6–1–01 Friday Vol. 66 No. 106 June 1, 2001 Pages 29661–29894
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1 II Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001
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2 III
Contents Federal Register Vol. 66, No. 106
Friday, June 1, 2001
Actuaries, Joint Board for Enrollment Traffic particulate emissions at a U.S.-Canada border See Joint Board for Enrollment of Actuaries crossing in Western New York; respiratory health effects, 29821–29822 Agriculture Department See Animal and Plant Health Inspection Service Civil Rights Commission See Farm Service Agency NOTICES See Food and Nutrition Service Meetings; State advisory committees: See Forest Service Maryland, 29771 See Grain Inspection, Packers and Stockyards Meetings; Sunshine Act, 29771 Administration See Rural Housing Service Coast Guard See Rural Utilities Service RULES Ports and waterways safety: Alcohol, Tobacco and Firearms Bureau Milwaukee River, WI; safety zone, 29699–29700 RULES NOTICES Alcohol; viticultural area designations: Meetings: Diamond Mountain District, CA, 29695–29698 Chemical Transportation Advisory Committee, 29853– NOTICES 29854 Organization, functions, and authority delegations: Subordinate ATF officers, 29884–29885 Commerce Department See International Trade Administration Animal and Plant Health Inspection Service See National Oceanic and Atmospheric Administration RULES Exportation and importation of animals and animal Committee for Purchase From People Who Are Blind or products: Severely Disabled Rinderpest and foot-and-mouth disease; disease status NOTICES change— Procurement list; additions and deletions, 29769–29771 France, Ireland, and Netherlands, 29686–29689 PROPOSED RULES Comptroller of the Currency Plant-related quarantine, foreign: RULES Corpus Christi, TX; fresh fruits; cold treatment, 29735– Fees assessment, 29889–29894 29739 Defense Department Antitrust Division See Army Department NOTICES See Defense Logistics Agency National cooperative research notifications: NOTICES Asymmetrical Digital Subscriber Line Forum, 29834– Agency information collection activities: 29835 Proposed collection; comment request, 29775–29776 Coalition for Healthcare Standards, Inc., 29835 Submission for OMB review; comment request, 29776 Inter Company Collaboration for AIDS Drug Meetings: Development, 29835 Medicare-Eligible Retiree Healthcare Board of Actuaries, Spray Drift Task Force, 29835 29777 Privacy Act: Army Department Systems of records, 29777–29779 NOTICES Meetings: Defense Logistics Agency Science Board, 29780 NOTICES Privacy Act: Blind or Severely Disabled, Committee for Purchase From Systems of records, 29780–29783 People Who Are See Committee for Purchase From People Who Are Blind Delaware River Basin Commission or Severely Disabled NOTICES Meetings and hearings, 29783–29784 Centers for Disease Control and Prevention NOTICES Education Department Grants and cooperative agreements; availability, etc.: NOTICES Bleeding and clotting disorders; preventive services Agency information collection activities: integration, 29814–29816 Proposed collection; comment request, 29785 Cancer surveillance research with data enhancement and utilization, 29816–29821 Employment and Training Administration National Programs to Promote Physical Activity Among NOTICES Youth Federal-State unemployment compensation program: Correction, 29821 Extended benefit periods; changes, 29838
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Grants and cooperative agreements; availability, etc.: Federal Aviation Administration Young Offender Initiative: Reentry Program, 29837 RULES Air carrier certification and operations: Employment Standards Administration Flight crewmember flight time limitations and rest NOTICES requirements; enforcement policy Minimum wages for Federal and federally-assisted Correction, 29888 construction; general wage determination decisions, Airworthiness directives: 29838–29841 CFM International, 29689–29691 Class E airspace, 29691 Energy Department Standard instrument approach procedures, 29691–29695 See Energy Efficiency and Renewable Energy Office NOTICES See Federal Energy Regulatory Commission Agency information collection activities: NOTICES Submission for OMB review; comment request, 29854– Grants and cooperative agreements; availability, etc.: 29855 State energy efficiency and renewable energy activities, Environmental statements; notice of intent: 29785–29786 Juneau International Airport, AK, 29855
Energy Efficiency and Renewable Energy Office Federal Communications Commission NOTICES RULES Meetings: Digital television stations; table of assignments: Federal Energy Management Advisory Committee; Arkansas, 29724 correction, 29786 California, 29725–29726 Illinois, 29723–29724 Environmental Protection Agency New Jersey, 29725 RULES Ohio, 29724 Air quality implementation plans; approval and Texas, 29725 promulgation; various States: Radio services, special: Missouri; withdrawn, 29705 Wireless telecommunications services— Hazardous waste program authorizations: 24 GHz service; licensing and operation; Maryland, 29712–29722 reconsideration petitions denied, 29722–29723 Pesticides; tolerances in food, animal feeds, and raw Radio stations; table of assignments: agricultural commodities: Idaho and Montana, 29726 Prohexadione calcium, 29705–29712 PROPOSED RULES PROPOSED RULES Radio stations; table of assignments: Hazardous waste program authorizations: South Carolina, 29747 Maryland, 29746–29747 NOTICES NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities: Noncommercial educational applicants; comparative Proposed collection; comment request, 29793–29795 standards reexamination, 29801–29803 Submission for OMB review; comment request, 29796– Federal Election Commission 29797 Air progams: NOTICES Meetings; Sunshine Act, 29803 Ambient air quality standards, national— New Jersey severe ozone nonattainment areas, 29797– Federal Energy Regulatory Commission 29798 NOTICES Environmental statements; availability, etc.: Electric rate and corporate regulation filings: Agency statements— ARE Generation Co., L.L.C., et al., 29789–29792 Comment availability, 29798–29799 North Carolina Power Holdings, LLC, et al., 29792–29793 Weekly receipts, 29799 Hydroelectric applications, 29793 Meetings: Applications, hearings, determinations, etc.: Chromated copper arsenicals-treated wood; consumer Columbia Gas Transmission Corp., 29786–29787 awareness program, 29799–29800 Millennium Pipeline Co., LP, et al., 29787 Reports and guidance documents; availability, etc.: Southern Natural Gas Co., 29787–29788 Ferric ferrocyanide; preliminary administrative Transcontinental Gas Pipe Line Corp., 29788–29789 determination document on whether it is cyanide within meaning of toxic pollutants, 29800–29801 Federal Highway Administration Superfund: NOTICES Standard Auto Bumper Site; proposed settlement, 29801 Grants and cooperative agreements; availability, etc.: Rational speed limits, setting and enforcing; Export-Import Bank demonstration and evaluation, 29855–29861 NOTICES Intelligent Transportation Infrastructure Program; Meetings: participation, 29861–29867 Advisory Committee, 29801 Federal Maritime Commission Farm Service Agency NOTICES NOTICES Agreements filed, etc., 29803 Meetings: Investigations, hearings, petitions, etc.: National Drought Policy Commission, 29762–29763 Canaveral Port Authority, FL, 29804
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Ocean transportation intermediary licenses: See Food and Drug Administration Cargo Care, Inc., et al., 29804 See Health Care Financing Administration Discovery Cruise Line/Seaboard Space Charter, 29804 See Substance Abuse and Mental Health Services Hefco International, Inc., et al., 29804–29805 Administration NOTICES Federal Motor Carrier Safety Administration Committees; establishment, renewal, termination, etc.: NOTICES Blood Safety and Availability Advisory Committee, Hazardous materials transportation: 29811–29812 Preemption determinations— Grants and cooperative agreements; availability, etc.: American Trucking Associations, Inc., 29867–29876 Family planning services projects; abortion-related services; interpretations, 29812–29814 Federal Reserve System Meetings: NOTICES Minority Health Advisory Committee, 29814 Banks and bank holding companies: Change in bank control, 29805 Formations, acquisitions, and mergers, 29805 Health Care Financing Administration Permissible nonbanking activities, 29805–29806 NOTICES Committees; establishment, renewal, termination, etc.: Agency information collection activities: Consumer Advisory Council, 29806–29807 Proposed collection; comment request, 29823 Meetings: Submission for OMB review; comment request, 29823– Consumer Advisory Council, 29807 29824 Meetings; Sunshine Act, 29807 Meetings: Medicare Coverage Advisory Committee, 29824–29825 Federal Trade Commission NOTICES Housing and Urban Development Department Agency information collection activities: NOTICES Proposed collection; comment request, 29807–29811 Agency information collection activities: Financial Management Service Submission for OMB review; comment request, 29827– 29828 See Fiscal Service Grants and cooperative agreements; availability, etc.: Fiscal Service Facilities to assist homeless— PROPOSED RULES Excess and surplus Federal property, 29828 Fiscal Management Service: Automated Clearing House; Federal agency participation; Immigration and Naturalization Service extension of public comment period, 29746 RULES Immigration: Food and Drug Administration Aliens— NOTICES Legal Immigration Family Equity Act and LIFE Act Agency information collection activities: Amendments; legalization and family unity Proposed collection; comment request, 29822 provisions; status adjustment, 29661–29682 Reports and guidance documents; availability, etc.: Employment-based petitions and applications; Premium Medical devices— Processing Service establishment, 29682–29686 Single-use devices, reprocessing and reuse; premarket guidance for industry and FDA staff, 29822–29823 Indian Affairs Bureau Food and Nutrition Service NOTICES RULES Reservation establishment, additions, etc.: Food stamp program: Pueblo of Isleta Indians, NM, 29828–29829 Personal Responsibility and Work Opportunity Reconciliation Act of 1996; implementation— Interior Department Personal responsibility provisions, 29661 See Indian Affairs Bureau NOTICES Agency information collection activities: See Surface Mining Reclamation and Enforcement Office Proposed collection; comment request, 29763 Internal Revenue Service Forest Service NOTICES NOTICES Agency information collection activities: Environmental statements; notice of intent: Proposed collection; comment request, 29885–29887 Umqua National Forest, OR, 29763–29765 Proposed collection; comment request; correction, 29888 Grain Inspection, Packers and Stockyards Administration NOTICES International Trade Administration Agency designation actions: NOTICES Ohio, 29765 Antidumping: Various States, 29765–29767 Hot-rolled carbon steel flat products from— Kazakhstan, 29773 Health and Human Services Department Antidumping and countervailing duties: See Centers for Disease Control and Prevention Administrative review requests, 29771–29772
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International Trade Commission National Oceanic and Atmospheric Administration NOTICES RULES Import investigations: Fishery conservation and management: Clad steel plate from— Northeastern United States fisheries— Japan, 29829–29831 Scup, 29729 Pasta from— West Coast States and Western Pacific fisheries— Italy and Turkey, 29831–29834 Pacific Coast groundfish, 29729–29734 NOTICES Joint Board for Enrollment of Actuaries Endangered and threatened species: NOTICES Critical habitat designations— Meetings: Northern white whales, 29773–29774 Actuarial Examinations Advisory Committee, 29762 Permits: Marine mammals, 29774–29775
Justice Department National Science Foundation See Antitrust Division NOTICES See Immigration and Naturalization Service Agency information collection activities: See Justice Programs Office Submission for OMB review; comment request, 29843– NOTICES 29844 Pollution control; consent judgments: A&S Tribal Industries, 29834 Nuclear Regulatory Commission PROPOSED RULES Justice Programs Office Rulemaking petitions: NOTICES Michael Stein; withdrawn, 29741 Agency information collection activities: NOTICES Proposed collection; comment request, 29835–29837 Agency information collection activities: Grants and cooperative agreements; availability, etc.: Submission for OMB review; comment request, 29844 Young Offender Initiative: Reentry Program, 29837 Applications, hearings, determinations, etc.: Nuclear Management Co., LLC, 29844–29846 Labor Department PSEG Nuclear LLC, 29846–29848 See Employment and Training Administration See Employment Standards Administration Occupational Safety and Health Administration See Mine Safety and Health Administration NOTICES See Occupational Safety and Health Administration Agency information collection activities: NOTICES Proposed collection; comment request, 29842–29843 Agency information collection activities: Submission for OMB review; comment request, 29838 Postal Service RULES Library of Congress International Mail Manual: RULES International recorded delivery service; fee increase, Copyright arbitration royalty panel rules and procedures: 29704–29705 Cable and satellite statutory licenses; royalty fees; filing requirements, 29700–29704 Public Debt Bureau See Fiscal Service
Mine Safety and Health Administration Public Health Service NOTICES See Centers for Disease Control and Prevention Agency information collection activities: See Food and Drug Administration Proposed collection; comment request, 29841–29842 See Substance Abuse and Mental Health Services Administration National Aeronautics and Space Administration RULES Railroad Retirement Board Acquisition regulations: NOTICES Cost accounting standards waivers, 29727–29728 Supplemental annuity program; determination of quarterly NASA Inspector General hotline posters, 29726–29727 rate of excise tax, 29848 Priorities and allocations systems, 29727 SBIR Contracts; class deviations; extension, 29728–29729 Research and Special Programs Administration NOTICES National Highway Traffic Safety Administration Hazardous materials transportation: PROPOSED RULES Preemption determinations— Motor vehicle safety standards: American Trucking Associations, Inc., 29867–29876 Radiator and coolant reservoir caps, 29747–29761 NOTICES Rural Housing Service Grants and cooperative agreements; availability, etc.: PROPOSED RULES Rational speed limits, setting and enforcing; Program regulations: demonstration and evaluation, 29855–29861 Farm labor housing loan and grant program; technical Seat belt rates; innovative projects, 29876–29884 assistance, 29739–29741
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Rural Utilities Service Transportation Department NOTICES See Coast Guard Environmental statements; availability, etc.: See Federal Aviation Administration Georgia Transmission Corp., 29767–29768 See Federal Highway Administration Jackson County Lake Project, KY, 29768–29769 See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Securities and Exchange Commission See Research and Special Programs Administration NOTICES Self-regulatory organizations; proposed rule changes: Treasury Department American Stock Exchange LLC, 29848–29850 See Alcohol, Tobacco and Firearms Bureau International Securities Exchange LLC; correction, 29888 See Comptroller of the Currency See Fiscal Service Social Security Administration See Internal Revenue Service NOTICES RULES Agency information collection activities: Government Securities Act regulations: Proposed collection; comment request, 29850–29853 Government securities; definition Correction, 29888 State Department NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 29884 Shipping Coordinating Committee, 29853 Veterans Affairs Department State Justice Institute NOTICES NOTICES Meetings: Meetings; Sunshine Act, 29853 Claims Processing Task Force, 29887 Substance Abuse and Mental Health Services Administration Separate Parts In This Issue NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards; list, 29825–29827 Part II Grants and cooperative agreements; availability, etc.: Department of Treasury, Comptroller of the Currency, Young Offender Initiative: Reentry Program, 29837 29889–29894
Surface Mining Reclamation and Enforcement Office PROPOSED RULES Reader Aids Permanent program and abandoned mine land reclamation Consult the Reader Aids section at the end of this issue for plan submissions: phone numbers, online resources, finding aids, reminders, Montana, 29741–29746 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 50 CFR 272...... 29661 648...... 29729 273...... 29661 660...... 29729 Proposed Rules: 319...... 29735 1944...... 29739 8 CFR 100...... 29661 103 (2 documents) ...... 29661, 29682 236...... 29661 245a...... 29661 274a...... 29661 299 (2 documents) ...... 29661, 29682 9 CFR 94...... 29686 10 CFR Proposed Rules: 2...... 29741 12 CFR 8...... 29890 14 CFR 39...... 29689 71...... 29691 97 (2 documents) ...... 29691, 29693 121...... 29888 17 CFR 450...... 29888 27 CFR 9...... 29695 30 CFR Proposed Rules: 926 (2 documents) ...... 29741, 29744 31 CFR Proposed Rules: 210...... 29746 33 CFR 165...... 29699 37 CFR 252...... 29700 257...... 29700 39 CFR 20...... 29704 40 CFR 52...... 29705 180...... 29705 271...... 29712 Proposed Rules: 271...... 29746 47 CFR 1...... 29722 2...... 29722 73 (7 documents) ...... 29723, 29724, 29725, 29726 87...... 29722 101...... 29722 Proposed Rules: 73...... 29747 48 CFR 1803...... 29726 1811...... 29727 1830...... 29727 1832...... 29728 1852...... 29726 49 CFR Proposed Rules: 571...... 29747
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Rules and Regulations Federal Register Vol. 66, No. 106
Friday, June 1, 2001
This section of the FEDERAL REGISTER In addition, the State agencies were Dated: May 29, 2001. contains regulatory documents having general required to implement the final rule no George A. Braley, applicability and legal effect, most of which later than August 1, 2001. Because the Acting Administrator, Food and Nutrition are keyed to and codified in the Code of rule will not be effective now until July Service. Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. 31, 2001, this action establishes a new [FR Doc. 01–13854 Filed 5–31–01; 8:45 am] implementation date of October 1, 2001. BILLING CODE 3410–30–U The Code of Federal Regulations is sold by DATES: the Superintendent of Documents. Prices of The effective date of the Personal Responsibility Provisions of the new books are listed in the first FEDERAL DEPARTMENT OF JUSTICE REGISTER issue of each week. Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Immigration and Naturalization Service published in the Federal Register, on DEPARTMENT OF AGRICULTURE January 17, 2001, at 66 FR 4438, is 8 CFR Parts 100, 103, 236, 245a, 274a delayed for an additional 60 days, from and 299 Food and Nutrition Service June 1, 2001 to a new effective date of July 31, 2001, except for the amendment [INS No. 2115–01; AG Order No. 2430–2001] 7 CFR Parts 272 and 273 to 7 CFR 272.2(d)(1)(xiii) which retains RIN 1115–AG06 the effective date of August 1, 2001. The RIN 0584–AC39 implementation date of the final rule is Adjustment of Status Under Legal Immigration Family Equity (LIFE) Act Food Stamp Program: Personal delayed for 60 days from August 1, 2001, to a new implementation date of Legalization Provisions and LIFE Act Responsibility Provisions of the Amendments Family Unity Provisions Personal Responsibility and Work October 1, 2001. Opportunity Reconciliation Act of FOR FURTHER INFORMATION CONTACT: AGENCY: Immigration and Naturalization 1996; Delay of Effective Date Patrick Waldron, Chief, Certification Service, Justice. Policy Branch, Program Development ACTION: Interim rule with request for AGENCY: Food and Nutrition Service, comments. USDA. Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, ACTION: Final rule; delay of effective SUMMARY: This interim rule implements Alexandria, Virginia, 22302, (703) 305– date. section 1104 of the Legal Immigration 2495. Family Equity Act (LIFE Act) and the SUMMARY: The final rule, ‘‘The Personal SUPPLEMENTARY INFORMATION: To the LIFE Act Amendments by establishing Responsibility Provisions of the extent that 5 U.S.C. section 553 applies procedures for certain class action Personal Responsibility and Work to this section, it is exempt from notice participants to become lawful Opportunity Reconciliation Act of and comment because it constitutes a permanent residents of this country. 1996,’’ was published on January 17, rule of procedure under 5 U.S.C. section Persons who may be eligible to adjust 2001 at FR 66 4438. The rule finalizes 553(b)(A). Alternatively, the under section 1104 of the LIFE Act and the proposed rule of the same name Department’s implementation of this its Amendments are aliens who have which was published December 17, rule without opportunity for public filed for class membership with the 1999. It implements 13 provisions of the comment, effective immediately upon Attorney General, before October 1, Personal Responsibility and Work 2000, in one of three legalization publication today in the Federal Opportunity Reconciliation Act of 1996. lawsuits: (1) Catholic Social Services, Register, is based on the good cause The original effective date of the rule Inc. v. Meese, vacated sub nom. Reno v. exceptions in 5 U.S.C. section 553(b)(B) (with the exception of one amendment) Catholic Social Services, Inc., 509 U.S. and 553(d)(3). Seeking public comment was April 2, 2001. In accordance with 43 (1993) (CSS); (2) League of United is impracticable, unnecessary and the memorandum of January 20, 2001, Latin American Citizens v. INS, vacated from the Assistant to the President and contrary to the public interest. The sub nom. Reno v. Catholic Social Chief of Staff, entitled ‘‘Regulatory temporary 60-day delay in effective date Services, Inc., 509 U.S. 43 (1993) Review Plan,’’ published in the Federal is necessary to give Department officials (LULAC); or (3) Zambrano v. INS, Register on January 24, 2001, the the opportunity for further review and vacated, 509 U.S. 918 (1993) effective date of the rule was delayed for consideration of new regulations, (Zambrano). 60 days to June 1, 2001, via an action consistent with the Assistant to the This interim rule also implements published in the Federal Register on President’s memorandum of January 20, section 1504 of the LIFE Act February 5, 2001 at 66 FR 8886. The 2001. Given the imminence of the Amendments by providing for a stay of Under Secretary of the Food, Nutrition, effective date, seeking prior public removal and work authorization for and Consumer Services and has just comment on this temporary delay certain spouses and unmarried children recently been confirmed and has not yet would have been impractical, as well as of those aliens eligible to adjust under been sworn-in. In order to give the new contrary to the public interest in the section 1104 of the LIFE Act. Under Secretary time to review the rule, orderly promulgation and This rule is necessary to ensure that this action delays the effective date of implementation of regulations. The those aliens eligible to apply for benefits the final rule (with the exception of one imminence of the effective date is also under the provisions of the LIFE Act amendment) an additional 60 days to good cause for making this rule effective and LIFE Act Amendments are able to July 31, 2001. immediately upon publication. do so in a timely manner.
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DATES: Effective date: This interim rule allow certain eligible aliens to apply for that began on May 5, 1987, and ended is effective June 1, 2001. adjustment of status to that of a lawful on May 4, 1988. Comment date: Written comments permanent resident (LPR) under a What Modifications Do the LIFE must be submitted on or before July 31, modified version of section 245A of the Legalization Provisions Make to Section 2001. Immigration and Nationality Act (Act) 245A of the Act? ADDRESSES: Please submit written (8 U.S.C. 1255a). Aliens who are eligible comments to Richard A. Sloan, Director, to apply for adjustment under LIFE LIFE Legalization made several Policy Directives and Instructions Legalization are only those who, before notable modifications to section 245A of Branch, Immigration and Naturalization October 1, 2000, had filed with the the Act (8 U.S.C. 1255a). First, aliens Service, 425 I Street NW, Room 4034, Attorney General a written claim for who applied for legalization benefits Washington, DC 20536. To ensure class membership in the CSS, LULAC, under IRCA first needed to apply for proper handling, please reference INS or Zambrano legalization class action adjustment to lawful temporary resident No. 2115–01 on your correspondence. lawsuits. In order to qualify for status. Subsequent to this adjustment, Comments are available for public adjustment, aliens must establish that these aliens were required to apply for inspection at the above address by they entered the United States before adjustment to LPR status. In contrast, calling (202) 514–3048 to arrange for an January 1, 1982, and thereafter resided those eligible aliens applying for appointment. in continuous unlawful status through adjustment of status under LIFE FOR FURTHER INFORMATION CONTACT: May 4, 1988. Aliens must also establish Legalization will be submitting Elizabeth N. Lee or Suzy Nguyen, that they were continuously physically applications to adjust to LPR status Assistant Directors, for matters relating present in the United States from directly. There is no provision or requirement for first adjusting to lawful to LIFE Legalization; Elizabeth N. Lee or November 6, 1986, through May 4, 1988. temporary resident status. Rebecca Peters, for matters relating to Furthermore, aliens must demonstrate Second, sections 245A (c)(1) through Family Unity; Office of Adjudications, basic citizenship skills. Finally, aliens must be otherwise admissible to the (c)(4) of the Act allowed for qualified Immigration and Naturalization Service, designated entities (QDEs) to forward 425 I Street NW, Room 3214, United States under the Act. LIFE Legalization also provides for a stay of applications for adjustment of status Washington, DC 20536, telephone (202) under section 245A of the Act to the 514–3228. removal or deportation and work authorization for eligible aliens under Immigration and Naturalization Service SUPPLEMENTARY INFORMATION: This this law while their adjustment (Service), provided the alien had supplemental information section is applications are pending. consented to such action. The LIFE organized as follows: Legalization provisions have no such Legal Immigration Family Equity (LIFE) Act What Are the Family Unity Provisions QDE provision. Accordingly, all Legalization Provisions of the LIFE Act? applications for adjustment of status 1. Definitions Section 1504 of the LIFE Act under LIFE Legalization must be filed 2. Eligibility Amendments provides that the Attorney by the alien, or by his or her 3. Ineligibility and grounds of inadmissibility General may not remove certain spouses representative, directly to the Service. 4. Filing and applications and children of aliens eligible to adjust Third, section 245A(c)(7) of the Act 5. During pendency of application under LIFE Legalization and shall grant provided for the allocation of up to $3 6. Proof of eligibility employment authorization to those million of the application fees for 7. Decisions, appeals, motions, and section 245A of the Act to immigration- certifications eligible spouses and children for the period of time in which they have been related unfair employment practices LIFE Act Amendments Family Unity afforded Family Unity protection. The programs. The LIFE Legalization Provisions exact scope of the Family Unity provisions specifically prohibit the use 1. Eligibility provisions of the LIFE Act Amendments of any funds collected through this 2. Description of program is discussed later in this interim rule. program to be used in such a manner. 3. Ineligible aliens Fourth, section 245A(f)(4)(C) of the 4. Filing What Are the Provisions of Section Act prohibited any court from having 5. Protection from removal and eligibility for 245A of the Act? employment jurisdiction over any cause or action or 6. Travel outside the United States On November 6, 1986, President claim by, or on behalf of, any person 7. Termination of Family Unity benefits Reagan signed into law the Immigration asserting an interest under section 245A Reform and Control Act of 1986 (IRCA), of the Act unless that person had Legal Immigration Family Equity (LIFE) Public Law 99–603. Section 201 of IRCA actually filed or attempted to file an Act Legalization Provisions created a ‘‘legalization’’ program under application under section 245A of the Definitions section 245A of the Act, that allowed for Act. This section does not apply to an certain aliens to apply for adjustment to alien eligible for adjustment under LIFE What Are the Legalization Provisions of temporary resident status, and later to Legalization, effective November 6, the LIFE Act? LPR status. To be eligible, an alien 1986. On December 21, 2000, President needed to establish that he or she Fifth, section 245A(h) of the Act Clinton signed into law the Legal entered the United States before January provided a 5-year prohibition on newly Immigration Family Equity Act (LIFE 1, 1982, and that he or she resided legalized aliens from receiving certain Act), Title XI of H.R. 5548, enacted by continuously in the United States in an public welfare assistance. The LIFE reference in Public Law 106–553 (Dec. unlawful status since such date through Legalization provisions specifically state 21, 2000), and the LIFE Act the date that his or her application for that section 245A(h) does not apply to Amendments, Title XV of H.R. 5666, temporary resident status was filed. those aliens who adjust to LPR status enacted by reference in Public Law 106– Aliens who entered the United States under LIFE Legalization. Although 554 (Dec. 21, 2000), which provides for without inspection and certain aliens who have adjusted their status numerous different immigration nonimmigrants were eligible to apply under the LIFE Legalization provisions benefits. Section 1104 of the LIFE Act under the IRCA. The legalization are exempt from the bar on public and its Amendments (LIFE Legalization) program had a 1-year application period assistance under Section 245A(h), they
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remain subject to the restrictions on adjustment to LPR status under LIFE is inadmissible under other provisions access to benefits set forth in the Legalization. Applicants who were of section 212(a) of the Act is not Personal Responsibility and Work denied class membership in the CSS, eligible for adjustment to LPR status Opportunity Reconciliation Act of 1996 LULAC, or Zambrano legalization class under section 245A of the Act (8 U.S.C. (Welfare Reform Act), as amended action lawsuits by the Service are still 1255a). A waiver for humanitarian (Public Law 104–193, 110 Stat. 2105). eligible to apply for adjustment of status purposes, to assure family unity, or The Welfare Reform Act, as amended, under LIFE Legalization. when it is otherwise in the public establishes restrictions on access to Second, an eligible alien must then interest is available for some, but not all, federal, state, and local public benefits submit evidence to establish the grounds of inadmissibility. In addition, by aliens, including lawful permanent following five requirements—that he or the LIFE Legalization provisions also residents. 8 U.S.C. 1601 through 1625. she: allow for waivers for those aliens Aliens who adjust to permanent 1. Properly files an application for inadmissible pursuant to sections residency under LIFE Legalization are adjustment under LIFE Legalization; 212(a)(9)(A) and 212(a)(9)(C) of the Act encouraged to contact the relevant 2. Entered the United States before (aliens previously removed and aliens benefit-granting agency for information January 1, 1982, and resided unlawfully present after previous about their eligibility for specific public continuously in the United States in an immigration violations). The following benefit programs. See also, Notice, unlawful status since that date through grounds of inadmissibility under section Interim Guidance on Verification of May 4, 1988; 212(a) of the Act, however, may not be Citizenship, Qualified Alien Status and 3. Was continuously physically waived: Eligibility Under Title IV of the Personal present in the United States during the 1. Sections 212(a)(2)(A) and (B) of the Responsibility and Work Opportunity period from November 6, 1986, through Act, crimes involving moral turpitude Reconciliation Act of 1996, 62 FR May 4, 1988; and controlled substances; 61344; Notice, Personal Responsibility 4. Is not inadmissible to the United 2. Section 212(a)(2)(C) of the Act, and Work Opportunity Reconciliation States for permanent residence under controlled substance traffickers; Act of 1996; Interpretation of ‘‘Federal any provisions of the Act; and 3. Section 212(a)(3) of the Act, Public Benefit,’’ 63 FR 41658. 5. Establishes basic citizenship skills security and related grounds; and Sixth, LIFE Legalization provides for as required. 4. Section 212(a)(4) of the Act, aliens likely to become a public charge. the same confidentiality provisions as Ineligibility and Grounds of In determining whether the alien is the IRCA, with the exception that Inadmissibility information furnished by an eligible likely to become a public charge, and alien pursuant to any applications filed Who Is Ineligible for Adjustment Under would therefore be inadmissible under under LIFE Legalization may be used by LIFE Legalization? section 212(a)(4) of the Act, there is a the Attorney General for purposes of As under IRCA, LIFE Legalization Special Rule that is discussed in this rescinding LPR status pursuant to 8 CFR specifies that any otherwise eligible interim rule at 8 CFR 245a.18(d). In part 246. alien who has ever been convicted of a short, the Special Rule allows the In many other respects the provisions felony or of three or more misdemeanors Service to look at an alien’s employment of LIFE Legalization are identical to in the United States is ineligible to history when determining whether he or those contained in section 245A of the adjust status under LIFE Legalization. she is likely to become a public charge. Act. Accordingly, where applicable, Further, any alien who has ever assisted Filing and Applications much of the regulatory language in the persecution of any person or contained in this interim rule is taken persons on account of race, religion, May an Alien Who is Already in from 8 CFR 245a.3 (Application for nationality, membership in a particular Exclusion, Deportation, or Removal adjustment from temporary to social group, or political opinion is Proceedings, or Who has a Motion To permanent resident status). ineligible to adjust status under LIFE Reopen or Motion To Reconsider Pending Before the Immigration Court What Are the Three Pertinent Legalization. There are no waivers available for the grounds of ineligibility or the Board of Immigration Appeals Legalization Class Action Lawsuits CSS, (Board) Apply for LIFE Legalization LULAC, and Zambrano About? described in this paragraph. The LIFE Legalization provisions Adjustment With the Service? The three class action lawsuits listed further specify that section 241(a)(5) of Yes, an alien who has a proceeding in LIFE Legalization involved claims by the Act (8 U.S.C. 1231(a)(5)) does not pending before the Immigration Court or aliens who were unsuccessful in apply to an alien adjusting under LIFE the Board, or who has a motion to applying for legalization under section Legalization. Section 241(a)(5) of the reopen or a motion to reconsider filed 245A of the Act enacted in 1986. The Act provides for the reinstatement of a with the Immigration Court or the aliens in CSS, LULAC, and Zambrano removal order against any alien who Board, may still file an application for argued that either their claims were illegally re-enters the United States after LIFE Legalization adjustment of status denied or that they were discouraged having been removed or after having with the Service. However, the alien from applying. departed voluntarily under an order of must also request that the Immigration Eligibility removal. It also bars any alien whose Court or the Board, whichever has removal order has been reinstated from jurisdiction, administratively close How is an Alien Eligible for Adjustment receiving any relief under the Act. proceedings, or indefinitely continue to LPR Status Under LIFE Legalization? All aliens must establish that they are any pending motion to reopen or First, an alien must prove that he or admissible under section 212(a) of the reconsider in order to allow the alien to she, before October 1, 2000, filed a Act (8 U.S.C. 1182(a)). Sections proceed with a LIFE Legalization written claim with the Attorney General 212(a)(5) (labor certification application. In the request to for class membership in the CSS, requirements) and 212(a)(7)(A) administratively close the matter or LULAC, or Zambrano legalization class (documentation requirements for indefinitely continue the motion, the action lawsuits in order to be immigrants) are not applicable to LIFE alien must include documents considered an eligible alien for Legalization applicants. Any alien who establishing prima facie eligibility for
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relief, and proof that the LIFE an established set of standards for Post Office, the Service will disregard Legalization application has already determining the timeliness of mail, the postmark made by the United States been filed with the Service. The Service whether mailed from within the United Post Office. The Service will then must consent before the matter is States or from abroad. Any LIFE consider the foreign postmark when administratively closed. Legalization application that is determining the timeliness of the filing postmarked by the United States Post What Happens if an Applicant is the of the application. LIFE Legalization Office on or before the deadline date Subject of a Final Order of Exclusion, provisions do not provide applicants will be considered to be timely filed, Deportation, or Removal? outside the United States with a means regardless of the date it is actually to enter the United States in order to Jurisdiction over LIFE Legalization received by the Service. In the case apply for adjustment under LIFE applicants lies only with the Service. where a postmark is illegible or missing, Legalization. Upon review of Thus, an eligible alien who is the the Service will consider the application applications from abroad, the Service subject of a final order of exclusion, to be timely filed if it is received by June will notify applicants of any further deportation, or removal may file such 3, 2002, if the application was mailed evidence required and/or what further application with the Service. The filing from within the United States, or by steps need to be taken. of a LIFE Legalization adjustment June 14, 2002, if the application was application during the application mailed from abroad. Applications that How Will the Service Evaluate the period stays the execution of any final are postmarked after May 31, 2002, will Evidence Submitted? order of exclusion, deportation, or be untimely and will be denied. To In all cases, any doubts as to the removal. This stay shall remain in effect avoid the risk that an application may existence, authenticity, veracity, or unless the district director who seeks to be postmarked after May 31, 2002, accuracy of the documentation shall be execute the order makes a final applicants within the United States resolved by the official Government determination that the application does might consider sending applications via record, with Service records having not present a prima facie claim to LIFE United States registered or certified precedence over the records of other Legalization eligibility on certain mail. agencies. Furthermore, adjudications criminal grounds and serves the All applications for adjustment of will be made according to the weight of applicant with a written decision status under LIFE Legalization must be the evidence. It shall be the explaining the reason for this submitted by mail to: United States responsibility of the applicant to obtain determination. Immigration and Naturalization Service, and submit copies of the records of any Post Office Box 7219, Chicago, IL How Does an Alien Apply for other Government agency that the 60607–7219. Applications may not be Adjustment of Status Under LIFE applicant desires to be considered in submitted to any other Service location. Legalization? support of his or her application. An alien must file Form I–485, Can an Alien Submit an Application for What Forms and Other Documents Application to Register Permanent Adjustment of Status Under LIFE Should Be Filed? Residence or Adjust Status, during the Legalization if He or She Is Outside the United States? Each applicant for LIFE Legalization 1-year application period beginning adjustment of status benefits must file a June 1, 2001, and ending May 31, 2002, Yes, an applicant for LIFE separate Form I–485, accompanied by along with all required documentary Legalization may apply for adjustment the required application fee(s) and evidence and appropriate fee(s). An of status from outside the United States. supporting documents. As discussed additional instruction form, Supplement An applicant filing for LIFE Legalization later, applicants are encouraged to file D, LIFE Legalization Supplement to from abroad must mail an application applications for employment Form I–485 Instructions, will assist along with all required documentary authorization and advance parole, if applicants with the application process. evidence and appropriate fee(s) to: desired, with their Form I–485. United States Immigration and Applicants should complete Part 2 When and Where Should the Naturalization Service, Post Office Box Application be Filed? (Application Type) of Form I–485 by 7219, Chicago, IL 60607–7219. checking box ‘‘h—other’’ and writing LIFE Legalization authorizes the Applications may not be submitted to ‘‘LIFE Legalization’’ next to that block. Attorney General to provide a 1-year any consular post. As with domestic Each application must be accompanied application period for LIFE Legalization applicants, the Service is making a by: applicants to file for adjustment. The special exception to the requirements at 1. Application fee; application period begins on June 1, 8 CFR 103.2(a)(7). Any LIFE 2. Fingerprinting fee; 2001, and ends on May 31, 2002. Legalization application that is 3. Proof of identity; Pursuant to existing regulations at 8 postmarked on or before May 31, 2002, 4. A completed Form G–325A, CFR 103.2(a)(7), applications filed with will be considered to be timely filed, Biographic Information Sheet, if the the Service are considered to be regardless of the date it is actually applicant is between the age of 14 and ‘‘received’’ on the date of actual receipt received by the Service. In the case 79; in a Service office. where a postmark is illegible or missing, 5. A report of medical examination; Because of the particular nature of the and the application was mailed from 6. Two photographs as described in LIFE Legalization program, and the high abroad, the Service will consider the the Form I–485 instructions; anticipated volume of applications by application to be timely filed if it is 7. Evidence as described in 8 CFR the deadline date, the Service is making received by June 14, 2002. Applications 245a.14 to establish that before October a special exception to the requirements that are postmarked after May 31, 2002, 1, 2000, the alien filed with the at 8 CFR 103.2(a)(7). For purposes of or applications that have illegible or no Attorney General a written claim for LIFE Legalization only, the Service will postmarks and are received after June class membership in the CSS, LULAC, implement a postmark rule that is 14, 2002, will be untimely and will be or Zambrano lawsuit; patterned directly on the Internal denied. If an application has both a 8. Evidence as described in 8 CFR Revenue Service (IRS) regulations at 26 foreign postmark and a postmark 245a.15 to prove continuous residence CFR 301.7502–1. The IRS rules provide subsequently made by the United States in an unlawful status since prior to
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January 1, 1982, through May 4, 1988, prescribed to take effect on an interim employment authorization if he or she in the United States; final basis if the Attorney General remains eligible. An applicant for 9. Evidence as described in 8 CFR determines, as is the case here, that it is adjustment of status under LIFE 245a.16 to prove continuous physical necessary in order to implement that Legalization who wishes to obtain presence between November 6, 1986, section in a timely manner. As will be initial employment authorization, or and May 4, 1988, in the United States; discussed later in this interim rule, the employment authorization renewals, and Service determined that $330 represents during the pendency of the adjustment 10. Evidence as described in 8 CFR the full cost of processing the Form I– of status application, may file a Form I– 245a.17 to establish the applicant’s 485 for LIFE Legalization. 765 with the Service. Further, if the citizenship skills. applicant has already received Can Someone Else Sign the Application It is noted that LIFE Legalization employment authorization under any if the Applicant is a Child or a Person specifies that any alien who is a male other provision of the Act, that Who is Mentally Incompetent? who is at least 18 years of age, but not employment authorization will not be yet 26 years of age is required to register In accordance with 8 CFR 103.2(a)(2), affected by the filing of an application under the Military Selective Service an application may be signed by a for adjustment of status under LIFE Act. 50 U.S.C. 453(a). Once a Form I– parent or legal guardian if the applicant Legalization. 485 has been accepted by the Service, is under 14 years of age, and by a legal any LIFE Legalization applicant guardian if the applicant is mentally What is the Service’s Policy on Travel required to register under the Military incompetent. However, an applicant Outside the United States by a LIFE Selective Service Act will have his who is under age 14 is not precluded Legalization Applicant Who Applied name, current address, Social Security from signing the application if he or she From Within the United States While number, date of birth, and the date the is capable of understanding the His or Her LIFE Legalization Form I–485 was filed forwarded to the significance of the attestation. Adjustment Application is Pending? Selective Service System. If the LIFE LIFE Legalization applicants wishing Legalization applicant has already During Pendency of Application to travel outside the United States while registered with the Selective Service What Other Benefits Are Eligible Aliens their adjustment applications are System, the Selective Service will check Entitled to During the Application pending should apply for ‘‘advance its records to avoid any duplication. Process? parole’’ on Form I–131, Application for Travel Document. The Form I–131 must Must the Applicant Be Fingerprinted? Until a final determination is made on be mailed to: United States Immigration their application, eligible aliens in the Yes, unless the applicant is under 14 and Naturalization Service, Post Office United States who present a prima facie years of age or over 75 years of age. Box 7219, Chicago, IL 60607–7219. If an application for adjustment to LPR status Upon receipt of the application, the alien travels abroad and returns to the under LIFE Legalization: Service will instruct the applicant United States with a grant of advance 1. May not be deported or removed regarding procedures for obtaining parole, the Service will presume that the from the United States; fingerprints through one of the Service’s alien is entitled to return to the United 2. Are entitled to employment Application Support Centers (ASCs) or States. Further, a LIFE Legalization authorization; and authorized Designated Law Enforcement applicant who departs the United States 3. In accordance with procedures set Agencies (DLEAs) chosen specifically will not be subject to the provisions of forth in these regulations, may return to for that purpose. Those instructions will section 212(a)(9)(B) of the Act (8 U.S.C. the United States following brief, casual, direct the applicant to the ASC or DLEA 1182(a)(9)(B)) (aliens unlawfully present and innocent trips abroad. nearest the applicant’s home and advise in the United States who seek to reenter For these reasons, all LIFE the applicant of the date(s) and time(s) the United States). A LIFE Legalization Legalization applicants who are in the fingerprinting services may be obtained. applicant returning to the United States United States, and who desire to work Applicants should not submit from travel abroad without a grant of and/or travel abroad, are encouraged to fingerprint cards as part of the initial advance parole may be subject to submit a Form I–765, Application for filing. If the applicant must be removal proceedings and may have to Employment Authorization, and a Form fingerprinted, he or she must submit the process or/and await his or her I–131, Application for Travel Document, fee of $25 to cover fingerprinting costs adjustment application from outside the with appropriate fees, at the time the at the time the Form I–485 is filed. United States. This is discussed in the Form I–485 is submitted. Is There a Fee for Filing This regulations at 8 CFR 245a.13(a)(3), Application? Can an Applicant Be Authorized to (e)(2), and (e)(3) in this interim rule. Work While His or Her LIFE Yes, those aliens applying for Proof of Eligibility adjustment of status under LIFE Legalization Adjustment Application Is Legalization will be required to pay an Pending? How Does an Alien Establish That He or application fee of $330. The Service Yes, an alien who establishes a prima She Applied for Class Membership in recognizes that this is a higher fee than facie claim for LIFE Legalization will be the CSS, LULAC, or Zambrano Class the current Form I–485 application fee; granted employment authorization. In Action Lawsuit? however, the provisions of section 245A determining a prima facie claim, the Aliens who had applied for class of the Act allowed for the Service to Service will verify that the applicant membership in CSS, LULAC, or provide for a schedule of fees to be applied for class membership in the Zambrano before October 1, 2000, were charged for the filing of applications CSS, LULAC, or Zambrano lawsuit required to submit various forms of under section 245A of the Act. 8 U.S.C. before October 1, 2000, and that the written applications for class 1255a(c)(7). Moreover, section applicant presents, on the face of the membership to the Service including, 245A(g)(3) of the Act, which was not application package, all of the eligibility but not limited to, a Form I–687, modified by LIFE Legalization, provides requirements. An applicant for Application for Status as a Temporary that regulations issued pursuant to adjustment is able to apply for, and be Resident—Applicants under Section section 245A of the Act may be granted, an extension of any such 245A of the Immigration and
