the (3) Replace the floor panels with new and Dept. C1–L5A (D800–0024). Copies may be following: retained floor panels. inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, (a) Within 18 months after the effective Alternative Methods of Compliance date of this AD, accomplish the actions Washington; or at the FAA, Los Angeles specified in paragraphs (a)(1), (a)(2), and (b) An alternative method of compliance or Aircraft Certification Office, 3960 Paramount (a)(3) of this AD per McDonnell Douglas adjustment of the compliance time that Boulevard, Lakewood, California; or at the provides an acceptable level of safety may be Alert Service Bulletin MD11–25A227, Office of the Federal Register, 800 North used if approved by the Manager, Los Revision 01, dated October 31, 2001. Capitol Street, NW., suite 700, Washington, Angeles Aircraft Certification Office (ACO), Inspection FAA. Operators shall submit their requests DC. (1) Perform a general visual inspection of through an appropriate FAA Principal Effective Date the powered drive unit power wires within Maintenance Inspector, who may add (e) This amendment becomes effective on three feet of each affected powered drive unit comments and then send it to the Manager, termination for mechanical damage. If any Los Angeles ACO. August 5, 2002. damaged wire is detected, before further Note 3: Information concerning the Issued in Renton, Washington, on July 2, flight, repair the damaged wire. existence of approved alternative methods of 2002. Note 2: For the purposes of this AD, a compliance with this AD, if any, may be Jeffrey E. Duven, general visual inspection is defined as: ‘‘A obtained from the Los Angeles ACO. Acting Manager, Transport Airplane visual examination of an interior or exterior Directorate, Aircraft Certification Service. area, installation, or assembly to detect Special Flight Permits obvious damage, failure, or irregularity. This (c) Special flight permits may be issued in [FR Doc. 02–17525 Filed 7–18–02; 8:45 am] level of inspection is made from within accordance with sections 21.197 and 21.199 BILLING CODE 4910–13–P
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Part III
Department of Justice Office of Juvenile Justice and Delinquency Prevention
Program Announcment for the National Training and Technical Assistance Program for Tribal Youth Grantees, American Indian Tribes, and Alaska Native Communities; Notice
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DEPARTMENT OF JUSTICE solicitation closing date, applicants are tribal communities). The Tribal Training encouraged to use a traceable shipping and Technical Assistance Program is Office of Juvenile Justice and method. Faxed or e-mailed applications designed to help tribal communities Delinquency Prevention will not be accepted. Postmark dates develop comprehensive, systemic [OJP (OJJDP)–1360] will not be accepted as proof of meeting approaches to reducing juvenile the deadline. Applications received delinquency, violence, and child Program Announcement for the after September 3, 2002, will be deemed victimization and to increasing the National Training and Technical late and may not be accepted. The safety of tribal communities. Assistance Program for Tribal Youth closing date and time apply to all Background Program Grantees, American Indian applications. To ensure prompt Tribes, and Alaska Native delivery, please adhere to the following Although, in general, U.S. crime rates Communities guidelines: have been decreasing, self-reported data Applications sent by U.S. mail: Use from crime victims indicate that the 1.9 AGENCY: Office of Juvenile Justice and registered mail to send applications to million American Indians living in the Delinquency Prevention, Office of the following address: Office of Juvenile United States are victims of violent Justice Programs, Justice. Justice and Delinquency Prevention, crime at more than twice the rate of 1 ACTION: Notice of solicitation. c/o Juvenile Justice Resource Center, other U.S. residents. In recent years, as 2277 Research Boulevard, Mail Stop 2K, the American Indian population has SUMMARY: The Office of Juvenile Justice expanded, youth violence in tribal and Delinquency Prevention (OJJDP) is Rockville, MD 20850. In the lower left- hand corner of the envelope, clearly communities has grown. Of particular requesting applications for the National concern to American Indian tribes and Training and Technical Assistance write ‘‘Tribal Training and Technical Assistance Program.’’ OJJDP is the increasing number of Program for Tribal Youth Program violent crimes committed by juveniles Grantees, American Indian Tribes, and Applications sent by overnight delivery service: Allow at least 48 hours in tribal communities, and research Alaska Native Communities. The shows that this concern is warranted. recipient of this award will provide for delivery. Send applications to the following address: Office of Juvenile For example, the Bureau of Justice training and technical assistance to Statistics has reported the following enhance the capacity of Tribal Youth Justice and Delinquency Prevention, c/o Juvenile Justice Resource Center, findings: Program grantees and American Indian • In more than two-thirds of cases and Alaska Native communities to 2277 Research Boulevard, Mail Stop 2K, Rockville, MD 20850; 800–638–8736 involving family violence, the assailant develop and implement comprehensive 2 (phone number required by some was under the influence of alcohol. systemwide approaches that prevent, • According to 1995 data, there was carriers). In the lower left-hand corner reduce, and control juvenile approximately 1 substantiated report of of the envelope, clearly write ‘‘Tribal delinquency, thereby increasing the child abuse or neglect for every 30 Training and Technical Assistance overall safety of tribal communities. American Indian children age 14 or Program.’’ DATES: Applications must be received younger. For all races, the rate was Applications delivered by hand: by September 3, 2002. approximately 1 report of abuse for Deliver by September 3, 2002, to the Application Kit: Interested applicants every 58 children. Juvenile Justice Resource Center, 2277 can obtain the OJJDP Application Kit by • For alcohol-related offenses, Research Boulevard, Rockville, MD calling the Juvenile Justice including driving under the influence, 20850; 301–519–5535. Hand deliveries Clearinghouse at 800–638–8736, by liquor law violations, and public will be accepted daily between 8:30 a.m. sending an e-mail request to drunkenness, the arrest rate for and 5 p.m., ET, excluding Saturdays, [email protected], or through fax-on- American Indians was more than double Sundays, and Federal holidays. demand. (For fax-on-demand, call 800– that for all other races.3 638–8736, select option 1, then select Entrance to the resource center requires • American Indians younger than 18 option 2 and enter the following four- proper photo identification. were incarcerated for alcohol-related digit numbers: 9119, 9120, 9121, and FOR FURTHER INFORMATION, CONTACT: offenses at twice the national rate.4 9122. Application kits will be faxed in Jayme S. Marshall, Training and • Between 1996 and 2001, the four sections because of the number of Technical Assistance Division, Office of number of American Indian inmates in pages.) The Application Kit is also Juvenile Justice and Delinquency the custody of the Bureau of Prisons available online at www.ncjrs.org/ Prevention, 202–616–7614. (This is not increased 84 percent (from 1,276 to pdffiles1/ojjdp/s1000480.pdf. a toll-free number.) 2,348 inmates). During that same time, Delivery Instructions: All applicants SUPPLEMENTARY INFORMATION: the number of American Indian must submit the original application juveniles in Federal custody increased Purpose (signed in blue ink) and five copies. 82 percent (from 103 to 187 inmates). Applications should be unbound and The purpose of the National Training American Indian tribes and Alaska fastened by a binder clip in the top left- and Technical Assistance Program for Native communities need hand corner. (See ‘‘Delivery Tribal Youth Program Grantees, comprehensive approaches to prevent Instructions’’ below for additional American Indian Tribes, and Alaska juvenile delinquency and to improve information.) Native Communities (hereafter referred tribal juvenile justice systems. With this OJJDP strongly recommends that to as the Tribal Training and Technical goal in mind, OJJDP is supporting applicants number each page of the Assistance Program) is to provide innovative programs, creative strategies, application. To ensure that applications training and technical assistance to the are received by the due date, applicants grantees of the Office of Juvenile Justice 1 Greenfeld, L.A., and Smith, S. 1999. American should use a mail service that and Delinquency Prevention’s (OJJDP’s) Indians and Crime. Washington, DC: U.S. Department of Justice, Office of Justice Programs, documents the date of receipt. Because Tribal Youth Program (TYP); American Bureau of Justice Statistics. OJJDP anticipates sending applicants Indian tribes, as defined in 25 U.S.C. 2 Id. at 10. written notification of application 450(b)e; and Alaska Native communities 3 Id. at vii. receipt approximately 4 weeks after the (hereafter collectively referred to as 4 Id. at 25.