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Nationality Act, as amended, a United States as a nonimmigrant before question appropriate for case-by-case ‘‘Questionnaire for class member January 1, 1982, must establish that: analysis in consideration of the meaning applicants,’’ and supporting 1. His or her authorized period of of the phrase. Brief refers to the documentation. The Service reviewed admission as a nonimmigrant expired temporal length of the absence, and the application and evidence submitted, before January 1, 1982, through the must not be so long as to reduce the and made a determination on whether passage of time and that he or she significance of the whole period of the alien qualified for class resided continuously in the United continuous physical presence. See membership. A written notification was States in an unlawful status since that Kamheangpatiyooth v. INS, 597 F.2d then sent to the alien, and/or his or her date through May 4, 1988; or 1253, 1256–1257 (9th Cir. 1979). Casual representative, informing them of the 2. His or her unlawful status was is interpreted to mean performed Service’s decision. If the alien was known to the Government before without regularity, occasionally. See determined to be a class member under January 1, 1982, and that he or she Castrejon-Garcia v. INS, 60 F.3d 1359, CSS, LULAC, or Zambrano, the alien resided continuously in the United 1363 (9th Cir. 1995). Innocent refers to was entitled to employment States in an unlawful status since that the purpose of the absence from the authorization. date through May 4, 1988. United States, and whether that purpose An alien filing a LIFE Legalization How Does an Alien Establish That His was consistent with or contrary to a application should submit as many of or Her Unlawful Status Prior to January policy reflected in the immigration laws. See Catholic Social Services v. the documents involved in the process 1, 1982, Was ‘‘Known to the Meese, 685 F. Supp. 1149, 1158 (E.D. previously described as necessary to Government’’? establish that he or she had applied for Cal. 1988). class membership in the CSS, LULAC, Known to the Government means If an alien was absent from the or Zambrano lawsuit before October 1, that, prior to January 1, 1982, country pursuant to an advance parole, 2000. These documents should, at a documents existed in one or more this absence will not be considered as minimum, include the alien’s full name, Federal Government agencies’ files such having interrupted his or her A-number, and date(s). The following that when such documentation is taken continuous physical presence. Brief, documents, for example, may be as a whole, it warrants a finding that the casual, and innocent absences from the submitted: alien’s status in the United States was United States are not limited to 1. Employment authorization unlawful. See Mater of P-, 19 I&N Dec. absences with advance parole. document (EAD) based on the class 823 (Comm. 1988). Further, any absence A single absence from the United membership; of mandatory annual and/or quarterly States of more than 30 days or an 2. Service notification granting or registration reports from Federal aggregate of all absences exceeding 90 denying the class membership; Government files does not warrant a days shall not be deemed to be a brief, 3. Questionnaire for class member finding that the alien’s unlawful status casual, and innocent absence unless the applicants in CSS, LULAC, or was ‘‘known to the Government.’’ See alien had advance parole or the alien Zambrano; Matter of H-, 20 I&N Dec. 693 (Assoc. can establish that due to emergent 4. Service document(s) pursuant to Comm. 1993). (Under section 265 of the reasons, his or her return to the United the class membership application (e.g., Act (8 U.S.C. 1305), nonimmigrants States could not be accomplished Parole Authorization, or denial of such, were required to register with the within the time period(s) allowed. Order to Show Cause, Notice to Appear, Service by January 30 of each year and Will an Applicant Who Establishes a Final Order of Removal, Request for to notify the Service of their address at Prima Facie Case of Eligibility be Evidence (RFE), or Form I–687 the end of each 3-month period.) Required To Appear for an Interview? submitted with the class membership What Does it Mean To Prove application); or If a LIFE Legalization applicant 5. Any other relevant documents. Continuous Physical Presence Between appears eligible for the benefit, an The Service will check its databases November 6, 1986, and May 4, 1988, in interview will be required as, at a and files to verify the alien’s claim. If it the United States? minimum, the applicant must can be verified that the alien had in fact Contained in IRCA and required of demonstrate a minimal understanding applied for class membership, the LIFE Legalization applicants, evidence of ordinary English and a knowledge Service will notify him or her of its must be provided to establish their and understanding of the history and determination and grant employment continuous physical presence in the government of the United States as authorization (if applied for by the United States from November 6, 1986, required under section 312(a) of the Act alien). through May 4, 1988. (8 U.S.C. 1423). If an applicant fails to appear for an interview, his or her LIFE What Does it Mean To Prove Can an Alien be Absent Between Legalization adjustment application Continuous Residence in an Unlawful November 6, 1986, and May 4, 1988, may be denied for lack of prosecution. Status Since Prior to January 1, 1982, From the United States and Still be If an applicant is determined to be Through May 4, 1988, in the United ‘‘Continuously Physically Present’’ in statutorily ineligible, his or her LIFE States? the United States? Legalization adjustment application As required by IRCA and again of Yes, so long as such absences were may be denied without interview. LIFE Legalization applicants, the brief, casual, and innocent or were As stated earlier, the LIFE applicant must provide evidence that he pursuant to a Service-authorized Legalization provisions require or she entered the United States before advance parole. ‘‘Brief, casual, and applicants to demonstrate basic January 1, 1982, either as a innocent’’ means temporary, occasional citizenship skills as specified in section nonimmigrant or without inspection. trips abroad as long as the purpose of 312(a) of the Act (relating to minimal Under LIFE Legalization, the applicant the absence from the United States was understanding of ordinary English and a must also provide evidence that he or consistent with the policies reflected in knowledge and understanding of the she thereafter resided in continuous the immigration laws of the United history and government of the United unlawful status through May 4, 1988. States. Whether an absence is brief, States). Therefore, during their An eligible alien who entered the casual, and innocent is a factual interview, LIFE Legalization applicants
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will be required to demonstrate a What Documentation Will be Issued if What Is the Appeals Process? minimal understanding of ordinary the Adjustment Application Is All appeals from decisions of denials English and a knowledge and Approved at the Time of the Interview? of applications under LIFE Legalization understanding of the history and If, at the time of the interview, the must be filed on Form I–290B, Notice of government of the United States as appeal to the Administrative Appeals required under section 312(a) of the Act. Service officer conducting the interview determines that the application is Unit (AAU). Appeals filed from within the United States must be filed with the In lieu of the above, to meet the approvable, the applicant will receive Service office that denied the requirement, an applicant may instead temporary evidence of LPR status. A application within 30 days of the date submit: (1) A high school diploma; (2) Form I–551 will be mailed to the the decision was mailed. Any appeal a general educational development applicant at a later date; therefore, the that is received subsequent to this 30- diploma (GED); or (3) a certification on applicant must maintain possession of letterhead stationery from a state day period will not be accepted for any temporary evidence of LPR status processing and the decision of denial recognized, accredited learning until receipt of the Form I–551. institution in the United States that the will be considered to be a final notice of ineligibility. If an applicant’s last applicant is attending or has attended What Documentation Will Be Issued If, known address of record was outside such institution. The course of study at at the Time of the Interview, the Service the United States, and the notice of such learning institution must be for a Determines That the Adjustment Application Cannot Be Approved? denial was mailed to that foreign period of one academic year (or the address, then the appeal must be equivalent thereof according to the If the application cannot be approved received within 60 days of the date the standards of the learning institution) at the time of the interview, and further decision was mailed. Any appeal from and the curriculum must include at review of the application and abroad that is received subsequent to least 40 hours of instruction in English supporting documents is required, the this 60-day period will not be accepted and United States history and applicant will be notified in writing of for processing and the decision of denial government. any subsequent decision rendered by will be considered a final notice of Decisions, Appeals, Motions, and the Service. Applicants should keep this ineligibility. All appeals must be properly Certifications notice for their records. If the application has been approved, a Form completed and must be accompanied by When Will an Applicant Know That a I–551 will be mailed separately to the the appropriate fee of $110. Upon Final Determination has Been Made on applicant. To obtain temporary evidence receipt of an appeal, the administrative His or Her Adjustment Application? of LPR status, the applicant may present record will be forwarded to the the original approval notice and his or Administrative Appeals Office (AAO) The applicant will be notified in her passport or other photo for review and decision. The decision writing of the Service’s decision on his identification at his or her local Service on appeal will be provided to the alien, or her adjustment application. If the office. The local Service office will issue and his or her attorney or application is approved, the applicant temporary evidence of LPR status after representative, in writing, and if the will be so advised and will also be verifying the approval of the adjustment appeal is dismissed, it shall include a advised of the delivery of his or her of status application. If the applicant is final notice of ineligibility. No further Form I–551, Permanent Resident Card, not in possession of a passport in which administrative appeal shall lie from this and of the process for obtaining such temporary evidence may be decision, nor may the application be temporary evidence of alien registration. endorsed, he or she should also submit filed or reopened before an Immigration If the application is denied, the two photographs meeting the Court or the Board of Immigration applicant will be notified of the specifications described in the Appeals during exclusion, removal, or Service’s decision and the reason(s) for instructions to the Form I–485 so that deportation proceedings. denial. The applicant will also be the Service may prepare and issue If the appeal is sustained, and the notified of his or her appellate rights. If temporary evidence of LPR status. application approved, the alien will be the application was denied because the advised in writing of the decision and What Happens if the Application Is of the process for obtaining temporary Service was unable to verify a prima Denied? evidence of alien registration. A Form I– facie claim for LIFE Legalization, the 551 will be mailed separately to the applicant will neither be eligible for, nor Whenever an application for alien. entitled to, employment authorization adjustment of status under LIFE or advance parole. If the reasons for the Legalization is denied, the alien, and his How Did the Service Decide That the denial do not include inability to verify or her attorney or representative, shall LIFE Legalization Application Fee application for class membership in the be given written notice stating the Should Be $330? CSS, LULAC, or Zambrano lawsuit or specific reason(s) for the denial. The The Service believes that it is failure to present a prima facie claim for denial shall also contain advice to the reasonable to identify a current LIFE Legalization, and the applicant alien that he or she may appeal the application whose process is similar to appeals the denial and was entitled to decision, and shall provide instructions the requirements outlined under LIFE employment authorization and advance on when and where the appeal must be Legalization in order to select an parole at the time of the decision of filed. The alien shall be advised that he appropriate fee to charge applicants denial, he or she will continue to be or she may submit additional evidence, under LIFE Legalization. Aliens filing eligible to apply for and be entitled to and a supporting brief, with the appeal. LIFE Legalization applications are employment authorization and advance The notice of denial shall additionally applying to adjust their status to that of parole until a final decision is made on provide a notice to the alien that if he LPR. The current Service application his or her appeal. or she fails to file an appeal from the whose process is most similar to the decision, the notice of denial will serve LIFE Legalization process is the Form I– as a final notice of ineligibility. 485, which is currently used by other
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aliens to adjust their status to that of eligible spouse who was married to an The fact that an alien is ineligible for LPR. In developing fees, the Service eligible principal alien on the date of Family Unity benefits under section must comply with guidance provided in enactment, December 21, 2000, but has 1504 of the LIFE Act Amendments the Office of Management and Budget since divorced, should no longer be solely because he or she has reached the (OMB) Circular A–25. This guidance entitled to Family Unity benefits after age of 21 after December 21, 2000, or for directs Federal agencies to charge the the divorce becomes final. On the other other reasons, does not mean that the ‘‘full cost’’ of providing benefits when hand, a newly-married spouse would be alien necessarily will be removed from calculating fees that provide a special able to get Family Unity benefits, if the United States. The Service has in benefit to recipients. Section 6(d) of otherwise eligible, even if he or she was place guidance for the exercise of OMB Circular A–25 defined ‘‘full cost’’ not married to the principal alien on prosecutorial discretion that provide for as including ‘‘all direct and indirect December 21, 2000. the assessment, on a case-by-case basis, costs to any part of the Federal A more difficult issue, however, arises of whether seeking the removal of a Government of providing a good, when an alien ‘‘ages-out’’ when he or particular alien serves a substantial resource, or service.’’ Therefore, the she reaches his or her 21st birthday Federal enforcement interest. Factors to Service referred to its most recent fee because he or she no longer meets the be considered include, among others, review—the FY 2000 ‘‘Immigration Act’s definition of a ‘‘child’’, see 8 humanitarian concerns (including Examinations Fee Account Review.’’ U.S.C. 1101(b)(1). As section 1504(b) of family ties in the United States) and This review conducted an in-depth the LIFE Act Amendments describes an whether there is a legal avenue available analysis of both direct and indirect costs eligible child as an alien who ‘‘is’’ the for the alien to regularize his or her using an activity-based costing unmarried child of an alien described in status if not removed from the United methodology. The fee review identified section 1104(b) of the LIFE Act, it is not States. Whether an alien who is no the current full cost of the Form I–485 apparent from the face of the statutory longer eligible for Family Unity benefits to be $330. The Service determined that language that Family Unity protection is eligible for employment authorization a $330 fee for the Form I–485 would can be extended to aliens who were depends upon whether the alien falls underwrite the Service’s processing and children on December 21, 2000, but who within one of the classes of aliens administrative costs incurred in the ‘‘age-out’’ of the Act’s definition of child authorized employment in 8 CFR Form I–485 adjudication process, such by virtue of reaching their 21st birthday. 274a.12. The Service is also considering as staffing, training of Service Congress’s precise intention is not clear whether to seek clarification of the personnel, and adjudication of in this regard, although the limited scope of the Family Unity benefit as applications. The Service will thus use legislative history available states that applied to ‘‘age-out’’ children through $330 for the fee for LIFE Legalization the objective was to ensure that family statutory amendment. applications until the next biennial fee members ‘‘are treated in the same The LIFE Act Amendments also review, as required by the Chief manner as the family members of those authorize the Attorney General to parole Financial Officers Act of 1990, Public who adjusted their status under IRCA.’’ aliens who are no longer physically Law 101–576, 104 Stat. 2838. The Joint Memorandum Concerning the present in the United States into the Service will make the fee review Legal Immigration Family Equity Act of United States so that they may obtain available to the public upon request. 2000 and the LIFE Act Amendments of benefits under the LIFE Act 2000, 146 Cong. Rec. S11851 (Dec. 15, Amendments Family Unity provisions. LIFE Act Amendments Family Unity 2000). However, the language of section Provisions The Service is in the process of 1504 is different from section 301 of the developing the specific procedures for Eligibility Immigration Act of 1990 (IMMACT 90), implementing this provision of the LIFE Public Law 101–649, 104 Stat. 4978, Act Amendments. As such, the details Who is Eligible for LIFE Act 5029, which specifically referred to Amendments Family Unity Benefits? will be discussed in a separate status as a child as of a particular date rulemaking at a later time. The parole Aliens who might benefit from the in the past. provisions only apply to eligible family Given the need to implement an Family Unity provisions of the LIFE Act members of an alien who has already interpretation of the statute that is Amendments are those who: been granted LIFE Legalization, and do 1. Are currently in the United States; consistent as it applies to both spouses not apply to LIFE Legalization 2. Are the spouse or unmarried child and children, and in view of the applicants or their families. of an alien who is eligible for interpretation of other provisions of the adjustment under LIFE Legalization; immigration laws relating to a child Description of Program and who ‘‘ages-out’’ upon reaching the age What Is the Difference Between the 3. Entered the United States before of 21, the Department interprets section Existing Family Unity Program and the December 1, 1988, and were residing in 1504(b) of the LIFE Act Amendments to the United States on such date. require the requisite familial status (the Family Unity Provisions of the LIFE Act Section 1504 of the LIFE Act spousal or child relationship) both at Amendments? Amendments extends immigration the time when the application for The statutory eligibility requirements benefits to an alien ‘‘who is the spouse Family Unity benefits is adjudicated imposed on aliens in order to qualify for or unmarried child’’ of an alien and thereafter. If the familial status does benefits under the existing Family Unity described in section 1104 of the LIFE not exist at the time of adjudication the Program (FUP) implementing section Act. The LIFE Act Amendments, alien will not be eligible for Family 301 of IMMACT 90, and the LIFE Act however, do not refer to a specific date Unity benefits. If the status as a spouse Amendments Family Unity provisions on which that familial status is to be or child exists at the time of are different. In order to benefit from the determined. Consistent with the adjudication, but ceases to exist FUP, the applicant had to be the spouse purpose of the Family Unity program to thereafter, the alien will no longer be or unmarried child (under the age of 21) provide temporary protection to keep eligible for Family Unity benefits. of an alien who had already adjusted families together that are on a path to Similarly, an alien who ceases to be an status to that of either temporary or legalize their status under the Act, the unmarried child because of the alien’s permanent resident under section 245A Service takes the position that an marriage is no longer eligible. of the Act (8 U.S.C. 1255a). Also, in
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order to qualify, the FUP applicants Ineligible Aliens benefits to that alien. Accordingly, were required to establish entry into the aliens in such circumstance will not be Who Is Ineligible for Family Unity afforded Family Unity benefits. United States before May 5, 1988, Benefits Under the LIFE Act residence on that date, continuous Amendments? Filing residence in the United States since that date, and that a qualifying relationship Pursuant to section 1504(d) of the How Does an Alien Who Is Present in with the legalized alien existed as of LIFE Act Amendments (and by the United States Apply for Benefits May 5, 1988. 8 CFR 236.12. The specific incorporation, section 241(b)(3)(B) of Under the Family Unity Provisions of eligibility requirements for aliens who the Act, 8 U.S.C. 1231(b)(3)(B)), an alien the LIFE Act Amendments? might benefit from the LIFE Act is ineligible for Family Unity benefits if Aliens who are eligible for benefits the Service finds or determines that: Amendments Family Unity provisions under the Family Unity provisions of 1. The alien has been convicted of a the LIFE Act Amendments and who are will be discussed in more detail later in felony or of three or more misdemeanors this interim rule. In general, however, currently residing in the United States in the United States; should file a Form I–817. The Form I– aliens who might benefit from the LIFE 2. The alien has ordered, incited, Act Amendments Family Unity 817 must be submitted by mail to: assisted, or otherwise participated in the United States Immigration and provisions must establish entry into the persecution of an individual because of United States before December 1, 1988, Naturalization Service, Post Office Box the individual’s race, religion, 7219, Chicago, IL 60607–7219. An alien residence in the United States on nationality, membership in a particular December 1, 1988, and that a qualifying who is eligible for benefits under the social group, or political opinion; Family Unity provisions of the LIFE Act relationship with an alien who is 3. The alien has been convicted by a Amendments and files a Form I–817 on eligible for adjustment of status under final judgment of a particularly serious or before May 31, 2002, need only LIFE Legalization currently exists. Thus, crime and is a danger to the community demonstrate that he or she has a while the old FUP is focused on of the United States; qualifying relationship to an alien who 4. There are serious reasons to believe unifying families that were in existence is eligible to apply for LIFE Legalization. that the alien has committed a serious as of May 5, 1988, the Family Unity Any Form I–817 that is filed on or after nonpolitical crime outside the United provisions of the LIFE Act Amendments June 1, 2002 (i.e., after the statutorily serve to benefit only those families that States before the alien arrived in the mandated LIFE Legalization application are in existence after the date of United States; or period has ended), must include 5. There are reasonable grounds to enactment of the LIFE Act evidence that the alien through whom believe that the alien is a danger to the Amendments. the applicant is alleging eligibility for security of the United States. Family Unity benefits has filed a Form Another difference between the two It must be noted that under section I–485 pursuant to LIFE Legalization. If programs is that the current FUP 1504(a)(1) of the LIFE Act Amendments, a Form I–817 is submitted on or before regulations ban FUP beneficiaries from an alien granted Family Unity benefits May 31, 2002, but is not adjudicated receiving Federal financial assistance. under the provisions of the LIFE Act until on or after June 1, 2002, the Specifically, 8 CFR 236.17 states that Amendments may not be removed on Service will request that the applicant any spouse or child who receives certain grounds. The grounds on which submit evidence that the alien through Family Unity benefits through an alien such an alien may not be removed are whom the applicant is alleging who received lawful temporary limited to the following: eligibility for Family Unity benefits has residence, and who was banned from 1. Section 237(a)(1)(A) of the Act (8 filed a Form I–485. When the Form I– receiving certain public welfare U.S.C. 1227(a)(1)(A)) (aliens who were 817 is filed, the alien must include: assistance for a period of 5 years inadmissible at the time of entry or 1. The required fee of $120.00; pursuant to section 245A(h) of the Act, adjustment of status), except that the 2. Four photographs as described in is similarly banned from receiving alien may be removed if he or she is the Form I–817 instructions; certain public welfare assistance. The inadmissible because of a ground listed 3. Documentary evidence of his or her LIFE Act explicitly states that section in section 212(a)(2) (criminal and qualifying relationship to the alien 245A(h) of the Act does not apply to related grounds) or in section 212(a)(3) eligible for adjustment of status under aliens adjusting status under LIFE (security and related grounds) of the LIFE Legalization; Legalization. The inapplicability of Act; 4. Documentary evidence of his or her section 245A(h) of the Act to aliens 2. Section 237(a)(1)(B) of the Act entry into the United States prior to adjusting status under LIFE (aliens present in the United States in December 1, 1988; Legalization, however, does not mean violation of the Act or any other law of 5. Documentary evidence of his or her the United States); that they are generally eligible for all residence in the United States on 3. Section 237(a)(1)(C) of the Act December 1, 1988; public benefits. The Personal (aliens who violated their nonimmigrant Responsibility and Work Opportunity 6. Documentary evidence that his or status or violated the conditions of her spouse or parent applied for class Reconciliation Act of 1996, Public Law entry); or membership in the CSS, LULAC, or 104–193, 110 Stat. 2105, as amended, 4. Section 237(a)(3)(A) of the Act Zambrano lawsuit before October 1, limits the eligibility of lawful (aliens who failed to comply with the 2000; permanent residents and other change of address notification 7. If the Form I–817 is filed on or after ‘‘qualified aliens,’’ as defined by the requirements). June 1, 2002, documentary evidence welfare reform law, for certain Federal, Consistent with the existing that his or her spouse or parent has filed state, and local means-tested public regulations implementing section 301 of a Form I–485 seeking adjustment of benefits. 8 U.S.C. 1601 through 1625. IMMACT 90, if an alien is removable on status under LIFE Legalization; and Individuals are encouraged to contact a ground that is not protected by section 8. When required, a fingerprint fee of the relevant benefit-granting agency for 1504(a)(1) of the LIFE Act Amendments, $25.00. information about their eligibility for the Service finds that it would be The instructions to the Form I–817 public benefit programs. inappropriate to grant Family Unity provide examples of documents that can
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be submitted by an individual to prove Is the Grant of Family Unity Benefits 4. Failure of the alien, upon whose eligibility under these provisions. The Under the LIFE Act Amendments a status LIFE Act Family Unity benefits instructions also advise under what Period of Authorized Stay Such That the are based, to apply for LIFE Legalization circumstances a fingerprint fee is Beneficiary Is Not Accruing Unlawful within the statutory application period; required. Presence Within the Scope of Section 5. The alien, upon whose status LIFE 212(a)(9)(B) of the Act? Act Family Unity benefits are based, Will the Family Unity Applicants Be Yes, if an applicant is granted Family loses his or her status as a LPR; Required To Appear for an Interview? 6. A qualifying relationship to the Unity benefits pursuant to the LIFE Act alien, upon whose status LIFE Act Amendments, he or she will be deemed Not every applicant under the Family Family Unity benefits are based, no to have received an authorized period of Unity provisions of the LIFE Act longer exists. Amendments will be required to appear stay approved by the Attorney General. The LIFE Act Amendments do not before a Service officer for an interview. Such authorized period of stay will be specifically address the subject of If, however, a Service officer believes deemed to begin as of the date the Form termination. However, the reference in I–817 was filed. Accordingly, a Family that an interview would be necessary to section 1504(a)(2) of the LIFE Act Unity beneficiary will not accrue Amendments to ‘‘the period of time in review evidence of the applicant’s unlawful presence as long as he or she eligibility, then one will be scheduled. which protection is provided,’’ and the retains Family Unity protection. If, general principle that an agency can act The Family Unity applicant would be however, a beneficiary under the Family notified in writing of the time and place through regulation to fill gaps in a Unity provisions of the LIFE Act statute in a way that reasonably gives of the interview. Amendments has his or her benefits effect to the statutory scheme and terminated by the Service, the former How Will a Family Unity Applicant avoids absurd results, support the Family Unity beneficiary will begin Know That a Final Determination has Service’s rulemaking to ensure, for accruing unlawful presence Been Made on His or Her Form I–817? example, that a benefit that is immediately from the date of such improvidently granted as a result of termination. The Service will notify the applicant fraud may be withdrawn. The grounds in writing of any decision made on the Travel Outside the United States for termination include situations in Form I–817. If the Form I–817 is which the principal alien does not Is a Family Unity Applicant Allowed To approved, the Family Unity beneficiary apply, or is found ineligible for will be so notified and will receive an Travel Outside the United States While the Form I–817 Is Pending? legalization. As the very name ‘‘Family employment authorization document Unity’’ implies, a protection that is (EAD). The EAD will be valid for 1 year. No, any applicant who departs the derivatively based upon another alien If the Form I–817 is denied, the Family United States while his or her Form I– who has an opportunity to legalize his Unity applicant will be so notified. 817 is pending will be deemed to have or her status, no longer carries out the There is no appeal from the denial of a abandoned the application and the reasonable statutory intention if that Form I–817. application will be denied. If a Form I– alien is ineligible to legalize and lacks 817 is approved, the Family Unity protection from removal. Rather, this Will a Family Unity Beneficiary Receive beneficiary will be allowed to travel to would place the derivative family Automatic Extensions of His or Her EAD and from the United States provided he members in a more advantageous at the End of the 1-Year Period? or she applies for advance parole, using immigration position than the principal Form I–131, before departing the United alien, yet in a limbo situation in which No, the Service will not automatically States. they could not be removed on certain extend a Family Unity beneficiary’s grounds of deportation but would not EAD upon its expiration. The Service is Termination of Family Unity Benefits have any prospect of adjusting their in the process of finalizing procedures Can an Alien’s Family Unity Benefits status to lawful permanent residence. that must be followed by all Family Ever Be Terminated? The rule avoids this absurd result by Unity beneficiaries to extend their Yes, the Service may terminate filling the gap in the LIFE Act EADs. These procedures will be Family Unity benefits whenever the Amendments by providing reasonable discussed in a separate rulemaking at a necessity for such action comes to the bases and procedures for termination. later time. attention of the Service. The following bases of termination are founded upon What Is the Termination Process? Protection From Removal and Eligibility the grounds of ineligibility for Family If the Service determines that an alien for Employment Unity benefits discussed earlier in this who received benefits pursuant to the Is a Family Unity Applicant Entitled to interim rule. These grounds for LIFE Act Amendments Family Unity Employment Authorization While the termination include, but are not limited provisions is no longer eligible for such Form I–817 Is Pending? to: benefits, the alien will be advised in 1. A determination is made that writing of such determination. The alien No, the initial filing of a Form I–817 Family Unity benefits were acquired as will be advised of the Service’s intent to does not entitle the applicant to the result of fraud or willful terminate and of the reason(s) thereof. employment authorization from the misrepresentation of a material fact; The alien will be given 30 days to Service. If and when the applicant’s 2. The Family Unity beneficiary respond to the notice of intent to initial Form I–817 is approved, the alien commits an act or acts which render terminate and to submit evidence in his will receive Family Unity benefits him or her ineligible for benefits under or her behalf. The alien will then be prescribed by law, including the LIFE Act Amendments Family Unity advised in writing of the Service’s final employment authorization. provisions; or determination. 3. The alien, upon whose status LIFE Act Family Unity benefits are based, is Congressional Review Act issued a final determination of Although this rule falls under the ineligibility for LIFE Legalization; category of major rule as that term is
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defined in 5 U.S.C. 804(2)(A), the Accordingly, prior notice and public The Service projects that in fiscal year Department finds that under 5 U.S.C. comment on this interim rule is 2003, a total of 328,000 applications 808(2) good cause exists for unnecessary and contrary to the public will be submitted as follows: implementation of this rule on June 1, interest. 100,000 Forms I–130; 2001. The reason for immediate 20,000 Forms I–131; Regulatory Flexibility Act implementation is as follows: The 200,000 Forms I–765; and provisions of Public Law 106–553, The Attorney General, in accordance 8,000 Forms I–817. with the Regulatory Flexibility Act (5 which was enacted on December 21, Executive Order 12866 2000, require that the Service publish U.S.C. 605(b)), has reviewed this implementing regulations not later than regulation and, by approving it, certifies This rule is considered by the 120 days after the date that Public Law that this rule will not have a significant Department of Justice to be a 106–553 was enacted. Accordingly, the economic impact on a substantial ‘‘significant regulatory action’’ under Service is required to issue regulations number of small entities because of the Executive Order 12866, section 3(f), immediately. Moreover, because the following factors. The rule applies to Regulatory Planning and Review. application period prescribed under the individuals, not small entities, and Accordingly, this regulation has been LIFE Act for eligible aliens to apply for allows certain class action participants submitted to the Office of Management adjustment under section 245A of the who entered before January 1, 1982, to and Budget for review. Act, as modified by Public Law 106– apply for adjustment of status. It, Executive Order 13132 553, does not begin until the Attorney therefore, has no effect on small entities General issues this regulation, and given as that term is defined in 5 U.S.C. This regulation will not have the public interest in providing these 601(6). substantial direct effects on the States, important benefits and protections, the on the relationship between the Attorney General has determined to Unfunded Mandates Reform Act of National Government and the States, or issue this regulation as an interim final 1995 on the distribution of power and rule, effective immediately. This rule will not result in the responsibilities among the various expenditure by State, local and tribal levels of government. Therefore, in Interim Rule Justification governments, in the aggregate, or by the accordance with section 6 of Executive The Service is implementing this rule private sector, of $100 million or more Order 13132, it is determined that this on an interim final basis with a request in any 1 year, and it will not rule does not have sufficient federalism for post promulgation comments. The significantly or uniquely effect small implications to warrant the preparation provisions of Public Law 106–553 governments. Therefore, no actions were of a federalism summary impact require that the Attorney General issue deemed necessary under the provisions statement. implementing regulations no later than of the Unfunded Mandates Reform Act Executive Order 12988: Civil Justice 120 days after the date that the of 1995. legislation was enacted on December 21, Reform 2000. Moreover, section 245A(g)(3) of Small Business Regulatory Enforcement This interim rule meets the applicable the Act (8 U.S.C. 1255a(g)(3)), which Fairness Act of 1996 standards set forth in sections 3(a) and was not modified by Public Law 106– This rule is a major rule as defined by 3(b)(2) of Executive Order 12988. 553, provides that regulations issued section 251 of the Small Business Family Assessment pursuant to section 245A of the Act may Regulatory Enforcement Act of 1996 (5 be prescribed to take effect on an U.S.C. 804). This rule will result in an The Attorney General has reviewed interim final basis if the Attorney effect on the economy of: this regulation and has determined that General determines that it is necessary $152,379,000 for 2001; it may affect family well-being as that in order to implement that section in a $77,352,000 for 2002; and term is defined in section 654 of the timely manner. Because the application $34,260,000 for 2003. Treasury General Appropriations Act, period prescribed under the LIFE Act This increase is directly associated 1999, Public Law 105–277, 112 Stat. for eligible aliens to apply for with the expected increase in the 2681, Div. A. Accordingly, the Attorney adjustment under section 245A of the number of applications as a result of General has assessed this action in Act, as modified by Public Law 106– Public Laws 106–553 and 106–554, and accordance with the criteria specified by 553, does not begin until the Attorney the increase in fee that is provided for section 654 (c)(1). In this rule, the General issues this regulation, and given in section 245A(c)(7) of the Act (8 Family Unity provisions of the LIFE Act the public interest in providing these U.S.C. 1255a(c)(7)). The Service projects Amendments positively affect the important benefits and protections, the that in fiscal year 2001, a total of stability of the family by providing a Attorney General has determined that 789,000 applications will be submitted means for the family unit to remain timely implementation of the LIFE because of the LIFE Act Legalization intact. Legalization program requires the and Family Unity provisions as follows: Paperwork Reduction Act of 1995 issuance of this regulation on an interim 300,000 Forms I–485; final basis. 150,000 Forms I–131; This rule provides for the use of a 15,000 Forms I–193; new Form I–485 Supplement D and the Good Cause Exception 300,000 Forms I–765; and revision of Form I–817. These forms are The foregoing statutory provisions 24,000 Forms I–817. considered information collection notwithstanding, the Department also The Service projects that in fiscal year requirements under the Paperwork finds that this regulation falls within the 2002, a total of 568,000 applications Reduction Act. Since the Service was ‘‘good cause’’ exception found at 5 will be submitted as follows: required to publish regulations U.S.C. 553(b)(3)(B) and (d)(3) as the 100,000 Forms I–485; implementing Public Law 106–553 immediate effectiveness of this rule is 55,000 Forms I–131; within 120 days after enactment, the necessary in order to allow aliens to 5,000 Forms I–193; Service has requested and received apply for these important benefits and 400,000 Forms I–765; and emergency review and clearance by the protections at their earliest opportunity. 8,000 Forms I–817. Office of Management and Budget
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(OMB) in accordance with the Additionally, comments regarding 1356; 31 U.S.C. 9701; E.O. 12356; 47 FR Paperwork Reduction Act. The this burden estimate or any aspect of 14874, 15557; 3 CFR, 1982 Comp., p. 166; 8 emergency approval is only valid for these information collection CFR part 2. 180 days. requirements, including suggestions for 4. Section 103.2 is amended by A regular review of this information reducing the burden, should be directed revising the first sentence in paragraph will also be undertaken. Written to the Immigration and Naturalization (a)(7)(i), to read as follows: comments are encouraged and will be Service, Policy Directives and accepted until July 31, 2001. Submit Instructions Branch, 425 I Street, N.W., § 103.2 Applications, petitions, and other comments to: Immigration and Room 4034, Washington, DC 20536; documents. Naturalization Service, Policy Directives Attention: Richard A. Sloan, Director, * * * * * and Instructions Branch, 425 I Street 202–514–3291. NW, Room 4034, Washington, DC (a) * * * List of Subjects 20536. Your comments should address (7) * * * one or more of the following points. 8 CFR Part 100 1. Evaluate whether the proposed (i) General. An application or petition collection of information is necessary Organization of functions received in a Service office shall be for the proper performance of the (Government agencies). stamped to show the time and date of functions of the agency, including 8 CFR Part 103 actual receipt and, unless otherwise whether the information will have specified in part 204 or part 245 or part Administrative practice and practical utility; 245a of this chapter, shall be regarded 2. Evaluate the accuracy of the procedure, Authority delegations as properly filed when so stamped, if it agency’s estimate of the burden of the (Government agencies), Freedom of is signed and executed and the required proposed collection of information, information, Privacy, Reporting and filing fee is attached or a waiver of the recordkeeping requirements, Surety including the validity of the filing fee is granted. * * * bonds. methodology and assumptions used; * * * * * 3. Enhance the quality, utility, and 8 CFR Part 236 clarity of the information to be 5. Section 103.7 is amended by collected; and Administrative practice and adding a sentence at the end of the entry 4. Minimize the burden of the procedure, Aliens, Immigration. for ‘‘Form I–485’’ in paragraph (b)(1), to collection of information on those who 8 CFR Part 245a read as follows: are to respond, including through the use of appropriate automated, Aliens, Immigration, Reporting and § 103.7 Fees. electronic, mechanical, or other recordkeeping requirements. * * * * * technological collection techniques or 8 CFR Part 274a (b) * * * other forms of information technology, Administrative practice and (1) * * * e.g., permitting electronic submission of procedures, Aliens, Employment, * * * * * responses. Penalties, Reporting and recordkeeping The Service, in calculating the overall requirements. Form I–485. * * * All applicants burden the Form I–485 supplement D filing for adjustment under LIFE requirement will place on the public, 8 CFR Part 299 Legalization (Public Law 106–553) must estimates that approximately 400,000 Immigration, Reporting and pay $330.00. applicants will apply for adjustment of recordkeeping requirements. status under LIFE Legalization. The * * * * * Accordingly, chapter I of title 8 of the Service has estimated that it takes Code of Federal Regulations is amended applicants five and one quarter (5.25) PART 236—APPREHENSION AND as follows: hours to complete Form I–485. The DETENTION OF INADMISSIBLE AND Service also estimates that it will take DEPORTABLE ALIENS; REMOVAL OF PART 100—STATEMENT OF ALIENS ORDERED REMOVED the applicants approximately one (1) ORGANIZATION additional hour to complete the Form I– 485 with the supplement D. As such, 1. The authority citation for part 100 6. The authority citation for part 236 the Service estimates that it will take the continues to read as follows: continues to read as follows: applicants a total of six and one quarter Authority: 8 U.S.C. 1103; 8 CFR part 2. Authority: 8 U.S.C. 1103, 1182, 1224, 1225, (6.25) hours to complete the LIFE 1226, 1227, 1362; sec. 303(b) of Div. C of Pub. § 100.4 [Amended] Legalization application. This amounts L. No. 104–208; 8 CFR part 2. to 2.5 million total annual burden hours 2. Section 100.4 is amended in for the collection of this information. paragraph (e) by adding the entry for the 7. Section 236.14(a) is amended by The Service, in calculating the overall ‘‘Missouri Service Center, Lee’s Summit, revising the second sentence to read as burden the revised Form I–817 Missouri’’ immediately after the entry follows: requirement will place on the public, for ‘‘Vermont Service Center, St. Albans, § 236.14 Filing. estimates that approximately 40,000 Vermont’’. applicants will apply for Family Unity (a) * * * A Form I–817, Application benefits under the LIFE Act PART 103—POWERS AND DUTIES OF for Family Unity Benefits, must be filed Amendments. The Service also SERVICE OFFICERS; AVAILABILITY with the correct fee required in estimates that it will take the applicants OF SERVICE RECORDS § 103.7(b)(1) of this chapter and the approximately two and one half (2.5) required supporting documentation. 3. The authority citation for part 103 hours to complete the application. This *** amounts to 100,000 total annual burden continues to read as follows: * * * * * hours for the collection of this Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. information. 1101, 1103, 1201, 1252 note, 1252b, 1304,
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PART 245a—ADJUSTMENT OF filing fee, pursuant to a court order (3) Is registered or registering under STATUS TO THAT OF PERSONS issued in the case of: the Military Selective Service Act, if the ADMITTED FOR LAWFUL (1) Catholic Social Services, Inc. v. alien is required to be so registered; and TEMPORARY OR PERMANENT Meese, vacated sub nom. Reno v. (e) He or she can demonstrate basic RESIDENT STATUS UNDER SECTION Catholic Social Services, Inc., 509 U.S. citizenship skills. 245a OF THE IMMIGRATION AND 43 (1993) (CSS); NATIONALITY ACT (2) League of United Latin American § 245a.12 Filing and applications. Citizens v. INS, vacated sub nom. Reno (a) When to file. The application 8. The authority citation for part 245a v. Catholic Social Services, Inc., 509 period begins on June 1, 2001, and ends continues to read as follows: U.S. 43 (1993) (LULAC); or on May 31, 2002. To benefit from the Authority: 8 U.S.C. 1101, 1103, 1255a, and (3) Zambrano v. INS, vacated, 509 provisions of LIFE Legalization, an alien 1255a note. U.S. 918 (1993) (Zambrano). must properly file an application for 9. Sections 245a.1 through 245a.5 are Lawful Permanent Resident (LPR) adjustment of status, Form I–485, with designated as Subpart A. means the status of having been appropriate fee, to the Service during 10. The heading for Subpart A is lawfully accorded the privilege of this 1-year application period as added to read: residing permanently in the United described in this section. All States as an immigrant in accordance applications, whether filed in the Subpart A—Immigration Reform and with the immigration laws, such status United States or filed from abroad, must Control Act of 1986 (IRCA) Legalization not having changed. be postmarked on or before May 31, Provisions LIFE Act means the Legal Immigration 2002, to be considered timely filed. Family Equity Act and the LIFE Act (1) If the postmark is illegible or 11. Subparts B and C are added to Amendments of 2000. missing, and the application was mailed read as follows: LIFE Legalization means the from within the United States, the Subpart B—Legal Immigration Family provisions of section 1104 of the LIFE Service will consider the application to Equity (LIFE) Act Legalization Provisions Act and section 1503 of the LIFE Act be timely filed if it is received on or Amendments. before June 3, 2002. Sec. Prima facie means eligibility is 245a.10 Definitions. (2) If the postmark is illegible or 245a.11 Eligibility to adjust to LPR status. established if an ‘‘eligible alien’’ missing, and the application was mailed 245a.12 Filing and applications. presents a properly filed and completed from outside the United States, the 245a.13 During pendency of application. Form I–485 and specific factual Service will consider the application to 245a.14 Application for class membership information which in the absence of be timely filed if it is received on or in the CSS, LULAC, or Zambrano rebuttal will establish a claim of before June 14, 2002. lawsuit. eligibility under this Subpart B. (3) If the postmark is made by other 245a.15 Continuous residence in an unlawful status since prior to January 1, § 245a.11 Eligibility to adjust to LPR than the United States Post Office, and 1982, through May 4, 1988. status. is filed from within the United States, 245a.16 Continuous physical presence from An eligible alien, as defined in the application must bear a date on or November 6, 1986, through May 4, 1988. § 245a.10, may adjust status to LPR before May 31, 2002, and must be 245a.17 Citizenship skills. status under LIFE Legalization if: received on or before June 3, 2002. 245a.18 Ineligibility and applicability of (4) If an application filed from within grounds of inadmissibility. (a) He or she properly files, with fee, Form I–485, Application to Register the United States bears a postmark that 245a.19 Interviews. was made by other than the United 245a.20 Decisions, appeals, motions, and Permanent Residence or Adjust Status, certifications. with the Service during the application States Post Office, bears a date on or 245a.21 Confidentiality. period beginning June 1, 2001, and before May 31, 2002, and is received 245a.22 Rescission. ending May 31, 2002; after June 3, 2002, the alien must 245a.23 through 245a.29 [Reserved] (b) He or she entered the United establish: (i) That the application was actually Subpart C—LIFE Act Amendments Family States before January 1, 1982, and Unity Provisions resided continuously in the United deposited in the mail before the last States in an unlawful status since that collection of the mail from the place of 245a.30 Description of program. deposit which was postmarked by the 245a.31 Eligibility. date through May 4, 1988; 245a.32 Ineligible aliens. (c) He or she was continuously United States Post Office May 31, 2002; 245a.33 Filing. physically present in the United States and 245a.34 Protection from removal, eligibility during the period beginning on (ii) That the delay in receiving the for employment, and period of November 6, 1986, and ending on May application was due to a delay in the authorized stay. 4, 1988; transmission of the mail; and 245a.35 Travel outside the United States. (d) He or she is not inadmissible to (iii) The cause of such delay. 245a.36 [Reserved] the United States for permanent (5) If an application filed from within 245a.37 Termination of Family Unity the United States bears both a postmark Program benefits. residence under any provisions of section 212(a) of the Act, except as that was made by other than the United Subpart B—Legal Immigration Family provided in § 245a.18, and that he or States Post Office and a postmark that Equity (LIFE) Act Legalization she: was made by the United States Post Provisions (1) Has not been convicted of any Office, the Service shall disregard the felony or of three or more misdemeanors postmark that was made by other than § 245a.10 Definitions. committed in the United States; the United States Post Office. In this Subpart B, the terms: (2) Has not assisted in the persecution (6) If an application filed from abroad Eligible alien means an alien who, of any person or persons on account of bears both a foreign postmark and a before October 1, 2000, filed with the race, religion, nationality, membership postmark that was subsequently made Attorney General a written claim for in a particular social group, or political by the United States Post Office, the class membership, with or without opinion; and Service shall disregard the postmark
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that was made by the United States Post removal, may apply to the Service for for the requisite periods, is admissible Office. LIFE Legalization adjustment. to the United States under the (7) In all instances, the burden of (c) Filing of applications from outside provisions of section 212(a) of the Act, proof is on the applicant to establish the United States. An applicant for LIFE and is otherwise eligible for adjustment timely filing of an application for LIFE Legalization may file an application for of status under this Subpart B. The Legalization. LIFE Legalization from abroad. An inference to be drawn from the (b) Filing of applications in the United application for LIFE Legalization filed documentation provided shall depend States. The Service has jurisdiction over from outside the United States shall be on the extent of the documentation, its all applications for the benefits of LIFE submitted by mail to the Service credibility and amenability to Legalization under this Subpart B. All according to the instructions on the verification as set forth in paragraph (f) applications filed with the Service for application. The Missouri Service of this section. the benefits of LIFE Legalization must Center Director shall have jurisdiction (f) Evidence. The sufficiency of all be submitted by mail to the Service. over all applications filed with the evidence produced by the applicant will After proper filing of the application, Service for LIFE Legalization adjustment be judged according to its probative the Service will instruct the applicant to of status. After reviewing the value and credibility. To meet his or her appear for fingerprinting as prescribed application and all evidence with the burden of proof, an applicant must in § 103.2(e) of this chapter. The application, the Service shall notify the provide evidence of eligibility apart Director of the Missouri Service Center applicant of any further requests for from his or her own testimony. In shall have jurisdiction over all evidence regarding the application and, judging the probative value and applications filed with the Service for if eligible, how an interview will be credibility of the evidence submitted, LIFE Legalization adjustment of status, conducted. greater weight will be given to the unless the Director refers the applicant (d) Application and supporting submission of original documentation. for a personal interview at a local documentation. Each applicant for LIFE (g) Secondary evidence. Except as Service office as provided in § 245a.19. Legalization adjustment of status must otherwise provided in this paragraph, if (1) Aliens in exclusion, deportation, file Form I–485. An applicant should the primary evidence required in this or removal proceedings, or who have a complete Part 2 of Form I–485 by Subpart B is unavailable, church or pending motion to reopen or motion to checking box ‘‘h—other’’ and writing school records, or other secondary reconsider. An alien who is prima facie ‘‘LIFE Legalization’’ next to that block. evidence pertinent to the facts in issue, eligible for adjustment of status under Each application must be accompanied may be submitted. If such documents LIFE Legalization who is in exclusion, by: are unavailable, statements or other deportation, or removal proceedings (1) The $330 application fee. relevant documents may be submitted. before the Immigration Court or the (2) The $25 fee for fingerprinting if In adjudicating the application for LIFE Board of Immigration Appeals (Board), the applicant is between the ages of 14 Legalization adjustment of status, the or who is awaiting adjudication of a and 75. Service shall determine the weight to be motion to reopen or motion to (3) Evidence to establish identity, given such secondary evidence. reconsider filed with the Immigration such as a passport, birth certificate, any Secondary evidence may not be Court of the Board, may request that the national identity document from the submitted in lieu of the documentation proceedings be administratively closed alien’s country of origin bearing photo specified in paragraph (d)(3) of this or that the motion filed be indefinitely and fingerprint, driver’s license or section. However, subject to verification continued, in order to allow the alien to similar document issued by a state if it by the Service, if the evidence required pursue a LIFE Legalization application contains a photo, or baptismal record/ to be submitted by the applicant is with the Service. In the request to marriage certificate. already contained in the Service’s file (4) A completed Form G–325A, administratively close the matter or relating to the applicant, the applicant Biographic Information Sheet, if the indefinitely continue the motion, the may submit a statement to that effect in applicant is between the ages of 14 and alien must include documents lieu of the actual documentation. 79. demonstrating prima facie eligibility for (5) A report of medical examination, § 245a.13 During pendency of application. the relief, and proof that the application as specified in § 245.5 of this chapter. (a) In general. When an eligible alien for relief had been properly filed with (6) Two photographs, as described in in the United States submits a prima the Service as prescribed in this section. the instructions to Form I–485. facie application for adjustment of With the concurrence of Service (7) Proof of application for class status under LIFE Legalization during counsel, if the alien appears eligible to membership in CSS, LULAC, or the application period, until a final file for relief under LIFE Legalization, Zambrano class action lawsuits as determination on his or her application the Immigration Court or the Board, described in § 245a.14. has been made, the applicant: whichever has jurisdiction, shall (8) Proof of continuous residence in (1) May not be deported or removed administratively close the proceeding or an unlawful status since prior to January from the United States; continue the motion indefinitely. 1, 1982, through May 4, 1988, as (2) Is authorized to engage in (2) If an alien has a matter before the described in § 245a.15. employment in the United States and is Immigration Court or the Board that has (9) Proof of continuous physical provided with an ‘‘employment been administratively closed for reasons presence from November 6, 1986, authorized’’ endorsement or other unrelated to this Subpart B, the alien through May 4, 1988, as described in appropriate work permit; and may apply before the Service for LIFE § 245a.16. (3) Is allowed to travel and return to Legalization adjustment of status. (10) Proof of citizenship skills as the United States as described at (3) Aliens with final orders of described in § 245a.17. paragraph (e) of this section. Any exclusion, deportation, or removal. An (e) Burden of proof. An alien applying domestic LIFE Legalization applicant alien, who is prima facie eligible for for adjustment of status under this part who departs the United States while his adjustment of status under LIFE has the burden of proving by a or her application is pending without Legalization, and who is subject to a preponderance of the evidence that he advance parole may be denied re- final order of exclusion, deportation, or or she has resided in the United States admission to the United States as
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described at paragraph (e) of this authorization pursuant to LIFE (i) He or she filed an application for section. Legalization until he or she has adjustment pursuant to LIFE (b) Determination of filing of claim for submitted a prima facie application for Legalization during the application class membership. With respect to each adjustment of status under this Subpart period that presented a prima facie LIFE Legalization application for B. If the Service finds that additional claim to adjustment of status under LIFE adjustment of status that is properly evidence is required from the alien in Legalization; and, filed under this Subpart B during the order to establish prima facie eligibility (ii) His or her absence was either a application period, the Service will first for LIFE Legalization, the Service shall brief and casual trip consistent with an determine whether or not the applicant request such evidence from the alien in intention on the alien’s part to pursue is an ‘‘eligible alien’’ as defined under writing. Nothing in this section shall § 245a.10 of this Subpart B by virtue of preclude an applicant for adjustment of his or her LIFE Legalization adjustment having filed with the Service a claim of status under LIFE Legalization from application, or was a brief temporary class membership in the CSS, LULAC, being granted an initial employment trip that occurred because of the alien’s or Zambrano lawsuit before October 1, authorization or an extension of need to tend to family obligations 2000. If the Service’s records indicate, employment authorization under any relating to a close relative’s death or or if the evidence submitted by the other provision of law or regulation for illness or similar family need. A single applicant with the application which the alien may be eligible. absence from the United States of more establishes, that the alien had filed the (e) Travel while the application is than thirty (30) days or an aggregate of requisite claim of class membership pending. This paragraph is authorized all absences exceeding ninety (90) days before October 1, 2000, then the Service by section 1104(c)(3) of the LIFE Act shall not be deemed to be a brief and will proceed to adjudicate the relating to the ability of an alien to casual trip unless the alien can establish application under the remaining travel abroad and return to the United that due to emergent reasons, his or her standards of eligibility. States while his or her LIFE Legalization return to the United States could not be (c) Prima facie eligibility. Unless the adjustment application is pending. accomplished within the time period(s) Service has evidence indicating Parole authority is granted to the allowed. ineligibility due to criminal grounds of Missouri Service Center Director for the (4) An applicant for LIFE Legalization inadmissibility, an application for purposes described in this section and benefits who applies for admission into adjustment of status shall be treated as may only be exercised pursuant to the the United States shall not be subject to a prima facie application during the standards prescribed in section the provisions of section 212(a)(9)(B) of pendency of application, until the 212(d)(5) of the Act. Nothing in this the Act. Service has made a final determination section shall preclude an applicant for on the application, if: adjustment of status under LIFE (5) Denial of admission under this (1) The application was properly filed Legalization from being granted advance section is not a denial of the alien’s under this Subpart B during the parole or admission into the United application for adjustment. The alien application period; and States under any other provision of law may continue to pursue his or her (2) The applicant establishes that he or regulation for which the alien may be application for adjustment from abroad, or she filed the requisite claim for class eligible. and may also appeal any denial of such membership in the CSS, LULAC, or (1) An applicant for LIFE Legalization application from abroad. Such Zambrano lawsuit. benefits applying from the United States application shall be adjudicated in the (d) Authorization to be employed in should file, with his or her application same manner as other applications filed the United States while the application for adjustment, a Form I–131, from abroad. is pending. Application for Travel Document, with (f) Stay of final order of exclusion, (1) Application for employment fee as set forth in § 103.7(b)(1) of this deportation, or removal. The filing of a authorization. An applicant for chapter. The Service shall approve the LIFE Legalization adjustment adjustment of status under LIFE Form I–131 and issue an advance parole Legalization who wishes to obtain document, unless the Service finds that application on or after June 1, 2001, and initial or continued employment the alien’s application does not on or before May 31, 2002, stays the authorization during the pendency of establish a prima facie claim to execution of any final order of the adjustment application must file a adjustment of status under LIFE exclusion, deportation or removal. This Form I–765, Application for Legalization. stay shall remain in effect until there is Employment Authorization, with the (2) If an alien travels abroad and a final decision on the LIFE Legalization Service, including the fee as set forth in returns to the United States with a grant application, unless the district director § 103.7(b)(1) of this chapter. The of advance parole, the Service shall who intends to execute the order makes applicant may submit Form I–765 either presume that the alien is entitled to a formal determination that the concurrently with or subsequent to the return under section 1104(c)(3)(B) of the applicant does not present a prima facie filing of the application for adjustment LIFE Act, unless, in a removal or claim to LIFE Legalization eligibility of status benefits on Form I–485. expedited removal proceeding, the pursuant to §§ 245a.18(a)(1) or (a)(2), or (2) Adjudication and issuance. Until Service shows by a preponderance of §§ 245.18a(c)(2)(i), (c)(2)(ii), or (c)(2)(iii), a final determination on the application the evidence, that one or more of the and serves the applicant with a written has been made, an eligible alien who provisions of § 245a.11(d) makes the decision explaining the reason for this submits a prima facie application for alien ineligible for adjustment of status determination. Any such stay adjustment of status under this Subpart under LIFE Legalization. determination by the district director is B shall be authorized to engage in (3) If an alien travels abroad and not appealable. Neither an Immigration employment in the United States and be returns without a grant of advance Judge nor the Board has jurisdiction to provided with an ‘‘employment parole, he or she shall be denied adjudicate an application for stay of authorized’’ endorsement or other admission and shall be subject to execution of an exclusion, deportation, appropriate work permit in accordance removal or expedited removal unless or removal order, on the basis of the with § 274a.12(c)(24) of this chapter. An the alien establishes, clearly and beyond alien’s having filed a LIFE Legalization alien shall not be granted employment doubt, that: adjustment application.
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§ 245a.14 Application for class the application for LIFE Legalization unlawful. Any absence of mandatory membership in the CSS, LULAC, or evidence establishing that he or she annual and/or quarterly registration Zambrano lawsuit. entered the United States before January reports from Federal Government files The Service will first determine 1, 1982, and resided in continuous does not warrant a finding that the whether an alien filed a written claim unlawful status since that date through alien’s unlawful status was known to for class membership in the CSS, May 4, 1988. the Government. LULAC, or Zambrano lawsuit as (b) Evidence. (i) A or G nonimmigrants. An eligible reflected in the Service’s indices, a (1) A list of evidence that may alien who entered the United States for review of the alien’s administrative file establish an alien’s continuous duration of status (D/S) in one of the with the Service, and by all evidence residence in the United States can be following nonimmigrant classes, A–1, provided by the alien. An alien must found at § 245a.2(d)(3). A–2, G–1, G–2, G–3 or G–4, whose provide with the application for LIFE (2) The following evidence may qualifying employment terminated or Legalization evidence establishing that, establish an alien’s unlawful status in who ceased to be recognized by the before October 1, 2000, he or she was a the United States: Department of State as being entitled to class member applicant in the CSS, (i) Form I–94, Arrival-Departure such classification prior to January 1, LULAC, or Zambrano lawsuit. An alien Record; 1982. A dependent family member may should include as many forms of (ii) Form I–20A–B, Certificate of be considered a member of this class if evidence as the alien has available to Eligibility for Nonimmigrant (F–1) the dependent family member was also him or her. Such forms of evidence Student Status—For Academic and in A or G status when the principal A include, but are not limited to: Language Students; or G alien’s status terminated or ceased (a) An Employment Authorization (iii) Form IAP–66, Certificate of to be recognized by the Department of Document (EAD) or other employment Eligibility for Exchange Visitor Status; State. (iv) A passport; or document issued by the Service (ii) F nonimmigrants. An eligible alien (v) Nonimmigrant visa(s) issued to the pursuant to the alien’s class who entered the United States for D/S membership in the CSS, LULAC, or alien. (c) Continuous residence. An alien in one of the following nonimmigrant Zambrano lawsuit (if a photocopy of the classes, F–1 or F–2, who completed a EAD is submitted, the alien’s name, A- shall be regarded as having resided continuously in the United States if: full course of study, including practical number, issuance date, and expiration training, and whose time period, if any, date should be clearly visible); (1) No single absence from the United States has exceeded forty-five (45) days, to depart the United States after (b) Service document(s) addressed to completion of study expired prior to the alien, or his or her representative, and the aggregate of all absences has not exceeded one hundred and eighty (180) January 1, 1982. A dependent F–2 alien granting or denying the class otherwise eligible who was admitted membership, which includes date, days between January 1, 1982, and May 4, 1988, unless the alien can establish into the United States with a specific alien’s name and A-number; time period, as opposed to duration of (c) The questionnaire for class that due to emergent reasons, his or her return to the United States could not be status, documented on Form I–94, member applicant under CSS, LULAC, Arrival-Departure Record, that extended or Zambrano submitted with the class accomplished within the time period allowed; beyond January 1, 1982, is considered membership application, which eligible if the principal F–1 alien is includes date, alien’s full name and date (2) The alien was maintaining residence in the United States; and found eligible. of birth; (iii) Nonimmigrant exchange visitors. (d) Service document(s) addressed to (3) The alien’s departure from the United States was not based on an order An eligible alien who was at any time the alien, or his or her representative, a nonimmigrant exchange alien (as discussing matters pursuant to the class of deportation. (d) Unlawful status. The following defined in section 101(a)(15)(J) of the membership application, which categories of aliens, who are otherwise Act), who entered the United States includes date, alien’s name and A- eligible to adjust to LPR status pursuant before January 1, 1982, and who: number. These include, but are not to LIFE Legalization, may file for (A) Was not subject to the 2-year limited to the following: foreign residence requirement of section (1) Form I–512, Parole authorization, adjustment of status provided they resided continuously in the United 212(e) of the Act; or or denial of such; (B) Has fulfilled the 2-year foreign (2) Form I–221, Order to Show Cause; States in an unlawful status since prior to January 1, 1982, through May 4, 1988: residence requirement of section 212(e) (3) Form I–862, Notice to Appear; of the Act; or (4) Final order of removal or (1) An eligible alien who entered the (C) Has received a waiver for the 2- deportation; United States without inspection prior year foreign residence requirement of (5) Request for evidence letter (RFE); to January 1, 1982. (2) Nonimmigrants. An eligible alien section 212(e) of the Act. or (3) Asylum applicants. An eligible (6) Form I–687 submitted with the who entered the United States as a alien who filed an asylum application class membership application. nonimmigrant before January 1, 1982, prior to January 1, 1982, and whose (e) Any other relevant document(s). whose authorized period of admission as a nonimmigrant expired before application was subsequently denied or § 245a.15 Continuous residence in an January 1, 1982, through the passage of whose application was not decided by unlawful status since prior to January 1, time, or whose unlawful status was May 4, 1988. 1982, through May 4, 1988. known to the Government before (4) Aliens considered to be in (a) General. The Service will January 1, 1982. Known to the unlawful status. Aliens who were determine whether an alien entered the Government means documentation present in the United States in one of United States before January 1, 1982, existing in one or more Federal the following categories were and resided in continuous unlawful Government agencies’ files such that considered to be in unlawful status: status since such date through May 4, when such document is taken as a (i) An eligible alien who was granted 1988, based on the evidence provided whole, it warrants a finding that the voluntary departure, voluntary return, by the alien. An alien must provide with alien’s status in the United States was extended voluntary departure, or placed
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in deferred action category by the advance parole or the alien can establish A-number must appear on any such Service prior to January 1, 1982. that due to emergent reasons, his or her evidence submitted). (ii) An eligible alien who is a Cuban return to the United States could not be (b) Second interview. An applicant or Haitian entrant (as described in accomplished within the time period(s) who fails to pass the English literacy paragraph (1) or (2)(A) of section 501(e) allowed. and/or the United States history and of Public Law 96–422 and at § 212.5(g) (c) An alien who has been absent from government tests at the time of the of this chapter), who entered the United the United States in accordance with the interview, shall be afforded a second States before January 1, 1982. Pursuant Service’s advance parole procedures opportunity after 6 months (or earlier, at to section 1104(c)(2)(B)(iv) of the LIFE shall not be considered as having the request of the applicant) to pass the Act, such alien is considered to be in an interrupted his or her continuous tests or submit evidence as described in unlawful status in the United States. physical presence as required at the paragraphs (a)(2) or (a)(3) of this section. (iii) An eligible alien who was paroled time of filing an application under this The second interview shall be into the United States prior to January section. conducted prior to the denial of the 1, 1982, and whose parole status § 245a.17 Citizenship skills. application for permanent residence and terminated prior to January 1, 1982. may be based solely on the failure to (iv) An eligible alien who entered the (a) Requirements. Applicants for pass the basic citizenship skills United States before January 1, 1982, adjustment under LIFE Legalization requirements. and whose entries to the United States must meet the requirements of section (c) Exceptions. LIFE Legalization subsequent to January 1, 1982, were not 312(a) of the Act (8 U.S.C. 1423(a)) applicants are exempt from the documented on Form I–94. (relating to minimal understanding of requirements listed under paragraph ordinary English and a knowledge and (a)(1) of this section if he or she has § 245a.16 Continuous physical presence understanding of the history and from November 6, 1986, through May 4, qualified for the same exceptions as government of the United States). those listed for naturalization applicants 1988. Unless an exception under paragraph (c) (a) The Service will determine under §§ 312.1(b)(3) and 312.2(b) of this of this section applies to the applicant, chapter. Further, at the discretion of the whether an alien was continuously LIFE Legalization applicants must physically present in the United States Attorney General, the requirements establish that: listed under paragraph (a) of this section from November 6, 1986, through May 4, (1) He or she has complied with the may be waived if the LIFE Legalization 1988, based on the evidence provided same requirements as those listed for applicant: by the alien. An alien must provide with naturalization applicants under §§ 312.1 (1) Is 65 years of age or older; or the application evidence establishing and 312.2 of this chapter; or (2) Is developmentally disabled as his or her continuous physical presence (2) He or she has a high school defined under § 245a.1(v). in the United States from November 6, diploma or general educational 1986, through May 4, 1988. Evidence development diploma (GED) from a § 245a.18 Ineligibility and applicability of establishing the alien’s continuous school in the United States. A GED grounds of inadmissibility. physical presence in the United States gained in a language other than English (a) Ineligible aliens. from November 6, 1986, to May 4, 1988, is acceptable only if a GED English (1) An alien who has been convicted may consist of any documentation proficiency test has been passed. (The of a felony or of three or misdemeanors issued by any governmental or curriculum for both the high school committed in the United States is nongovernmental authority, provided diploma and the GED must have ineligible for adjustment to LPR status such evidence bears the name of the included at least 40 hours of instruction under this Subpart B; or applicant, was dated at the time it was in English and United States history and (2) An alien who has assisted in the issued, and bears the signature, seal, or government). The applicant may submit persecution of any person or persons on other authenticating instrument of the a high school diploma or GED either at account of race, religion, nationality, authorized representative of the issuing the time of filing Form I–485, membership in a particular social group, authority, if the document would subsequent to filing the application but or political opinion is ineligible for normally contain such authenticating prior to the interview, or at the time of adjustment of status under this Subpart instrument. the interview (the applicant’s name and B. (b) For purposes of this section, an A-number must appear on any such (b) Grounds of inadmissibility not to alien shall not be considered to have evidence submitted); or be applied. Section 212(a)(5) of the Act failed to maintain continuous physical (3) He or she has attended, or is (labor certification requirements) and presence in the United States by virtue attending, a state recognized, accredited section 212(a)(7)(A) of the Act of brief, casual, and innocent absences learning institution in the United States, (immigrants not in possession of valid from the United States. Also, brief, and that institution certifies such visa and/or travel documents) shall not casual, and innocent absences from the attendance. The course of study at such apply to applicants for adjustment to United States are not limited to learning institution must be for a period LPR status under this Subpart B. absences with advance parole. Brief, of one academic year (or the equivalent (c) Waiver of grounds of casual, and innocent absence(s) as used thereof according to the standards of the inadmissibility. Except as provided in in this paragraph means temporary, learning institution) and the curriculum paragraph (c)(2) of this section, the occasional trips abroad as long as the must include at least 40 hours of Service may waive any provision of purpose of the absence from the United instruction in English and United States section 212(a) of the Act only in the case States was consistent with the policies history and government. The applicant of individual aliens for humanitarian reflected in the immigration laws of the may submit certification on letterhead purposes, to ensure family unity, or United States. A single absence from the stationery from a state recognized, when the granting of such a waiver is United States of more than thirty (30) accredited learning institution either at otherwise in the public interest. If days or an aggregate of all absences the time of filing Form I–485, available, an applicant may apply for an exceeding ninety (90) days shall not be subsequent to filing the application but individual waiver as provided in deemed to be a brief, casual, and prior to the interview, or at the time of paragraph (c)(1) of this section without innocent absence unless the alien had the interview (the applicant’s name and regard to section 241(a)(5) of the Act.
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(1) Special rule for waiver of must first be determined to be proper adjudication may result in denial inadmissibility grounds for LIFE inadmissible under section 212(a)(4) of of the application. Legalization applicants under sections the Act. If the alien is determined to be 212(a)(9)(A) and 212(a)(9)(C) of the Act. ‘‘likely to become a public charge’’, he § 245a.19 Interviews. An applicant for adjustment of status or she may still be admissible under the (a) All aliens filing applications for under LIFE Legalization who is terms of the Special Rule. adjustment of status with the Service inadmissible under section 212(a)(9)(A) (1) In determining whether an alien is under this section must be personally or 212(a)(9)(C) of the Act, may apply for ‘‘likely to become a public charge’’, interviewed, except that the a waiver of these grounds of financial responsibility of the alien is to adjudicative interview may be waived inadmissibility while present in the be established by examining the totality for a child under the age of 14, or when United States, without regard to the of the alien’s circumstance at the time it is impractical because of the health or normal requirement that a Form I–212, of his or her application for adjustment. advanced age of the applicant. Application for Permission to Reapply The existence or absence of a particular Applicants will be interviewed by an for Admission into the United States factor should never be the sole criteria immigration officer as determined by After Deportation or Removal, be filed for determining if an alien is likely to the Director of the Missouri Service prior to embarking or re-embarking for become a public charge. The Center. An applicant failing to appear travel to the United States, and without determination of financial responsibility for the scheduled interview may, for regard to the length of time since the should be a prospective evaluation good cause, be afforded another alien’s removal or deportation from the based on the alien’s age, health, family interview. Where an applicant fails to United States. Such an alien shall file status, assets, resources, education and appear for two scheduled interviews, Form I–690, Application for Waiver of skills. his or her application shall be denied Grounds of Excludability Under (2) The special rule for determination for lack of prosecution. Applications for Sections 245A or 210 of the Immigration of public charge under paragraph (d)(3) LIFE Legalization adjustment may be and Nationality Act, with the district of this section is to be applied only after denied without interview if the director having jurisdiction over the an initial determination that the alien is applicant is determined to be statutorily applicant’s case if the application for inadmissible under the provisions of ineligible. adjustment of status is pending at a section 212(a)(4) of the Act. (b) At the time of the interview, local office, or with the Director of the (3) An alien who has a consistent wherever possible, original documents Missouri Service Center. Approval of a employment history which shows the must be submitted except the following: waiver of inadmissibility under section ability to support himself or herself official government records; 212(a)(9)(A) or section 212(a)(9)(C) of even though his or her income may be employment or employment-related the Act does not cure a break in below the poverty level is not records maintained by employers, continuous residence resulting from a excludable under paragraph (c)(2)(iv) of unions, or collective bargaining departure from the United States at any this section. The alien’s employment organizations; medical records; school time during the period from January 1, history need not be continuous in that records maintained by a school or 1982, and May 4, 1988, if the alien was it is uninterrupted. It should be school board; or other records subject to a final exclusion or continuous in the sense that the alien maintained by a party other than the deportation order at the time of the shall be regularly attached to the applicant. Copies of records maintained departure. workforce, has an income over a by parties other than the applicant (2) Grounds of inadmissibility that substantial period of the applicable which are submitted in evidence must may not be waived. Notwithstanding time, and has demonstrated the capacity be certified as true and correct by such any other provisions of the Act, the to exist on his or her income without parties and must bear their seal or following provisions of section 212(a) of recourse to public cash assistance. The signature or the signature and title of the Act may not be waived by the Special Rule is prospective in that the persons authorized to act in their behalf. Attorney General under paragraph (c) of Service shall determine, based on the (c) If at the time of the interview the this section: alien’s history, whether he or she is return of original documents is desired (i) Sections 212(a)(2)(A) and (2)(B) likely to become a public charge. Past by the applicant, they must be (crimes involving moral turpitude and acceptance of public cash assistance accompanied by notarized copies or controlled substances); within a history of consistent copies certified true and correct by the (ii) Section 212(a)(2)(C) (controlled employment will enter into this alien’s representative. At the discretion substance traffickers); decision. The weight given in of the district director, original (iii) Section 212(a)(3) (security and considering applicability of the public documents, even if accompanied by related grounds); and charge provisions will depend on many certified copies, may be temporarily (iv) Section 212(a)(4) (public charge) factors, but the length of time an retained for forensic examination by the except for an alien who is or was an applicant has received public cash Service. aged, blind, or disabled individual (as assistance will constitute a significant defined in section 1614(a)(1) of the factor. It is not necessary to file a waiver § 245a.20 Decisions, appeals, motions, Social Security Act). If a LIFE in order to apply the special rule for and certifications. Legalization applicant is determined to determination of public charge. (a) Decisions. be inadmissible under section 212(a)(4) (e) Public cash assistance and (1) Approval of applications. If the of the Act, he or she may still be criminal history verification. Service approves the application for admissible under the Special Rule Declarations by an alien that he or she adjustment of status under LIFE described under paragraph (d)(3) of this has not been the recipient of public cash Legalization, the district director shall section. assistance and/or has not had a criminal record the alien’s lawful admission for (d) Determination of ‘‘likely to become record are subject to a verification by permanent residence as of the date of a public charge’’ and special rule. Prior the Service. The alien must agree to such approval and notify the alien to use of the special rule for fully cooperate in the verification accordingly. The district director shall determination of public charge under process. Failure to assist the Service in also advise the alien regarding the paragraph (d)(3) of this section, an alien verifying information necessary for delivery of his or her Form I–551,
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Permanent Resident Card, and of the the Service within 30 calendar days Immigration Court or the Board will process for obtaining temporary after service of the Notice of Denial then recalendar the prior proceeding. evidence of alien registration. If the (NOD) in accordance with the (ii) Where final order was stayed. If alien has previously been issued a final procedures of § 103.3(a) of this chapter. the application for LIFE Legalization is order of exclusion, deportation, or An appeal received after the 30 day denied, the stay of a final order of removal, such order shall be deemed period has tolled will not be accepted. exclusion, deportation, or removal canceled as of the date of the district The 30 day period for submitting an afforded in § 245a.13(f) shall be deemed director’s approval of the application for appeal begins 3 days after the NOD is lifted as of the date of such denial. adjustment of status. If the alien had mailed. If a review of the Record of been in exclusion, deportation, or Proceeding (ROP) is requested by the § 245a.21 Confidentiality. removal proceedings that were alien or his or her legal representative, (a) No person other than a sworn administratively closed, such and an appeal has been properly filed, officer or employee of the Department of proceedings shall be deemed terminated an additional 30 days will be allowed Justice or bureau or agency thereof, will as of the date of approval of the for this review from the time the ROP be permitted to examine individual application for adjustment of status by is photocopied and mailed. applications. For purposes of this part, the district director. (2) If an applicant’s last known any individual employed under contract (2) Denials. The alien shall be notified address of record was outside the by the Service to work in connection in writing of the decision of denial and United States, and the NOD was mailed with the LIFE Legalization provisions of the reason(s) therefore. If the Service to that foreign address, the appeal must shall be considered an employee of the intends to rely on adverse information be received by the Service within 60 Department of Justice or bureau or of which the applicant is not aware, the calendar days after service of the NOD agency thereof. Service will comply with § 103.2(b)(16) in accordance with the procedures of (b) No information furnished pursuant of this chapter, and will not deny the § 103.3(a) of this chapter. An appeal to an application for permanent resident application until the applicant has had received after the 60 day period has status under this Subpart B shall be the opportunity to respond to the tolled will not be accepted. The 60-day used for any purpose except: adverse information. If inconsistencies period for submitting an appeal begins (1) To make a determination on the are found between information 3 days after the NOD is mailed. application; submitted with the adjustment (c) Motions. The Service director who (2) For the enforcement of the application and information previously denied the application may reopen and provisions encompassed in section furnished by the alien to the Service, the reconsider any adverse decision sua 245A(c)(6) of the Act, except as alien shall be afforded the opportunity sponte. When an appeal to the AAO has provided in paragraphs (c) of this to explain discrepancies or rebut any been filed, the director may issue a new section; or adverse information. A party affected decision that will grant the benefit that (3) For the purposes of rescinding, under this part by an adverse decision has been requested. Motions to reopen pursuant to section 246(a) of the Act (8 is entitled to file an appeal on Form I– a proceeding or reconsider a decision U.S.C. 1256(a)), any adjustment of status 290B, Notice of appeal to the shall not be considered under this obtained by the alien. Administrative Appeals Unit (AAU), Subpart B. (c) If a determination is made by the with required fee specified in (d) Certifications. The Service director Service that the alien has, in connection § 103.7(b)(1) of this chapter. Except in who adjudicates the application may, in with his or her application, engaged in instances when a LIFE Legalization accordance with § 103.4 of this chapter, fraud or willful misrepresentation or application is denied for failure to certify a decision to the AAO when the concealment of a material fact, establish timely application for class case involves an unusually complex or knowingly provided a false statement or membership in the CSS, LULAC, or novel question of law or fact. document in making his or her Zambrano lawsuit, or in instances when (e) Effect of final adjudication of application, knowingly made a false the LIFE Legalization applicant failed to application on aliens previously in statement or representation, or engaged present a prima facie application for proceedings. in any other activity prohibited by LIFE Legalization as defined in (1) Upon the granting of an section 245A(c)(6) of the Act, the § 245a.13(c), employment authorization application. If the application for LIFE Service shall refer the matter to the will be granted until a final decision has Legalization is granted, proceedings United States Attorney for prosecution been rendered on appeal or until the shall be deemed terminated or a final of the alien and/or of any person who end of the appeal period if no appeal is order of exclusion, deportation, or created or supplied a false statement or filed. After exhaustion of an appeal, an removal shall be deemed canceled as of document for use in an application for alien who believes that the grounds for the date of the approval of the LIFE adjustment of status under this Subpart denial have been overcome may submit Legalization application for adjustment B. another application with fee, provided of status. (d) Information contained in granted that the application is submitted on or (2) Upon the denial of an application. files may be used by the Service at a before May 31, 2002. (i) Where proceedings were later date to make a decision: (b) Appeals process. An adverse administratively closed. In the case of (1) On an immigrant visa petition or decision under this part may be an alien whose previously initiated other status filed by the applicant under appealed to the Associate exclusion, deportation or removal section 204(a) of the Act; Commissioner, Examinations, proceeding had been administratively (2) On a naturalization application Administrative Appeals Office (AAO), closed or continued indefinitely under submitted by the applicant; who is the appellate authority § 245a.12(b)(1), the director shall make (3) For the preparation of reports to designated in § 103.1(f)(3) of this a request for recalendaring to the Congress under section 404 of the chapter. Any appeal shall be submitted Immigration Court that had Immigration Reform and Control Act of to the Service office that rendered the administratively closed the proceeding, 1986; or decision with the required fee. or the Board, as appropriate, when there (4) For the furnishing of information, (1) If an appeal is filed from within is a final decision denying the LIFE at the discretion of the Attorney the United States, it must be received by Legalization application. The General, in the same manner and
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circumstances as census information the individual’s race, religion, § 245a.34 Protection from removal, may be disclosed by the Secretary of nationality, membership in a particular eligibility for employment, and period of Commerce under 13 U.S.C. 8. social group, or political opinion; or authorized stay. (e) Information concerning whether (c) An alien who has been convicted (a) Scope of protection. Nothing in this Subpart C shall be construed to the applicant has at any time been by a final judgment of a particularly limit the authority of the Service to convicted of a crime may be used or serious crime and who is a danger to the commence removal proceedings against released for immigration enforcement or community of the United States; or law enforcement purposes. an applicant for or beneficiary of Family (d) An alien who the Attorney General Unity benefit under this Subpart C on § 245a.22 Rescission. has serious reasons to believe has any ground of removal. Also, nothing in (a) Rescission of adjustment of status committed a serious nonpolitical crime this Subpart C shall be construed to under LIFE Legalization shall occur outside the United States before the limit the authority of the Service to take only under the procedures of 8 CFR part alien arrived in the United States; or any other enforcement action against 246. (e) An alien who the Attorney General such an applicant or beneficiary with (b) Information furnished by an has reasonable grounds to believe is a respect to any ground of removal not eligible alien pursuant to any danger to the security of the United specified in paragraphs (a)(1) through application filed under LIFE States. (a)(4) of this section. Protection from Legalization may be used by the removal under this Subpart C is limited § 245a.33 Filing. Attorney General, and other officials to the grounds of removal specified in: and employees of the Department of (a) General. An application for Family (1) Section 237(a)(1)(A) of the Act Justice and any bureau or agency Unity benefits under section 1504 of the (aliens who were inadmissible at the thereof, for purposes of rescinding, LIFE Act Amendments must be filed on time of entry or adjustment of status), pursuant to 8 CFR part 246, any a Form I–817, Application for Family except that the alien may be removed if adjustment of status obtained by the Unity Benefits, with the Missouri he or she is inadmissible because of a alien. Service Center. A Form I–817 must be ground listed in section 212(a)(2) filed with the correct fee required in (criminal and related grounds) or in §§ 245a.23 through 245a.29 [Reserved] § 103.7(b)(1) of this chapter and the section 212(a)(3) (security and related Subpart C—LIFE Act Amendments required supporting documentation. A grounds) of the Act; or Family Unity Provisions separate application with appropriate (2) Section 237(a)(1)(B) of the Act fee and documentation must be filed for (aliens present in the United States in § 245a.30 Description of program. each person claiming eligibility. violation of the Act or any other law of This Subpart C implements the (b) Decision. The Missouri Service the United States); (3) Section 237(a)(1)(C) of the Act Family Unity provisions of section 1504 Center Director has sole jurisdiction to (aliens who violated their nonimmigrant of the LIFE Act Amendments, Public adjudicate an application for Family status or violated the conditions of Law 106–554. Unity benefits under the LIFE Act entry); or Amendments. If the Service finds that § 245a.31 Eligibility. (4) Section 237(a)(3)(A) of the Act additional evidence is required from the (aliens who failed to comply with the An alien who is currently in the alien in order to properly adjudicate the change of address notification United States may obtain Family Unity application, the Service shall request requirements). benefits under section 1504 of the LIFE such evidence from the alien in writing. Act Amendments if he or she (b) Duration of protection from The Director will provide the applicant removal. An alien whose application for establishes that: with specific reasons for any decision to (a) He or she is the spouse or Family Unity benefits under the LIFE deny an application. Denial of an Act Amendments is approved will unmarried child under the age of 21 of application may not be appealed. An an eligible alien (as defined under receive protection from removal, applicant who believes that the grounds commencing with the date of approval § 245a.10) at the time the alien’s for denial have been overcome may application for Family Unity benefits is of the application. While any evidence submit another application with the of protection from removal shall be adjudicated and thereafter; appropriate fee and documentation. (b) He or she entered the United dated to expire 1 year after the date of States before December 1, 1988, and (c) Referral of denied cases for approval, a grant of protection from resided in the United States on such consideration of issuance of notice to removal under this section shall be date; and appear. If an application is denied, the considered effective from the date on (c) If applying for Family Unity case will be referred to the district which the application was properly benefits on or after June 1, 2002, he or director with jurisdiction over the filed. she is the spouse or unmarried child alien’s place of residence for (c) Employment authorization. An under the age of 21 of an alien who has consideration of whether to issue a alien granted Family Unity benefits filed a Form I–485 pursuant to this notice to appear. After an initial denial, under the LIFE Act Amendments is Subpart B. an applicant’s case will not be referred authorized to be employed in the United for issuance of a notice to appear until States. The validity period of the § 245a.32 Ineligible aliens. 90 days from the date of the initial employment authorization document The following categories of aliens are denial, to allow the alien the shall be dated to expire 1 year after the ineligible for Family Unity benefits opportunity to file a new Form I–817 date of approval of the Form I–817. under the LIFE Act Amendments: application in order to attempt to (d) Period of authorized stay. An alien (a) An alien who has been convicted overcome the basis of the denial. granted Family Unity benefits under the of a felony or of three or more However, if the applicant is found not LIFE Act Amendments is deemed to misdemeanors in the United States; or to be eligible for benefits under have received an authorized period of (b) An alien who has ordered, incited, § 245a.32(a), the Service reserves the stay approved by the Attorney General assisted, or otherwise participated in the right to issue a notice to appear at any within the scope of section 212(a)(9)(B) persecution of an individual because of time after the initial denial. of the Act.