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and culturally appropriate programming a reservation to 10,000 or more communities related to juvenile justice to assist tribal youth and their families. residents. and delinquency prevention and to Another OJJDP initiative that assists recommend a delivery strategy to OJJDP. Authorization of Appropriations tribal communities is the • To develop, implement, and OJJDP is authorized to fund the Tribal Comprehensive Indian Resources for enhance training, technical assistance, Training and Technical Assistance Community and Law Enforcement and evaluation materials and activities. Program through the FY 2002 (CIRCLE) Program. Through CIRCLE, • To provide technical assistance to Commerce, Justice, and State OJJDP provides financial support and TYP grantees and American Indian and Appropriations Act, Pub. L. 107–77, technical assistance to participating Alaska Native communities that builds which appropriated $472 million to tribal governments (the Oglala Sioux their capacity to assess tribal needs, support and enhance tribal efforts to Tribe, the Northern Cheyenne Tribe, conduct strategic planning, implement prevent and control delinquency and to and the Pueblo of Zuni) for juvenile appropriate programs, and evaluate improve the juvenile justice system for delinquency prevention and control program effectiveness. tribal youth. Of the $472 million programs; crime prevention efforts; • To provide tribes with local and appropriated, $1.25 million will support victim services; effective community regional training that will enhance their program-related research, evaluation, policing services; criminal investigation; knowledge and skills. • and statistics; $250,000 will provide prosecutorial, tribal court, and To create and maintain a Web- training and technical assistance to probation services; and detention and based, technical assistance system tribal programs; $8 million will be used alternative sentencing programs. Tribes capable of managing all aspects of a for discretionary grants; $1 million will also have been active in other OJJDP state-of-the-art technical assistance and fund programs that support the TYP initiatives, including the Juvenile training program. • Mental Health Initiative; and the Mentoring Program, Safe Schools/ To develop guidance documents remaining funds will be used to Healthy Students, and the Enforcing the and products that support the capacity enhance other tribal efforts and TYP Underage Drinking Laws Program. building of TYP grantees and American support. An additional $550,000 of Part In addition, OJJDP has funded a Indian and Alaska Native communities. number of other innovative solutions to C Discretionary Funds will supplement Performance Measurement the $250,000 for the general technical combat juvenile delinquency and crime and training assistance budget to ensure in Indian Country. Varied in design, To ensure compliance with the that American Indian tribes other than these culturally based programs provide Government Performance and Results TYP grantees have access to and receive interventions for court-involved youth Act (GPRA), Pub. L. 103–62, this services that address comprehensive and their families, improve tribal justice solicitation notifies applicants that they delinquency prevention and control for systems, and provide prevention are required to collect and report on juvenile justice system improvement. programs that focus on alcohol and data that measure the results of the other drugs. program implemented by this grant. To Tribal Youth Program and Other Initially funded in fiscal year (FY) ensure the accountability of this data Juvenile Justice Activities in Indian 1998, the Tribal Youth Training and (for which the Office of Justice Programs Country Technical Assistance Program provides [OJP] is responsible), the following performance measures are provided. OJJDP supports several programs that services to TYP grantees and other tribal The grantee will report on the number help tribal communities address communities. During the program’s first of training and technical assistance juvenile crime. TYP funds enable tribal 4 years of operation, requests for deliveries provided to tribes that are communities to develop programs that training and technical assistance implementing programs within the prevent and control juvenile steadily increased, to over 120 requests in 2001. The programmatic areas that following categories: delinquency, reduce violent crime, and • Category I: To reduce, control, and improve tribal juvenile justice systems. generated the most requests were juvenile justice system improvement, prevent crime and other delinquent acts TYP grant recipients, who receive funds committed by and against tribal youth. directly from OJJDP, and are required to substance abuse prevention, reentry programs, family strengthening, conflict • Category II: To provide use their grant funds to implement interventions for court-involved tribal programs within one or more of the five resolution, indigenous justice, gang prevention, and delinquency youth. categories that are listed under • prevention. Category III: To improve tribal ‘‘Performance Measurement.’’ juvenile justice systems. OJJDP encourages TYP grantees to Goal • Category IV: To provide prevention design culturally based programs and to The goal of the Tribal Training and programs that focus on alcohol and incorporate traditional practices, where Technical Assistance Program is to drugs. appropriate. When designing juvenile enhance the capacity of TYP grantees • Category V: To address the need for delinquency prevention, intervention, and American Indian and Alaska Native comprehensive mental health services and system improvement activities, communities to develop and implement for American Indian and Alaska Native grantees are asked to consider the roles comprehensive systemwide approaches youth. of children, parents, and elders in their that prevent, reduce, and control In addition, the grantee will be communities. OJJDP also recommends juvenile delinquency, thereby responsible for: that grantees involve tribal youth when increasing the overall safety of tribal 1. The annual number of onsite planning and implementing program communities. training sessions delivered to tribes. activities. Because each tribe is unique, 2. The annual number of technical TYP grantees differ in their approaches, Objectives assistance deliveries provided to tribes. needs, and regional perspectives (e.g., The objectives of this training and 3. A specific number of products (e.g., rural, rural remote, or urban). Grantees technical assistance program are as handbooks, publications, toolkits) also vary by the size of their service follows: developed to enhance and/or transfer populations, which range from 2,000 or • To assess the national training and knowledge to and build the capacity of fewer individuals who reside on or near technical assistance needs of tribal tribes by identifying best practices for
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the field. The grantee will be American Indian tribes,5 approximately In every case, training and technical responsible for tracking these products. half of which operate and manage their assistance services must be provided in Should program expansion or a own juvenile justice systems. Other a culturally sensitive manner by formal evaluation be undertaken in the tribes may address juvenile justice and individuals who understand and future, performance data collected will child welfare matters through appreciate tribal history and customs, recognize the importance of indigenous provide crucial baseline information arrangements with other tribal, county, and/or State juvenile justice systems, justice systems, and understand juvenile regarding the efforts of the Tribal especially in jurisdictions governed by justice issues. Given the various needs Training and Technical Assistance Pub. L. 83–280.6 OJJDP expects the of, and services available in, tribal Program. Assistance in obtaining this technical assistance provider to communities, the provider must be information will facilitate future understand the importance and knowledgeable about a breadth of program planning and will allow OJP to complexities of tribal culture and topics, including legal and social issues provide Congress with measurable indigenous justice systems and to and promising programs that have program results of federally funded recognize that American Indian and proven effective with tribal youth. programs. Alaska Native communities may operate Successful applicants will be expected Program Strategy under very different systems of justice. to build on the previous For example, some tribes may have their accomplishments and activities of the OJJDP will competitively select an own juvenile justice systems, whereas program and to institute a seamless organization to implement the Tribal others may operate through local, transition. To ensure that quality Training and Technical Assistance county, or State systems. The training services will be delivered to the greatest Program. A cooperative agreement will and technical assistance provider will possible number of TYP grantees and be awarded for a 4-year program period. often collaborate with several agencies American Indian and Alaska Native Applicants must demonstrate (1) the to coordinate their efforts to address the communities, OJJDP intends to select a ability to develop and direct an OJJDP- needs of tribal communities. training and technical assistance based training and technical assistance As an additional challenge, many provider that has the knowledge and program; (2) expertise in juvenile tribal communities are geographically skills necessary to maximize the impact justice; (3) a working knowledge of isolated, and some can only be reached of the program. by unconventional methods of Federal, State, tribal, and local relations; Deliverables (4) an understanding of how tribal transportation. It is not uncommon, for governments relate to juveniles; (5) a example, to find tribal communities in In addition to the strategy and content working knowledge of law enforcement Alaska that are accessible only by of the program design, the following and tribal justice systems; and (6) an snowmobile, boat, or amphibious plane. deliverables must be completed during understanding of and sensitivity to the Some tribal communities, even though year 1. Subsequent deliverables will be complexities of tribal culture and they are located within the contiguous developed annually according to need indigenous justice systems. Successful United States, can only be reached by and funding ability. driving several hundred miles on applicants must have substantial Year 1 experience in producing, modifying, unpaved roads. Geographic isolation affects the level of services that are • Develop a transition work plan that and/or updating a wide range of needed, such as access to information describes how data, materials, and practical resource materials and and technology. Tribes located near processes from the current service curriculums. Also required is towns or urban areas are more likely to provider will be incorporated into the experience in assessing personnel and have access to current information and new program approach, including the organizational training needs and in technology. Tribal officials in these collaboration and interface needed providing onsite technical assistance to areas also may find it easier to network during the startup phase. address issues described in this with other tribal and juvenile justice • Develop a national needs solicitation. practitioners. assessment of federally recognized The Tribal Training and Technical Training and technical assistance tribes using multiple approaches and Assistance Program will provide needs vary considerably by tribe. Some translate the findings into a report services to support the development, tribes have been actively involved in entitled Tribal Technical Assistance planning, and implementation of delinquency prevention efforts and need Needs: Recommended Response By innovative solutions that address assistance in improving their programs, Program Year. juvenile delinquency in Indian Country. whereas others are just beginning to • Develop a strategic plan (including Through this program, TYP grantees and address juvenile crime and need help timelines, performance measures, and American Indian and Alaska Native starting the process to reform or develop benchmarks for measuring internal communities will be able to receive their juvenile justice systems. In many progress) that specifies which activities assistance to develop or enhance their tribal communities, access to will be conducted to achieve the juvenile justice systems. This broad educational opportunities is limited; program goals and objectives. • scope will enable the training and community members often need basic Develop a program marketing plan technical assistance provider to offer training in report writing, grant writing, that outlines the development of services to federally recognized tribes and program, project, and financial products and materials that will inform and tribal communities that are seeking management. TYP grantees and American Indian and to improve juvenile delinquency Alaska Native communities of the prevention programs or other juvenile 5 A complete list of the federally recognized tribes available training and technical justice services. will be published in an upcoming issue of the assistance services. Federal Register. • Develop training, technical For many reasons, providing training 6 In States governed by 18 U.S.C. 1162 (Pub. L. assistance, and evaluation protocols and technical assistance to tribal 280), such as California and Alaska, baseline law based on the OJJDP Core Performance communities can be challenging. As of enforcement services are provided by the State, and American Indian tribes have concurrent authority Standards to ensure consistency and 2002, there are 562 federally recognized over crimes by American Indians. quality of service delivery. These