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§ 245a.35 Travel outside the United States. her LIFE Legalization application § 274a.12 Classes of aliens authorized to (a) An alien who departs the United denied, or loses his or her LPR status; accept employment. States while his or her application for or (a) Aliens authorized employment Family Unity benefits is pending will be (4) A qualifying relationship to the incident to status. * * * Any alien who deemed to have abandoned the alien, upon whose status Family Unity is within a class of aliens described in application and the application will be benefits under the LIFE Act paragraphs (a)(3) through (a)(8) or denied. Amendments were based, no longer (a)(10) through (a)(14) of this section, (b) An alien granted Family Unity exists. and who seeks to be employed in the benefits under the LIFE Act (b) Notice procedure. Notice of intent United States, must apply to the Service Amendments who intends to travel to terminate and of the grounds thereof for a document evidencing such outside the United States temporarily shall be served pursuant to the employment authorization. must apply for advance authorization provisions of § 103.5a of this chapter. * * * * * The alien shall be given 30 days to using Form I–131. The authority to grant (14) An alien granted Family Unity respond to the notice and may submit an application for advance authorization benefits under section 1504 of the Legal to the Service additional evidence in for an alien granted Family Unity Immigrant Family Equity (LIFE) Act rebuttal. Any final decision of benefits under the LIFE Act Amendments, Public Law 106–554, and termination shall also be served Amendments rests solely with the the provisions of 8 CFR part 245a, pursuant to the provisions of § 103.5a of Service. An alien who is granted Subpart C of this chapter, as evidenced this chapter. Nothing in this section advance authorization and returns to the by an employment authorization shall preclude the Service from United States in accordance with such document issued by the Service. authorization, and who is found not to commencing removal proceedings prior * * * * * be inadmissible under section 212(a)(2) to termination of Family Unity benefits. or (3) of the Act, shall be paroled into (c) Effect of termination. Termination (c) * * * the United States. He or she shall be of Family Unity benefits under the LIFE (24) An alien who has filed an provided the remainder of the Act Amendments shall render the alien application for adjustment pursuant to protection from removal period amenable to removal under any ground section 1104 of the LIFE Act, Public previously granted under the Family specified in section 237 of the Act Law 106–553, and the provisions of 8 Unity provisions of the LIFE Act (including those grounds described in CFR part 245a, Subpart B of this Amendments. § 245a.34(a)). In addition, the alien will chapter. Employment authorization no longer be considered to be in a shall be granted in increments not § 245a.36 [Reserved] period of stay authorized by the exceeding 1 year during the period that § 245a.37 Termination of Family Unity Attorney General as of the date of such the application is pending (including Program benefits. termination. any period when an administrative appeal is pending) and shall expire on (a) Grounds for termination. The PART 274a—CONTROL OF a specific date. Service may terminate Family Unity EMPLOYMENT OF ALIENS benefits under the LIFE Act * * * * * Amendments whenever the necessity 12. The authority citation for part PART 299—IMMIGRATION FORMS for the termination comes to the 274a continues to read as follows: attention of the Service. Such grounds Authority: 8 U.S.C. 1101, 1103, 1324a; 8 14. The authority citation for part 299 will exist in situations including, but CFR part 2; Pub. L. 101–410, 104 Stat. 890, continues to read as follows: not limited to, those in which: as amended by Pub. L. 104–134, 110 Stat. (1) A determination is made that 1321. Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2. Family Unity benefits were acquired as 13. Section 274a.12 is amended by: the result of fraud or willful a. Revising the last sentence in 15. Section 299.1 is amended in the misrepresentation of a material fact; paragraph (a) introductory text; table by: (2) The beneficiary commits an act or b. Removing the word ‘‘or’’ at the end a. Adding the entry for Form ‘‘I–485 acts which render him or her ineligible of paragraph (a)(12); Supplement D’’ in proper numerical for Family Unity benefits under the c. Replacing the period with ‘‘; or’’ at sequence; and by LIFE Act Amendments; the end of paragraph (a)(13); b. Revising the entries for Forms ‘‘I– (3) The alien, upon whose status d. Adding paragraph (a)(14); and by 765’’ and ‘‘I–817’’, to read as follows: Family Unity benefits under the LIFE e. Adding paragraph (c)(24). Act were based, fails to apply for LIFE The revisions and additions read as § 299.1 Prescribed forms. Legalization by May 31, 2002, has his or follows: * * * * *
Form No. Edition date Title
******* I–485 Supplement D ...... 04–26–01 LIFE Legalization Supplement to Form I–485 Instructions.
******* I–765 ...... 04–24–01 Application for Employment Authorization.
******* I–817 ...... 04–26–01 Application for Family Unity Benefits.
*******
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16. Section 299.5 is amended in the a. Adding the entry for Form ‘‘I–485 b. Revising the entry for Form ‘‘I– table by: Supplement D’’ in proper numerical 817’’, to read as follows: sequence; and by § 299.5 Display of control numbers. * * * * *
Currently as- INS form No. INS form title signed OMB control No.
******* I–485 Supplement D ...... LIFE Legalization Supplement to Form I–485 Instructions ...... 1115–0239
******* I–817 ...... Application for Family Unity Benefits ...... 1115–0166
*******
Dated: May 25, 2001. Washington, DC 20536, or via fax to an option to pay for faster processing of John Ashcroft, (202) 305–0143. To ensure proper petitions and applications for foreign Attorney General. handling, please reference INS No. workers. 2108–01 on your correspondence. [FR Doc. 01–13669 Filed 5–31–01; 8:45 am] What Is Premium Processing Service? BILLING CODE 4410–10–P Comments are available for public inspection at the above address by The District of Columbia calling (202) 514–3048 to arrange for an Appropriations Act of 2001, Public Law DEPARTMENT OF JUSTICE appointment. 106–553, established ‘‘premium FOR FURTHER INFORMATION CONTACT: processing service’’ and the associated Immigration and Naturalization Service Tracy Renaud, Adjudications Officer, filing fee. It also specified that the Immigration Services Division, Service was required to process 8 CFR Parts 103 and 299 Immigration and Naturalization Service, applications under the Premium Processing Service in 15 calendar days. [INS No. 2108–01] 800 K Street, NW., 10th Floor, Washington, DC 20536, telephone (202) However, the legislation did not RIN 1115–AG03 305–8010. explicitly define what ‘‘premium processing service’’ means. Therefore, SUPPLEMENTARY INFORMATION: Establishing Premium Processing the Service is using its authority under Service for Employment-Based Background section 103(a) of the Act to establish the Petitions and Applications details of this new service. What Is the Authority To Charge a For example, if the applicant or AGENCY: Immigration and Naturalization Premium Processing Fee? petitioner pays for Premium Processing Service, Justice. On December 21, 2000, the President Service of a petition or application, the ACTION: Interim rule with request for signed the District of Columbia Service will issue an approval notice, comments. Appropriations Act, 2001, Public Law notice of intent to deny, request for 106–553, 114 Stat. 2762 (2000). The evidence, or notice of an investigation SUMMARY: This rule amends the legislation added a new section 286(u) Immigration and Naturalization Service for fraud or misrepresentation within 15 to the Immigration and Nationality Act (Service) regulations by establishing a calendar days. Premium Processing (Act) that authorizes the Attorney Premium Processing Service for certain Service begins on the day the Service General to collect a $1,000 ‘‘premium employment-based petitions and physically receives a petition or processing’’ fee in addition to the applications. If an entity pays the application and ends on the day the regular filing fee that must be paid for required fee for Premium Processing Service issues a notice or request. If the the filing with the Service of certain Service, the Service will process the Service does not issue a notice or petitions and applications. Under this petition or application within 15 request within 15 calendar days, the new legislation, the authority to collect calendar days. Premium Processing Service will refund the fee the premium processing fee applies only Service will provide American automatically. However, when the to employment-based petitions and businesses with the opportunity to Service fails to issue a notice or request applications. obtain faster processing of petitions and within 15 calendar days and refunds the fee, the Service will still expeditiously applications to meet their needs for Why Have Premium Processing Service? foreign workers. process the case. If the application or The Premium Processing Service will petition in question was not eligible for DATES: Effective date: This interim rule enable the Service to improve its Premium Processing Service, the fee is effective June 1, 2001. services to its business customers. These will be refunded and the Service will Comment date: Written comments businesses must sometimes recruit and continue to process the case normally. must be submitted on or before July 31, hire foreign workers to fill jobs in short 2001. time frames. The Service’s current What Are the Benefits of the Premium ADDRESSES: Please submit written processing times for employment-based Processing Service? comments to the Director, Policy petitions and applications may not The Premium Processing Service Directives and Instructions Branch, accommodate the needs of these provides a benefit to all entities that file Immigration and Naturalization Service, businesses. The Premium Processing applications and petitions with the 425 I Street, NW., Room 4034, Service will give American businesses Service, and not just to those employers
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who are granted Premium Processing processing period will begin when the Service. Absent the Premium fee, the Service. The fee revenue generated by Service receives the Form I–907. Service will process the petition or Premium Processing Service will be application under normal procedures. If Where Should I Mail My Request for deposited into the Immigration you request Premium Processing Service Premium Processing? Examinations Fee Account and used by for a petition or application that has not the Service to hire additional If the Form I–907 is filed at the same been designated by the Service, the adjudicators, contact representatives, time as the related petition, submit both Service will return the Premium and support personnel to provide forms to the designated Premium Processing Fee and Form I–907 and service to all its customers. The fee will Processing address for the INS Service continue normal processing of the also be used for infrastructure Center indicated on the petition. If the petition or application. improvements. Form I–907 is filed after the related petition, submit it to the designated How Will the Service Designate Petitions What Is the Fee for the Premium Premium Processing Address for the and Applications for Premium Processing Service? INS Service Center where the related Processing Service? The fee for Premium Processing petition was previously filed. When The Service will designate petitions Service is $1,000 in addition to the submitting a Form I–907 after a related and applications for Premium filing fee for the petition or application. petition, if possible, include a copy of Processing Service by publishing As an example, H–2B cases are eligible the Form I–797, Notice of Action, notices in the Federal Register. These for Premium Processing Service. There showing receipt of the related petition. notices will specify the form types and are two fees involved: The Form I–129, A designated Premium Processing the visa classifications for which Petition for Nonimmigrant Worker, address for each of the four centers will Premium Processing Service is filing fee of $110 and the $1,000 be published on the instruction sheet to available. The notices will also specify Premium Processing fee. Form I–907. The designated address the dates on which the availability of must be used to be sure the Premium Premium Processing Service begins and Can the Fee for Premium Processing Processing petition immediately enters ends. Service Be Waived? the Premium Processing unit. If an The Service is designating Form I– The fee for Premium Processing alternate address is used, the 15 129, Petition for Nonimmigrant Worker, Service is set by law and cannot be calendar day processing time will begin for Premium Processing Service waived for any reason. However, the when the Service initially identifies the beginning on June 1, 2001. Service will refund the fee if it cannot case as a request for Premium Classifications within the Form I–129 complete its adjudication within 15 Processing. eligible for the Premium Processing calendar days or if Premium Processing In addition, the employer must file program as of June 1, 2001 are: for a particular application or petition the Premium Processing request at the (1) E–1 Treaty Trader; has been suspended. INS Service Center designated for the (2) E–2 Treaty Investor; specific application or petition. The The Service will continue its existing (3) H–2A Agricultural Worker; Service has established special filing (4) H–2B Temporary Worker; policy and procedures for requesting procedures for certain applications and expeditious processing, without any (5) H–3 Trainee; petitions. For example, petitions (6) L–1 Intracompany Transferree; additional fee, of petitions that are filed involving the E–1 and E–2 by petitioners designated as non-profit (7) O–1 and O–2 Aliens of Extraordinary nonimmigrant classifications must be Ability or Achievement; by the Internal Revenue Service and for filed at either the Texas or California petitions and applications that are not (8) P–1, P–2, and P–3 Athletes and Service Center. Therefore, the Premium Entertainers; and designated for Premium Processing Processing request must also be filed at Service. (9) Q–1 International Cultural Exchange these locations. A Form I–907 filed in Aliens. How Do I Request Premium Processing connection with a petition involving the Classifications within the Form I–129 Service? E–1 or E–2 nonimmigrant classification eligible for the Premium Processing must be submitted to the designated program as of July 30, 2001 are: You may request Premium Processing Premium Processing address for the Service by filing a completed Form I– Texas or California Service Center, as (1) H–1B Temporary Worker with 907, Request for Premium Processing appropriate. Specialty Occupation; Service, with the petition or application (2) R–1 Temporary Worker in Religious and paying the Premium Fee. You must What if I Have a Question About My Occupations; and pay the Premium Fee with a separate Premium Processing petition? (3) TN NAFTA Professional. check or money order in the amount of Designated customer service e-mail These designations will continue $1,000. This check is in addition to the addresses will be provided on the until the Service publishes a notice check for the regular filing fee for the instruction sheet to Form I–907. The amending or terminating them. application or petition. Service will also provide customers What if the Beneficiary of a Premium Can I Request Premium Processing with designated phone numbers on Processing Petition Has Dependent Service for a Pending Petition or receipt notices for the Form I–907. The Family Members Who Are Seeking Application? phone numbers and e-mail addresses Derivative Benefits? will be for use by Premium Processing Yes, if you want to request Premium customers only. If the family members application(s) Processing Service, you can file Form I– is filed concurrently with the Premium 907, Request for Premium Processing Can I Request Premium Processing Processing petition, the Service will Service, with the Premium Fee, either at Service for any Employment-Based process the application(s) for the family the same time as or after a petition or Petition or Application? members with the Premium Processing application. If you file Form I–907, after The Service will designate certain petition in 15 calendar days without you file the related petition or employment-based petitions or requiring an additional $1,000 fee for application, the 15 calendar day applications for Premium Processing the family member’s application(s). This
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applies only to dependents of the 3. Changes in § 299.1 and § 299.5 Unfunded Mandates Reform Act of beneficiary of the Premium Processing 1995 petition. In § 299.1 and § 299.5, the Service is amending the regulations to add the This rule will not result in the How Will the Service Process Requests Form I–907, Request for Premium expenditure by State, local and tribal for Premium Processing Service of Processing Service, to the listing of governments, in the aggregate, or by the Petitions for Nonimmigrant forms. This form must be filed in private sector, of $100 million or more in any one year, and it will not Classifications Subject to Annual conjunction with a petition or significantly or uniquely effect small Numerical Limitations? application to request Premium governments. Therefore, no actions were Processing Service. The Service is designating Premium deemed necessary under the provisions Processing Service for certain Good Cause Exception of the Unfunded Mandates Reform Act nonimmigrant classifications that are of 1995. subject to annual numerical limitations. This interim rule is effective on June Small Business Regulatory Enforcement Like petitions filed under regular 1, 2001, although the Service invites Fairness Act of 1996 procedures, petitions for which post-promulgation comments and will Premium Processing Service is address any such comments in a final This rule is not a major rule as requested will be processed in the order rule. For the following reasons, the defined by section 804 of the Small of receipt. Once the annual limitation Service finds that good cause exists for Business Regulatory Enforcement for a nonimmigrant classification is met adopting this rule without the prior Fairness Act of 1996. This rule will not (e.g., when the Service has received a notice and comment period or the delay result in an annual effect on the volume of H–1B petitions sufficient to in the effective date ordinarily required economy of $100 million or more; a reach the annual numerical limitation), by 5 U.S.C. 553(b)(3)(B) and (d)(3). major increase in costs or prices; or INS will temporarily terminate Premium Section 112 of Public Law 106–553 significant adverse effects on Processing Service for all pending specifically authorizes the Attorney competition, employment, investment, petitions filed for entry in that fiscal General to collect a fee for employment- productivity, innovation, or on the year. The Service will then process all based petitions and applications to be ability of United States-based pending petitions (regular and premium used to provide certain Premium companies to compete with foreign- together) in the order of receipt. Processing Services to business based companies in domestic and customers. By delaying implementation export markets. The Service believes that temporary of this rule, these business customers termination of Premium Processing Executive Order 12866 will not be able to immediately benefit Service is the fairest method to balance from the Premium Processing Services. This rule is considered by the the interest of expedited processing Premium Processing Services allows for Department of Justice, Immigration and while reasonably preserving the ability United States employers to fill key Naturalization Service, to be a of all individuals to access numerically vacancies expeditiously allowing these ‘‘significant regulatory action’’ under limited immigration programs. employers to enhance their profitability Executive Order 12866, section 3(f), The Service will announce the and productivity. The benefit will result Regulatory Planning and Review. temporary termination by publication of in certain businesses saving valuable Accordingly, this regulation has been a notice in the Federal Register. When time in hiring foreign-workers that can submitted to the Office of Management the Service announces temporary result in benefits to the entire country. and Budget for review. It is estimated termination of Premium Processing A delay in the implementation of this that petitioners and applicants will pay Service for a particular nonimmigrant statutory process would, therefore, be $25 million in fiscal year 2001 for classification, it will return the Form I– contrary to the public interest. Premium Processing Services, and $80 907 and Premium Fee for all requests Accordingly, the Service finds that it is million in fiscal year 2002. subject to the termination. impracticable and contrary to the public Executive Order 13132 Explanation of Changes interest to publish this rule with prior notice and comment period or a delay This rule will not have substantial What Changes Is the Service Making to in the effective date normally required direct effects on the States, on the the Regulations? under 5 U.S.C. 553. relationship between the National Government and the States, or on the 1. Changes in § 103.2 Regulatory Flexibility Act distribution of power and responsibilities among the various In § 103.2 the Service is adding a new The Commissioner of the Immigration paragraph (f) to describe the process that levels of government. Therefore, in and Naturalization Service, in accordance with section 6 of Executive the Service will use to process requests accordance with the Regulatory for Premium Processing Service. Order 13132, it is determined that this Flexibility Act (5 U.S.C. 605(b)), has rule does not have sufficient federalism 2. Changes in § 103.7 reviewed this regulation and, by implications to warrant the preparation approving it, certifies that this rule will of a federalism summary impact In § 103.7, the Service is amending not have a significant economic impact statement. the regulations to add the fee for on a substantial number of small Premium Processing Service for certain entities. Although there is an additional Executive Order 12988 Civil Justice employment-based petitions and cost for entities (both large and small) to Reform applications. The fee is established at obtain Premium Processing Service, the This interim rule meets the applicable $1,000 per petition or application $1,000 Premium Processing Fee is standards set forth in sections 3(a) and requesting Premium Processing Service. established by statute. The Premium 3(b)(2) of Executive Order 12988. Payment of the fee guarantees 15 Processing Service is voluntary and is calendar day processing of the petition intended to expedite requests by Paperwork Reduction Act or application. The fee for Premium American businesses to hire foreign Since this interim rule takes effect on Processing Service cannot be waived. workers. June 1, 2001, and the Form I–907, is
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required by the business community to List of Subjects Processing Service may not be waived. request Premium Processing Services, The fee for Premium Processing Service 8 CFR Part 103 the Service is using emergency review is in addition to all other filing fees for procedures for review and clearance by Administrative practice and the application or petition as provided the Office of Management and Budget procedure, Authority delegations for in § 103.7. A separate remittance (OMB) in accordance with the (Government agencies), Reporting and must be submitted for the filing fee for Paperwork Reduction Act (PRA) of recordkeeping requirements. Form I–907. If the Service fails to 1995. The Service has requested that 8 CFR Part 299 process a petition or application with OMB waive the comment period for the the 15 calendar day period, the fee for emergency paperwork review. If Immigration, Reporting and Premium Processing Services will be granted, the emergency approval is only recordkeeping requirements. automatically refunded to the petitioner valid for 180 days. Accordingly, chapter I of title 8 of the or applicant, and the Service will A regular review of this information Code of Federal Regulations is amended continue to process the application/ collection will also be undertaken. as follows: petition on the premium processing Written comments are encouraged and track. will be accepted until July 31, 2001. PART 103—POWERS AND DUTIES OF (4) Temporary termination of Submit comments to: Director, Policy SERVICE OFFICERS; AVAILABILITY Premium Processing Service. The Directives and Instructions Branch, OF SERVICE RECORDS Service may designate as eligible for Immigration and Naturalization Service, 1. The authority citation for part 103 Premium Processing Service certain 425 I Street, NW., Room 4034, continues to read as follows: petitions or applications filed on behalf Washington, DC 20536, or via fax to of nonimmigrant aliens that are subject (202) 305–0143. Your comments should Authority: 5 U.S.C. 552, 552a; 8 U.S.C. to annual numerical limitations. In address one or more of the following 1101, 1103, 1201, 1252, 1252 note, 1252b, order to ensure equitable access to these 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 limited visa programs, the Service may points: FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; (1) Evaluate whether the proposed 8 CFR part 2. temporarily terminate the availability of Premium Processing Service for certain collection of information is necessary 2. Section 103.2 is amended by for the proper performance of the petitions or applications. The Service adding a new paragraph (f) to read as will announce a temporary termination functions of the agency, including follows: whether the information will have by publication of a notice in the Federal practical utility; § 103.2 Applications, petitions, and other Register. Upon temporary termination (2) Evaluate the accuracy of the documents. of a classification the petition or agency’s estimate of the burden of the * * * * * application will not be rejected. Instead, proposed collection of information, (f) Requests for Premium Processing the petition or application will be including the validity of the Service.—(1) Filing information. A moved into the pool of normal methodology and assumptions used; petitioner or applicant requesting processing cases and only the Form I– (3) Enhance the quality, utility, and Premium Processing Service shall 907 will be rejected and the Fee for clarity of the information to be submit Form I–907, with the Form I–907 will be returned to the collected; and appropriate fee to the Director of the applicant or petitioner. (4) Minimize the burden of the service center having jurisdiction over * * * * * collection of information on those who the application or petition. Premium 3. Section 103.7 is amended by: are to respond, including through the Processing Service guarantees 15 a. Amending paragraph (b)(1) by use of appropriate automated, calendar day processing of certain adding the entry ‘‘Form I–907’’ in electronic, mechanical, or other employment-based petitions and proper alpha-numerical sequence to the technological collection techniques or applications. The 15 calendar day listing of fees; and other forms of information technology, processing period begins when the b. Revising paragraph (c)(1). e.g., permitting electronic submission of Service receives Form I–907, with fee, at The addition and revision read as responses. the designated address contained in the follows: The Service in calculating the overall instructions to the form. The Service § 103.7 Fees. burden this requirement will place upon will refund the fee for Premium the public, estimates 80,000 Processing Service, but continue to * * * * * applications for Premium Processing process the case, unless within 15 (b) * * * (1) ** * Services will be requested annually. The calendar days of receiving the * * * * * Service estimated that it will take application or petition and Form I–907, Form I–907. For filing a request for approximately .25 hours to comply with issues and serves on the petitioner or Premium Processing Service for certain the requirements of Form I–907. This applicant an approval notice, a notice of employment based applications and amounts to 20,000 total burden hours. intent to deny, a request for evidence, or petitions-$1,000. The fee for Premium Organizations and individuals opens an investigation relating to the Processing Service may not be waived. interested in submitting comments application or petition for fraud or * * * * * regarding this burden estimate or any misrepresentation. (c)(1) Except as otherwise provided in aspect of these information collection (2) Applications and petitions eligible this paragraph (c) and in § 3.3(b) of this requirements, including suggestions for for Premium Processing Service. The chapter, any of the fees prescribed in reducing the burden, should direct them Service will designate and terminate paragraph (b) of this section relating to to the Immigration and Naturalization petitions and applications as eligible for applications, petitions, appeals, Service, Policy Directives and Premium Processing Service by motions, or requests may be waived by Instructions Branch, 425 I Street, NW., publication of notices in the Federal the Immigration Judge in any case under Suite 4034, Washington, DC 20536; Register. his/her jurisdiction in which the alien Attention: Richard A. Sloan, Director, (3) Fees for Premium Processing or other party affected is able to (202) 514–3048. Services. The fee for Premium substantiate that he or she is unable to
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pay the prescribed fee. The person and Air’’ and for special statistical PART 299—IMMIGRATION FORMS seeking a fee waiver must file his or her tabulations may not be waived. The affidavit, or unsworn declaration made payment of the additional sum 4. The authority citation for part 299 pursuant to 28 U.S.C. 1746, asking for prescribed by section 245(i) of the Act continues to read as follows: permission to prosecute without when applying for adjustment of status payment of fee of the application, Authority: 8 U.S.C. 1101, 1103; 8 CFR part under section 245 of the Act may not be 2. petition, appeal, motion, or request, and waived. The payment of the additional stating his or her belief that he or she $500 fee prescribed by section 214(c)(9) 5. Section 299.1 is amended in the is entitled to or deserving of the benefit of the Act when applying for petition for table by adding the entry for Form I– requested and the reasons for his or her nonimmigrant worker under section 907, in proper alpha-numerical inability to pay. The officer of the 101(a)(15)(H)(i)(b) of the Act may not be sequence, to read as follows: Service having jurisdiction to render a waived. The fee for Form I–907, Request decision on the application, petition, § 299.1 Prescribed forms. for Premium Processing Services, may appeal, motion, or request may, in his * * * * * discretion, grant the waiver of fee. Fees not be waived. for ‘‘Passenger Travel Reports via Sea * * * * *
Form No. Edition date Title
******* I–907 ...... 05–16–01 Request for Premium Processing Services.
*******
6. Section 299.5 is amended in the table by adding the entry for Form ‘‘I–907’’, in proper alpha-numerical sequences, to read as follows: § 299.5 Display of control numbers. * * * * *
Currently as- INS form No. INS form title signed OMB control No.
******* I–907 ...... Request for Premium Processing Services ...... 1115–0241
*******
Dated: May 24, 2001. products by removing France, Ireland, swine into the United States from Kevin D. Rooney, and The Netherlands from the list of France, Ireland, and The Netherlands. Acting Commissioner, Immigration and regions considered to be free of DATES: This interim rule was effective Naturalization Service. rinderpest and foot-and-mouth disease. on February 19, 2001. We invite you to [FR Doc. 01–13566 Filed 5–31–01; 8:45 am] We recently removed Great Britain and comment on this docket. We will BILLING CODE 4410–10–P Northern Ireland from the list of regions consider all comments that we receive considered free of rinderpest and foot- by July 31, 2001. and-mouth disease because of the ADDRESSES: Please send four copies of DEPARTMENT OF AGRICULTURE confirmed outbreak of foot-and-mouth your comment (an original and three disease in those regions. The outbreak copies) to: Docket No. 01–031–1, Animal and Plant Health Inspection in the United Kingdom has since spread Regulatory Analysis and Development, Service elsewhere in the European Union. We PPD, APHIS, Suite 3C03, 4700 River are taking this additional action with Road, Unit 118, Riverdale, MD 20737– 9 CFR Part 94 respect to France, Ireland, and The 1238. Please state that your comment Netherlands because the existence of refers to Docket No. 01–031–1. [Docket No. 01–031–1] You may read any comments that we foot-and-mouth disease has been Change in Disease Status of France, receive on this docket in our reading confirmed there and these Member room. The reading room is located in Ireland, and The Netherlands Because States do not yet meet the Office of Foot-and-Mouth Disease room 1141 of the USDA South Building, International des Epizooties criterion for 14th Street and Independence Avenue AGENCY: Animal and Plant Health freedom of foot-and-mouth disease (i.e., SW., Washington, DC. Normal reading Inspection Service, USDA. a 3-month waiting period after the last room hours are 8 a.m. to 4:30 p.m., case in a region previously recognized ACTION: Interim rule and request for Monday through Friday, except comments. as free of the disease). The effect of this holidays. To be sure someone is there to action is to prohibit or restrict the help you, please call (202) 690–2817 SUMMARY: We are amending the importation of any ruminant or swine before coming. regulations governing the importation of and any fresh (chilled or frozen) meat APHIS documents published in the certain animals, meat, and other animal and other products of ruminants or Federal Register, and related
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information, including the names of the animal health status of the United evaluate the potential risks of further organizations and individuals who have States. FMD outbreaks occurring in different commented on APHIS dockets, are Prior to the effective date of this regions of the EU. Any region for which available on the Internet at http:// interim rule, the EU Member States of sufficient data were not available to www.aphis.usda.gov/ppd/rad/ France, Ireland, and The Netherlands make such an evaluation would be webrepor.html. were listed in §§ 94.1 and 94.11 of the considered to be a high FMD risk until Furthermore, a risk assessment regulations as regions considered to be information became available to support documenting the basis for including the free of rinderpest and FMD. However, a an alternative determination. We set a designated Member States in this action series of FMD outbreaks have occurred deadline of April 27, 2001, for the is available for review in our reading in France, Ireland, and The Netherlands. receipt of this information. To assist us room and on the Internet at http:// Specifically: in evaluating a region’s level of risk • www.aphis.usda.gov/vs/reg- On March 13, 2001, France’s relating to FMD, we asked that the request.html, or by contacting the Ministry of Agriculture and Fisheries information submitted to us address the person listed under FOR FURTHER (MAF) clinically confirmed an outbreak following: INFORMATION CONTACT. of FMD in the department of Mayenne, • Outbreak history in the Member followed by confirmation of a second FOR FURTHER INFORMATION CONTACT: Dr. State or region; outbreak in the department of Seine-et- • Gary Colgrove, Assistant Director, Complete information on European Marne on March 23, 2001; Community (Community) legislation in Sanitary Trade Issues, National Center • On March 22, 2001, Ireland’s for Import and Export, VS, APHIS, 4700 force to control spread of disease among Department of Agriculture, Food and Member States, including information River Road Unit 38, Riverdale, MD Rural Development (DAFRD), reported 20737–1231; (301) 734–4356. on limitations that were identified in clinical confirmation of an outbreak of Community legislation in force at the SUPPLEMENTARY INFORMATION: FMD in County Louth; and • time of the outbreak, changes made to Background The Netherlands’ Ministry of address these limitations, enforcement Agriculture, Nature Management and processes to implement the changes and The regulations in 9 CFR part 94 Fisheries (MANMF) reported clinical (referred to below as the regulations) enforcement of compliance; confirmation of FMD outbreaks in the • Information on surveillance or govern the importation of specified provinces of Overijssel and Gelderland control measures implemented by animals and animal products into the on March 21, 2001, and March 24, 2001. individual Member States in addition to United States in order to prevent the MANMF has since confirmed a number Community legislation; introduction of various animal diseases of additional outbreaks in The • Statistics on trade in live animals including rinderpest, foot-and-mouth Netherlands. and high-risk animal products within disease (FMD), African swine fever, hog MAF, DAFRD, and MANMF notified the Community since January 2001; cholera, and swine vesicular disease. the Office International des Epizooties • Traceback results for animals These are dangerous and destructive (OIE) and the U.S. Department of moving from affected areas; communicable diseases of ruminants Agriculture at the time of clinical • Information on practices that might and swine. Section 94.1 of the confirmation of these FMD diagnoses. serve to introduce disease (e.g., garbage regulations lists regions of the world Based on preliminary epidemiological feeding of swine), surveillance of those that are declared free of rinderpest or studies, the sources of the outbreaks in practices, and recent or planned free of both rinderpest and FMD. France, Ireland, and The Netherlands legislative changes that might affect Rinderpest or FMD exists in all other have been traced back to the United these practices; regions of the world not listed. Section Kingdom. • Mechanisms in place to ensure 94.11 of the regulations lists regions of Because of the close trading compliance with Community and the world that have been declared free relationships that exist among the EU Member State legislation, as well as of rinderpest and FMD, but that are Member States, coupled with the speed mechanisms to identify and correct subject to certain restrictions because of with which FMD has spread from the failures in the safeguarding system; and their proximity to or trading United Kingdom to other areas of the • Vaccination practices and relationships with rinderpest- or FMD- EU, we initially believed it necessary to vaccination records for the regions, as affected regions. impose additional trade restrictions applicable. On March 14, 2001, we published in relating to FMD on the 13 EU Member Other issues such as environmental the Federal Register (66 FR 14825– States listed in our regulations as FMD- factors (e.g., prevailing winds) that 14826, Docket No. 01–018–1) an interim free after implementation of the interim might contribute to disease spread may rule, effective January 15, 2001, that rule for the United Kingdom in order to also be considered. removed Great Britain (England, safeguard the animal health status of the Based on our evaluation of the Scotland, Wales, and the Isle of Man) United States. Consequently, on March information submitted to us by the and Northern Ireland from the list of 13, 2001, we imposed temporary import European Commission and the regions considered to be free of restrictions applicable to the EU with individual Member States, published rinderpest and FMD because the respect to swine and ruminants, any literature, and reports to the OIE, we are existence of FMD had been confirmed in fresh (chilled or frozen) swine or removing France, Ireland, and The both regions. Great Britain and Northern ruminant meat, and other products of Netherlands from the list of regions Ireland participate in the European swine and ruminants. As part of this considered to be free of rinderpest and Union (EU) through the individual process, we also requested information FMD primarily because the existence of Member State status of the United from the European Commission and the FMD has been confirmed there and Kingdom. Due to the magnitude and rate individual Member States to justify why these Member States do not yet meet the of spread of FMD in the United individual Member States should OIE criterion for freedom of FMD (i.e., Kingdom, we felt it necessary to act continue to be considered FMD-free, a 3-month waiting period after the last immediately to remove Great Britain and therefore remain on our list of FMD- case in a region previously recognized and Northern Ireland from the list of free regions in the regulations. We as free of the disease). We have FMD-free regions in order to safeguard intended to use this information to determined that the other EU Member
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States that APHIS considers to be FMD- list of regions considered to be free of regions considered to be free of free represent a low risk for the rinderpest and FMD, we recognize that rinderpest and FMD. We are taking this introduction of FMD into the United the European Commission and the action because the existence of FMD has States, and therefore will be allowed to regions affected by this action have been confirmed there and these Member remain on the list of free regions. The responded to the detection of FMD by States do not yet meet the OIE criterion basis for our designation of these imposing restrictions on the movement for freedom of FMD (i.e., a 3-month Member States is documented in a risk of ruminants, swine, and ruminant and waiting period after the last case in a assessment that may be viewed on the swine products from FMD-affected region previously recognized as free of Internet at http://www.aphis.usda.gov/ areas; by conducting heightened the disease). The effect of this action is vs/reg-request.html. You may also surveillance activities; and by initiating to prohibit or restrict the importation of request paper copies of the risk measures to eradicate the disease. We any ruminant or swine and any fresh assessment by calling or writing the intend to reassess this situation at a (chilled or frozen) meat and other person listed under FOR FURTHER future date in accordance with the products of ruminants or swine into the INFORMATION CONTACT. Please refer to standards of the OIE. As part of that United States from France, Ireland, and Docket No. 01–031–1 when requesting reassessment process, we will consider The Netherlands on or after February copies. The risk assessment is also all comments received on this interim 19, 2001. This action is necessary to available for review in our reading room rule, as well as any additional protect the livestock of the United States (information on the location and hours information or data from the European from FMD. of the reading room is listed under the Commission or individual Member This emergency situation makes heading ADDRESSES at the beginning of States that support changing the disease timely compliance with section 604 of this document). status of a given region or regions. In the Regulatory Flexibility Act (5 U.S.C. We believe that this course of action future reassessments, we will determine 601 et seq.) impracticable. We are is consistent with our obligations under whether it is necessary to continue to currently assessing the potential the World Trade Organization in the prohibit or restrict the importation of economic effects of this action on small Agreement on the Application of ruminants or swine and any fresh entities. Based on that assessment, we Sanitary and Phytosanitary Measures (chilled or frozen) meat and other will either certify that the rule will not and the United States-European Union products of ruminants or swine from have a significant economic impact on Veterinary Equivalency Agreement. We France, Ireland, and The Netherlands, or a substantial number of small entities or are imposing these provisional measures whether we can restore some or all of publish a final regulatory flexibility to safeguard the United States from those countries to the list of regions in analysis. FMD, but not before taking due account which FMD is not known to exist or of the information and other supporting regionalize portions of France, Ireland, Executive Order 12988 data provided us by the European and The Netherlands as FMD-free. Commission and the individual Member This rule has been reviewed under States of the EU in order to avoid any Emergency Action Executive Order 12988, Civil Justice unnecessary disruption of trade. This rulemaking is necessary on an Reform. This rule: (1) Preempts all State Therefore, we are amending the emergency basis to prevent the and local laws and regulations that are regulations in § 94.1 by removing introduction of FMD into the United inconsistent with this rule; (2) has France, Ireland, and The Netherlands States. Under these circumstances, the retroactive effect to February 19, 2001; from the list of regions that have been Administrator has determined that prior and (3) does not require administrative declared to be free of rinderpest and notice and opportunity for public proceedings before parties may file suit FMD. We are also removing France, comment are contrary to the public in court challenging this rule. Ireland, and The Netherlands from the interest and that there is good cause Paperwork Reduction Act list in § 94.11 of regions that are under 5 U.S.C. 553 for making this rule declared to be free of these diseases, but effective less than 30 days after This rule contains no new that are subject to certain restrictions publication in the Federal Register. information collection or recordkeeping because of their proximity to or trading We will consider comments that are requirements under the Paperwork relationships with rinderpest-or FMD- received within 60 days of publication Reduction Act of 1995 (44 U.S.C. 3501 affected regions. As a result of this of this rule in the Federal Register. et seq.). action, the importation into the United After the comment period closes, we List of Subjects in 9 CFR Part 94 States of any ruminant or swine and any will publish another document in the fresh (chilled or frozen) meat and other Federal Register. The document will Animal diseases, Imports, Livestock, products of ruminants and swine from include a discussion of any comments Meat and meat products, Milk, Poultry any part of France, Ireland, and The we receive and any amendments we are and poultry products, Reporting and Netherlands is prohibited or restricted. making to the rule as a result of the recordkeeping requirements. We are making these amendments comments. Accordingly, we are amending 9 CFR effective retroactively to February 19, part 94 as follows: 2001, because the disease may have Executive Order 12866 and Regulatory been present in the affected areas of Flexibility Act PART 94—RINDERPEST, FOOT-AND- France, Ireland, and The Netherlands This rule has been reviewed under MOUTH DISEASE, FOWL PEST (FOWL for some time before the initial Executive Order 12866. For this action, PLAGUE), EXOTIC NEWCASTLE outbreaks were clinically confirmed in the Office of Management and Budget DISEASE, AFRICAN SWINE FEVER, each of these regions. The date of has waived its review process required HOG CHOLERA, AND BOVINE February 19, 2001, takes into account by Executive Order 12866. SPONGIFORM ENCEPHALOPATHY: the potential disease risk prior to We are amending the regulations PROHIBITED AND RESTRICTED discovery and the incubation period for governing the importation of certain IMPORTATIONS FMD. animals, meat, and other animal Although we are removing France, products by removing France, Ireland, 1. The authority citation for part 94 Ireland, and The Netherlands from the and The Netherlands from the list of continues to read as follows:
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Authority: 7 U.S.C. 450, 7711, 7712, 7713, Region, Office of the Regional Counsel, preceded by notice and an opportunity 7714, 7751 and 7754; 19 U.S.C. 1306; 21 Attention: Rules Docket No. 2001–NE– for public comment, comments are U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, 18–AD, 12 New England Executive Park, invited on this rule. Interested persons and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and Burlington, MA 01803–5299. Comments are invited to comment on this rule by 4332; 7 CFR 2.22, 2.80, and 371.4. may also be sent via the Internet using submitting such written data, views, or § 94.1 [Amended] the following address: ‘‘9-ane- arguments as they may desire. [email protected]’’. Comments sent Communications should identify the 2. In § 94.1, paragraph (a)(2) is via the Internet must contain the docket Rules Docket number and be submitted amended by removing the words number in the subject line. in triplicate to the address specified ‘‘France,’’, ‘‘Ireland,’’, and ‘‘The FOR FURTHER INFORMATION CONTACT: under the caption ADDRESSES. All Netherlands,’’. James Rosa, Aerospace Engineer, Engine communications received on or before § 94.11 [Amended] Certification Office, FAA, Engine and the closing date for comments will be Propeller Directorate, 12 New England considered, and this rule may be 3. In § 94.11, paragraph (a) is amended in light of the comments amended by removing the words Executive Park, Burlington, MA 01803– 5299; telephone (781) 238–7152, fax received. Factual information that ‘‘France,’’, ‘‘The Netherlands,’’, and supports the commenter’s ideas and ‘‘Republic of Ireland,’’. (781) 238–7199. SUPPLEMENTARY INFORMATION: This suggestions is extremely helpful in Done in Washington, DC, this 25th day of proposal is prompted by reports of two evaluating the effectiveness of the AD May 2001. No. 4 bearing failures on CFMI CFM56– action and determining whether Craig A. Reed, 7B series turbofan engines since additional rulemaking action would be Administrator, Animal and Plant Health December 2000. Inspections of the failed needed. Inspection Service. bearings indicate marginal metallurgical Comments are specifically invited on [FR Doc. 01–13757 Filed 5–31–01; 8:45 am] structure, most likely due to an uneven the overall regulatory, economic, BILLING CODE 3410–34–P heat treatment process. Both failed environmental, and energy aspects of bearings are from a manufacturing lot of the rule that might suggest a need to 47 parts simultaneously heat-treated. modify the rule. All comments DEPARTMENT OF TRANSPORTATION This condition, if not corrected, could submitted will be available, both before and after the closing date for comments, result in bearing failures, which could in the Rules Docket for examination by Federal Aviation Administration cause an engine failure. interested persons. A report that 14 CFR Part 39 FAA’s Determination of an Unsafe summarizes each FAA-public contact Condition and Proposed Actions concerned with the substance of this AD [Docket No. 2001–NE–18–AD; Amendment will be filed in the Rules Docket. 39–12246; AD 2001–11–05] Since an unsafe condition has been identified that is likely to exist or Commenters wishing the FAA to RIN 2120–AA64 develop on other CFMI CFM56–2, –2B, acknowledge receipt of their comments –3, –5B, –5C and –7B series turbofan submitted in response to this action Airworthiness Directives; CFM must submit a self-addressed, stamped International (CFMI) CFM56–2, –2B, –3, engines of the same type design, this AD is being issued to prevent bearing postcard on which the following –5B, –5C and –7B Series Turbofan statement is made: ‘‘Comments to Engines failures which could cause an engine failure. Docket Number 2001–NE–18–AD.’’ The postcard will be date stamped and AGENCY: Federal Aviation This AD requires: returned to the commenter. Administration, DOT. • Limiting the number of engines ACTION: Final rule; request for with a suspect No. 4 bearing installed to Regulatory Impact one on each airplane within 300 hours comments. This final rule does not have time-in-service (TIS) after the effective federalism implications, as defined in SUMMARY: date of this AD, but no later than July This amendment adopts a Executive Order 13132, because it 1, 2001, whichever occurs earlier. AND new airworthiness directive (AD) that is would not have a substantial direct applicable to CFMI CFM56–2, –2B, –3, • Increasing the frequency of inspections for magnetic particles until effect on the States, on the relationship –5B, –5C and –7B series turbofan between the national government and engines. This action requires limiting the suspect bearing is replaced. AND • Replacing all suspect No. 4 bearings the States, or on the distribution of engines with certain No. 4 bearings to power and responsibilities among the one on each airplane, replacement of within 2,000 hours TIS after the effective date of this AD, but no later various levels of government. certain No. 4 bearings, and increased Accordingly, the FAA has not consulted frequency of inspections for magnetic than December 31, 2001, whichever occurs earlier. with state authorities prior to particles until the suspect bearing is publication of this final rule. replaced. This action is prompted by Immediate Adoption of This AD The FAA has determined that this reports of two bearing failures in the Since a situation exists that requires regulation is an emergency regulation fleet since December 2000. The actions the immediate adoption of this that must be issued immediately to specified in this AD are intended to regulation, it is found that notice and correct an unsafe condition in aircraft, prevent bearing failures, which could opportunity for prior public comment and is not a ‘‘significant regulatory cause an engine failure. hereon are impracticable, and that good action’’ under Executive Order 12866. It DATES: Effective June 11, 2001. cause exists for making this amendment has been determined further that this Comments for inclusion in the Rules effective in less than 30 days. action involves an emergency regulation Docket must be received on or before under DOT Regulatory Policies and July 31, 2001. Comments Invited Procedures (44 FR 11034, February 26, ADDRESSES: Submit comments in Although this action is in the form of 1979). If it is determined that this triplicate to the Federal Aviation a final rule that involves requirements emergency regulation otherwise would Administration (FAA), New England affecting flight safety and, thus, was not be significant under DOT Regulatory
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Policies and Procedures, a final Authority: 49 U.S.C. 106(g), 40113, 44701. engines that have been modified, altered, or regulatory evaluation will be prepared repaired so that the performance of the § 39.13 [Amended] and placed in the Rules Docket. A copy requirements of this AD is affected, the of it, if filed, may be obtained from the 2. Section 39.13 is amended by owner/operator must request approval for an Rules Docket at the location provided adding the following new airworthiness alternative method of compliance in accordance with paragraph (h) of this AD. ADDRESSES. directive: under the caption The request should include an assessment of List of Subjects in 14 CFR Part 39 2001–11–05 CFM International: the effect of the modification, alteration, or Amendment 39–12246. Docket 2001– repair on the unsafe condition addressed by Air transportation, Aircraft, Aviation NE–18–AD. this AD; and, if the unsafe condition has not safety, Safety. Applicability: This airworthiness directive been eliminated, the request should include (AD) is applicable to CFM International specific proposed actions to address it. Adoption of the Amendment CFM56–2, –2B, –3, –5B, –5C and –7B series Compliance: Compliance with this AD is turbofan engines with a No. 4 bearing, part required as indicated, unless already done. Accordingly, pursuant to the number (P/N) 305–355–717–0, that has a authority delegated to me by the To prevent bearing failures, which could serial number (SN) listed in Table 1 of this cause an engine failure, do the following: Administrator, the Federal Aviation AD installed. These engines are installed on, Administration amends part 39 of the but not limited to Airbus Industrie A319, Number of Hours Until Number of Engines Federal Aviation Regulations (14 CFR A320, A321 and A340 series airplanes, Must Be Limited part 39) as follows: Boeing 737 and KC135 series airplanes, and (a) Limit the number of engines with a McDonnell Douglas DC8 series airplanes. suspect No. 4 bearing that has a SN listed in PART 39—AIRWORTHINESS Note 1: This AD applies to each engine the following Table 1 of this AD to one on DIRECTIVES identified in the preceding applicability each airplane within 300 hours time-in- provision, regardless of whether it has been service (TIS) after the effective date of this 1. The authority citation for part 39 modified, altered, or repaired in the area AD, but no later than July 1, 2001, whichever continues to read as follows: subject to the requirements of this AD. For occurs earlier:
TABLE 1.—CFM56 ENGINES WITH SUSPECT NO. 4 BEARINGS
Part serial Engine Engine serial Part No. No. model No.