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standards present the minimum elements that is capable of producing a submission guidelines regarding page expectations that must be met for wide array of special reports. length, layout, and deadlines. effective practice in the planning, • Collect, study, review, and analyze Selection Criteria delivery, and evaluation of training and the broad range of data and information technical assistance. This resource and obtained through this program, Applicants will be evaluated and others are available through OJJDP’s including grantee materials, site visit rated by a peer review panel according National Training and Technical reports, technical assistance plans, to the criteria outlined below. Based on Assistance Center (www.nttac.org). technical assistance delivery reports, the highest scoring proposals, OJJDP • Develop a Web-based training and and proceedings of meetings and may conduct onsite interviews with up technical assistance tracking system that conferences. to five applicants. • reports all technical assistance services Coordinate with OJJDP to enhance Problem(s) To Be Addressed (15 points) (i.e., offsite, onsite, multitribe) and and update the current TYP Web site to Applicants must clearly demonstrate includes online request functions, include distance learning and training an understanding of training and approval status, dates, locations, technologies. • technical assistance issues, the needs of consultant selections, estimated costs, Expand and update the listserv to tribal communities, and the issues evaluation data, curriculums, and maintain a system of monthly relevant to tribal juvenile justice reports. communications with tribes on current • issues, funding possibilities, current systems. Applicants must have a Deliver a minimum of 200 working working knowledge of tribal government days of onsite technical assistance in research, and relevant information. • Develop a directory of training and functions and law enforcement and response to site visit findings, grantee tribal justice systems. In particular, work plans, and direct requests made by technical assistance experts who possess a variety of skills and abilities applicants must demonstrate an tribes. (Note: A working day is defined understanding of juvenile delinquency as 6 hours of service.) that are relevant to the tribal issues • identified in the needs assessment. The in American Indian and Alaska Native Deliver a minimum of 300 working communities and of the socioeconomic days of offsite technical assistance, experts used by the previous provider should be incorporated into the conditions that tribes face when including written, verbal, and electronic responding to the needs of juveniles and information and disseminated materials, directory. • Conduct a 2-day training of trainers, their families. Applicants must also as required. yielding a minimum of 25 experts, for demonstrate an understanding of the • Deliver a minimum of 100 working delivering training and technical importance of race and culture in days of multitribal technical assistance assistance services under this program. administering justice-related services activities that involve the participation The training will cover policies, and programs. Applicants must be of clusters of tribes and others in procedures, reporting, reimbursements, cognizant of intertribal relationships information dissemination and sharing. cultural considerations, and specific and must address the issues associated • Conduct 2 focus groups on topics to content areas. (Note: Expenses for with providing technical assistance to be determined for a minimum of 20 participant travel will be paid out of the American Indian tribes and Alaska participants. (Note: Expenses for service provider’s budget.) Native communities whose boundaries participant travel will be paid out of the • Analyze the training and technical encompass multiple jurisdictions service provider’s budget.) involving local, county, State, and • assistance services and the evaluation Develop a minimum of four results to prepare an annual report that Federal governments. Applicants must guidance documents or products about recommends and prioritizes training demonstrate an understanding of tribal- current issues, lessons learned from and technical assistance services for local, State-local, and tribal-Federal other tribes, current research, and other year 2 and highlights unmet needs. relationships. Applicants must also information that may help tribes Applicants are encouraged to be demonstrate their understanding of the improve their juvenile justice and realistic in estimating the cost of implications of sovereignty. delinquency prevention programs and deliverables and in detailing the Goals and Objectives (15 points) systems. implementation schedule. Applicants • Develop marketing and also are encouraged to be innovative; Applicants must provide succinct informational materials about program OJJDP expects applicants to propose statements that demonstrate how the services and events for distribution to alternative approaches to the delivery of goals and objectives of the program will TYP grantees and American Indian and training and technical assistance to be addressed. The overall goal(s) of the Alaska Native communities. maximize resources. program must be clearly defined and • Provide logistical support, linked to the problems and needs of the including expertise for the planning, Eligibility Requirements target population (as described above in implementation, and evaluation of an OJJDP invites applications from the ‘‘Problems To Be Addressed’’ orientation conference for new grantees public and private agencies, section). The objectives must be clearly (a minimum of 80 participants). organizations, institutions, and defined, measurable, obtainable, and • Provide logistical support, individuals experienced in training and described for each year of the 4-year including expertise for the planning, technical assistance efforts. Private, for- program period. They should include implementation, and evaluation of 3 profit organizations must agree to waive quantifiable activities to ensure that cluster meetings for TYP grantees (a any profit or fee. Joint applications from applicants will meet the program goals. minimum of 40 TYP grant participants two or more eligible applicants are Applicants must submit plans for per meeting). welcome; however, one applicant must tracking and measuring their annual • Conduct a minimum of four 2-day be clearly designated as the primary progress toward meeting each goal and regional trainings on high-need topics applicant (for correspondence, award, objective. Special attention must be paid for a minimum of 50 participants per and management purposes) and the to the Performance Measurement site. others designated as co-applicants. section. A detailed discussion of how • Develop a database of tribal To be eligible for consideration, outcome measures will be achieved is program profiles and program data applicants must strictly adhere to the expected.
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Program Design (30 points) technical assistance systems, juvenile Clearinghouse (JJC) (800–638–8736) or Applicants must present a program justice and tribal issues, and other online at www.ncjrs.org/pdffiles1/ojjdp/ content areas relevant to the needs of s1000480.pdf. design that is specific and constitutes an • effective approach to meeting the goals this effort. Staff must have experience Each application must include a and objectives of the program. The working with diverse tribes and be able program summary that does not exceed design must include a detailed work to demonstrate sensitivity to variations 500 words. • Each application must include a plan that describes specific tasks, in cultural characteristics. Personnel working on an OJJDP- complete program narrative that does procedures, timelines, milestones, and funded program must adhere to the not exceed 40 pages, including charts, products to be completed. The design requirements of the Office of Justice diagrams, and tables. The narrative must indicate how program objectives Program’s Financial Guide, which should include applicants’ response to will be met, how deliverables will be contains the requirements that all the following selection criteria: Problem produced, and how both will be grantees must adhere to when using To Be Addressed, Goals and Objectives, measured. The work plan should also Federal funds. Applicants are expected Program Design, and Management and include a cohesive, well-developed plan to discuss their understanding of Organizational Capability. for providing information, products, and chapter 3, ‘‘Conflicts of Interest,’’ and • Each application must include a other materials to key players in the how they will ensure their compliance complete budget and accompanying initiative, which include TYP grantees with its requirements. budget justification. Applicants may and federally recognized tribes. The Applicants must describe their choose to provide their own budget design must provide protocols for organizational capability, including (1) a worksheet and justification, or they may assessing training and technical description of how the organization will use the worksheets provided in the assistance needs and protocols to be manage an OJJDP training and technical Application Kit. used in the delivery and evaluation of assistance program, (2) an established Applicants must include appendixes services. history of delivering training and A—a program activity timeline; B—an Applicants should include technical assistance at a national level, organizational chart; C—re´sume´s of key background data that justify the program (3) a demonstrated capability to produce staff; and D—a capabilities statement. design and implementation plan and within a short timeframe a range of Applications that do not include these describe a cohesive, well-thought-out general and specific user-friendly and appendixes will be disqualified. plan for effectively providing professional technical resource Applicants may include additional knowledge and best practices to TYP materials, and (4) a discussion of past appendixes for other supporting grantees and American Indian tribes and performance working with tribes and materials. Alaska Native communities. An any other involvement that The program summary and program application will be deemed competitive 1 demonstrates management capabilities. narrative must be submitted on 8 ⁄2-by if it clearly identifies obstacles to 11-inch paper, double spaced, and Budget (15 points) achieving expected results and printed in a 12-point font on one side discusses plans for overcoming those Applicants must provide a proposed of the page, with 1-inch margins on all impediments. In the interest of cost- budget that is complete, detailed, sides. All text must be double spaced, effectiveness, OJJDP will consider reasonable, and cost effective in relation including lists and bullets. Tables do recommendations for modifying and to the activities to be undertaken. not need to be double spaced, but they enhancing the products and services to Applicants must budget clearly for must be printed in a 12-point font and be delivered. When such curriculum design and development, follow the 1-inch margin requirements. recommendations are made, training and technical assistance These requirements are necessary to justification and alternatives should be offerings, and other costs associated maintain fair and uniform