305–355–717–0 ...... DB387598–C 2B 714172 305–355–717–0 ...... DB387670–5 2 692251 305–355–717–0 ...... DB387608–F 3 725109 305–355–717–0 ...... DB387612–8 3 720493 305–355–717–0 ...... DB387614–4 3 721253 305–355–717–0 ...... DB387625–H 3 720383 305–355–717–0 ...... DB387647–Y 3 857594 305–355–717–0 ...... DB387650–6 3 721237 305–355–717–0 ...... DB387651–5 3 726245 305–355–717–0 ...... DB387661–K 3 856671 305–355–717–0 ...... DB387604–K 5B 779783 305–355–717–0 ...... DB387605–J 5B 779784 305–355–717–0 ...... DB387603–L 5B 779785 305–355–717–0 ...... DB387590–5 5B 779786 305–355–717–0 ...... DB387591–4 5B 779787 305–355–717–0 ...... DB387634–3 5B 779796 305–355–717–0 ...... DB387658–D 5B 779798 305–355–717–0 ...... DB387654–2 5B 779799 305–355–717–0 ...... DB387683–G 5B 779802 305–355–717–0 ...... DB387648–W 5B 779803 305–355–717–0 ...... DB387660–L 5B 779804 305–355–717–0 ...... DB387606–H 5B 779960 305–355–717–0 ...... DB387618–O 5B 779961 305–355–717–0 ...... DB387599–B 5C 741948 305–355–717–0 ...... DB387609–Y 7B 876395 305–355–717–0 ...... DB387611–7 7B 876399 305–355–717–0 ...... DB387615–3 7B 876400 305–355–717–0 ...... DB387601–N 7B 876401 305–355–717–0 ...... DB387594–1 7B 876403 305–355–717–0 ...... DB387592–3 7B 876405 305–355–717–0 ...... DB387610–8 7B 876406 305–355–717–0 ...... DB387600–P 7B 876410 305–355–717–0 ...... DB387649–V 7B 876421 305–355–717–0 ...... DB387678–C 7B 876423 305–355–717–0 ...... DB387652–4 7B 876424 305–355–717–0 ...... DB387659–C 7B 876429 305–355–717–0 ...... DB387693–1 7B 876431 305–355–717–0 ...... DB387655–1 7B 876432 305–355–717–0 ...... DB387684–F 7B 876434 305–355–717–0 ...... DB387588–V 7B 876727 305–355–717–0 ...... DB387657–E 7B 876729 305–355–717–0 ...... DB387653–3 7B 876730 305–355–717–0 ...... DB387597–D 7B 877404 305–355–717–0 ...... DB387602–M 7B 877408
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TABLE 1.—CFM56 ENGINES WITH SUSPECT NO. 4 BEARINGS—Continued
Part serial Engine Engine serial Part No. No. model No.
305–355–717–0 ...... DB387589–U 7B 877427 305–355–717–0 ...... DB387656–O 7B 875232 305–355–717–0 ...... DB387671–4 7B 874219
Replacement of Suspect No. 4 Bearings (5) For CFM56–2, –2B, and –3 engines, ACTION: Direct final rule; confirmation of (b) For engines that have a suspect No. 4 inspect aft sump MCD every 50–75 hours effective date. bearing that has a SN listed in Table 1 of this TSLI. AD, replace the No. 4 bearing with a (6) If bearing particles are found, remove SUMMARY: This document confirms the serviceable part within 2,000 hours TIS, after engine from service before further flight. effective date of a direct final rule which the effective date of this AD, but no later than Terminating Action revises Class E airspace at Phillipsburg, KS. December 31, 2001, whichever occurs earlier. (g) Replacement of a No. 4 bearing that has EFFECTIVE DATE: 0901 UTC, July 12, Installation of Suspect No. 4 Bearings a SN listed in Table 1 of this AD with a No. 4 bearing that does not have a SN listed in 2001. (c) After the effective date of this AD, do Table 1 of this AD is terminating action for not install any No. 4 bearing that has a SN FOR FURTHER INFORMATION CONTACT: the repetitive inspection requirements listed in Table 1 of this AD. Kathy Randolph, Air Traffic Division, specified in paragraph (f) of this AD. (d) After the effective date of this AD, do Airspace Branch, ACE–520C, DOT not install any engine that has a No. 4 bearing Alternative Methods of Compliance Regional Headquarters Building, Federal with a serial number listed in Table 1 of this (h) An alternative method of compliance or Aviation Administration, 901 Locust, AD. adjustment of the compliance time that Kansas City, MO 64106; telephone: Initial Inspections for Chip Detector provides an acceptable level of safety may be (816) 329–2525. Indications used if approved by the Manager, Engine SUPPLEMENTARY INFORMATION: The FAA Certification Office. Operators shall submit (e) For engines that have a suspect No. 4 published this direct final rule with a their request through an appropriate FAA request for comments in the Federal bearing that has a SN listed in Table 1 of this Principal Maintenance Inspector, who may AD, inspect for magnetic chip indications add comments and then send it to the Register on March 2, 2001 (66 FR within in the specified times, and if Manager, Engine Certification Office. 13011). The FAA uses the direct final necessary, disposition as follows: Note 2: Information concerning the rulemaking procedure for a non- (1) For CFM56–5B engines, check existence of approved alternative methods of controversial rule where the FAA electronic magnetic chip detector (EMCD) compliance with this airworthiness directive, believes that there will be no adverse visual indicator within 50 to 75 hours TIS if any, may be obtained from the Engine public comment. This direct final rule after the effective date of this AD. Certification Office. advised the public that no adverse (2) For CFM56–5C engine (741948), check comments were anticipated, and that for class 2 Electronic Centralized Aircraft Special Flight Permits Monitor (ECAM) message ‘‘MAGNETIC CHIP unless a written adverse comment, or a (i) Special flight permits may be issued in written notice of intent to submit such DETECTED’’ before further flight. accordance §§ 21.197 and 21.199 of the (3) For CFM56–7B engines equipped with an adverse comment, were received Federal Aviation Regulations (14 CFR 21.197 within the comment period, the Debris Monitoring System (DMS) option, and 21.199) to operate the aircraft to a check Flight Management Computer—Master location where the requirements of this AD regulation would become effective on Control Display Unit (FMC–MCDU) for can be accomplished. July 12, 2001. No adverse comments message 79–2114 before further flight. were received, and thus this notice (4) For CFM56–7B engines equipped with Effective Date of This AD confirms that this direct final rule will classic magnetic chip detectors (MCD), (j) This amendment becomes effective on become effective on that date. inspect aft sump MCD within 50 to 75 hours June 11, 2001. TIS after the effective date of this AD. Issued in Kansas City, MO, on May 9, 2001. Issued in Burlington, Massachusetts, on (5) For CFM56–2, –2B, and –3 engines, Richard L. Day, May 24, 2001. inspect aft sump MCD within 50 to 75 hours Acting Manager, Air Traffic Division, Central TIS after the effective date of this AD. Thomas A. Boudreau, Region. (6) If bearing particles are found, remove Acting Manager, Engine and Propeller [FR Doc. 01–13673 Filed 5–31–01; 8:45 am] Directorate, Aircraft Certification Service. engine from service before further flight. BILLING CODE 4910–13–M [FR Doc. 01–13720 Filed 5–31–01; 8:45 am] Repetitive Inspections for Chip Detector Indications BILLING CODE 4910–13–U DEPARTMENT OF TRANSPORTATION (f) Thereafter, inspect for chip indications in accordance with the specified time-since- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration last-inspection (TSLI), and if necessary, disposition as follows: Federal Aviation Administration (1) For CFM56–5B engines, check EMCD 14 CFR Part 97 visual indicator every 50–75 hours TSLI. [Docket No. 30249; Amdt. No. 2052] (2) For CFM56–5C engine (741948), check 14 CFR Part 71 for class 2 ECAM message ‘‘MAGNETIC CHIP Standard Instrument Approach DETECTED’’ after every flight. [Airspace Docket No. 01–ACE–2] Procedures; Miscellaneous (3) For CFM56–7B engines equipped with Amendments DMS option, check FMC–MCDU for message Amendment to Class E Airspace; 79–2114 once per day. Phillipsburg, KS AGENCY: Federal Aviation (4) For CFM56–7B engines equipped with Administration (FAA), DOT. classic MCD, inspect aft sump MCD every AGENCY: Federal Aviation ACTION: Final rule. 50–75 hours TSLI. Administration, DOT.
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SUMMARY: This amendment establishes, description of each SIAP is contained in Conclusion amends, suspends, or revokes Standard official FAA form documents which are The FAA has determined that this Instrument Approach Procedures incorporated by reference in this regulation only involves an established (SIAPs) for operations at certain amendment under 5 U.S.C. 552(a), 1 body of technical regulations for which airports. These regulatory actions are CFR part 51, and § 97.20 of the Federal frequent and routine amendments are needed because of the adoption of new Aviation Regulations (FAR). The necessary to keep them operationally or revised criteria, or because of changes applicable FAA Forms are identified as current. It, therefore—(1) is not a occurring in the National Airspace FAA Forms 8260–3, 8260–4, and 8260– ‘‘significant regulatory action’’ under System, such as the commissioning of 5. Materials incorporated by reference Executive Order 12866; (2) is not a new navigational facilities, addition of are available for examination or ‘‘significant rule’’ under DOT new obstacles, or changes in air traffic purchase as stated above. Regulatory Policies and Procedures (44 requirements. These changes are FR 11034; February 26, 1979); and (3) designed to provide safe and efficient The large number of SIAPs, their does not warrant preparation of a use of the navigable airspace and to complex nature, and the need for a regulatory evaluation as the anticipated promote safe flight operations under special format make their verbatim impact is so minimal. For the same instrument flight rules at the affected publication in the Federal Register reason, the FAA certifies that this airports. expensive and impractical. Further, airmen do not use the regulatory text of amendment will not have a significant DATES: An effective date for each SIAP the SIAPs, but refer to their graphic economic impact on a substantial is specified in the amendatory depiction on charts printed by number of small entities under the provisions. publishers of aeronautical materials. criteria of the Regulatory Flexibility Act. Incorporation by reference-approved Thus, the advantages of incorporation by the Director of the Federal Register List of Subjects in 14 CFR Part 97 by reference are realized and on December 31, 1980, and reapproved publication of the complete description Air Traffic Control, Airports, as of January 1, 1982. of each SIAP contained in FAA form Navigation (Air). ADDRESSES: Availability of matters documents is unnecessary. The Issued in Washington, DC on May 25, incorporated by reference in the provisions of this amendment state the 2001. amendment is as follows: affected CFR (and FAR) sections, with Nicholas A. Sabatini, For Examination— 1. FAA Rules Docket, FAA the tapes and effective dates of the Director, Flight Standards Service. Headquarters Building, 800 SIAPs. This amendment also identifies Adoption of the Amendment Independence Avenue, SW., the airport, its location, the procedure Washington, DC 20591; identification and the amendment Accordingly, pursuant to the 2. The FAA Regional Office of the number. authority delegated to me, part 97 of the Federal Aviation Regulations (14 CFR region in which the affected airport is The Rule located; or part 97) is amended by establishing, 3. The Flight Inspection Area Office This amendment to part 97 is effective amending, suspending, or revoking which originated the SIAP. upon publication of each separate SIAP Standard Instrument Approach For Purchase—Individual SIAP as contained in the transmittal. Some Procedures, effective at 0901 UTC on copies may be obtained from: SIAP amendments may have been the dates specified, as follows: 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a 200), FAA Headquarters Building, 800 PART 97—STANDARD INSTRUMENT National Flight Data Center (NFDC) APPROACH PROCEDURES Independence Avenue, SW., Notice to Airmen (NOTAM) as an Washington, DC 20591; or emergency action of immediate flight 1. The authority citation for part 97 is 2. The FAA Regional Office of the safety relating directly to published revised to read as follows: region in which the affected airport is aeronautical charts. The circumstances located. Authority: 49 U.S.C. 106(g), 40103, 40113, By Subscription—Copies of all SIAPs, which created the need for some SIAP 40120, 44701; and 14 CFR 11.49(b)(2). mailed once every 2 weeks, are for sale amendments may require making them effective in less than 30 days. For the 2. Part 97 is amended to read as by the Superintendent of Documents, follows: U.S. Government Printing Office, remaining SIAPs, an effective date at Washington, DC 20402. least 30 days after publication is §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33 provided. FOR FURTHER INFORMATION CONTACT: and 97.35 [Amended] Donald P. Pate, Flight Procedure Further, the SIAPs contained in this By amending: § 97.23 VOR, VOR/ Standards Branch (AMCAFS–420), amendment are based on the criteria DME, VOR or TACAN, and VOR/DME Flight Technologies and Programs contained in the U.S. Standard for or TACAN; § 97.25 LOC, LOC/DME, Division, Flight Standards Service, Terminal Instrument Procedures LDA, LDA/DME, SDF, SDF/DME; Federal Aviation Administration, Mike (TERPS). In developing these SIAPs, the § 97.27 NDB, NDB/DME; § 97.29 ILS, Monroney Aeronautical Center, 6500 TERPS criteria were applied to the ILS/DME, ISMLS, MSL, MSL/DME, South MacArthur Blvd. Oklahoma City, conditions existing or anticipated at the MLS/RNAV; § 97.31 RADAR SIAPs; OK 73169 (Mail Address: P.O. 25082 affected airports. Because of the close § 97.33 RNAV SIAPs; and § 97.35 Oklahoma City, OK. 73125) telephone: and immediate relationship between COPTER SIAPs, identified as follows: (405) 954–4164. these SIAPs and safety in air commerce, * * * Effective July 12, 2001 SUPPLEMENTARY INFORMATION: This I find that notice and public procedure before adopting these SIAPs are Twin Falls, ID, Joslin Field-Magic Valley amendment to part 97 of the Federal Regional, ILS RWY 25, Amdt 8 Aviation Regulations (14 CFR part 97) impracticable and contrary to the public Manistee, MI, Manistee County-Blacker, VOR establishes, amends, suspends, or interest and, where applicable, that RWY 9, Orig revokes Standard Instrument Approach good cause exists for making some Manistee, MI, Manistee County-Blacker, VOR Procedures (SIAPs). The complete SIAPs effective in less than 30 days. RWY 27, Orig
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Manistee, MI, Manistee County-Blacker, VOR the National Airspace System, such as Aviation’s Regulations (FAR). Materials OR GPS RWY 9, Amdt 11 CANCELLED the commissioning of new navigational incorporated by reference are available Manistee, MI, Manistee County-Blacker, VOR facilities, addition of new obstacles, or for examination or purchase as stated OR GPS RWY 27, Amdt 11 CANCELLED changes in air traffic requirements. above. Saginaw, MI, MBS Intl, VOR RWY 5, Amdt The large number of SIAPs, their 14A These changes are designed to provide Saginaw, MI, MBS Intl, VOR RWY 14, Amdt safe and efficient use of the navigable complex nature, and the need for a 13B airspace and to promote safe flight special format make their verbatim Saginaw, MI, MBS Intl, VOR RWY 23, Amdt operations under instrument flight rules publication in the Federal Register 14A at the affected airports. expensive and impractical. Further, Saginaw, MI, MBS Intl, VOR RWY 32, Amdt DATES: An effective date for each SIAP airmen do not use the regulatory text of 9B is specified in the amendatory the SIAPs, but refer to their graphic Saginaw, MI, MBS Intl, RNAV (GPS) RWY 5, depiction of charts printed by Orig provisions. Incorporation by reference-approved publishers of aeronautical materials. Saginaw, MI, MBS Intl, RNAV (GPS) RWY Thus, the advantages of incorporation 14, Orig by the Director of the Federal Register Saginaw, MI, MBS Intl, RNAV (GPS) RWY on December 31, 1980, and reapproved by reference are realized and 23, Orig as of January 1, 1982. publication of the complete description of each SIAP contained in FAA form Saginaw, MI, MBS Intl, RNAV (GPS) RWY ADDRESSES: Availability of matter documents is unnecessary. The 32, Orig incorporated by reference in the Minneapolis, MN Minneapolis-St Paul Intl/ provisions of this amendment state the amendment is as follows: Wold Chamberlain, ILS RWY 22, Amdt 8 affected CFR (and FAR) sections, with For Examination— Point Lookout, MO, M. Graham Clark, NDB the types and effective dates of the RWY 29, Amdt 7A (CANCELLED) 1. FAA Rules Docket, FAA Headquarters Building, 800 SIAPs. This amendment also identifies St. Louis, MO, Lambert-St. Louis Int’l, ILS the airport, its location, the procedure PRM RWY 30R, Orig (Simultaneous Close Independence Avenue, SW., identification and the amendment Parallel) Washington, DC 20591; Fargo, ND, Hector Intl, VOR OR TACAN 2. The FAA Regional Office of the number. RWY 35, Amdt 12B region in which affected airport is The Rule Fargo, ND, Hector Intl, VOR/DME OR located; or This amendment to part 97 of the TACAN RWY 17. Orig-D 3. The Flight Inspection Area Office Fargo, ND, Hector Intl, RNAV (GPS) RWY 13, Federal Aviation Regulations (14 CFR Orig which originated the SIAP. part 97) establishes, amends, suspends, For Purchase—Individual SIAP Fargo, ND, Hector Intl, RNAV (GPS) RWY 17, or revokes SIAPs. For safety and Orig copies may be obtained from: timeliness of change considerations, this 1. FAA Public Inquiry Center (APA– Fargo, ND, Hector Intl, RNAV (GPS) RWY 31, amendment incorporates only specific Orig 200), FAA Headquarters Building, 800 changes contained in the content of the Fargo, ND, Hector Intl, RNAV (GPS) RWY 35, Independence Avenue, SW., Orig following FDC/P NOTAMs for each Washington, DC 20591; or SIAP. The SIAP information in some Del Rio, TX, Del Rio Intl, RNAV (GPS) RWY 2. The FAA Regional Office of the previously designated FDC/Temporary 13, Orig region in which the affected airport is Del Rio, TX, Del Rio Intl, GPS RWY 13, Amdt (FDC/T) NOTAMs is of such duration as located. 1, CANCELLED to be permanent. With conversion to By Subscription—Copies of all SIAPs, Charlotte Amalie, VI, Cyril E. King, RNAV FDC/P NOTAMs, the respective FDC/T mailed once every 2 weeks, are for sale (GPS) Z RWY 10, Amdt 1 NOTAMs have been canceled. by the Superintendent of Documents, * * * Effective September 6, 2001 The FDC/P NOTAMs for the SIAPs U.S. Government Printing Office, contained in this amendment are based White Plains, NY, Westchester County, Washington, DC 20402. RNAV (GPS) RWY 34, Amdt 1 on the criteria contained in the U.S. FOR FURTHER INFORMATION CONTACT: Standard for Terminal Instrument [FR Doc. 01–13794 Filed 5–31–01; 8:45 am] Donald P. Pate, Flight Procedure Procedures (TERPS). In developing BILLING CODE 4910–13–M Standards Branch (AMCAFS–420), these chart changes to SIAPs by FDC/P Flight Technologies and Programs NOTAMs, the TERPS criteria were Division, Flight Standards Service, applied to only these specific conditions DEPARTMENT OF TRANSPORTATION Federal Aviation Administration, Mike existing at the affected airports. All Monroney Aeronautical Center, 6500 Federal Aviation Administration SIAP amendments in this rule have South MacArthur Blvd., Oklahoma City, been previously issued by the FAA in a OK 73169 (Mail Address: P.O. Box 14 CFR Part 97 National Flight Data Center (FDC) 25082, Oklahoma City, OK 73125) Notice to Airmen (NOTAM) as an [Docket No. 30250; Amdt. No. 2053] telephone: (405) 954–4164. emergency action of immediate flight SUPPLEMENTARY INFORMATION: This safety relating directly to published Standard Instrument Approach amendment to part 97 of the Federal aeronautical charts. The circumstances Procedures; Miscellaneous Aviation Regulations (14 CFR part 97) which created the need for all these Amendments establishes, amends, suspends, or SIAP amendments requires making AGENCY: Federal Aviation revokes Standard Instrument Approach them effective in less than 30 days. Administration (FAA), DOT. Procedures (SIAPs). The complete Further, the SIAPs contained in this ACTION: Final rule. regulatory description on each SIAP is amendment are based on the criteria contained in the appropriate FAA Form contained in the TERPS. Because of the SUMMARY: This amendment establishes, 8260 and the National Flight Data close and immediate relationship amends, suspends, or revokes Standard Center (FDC)/Permanent (P) Notices to between these SIAPs and safety in air Instrument Approach Procedures Airmen (NOTAM) which are commerce, I find that notice and public (SIAPs) for operations at certain incorporated by reference in the procedure before adopting these SIAPs airports. These regulatory actions are amendment under 5 U.S.C. 552(a), 1 are impracticable and contrary to the needed because of changes occurring in CFR part 51, and § 97.20 of the Federal public interest and, where applicable,
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that good cause exists for making these List of Subjects in 14 CFR Part 97 PART 97—STANDARD INSTRUMENT SIAPs effective in less than 30 days. APPROACH PROCEDURES Air Traffic Control, Airports, Conclusion Navigation (Air). 1. The authority citation for part 97 is revised to read as follows: The FAA has determined that this Issued in Washington, DC on May 25, regulation only involves an established 2001. Authority: 49 U.S.C. 40103, 40113, 40120, body of technical regulations for which Nicholas A. Sabatini, 44701; 49 U.S.C. 106(g); and 14 CFR frequent and routine amendments are 11.49(b)(2). Director, Flight Standards Service. necessary to keep them operationally 2. Part 97 is amended to read as current. It, therefore—(1) is not a Adoption of the Amendment follows: ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a Accordingly, pursuant to the §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended] ‘‘significant rule’’ under DOT authority delegated to me, part 97 of the Regulatory Policies and Procedures (44 Federal Aviation Regulations (14 CFR By amending: § 97.23 VOR, VOR/ FR 11034; February 26, 1979); and (3) part 97) is amended by establishing, DME, VOR or TACAN, and VOR/DME does not warrant preparation of a amending, suspending, or revoking or TACAN; § 97.25 LOC, LOC/DME, regulatory evaluation as the anticipated LDA, LDA/DME, SDF, SDF/DME; Standard Instrument Approach impact is so minimal. For the same § 97.27 NDB, NDB/DME; § 97.29 ILS, Procedures, effective at 0901 UTC on reason, the FAA certifies that this ILS/DME, ISMLS, MLS/DME, MLS/ the dates specified, as follows: amendment will not have a significant RNAV; § 97.31 RADAR SIAPs; § 97.33 economic impact on a substantial RNAV SIAPs; and § 97.35 COPTER number of small entities under the SIAPs, Identified as follows: * * * criteria of the Regulatory Flexibility Act. Effective Upon Publication
FDC date State City Airport FDC No. Subject
04/30/01 ...... TX Dallas-Fort Worth ...... Dallas-Fort Worth Intl ...... 1/4048 ILS Rwy 36L, Amdt 6A 05/09/01 ...... NY Westhampton Beach ..... The Francis S. Gabreski ...... 1/4326 Copter ILS Rwy 24, Amdt 1A 05/09/01 ...... TX Cleveland ...... Cleveland Muni ...... 1/4368 GPS 16, Orig 05/09/01 ...... NY White Plains ...... Westchester County ...... 1/4389 Copter ILS/DME 162, Orig–A 05/10/01 ...... NC Maxton ...... Laurinburg-Maxton ...... 1/4434 NDB or GPS Rwy 5, Orig–A 05/15/01 ...... MI Romeo ...... Romeo State ...... 1/4534 GPS Rwy 36, Orig 05/15/01 ...... MI Romeo ...... Romeo State ...... 1/4535 VOR/DME or GPS–A, Amdt 7 05/15/01 ...... MI Coldwater ...... Branch County Memorial ...... 1/4541 VOR Rwy 6, Amdt 4A 05/15/01 ...... MI Lansing ...... Capital City ...... 1/4549 VOR or GPS Rwy 24, Amdt 8A 05/15/01 ...... MI Lansing ...... Capital City ...... 1/4550 Radar–1, Amdt 14 05/15/01 ...... OK Tulsa ...... Tulsa Intl ...... 1/4571 HI–NDB or ILS Rwy 18L, Amdt 4 05/15/01 ...... VA Saluda ...... Hummel Field ...... 1/4589 GPS Rwy 36, Orig (This replaces FDC 1/4589 in TL 01–12) 05/16/01 ...... CA Oakland ...... Metropolitan Oakland Intl ...... 1/4602 NDB Rwy 27R, Amdt 5 (This re- places FDC 1/2278 in TL 01–12) 05/16/01 ...... AK Koliganek ...... Koliganek ...... 1/4612 GPS Rwy 27, Orig–A 05/16/01 ...... AK Koliganek ...... Koliganek ...... 1/4613 GPS Rwy 9, Orig–A 05/17/01 ...... NY Elmira ...... Elmira/Corning Regional ...... 1/4631 RNAV (GPS) Rwy 28, Orig 05/17/01 ...... OH Cleveland ...... Cleveland-Hopkins Intl ...... 1/4632 ILS Rwy 5R (CAT I, II, III), Amdt 16 05/17/01 ...... OH Cleveland ...... Cleveland-Hopkins Intl ...... 1/4633 NDB or GPS Rwy 5R, Amdt 5A 05/17/01 ...... OH Cleveland ...... Cleveland-Hopkins Intl ...... 1/4634 ILS Rwy 23L, Amdt 17A 05/17/01 ...... OH Cleveland ...... Cleveland-Hopkins Intl ...... 1/4635 NDB or GPS Rwy 23L, Amdt 1A 05/17/01 ...... NM Albuquerque ...... Albuquerque Intl Sunport ...... 1/4654 ILS Rwy 3, Orig–B 05/17/01 ...... AZ Phoenix ...... Williams Gateway ...... 1/4663 VOR or TACAN Rwy 30C, Amdt 1A 05/17/01 ...... AZ Phoenix ...... Williams Gateway ...... 1/4664 ILS Rwy 30C, Amdt 2 05/17/01 ...... MI Ionia ...... Ionia County ...... 1/4666 RNAV (GPS) Rwy 27, Orig 05/17/01 ...... MI Coldwater ...... Branch County Memorial ...... 1/4669 RNAV (GPS) Rwy 6, Orig–A 05/17/01 ...... TX Harlingen ...... Valley International ...... 1/4680 NDB or GPS Rwy 17R, Amdt 11A 05/17/01 ...... TX Waco ...... Waco Regional ...... 1/4689 GPS Rwy 19, Orig–A 05/17/01 ...... TX Waco ...... Waco Regional ...... 1/4690 GPS Rwy 1, Orig–A 05/17/01 ...... OK Ardmore ...... Ardmore Downtown Executive ...... 1/4699 GPS Rwy 17, Orig 05/18/01 ...... MN Minneapolis ...... Minneapolis-St Paul Intl (Wold- 1/4734 Copter ILS Rwy 30R, Orig Chamberlain). 05/18/01 ...... MN Minneapolis ...... Minneapolis-St Paul Intl (Wold- 1/4735 ILS Rwy 30R, Amdt 10A Chamberlain). 05/18/01 ...... MN Minneapolis ...... Minneapolis-St Paul Intl (Wold- 1/4736 ILS PRM Rwy 30R, Amdt 5A Chamberlain). 05/21/01 ...... NM Albuquerque ...... Albuquerque Intl Sunport ...... 1/4813 NDB or GPS Rwy 35, Amdt 7A 05/22/01 ...... CA San Jose ...... San Jose Intl ...... 1/4869 LOC/DME Rwy 30L, Amdt 11 05/22/01 ...... CA San Jose ...... San Jose Intl ...... 1/4870 NDB/DME Rwy 30L, Amdt 5 05/22/01 ...... CA San Jose ...... San Jose Intl ...... 1/4871 VOR Rwy 12R, Amdt 3 05/22/01 ...... CA San Jose ...... San Jose Intl ...... 1/4872 GPS Rwy 12R, Orig 05/22/01 ...... CA San Jose ...... San Jose Intl ...... 1/4873 VOR/DME Rwy 30L, Amdt 1 05/23/01 ...... NY New York ...... Laguardia ...... 1/4943 Copter ILS/DME Rwy 22, Amdt 1
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[FR Doc. 01–13795 Filed 5–31–01; 8:45 am] What Is Required To Establish a needed additional time to prepare its BILLING CODE 4910–13–M Viticultural Area? comments. In view of this, on November Any interested person may petition 26, 1999, ATF published Notice No. 886 ATF to establish a grape-growing region extending the comment period until DEPARTMENT OF THE TREASURY as a viticultural area. The petition January 28, 2000. should include: Comments Bureau of Alcohol, Tobacco and • Evidence that the name of the Thirty-nine comments were received Firearms proposed viticultural area is locally in response to Notice 882. Thirty-seven and/or nationally known as referring to of the comments favored adoption of the 27 CFR Part 9 the area specified in the petition; viticultural area as proposed. Twenty- • Historical or current evidence that [T.D. ATF–456 ; Re: Notice No. 882] five of these specifically supported the the boundaries of the viticultural area use of the Napa and Sonoma county line RIN 1512–AA07 are as specified in the petition; • Evidence relating to the as one of the boundary lines for Diamond Mountain District Viticultural proposed area. These commenters geographical characteristics (climate, Area (99R–223P) maintained that because the name soil, elevation, physical features, etc.) ‘‘Diamond Mountain’’ has always been AGENCY: Bureau of Alcohol, Tobacco which distinguish the viticultural associated with Napa Valley, the and Firearms (ATF), Department of the features of the proposed area from boundaries should not encompass any Treasury. surrounding areas; • A description of the specific areas outside Napa County. ACTION: Treasury decision, final rule. Fred and Mary Constant of Diamond boundaries of the viticultural area, Mountain Vineyards submitted two SUMMARY: This Treasury decision will based on features which can be found establish a viticultural area in Napa comments proposing two changes to the on United States Geological Survey proposed viticultural area. First, they County, California, to be known as (U.S.G.S.) maps of the largest applicable ‘‘Diamond Mountain District.’’ This proposed changing the name to scale; and ‘‘Diamond Mountain District.’’ The viticultural area is a result of a petition • A copy (or copies) of the Constants argued that because the submitted by Rudy von Strasser of Von appropriate U.S.G.S. map(s) with the proposed area does not physically Strasser Winery on behalf of the boundaries prominently marked. Diamond Mountain Appellation encompass all of Diamond Mountain, as Committee, representing 15 growers and 2. Rulemaking Proceeding identified on the U.S.G.S. map included vintners in the proposed area. in the petition, the name ‘‘Diamond Petition Mountain’’ could be confusing. The EFFECTIVE DATE: Effective July 31, 2001. Rudy von Strasser of Von Strasser Constants, who own a trademark for the FOR FURTHER INFORMATION CONTACT: Winery petitioned ATF for the name ‘‘Diamond Mountain Vineyard’’, Jennifer Berry, Bureau of Alcohol, establishment of a viticultural area in also felt that ‘‘Diamond Mountain Tobacco and Firearms, 111 W. Huron Napa County, California, to be called District’’ would reduce confusion and Street, Room 219, Buffalo, New York ‘‘Diamond Mountain.’’ The petition was conflicts with their trademark, their 14202–2301, (716) 551–4048. filed on behalf of the Diamond winery name, and other Diamond SUPPLEMENTARY INFORMATION: Mountain Appellation Committee, Mountain trademarks. As evidence for 1. Background on Viticultural Areas whose 15 growers and vintners the use of this name, the Constants represent 87 percent of the total submitted two documents in which What Is ATF’s Authority To Establish a vineyard holdings in the viticultural ‘‘District’’ is used in association with Viticultural Area? area. The proposed viticultural area is ‘‘Diamond Mountain’’. One, a 1913 ATF published Treasury Decision located entirely in Napa County, school board document, twice referred ATF–53 (43 FR 37672, 54624) on California and encompasses to the Diamond Mountain school August 23, 1978. This decision revised approximately 5,000 acres, of which district. The other, an article from the the regulations in 27 CFR part 4, approximately 450 acres are planted to 12/4/99 issue of the Wine Business Labeling and Advertising of Wine, to vineyards. Insider on the proposed Diamond allow the establishment of definitive Mountain viticultural area, used the Notices of Proposed Rulemaking viticultural areas. The regulations allow phrase ‘‘Diamond Mountain District’’. the name of an approved viticultural A Notice of Proposed Rulemaking, The Constants also proposed area to be used as an appellation of Notice No. 882, was published in the amending the southwestern boundary of origin on wine labels and in wine Federal Register on September 29, 1999, the viticultural area to include their advertisements. On October 2, 1979, requesting comments from all interested Sonoma county property. Their ATF published Treasury Decision ATF– persons concerning the proposed vineyard, Diamond Mountain Vineyard, 60 (44 FR 56692) which added 27 CFR viticultural area. The comment period straddles the Napa and Sonoma county part 9, American Viticultural Areas, for was to close on November 29, 1999. On line. Fifty-five of its acres are located in the listing of approved American November 15, 1999, ATF received a Napa County within the proposed viticultural areas, the names of which request from Fred and Mary Constant of boundaries of the Diamond Mountain may be used as appellations of origin. Diamond Mountain Vineyard to extend viticultural area, while 15 of its acres the comment period an additional 60 are in Sonoma county, just outside the What Is the Definition of an American days. Diamond Mountain Vineyard is proposed boundaries. The Constants Viticultural Area? located within both Napa and Sonoma argued that their Sonoma property is on An American viticultural area is a Counties, partially within the Diamond Mountain and should delimited grape-growing region boundaries proposed for the Diamond therefore be included in any viticultural distinguishable by geographic features. Mountain viticultural area. According to area bearing its name. Referring to the Viticultural features such as soil, the winery, it had been unable to get U.S.G.S. map submitted by the climate, elevation, topography, etc., timely and complete information on the petitioners (Calistoga, CA 1993, distinguish it from surrounding areas. specifics of the proposal and therefore it 1:24,000), they pointed out that much of
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Diamond Mountain, including its peak, The petitioners also submitted, as part finds that this name could be confused is actually in Sonoma County. of their counter comments, a document with the Constants ’ winery, Diamond Their proposal was supported by their written by wine historian William F. Mountain Vineyards. ATF therefore assertion that the climate and soil of Heintz titled ‘‘Diamond Mountain—An feels that the name ‘‘Diamond Mountain their Sonoma property is Overview of its History & the District’’ is a better choice. This name is indistinguishable from that of their Rasmussens on Diamond Mountain known to refer to the viticultural area Napa property. They stated that it is Napa County, California.’’ Mr. Heintz and is not misleading. found historical records indicating that unlikely for climate to vary dramatically Boundaries over a distance of a few hundred feet on ‘‘Diamond Mountain’’ was a Napa the same side of a mountain. The County region name and road name ATF finds that the evidence provided elevation of their Sonoma property is before it was used for the mountain by Fred and Mary Constant is not not an issue, according to the Constants, peak. According to Mr. Heintz’s sufficient to change the boundaries as because the highest part of their Sonoma research, the earliest use of the name on originally proposed. In order for ATF to property is no higher than the highest a Sonoma County map was in 1970. adopt their proposal, the evidence part of their Napa property. The soil, Thus, the petitioners argued, ‘‘Diamond would need to show that: (1) Their they asserted, is also consistent between Mountain’’ is historically a Napa County Sonoma County property is recognized their Napa and Sonoma parcels. The name. by consumers and the wine industry as Constants did not provide any evidence Mr. Heintz also researched the history part of the viticultural area, and (2) their supporting this claim. of the Rasmussen’s vineyards by Sonoma County property shares geographic characteristics with the Additionally, the Constants stated examining Napa and Sonoma County viticultural area. Both of these elements that their vineyard, originally planted to assessment records and interviewing must be proved by the evidence for the vines around 1900 by Andrew individuals familiar with the Rasmussen/Constant property. He proposal to be adopted. Rasmussen, is one of the oldest on First, the Constants did not establish Diamond Mountain. They submitted concluded that the Rasmussens never grew grapes on the Sonoma portion of that their Sonoma County property is several pieces of evidence which recognized as part of the viticultural mention the Rasmussen vineyards as their property. Two commenters concurred, stating their personal area. To provide name recognition and located on Diamond Mountain near the boundary evidence, the petitioners Napa-Sonoma County line. Because of observations of the property in question showed that, prior to the Constants’ submitted over forty articles from the historical importance of their newspapers, magazines, and reference vineyard, the Constants felt it should be ownership, it was heavily forested and contained no evidence of old grape books referring to Diamond Mountain as included in the viticultural area in its a wine region in Napa Valley or Napa entirety. plantings. Finally, the petitioners argued that the County. None of these articles mention Finally, the Constants stated that the division of the Constants’ vineyards by wineries or vineyards in Sonoma division of their vineyards by the the viticultural area boundary would County. viticultural area boundaries will create not create a financial or administrative Both the petitioners and the Constants an administrative and financial burden burden. They pointed out that this referenced an article from the January- for them by forcing them to track the boundary is already one of the February 1977 issue of Connoisseurs’ origin of their grapes. boundaries of the Napa Valley Guide to California Wine titled ‘‘Napa Petitioners’ Response viticultural area. They argued that the Valley Appellations.’’ This article Constants knowingly purchased a parcel identifies Diamond Mountain as one of The petitioners, in counter comments, in Sonoma, on the other side of the several Napa Valley areas having unique initially disagreed with both the present Napa Valley boundary, thus grape-growing characteristics. In their proposed name change and the proposal choosing to divide their vineyard comments, the Constants quote this to include Sonoma County property in holdings. Their financial and article, ‘‘We would identify the whole the viticultural area, calling the administrative burden, the petitioners mountain area west of the Valley and evidence cited for these changes weak. maintained, would not change with the north of Spring Mountain as Diamond On January 22, 2001, the petitioners establishment of the proposed Diamond Mountain,’’ and argue that it supports wrote to ATF stating that they had Mountain District boundaries. the inclusion of their vineyard in the reconsidered and now wished to change viticultural area. However, because of the name of the viticultural area to ATF Analysis of Comments the vagueness of this description, and ‘‘Diamond Mountain District.’’ After careful review of the comments, the fact that this article is clearly However, they stated that they were ATF has concluded that the evidence referencing Napa Valley areas, ATF does against any change in the proposed provided supports the creation of the not find this article to be sufficient boundaries. viticultural area with the name evidence for the Constants’ proposed While the petitioners acknowledged ‘‘Diamond Mountain District’’ and with boundaries. that Diamond Mountain’s peak is in the boundaries as originally proposed. Both the Constants and the petitioners Sonoma County, they argued that presented arguments on whether the historical and current usage of the name Name Rasmussens grew grapes on the is strongly associated with Napa, not ATF finds that sufficient evidence has Constants’ Sonoma parcel on Diamond Sonoma, County. The petitioners been submitted to support the name Mountain. The petitioners submitted submitted, as part of either the petition ‘‘Diamond Mountain District.’’ In several pieces of evidence that or counter comments, over 40 articles addition to insuring that the viticultural persuasively indicated that while the referencing Diamond Mountain as a name is that by which the area is locally Rasmussens did grow grapes on their grape growing area in Napa Valley or and/or nationally known, ATF must Napa property, they did not grow any Napa County. The petitioners felt that also insure that the name is not false or on their Sonoma property. The including Sonoma County land in a misleading to the consumer. While the Constants’ evidence was more general viticultural area associated with Napa evidence shows that the area has also and merely established the site of the Valley would be confusing to the public. been called ‘‘Diamond Mountain’’, ATF Rasmussens’ property, and not that they
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grew grapes in Sonoma County. After locally and nationally known as regions with separate names, histories, analysis of the combined evidence, ATF referring to that part of Diamond geographic features and political finds that the Sonoma County portion of Mountain in Napa County. This, along boundaries. The petitioner cited the Diamond Mountain does not share the with the petitioners’ climate and soil Fourth Edition of The Connoisseurs’ viticultural history of the Napa County evidence, supports designating only the Handbook of the Wines of California portion. Napa County part of Diamond Mountain and the Pacific Northwest for a Second, the Constants did not as the viticultural area ‘‘Diamond description of the proposed area ‘‘*** establish that that their Sonoma County Mountain District.’’ a portion of the Napa Valley’s western property shares geographic hills between St. Helena and Calistoga’’. Evidence That the Name of the Area Is characteristics with the proposed This citation was accompanied by a Locally or Nationally Known viticultural area. It is indisputable that map which shows the rough limits of the geographic feature called ‘‘Diamond The Diamond Mountain District has the region: Spring Mountain to the Mountain’’, as depicted on the been home to vineyards and wineries south, the 400 foot elevation that petitioners’’ U.S.G.S. map, includes part since the 1860’s. According to the generally parallels Highway 29 to the of Sonoma County and the Constants’ petitioner’s evidence, a Mr. Joseph east, Petrified Forest Road to the north vineyard. However, ATF has created Schram planted his first vines as early and the Napa-Sonoma County line to other viticultural areas named for a as 1863 and had a hundred acres of the west. mountain that do not encompass the vineyards by 1892. The petitioner chose the 400-foot entire mountain. In many cases, According to the petitioner, the contour line for the northeastern separate areas of a mountain may have evolution of Diamond Mountain into a boundary to accurately reflect the varying climates, soils, or other Napa Valley regional name began in the lowest elevation of vineyards geographic features, thus creating early decades of the 20th century, with historically associated with the different grape growing conditions. For Diamond Mountain School and Diamond Mountain District. The use of example, when establishing the Bell Diamond Mountain Road being the first the Napa-Sonoma County line as the Mountain viticultural area (T.D. ATF– features in the region to bear the name. southwestern boundary acknowledges 238), ATF cited the soils and The naming of the school took place in the historic association of the Diamond topography in its decision to include 1909, with the major access road in the Mountain District viticultural area with only the south and southwestern slopes region designated as Diamond Mountain Napa County and Napa Valley, and also of Bell Mountain in the viticultural area. Road shortly thereafter. The petitioner recognizes the differences in history and In another example, the higher has also presented substantial evidence geography that distinguish Diamond elevations of Sonoma Mountain were that the Diamond Mountain District Mountain from adjacent slopes of the not included in the Sonoma Mountain began to gain national renown in the Mayacama Mountains in Sonoma viticultural area (T.D. ATF–196) because early 1970’s, as expanding consumer County. of climate and topography. In cases such interest in California wines resulted in Evidence Relating to the Geographical as these, the viticultural area should not new vineyards, new wineries and a Features (Climate, Soil, Elevation, encompass the entire mountain since greater awareness of regional wine Physical Features, etc.) Which geographic features (climate, soil, character. As evidence for this national Distinguish Viticultural Features of the elevation, physical features) should be name, the petitioner included an Area From Surrounding Areas similar within the viticultural area. In excerpt from the second edition of The the case of Diamond Mountain District, Wines of America by Leon Adams that There is evidence in the record that the petitioners have submitted states, ‘‘Diamond Mountain, like Mt. the geographical features in the persuasive evidence that the soil and Veeder and Spring Mountain also on the Diamond Mountain District viticultural climate in the Napa County part of west side of Napa Valley, is regarded as area clearly distinguish it from Diamond Mountain are different from a viticultural district separate from the surrounding areas. The Diamond those in the adjacent part of the rest of Napa Valley.’’ Mountain District is situated in the Napa Valley on the eastern slope of the mountain in Sonoma County. In view of Historical or Current Evidence That the this, the evidence must show that the Mayacamas Mountains. The region Boundaries of the Viticultural Area Are consists entirely of residual upland soils Constants’ Sonoma parcel not only is as Specified in the Petition physically on Diamond Mountain, but derived from volcanic parent material. also shares similar soil and climatic According to the petitioner, precise These soils are very different from the conditions with the petitioner’s boundaries for the region being alluvial soils on the floor of the Napa proposed viticultural boundaries. proposed have never been delineated. Valley to the east and northeast and are Because the Constants have not The evidence submitted, however, also significantly different from the submitted any evidence regarding the shows that the Diamond Mountain sedimentary upland soils prevalent in climate or soils of their proposed District’s viticultural history and the Spring Mountain viticultural area to boundaries, ATF cannot determine if identity are strongly associated with the south. These soils are significantly they are similar to those in the proposed Napa Valley. For this reason, the different from the shallow, dry soils in viticultural boundaries proposed by the boundaries of the viticultural area are Sonoma County to the west and petitioner. entirely within Napa County. According southwest. According to the petitioner, Taken as a whole, the historic and to the petitioner, the petition took a the viticultural area’s topography and current evidence regarding the conservative approach to establishing aspect contribute to a special boundaries supports the original boundaries for the Diamond Mountain microclimate. Hillside topography and boundaries proposed by the petitioners. District. The petitioner stated that valley temperature inversions combine No evidence was present that associated special care was taken to assure that the to give the region an unusually Sonoma County or the Constants’ boundaries encompass only those lands moderate temperate regime during a Sonoma vineyard with the grape that meet both the historic and growing season, with lower maximum growing area known as ‘‘Diamond geographic criteria for inclusion in the temperatures and higher minimum Mountain District.’’ ATF’s conclusion is viticultural area. Also, the boundaries temperatures than nearby locations on that the Diamond Mountain District is have been drawn to respect neighboring the floor of the Napa Valley. The