standards proposed. with this program. Expenses for among all applicants. If the narrative Management and Organizational planning regional workshops and for does not conform to these standards, Capability (25 points) preparing related tangible training and OJJDP will deem the application technical assistance resources to ineligible for consideration. Applicants must describe an support the tasks of this program (e.g., organizational framework, a managerial writing, editing, printing, and mailing Award Period structure, and a staffing approach that curriculums and regional training This program will be funded as a have the capacity to work effectively announcements, registration materials, cooperative agreement for 48 months in with tribes. Applicants must brochures, etc.) should be included in four 12-month budget periods. Funding demonstrate their production and the budget. Expenses for participants after the initial budget period will computer capabilities and describe how attending training and technical depend on grantee performance, they (applicants) will meet the assistance events will only be paid availability of funds, and other criteria requirements for producing the required where indicated in the deliverables. established at the time of the initial guides and curriculums and for award. reproducing program materials. Format Applicants must describe their The application must contain the Award Amount knowledge of juvenile justice practices following parts: (1) The application, (2) Up to $800,000 is available to support and their past involvement in working program summary, (3) program the award of a cooperative agreement to with tribes. A consultant pool of experts narrative, (4) budget and budget a single provider for the initial 12- must be included with the re´sume´s of justification, and (5) appendixes. Each month budget period. staff. Assurances that these individuals section should conform to the following will be available when the grant is specifications: Catalog of Federal Domestic Assistance awarded must be given. Re´sume´s must • The application must include all (CFDA) Number reflect significant experience and necessary forms provided in OJJDP’s For this program, the CFDA number, expertise in curriculum design, the Application Kit, which is available which is required on Standard Form development of national training and through the Juvenile Justice 424, Application for Federal Assistance,
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is 16.731. This form is included in items (1) and (2) with the funding evaluation) to the program or program OJJDP’s Application Kit, which can be sought by this application. For each described in the application. obtained by calling JJC at 800–638–8736 Federal award, applicants must include Due Date or by sending an e-mail request to the program or program title, the [email protected]. The Application Kit Federal grantor agency, the amount of Applicants are responsible for is also available online at the award, and a brief description of its ensuring that the original and five www.ncjrs.org/pdffiles1/ojjdp/ purpose. ‘‘Related efforts’’ is defined for copies of the application package are s1000480.pdf. these purposes as one of the following: received by 5 p.m. ET on September 3, • Efforts for the same purpose (i.e., 2002. Coordination of Federal Efforts the proposed award would supplement, Contact To encourage better coordination expand, complement, or continue For further information, contact Jayme among Federal agencies in addressing activities funded with other Federal S. Marshall, Program Manager, Training State and local needs, the U.S. grants). and Technical Assistance Division, Department of Justice is requesting • Another phase or component of the OJJDP, 202–616–7614, or send an e-mail same program or program (e.g., to applicants to provide information on the inquiry to [email protected]. following: (1) Active Federal grant implement a planning effort funded by award(s) supporting this or related other Federal funds or to provide a Dated: July 12, 2002. efforts, including awards from the U.S. substance abuse treatment or education J. Robert Flores, Department of Justice; (2) any pending component within a criminal justice Administrator, Office of Juvenile Justice and application(s) for Federal funds for this program). Delinquency Prevention. or related efforts; and (3) plans for • Services of some kind (e.g., [FR Doc. 02–18205 Filed 7–18–02; 8:45 am] coordinating any funds described in technical assistance, research, or BILLING CODE 4410–18–P
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Part IV
Department of Justice Office of Juvenile Justice and Delinquency Prevention
Program Announcement for Multisystem Decisionmaking Training and Technical Assistance Project; Notice
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DEPARTMENT OF JUSTICE should use a mail service that services and systems for agencies documents the date of receipt. Because serving children exposed to violence Office of Juvenile Justice and OJJDP anticipates sending applicants and their families. The key agencies Delinquency Prevention written notification of application supported in this model are those [OJP(OJJDP)–1359] receipt approximately 4 weeks after the systems that work with children who solicitation closing date, applicants are have been victims of maltreatment or Program Announcement for encouraged to use a traceable shipping who have witnessed adult violence in Multisystem Decisionmaking Training method. Faxed or e-mailed applications the home, the perpetrators of their and Technical Assistance Project will not be accepted. Postmark dates victimization, and their families. The will not be accepted as proof of meeting agencies include law enforcement, AGENCY: Office of Juvenile Justice and the deadline. Applications received courts, domestic violence service Delinquency Prevention, Office of after August 19, 2002, will be deemed providers, child protective services, Justice Programs, Justice. late and may not be accepted. The mental health providers, and medical ACTION: Notice of solicitation. closing date and time apply to all systems. This purpose will be carried out by SUMMARY: This Program Announcement applications. To ensure prompt delivery, please adhere to the following providing direct, intensive training and provides the background information technical assistance (TTA) to help that eligible training and technical guidelines: Applications sent by U.S. mail: Use communities conduct multisystem case assistance providers need to apply for analysis and develop structured funds to conduct the Office of Juvenile registered mail to send applications to the following address: Office of Juvenile decisionmaking tools to inform their Justice and Delinquency Prevention’s systems improvement. (OJJDP’s) Multisystem Decisionmaking Justice and Delinquency Prevention, Training and Technical Assistance c/o Juvenile Justice Resource Center, Background 2277 Research Boulevard, Mail Stop 2K, Project. OJJDP invites applications from Children who have been maltreated or public and private agencies, Rockville, MD 20850. In the lower left- hand corner of the envelope, clearly who have witnessed violence are often organizations, institutions, and others brought into a service delivery system that have the necessary technical skills write ‘‘Multisystem Decisionmaking Training and Technical Assistance that does not respond effectively and and demonstrated expertise to build the efficiently to the needs of children and Project.’’ capacity of and transfer knowledge to families. This ineffectiveness results in Safe Start sites to establish a Applications sent by overnight delivery service: Allow at least 48 hours negative outcomes for children and a multisystem case analysis process that waste of limited resources to help informs cross-agency policies and for delivery. Send applications to the following address: Office of Juvenile families in need. For example, the news frontline practices. Safe Start is a media highlights traumatic events that Justice and Delinquency Prevention, program that promotes collaboration occur to children every day that might c/o Juvenile Justice Resource Center, among service providers for children have been prevented with appropriate 2277 Research Boulevard, Mail Stop 2K, and families. It prevents and reduces the attention to their problems. Children are Rockville, MD 20850; 800–638–8736 impact of children’s exposure to being ‘‘lost’’ as cases are transferred (phone number required by some violence through a comprehensive between law enforcement, prosecution, carriers). In the lower left-hand corner system of supports and services that child protection services, and other of the envelope, clearly write effectively meets the needs of these agencies. Difficult decisions are made ‘‘Multisystem Decisionmaking Training children and their families at any point for children every day as child and Technical Assistance Project.’’ on the service continuum. protection workers decide the level of Applications delivered by hand: risk for each child. Sometimes these DATES: Applications must be received Deliver by August 19, 2002, to the decisions are wrong; for example, a by August 19, 2002. Juvenile Justice Resource Center, 2277 Application Kit: Interested applicants child dies in the home at the hands of Research Boulevard, Rockville, MD can obtain the OJJDP Application Kit by an abuser after the child protection 20850; 301–519–5535. Hand deliveries calling the Juvenile Justice agency has closed a case of reported will be accepted daily between 8:30 a.m. Clearinghouse at 800–638–8736, by abuse, or, conversely, a child is removed and 5 p.m. EST, excluding Saturdays, sending an e-mail request to from the home and family ties are Sundays, and Federal holidays. [email protected], or through fax-on- severed when family support services Entrance to the resource center requires demand. (For fax-on-demand, call 800– might have proven effective. To help proper photo identification. 638–8736, select option 1, then select workers make these difficult decisions option 2 and enter the following four- FOR FURTHER INFORMATION, CONTACT: consistently and accurately, their high- digit numbers: 9119, 9120, 9121, and Kristen Kracke, Program Manager, Child stakes decisionmaking must be 9122. Application kits will be faxed in Protection Division, Office of Juvenile supported with structured, reliable tools four sections because of the number of Justice and Delinquency Prevention, at key decision points. In addition, pages.) The Application Kit is also 202–616–3649. (This is not a toll-free agencies need better information so they available online at www.ncjrs.org/ number.) can allocate their resources to best meet pdffiles1/ojjdp/sl000480.pdf. SUPPLEMENTARY INFORMATION: the needs of children. Delivery Instructions: All applicants Communities need support to analyze must submit the original application Purpose their child-serving systems across (signed in blue ink) and five copies. The purpose of the Multisystem multiple agencies to gain knowledge Applications should be unbound and Decisionmaking Training and Technical about outcomes for the children they fastened by a binder clip in the top left- Assistance (MSDMTTA) Project is to serve and to identify gaps and hand corner. build capacity in communities, initially inefficiencies. Furthermore, OJJDP strongly recommends that and primarily Safe Start initiative communities need help in using this applicants number each page of the communities, to collaboratively conduct analysis to plan and develop tools to application. To ensure that applications a comprehensive, data-driven, assist child-serving workers in making are received by the due date, applicants decisionmaking model for improving the best decisions possible for children