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petitioner stated that the microclimate How Does the Regulatory Flexibility Act viticultural area are two 1:24,000 Scale of the Diamond Mountain District is Apply to This Rule? U.S.G.S. topography maps. clearly distinctive when compared to These regulations will not have a They are titled: the surrounding areas. The region’s significant economic impact on a (1) Mark West Springs, CA 1993 microclimate is slightly warmer than substantial number of small entities. that of the Spring Mountain District to The establishment of a viticultural area (2) Calistoga, CA 1993. the south, but somewhat similar due to is neither an endorsement or approval (c) Boundaries. The viticultural area is comparable upland locations, by ATF of the quality of wine produced located in Napa County, California. The northeastern (eastern, in Spring in the area, but rather an identification beginning point is where the boundary Mountain’s case) aspects, and cooling of an area that is distinct from between Napa and Sonoma counties influence of marine breezes from the surrounding areas. ATF believes that the intersects Petrified Forest Road in Pacific Ocean. The microclimate is establishment of viticultural areas Section 3 of Township 8 North, Range significantly cooler than the floor of the merely allows wineries to more 7 West, Mount Diablo Base and Napa Valley to its northeast and north, accurately describe the origin of their due to various tempering influences Meridian on the Mark West Springs wines to consumers, and helps map; primarily associated with its upland consumers identify the wines they location. So too is it cooler than purchase. Thus, any benefit derived (1) Then north and east along adjacent land to the west in Sonoma from the use of a viticultural area name Petrified Forest Road approximately 1.9 County, due to its predominantly is the result of the proprietor’s own miles to the point where it intersects the northeastern aspect which provides efforts and consumer acceptance of 400-foot contour just east of Section 35 oblique sun and shade in the afternoon, wines from that area. of Township 9 North, Range 7 West, while the western aspect of the No new requirements are proposed. Mount Diablo Base and Meridian, in the Mayacamas Mountains adjacent to the Accordingly, a regulatory flexibility Mallacomes land grant; region in Sonoma County is clearly analysis is not required. (2) Then generally east southeast hotter and drier. Is This a Significant Regulatory Action along the 400-foot contour Boundaries as Defined by Executive Order 12866? approximately 6.5 miles to the point The viticultural area is located in where it intersects Ritchey Creek in It has been determined that this Section 3 of Township 8 North, Range Napa County, California. The approved regulation is not a significant regulatory 6 West, Mount Diablo Base and USGS maps for determining the action as defined by Executive Order Meridian; boundary of the Diamond Mountain 12866. Therefore, a regulatory District viticultural area are, ‘‘Mark assessment is not required. (3) Then west southwest along West Springs, Calif.’’, 7.5 minute series, Ritchey Creek approximately 2.2 miles edition of 1993, and the ‘‘Calistoga, 4. Drafting Information to the point where it intersects the Calif.’’, 7.5 minute series, edition of The principal author of this document boundary between Sections 17 and 20 of 1993. The northeastern boundary is Jennifer Berry, Regulations Division, Township 8 North, Range 6 West, follows the 400-foot contour line from Bureau of Alcohol, Tobacco, and Mount Diablo Base and Meridian; Ritchey Creek northwest to the Petrified Firearms. Forest Road and the northern boundary (4) Then due west in a straight line follows the Petrified Forest Road west List of Subjects in 27 CFR Part 9 along the section boundary from the 400-foot contour line to the Administrative practices and approximately 0.8 miles to the point Napa-Sonoma county line. The procedures, Consumer protection, where it intersects the boundary southwestern boundary follows the Viticultural areas, and Wine. between Napa and Sonoma Counties official boundary line between Napa between Sections 18 and 19 of and Sonoma counties southeast from Authority and Issuance Township 8 North, Range 6 West, Petrified Forest Road to the east-west Title 27, Code of Federal Regulations, Mount Diablo Base and Meridian; boundary between Sections 18 and 19 in part 9, American Viticultural Areas, is (5) Then generally northwest along Township 8 North, Range 6 West, amended as follows: the boundary between Napa and Mount Diablo Range and Meridian. The Sonoma Counties approximately 4.2 southern boundary follows the PART 9—AMERICAN VITICULTURAL miles to the point where it intersects boundary between Sections 18 and 19, AREAS Petrified Forest Road, to the point of Sections 17 and 20 and Ritchey Creek east from the Napa-Sonoma county line Paragraph 1. The authority citation beginning. to the 400-foot elevation line. It also for part 9 continues to read as follows: Signed: April 13, 2001. corresponds with the Northern Authority: 27 U.S.C. 205. Bradley A. Buckles, Boundary of the Spring Mountain Director. District viticultural area. Subpart C—Approved American Viticultural Areas Approved: April 19, 2001. 3. Regulatory Analyses and Notices Timothy E. Skud, Does the Paperwork Reduction Act Par. 2. Subpart C is amended by Deputy Assistant Secretary (Regulatory, Tariff Apply to This Rule? adding § 9.166 to read as follows: and Trade Enforcement). [FR Doc. 01–13821 Filed 5–31–01; 8:45 am] The provisions of the Paperwork § 9.166 Diamond Mountain District Reduction Act of 1995, 44 U.S.C. (a) Name. The name of the viticultural BILLING CODE 4810–31–P Chapter 35, and its implementing area described in this section is regulations, 5 CFR part 1320, do not ‘‘Diamond Mountain District.’’ apply to this rule because no (b) Approved Map. The appropriate requirement to collect information is maps for determining the boundary of imposed. the Diamond Mountain District
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DEPARTMENT OF TRANSPORTATION Background and Purpose available to users of the Milwaukee River, before the effective period. Coast Guard This Safety Zone is established to safeguard the public from the hazards Small Entities 33 CFR Part 165 associated with launching of fireworks Under the Regulatory Flexibility Act on the Milwaukee River, Milwaukee, (5 U.S.C. 601–612), we considered [CGD09–01–030] Wisconsin. The size of the zone was whether this rule would have a RIN 2115–AA97 determined by using previous significant economic impact on a experiences with fireworks displays in substantial number of small entities. Safety Zone: Riversplash 2001, the Captain of the Port Milwaukee zone The term ‘‘small entities’’ comprises Milwaukee River, Wisconsin and local knowledge about wind, waves, small businesses, not-for-profit and currents in this particular area. AGENCY: Coast Guard, DOT. organizations that are independently The safety zone will be in effect on owned and operated and are not ACTION: Temporary final rule. June 1st and 2nd, from 8:30 p.m. (CST) dominant in their fields, and SUMMARY: The Coast Guard is until 10:40 p.m. (CST). The safety zone governmental jurisdictions with establishing a temporary safety zone on will encompass all waters bounded by populations of less than 50,000. the Milwaukee River for the Riversplash the following coordinates: from the The Coast Guard certifies under 5 2001 fireworks display. This safety zone point of origin at 43° 02.601 N, 087° U.S.C. 605(b) that this rule will not have is necessary to protect spectators and 54.831 W; east along the State Street a significant economic impact on a vessels from the hazards associated with Bridge to 43° 02.617 N, 087° 54.766 W; substantial number of small entities. the storage, preparation, and launching south along the east bank of the This rule will affect the following of fireworks. This safety zone is Milwaukee River to 43° 02.487 N, 087° entities: the owners or operators of intended to restrict vessel traffic from a 54.756 W; west along the Kilbourn vessels intending to transit or anchor in portion of the waters of the Milwaukee Street Bridge to 43° 02.506 N, 087° the vicinity of Pere Marquette Park River, Milwaukee, Wisconsin. 54.735 W; north along the west bank of between the Kilbourn Avenue and State Street Bridges, Milwaukee, Wisconsin DATES: This temporary rule is effective the Milwaukee River next to Pere from 8:30 p.m. (CST) until 10:40 p.m. Marquette Park back to the point of from 8:30 p.m. (CST) until 10:40 p.m. (CST) on June 1st and 2nd, 2001. origin. (CST) on June 1st and 2nd, 2001. This safety zone will not have All persons and vessels shall comply ADDRESSES: Comments and material significant economic impact on a with the instructions of the Captain of received from the public, as well as substantial number of small entities for the Port Milwaukee or his designated on documents indicated in this preamble the following reasons: this rule will be scene patrol personnel. Entry into, from the public, as well as documents in effect for only two hours on two days transiting, or anchoring within the indicated in this preamble as being and late in the day when vessel traffic safety zone is prohibited unless available in the docket, are part of is minimal; vessel traffic may enter or authorized by the Captain of the Port docket [CGD09–01–030] and are transit through the safety zone with the Milwaukee or his designate on scene available for inspection or copying at permission of the Captain of the Port representative. The Captain of the Port U.S. Coast Guard Marine Safety Office Milwaukee or his designated on scene Milwaukee may be contacted via VHF Milwaukee, 2420 South Lincoln representative; and we will issue Channel 16. Memorial Drive, Milwaukee, WI 53207 maritime advisories, widely available to between 8 a.m. and 3:30 p.m., Monday Regulatory Evaluation users of the Milwaukee River, before the through Friday, except Federal holidays. effective period. FOR FURTHER INFORMATION CONTACT: This rule is not a ‘‘significant LCDR Timothy Sickler, Port Operations regulatory action’’ under section 3(f) of Assistance for Small Entities Chief, Marine Safety Office Milwaukee, Executive Order 12866, Regulatory Under section 213(a) of the Small 2420 South Lincoln Memorial Drive, Planning and Review, and does not Business Regulatory Enforcement Milwaukee, WI 53207. The phone require an assessment of potential costs Fairness Act of 1996 (Public Law 104– number is (414) 747–7155. and benefits under section 6(a)(3) of that 121), we offer to assist small entities in SUPPLEMENTARY INFORMATION: Order. The Office of Management and understanding the rule so that they can Budget has not reviewed it under that better evaluate its effects on them and Regulatory Information Order. It is not ‘‘significant’’ under the participate in the rulemaking process. If We did not publish a notice of regulatory policies and procedures of the rule would affect your small proposed rulemaking (NPRM) for this the Department of Transportation (DOT) business, organization, or governmental regulation. Under 5 U.S.C. 553(b)(B), the (44 FR 11040, February 26, 1979). jurisdiction and you have questions Coast Guard finds that good cause exists The Coast Guard expects the concerning its provisions or options for for not publishing an NPRM, and, under economic impact of this final rule to be compliance, please contact Marine 5 U.S.C. 553(d)(3), good cause exists for so minimal that a full Regulatory Safety Office Milwaukee (See making this rule it effective less than 30 Evaluation under paragraph 10e of the ADDRESSES.) days after publication in the Federal regulatory policies and procedures of Small businesses may send comments Register. The permit application did not the DOT is unnecessary. This finding is on the actions of Federal employees allow sufficient time for publication of based on the following reasons: this rule who enforce, or otherwise determine an NPRM followed by a temporary final will be in effect for only two hours on compliance with, Federal regulations to rule effective 30 days after publication. two days and late in the day when the Small Business and Agriculture Any delay of the effective date of this vessel traffic is minimal; vessel traffic Regulatory Enforcement Ombudsman rule would be contrary to the public may enter or transit through the safety and the Regional Small Business interest due to the known dangers zone with the permission of the Captain Regulatory Fairness Boards. The associated with fireworks displays and of the Port Milwaukee or his designated Ombudsman evaluates these actions the possible loss of life, injury, and on scene representative; and we will annually and rates each agency’s damage to property. issue maritime advisories, widely responsiveness to small business. If you
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wish to comment on actions by For the reasons discussed in the LIBRARY OF CONGRESS employees of the Coast Guard, call 1– preamble, the Coast Guard amends 33 800–REG–FAIR (1–888–734–3247). CFR part 165 as follows: Copyright Office
Collection of Information PART 165—REGULATED NAVIGATION 37 CFR Parts 252 and 257 This rule call for no new collection of AREAS AND LIMITED ACCESS AREAS information under the Paperwork [Docket No. RM 2001–3A CARP] Reduction Act of 1995 (44 U.S.C. 3501– 1. The authority citation for part 165 Cable and Satellite Statutory Licenses 3520). continues to read as follows: AGENCY: Copyright Office, Library of Federalism Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Congress. We have analyzed this rule under 49 CFR 1.46. ACTION: Final rule. Executive Order 13132 and have determined that this rule does not have 2. A new temporary section 165.T09– SUMMARY: The Copyright Office of the implications for federalism under that 916 is added to read as follows: Library of Congress is adopting final Order. regulations for filing a claim to royalties § 165.T09–916 Safety Zone; Milwaukee collected under the cable statutory Unfunded Mandates Reform Act River, Milwaukee, Wisconsin. license, 17 U.S.C. 111, and the satellite The Unfunded Mandates Reform Act (a) Location: All waters of the statutory license, 17 U.S.C. 119. Under of 1995 (2 U.S.C. 1531–1538) governs Milwaukee River encompassed by the the new rules, a party who files a joint the issuance of Federal regulations that following coordinates: from the point of claim on behalf of multiple copyright require unfunded mandates. An origin at 43° 02.601 N, 087° 54.831 W; owners must list the name and address unfunded mandate is a regulation that east along the State Street Bridge to 43° of each copyright owner to the joint requires a State, local, or tribal 02.617 N, 087° 54.766 W; south along claim. government or the private sector to the east bank of the Milwaukee River to EFFECTIVE DATE: July 1, 2001. incur direct costs without the Federal 43° 02.487 N, 087° 54.756 W; west along FOR FURTHER INFORMATION CONTACT: Government’s having first provided the the Kilbourn Street Bridge to 43° 02.506 funds to pay those unfunded mandate N, 087° 54.735 W; north along the west David O. Carson, General Counsel or costs. This rule will not impose an bank of the Milwaukee River next to Tanya M. Sandros, Senior Attorney for unfunded mandate. Pere Marquette Park back to the point of Compulsory Licenses, Copyright Arbitration Royalty Panel, P.O. Box Taking of Private Property origin. 70977, Southwest Station, Washington, This rule will not effect a taking of (b) Effective Times and Dates. From D.C. 20024. Telephone: (202) 707–8380. private property or otherwise have 8:30 p.m. until 10:40 p.m. on June 1st Telefax: (202) 252–3423. and 2nd, 2001. taking implications under Executive SUPPLEMENTARY INFORMATION: Order 12630, Governmental Actions and (c) Regulations. (1) The general Interference with Constitutionally regulations contained in 33 CFR 165.23 Background Protected Property Rights. apply. Each July, persons who are entitled to Civil Justice Reform (2) All persons and vessels shall statutory license fees collected under comply with the instructions of the the provisions of the cable statutory This rule meets applicable standards Coast Guard Captain of the Port license, 17 U.S.C. 111, and the satellite in sections 3(a) and 3(b)(2) of Executive Milwaukee or the designated on scene statutory license, 17 U.S.C. 119, must Order 12988, Civil Justice Reform, to patrol personnel. Coast Guard patrol file a claim with the Copyright Office in minimize litigation, eliminate personnel include commissioned, accordance with its regulations in order ambiguity, and reduce burden. warrant or petty officers of the U.S. to establish their claim to a share of the Protection of Children Coast Guard. Upon being hailed by a royalty fees. See 37 CFR 252.3 and We have analyzed this rule under U.S. Coast Guard vessel via siren, radio, 257.3. Historically, the filing Executive Order 13045, Protection of flashing light, or other means, the requirements have been minimal, Children from Environmental Health operator shall proceed as directed. requiring only the identification of the Risks and Safety Risks. This rule is not (3) This safety zone should not claimant, contact information, a an economically significant rule and adversely effect shipping. However, statement of the nature of the claimant’s does not concern an environmental risk commercial vessels may request copyrighted work, at least one example to health or risk to safety that may permission from the Captain of the Port of a secondary retransmission of the disproportionately affect children. Milwaukee to enter or transit the safety claimant’s work during the previous zone. Approval will be made on a case- calender year, an original signature of Environment by-case basis. Requests must be in the claimant or a duly authorized The Coast Guard considered the advance and approved by the Captain of representative of the claimant, and, in environmental impact of this rule and the Port Milwaukee before transits will the case of a joint claim, a statement on concluded that under figure 2–1, be authorized. The Captain of the Port the part of the entity filing the claim paragraph (34)(g), of Commandant Milwaukee may be contacted via U.S. that authorization for filing the claim Instruction M16475.1C, this rule is Coast Guard Group Milwaukee on exists. categorically excluded from further Channel 16, VHF–FM. On April 26, 2001, the Copyright environmental documentation. Office published a Notice of Proposed Dated: May 21, 2001. Rulemaking, seeking comment on List of Subjects in 33 CFR Part 165 M.R. DeVries, proposed amendments which were Harbors, Marine safety, Navigation Commander, U.S. Coast Guard, Captain of offered to clarify that the identity of (water), Reporting and recordkeeping the Port, Milwaukee, Milwaukee, Wisconsin. each copyright owner must be listed on requirements, Security measures, [FR Doc. 01–13705 Filed 5–31–01; 8:45 am] each claim. 66 FR 20958 (April 26, Waterways. BILLING CODE 4910–15–M 2001). The need for this clarification
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became apparent during a recent cable it impossible to identify the copyright The commenters, in general, support royalty distribution proceeding, when a owners entitled to distribution. Further, the Office’s endeavor to clarify its rules party filed a claim for cable royalties in both section 111 and section 119 plainly to eliminate any opportunity for a the name of a corporate entity that held state that claims for royalty fees must be claimant to expand its claim after the no copyrights to programming which filed in the month of July to be eligible July 31 filing deadline. The Performing had been secondarily transmitted by a for distribution. Placeholder claims can Rights Organizations and the cable system during the relevant circumvent this requirement by Professional Sports Leagues support the calendar year. See Docket No. 2000–2 allowing the filer to enter into proposed modifications to §§ 252.3 and CARP CD 93–97. The disputed claim representation agreements with 257.3 of title 37 of the Code of Federal was filed under the current regulations copyright owners after the July Regulations without change. The which allow ‘‘any party’’ claiming to be deadline, and effectively secure a remaining five commenters agreed with entitled to cable fees to make the claim. distribution for those owners who had the proposed amendments but each During the course of that proceeding, not filed timely claims. The Office has sought additional modifications to the the Office observed that the language stated previously that it will not allow rules and/or clarification of the nature ‘‘any party’’ was quite broad and could joint claims to be amended to add new of the problem that prompted the Office include holders of one or more parties after the July deadline, because to amend its rule. exclusive rights granted by copyright, as this would thwart the purpose of the Identification of Copyright Owners well as agents and representatives of July filing requirement. 59 FR 63025, copyright owners. See Order in Docket 63028 (December 7, 1994). Placeholder First, the purpose of the filing No. 2000–2 CARP CD 93–97 (June 22, claims can produce this result, because requirements is to establish each 2000). the identity of the copyright owners copyright owner’s entitlement to the Specifically, the Office found that this represented by the party filing the cable and satellite royalties in language might plausibly be interpreted placeholder claim will not be known accordance with the provisions set forth by the public as allowing the filing of a until Notices of Intent to Participate in in the law. A fundamental requirement ‘‘placeholder’’ claim. A ‘‘placeholder’’ a CARP proceeding are filed. is to file a claim with the Copyright claim is a claim filed by a person who Presumably, the party filing the Office during the month of July for is not a copyright owner, but who files placeholder claim could then sign royalties collected the prior calendar a cable or satellite claim in his or her representation agreements with year. No claim can be filed without identifying the copyright owner. own name, and then later asserts claims copyright owners who had not filed Prior to the recent cable distribution to royalties on behalf of copyright their own claims up until that date. proceeding, Docket No. 2000–2 CARP owners whose works were retransmitted We wish to put an end to placeholder by a cable system or satellite carrier. CD 93–97, we had thought the rules had claims. To this end, we proposed made it clear that the identity of each Placeholder claims may be filed with amendments to parts 252 and 257 of the the Copyright Office in the form of copyright owner must be disclosed. rules to clarify that a claim filed with Consequently, a joint claim had to single claims, but in substance they are the Copyright Office must list the name joint claims. Because the Copyright include the name of each copyright of each copyright owner covered by the owner on whose behalf the claim was Office does not inquire as to the identity claim; and today, we are adopting the of the person or entity filing a cable or made. Certain parties, e.g. the proposed amendments as final Professional Sports Leagues and the satellite claim (i.e. whether that person regulations. In addition, the amended or entity is a copyright owner or another MPAA, who have historically rules will also require that a joint claim participated in these proceedings, also party), we cannot determine whether specify the name of the copyright owner the claim is a properly filed single understood this to be the law and saw for each listed copyrighted work. These no ambiguity in the wording of the claim, or should be a joint claim rules shall govern the filing of cable and identifying the appropriate represented rules. satellite claims beginning July 1, 2001. But what was clear and unambiguous copyright owners. Placeholder claims run afoul of the Comments to these parties and the Office was not so obvious to new participants. In July distribution process for cable and The Copyright Office received of 1998, the Office received a claim from satellite royalties. The law states that comments to its proposed rules from a single entity which turned out to be cable and satellite royalties may only be seven parties: the American Society of an agent filing on behalf of a number of distributed to copyright owners whose Composers, Authors and Publishers, copyright owners. Because the Office works were retransmitted by either Broadcast Music, Inc., and SESAC, Inc. recognized that there were arguably cable systems or satellite carriers.1 (collectively, the ‘‘Performing Rights ambiguities in the regulation at that Indeed, the purpose of filing claims is Organizations’’); the Office of the time, the Office allowed the claim and to permit identification of all copyright Commissioner of Baseball, the National further fact-finding was conducted by a owners who are entitled to a Basketball Association, the National Copyright Arbitration Royalty Panel distribution.2 Placeholder claims make Football League, and the National (‘‘CARP’’) for the purpose of Hockey League (collectively, the establishing which copyright owners 1 Both section 111 and section 119 permit ‘‘Professional Sports Leagues’’); the and which programs were covered by copyright owners to designate a common agent for Canadian Claimants Group; the National payment of royalty fees. 17 U.S.C. 111(d)(4)(A) & the initial filing. 119(b)(4)(A). We do not interpret this language as Association of Broadcasters (‘‘NAB’’); To avoid such problems in the future, authorizing the filing of placeholder claims. Rather, the Motion Picture Association of the Office issued proposed rules for the this language, ‘‘[claimants] may designate a America (‘‘MPAA’’); Worldwide purpose of clarifying that each claim common agent to receive payment on their behalf,’’ Subsidy Group (‘‘WSG’’); and Mark J. allows the Library to distribute royalties to someone must list the name of each copyright other than the copyright owner, provided that the Davis (‘‘Davis’’). owner on whose behalf the claim is filed owner has previously informed the Copyright Office and it must do so during the time period of the identity of the common agent. their members and affiliates. As discussed above, 2 The one exception to this is allowing performing the Copyright Royalty Tribunal created this established by Congress. rights societies, who literally represent thousands of exception, and the Copyright Office has adopted Only WSG makes any objection to the copyright owners, to file one claim on behalf of all this practice. new rules. WSG argues that the
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proposed rules ‘‘are little more than The name of each copyright owner is filing requirements. The Office also another obstacle that could result in the among the most fundamental elements rejects the suggestion that the addresses denial of valid claims.’’ WSG comment required to establish a claim to and contact information for each joint at 4. WSG reaches this conclusion based copyright royalties and there can be no claimant be submitted under a upon its analysis of the United States serious challenge to a rule requiring the protective order. The requested statutory mechanism for filing claims identification of the party who is the information is by no means confidential. for retransmission royalties with beneficiary of the claim. Thus, we are Quite the contrary, it is the most procedures used in Europe, Australia adopting the amended rules.3 mundane, ordinary variety of information that is routinely disclosed and Asia. It concludes that the United Address and Contact Information States system is more complex, in the ordinary course of business. restrictive, time consuming and The proposed rules also require that There is no justification for redacting expensive. To make its case, WSG a joint claim include the address for such information from a public record. each listed copyright owner. WSG does highlights the statutory requirement that Program Listings claims to cable and satellite royalties not object to the additional requirement, must be filed with the Copyright Office but it does not agree that the requested Two commenters, WSG and Davis, during the month of July each year. It contact information need be filed at the seek modifications to the rules to cites this requirement as an example of same time as the initial claim. It argues require claimants to identify in their the formalistic restrictions placed on the that the information may not be readily initial filing all programs for which they copyright owners and seems to urge the available to the party filing the claim, are making a claim. Davis maintains that Office to impose fewer restrictions on especially when a first time claimant the purpose of the claim in July is to the claimants, such as not requiring the decides at the last minute to pursue its clearly identify the claimants who are identification of the copyright owner at entitlement. For this reason, WSG entitled to receive the royalty fees and the time the claim is filed. Moreover, proposes that the Office require a the works upon which they base their WSG argues that the imposition of the subsequent filing with the address and claim. Davis argues that the requirement could result in the denial of contact information for each claimant. identification of all programs at the a valid claim, especially where the agent In addition, WSG suggests that this initial stage of the distribution process has secured timely and proper authority information be submitted to the will foster an early resolution of any to make the filing. Copyright Office under seal of a outstanding controversies. He believes protective order to avoid misuse of the that an additional requirement to list all However, we fail to see how an agent information. programs in the initial claim will not or a copyright owner is disadvantaged WSG’s arguments are unavailing on overburden the filer because the because the agent is required to list the this point. Undoubtedly, most people information is readily available from name of each copyright owner to a joint could benefit from more time to meet a Cable Data Corporation or readily claim. First, the agent must know who deadline, but the time for completing accessible from the claimant’s business his clients are when he files the claim. the process is limited. Thus, it is records. Second, an initial claim may be further incumbent upon the claimant to begin WSG supports similar modifications amended to add new copyright owners the process early enough to gather the of the rules because it had difficulty at any time during the month of July. necessary information and submit it to ascertaining the validity of a claimant’s Alternatively, the agent can file the the Office in a timely manner, either in entitlement to particular programs in a claim on the last day of the filing period his or her own claim or in a joint claim recent cable distribution proceeding. It provided that the claim is either hand filed by the copyright owner’s agent. too believes that a rule requiring delivered to the Copyright Office or it is Moreover, there is no justification for disclosure of the programs owned or sent via first class mail and bears a July granting a copyright owner who chooses claimed by each claimant would aid in date stamp from the United States Postal to file through an agent more time to the just resolution of outstanding Service. The only requirement is that submit the required information than controversies. the claim be timely filed with the that allotted to a copyright owner who Davis and WSG, however, have Copyright Office and that it meet the submits a single claim in his or her own formed their opinions based on a single minimal filing requirements, including name. Identifying the address of a experience in a Phase II distribution a complete list of the copyright owners claimant is a simple matter involving proceeding which, by its very nature, who are covered by the claim, their information that should be readily required the fact finders to sort out respective addresses and an example of available to the person filing the claim. individual claims and determine the a secondary transmission of a work For this reason, the Copyright Office value of each claimant’s programming. owned by one of the listed copyright rejects WSG’s suggestion that copyright Lists of programs associated with owners. The copyright owner of this owners to a joint claim receive particular claimants, however, are not work must be identified. additional time to meet the Office’s needed in the early stages of the Adherence to this fundamental filing distribution process. Historically, requirement will, as MPAA points out, 3 Although this rule change will resolve the parties have been able to negotiate simplify litigation and reduce the identity of the claimants eligible to seek royalties, settlement agreements between program it does not identify which entity will ultimately associated costs. MPAA also contends represent the interests of the claimant in a categories without the aid of specific that the simple rule change will proceeding before the Copyright Office or a CARP. program information. Furthermore, facilitate settlement negotiations at an This is the case because many copyright owners parties have indicated that, in the case earlier phase in the distribution process. decide to engage independent counsel or an agent of a joint claim, it is both unnecessary to negotiate on their behalf only after they file the Even WSG agrees that the requirement initial claim. In these instances, it may not be clear and expensive to require the listing of to list each copyright owner to a joint who represents whom in a distribution proceeding a single specific program for each claim will allow other parties a until notices of intent to participate are filed with copyright owner listed in the claim. 59 mechanism by which they can ascertain the Office. For example, in the 1997 cable FR 23964 (May 9, 1994). distribution proceeding, MPAA represented the the extent of the claim and verify that interests of over 100 copyright owners but did not The Office concludes that before the party making the claim has the identify itself as the agent of these claimants until making a determination on these necessary authority to make the filing. it filed its direct case on their behalf. proposals, it would be necessary to
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explore this issue in a separate claim. It argues that such amendments For the reasons set forth in the proceeding and provide an opportunity do not prejudice other parties because preamble, the Library is amending parts for comment from other parties. the original claim would provide notice 252 and 257 of 37 CFR Chapter II as to all parties of the scope and nature of follows: Parent/Subsidiary Claims the claim. While NAB suggests that the NAB supports the proposed rule Office can offer such relief informally PART 252—FILING OF CLAIMS TO changes, but it seeks clarification of the without a change to its rules, the Office CABLE ROYALTY FEES rule for filing a joint claim when the disagrees. claim is filed in the name of a parent 1. The authority citation for part 252 The final rule requires that, with one continues to read as follows: company on behalf of all its exception, a joint claim list each subsidiaries. It notes that ‘‘group copyright owner. The one express Authority: 17 U.S.C. 111(d)(4), 801, 803. broadcast station owners sometimes exception—a longstanding one—applies follow the practice of filing a single 2. Section 252.3 is revised to read as to performing rights organizations. This follows: claim on behalf of their entire group of exception to the requirement to list all owned stations,’’ even though the parent copyright owners exists because the § 252.3 Content of Claims. company may only be the beneficial Office has recognized that the (a) Single claim. A claim filed on owner and not the legal owner of the organizations’ standard membership or behalf of a single copyright owner of a retransmitted works. NAB comment at affiliate agreements are a proper work or works secondarily transmitted 2. indication of authorization. Because the by a cable system shall include the However, it is clear that a claim proposed rule states the circumstances which asserts rights to royalties on following information: under which a party need not adhere to behalf of more than a single entity is a (1) The full legal name and address of specific filing requirements, the Office joint claim. Thus, the preceding the copyright owner entitled to claim concludes that NAB’s proposal would example cited by NAB must be the royalty fees. require promulgation of a similar considered a joint claim and as such, it (2) A general statement of the nature regulation specifically granting liberal must list each claimant and include a of the copyright owner’s work or works, amendment procedures for parent concise statement of authorization. On and identification of at least one corporations. Moreover, such change is this point, NAB asserts that the practice secondary transmission by a cable beyond the scope of the proposal made of reciting the relationship between the system of such work or works in the current rulemaking proceeding, parent and the subsidiary should be establishing a basis for the claim. sufficient to establish the parent entity’s and other parties have not had the (3) The name, telephone number, authority for filing the claim on behalf opportunity to comment on it. Thus, at facsimile number, if any, and full of itself and its subsidiaries and seeks to this time the Office cannot entertain the address, including a specific number codify this understanding by including NAB proposal. and street name or rural route, of the additional regulatory language. Authorization person or entity filing the single claim. Specifically, NAB requests that the (4) An original signature of the The Canadian Claimant Group files a proposed regulation be amended to state copyright owner or of a duly authorized joint claim annually and ‘‘supports [the that: representative of the copyright owner. Office’s] efforts to insure the integrity (b) Joint claim. A claim filed on behalf A parent corporation of a copyright owner, and transparency of the claims process.’’ of more than one copyright owner or an entity controlling a copyright owner, Canadian Claimant Group comment at may establish its authorization to file jointly whose works have been secondarily on behalf of its subsidiary copyright owners 2. However, it has asked the Office to transmitted by a cable system shall by identifying the nature of the ownership or amend its rules further and make include the following information: control relationship. written authorizations available for (1) A list including the full legal name inspection by other copyright owners NAB comment at 3. The Office, and address of each copyright owner to however, declines to codify this practice upon request. This suggestion goes the joint claim entitled to claim royalty without giving the public an beyond the scope of the Office’s fees. opportunity to comment on the proposal made in the current (2) A concise statement of the proposed changes. rulemaking proceeding, and the Office authorization for the person or entity Moreover, what is required under the is not prepared to make such a change filing the joint claim. For this purpose, final rule is that the person or entity without giving other interested parties a performing rights society shall not be filing the claim, e.g., the parent an opportunity to comment on the required to obtain from its members or corporation, ascertain whether it has the efficiencies and burdens associated with affiliates separate authorizations, apart authority to file the claim on behalf of the additional requirement. from their standard membership affiliate the listed joint claimants and include a Statutory Authority agreements, or to list the name of each concise statement of the authorization it of its members or affiliates in the joint has for making such claim. Of course, The Library of Congress is adopting claim as required by paragraph (b)(1) of this statement is merely a representation final regulations under its authority to this section. to the Office that the authority for filing establish regulations for the submission (3) A general statement of the nature the claim exists and its validity may be of cable statutory license claims and of the copyright owners’ works and tested at a later point in the distribution satellite statutory license claims. 17 identification of at least one secondary process. U.S.C. 111(d)(4)(A) and 119(b)(4)(A). transmission of one of the copyright In the event the Office determines that List of Subjects owners’ works by a cable system a parent/subsidiary claim is a joint establishing a basis for the joint claim claim, NAB makes a second request. It 37 CFR Part 252 and the identification of the copyright asks for a liberal amendment policy Copyright, cable television, claims. owner of each work so identified. under which the parent corporation can (4) The name, telephone number, amend its claim to add additional 37 CFR Part 257 facsimile number, if any, and full subsidiaries not listed on the original Copyright, satellite television, claims. address, including a specific number