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and families. Using structured tools, Studies estimate that each year limited to the adult victim; adult and which increase the consistency and between 3.3 million (Carlson, 1984) and child victims and witnesses do not validity of decisionmaking, ensures that 10 million (Straus, 1991) children in the usually receive necessary services. children will receive the right level or United States witness violence in the There is broad consensus that current intensity of services. Child protection home, including behaviors that range juvenile justice practice is often workers will be able to assess the level from insults to fatal assaults with guns ineffective. Services are crisis oriented of risk posed to each child and and knives. Family violence and divide children and families into determine the appropriate level of encompasses violence between siblings. distinct, often arbitrary, categories. support needed. As a result, agencies According to one study, 77 percent of Communication among service can provide the appropriate services to children under age 9 had recently been providers is often poor, resulting in an each child when needed. Agencies also violent toward a sibling (Steinmetz, inability to treat families holistically, can track their cases and staff caseloads 1977). Another study found that 80 meet their needs, and develop more effectively and have necessary percent of children committed violent comprehensive solutions (Melaville and data to inform the overall planning for acts toward their siblings every year Blank, 1993). agency resources. Cases can be handled (Straus, Gelles, and Steinmetz, 1980). Toward a Coordinated Professional across agencies without being ‘‘lost in Young Children Are Particularly at Risk Response the shuffle’’ and agencies can determine of and Affected by Violence and As the juvenile justice field continues together how best to maximize limited Exposure to Violence resources on behalf of the families they to recognize prevention as central to its serve. In a comparison study of census data mission and to focus its efforts on those factors that place children at risk for Communities using elements of a from five cities, domestic violence was delinquent or criminal activity, multisystem decisionmaking (MSDM) shown to have occurred practitioners are increasingly aware that approach have learned more about their disproportionately in homes with the segmentation and fragmentation of own systems and have been able to set children under age 5. Children in this community service delivery systems are targeted goals for their collaborative age group also were more likely than older children to witness multiple acts serious obstacles to effective treatment work. They have established some of the of domestic violence associated with for at-risk children (Gerry and Morrill, following goals and objectives: substance abuse (Fantuzzo et al., 1997). 1990). In addition, practitioners and • More serious child abuse and Research indicates that younger policymakers are beginning to realize neglect cases will be criminally charged. • children are more vulnerable to the effectiveness of engaging More children will remain safe from victimization because of their age. communities in addressing problems further abuse—subsequent harm to Children’s exposure to violence and related to delinquency and crime. children will be reduced. The Federal Government has a role • maltreatment is significantly associated More court intake cases will reach with increased depression, anxiety, not only in reorganizing and dispositional findings within 100 days. restructuring its own activities to • posttraumatic stress, anger, increased Average caseload sizes will be alcohol and drug abuse, and lower promote and facilitate such reduced to meet national standards. academic achievement (Zero to Three, reorganization on the community level, • Case decisions will be made more 1994). Exposure to violence shapes how but also in stimulating improvement of consistently. children remember, learn, and feel. community-based systems by providing • Families at highest risk will receive Numerous studies cite the connection financial and technical assistance to more targeted resources. between abuse and neglect of a child communities engaged in collaborative • Agency and cross-agency planning and later development of violent and processes (Conly and McGillis, 1996). In will be informed by more case-level delinquent behavior (Thornberry, 1994; recent years, Federal agencies have data. Wright and Wright, 1994; Widom, funded several programs to promote System improvement is critically 1992). Children who experience collaboration among service providers needed because research and statistics violence either as victims or as for children and families. One of these demonstrate that children are victims of witnesses are at increased risk of initiatives, Safe Start, prevents and and witnesses to violence every day; the becoming violent themselves. This reduces the impact of children’s effects of this trauma can be lifelong if danger is greatest for the youngest exposure to violence through a systems and supports do not respond children, who depend almost comprehensive system of supports and immediately and effectively. completely on their parents and other services that effectively meets the needs Throughout America, Millions of caregivers to protect them from trauma. of these children and their families at any point on the service continuum. To Children Are Exposed to Violence at Children Exposed to Violence Do Not accomplish this vision, Safe Start Home, in Their Neighborhoods, and in Receive Adequate Intervention or communities comprehensively assess Their Schools Treatment To Address Harmful and redesign their current systems. Safe Aftereffects A 1994 study (Taylor et al.) found that Start communities and other 1 of every 10 children treated in the According to the National Advisory communities engaging in systems Boston City Hospital primary care clinic Board on Child Abuse and Neglect (U.S. change need increased support in cross- had witnessed a shooting or stabbing Department of Health and Human agency case analysis and before age 6. Almost all (94 percent) of Services, 1995), more than 90 percent of decisionmaking to provide research- the children had been exposed to children who were abused or neglected based tools and processes and increased multiple forms of violence, and half of did not get the services they needed. capacity building. them had been exposed to violence Rarely are such children provided within the past month. Half of these counseling or help in dealing with the Goal children witnessed such violence in the traumatic effects of maltreatment. Also, This project’s goal is to create an home and half witnessed it in the too often, referrals to victims services MSDM model that engages key agencies streets. The average age of these made during investigations of domestic collaboratively in a data-driven process children was 2.7 years. violence and other violent crimes are for assessing, identifying, implementing,
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and monitoring critical systems producing positive outcomes for tools for the model and assisting each improvements and decision points at children and families. community in the following activities: the cross-agency, agency, and point of • Basing decisions on empirical customizing tools; developing a data service/individual case levels. knowledge of the issues and challenges analysis plan; selecting the research inherent in bringing about positive question for the case review and Objectives change. identifying samples and methodologies; The project will develop and • Using valid assessment and choosing, training, and supervising case implement a TTA methodology to build screening tools. reviewers from within the collaborating capacity in collaborative communities, • Integrating prevention, agencies; building a database and initially and primarily Safe Start sites, intervention, and accountability inputting data; analyzing, presenting, to achieve the above goal. measures. and discussing implications of the data • Working across relevant agencies. in cross-agency collaborative meetings; Performance Measures The TTA should help these drafting findings and developing change To comply with the Government collaborative communities build local strategies; and developing action plans Performance and Results Act (GPRA), capacities in the following areas: to address systems improvement needs. Public Law 103–62, this solicitation • Gathering and analyzing cohort data In addition to supporting the above notifies applicants that they are required to identify possible areas for activities for cross-agency and to collect and report data that measure improvement of coordinated responses. multisystem analysis, TTA activities the results of the programs/efforts • Improving the consistency and will need to help collaborating agencies implemented with this grant. To ensure validity of decisions through a guided adopt and customize tools for the accountability of these data, for decisionmaking process at both the structuring individual case decisions which the Office of Justice Programs is individual case level, agency level, and based on analysis and assessment data responsible, the following performance systems level. within agencies. Such tasks will build measures are provided. • Targeting resources more on the analytical work referenced above For GPRA purposes, OJJDP will appropriately and effectively to children and also will include determining collect the following data from the and families. policies and procedures; collecting and grantee and provide a report annually. • Developing a set of community entering assessment data (for use in Should program expansion or a formal outcomes based on collaborative data management reports) to effectively evaluation be undertaken in the future, analysis and tracking progress. monitor services delivery and evaluate • data collected from the grantee will Using the aggregation of case case outcomes; training supervisors and provide a crucial baseline for the information to guide systems’ practices administrators in the use of MSDMTTA Project. for continuous quality improvement. management reports as tools for • • Number of onsite training sessions Formulating clear policies and improving operations and outcomes for delivered to the 14 sites implementing protocols within and between involved children; and preparing management systems based on a data-driven process. reports to guide decisions related to MSDM. • • Number of technical assistance Improving the efficiency and resource development, effectiveness, deliveries provided to the 14 sites effectiveness of all involved systems. and staffing. As a TTA resource for communities implementing MSDM. Project Phases • interested in implementing MSDM, A specific count and tracking of the The TTA project must include the initially and primarily in Safe Start following products developed to following activities, which may be sites, the selected applicant will be transfer knowledge to and build local divided into phases as appropriate: required to tailor the TTA approach to capacity for MSDM in each of the 14 • Development of a conceptual the local and national contexts. For sites: handbooks, toolkits, conferences, framework for the model. these Safe Start sites, the selected Web sites, and publications. • Phased implementation of TTA in • applicant will be required to collaborate Data documenting the grantee’s sites; this may involve site exploration and communicate closely with local and ability to enhance MSDM capacity in and selection. (Note: Safe Start sites’ use national project staff, local and national the community through development of of TTA will be voluntary; therefore, a evaluators, and especially the lead a tailored, structured, decisionmaking mutual exploratory process will assess national TTA coordinator for Safe Start. tool at the case level in each community model and TTA methodology ‘‘fit’’ as Eligibility Requirements and development of action plans to well as readiness of site.) address system improvements for cross- • Site consultation and readiness OJJDP invites applications from agency policy and practice. building. public and private agencies, Program Strategy • Customized site TTA plan organizations, institutions, and development. individuals experienced in TTA. OJJDP will competitively select one • Implementation of customized site- Private, for-profit organizations must TTA provider to receive a cooperative specific TTA (may be phased). agree to waive any profit or fee. Joint agreement worth up to $1,472,000 for a • Local capacity building. applications from two or more eligible 24-month project and budget period and • Knowledge transfer. applicants are welcome; however, one to provide TTA for up to 14 sites. • National dissemination. applicant must be clearly indicated as The overall strategy for implementing • Project evaluation. the primary applicant (for an MSDM model involves the following: correspondence, award, and • Using data to enhance existing Activities and Services management purposes) and the others practices and create new practices, Intensive TTA will be needed to indicated as coapplicants. To be eligible policies, and procedures within and provide a sufficient level of capacity for consideration, applicants must across agencies working to prevent building. This will involve consultation strictly adhere to the guidelines for violence against children. and onsite support in a variety of cross- preparing and submitting applications • Focusing resources on interventions agency or multisystem activities, regarding page length, layout, and with the greatest likelihood of including but not limited to developing submission deadlines.