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and street name or rural route, of the of its members or affiliates in the joint service and were subject to change person filing the joint claim. claim as required by paragraph (b)(1) of based on the Board of Governors’ (5) Original signatures of the this section. decision about domestic mail. (3) A general statement of the nature copyright owners to the joint claim or of Recorded delivery service is an a duly authorized representative or of the copyright owners’ works, international special service that is representatives of the copyright owners. identification of at least one secondary equivalent to the domestic service, (c) In the event that the legal name transmission of one of the copyright certified mail. Mailers using the service and/or address of the copyright owner owners’ works by a satellite carrier entitled to royalties or the person or establishing a basis for the joint claim, receive a numbered mailing receipt and entity filing the claim changes after the and the identification of the copyright the destination post office retains a filing of the claim, the Copyright Office owner of each work so identified. record to establish proof of delivery for shall be notified of the change. If the (4) The name, telephone number, each mailed item. Recorded delivery good faith efforts of the Copyright Office facsimile number, if any, and full items are handled as ordinary mail to contact the copyright owner or person address, including a specific number during transit. The fee for recorded or entity filing the claim are frustrated and street name or rural route, of the delivery is based on the fee for the because of failure to notify the Office of person filing the joint claim. equivalent domestic service, certified a name and/or address change, the (5) Original signatures of the mail. claim may be subject to dismissal. copyright owners to the joint claim or of The Postal Rate Commission, in its a duly authorized representative or recommended decision on R2000–1, PART 257—FILING OF CLAIMS TO representatives of the copyright owners. recommended a fee of $1.90 for certified SATELLITE CARRIER ROYALTY FEES (c) In the event that the legal name and/or address of the copyright owner mail. The Postal Service adopted this 3. The authority citation for part 257 entitled to royalties or the person or fee, under protest, for certified mail. continues to read as follows: entity filing the claim changes after the Likewise, we set the fee for recorded delivery at $1.90. Authority: 17 U.S.C. 119(b)(4). filing of the claim, the Copyright Office shall be notified of the change. If the On May 7, 2001, the Board of 4. Section 257.3 is revised to read as good faith efforts of the Copyright Office Governors adopted a fee of $2.10 for follows: to contact the copyright owner or person certified mail; the new rate is effective § 257.3 Content of Claims. or entity filing the claim are frustrated on July 1, 2001. Accordingly, we are because of failure to notify the Office of (a) Single claim. A claim filed on changing the fee for recorded delivery a name and/or address change, the service to $2.10 effective July 1, 2001. behalf of a single copyright owner of a claim may be subject to dismissal. work or works secondarily transmitted The Postal Service adopts the by a satellite carrier shall include the Dated: May 25, 2001. following amendments to the following information: Marybeth Peters, International Mail Manual (IMM), (1) The full legal name and address of Register of Copyrights. which is incorporated by reference in the copyright owner entitled to claim James H. Billington, the Code of Federal Regulations (CFR). the royalty fees. The Librarian of Congress. (See 39 CFR 20.1.) (2) A general statement of the nature [FR Doc. 01–13787 Filed 5–31–01; 8:45 am] List of Subjects in 39 CFR Part 20 of the copyright owner’s work or works, BILLING CODE 1410–33–P and identification of at least one secondary transmission by a satellite Foreign relations. For the reasons discussed in the carrier of such work or works POSTAL SERVICE establishing a basis for the claim. preamble, the Postal Service amends 39 (3) The name, telephone number, 39 CFR Part 20 CFR Part 20 as follows: facsimile number, if any, and full address, including a specific number International Recorded Delivery PART 20—[AMENDED] and street name or rural route, of the Service person or entity filing the single claim. 1. The authority citation for part 20 (4) An original signature of the AGENCY: Postal Service. continues to read as follows: ACTION: Final rule. copyright owner or of a duly authorized Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, representative of the copyright owner. SUMMARY: The Postal Service is adopting 404, 407, 408. (b) Joint claim. A claim filed on behalf a new fee for international recorded of more than one copyright owner delivery service. 2. Amend subchapter 360 of the whose works have been secondarily DATES: The rule is effective on July 1, International Mail Manual (IMM) by transmitted by a satellite carrier shall 2001. revising section 363 to read as follows: include the following information: (1) A list including the full legal name FOR FURTHER INFORMATION CONTACT: John International Mail Manual (IMM) and address of each copyright owner to A. Reynolds 703–292–3620. * * * * * the joint claim entitled to claim royalty SUPPLEMENTARY INFORMATION: On fees. December 8, 2000, the Postal Service Chapter 3 Special Services (2) A concise statement of the published a final rule in the Federal * * * * * authorization for the person or entity Register (65 FR 77075) adopting filing the joint claim. For this purpose, changes in international postal rates, 360 Recorded Delivery a performing rights society shall not be fees, and mail classifications. The rule * * * * * required to obtain from its members or was effective on January 7, 2001. At that affiliates separate authorizations, apart time, the Postal Service noted that from their standard membership affiliate certain international special service fees agreements, or to list the name of each were based on the domestic equivalent
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363 Recorded Delivery Fee Register April 6, 2001 (66 FR 18198), Examples of Poten- which was to become effective June 5, Categories NAICS tially Affected Enti- The recorded delivery fee is $2.10 and codes ties is in addition to postage and other 2001, is withdrawn. special service fees, if applicable. [FR Doc. 01–13775 Filed 5–31–01; 8:45 am] Industry 111 Crop production * * * * * BILLING CODE 6560–50–P 112 Animal production 311 Food manufacturing Stanley F. Mires, 32532 Pesticide manufac- Chief Counsel, Legislative. ENVIRONMENTAL PROTECTION turing [FR Doc. 01–13704 Filed 5–31–01; 8:45 am] AGENCY This listing is not intended to be BILLING CODE 7710–12–U 40 CFR Part 180 exhaustive, but rather provides a guide for readers regarding entities likely to be [OPP–301128; FRL–6781–5] affected by this action. Other types of ENVIRONMENTAL PROTECTION entities not listed in the table could also AGENCY RIN 2070–AB78 be affected. The North American 40 CFR Part 52 Prohexadione Calcium; Pesticide Industrial Classification System Tolerance (NAICS) codes have been provided to [MO 0129–1129; FRL–6989–6] assist you and others in determining AGENCY: Environmental Protection whether or not this action might apply Approval and Promulgation of Air Agency (EPA). to certain entities. If you have questions Quality Implementation Plans; ACTION: Final rule. regarding the applicability of this action Missouri; Withdrawal of Direct Final to a particular entity, consult the person Rule SUMMARY: This regulation establishes a listed under FOR FURTHER INFORMATION CONTACT AGENCY: Environmental Protection tolerance for residues of prohexadione . calcium (calcium 3-oxido-5-oxo-4- Agency (EPA). B. How Can I Get Additional propionylcyclohex-3-enecarboxylate) in ACTION: Withdrawal of direct final rule. Information, Including Copies of this or on grass forage, grass hay, grass straw Document and Other Related SUMMARY: On April 6, 2001 (66 FR and grass seed screenings. K-I Chemical Documents? 18198), EPA published a direct final U.S.A. Inc. requested these tolerances under the Federal Food, Drug, and 1. Electronically. You may obtain approval of a revision to the Missouri electronic copies of this document, and State Implementation Plan (SIP) which Cosmetic Act, as amended by the Food Quality Protection Act of 1996. certain other related documents that pertained to the Missouri construction might be available electronically, from DATES: This regulation is effective June permitting rule. The direct final action the EPA Internet Home Page at http:// 1, 2001. Objections and requests for was published without prior proposal www.epa.gov/. To access this hearings, identified by docket control because EPA anticipated no adverse document, on the Home Page select number OPP–301128, must be received comment. EPA stated in the direct final ‘‘Laws and Regulations,’’ ‘‘Regulations by EPA on or before July 31, 2001. rule that if EPA received adverse and Proposed Rules,’’ and then look up comment by May 7, 2001, EPA would ADDRESSES: Written objections and the entry for this document under the publish a timely withdrawal in the hearing requests may be submitted by ‘‘Federal Register—Environmental Federal Register. EPA subsequently mail, in person, or by courier. Please Documents.’’ You can also go directly to received adverse comments on the follow the detailed instructions for each theFederal Register listings at http:// direct final rule. Therefore, EPA is method as provided in Unit VI. of www.epa.gov/fedrgstr/. To access the withdrawing the direct final approval. theSUPPLEMENTARY INFORMATION. To OPPTS Harmonized Guidelines EPA will address the comments in a ensure proper receipt by EPA, your referenced in this document, go directly subsequent final action based on the objections and hearing requests must to the guidelines at http://www.epa.gov/ parallel proposal also published on identify docket control number OPP– opptsfrs/home/guidelin.htm. April 6, 2001 (66 FR 18223). As stated 301128 in the subject line on the first 2. In person. The Agency has in the parallel proposal, EPA will not page of your response. established an official record for this institute a second comment period on FOR FURTHER INFORMATION CONTACT: By action under docket control number this action. mail: Cynthia Giles-Parker (PM 22), OPP–301128. The official record EFFECTIVE DATE: The direct final rule Registration Division (7505C), Office of consists of the documents specifically published on April 6, 2001, is Pesticide Programs, Environmental referenced in this action, and other withdrawn as of June 1, 2001. Protection Agency, 1200 Pennsylvania information related to this action, FOR FURTHER INFORMATION CONTACT: Ave., NW., Washington, DC 20460; including any information claimed as Wayne Kaiser at (913) 551–7603. telephone number: (703) 305–7740; and Confidential Business Information (CBI). e-mail address: giles- This official record includes the List of Subjects in 40 CFR Part 52 [email protected]. documents that are physically located in the docket, as well as the documents Environmental protection, Air SUPPLEMENTARY INFORMATION: pollution control, Intergovernmental that are referenced in those documents. relations, Ozone, Particulate matter, I. General Information The public version of the official record does not include any information Reporting and recordkeeping A. Does this Action Apply to Me? requirements. claimed as CBI. The public version of You may be affected by this action if the official record, which includes Dated: May 23, 2001. you are an agricultural producer, food printed, paper versions of any electronic Nat Scurry, manufacturer, or pesticide comments submitted during an Acting Regional Administrator, Region 7. manufacturer. Potentially affected applicable comment period is available Accordingly, the revision to 40 CFR categories and entities may include, but for inspection in the Public Information 52. 1320, published in the Federal are not limited to: and Records Integrity Branch (PIRIB),
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Rm. 119, Crystal Mall #2, 1921 Jefferson residue in or on a food) only if EPA scientific data and other relevant Davis Hwy., Arlington, VA, from 8:30 determines that the tolerance is ‘‘safe.’’ information in support of this action. a.m. to 4 p.m., Monday through Friday, Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to EPA has sufficient data to assess the excluding legal holidays. The PIRIB mean that ‘‘there is a reasonable hazards of and to make a determination telephone number is (703) 305–5805. certainty that no harm will result from on aggregate exposure, consistent with aggregate exposure to the pesticide II. Background and Statutory Findings section 408(b)(2), for a tolerance for chemical residue, including all residues of prohexadione calcium, In the Federal Register of March 28, anticipated dietary exposures and all calcium 3-oxido-5-oxo-4- 2001 (66 FR 16921) (FRL–6769–9), EPA other exposures for which there is propionylcyclohex-3-enecarboxylate in issued a notice pursuant to section 408 reliable information.’’ This includes or on grass forage at 0.10 ppm, grass hay of the Federal Food, Drug, and Cosmetic exposure through drinking water and in at 0.10 ppm, grass straw at 1.2 ppm and Act (FFDCA), 21 U.S.C. 346a as residential settings, but does not include amended by the Food Quality Protection occupational exposure. Section grass seed screenings at 3.5 ppm. EPA’s Act of 1996 (FQPA) (Public Law 104– 408(b)(2)(C) requires EPA to give special assessment of exposures and risks 170) announcing the filing of a pesticide consideration to exposure of infants and associated with establishing the petition (PP) for tolerance by K-I children to the pesticide chemical tolerance follows. Chemical U.S.A. Inc., Westchester residue in establishing a tolerance and A. Toxicological Profile Financial Center, 11 Martine Avenue, to ‘‘ensure that there is a reasonable 9th Floor, White Plains, NY, 10606. This certainty that no harm will result to EPA has evaluated the available notice included a summary of the infants and children from aggregate toxicity data and considered its validity, petition prepared by K-I Chemical exposure to the pesticide chemical completeness, and reliability as well as U.S.A. Inc., the registrant. There were residue....’’ the relationship of the results of the no comments received in response to EPA performs a number of analyses to studies to human risk. EPA has also the notice of filing. determine the risks from aggregate considered available information The petition requested that 40 CFR exposure to pesticide residues. For concerning the variability of the 180.547 be amended by establishing a further discussion of the regulatory sensitivities of major identifiable tolerance for residues of the plant requirements of section 408 and a subgroups of consumers, including growth regulator prohexadione calcium, complete description of the risk calcium 3-oxido-5-oxo-4- assessment process, see the final rule on infants and children. The nature of the propionylcyclohex-3-enecarboxylate in Bifenthrin Pesticide Tolerances (62 FR toxic effects caused by prohexadione or on grass forage at 0.10 part per 62961, November 26, 1997) (FRL–5754– calcium are discussed in the following million (ppm), grass hay at 0.10 ppm, 7). Table 1 as well as the no observed grass straw at 1.2 ppm and grass seed adverse effect level (NOAEL) and the screenings at 3.5 ppm. III. Aggregate Risk Assessment and lowest observed adverse effect level Section 408(b)(2)(A)(i) of the FFDCA Determination of Safety (LOAEL) from the toxicity studies allows EPA to establish a tolerance (the Consistent with section 408(b)(2)(D), reviewed. legal limit for a pesticide chemical EPA has reviewed the available
TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY
Guideline No./ Study Type Results
870.3100 90–Day oral toxicity rodents (rat) NOAEL: Males: 73.1 mg/kg/day; Females: 80.4 mg/kg/day LOAEL: Males: 734 mg/kg/day; Females: 815 mg/kg/day based on squa- mous cell hyperplasia of the forestomach.
870.3100 90–Day oral toxicity rodents (mouse) NOAEL: Males: ≥10,244 mg/kg/day; Females: ≥11,916 mg/kg/day (highest dose tested)LOAEL: Males: >10,244 mg/kg/day; Females: >11,916 mg/kg/day
870.3150 90–Day oral toxicity in nonrodents (dog) NOAEL = 80 mg/kg/day LOAEL = 400 mg/kg/day based on moderate cortical areas of dilated basophilic tubules in the kidneys and de- creased potassium levels.
870.3200 21/28–Day dermal toxicity DATA GAP
870.3250 90–Day dermal toxicity NA
870.3700a Prenatal developmental toxicity in rodents (rat) Maternal NOAEL ≥1,000 mg/kg/day (limit dose)LOAEL = Not ob- served Developmental NOAEL ≥1,000 mg/kg/day (limit dose) LOAEL = Not observed
870.3700b Prenatal developmental toxicity in nonrodents (rabbit) Maternal NOAEL = 40 mg/kg/dayLOAEL = 200 mg/kg/day based on increased mortality,abortions, and decreased maternal body weight gain.Developmental NOAEL ≥200 mg/kg/day LOAEL = Not ob- served(Due to severe mortality at 750 mg/kg/day, 200 mg/kg/day wasdeemed the high dose for evaluation)
870.3700b Prenatal developmentaltoxicity in nonrodents (rabbit) Maternal NOAEL = ≥150 mg/kg/day LOAEL = Not observed Develop- mental NOAEL ≥150 mg/kg/day LOAEL = Not observed
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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued
Guideline No./ Study Type Results
870.3700b Prenatal developmentaltoxicity in nonrodents (rabbit) Maternal NOAEL = 100 mg/kg/dayLOAEL = 350 mg/kg/day based on premature deliveries.Developmental NOAEL ≥350 mg/kg/day LOAEL = Not observed
870.38002–Generation Reproductionand fertility effects rats Parental/Systemic NOAEL = 35.5 mg/kg/dayLOAEL = 385 mg/kg/day based on increased mortality.Reproductive NOAEL ≥3,850 mg/kg/ dayLOAEL >3,850 mg/kg/dayOffspring NOAEL = 385 mg/kg/ dayLOAEL = 3850 mg/kg/day based on decreased pup body weight.
870.4100 Chronic toxicity dogs NOAEL = 20 mg/kg/day LOAEL = 200 mg/kg/daybased on histopathological changes in thekidneys and increased urinary volumeand sodium concentrations.
870.4300 Chronictoxicity/carcinogenicity rats NOAEL = 93.9 mg/kg/dayLOAEL = 469 mg/kg/day based on de- creased WBC in males.No evidence of carcinogenicity
870.4200 Carcinogenicity mice NOAEL = 279 mg/kg/dayLOAEL = 2847 mg/kg/day based on de- creased bodyweight gain and food utilization andmicroscopic changes in the stomachs of males.No evidence of carcinogenicity
870.5100 Bacterial reversemutation assay (Ames test) Negative with and without S–9activation up to the highest dose tested (5,000 µg/plate).
870.5300In vitro mammalian gene mutation assay Negative with S–9 activationup to 475 µg/mL. Negative without S– 9activation up to 500 µg/mL. Compound testedto concentrations limited by solubility.
870.5375In vitro mammalian chromosomeaberration (Chinese Increase in polyploidy in theabsence of S9 activation at 500 µg/mL Hampster Ovary (CHO) cells) for6 hours at the 24–hour cell harvest time;effect not observed after treatments of 24–or 48–hours. No increase in aberrationfrequency at any concentration orharvest time with or without S9. Compound wastested up to concentrations limited by solubility.
870.5385 In vivomammalian chromosome aberration (rat bone marrow Negative at 6, 24, and48–hour sacrifices. Compound testedto the cells) limit dose.
870.5395 Mammalian erythrocytemicronucleus test Negative at 24, 48, and 72 hour sacrifices. Noincrease in the fre- quency of micronucleatedpolychromatic erythrocytes in bone mar- row.
870.5550 UDS in primary rat hepatocytes Negative up to cytotoxic concentration (500 µg/mL).
870.5500 Rec assay withBacillus subtilis Negative for DNA damage when tested upto the limit dose (5,000 µg/ mL) both with and without S9.
870.6200a Acute neurotoxicityscreening battery NOAEL ≥2,000 mg/kg LOAEL = Not observed
870.6200b Subchronic neurotoxicityscreening battery NOAEL ≥1148 (M) or 1348(F) mg/kg/day LOAEL = Not observed
870.6300 Developmental neurotoxicity NA
870.7485 Metabolism and pharmacokinetics Following oral treatment of rats,prohexadione calcium was rapidlyabsorbed with highest tissue/carcassconcentrations obtained within30 minutes; however, absorptionbecame saturated at the highest dose.The test material did not accumulatein the tissues. For low dose animals,renal excretion was the primary route ofelimination. At the high dose, fecalexcretion became the primary route ofelimination. The primary excreta(both feces and urine) me- tabolite wasidentified as the free acid.
870.7600 Dermal penetration NA
B. Toxicological Endpoints of concern (LOC). However, the lowest in the extrapolation from laboratory dose at which adverse effects of concern animal data to humans and in the The dose at which no adverse effects are identified (the LOAEL) is sometimes variations in sensitivity among members are observed (the NOAEL) from the used for risk assessment if no NOAEL of the human population as well as toxicology study identified as was achieved in the toxicology study other unknowns. An UF of 100 is appropriate for use in risk assessment is selected. An uncertainty factor (UF) is routinely used, 10× to account for used to estimate the toxicological level applied to reflect uncertainties inherent
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interspecies differences and 10× for determine the LOC. For example, when in a million). Under certain specific intraspecies differences. 100 is the appropriate UF (10× to circumstances, MOE calculations will For dietary risk assessment (other account for interspecies differences and be used for the carcinogenic risk than cancer) the Agency uses the UF to 10× for intraspecies differences) the assessment. In this non-linear approach, calculate an acute or chronic reference LOC is 100. To estimate risk, a ratio of a ‘‘point of departure’’ is identified dose (acute RfD or chronic RfD) where the NOAEL to exposures (margin of below which carcinogenic effects are the RfD is equal to the NOAEL divided exposure (MOE) = NOAEL/exposure) is not expected. The point of departure is by the appropriate UF (RfD = NOAEL/ calculated and compared to the LOC. typically a NOAEL based on an UF). Where an additional safety factor is endpoint related to cancer effects retained due to concerns unique to the The linear default risk methodology though it may be a different value FQPA, this additional factor is applied (Q*) is the primary method currently to the RfD by dividing the RfD by such used by the Agency to quantify derived from the dose response curve. additional factor. The acute or chronic carcinogenic risk. The Q* approach To estimate risk, a ratio of the point of Population Adjusted Dose (aPAD or assumes that any amount of exposure departure to exposure (MOEcancer= point cPAD) is a modification of the RfD to will lead to some degree of cancer risk. of departure/exposures) is calculated. A accommodate this type of FQPA Safety A Q* is calculated and used to estimate summary of the toxicological endpoints Factor. risk which represents a probability of for prohexadione calcium used for For non-dietary risk assessments occurrence of additional cancer cases human risk assessment is shown in the (other than cancer) the UF is used to (e.g., risk is expressed as 1 × 10–6 or one following Table 2:
TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PROHEXADIONE CALCIUM FOR USE IN HUMAN RISK ASSESSMENT
Dose Used in Risk Assess- FQPA SF and LOC for Risk Exposure Scenario ment, UF Assessment Study and Toxicological Effects
Acute Dietary NA NA no adverse effects of concern ob- served in oral, developmental, and neurotoxicity studies in rats and rabbits, attributable to a single ex- posure dose
Chronic Dietary NOAEL= 80 mg/kg/day UF FQPA SF = 1× cPAD = chron- Subchronic & chronic toxicity-dog = 100 Chronic RfD = ic RfD FQPA SF = 0.80 mg/ LOAEL = 200 mg/kg/day based on 0.80 mg/kg/day kg/day histopathological changes in the kidneys (dilated basophilic tubules) and clinical chemistry changes
Short-Term Dermal (1–7 days) (Occu- Oral Maternal NOAEL = LOC for MOE = 100 (Occupa- Developmental toxicity- rabbit Mater- pational/Residential) 100 mg/kg/day Estimated tional) nal LOAEL = 350 mg/kg/day based dermal absorption rate on premature deliveries 25%
Intermediate-Term Dermal (1 week – Oral NOAEL = 80 mg/kg/ LOC for MOE =100 (Occupa- Subchronic toxicity-dog LOAEL = 400 several months) (Occupational/Resi- day Estimated absorption tional) mg/kg/day based on moderate cor- dential) rate 25% tical areas of dilated basophilic tu- bules in the kidneys and decreased potassium levels
Long-Term Dermal (several months – Oral NOAEL = 80 mg/kg/ LOC for MOE = 100 (Occupa- Subchronic & chronic toxicity-dog lifetime) (Occupational/Residential) day Estimated absorption tional) LOAEL = 200 mg/kg/day based on rate 25% histopathological changes in the kidneys (dilated basophilic tubules) and clinical chemistry changes
Short-Term Inhalation (1–7 days) (Oc- Oral Maternal NOAEL= 100 LOC for MOE = 100 (Occupa- Developmental toxicity- rabbit LOAEL cupational/Residential) mg/kg/day (inhalation ab- tional) = 350 mg/kg/day based on pre- sorption rate = 100%) mature deliveries
Intermediate-Term Inhalation (1 week Oral NOAEL= 80 mg/kg/ LOC for MOE = 100 (Occupa- Subchronic toxicity-dog LOAEL = 400 – several months) (Occupational/ day (inhalation absorp- tional) mg/kg/day based on moderate cor- Residential) tion rate = 100%) tical areas of dilated basophilic tu- bules in the kidneys and decreased potassium levels
Long-Term Inhalation(several months Oral NOAEL= 80 mg/kg/ LOC for MOE = 100 (Occupa- Subchronic & chronic toxicity-dog – lifetime)(Occupational/Residential) day (inhalation absorp- tional) LOAEL = 200 mg/kg/day based on tion rate = 100%) histopathological changes in the kidneys (dilated basophilic tubules) and clinical chemistry changes
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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PROHEXADIONE CALCIUM FOR USE IN HUMAN RISK ASSESSMENT—Continued
Dose Used in Risk Assess- FQPA SF and LOC for Risk Exposure Scenario ment, UF Assessment Study and Toxicological Effects
Cancer (oral, dermal, inhalation) Not likely human car- NA No evidence of carcinogenic potential, cinogen therefore, cancer risk assessment is not required
C. Exposure Assessment have comprehensive monitoring data, to a pesticide in food, and from 1. Dietary exposure from food and drinking water concentration estimates residential uses. Since DWLOCs address feed uses. Tolerances have been are made by reliance on simulation or total aggregate exposure to established (40 CFR 180.547) for the modeling taking into account data on prohexadione calcium they are further residues of prohexadione calcium, in or the physical characteristics of discussed in the aggregate risk sections on a variety of raw agricultural prohexadione calcium. below. commodities. Risk assessments were The Agency uses the Generic Based on the GENEEC and SCI-GROW conducted by EPA to assess dietary Estimated Environmental Concentration models the estimated environmental exposures from prohexadione calcium (GENEEC) or the Pesticide Root Zone/ concentrations (EECs) of prohexadione in food as follows: Exposure Analysis Modeling System calcium for acute exposures are i. Acute exposure. Acute dietary risk (PRZM/EXAMS) to estimate pesticide estimated to be 35.6 parts per billion assessments are performed for a food- concentrations in surface water and SCI- (ppb) for surface water and 0.001 ppb use pesticide if a toxicological study has GROW, which predicts pesticide for ground water. The EECs for chronic indicated the possibility of an effect of concentrations in groundwater. In exposures are estimated to be 7.73 ppb concern occurring as a result of a one general, EPA will use GENEEC (a tier 1 for surface water and 0.001 ppb for day or single exposure. An acute dietary model) before using PRZM/EXAMS (a ground water. risk assessment was not performed tier 2 model) for a screening-level 3. From non-dietary exposure. The because there were no adverse effects of assessment for surface water. The term ‘‘residential exposure’’ is used in concern observed in neurotoxicity GENEEC model is a subset of the PRZM/ this document to refer to non- studies, oral toxicology studies, EXAMS model that uses a specific high- occupational, non-dietary exposure including maternal toxicity in the end runoff scenario for pesticides. (e.g., for lawn and garden pest control, developmental toxicity studies in rats GENEEC incorporates a farm pond indoor pest control, termiticides, and and rabbits, that were attributable to a scenario, while PRZM/EXAMS flea and tick control on pets). single exposure dose. incorporates an index reservoir Prohexadione calcium is not registered ii. Chronic exposure. In conducting environment in place of the previous for use on any sites that would result in this chronic dietary risk assessment the pond scenario. The PRZM/EXAMS residential exposure. Dietary Exposure Evaluation Model model includes a percent crop area 4. Cumulative exposure to substances (DEEMM) analysis evaluated the factor as an adjustment to account for with a common mechanism of toxicity. individual food consumption as the maximum percent crop coverage Section 408(b)(2)(D)(v) requires that, reported by respondents in the USDA within a watershed or drainage basin. when considering whether to establish, 1989–1992 nationwide Continuing None of these models include modify, or revoke a tolerance, the Surveys of Food Intake by Individuals consideration of the impact processing Agency consider ‘‘available (CSFII) and accumulated exposure to (mixing, dilution, or treatment) of raw information’’ concerning the cumulative the chemical for each commodity. The water for distribution as drinking water effects of a particular pesticide’s following assumptions were made for would likely have on the removal of residues and ‘‘other substances that the chronic exposure assessments: pesticides from the source water. The have a common mechanism of toxicity.’’ Tolerance level residues (pome fruit, primary use of these models by the EPA does not have, at this time, peanuts, animal feeds) and 100% CT Agency at this stage is to provide a available data to determine whether was assumed for all commodities. coarse screen for sorting out pesticides prohexadione calcium has a common Residues were not found to concentrate for which it is highly unlikely that mechanism of toxicity with other in processed apples; therefore, drinking water concentrations would substances or how to include this concentration factors were not used ever exceed human health levels of pesticide in a cumulative risk (apple juice, cider). concern. assessment. Unlike other pesticides for iii. Cancer. In accordance with the Since the models used are considered which EPA has followed a cumulative EPA Draft Guidelines for Carcinogen to be screening tools in the risk risk approach based on a common Risk Assessment (July, 1999), assessment process, the Agency does mechanism of toxicity, prohexadione prohexadione calcium is classified as not use estimated environmental calcium does not appear to produce a not likely to be carcinogenic to humans concentrations (EECs) from these toxic metabolite produced by other by all routes of exposure based upon models to quantify drinking water substances. For the purposes of this lack of evidence of carcinogenicity in exposure and risk as a %RfD or %PAD. tolerance action, therefore, EPA has not rats and mice. Instead drinking water levels of assumed that prohexadione calcium has 2. Dietary exposure from drinking comparison (DWLOCs) are calculated a common mechanism of toxicity with water. The Agency lacks sufficient and used as a point of comparison other substances. For information monitoring exposure data to complete a against the model estimates of a regarding EPA’s efforts to determine comprehensive dietary exposure pesticide’s concentration in water. which chemicals have a common analysis and risk assessment for DWLOCs are theoretical upper limits on mechanism of toxicity and to evaluate prohexadione calcium in drinking a pesticide’s concentration in drinking the cumulative effects of such water. Because the Agency does not water in light of total aggregate exposure chemicals, see the final rule for
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Bifenthrin Pesticide Tolerances (62 FR children from the use of prohexadione When EECs for surface water and 62961, November 26, 1997). calcium (currently there are no groundwater are less than the calculated proposed residential uses and, therefore, D. Safety Factor for Infants and DWLOCs, OPP concludes with non-occupational exposure is not Children reasonable certainty that exposures to expected). the pesticide in drinking water (when 1. In general. FFDCA section 408 considered along with other sources of provides that EPA shall apply an E. Aggregate Risks and Determination of Safety exposure for which OPP has reliable additional tenfold margin of safety for data) would not result in unacceptable infants and children in the case of To estimate total aggregate exposure levels of aggregate human health risk at threshold effects to account for prenatal to a pesticide from food, drinking water, this time. Because OPP considers the and postnatal toxicity and the and residential uses, the Agency aggregate risk resulting from multiple completeness of the data base on calculates DWLOCs which are used as a exposure pathways associated with a toxicity and exposure unless EPA point of comparison against the model pesticide’s uses, levels of comparison in determines that a different margin of estimates of a pesticide’s concentration safety will be safe for infants and drinking water may vary as those uses in water (EECs). DWLOC values are not change. If new uses are added in the children. Margins of safety are regulatory standards for drinking water. incorporated into EPA risk assessments future, OPP will reassess the potential DWLOCs are theoretical upper limits on impacts of residues of the pesticide in either directly through use of a margin a pesticide’s concentration in drinking of exposure (MOE) analysis or through drinking water as a part of the aggregate water in light of total aggregate exposure risk assessment process. using uncertainty (safety) factors in to a pesticide in food and residential calculating a dose level that poses no uses. In calculating a DWLOC, the 1. Acute risk. Acute dietary risk appreciable risk to humans. Agency determines how much of the assessment is not expected because 2. Prenatal and postnatal sensitivity. acceptable exposure (i.e., the PAD) is there were no adverse effects of concern The prenatal and postnatal toxicology available for exposure through drinking observed in neurotoxicity studies, oral data base for prohexadione is adequate water [e.g., allowable chronic water toxicology studies, including maternal for FQPA considerations. The results of toxicity in the developmental toxicity these studies indicated no quantitative exposure (mg/kg/day) = cPAD - (average food + residential exposure). This studies in rats and rabbits, that were or qualitative increase in susceptibility attributable to a single exposure dose. of rats or rabbits to in utero and/or allowable exposure through drinking postnatal exposure to prohexadione. A water is used to calculate a DWLOC. 2. Chronic risk. Using the exposure developmental neurotoxicity study is A DWLOC will vary depending on the assumptions described in this unit for not required. toxic endpoint, drinking water chronic exposure, EPA has concluded 3. Conclusion. There is a complete consumption, and body weights. Default that exposure to prohexadione calcium toxicity data base for prohexadione body weights and consumption values from food will utilize < 1 % of the cPAD calcium and exposure data are complete as used by the USEPA Office of Water for the U.S. population, 2% of the cPAD or are estimated based on data that are used to calculate DWLOCs: 2L/70 kg for all infants (<1 year old) and 2% of reasonably accounts for potential (adult male), 2L/60 kg (adult female), th cPAD for children 1–6 years of age. exposures. The FQPA Safety Factor is and 1L/10 kg (child). Default body There are no residential uses for 1× (reduced from 10×). In assessing the weights and drinking water prohexadione calcium that result in risk posed by prohexadione calcium the consumption values vary on an chronic residential exposure to safety factor could be removed because: individual basis. This variation will be prohexadione calcium. In addition, (i) The prenatal and postnatal toxicology taken into account in more refined there is potential for chronic dietary data base is complete, there is no screening-level and quantitative exposure to prohexadione calcium in indication of increased susceptibility, drinking water exposure assessments. drinking water. After calculating and a developmental neurotoxicity Different populations will have different DWLOCs and comparing them to the study is not required, and (ii) the food DWLOCs. Generally, a DWLOC is EECs for surface and ground water, EPA and drinking water exposure calculated for each type of risk does not expect the aggregate exposure assessments will not underestimate the assessment used: acute, short-term, to exceed 100% of the cPAD, as shown potential exposures for infants and intermediate-term, chronic, and cancer. in the following Table 3:
TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON- CANCER) EXPOSURE TO PROHEXADIONE CALCIUM
Surface Water Ground Water EEC Chronic DWLOC Population Subgroup cPAD mg/kg/day %cPAD (Food) EEC (ppb) (ppb) (ppb)
U.S. Population 0.80 < 1 7.73 0.001 28,000 All Infants (< 1 year old) 0.80 2 7.73 0.001 8,000 Children 1–6 years old 0.80 2 7.73 0.001 8,000 Females 13–50 years old 0.80 < 1 7.73 0.001 24,000
3. Short-term risk. Short-term aggregate risk is the sum of the risk from exposure level). Prohexadione calcium aggregate exposure takes into account food and water, which do not exceed is not registered for use on any sites that residential exposure plus chronic the Agency’s level of concern. would result in residential exposure. exposure to food and water (considered 4. Intermediate-term risk. Therefore, the aggregate risk is the sum to be a background exposure level). Intermediate-term aggregate exposure of the risk from food and water, which Prohexadione calcium is not registered takes into account residential exposure do not exceed the Agency’s level of for use on any sites that would result in plus chronic exposure to food and water concern. residential exposure. Therefore, the (considered to be a background
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5. Aggregate cancer risk for U.S. section 408(d), as was provided in the the purpose of this subsection.’’ For population. Prohexadione calcium is old FFDCA sections 408 and 409. additional information regarding the classified as not likely to be However, the period for filing objections waiver of these fees, you may contact carcinogenic to humans by all routes of is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– exposure based upon lack of evidence of A. What Do I Need to Do to File an 5697, by e-mail at carcinogenicity in rats and mice, Objection or Request a Hearing? [email protected], or by mailing a therefore, no cancer risk is expected. request for information to Mr. Tompkins 6. Determination of safety. Based on You must file your objection or at Registration Division (7505C), Office request a hearing on this regulation in these risk assessments, EPA concludes of Pesticide Programs, Environmental accordance with the instructions that there is a reasonable certainty that Protection Agency, 1200 Pennsylvania provided in this unit and in 40 CFR part no harm will result to the general Ave., NW., Washington, DC 20460. population, and to infants and children 178. To ensure proper receipt by EPA, from aggregate exposure to you must identify docket control If you would like to request a waiver prohexadione calcium residues. number OPP–301128 in the subject line of the tolerance objection fees, you must on the first page of your submission. All mail your request for such a waiver to: IV. Other Considerations requests must be in writing, and must be James Hollins, Information Resources A. Analytical Enforcement Methodology mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Adequate enforcement methodology on or before July 31, 2001. Pesticide Programs, Environmental 1. Filing the request. Your objection (gas chromatography and mass selective Protection Agency, 1200 Pennsylvania must specify the specific provisions in detector) is available to enforce the Ave., NW., Washington, DC 20460. the regulation that you object to, and the tolerance expression. The method may 3. Copies for the Docket. In addition grounds for the objections (40 CFR be requested from: Calvin Furlow, to filing an objection or hearing request 178.25). If a hearing is requested, the PRRIB, IRSD (7502C), Office of Pesticide with the Hearing Clerk as described in objections must include a statement of Programs, Environmental Protection the factual issues(s) on which a hearing Unit VI.A., you should also send a copy Agency, 1200 Pennsylvania Ave., NW, is requested, the requestor’s contentions of your request to the PIRIB for its Washington, DC 20460; telephone on such issues, and a summary of any inclusion in the official record that is number: (703) 305–5229; e-mail address: evidence relied upon by the objector (40 described in Unit I.B.2. Mail your [email protected]. CFR 178.27). Information submitted in copies, identified by docket control B. International Residue Limits connection with an objection or hearing number OPP–301128, to: Public request may be claimed confidential by Information and Records Integrity There is neither a Codex proposal, nor Branch, Information Resources and Canadian or Mexican limits for residues marking any part or all of that Services Division (7502C), Office of of prohexadione calcium in/on plant or information as CBI. Information so Pesticide Programs, Environmental livestock commodities. marked will not be disclosed except in accordance with procedures set forth in Protection Agency, 1200 Pennsylvania C. Conditions 40 CFR part 2. A copy of the Ave., NW., Washington, DC 20460. In A 21–day dermal toxicity study in information that does not contain CBI person or by courier, bring a copy to the rabbits (OPPTS 870.3200) is required. must be submitted for inclusion in the location of the PIRIB described in Unit public record. Information not marked I.B.2. You may also send an electronic V. Conclusion confidential may be disclosed publicly copy of your request via e-mail to: opp- Therefore, the tolerance is established by EPA without prior notice. [email protected]. Please use an ASCII for residues of prohexadione calcium, Mail your written request to: Office of file format and avoid the use of special calcium 3-oxido-5-oxo-4- the Hearing Clerk (1900), Environmental characters and any form of encryption. propionylcyclohex-3-enecarboxylate in Protection Agency, 1200 Pennsylvania Copies of electronic objections and or on grass forage at 0.10 ppm, grass hay Ave., NW., Washington, DC 20460. You hearing requests will also be accepted at 0.10 ppm, grass straw at 1.2 ppm and may also deliver your request to the on disks in WordPerfect 6.1/8.0 or grass seed screenings at 3.5 ppm. Office of the Hearing Clerk in Rm. C400, ASCII file format. Do not include any Waterside Mall, 401 M St., SW., VI. Objections and Hearing Requests CBI in your electronic copy. You may Washington, DC 20460. The Office of also submit an electronic copy of your Under section 408(g) of the FFDCA, as the Hearing Clerk is open from 8 a.m. request at many Federal Depository amended by the FQPA, any person may to 4 p.m., Monday through Friday, Libraries. file an objection to any aspect of this excluding legal holidays. The telephone regulation and may also request a number for the Office of the Hearing B. When Will the Agency Grant a hearing on those objections. The EPA Clerk is (202) 260–4865. Request for a Hearing? procedural regulations which govern the 2. Tolerance fee payment. If you file submission of objections and requests an objection or request a hearing, you A request for a hearing will be granted for hearings appear in 40 CFR part 178. must also pay the fee prescribed by 40 if the Administrator determines that the Although the procedures in those CFR 180.33(i) or request a waiver of that material submitted shows the following: regulations require some modification to fee pursuant to 40 CFR 180.33(m). You There is a genuine and substantial issue reflect the amendments made to the must mail the fee to: EPA Headquarters of fact; there is a reasonable possibility FFDCA by the FQPA of 1996, EPA will Accounting Operations Branch, Office that available evidence identified by the continue to use those procedures, with of Pesticide Programs, P.O. Box requestor would, if established resolve appropriate adjustments, until the 360277M, Pittsburgh, PA 15251. Please one or more of such issues in favor of necessary modifications can be made. identify the fee submission by labeling the requestor, taking into account The new section 408(g) provides it ‘‘Tolerance Petition Fees.’’ uncontested claims or facts to the essentially the same process for persons EPA is authorized to waive any fee contrary; and resolution of the factual to ‘‘object’’ to a regulation for an requirement ‘‘when in the judgement of issues(s) in the manner sought by the exemption from the requirement of a the Administrator such a waiver or requestor would be adequate to justify tolerance issued by EPA under new refund is equitable and not contrary to the action requested (40 CFR 178.32).