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Applicants must have demonstrated within the project timeframe (24 TTA; systems improvement, data expertise in the areas of child months). analysis including case review, case maltreatment and domestic violence flow, research, tool validity and Project Design (25 Points) and also knowledge of the child reliability, collaboration, and protection, court, law enforcement, Applicants must describe their organizational change. The applicant domestic violence, medical, and mental strategy for implementing MSDM in 14 should demonstrate experience that is health systems and other related communities, initially and primarily in consistent with the size and scope of the systems. Applicants must also Safe Start sites, and for providing TTA project. Applicants must have the demonstrate functional expertise in the support and building local capacity. The ability and willingness to coordinate provision of TTA, systems project design should describe the and collaborate with OJJDP, the Safe improvement, data analysis including MSDM model and its framework, Start initiative, and all Safe Start case review, case flow, research, tool method, and tools; the TTA approach relevant partners, especially the validity and reliability, collaboration, embedded within the model to help the national Safe Start lead TTA provider. and organizational change. 14 communities successfully implement Furthermore, applicants should it; and a plan for establishing transfer of Selection Criteria demonstrate a willingness and an ability knowledge and broad dissemination in to transfer knowledge to and build local Applicants must submit a project the form of toolkits, handbooks, media capacity of communities to a level at narrative that describes their overall outlets, and national training (beyond which a consultant or consulting firm/ approach to the MSDMTTA project, the initial 14 communities). Applicants TTA provider is no longer needed. including a description of the should clearly outline and specify conceptual and organizational project deliverables. Budget (15 Points) framework for their approach and a Management and Organizational Applicants must provide a detailed detailed strategy. Capability (40 Points) budget and supporting narrative that is All applicants will be evaluated and complete, detailed, reasonable, rated by a peer review panel according Section One—Management (20 Points). Applicants must outline the allowable, and cost effective in relation to the selection criteria outlined below. to the activities to be performed. It must Applicants must use the selection proposed staffing structure and management plan for the project, also indicate the extent to which criteria headings for their program resources have been committed for the narrative and present information in the including at least one full-time, high- level, experienced lead coordinator. 24 months of the budget and project order shown. The selection criteria will period. be used to determine the extent of each Applicants are to identify the roles and applicant’s responsiveness to program responsibilities of each involved agency, Appendixes application requirements, compliance committee board, or other entity and Supplemental material can be with eligibility requirements, explain its relationship to the overall included as an appendix to demonstrate organizational capability, and effort. In addition, applicants must any of the above selection criteria, thoroughness and innovation in name and describe the core management including but not limited to staff responding to strategic project team and the capabilities and resumes and MSDM tools. implementation issues. Staff and peer experience of all staff and consultants reviewer recommendations are advisory who will participate on the management Format only. The OJJDP Administrator will team or play lead roles. Include resumes The narrative portion of the make the final award decision, taking of key personnel in the appendixes and application must not exceed 50 pages into consideration geographic diversity indicate the percentage of time required (excluding forms, assurances, and and other issues. for each named staff member or consultant and the supervision or appendixes) and must be submitted on Problem(s) To Be Addressed (10 Points) management plan. As a part of this 81⁄2- by 11-inch paper and double Applicants must describe the effect of management plan, applicants must spaced on one side of the paper in a children’s exposure to violence, the describe the management practices that standard 12-point font, with each page need to improve outcomes for children will be used to evaluate staff and numbered sequentially. The double exposed to violence and their families, program progress and to ensure spacing requirement applies to all parts and the need to improve services and corrective action. (See competencies of the program narrative and project systems for these children. A discussion described in the ‘‘Eligibility abstract, including any lists, tables, of how these systems improvements can Requirements’’ section.) bulleted items, or quotations. These directly improve outcomes for children Section Two—Organizational standards are necessary to maintain fair and families should also be included. Capability (20 points). Applicants must and uniform consideration among all provide a brief overview of the lead applicants. If the narrative and Goals and Objectives (10 Points) agency’s knowledge of and experience appendixes do not conform to these Applicants must outline the vision for with children, youth, and family issues, standards, OJJDP will deem the an MSDM model and describe how the particularly as they relate to preventing application ineligible for consideration. agencies and systems involved will and reducing the effect of exposure to Award Period operate when the model is violence. Applicants must have implemented. The vision must include demonstrated expertise in the areas of The MSDMTTA Project will be a clear discussion of the proposed child maltreatment and domestic funded in the form of a cooperative project goals and objectives as they violence and also knowledge of the agreement for a 24-month budget and logically relate to an MSDM model. child protection, court, law project period. Applicants also must outline specific enforcement, domestic violence, Award Amount goals and objectives for TTA to support medical, and mental health systems and implementation of the model and build other related systems. In addition, Applicants may apply for up to local capacity. Objectives must be applicants must demonstrate detailed $1,472,000 for the 24-month budget and quantifiable, measurable, and attainable and specific experience in provision of project period as a one-time award.
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Catalog of Federal Domestic Assistance Training and Technical Assistance and Victims: 1997 Update on Violence. (CFDA) Number and OJJDP Application Project.’’ Washington, DC: U.S. Department of Kit Justice, Office of Justice Programs, Due Date For this program, the CFDA number, Office of Juvenile Justice and Applicants are responsible for which is required on Standard Form Delinquency Prevention. 424, Application for Federal Assistance, ensuring that the original and five Steinmetz, S.K. 1977. The Cycle of is 16.730. This form is included in the copies of the application package are Violence: Assertive, Aggressive, and OJJDP Application Kit, which can be received by August 19, 2002. Abusive Family Interaction. New York, obtained by calling the Juvenile Justice Contacts NY: Praeger. Clearinghouse at 800–638–8736 or For further information, contact Straus, M.A. 1991. Children as sending an e-mail request to Kristen Kracke, Program Manager, Child witnesses to marital violence: A risk [email protected]. The Application Kit Protection Division, OJJDP, 202–616– factor for life long problems among a is also available online at ncjrs.org/ 3649, or send an e-mail inquiry to nationally representative sample of pdffiles1/ojjdp/s1000480.pdf. [email protected]. Include a American men and women. Paper Coordination of Federal Efforts contact name and phone number in the presented at the Ross Roundtable on Children and Violence, Washington, DC. To encourage better coordination message. among Federal agencies in addressing Applicants may also contact the Straus, M., Gelles, R., and Steinmetz, State and local needs, the U.S. following: S. 1980. Behind Closed Doors: Violence Department of Justice is requesting Juvenile Justice Clearinghouse, 800– in the American Family. Garden City, applicants to provide information on the 638–8736, ojjdp.ncjrs.org. NY: Anchor. following: (1) Active Federal grant National Clearinghouse on Child Abuse Taylor, L., Zuckerman, B., Harik, V., award(s) supporting this or related and Neglect, 800–394–3366, and Groves, B.M. 1994. Witnessing efforts, including awards from the U.S. calib.com/nccanch. violence by young children and their Department of Justice; (2) any pending National Center for Children Exposed to mothers. Journal of Developmental and application(s) for Federal funds for this Violence, 877–49–NCCEV, Behavioral Pediatrics 15(2):120–123. or related efforts; and (3) plans for nccev.org. Thornberry, T.P. 1994. Violent coordinating any funds described in Suggested Readings Families and Youth Violence. Fact items (1) and (2) with the funding Sheet. Washington, DC: U.S. sought by this application. For each Carlson, B.E. 1984. Children’s Department of Justice, Office of Justice Federal award listed, applicants must observations of interparental violence. Programs, Office of Juvenile Justice and include the program or project title, the In Battered Women and Their Families, Delinquency Prevention. Federal grantor agency, the amount of edited by A.R. Roberts. New York, NY: Springer, pp. 147–167. U.S. Department of Health and the award, and a brief description of the Human Services. 1995. A Nation’s purpose. The term ‘‘related efforts’’ is Conly, C., and McGillis, D. 1996. The Federal role in revitalizing communities Shame: Fatal Child Abuse and Neglect defined for these purposes as one of the in the United States. A Report of the following: and preventing and controlling crime • and violence. National Institute of U.S. Advisory Board on Child Abuse Efforts for the same purpose (i.e., and Neglect. Washington, DC: U.S. the proposed award would supplement, Justice Journal 231:24–30. Fantuzzo, J.W., Boruch, R., Beriama, Department of Health and Human expand, complement, or continue Services. activities funded with other Federal A., Atkins, M., and Marcus, S. 1997. grants). Domestic violence and children: Widom, C.S. 1992. Cycle of Violence. • Another phase or component of this Prevalence and risk in five major cities. Washington, DC: U.S. Department of program or project (e.g., to implement a Journal of the American Academy of Justice, Office of Justice Programs, planning effort funded by other Federal Child and Adolescent Psychiatry National Institute of Justice. funds or to provide a substance abuse 36(1):116–122. Wright, K.N., and Wright, K.E. 1994. treatment or education component Gerry, M., and Morrill, W. 1990. Family Life, Delinquency, and Crime: A within a criminal justice project). Integrating the delivery of services to Policymaker’s Guide. Washington, DC: • Services of some kind (e.g., school-aged children at risk: Toward a U.S. Department of Justice, Office of technical assistance, research, or description of American experience and Justice Programs, Office of Juvenile evaluation) to the program or project experimentation. Octopus Times 1:61– Justice and Delinquency Prevention. described in the application. 66. Zero to Three/National Center for Melaville, A., and Blank, M. 1993. Delivery Instructions Clinical Infant Programs. 1994. Caring Together We Can: A Guide for Crafting for Infants and Toddlers in Violent Use registered mail to send a Profamily System of Education and Environments: Hurt, Healing, and Hope. applications to the following address: Human Services. Washington, DC: U.S. Washington, DC: Zero to Three. Office of Juvenile Justice and Departments of Education and Health Delinquency Prevention, c/o Juvenile and Human Services. Dated: July 12, 2002. Justice Resource Center, 2277 Research Poe-Yamagata, E. 1997. Number of J. Robert Flores, Boulevard, Mail Stop 2K, Rockville, MD children reported to protective service Administrator, Office of Juvenile Justice and 20850; 301–519–5535. In the lower left- agencies, 1980–1996. Adapted from Delinquency Prevention. hand corner of the envelope, clearly Sickmund, M., Snyder, H., and Poe- [FR Doc. 02–18204 Filed 7–18–02; 8:45 am] write ‘‘Multisystem Decisionmaking Yamagata, E. 1997. Juvenile Offenders BILLING CODE 4410–18–P
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Part V
The President Proclamation 7577—Captive Nations Week, 2002
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Federal Register Presidential Documents Vol. 67, No. 139
Friday, July 19, 2002
Title 3— Proclamation 7577 of July 17, 2002
The President Captive Nations Week, 2002
By the President of the United States of America
A Proclamation The United States is proud to stand on the side of brave people everywhere who seek the same freedoms upon which our Nation was founded. Each year, during Captive Nations Week, we reaffirm our determination to work for freedom around the globe. Created against the backdrop of the Cold War, the importance and power of Captive Nations Week continues to reso- nate in today’s world. In too many corners of the earth, freedom and independence are the victims of dictators driven by hatred, fear, designs of ethnic superiority, religious intolerance, and xenophobia. These despots deny their citizens the liberty and justice that is the birthright of all people. Some governments, such as those in North Korea, Iraq, and Iran, starve their people, take away their voices, traffic in terror, and threaten the world with weapons of mass destruction. In many other places, from Burma to Belarus, Cuba and Zimbabwe, people are denied the most basic rights to speak in freedom, and their daily lives are haunted by the fear of the secret police. This week, America reaffirms our solidarity with and support for people living under conditions of servitude. They are the nonnegotiable demands of human dignity. History teaches us that when people are given a choice between freedom and tyranny, freedom will win. Recently, the world saw this in Afghanistan, where people took to the streets to celebrate the fall of their Taliban oppressors. Those in other lands seeking to unshackle them- selves from dictatorship will also have America’s support. Twenty years ago, President Ronald Reagan said before the British Parliament at Westminster that ‘‘our mission today (is) to preserve freedom as well as peace. It may not be easy to see; but I believe we live now at a turning point.’’ These words were a prelude to the fall of the Berlin Wall in 1989. Today, as the events of September 11 made clear, we are at another turning point, where the world faces the prospect of dictators supplying the world’s most dangerous weapons to their terrorist allies. These terrorists aspire to impose their brutal will on freedom loving people everywhere. One of our greatest strengths in this struggle against a world of fear, chaos, and captivity is our commitment to standing alongside people everywhere determined to build a world of freedom, dignity, and tolerance. This week America affirms its commitment to helping those in captive nations achieve democracy. The Congress, by Joint Resolution approved July 17, 1959, (73 Stat. 212), has authorized and requested the President to issue a proclamation desig- nating the third week in July of each year as ‘‘Captive Nations Week.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 21 through 27, 2002, as Captive Nations Week. I call upon the people of the United States to observe this week with appropriate ceremonies and activities and to reaffirm their devotion to the aspirations of all peoples for liberty, justice, and self-determination.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of July, in the year of our Lord two thousand two, and of the Independ- ence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 02–18556 Filed 7–18–02; 11:23 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 67, No. 139 Friday, July 19, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 523–5227 the revision date of each title. 212...... 45402 Presidential Documents 3 CFR 245...... 45402 Executive orders and proclamations 523–5227 Proclamations: The United States Government Manual 523–5227 7529 (See 7576)...... 45285 9 CFR 7575...... 44755 Other Services 7576...... 45285 94 ...... 44016, 44524, 45896, 47243 Electronic and on-line services (voice) 523–3447 7577...... 47677 Privacy Act Compilation 523–3187 Executive Orders: Proposed Rules: 93...... 44097 Public Laws Update Service (numbers, dates, etc.) 523–6641 13021 (Revoked by 13270) ...... 45288 TTY for the deaf-and-hard-of-hearing 523–5229 10 CFR 13129 (See EO 13268) ...... 44751 72...... 46369 ELECTRONIC RESEARCH 13224 (Amended by 431...... 45018, 45028 EO 13268)...... 44751 Proposed Rules: World Wide Web 13268...... 44751 170...... 44573 Full text of the daily Federal Register, CFR and other publications 13269...... 45287 171...... 44573 is located at: http://www.access.gpo.gov/nara 13270...... 45288 710...... 46912 Federal Register information and research tools, including Public 13271...... 46091 711...... 46912 Inspection List, indexes, and links to GPO Access are located at: Administrative Orders: 712...... 46912 http://www.nara.gov/fedreg Memorandums: Memorandum of July 12 CFR E-mail 2, 2002 ...... 46575 25...... 46842 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Presidential 261a...... 44526 an open e-mail service that provides subscribers with a digital Determinations: Ch. III ...... 44351 form of the Federal Register Table of Contents. The digital form No. 02–24 of June 28, Proposed Rules: of the Federal Register Table of Contents includes HTML and 2002 ...... 46837 703...... 44270 No. 99-6 of November PDF links to the full text of each document. 704...... 44270 30, 1998 (See 1720...... 44577 To join or leave, go to http://listserv.access.gpo.gov and select Presidential Online mailing list archives, FEDREGTOC-L, Join or leave the list Determination No. 13 CFR (or change settings); then follow the instructions. 02-25)...... 47437 121...... 47244 PENS (Public Law Electronic Notification Service) is an e-mail No. 02-25 of July 9, 124...... 47244 service that notifies subscribers of recently enacted laws. 2002 ...... 47437 134...... 47244 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 5 CFR Proposed Rules: 121...... 47480 and select Join or leave the list (or change settings); then follow 532...... 46839 the instructions. 3101...... 46840 14 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. 7 CFR 21...... 45194 301...... 44523 23...... 46842 Reference questions. Send questions and comments about the 352...... 46577 25...... 44018, 45627 Federal Register system to: [email protected] 457...... 46093 36...... 45194 The Federal Register staff cannot interpret specific documents or 762...... 44015 39 ...... 44024, 44028, 44030, regulations. 982...... 45049 44526, 44527, 45053, 45192, 989...... 47439 45293, 45295, 45629, 45897, 46096, 46098, 46100, 46372, FEDERAL REGISTER PAGES AND DATE, JULY 1200...... 44349 1209...... 46578 46580, 46582, 46844, 47251, 44015–44348...... 1 1520...... 45895 47254, 47638, 47640, 47642, 44349–44522...... 2 Proposed Rules: 47644, 47645, 47647, 47649, 47651, 47653, 47654, 47656, 44523–44756...... 3 300...... 45922 47658 44757–45048...... 5 319...... 45922 800...... 44571 71 ...... 45192, 45630, 45631, 45049–45292...... 8 922...... 44095 45632, 46584, 46585, 46586, 45293–45626...... 9 993...... 46423 46846, 46847 45627–45894...... 10 1230...... 47474 91...... 45194, 46568 45895–46092...... 11 1470...... 47477 95...... 44033, 45296 46093–46368...... 12 1724...... 44396 97...... 46102, 46848 46369–46576...... 15 1726...... 44396 1204...... 47256 46577–46836...... 16 1755...... 44396 1260...... 45790 1274...... 45790 46837–47242...... 17 8 CFR 47243–47436...... 18 Proposed Rules: 47437–47678...... 19 214...... 44344 23...... 46927 Proposed Rules: 25...... 44111 103...... 45402 39 ...... 44116, 44119, 44401,
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REMINDERS Qualified retirement plans— Northeastern United States Wireless telecommunications The items in this list were Notice to interested fisheries— services— editorially compiled as an aid parties; published 7-19- Atlantic deep-sea red Bell Operating Companies to Federal Register users. 02 crab; comments due by separate affiliate and Inclusion or exclusion from Real estate mortgage 7-23-02; published 6-20- related requirements; this list has no legal investment conduits; safe 02 [FR 02-15595] sunset; comments due significance. harbor treatment; West Coast States and by 7-22-02; published published 7-19-02 Western Pacific 6-21-02 [FR 02-15676] fisheries— Digital television stations; table RULES GOING INTO COMMENTS DUE NEXT Coastal pelagic species; of assignments: EFFECT JULY 19, 2002 WEEK comments due by 7-26- Alabama; comments due by 02; published 7-11-02 7-25-02; published 6-6-02 ENVIRONMENTAL [FR 02-17463] [FR 02-14022] AGRICULTURE PROTECTION AGENCY FEDERAL RETIREMENT DEPARTMENT Sablefish; comments due Air quality implementation by 7-24-02; published THRIFT INVESTMENT Agricultural Marketing plans; approval and 6-24-02 [FR 02-15884] BOARD Service promulgation; various Thrift Savings Plan: Tobacco inspection: ENVIRONMENTAL States: PROTECTION AGENCY New record keeping system, California; published 5-20-02 Mandatory grading; producer implementation decisions, referenda; comments due Air quality implementation Maine; published 5-20-02 plans; approval and and addition of post- by 7-22-02; published 5- employment withdrawal Minnesota; published 5-20- 23-02 [FR 02-12892] promulgation; various 02 States; air quality planning methods; comments due AGRICULTURE by 7-25-02; published 6- Utah; published 5-20-02 purposes; designation of DEPARTMENT areas: 25-02 [FR 02-15775] FEDERAL Animal and Plant Health HEALTH AND HUMAN COMMUNICATIONS Arizona; comments due by Inspection Service SERVICES DEPARTMENT COMMISSION 7-26-02; published 6-26- Exportation and importation of 02 [FR 02-16104] Centers for Medicare & Television stations; table of animals and animal Medicaid Services assignments: Air quality implementation products: Medicare and Medicaid: Louisiana; correction; plans; approval and Cooked meat and meat Peer review organizations; published 7-19-02 promulgation; various products imported from States: name and other changes; HEALTH AND HUMAN regions where rinderpest California; comments due by technical amendments; SERVICES DEPARTMENT or foot-and-mouth disease 7-24-02; published 6-24- comments due by 7-23- Food and Drug exists; comments due by 02 [FR 02-15723] 02; published 5-24-02 [FR Administration 7-22-02; published 5-22- 02-12242] 02 [FR 02-12809] Idaho; comments due by 7- Animal drugs, feeds, and 26-02; published 6-26-02 HEALTH AND HUMAN related products: Hawaiian and territorial [FR 02-16139] SERVICES DEPARTMENT quarantine notices: Fenbendazole granules; Louisiana; comments due by Medicare and Medicaid: Fruits and vegetables from published 7-19-02 7-22-02; published 6-20- Peer review organizations; Hawaii; comments due by Oxytetracycline injection; 02 [FR 02-15453] name and other changes; published 7-19-02 7-22-02; published 5-22- technical amendments; 02 [FR 02-12810] North Carolina; comments TRANSPORTATION due by 7-24-02; published comments due by 7-23- DEPARTMENT COMMERCE DEPARTMENT 6-24-02 [FR 02-15876] 02; published 5-24-02 [FR 02-12242] Coast Guard National Oceanic and Pennsylvania; comments Great Lakes pilotage Atmospheric Administration due by 7-26-02; published HOUSING AND URBAN regulations: Fishery conservation and 6-26-02 [FR 02-16036] DEVELOPMENT management: DEPARTMENT Rates update; published 7- Air quality planning purposes; 19-02 Atlantic coastal fisheries designation of areas: Low income housing: cooperative Ports and waterways safety: Louisiana; comments due by Housing assistance management— payments (Section 8)— Milwaukee Harbor, WI; 7-24-02; published 6-24- Horseshoe crabs; Housing Choice Voucher safety zone; published 7- 02 [FR 02-15713] comments due by 7-24- Program and Moderate 3-02 Pesticides; tolerances in food, 02; published 7-9-02 Rehabilitation Single animal feeds, and raw TRANSPORTATION [FR 02-17044] Room Occupancy agricultural commodities: DEPARTMENT Atlantic highly migratory Program (2003 FY); fair Polymers; comments due by Organization, functions, and species— market rents; comments authority delegations: 7-23-02; published 5-24- due by 7-22-02; Atlantic bluefin tuna; 02 [FR 02-12974] Department Secretary; order comments due by 7-24- published 5-23-02 [FR of succession; published 02; published 6-27-02 Trifloxystrobin; comments 02-12716] 7-19-02 [FR 02-16264] due by 7-22-02; published HOUSING AND URBAN 5-22-02 [FR 02-12850] TREASURY DEPARTMENT Magunuson-Stevens Act DEVELOPMENT Water pollution; effluent Customs Service provisions— DEPARTMENT guidelines for point source Merchandise, special classes: Domestic fisheries; Federal Housing Enterprise categories: Oversight Office Import restrictions— exempted fishing permits; comments due Metal products and Practice and procedure: Cyprus; pre-Classical and by 7-25-02; published machinery; comments due Federal National Mortgage Classical archaeological 7-10-02 [FR 02-17332] by 7-22-02; published 6-5- Association (Fannie Mae) material; published 7- 02 [FR 02-13808] and Federal Home Loan 19-02 Domestic fisheries; general provisions; FEDERAL Mortgage Corporation TREASURY DEPARTMENT comments due by 7-24- COMMUNICATIONS (Freddie Mac)— Internal Revenue Service 02; published 7-9-02 COMMISSION Safety and soundness Income taxes: [FR 02-17155] Common carrier services: supervisory standards;
VerDate Jun 13 2002 22:18 Jul 18, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\19JYCU.LOC pfrm17 PsN: 19JYCU Federal Register / Vol. 67, No. 139 / Friday, July 19, 2002 / Reader Aids v
comments due by 7-22- Portsmouth Harbor, NH; Income taxes and procedure H.R. 327/P.L. 107–198 02; published 6-21-02 safety and security zones; and administration: [FR 02-15678] comments due by 7-22- Electronic tax filing; cross- Small Business Paperwork Relief Act of 2002 (June 28, INTERIOR DEPARTMENT 02; published 5-23-02 [FR reference; comments due 02-13006] by 7-23-02; published 4- 2002; 116 Stat. 729) Fish and Wildlife Service TRANSPORTATION 24-02 [FR 02-09820] Hunting and fishing: S. 2578/P.L. 107–199 DEPARTMENT Income taxes: Refuge-specific regulations; Federal Aviation Stock or securities in To amend title 31 of the comments due by 7-22- Administration acquisition; recognition of United States Code to 02; published 6-20-02 [FR gain on distributions; increase the public debt limit. 02-14900] Airworthiness directives: comments due by 7-25- (June 28, 2002; 116 Stat. Marine mammals: Boeing; comments due by 02; published 4-26-02 [FR 734) 7-26-02; published 6-21- 02-09818] Florida manatees; incidental 02 [FR 02-15663] Last List June 26, 2002 take during specified General Electric Co.; activities; intent to prepare LIST OF PUBLIC LAWS environmental impact comments due by 7-22- 02; published 5-23-02 [FR statement; comments due This is a continuing list of 02-12631] Public Laws Electronic by 7-25-02; published 6- public bills from the current 10-02 [FR 02-14326] McDonnell Douglas; session of Congress which Notification Service comments due by 7-26- have become Federal laws. It (PENS) SECURITIES AND 02; published 7-1-02 [FR EXCHANGE COMMISSION may be used in conjunction 02-16407] with ‘‘PLUS’’ (Public Laws Securities: Airworthiness standards: Update Service) on 202–523– PENS is a free electronic mail Options trade-through Special conditions— 6641. This list is also notification service of newly disclosure rule; repeal; Boeing Model 727-700 available online at http:// enacted public laws. To comments due by 7-22- IGW airplane; www.nara.gov/fedreg/ subscribe, go to http:// 02; published 6-5-02 [FR comments due by 7-24- plawcurr.html. hydra.gsa.gov/archives/ 02-14010] 02; published 6-24-02 The text of laws is not publaws-l.html or send E-mail Reserves and custody; [FR 02-15833] published in the Federal to [email protected] comments due by 7-25- Class D airspace; comments Register but may be ordered with the following text 02; published 6-10-02 [FR due by 7-21-02; published in ‘‘slip law’’ (individual message: 02-14296] 6-24-02 [FR 02-15800] pamphlet) form from the SUBSCRIBE PUBLAWS-L TRANSPORTATION TREASURY DEPARTMENT Superintendent of Documents, DEPARTMENT U.S. Government Printing Your Name. Internal Revenue Service Coast Guard Office, Washington, DC 20402 Excise taxes: (phone, 202–512–1808). The Note: This service is strictly Anchorage regulations: Pension excise taxes; future text will also be made for E-mail notification of new Henderson Harbor, NY; benefit accrual rate; available on the Internet from laws. The text of laws is not comments due by 7-22- significant reduction; GPO Access at http:// available through this service. 02; published 6-5-02 [FR comments due by 7-22- www.access.gpo.gov/nara/ PENS cannot respond to 02-14056] 02; published 4-23-02 [FR nara005.html. Some laws may specific inquiries sent to this Ports and waterways safety: 02-09529] not yet be available. address.
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