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VII. Regulatory Assessment responsibilities among the various Dated: May 16, 2001. Requirements levels of government.’’ This final rule James Jones, This final rule establishes a tolerance directly regulates growers, food Director, Registration Division, Office of under FFDCA section 408(d) in processors, food handlers and food Pesticide Programs. response to a petition submitted to the retailers, not States. This action does not Therefore, 40 CFR chapter I is Agency. The Office of Management and alter the relationships or distribution of amended as follows: Budget (OMB) has exempted these types power and responsibilities established of actions from review under Executive by Congress in the preemption PART 180—[AMENDED] Order 12866, entitled Regulatory provisions of FFDCA section 408(n)(4). 1. The authority citation for part 180 Planning and Review (58 FR 51735, For these same reasons, the Agency has continues to read as follows: October 4, 1993). This final rule does determined that this rule does not have not contain any information collections Authority: 21 U.S.C. 321(q), 346(a) and any tribal implications as described in 371. subject to OMB approval under the Executive Order 13175, entitled Paperwork Reduction Act (PRA), 44 2. Section 180.547 is amended by Consultation and Coordination with alphabetically adding commodities to U.S.C. 3501 et seq., or impose any Indian Tribal Governments (65 FR enforceable duty or contain any the table in paragraph (a) to read as 67249, November 6, 2000). Executive follows: unfunded mandate as described under Order 13175, requires EPA to develop Title II of the Unfunded Mandates an accountable process to ensure § 180.547 Prohexadione calcium; Reform Act of 1995 (UMRA) (Public meaningful and timely input by tribal tolerances for residues. Law 104–4). Nor does it require any (a) * * * special considerations under Executive officials in the development of regulatory policies that have tribal Order 12898, entitled Federal Actions to Commodity Parts per million Address Environmental Justice in implications. Policies that have tribal Minority Populations and Low-Income implications is defined in the Executive ***** Populations (59 FR 7629, February 16, Order to include regulations that have Grass, forage1 0.10 ppm 1994); or OMB review or any Agency substantial direct effects on one or more Grass, hay1 0.10 ppm action under Executive Order 13045, Indian Tribes, on the relationship Grass, seed screenings1 3.5 ppm 1 entitled Protection of Children from between the Federal government and Grass, straw 1.2 ppm ***** Environmental Health Risks and Safety the Indian tribes, or on the distribution Risks (62 FR 19885, April 23, 1997). of power and responsibilities between 1Registration is limited to grasses grown for This action does not involve any the Federal government and Indian seed. technical standards that would require tribes. This rule will not have * * * * * Agency consideration of voluntary substantial direct effects on tribal [FR Doc. 01–13774 Filed 5–31–01; 8:45 am] consensus standards pursuant to section governments, on the relationship 12(d) of the National Technology between the Federal government and BILLING CODE 6560–50–S Transfer and Advancement Act of 1995 Indian tribes, as specified in Executive (NTTAA), Public Law 104–113, section Order 13175. Thus, Executive Order ENVIRONMENTAL PROTECTION 12(d) (15 U.S.C. 272 note). Since 13175 does not apply to this rule. AGENCY tolerances and exemptions that are VIII. Submission to Congress and the established on the basis of a petition 40 CFR Part 271 under FFDCA section 408(d), such as Comptroller General the tolerance in this final rule, do not [FRL–6938–8] require the issuance of a proposed rule, The Congressional Review Act, 5 Maryland: Final Authorization of State the requirements of the Regulatory U.S.C. 801 et seq., as added by the Small Hazardous Waste Management Flexibility Act (RFA) (5 U.S.C. 601 et Business Regulatory Enforcement Program Revisions seq.) do not apply. In addition, the Fairness Act of 1996, generally provides Agency has determined that this action that before a rule may take effect, the AGENCY: Environmental Protection will not have a substantial direct effect agency promulgating the rule must Agency (EPA). submit a rule report, which includes a on States, on the relationship between ACTION: Immediate final rule. the national government and the States, copy of the rule, to each House of the or on the distribution of power and Congress and to the Comptroller General SUMMARY: The State of Maryland (State) responsibilities among the various of the United States. EPA will submit a has applied to EPA for Final levels of government, as specified in report containing this rule and other authorization of changes to its Executive Order 13132, entitled required information to the U.S. Senate, hazardous waste program under the Federalism(64 FR 43255, August 10, the U.S. House of Representatives, and Resource Conservation and Recovery 1999). Executive Order 13132 requires the Comptroller General of the United Act (RCRA). EPA has determined that EPA to develop an accountable process States prior to publication of this final these changes satisfy all requirements to ensure ‘‘meaningful and timely input rule in the Federal Register. This final needed to qualify for Final by State and local officials in the rule is not a ‘‘major rule’’ as defined by authorization, and is authorizing the development of regulatory policies that 5 U.S.C. 804(2). State’s changes through this immediate have federalism implications.’’ ‘‘Policies final action. EPA is publishing this rule that have federalism implications’’ is List of Subjects in 40 CFR Part 180 to authorize the changes without a prior defined in the Executive Order to proposal because we view this as a include regulations that have Environmental protection, routine program change and do not ‘‘substantial direct effects on the States, Administrative practice and procedure, expect comments that oppose it. Unless on the relationship between the national Agricultural commodities, Pesticides we get written comments which oppose government and the States, or on the and pests, Reporting and recordkeeping this authorization during the comment distribution of power and requirements. period, the decision to authorize
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Maryland’s changes to its hazardous B. What Decisions Have We Made in we are publishing a separate document waste program will take effect as This Rule? that proposes to authorize the State provided below. If we get comments EPA concludes that Maryland’s program changes. If EPA receives that oppose this action, or portions application to revise its authorized comments which oppose this thereof, we will publish a document in program meets all of the statutory and authorization, or portion(s) thereof, that document will serve as a proposal to the Federal Register withdrawing this regulatory requirements established by authorize such changes. rule, or portions thereof, before it takes RCRA. Therefore, we grant Maryland effect, and a separate document in the Final authorization to operate its E. What Happens if EPA Receives proposed rules section of this Federal hazardous waste program with the Comments That Oppose This Action? Register will serve as a proposal to changes described in the authorization authorize the changes. If EPA receives comments that oppose application. Maryland has responsibility this authorization, we will withdraw DATES: This Final authorization will for permitting treatment, storage, and this rule by publishing a document in become effective on July 31, 2001, disposal facilities (TSDFs) within its the Federal Register before the rule unless EPA receives adverse written borders and for carrying out the aspects becomes effective. EPA will base any comment by July 2, 2001. If EPA of the RCRA program described in its further decision on the authorization of receives such comment, it will publish revised program application, subject to the State’s program changes on the a timely withdrawal of this immediate the limitations of the Hazardous and proposal mentioned in the previous final rule in the Federal Register and Solid Waste Amendments of 1984 paragraph. We will then address all inform the public that this authorization (HSWA). New Federal requirements and public comments in a later final rule. will not take effect. prohibitions imposed by Federal You may not have another opportunity regulations that EPA promulgates under ADDRESSES: Send written comments to to comment. If you want to comment on the authority of HSWA take effect in this authorization, you must do so at Carol Johnson, Mailcode 3WC21, RCRA authorized States before they are State Programs Branch, U.S. EPA Region this time. authorized for the requirements. Thus, If EPA receives comments that oppose III, 1650 Arch Street, Philadelphia, PA EPA will implement those requirements only the authorization of a particular 19103–2029, Phone number: (215) 814– and prohibitions in Maryland, including change to the State hazardous waste 3378. We must receive your comments issuing permits, until the State is program, we may withdraw that part of by July 2, 2001. You can view and copy granted authorization to do so. this rule, but the authorization of the Maryland’s application from 8:30 a.m. program changes that the comments do to 4:30 p.m., Monday through Friday at C. What Is the Effect of Today’s not oppose will become effective on the the following addresses: Maryland Authorization Decision? date specified above. The Federal Department of the Environment, Waste The effect of this decision is that a Register withdrawal document will Management Administration, Hazardous facility in Maryland subject to RCRA specify which part of the authorization Waste Program, 2500 Broening will have to comply with the authorized will become effective, and which part is Highway, Baltimore, Maryland 21224, State requirements instead of the being withdrawn. Phone number (410) 631–3345; and EPA equivalent Federal requirements in Region III, Library, 2nd Floor, 1650 order to comply with RCRA. Maryland F. What Has Maryland Previously Been Arch Street, Philadelphia, PA 19103– has enforcement responsibilities under Authorized for? 2029, Phone number: (215) 814–5254. its state hazardous waste program for Title 7, Subtitle 2 of the Health- FOR FURTHER INFORMATION CONTACT: violations of such program, but EPA Environmental Article of the Annotated Carol Johnson, Mailcode 3WC21, RCRA retains authority under RCRA sections Code of Maryland, as amended through State Programs Branch, U.S. EPA Region 3007, 3008, 3013, and 7003, which 1984, authorized the Department of III, 1650 Arch Street, Philadelphia, PA include, among others, authority to: Health and Mental Hygiene (DHMH) to 19103–2029, Phone number: (215) 814– • Do inspections, and require ‘‘adopt rules and regulations to carry out 3378. monitoring, tests, analyses or reports; the provisions of this subtitle’’ and to • Enforce RCRA requirements and ‘‘administer and enforce this subtitle SUPPLEMENTARY INFORMATION: suspend or revoke permits; and and the rules, regulations, and orders A. Why Are Revisions to State • Take enforcement actions regardless adopted or issued under this subtitle.’’ Programs Necessary? of whether the State has taken its own The DHMH promulgated regulations to actions. implement Subtitle 2 in Chapters States which have received Final This action does not impose 10.51.01 through 10.51.07 of the Code of authorization from EPA under RCRA additional requirements on the Maryland Regulations. The State section 3006(b), 42 U.S.C. 6926(b), must regulated community because the received Final authorization from EPA maintain a hazardous waste program regulations for which Maryland is being to implement its base hazardous waste that is equivalent to, consistent with, authorized by today’s action are already program effective February 11, 1985 (50 and no less stringent than the Federal effective, and are not changed by today’s FR 3511; January 25, 1985). program. As the Federal program action. The statutory provisions concerning changes, States must change their hazardous waste management were programs and ask EPA to authorize the D. Why Wasn’t There a Proposed Rule shifted without renumbering to the changes. Changes to State programs may Before Today’s Rule? newly created Environment Article of be necessary when Federal or State EPA did not publish a proposal before the Annotated Code of Maryland in statutory or regulatory authority is today’s rule because we view this as a 1987. At that time, the responsibilities modified or when certain other changes routine program change and do not for adopting rules and regulations, and occur. Most commonly, States must expect comments that oppose this for administering and enforcing Subtitle change their programs because of approval. We are providing an 2, were transferred to the newly created changes to EPA’s regulations in 40 Code opportunity for public comment now. In Maryland Department of the of Federal Regulations (CFR) parts 124, addition to this rule, in the proposed Environment (MDE). Since Maryland’s 260 through 266, 268, 270, 273 and 279. rules section of today’s Federal Register base program authorization, the State
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has made numerous changes to its the State’s legal authority to carry out Checklists listed in the following table, regulations. Most notably, in 1989 the aspects of the Federal program for and the adoption of State-initiated regulations were recodified in Chapters which the State is seeking authorization, changes. The State’s statutory references 26.13.01 through 26.13.10 of the Code of the scope and coverage of activities are to the Environment Article, Title 7, Maryland Regulations with conforming regulated, and the State’s procedures, Subtitle 2 of the Annotated Code of changes to internal references and some including the criteria for permit Maryland (1996 Repl. Vol., 1999 Cumul. renumbering of provisions in Chapters reviews, public participation and Supp.). The regulatory references are to 26.13.02 and 26.13.05. MDE’s latest enforcement capabilities, were Title 26, Subtitle 13 of the Code of regulatory revisions took effect on addressed before the submission of the Maryland Regulations (COMAR), October 16, 2000. final application by the State. Maryland Chapters 01 through 07, and Chapter 10, also solicited public comments on its as amended effective October 16, 2000. G. What Changes Are We Authorizing proposed regulations before they were We now make an immediate final With Today’s Action? adopted. decision, subject to receipt of written On December 21, 2000, Maryland Maryland’s program revision comments that oppose this action, that Maryland’s hazardous waste program submitted a final, complete program application includes statutory and revision satisfies all of the requirements revision application seeking regulatory changes to the State’s necessary to qualify for Final authorization of its changes in authorized hazardous waste program, authorization. Therefore, we grant accordance with 40 CFR 271.21. EPA including the adoption of interim status Maryland Final authorization for the Region III worked closely with the State regulations, the adoption of changes to following program changes: to develop the authorization package. the Federal hazardous waste regulations Therefore, EPA’s comments relative to addressed by selected Revision 1. Program Revision Changes
Description of Federal requirement Analogous State Authority
Interim Status Standards
40 CFR Part 265 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(6) and (e)(7); and 7–232(a) COMAR 26.13.06 (except 26.13.06.01A(4)(h)(iv), .01A(6), .01B, .02G, .05B(4), .23C, .24B(1), .26); and 26.13.05.02B, C(1)–(3), D(1), D(2) (except (c)(vi)), E–I; 26.13.05.03C–H; 26.13.05.04B–G; 26.13.05.05A–C, D(1), D(2)(a)–(b), D(2)(d)–(g), E–G, H (except H(4)); 26.13.05.09B–F, G(1)–(3), H–I; 26.13.05.10A–C, D(2)–(5), E; 26.13.05.10–1; 26.13.05.10–2B(1)–(5); 26.13.05.10–3B(1) and (2), B(4)–(8), B(10)–(12); 26.13.05.10–4A–F, G(5)&(6); 26.13.05.10–5; 26.13.05.10–6A–C; 26.13.05.11C(2), D(1), D(4)–(8), E, G(1) (except (e)), G(2) (except (b)), I–J; 26.13.05.12B(1)–(6), C, E–I; 26.13.05.14B(3)–(9), I–J, L (except (2)), M, O; 26.13.05.20; and 26.13.05.24. (Note: Provisions in COMAR 26.13.05 (permitting standards) are cited to the extent that they are applica- ble to interim status facilities pursuant to 26.13.06.) (More stringent provisions: 26.13.06.01A(4)(g); .16B(3) and (4), .20B(3), .20E, .21B(5), .22B(3), .22F(1), .22F(3)(a), and .27; 26.13.05.02C(3), .02I, .03G, .05B(1)(e), .05D(2)(f), .09H–I, .10D(2)(b), .10D(4), .10E, .12E–F, and .14J(2)(b) to the extent that these permitting standards apply to interim status facilities pursuant to 26.13.06). 40 CFR 264.3, 270.10(e)(1)–(5), COMAR 26.13.01.03B (42–2), (59–1), (59–2); 270.10(g)(1)–(2) and 270 Subpart 26.13.05.01B; G). 26.13.06.01B; and 26.13.07.23 Related Conforming Changes (e.g., COMAR 26.13.01.01B(4), .03B(25), .03B(60), .03B(62), .04A(1), .04B(1), .04B(2)(c); addition of internal references to 26.13.02.05B, .05D(2)(b)(ii), .06A(2)(a)(i)–(ii), .06A(2)(b), 06A(2)(b)(ii), .15D; new standards in COMAR Chap- 26.13.03.01D, .01E, .05E(1)(h)(i), .05E(2), .06B(2), .07–4; ter 26.13.06 or removal of now 26.13.05.01A(2), .02D(2)(c)(vi), .02F(2)(d)(iv), .05D(2)(c), .06A(4)(a), .07B, .07C(1)(b), .11D(2), .14B(1) obsolete requirements in other [Repeal of .15, .17, .18]; COMAR chapters). 26.13.07.01A, .02D(19), .02D(29), .13–1A(3), .13–1A(5); and 26.13.10.01C, .01D(1), .02A(2)(b).
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Federal Register date and Description of Federal requirement page Analogous State authority
Non-HSWA Requirements Prior to Non-HSWA Cluster I
Biennial Report (Revision Checklist 1) ...... 1/28/83, 48 FR 3977 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(5), & (e)(6); 7– 209(c); and 7–253(5). COMAR 26.13.03.06A(2), .06B(1)–(3); 26.13.05.05F–H; 26.13.06.05A, .05B, .06; 26.13.07.15E(3). Permit Rule; Settlement Agreement (Revision Checklist 9/1/83, 48 FR 39611 ...... MD. Code Ann., Envir. §§ 7–208(a) and (e)(5)–(7); 2). COMAR 26.13.07.03A(1), .03A(3), .03D, and .04D. Interim Status Standards; Applicability (Revision Check- 11/22/83, 48 FR 52718 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(6) & list 3). (e)(7) and 7–232(a); COMAR 26.13.06.01A(2) & (3). Chlorinated Aliphatic Hydrocarbon Listing (Revision 2/10/84, 49 FR 5308 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & Checklist 4). (e)(1); COMAR 26.13.02.16A, .23, and .24. National Uniform Manifest (Revision Checklist 5) ...... 3/20/84, 49 FR 10490 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); 7–209(b); and 7–253(2); COMAR 26.13.01.03B(50) & (51); 26.13.03.04A(1), .04B(1)–(4). Permit Rule; Settlement Agreement (Revision Checklist 4/24/84, 49 FR 17716 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(7); 6). COMAR 26.13.07.23A(2). Warfarin and Zinc Phosphide Listing (Revision Checklist 5/10/84, 49 FR 19922 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & 7). (e)(1); COMAR 26.13.02.19E and .19G. Lime Stabilized Pickle Liquor Sludge (Revision Checklist 6/5/84, 49 FR 23284 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a), 8). (d)(4) & (e)(1); COMAR 26.13.02.03C(2) & (3).
Non-HSWA Cluster I
Household Waste (Revision Checklist 9) ...... 11/13/84, 49 FR 44978 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.04–1A(1), .04–1B, and .04–1C intro. Interim Status Standards; Applicability (Revision Check- 11/21/84, 49 FR 46094 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(6) & list 10). (e)(7); and 7–232(a); COMAR 26.13.06.01A(1)–(3). Corrections to Test Methods Manual (Revision Checklist 12/4/84, 49 FR 47390 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(1) and (e)(2); 11). COMAR 26.13.01.04B and .05A(4). Satellite Accumulation (Revision Checklist 12) ...... 12/20/84, 49 FR 49568 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); and 7– 209(c); COMAR 26.13.03.05E(3). (More Stringent Provision: 26.13.03.05E(3)). Definition of Solid Waste (Revision Checklist 13) ...... 1/4/85, 50 FR 614; 4/11/85, MD. Code Ann., Envir. §§ 7–201(t); and 7–208(a), 50 FR 14216; 8/20/85, 50 (d)(3)(i), (d)(4), (e)(1) & (e)(4)–(6); FR 33541. COMAR 26.13.01.03B(5), .03B(12), .03B(33), .03B(40), .04D–I; 26.13.02.01C, .02A–G .03C(2)–(3), .04A(5)–(6), .05A(2), .06A(1), .06A(2)(b), .06A(3)(a), .06A(3)(b)(i)– (iii), .06B–C, .16A, .91 intro; 26.13.05.01A(3)(c), .16B()1); 26.13.06.01A(4)(c), .23A, .24A, .24B(2); 26.13.10.01A–C. .01D(1) .02A(1)–(2), .02C–E, .02F(4), .03, .04B–C. (More Stringent Provisions: 26. 13.01.04G(2), 26.13.10.02A(2), 26.13.10.03B, and 26.13.10.03C). Interim Status Standards for Treatment, Storage, and 4/23/85, 50 FR 16044 ...... MD. Code Ann., Envir, §§ 7–208(a) and (e)(4)–(6); Disposal Facilities (Revision Checklist 15). COMAR 26.13.05.11C(2), .11I, .14J, .14O; 26.13.06.19B intro, .19B(1), .19B(5), .19C, .21A, .21B(1)–(2), .21B(5), .22B(3) & (6). (More Stringent Provision: 26.13.06.21B(5)).
Non-HSWA Cluster II
Financial Responsibility; Settlement Agreement (Revi- 5/2/86, 51 FR 16422; 3/10/ MD. Code Ann., Envir. §§ 7–208(a) & (e)(6)–(7); 7– sion Checklist 24–Amended). 88, 53 FR 7740; 6/26/90, 236(a); and 7–242(a)(1); 55 FR 25976. COMAR 26.13.01.03B(1–1), (25), (34) & (60); 26.13.05.07A(1) &(2), .07B, .07C(1)(a), .07C(2)–(5), .07D(1)–(5), .07E, .07F, .07G, .07H, .01I(1)–(3), .07J, .08; 26.13.06.07, .08, .09, .10, .11, .12, .13, .14, 15, .16; 26.13.07.02D(30)–(32), .13–2A(1)(d), .13–2B, 23C(1)(d).
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Federal Register date and Description of Federal requirement page Analogous State authority
(More Stringent Provisions: 26.13.04.08B (3) & (4) and 26.13.06.16B(3) &(4)). Listing of Spent Pickle Liquor (Revision Checklist 26) ..... 5/28/86, 51 FR 19320; 9/ MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & 22/86, 51 FR 33612; 8/3/ (e)(1); 87, 52 FR 28697. COMAR 26.13.02.17.
Non-HSWA Cluster III
Radioactive Mixed Waste (Non-Checklist Item MW) ...... 7/3/86, 51 FR 24504 ...... MD. Code Ann., Envir. §§ 7–201(b), (m), and (t). Liability Coverage Corporate Guarantee (Revision 7/11/86, 51 FR 25350 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(7)–(7); 7– Checklist 27). 236(a); and 7–242(a)(1); COMAR 26.13.05.08 and 26.13.06.16. Standards for Hazardous Waste Storage and Treatment 7/14/86, 51 FR 25422; 8/ MD. Code Ann., Envir. §§ 7–208(a), (e)(3), (e)(5) and Tank Systems (Revision Checklist 28). 15/86, 51 FR 29430. (e)(6); COMAR 26.13.01.03B(1), (2–1), (6–1), (10–1), (22–1), (40–1), (42–1), (47–1), (55–1), (55–2), (76–1), (78– 1), (87–1), (87–2) & (96), .04A(7); 26.13.03.05E(1)–(2); 26.13.05.02F(2)(d), .05D(2)(h), .07A(2)(c), .08, .10A(1)– (3), .10B–D, .10–1, .10–2B, .10–3, .10–4A, .10–4B intro, .10–4B(3)–(7), .10–4C–G, .10–5, .10–6., .10–7; 26.13.06.02B–E, .05A, .05B(1), .05B(3), .07A, .12A(2), .16, .18; 26.13.07.02D(19), .02D(29), .02–3(B)(3)–(12), .23C(3)(a). (More Stringent Provisions: 26.13.03.05E(1)–(2); 26.13.05.10B, .10D(1), .10D(2), .10D(4), .10D(5), .10–6A(6), .10–6A(8), .10–6A(9), .10–6B, .10–6C; and 26.13.06.18C(1)). Correction to Listing of Commercial Chemical Products 8/6/86, 51 FR 28296 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & and Appendix VIII Constituents (Revision Checklist (e)(1); 29). COMAR 26.13.02.19E, .19G and .24. Revised Manual SW-846; Amended Incorporation by 3/16/87, 52 FR 8072 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(1) and (e)(2); Reference (Revision Checklist 35). COMAR 26.13.01.05A(4). Closure/Post-Closure Care for Interim Status Surface 3/19/87, 52 FR 8704 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(6)–(7); 7– Impoundments (Revision Checklist 36). 236(a); and 7–242(a)(1); COMAR 26.13.05.11G(1) intro, .11G(1)(a)–(d)(v), .11G(2) intro, .11G(2)(a), .11G(2)(c)–(d); 26.13.06.19B(4) intro, .19B(4)(a). Definition of Solid Waste; Technical Corrections (Revi- 6/5/87, 52 FR 21306 ...... MD. Code Ann., Envir. §§ 7–201(t); and 7–208(a), sion Checklist 37). (d)(3)(i), (d)(4), (e)(1) & (e)(4)–(6); COMAR 26.13.02.19 intro; 26.13.10.01A(1)(b)&(2). Amendments to Part B Information Requirements for 6/22/87, 52 FR 23447; 9/9/ MD. Code Ann., Envir. §§ 7–207(a)(4); and 7–208(a), Land Disposal Facilities (Revision Checklist 38). 87, 52 FR 33936. (e)(3), (e)(6), (e)(7) & (e)(9)(iii); COMAR 26.13.07.02–1B(7) & .02–1D.
Non-HSWA Cluster IV
List (Phase 1) of Hazardous Constituents for Ground- 7/9/87, 52 FR 25942 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(2), (e)(5)–(7) water Monitoring (Revision Checklist 40). and (e)(9)(iii); COMAR 26.13.02.25C; 26.13.05.06–4H(2)&(3), .06–4H(4)(a), .06–5A(9) & (10); 26.13.07.02–1B(4)(b). (More Stringent Provisions: 26.13.05.06–5A(9)&(10)). Identification and Listing of Hazardous Waste (Revision 7/10/87, 52 FR 26012 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & Checklist 41). (e)(1); COMAR 26.13.02.19C. Liability Requirements for Hazardous Waste Facilities; 11/18/87, 52 FR 44314 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(6)–(7); 7– Corporate Guarantee (Revision Checklist 43). 236(a); and 7–242(a)(1); COMAR 26.13.05.08 and 26.13.06.16. Hazardous Waste Miscellaneous Units (Revision Check- 12/10/87, 52 FR 46946 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(3), & (e)(5)–(7); list 45). 7–236(a); and 7–242(a)(1); COMAR 26.13.01.03B(44)&(53); 26.13.05.02F(2)(d), .05D(2)(h), .06A(5), .07B, .07C(1)(b), .07E, .07G(1)(a)–(b), .07H(2)(a), .07H(2)(b)(i)–(ii), .08, .16–1; 26.13.07.02D(19), .02D(29), .02–9B. (More Stringent Provision: 26.13.01.03B(53)). Technical Correction; Identification and Listing of Haz- 4/22/88, 53 FR 13382 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & ardous Waste (Revision Checklist 46). (e)(1); COMAR 26.13.02.19E, .19G and .24.
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Non-HSWA Cluster V
Identification and Listing of Hazardous Waste; Treat- 7/19/88, 53 FR 27290 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(1); ability Studies Sample Exemption (Revision Checklist COMAR 26.13.01.03B(85); 26.13.02.04–4 and .04–5. 49). Hazardous Waste Management System; Standards for 9/2/88, 53 FR 34079 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(3), (e)(5) and Hazardous Waste Storage and Treatment Tank Sys- (e)(6); COMAR 26.13.01.03B(17)&(92); tems (Revision Checklist 52). 26.13.05.07E, .10A(2), .10A(3), .10–4F(3), .10–6A(1), .10–6B(3); 26.13.06.07A, .10, .12A(2), .18A. Identification and Listing of Hazardous Waste; Designa- 9/13/88, 53 FR 35412 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a), tion, Reportable Quantities, and Notification (Revision (d)(4) & (e)(1); Checklist 53). COMAR 26.13.02.17 and .23. Permit Modifications for Hazardous Waste Management 9/28/88, 53 FR 37912; 10/ MD. Code Ann, Envir. §§ 7–208(a), (d)(4) and (e)(7); Facilities (Revision Checklist 54). 24/88, 53 FR 41649. COMAR 26.13.01.03B(6–1); 26.13.05.04E(5), 07C(3)(a)(–(c), 07H(4)(a)–(c); 26.13.06.08D(7)–(10), .13F(5)–(8);’ 26.13.07.04L(2), .10, .11A, 11B(3), 13–1, .13–2, 13–3, .15C, .17A(1), .17B(11), .18D(2)–(4), .20B(3), 20B(5). (More Stringent Provisions: 26.13.07.13–2 and .20B(5)). . Statistical Methods for Evaluating Ground-water Moni- 10/11/88, 53 FR 39720 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(2) and (e)(5)– toring Data from Hazardous Waste Facilities (Revision (7); Checklist 55). COMAR 26.13.05.06B(1)(a), 06B(1)(b)(i), .06–1A, .06– 2B, .06–2C(2), .06–2J–M, .06–3, .06–4C–E, .06–4G, .06–4H (except (H)(6)), .06–4I–L, .06–5A(4)–(5), .06– 5A(7)(11), .06–5B(1), .06–5C. (More Stringent Provisions: 26.13.06–5A(9) and (10)). Identification and Listing of Hazardous Waste; Removal 10/31/88, 53 FR 43878 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & of Iron Dextran from the List of Hazardous Wastes (e)(1); (Revisions Checklist 56). COMAR 26.13.02.19G and .24. Identification and Listing of Hazardous Waste; Removal 10/31/88, 53 FR 43881 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & of Strontium Sulfide from the List of Hazardous (e)(1); Wastes (Revision Checklist 57). COMAR 26.13.02.19E and .24. Standards for Generators of Hazardous Waste; Manifest 11/8/88, 53 FR 45089 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); 7–209(b) Renewal (Revision Checklist 58). & (c); and 7–253(2); COMAR 26.13.03.04A(1). Hazardous Waste Miscellaneous Units; Standards Appli- 1/9/89; 54 FR 615 ...... MD. Code Ann., Envir. §§ 7–208(a) and (e)(7); cable to Owners and Operators (Revision Checklist COMAR 26.13.07.02D(19) and (29). 59). Amendments to Requirements for Hazardous Waste In- 1/30/89, 54 FR 4286 ...... MD. Code Ann., Envir. §§ 7–207(a)(4); and 7–208(a) & cinerator Permits (Revision Checklist 60). (e)(7); COMAR 26.13.07.17D. Changes to Interim Status Facilities for Hazardous 3/7/89, 54 FR 9596 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) & (e)(7); and Waste Management Permits; Modifications of Haz- 7–240; ardous Waste Management Permits; Procedures for COMAR 26.13.07.01A, .02C, .03–1, .13–2, .20L, .23C Post-Closure Permitting (Revision Checklist 61). (except (1)(f) and (3)(g)); .23D(2)(c)–(e). (More Stringent Provision: 26.13.07.13.2).
Non-HSWA Cluster VI
Delay of Closure Period for Hazardous Waste Manage- 8/14/89, 54 FR 33376 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(6); ment Facilities (Revision Checklist 64). COMAR 26.13.02D(1)(a), .02D(1)(c)(i), .02D(2)(c)(i), .07C(4)(b)–(e), .07D(1), .07D(2)(b)(i), .07D(3), .07D(4)(b)(ii), .07D(5), .07D(6) (except (6)(h)), .07D(7), .07D(8), .08; 26.13.06.02A, .08E(3)–(6), .09A, .09B intro, .09B(2)(a), .09D, 09E intro, .09E(2)(a), .09G, .09H intro. 09H(1)– (7), .09I–O, .16. Mining Waste Exclusion I (Revision Checklist 65) ...... 9/1/89, 54 FR 36592 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(1); COMAR 26.13.02.03A(2)(a) & (c); .03A–1, .04–1A(7), .04–1E and .04–1F. Testing and Monitoring Activities (Revision Checklist 67) 9/29/89, 54 FR 40260 ...... MD. Code Ann., Envir. §§ 7–208(a) and (e)(2); COMAR 26.13.01.05A(4) and 26.13.02.22. Changes to Part 124 Not Accounted for by Present 4/1/83, 48 FR 14146; 6/30/ MD. Code Ann., Envir. §§ 7–208(a) and (e)(7); Checklists (Revision Checklist 70). 83, 48 30113, 7/26/88, COMAR 26.13.07.20A intro, .20A(1)–(3), .20B(1), 53 FR 28118, 9/26/88, 53 .20B(3), .20B(5)–(6), .20C(3), .20G(5)(a)(iii)–(iv), FR 37396, 1/4/89, 54 FR .20I(1). 246. More Stringent Provisions: 26.13.07.20B(3) and (5)).
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Mining Waste Exclusion II (Revision Checklist 71) ...... 1/23/90, 55 FR 2322 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(1) & (e)(5); and 7–209(b)(2) & (c); COMAR 26.13.01.03B(1); 26.13.02.04–1A(7), .04–1E, .04–1F; 26.13.03.04E(6). Modifications of F019 Listing (Revision Checklist 72) ...... 2/14/90, 55 FR 5340 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.16A. Testing and Monitoring Activities; Technical Corrections 3/9/90, 55 FR 8948 ...... MD. Cod. Ann., Envir. §§ 7–208(a) and (e)(2); (Revision Checklist 73). COMAR 26.13.01.05A(4) and 26.13.02.022. Criteria for Listing Toxic Wastes; Technical Amendment 5/4/90, 55 FR 18726 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(1) and (e)(2); (Revision Checklist 76). COMAR 26.13.02.09A(3).
HSWA Cluster I
Paint Filter Test (Revision Checklist 16) ...... 4/30/85, 50 FR 18370 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(2), (e)(4) and (3)(6); COMAR 26.13.05.02D(2)(a)(vi), .02D(2)(c), .14N(2); 26.13.06.02B, .02C, .05B(1), .22F(2). Small Quantity Generators (Revisions Checklist 17A) ..... 7/15/85, 50 FR 28702 ...... MD. Code. Ann., Envir. §§ 7–205(b); 7–208(a) & (e)(5); and 7–209(c); COMAR 26.13.02.05A, .05D and .05E. Household Waste (Revision Checklist 17C) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.04–1A(1), .04–1B and 04–1C intro. Waste Minimization (Revision Checklist 17D) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–205(b); 7–208(a) & (e)(5)– (7); and 7–209(b) & (c); COMAR 26.13.03.06B(1)(d)(vi)–(viii); 26.13.05.05A(1)–(3), .05D(2)(i); 26.13.07.04J(2), .23A(1) & (3). Liquids in Landfills (Revision Checklist 17F) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(2), (e)(4) and (e)(6); COMAR 26.13.05.14N(1) and 26.13.06.22F(1). (More Stringent Provisions: 26.13.05.14N(1) and 26.13.0622F(1)). Dust Suppression (Revision Checklist 17G) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(4); and 7– 224(a); COMAR 26.13.10.01D(1)–(2) (More Stringent Provisions: 26.13.10.01D(2)). Double Liners (Revision Checklist 17H) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(3) and (e)(6); COMAR 26.13.05.11B(4), .11C(1)–(2), .11D(2), .11D(4)–(6), .12B, .14B(1), .14B(3)–(9); 26.13.06.19D–F, .20D, .22C–E. (More Stringent Provisions: 26.13.05.11D(2)). Cement Kilns (Revision Checklist 17J) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–201(t) & (v); 7–208(a), (d)(3)(i), (d)(4), (e)(1) & (e)(4)–(6); and 7–224(a); COMAR 26.13.02.06A(2)(b), .19 intro; 26.13.10.02B(3). Omnibus Provision (Revision Checklist 17O) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(6) & (3)(8); and 7–242(a)(3); COMAR 26.13.07.05B. Interim Status (Revision Checklist 17P) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(6) & (e)(7); and 7–232(a); COMAR 26.13.06.01B(1) & (4); 26.13.07.02A, 02C, .04J(2), .23A(1), .23A(3), 23D(2)(a)(i)–(ii), .23D(2)(b), .23D(2)(d), .23D(2)(e). Hazardous Waste Exports (Revision Checklist 17R) ...... 7/15/85, 50 FR 28702 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); and 7– 209(c); COMAR 26.13.03.07A(1)–(3). Listing of TDI, TDA, DNT (Revision Checklist 18) ...... 10/23/85, 50 FR 42936 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.17, .19G, .22, .23, and .24. Listing of Spent Solvents (Revision Checklist 20) ...... 12/31/85, 50 FR 53315; 1/ MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & 21/86, 51 FR 2702. (e)(1); COMAR 26.13.02.16A. Listing of EDB Waste (Revision Checklist 21) ...... 2/13/86, 51 FR 5327 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.17, .22 and .23. Listing of Four Spent Solvents (Revision Checklist 22) ... 2/25/86, 51 FR 6537 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.16A, .19G, .22, .23 and .24.
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Generators of 100 to 1000 kg Hazardous Waste (Revi- 3/24/86, 51 FR 10146 ...... MD. Code Ann., Envir. §§ 7–205(b); and 7–208(a) & sion Checklist 23). (e)(5); and 7–209(c); COMAR 26.13.02.01B(1), .05A(1)–(3), .05C–E, .19G; 26.13.05.01A(3)(d); 26.13.06.01A(4)(d); 26.13.07.01A; (More Stringent Provisions: 26.13.02.05A(1), .05C, .05D, .05E(2); 26.13.05.01A(3)(d); 26.13.06.01A(4)(d); and 26.13.07.01(A). Codification Rule; Technical Correction (Revision Check- 5/28/86, 51 FR 19176 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(2), (e)(4) and list 25). (e)(6); COMAR 26.13.06.22F(2) Standards for Hazardous Waste Storage and Treatment 7/14/86, 51 FR 25422; 8/ See the entry for Revision Checklist 28 in Non-HSWA Tank Systems (Revision Checklist 28). 15/86, 51 FR 29430. Cluster III. Biennial Report; Correction (Revision Checklist 30) ...... 8/8/86, 51 FR 28556 ...... MD. Code Ann., Envir. §§ 7–205(b); 7–208(a), (e)(5) & (e)(6); 7–209(b) & (c); and 7–253(5); COMAR 26.13.05.05F(4)(h), .05F(4)(j)–(k), .05F(5); 26.13.06.05A. Exports of Hazardous Waste (Revision Checklist 31) ..... 8/8/86, 51 FR 28664 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); and 7– 209(c); COMAR 26.13.01.03B(7–1), (17–1), (64–1), (66–1) & (81–1); 26.13.02.05D(2), .06A(3)(a)(i), .06A(3)(b)(i), .06D; 26.13.03.06B(1)(a)–(d) intro, .06B(1)(d)(iii)–(v), .06B(2) & (3), .07A (1)–(3), .07B (2)(a)–(f), .07B(3)(a)–(b), .07–1A(1)–(4), .07–1A(5) intro, .07–1A(5)(a)–(b)(vii), .07–1A(6)–(7), .07–1B, .07–2, .07–3, .07–4; 26.13.04.02A(1), .02A(3), .02A(5)(b), .02A(6)(b), .02A(7)(d)–(e). (More Stringent Provisions: 26.13.03.07–1A(1)– (5)(b)(vii), .07–1B, .07–2B, .07–2C(1)–(3) and .07– 2D(2)). Standards for Generators; Waste Minimization Certifi- 10/1/86, 51 FR 35190 ...... MD. Code Ann., Envir. §§ 7–205(b); 7–208(a) & (e)(5)– cations (Revision Checklist 32). (7); 7–209(b) & (c); and 7–253(2). Listing of EDBC (Revision Checklist 33) ...... 10/24/86, 51 FR 37725 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.17, .22 and .23.
HSWA Cluster II
Exception Reporting for Small Quantity Generators of 9/23/87, 52 FR 35984 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); and 7– Hazardous Waste (Revision Checklist 42). 209(c); COMAR 26.13.03.06C(1)–(2). (More Stringent Provi- sions: 26.13.03.06C(1)–(2)). Identification and Listing of Hazardous Waste; Technical 7/19/88, 53 FR 27162 ...... MD. Code Ann., Envir. §§ 7–205(b); 7–208(a) & (e)(5); Correction (Revision Checklist 47). and 7–209(c); COMAR 26.13.02.05C and .05D(3)(a). (More Stringent Provision: 26.13.02.05C(3)&(4). Farmer Exemption; Technical Corrections (Revision 7/19/88, 53 FR 27164 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); and 7– Checklist 48). 209(c); COMAR 26.13.03.01B(1)–(6) & .01D; 26.13.05.01A(3)(e); 26.13.06.01A(4)(e); and 26.13.07.01A. Hazardous Waste Management System; Standards for 9/2/88, 53 FR 34079 ...... See the entry for Revision Checklist 52 in Non-HSWA Hazardous Waste Storage and Treatment Tank Sys- Cluster V. tems (Revision Checklist 52). Reportable Quantity Adjustment Methyl Bromide Produc- 10/6/89, 54 FR 41402 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & tion Wastes (Revision Checklist 68). (e)(1); COMAR 26.13.02.17, .22 and .23. Reportable Quantity Adjustment (Revision Checklist 69) 12/11/89, 54 FR 50968 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (e)(1); COMAR 26.13.02.16A, .23 and .24. Toxicity Characteristic Revisions (Revision Checklist 74) 3/29/90, 55 FR 11798; 6/ MD. Code Ann., Envir. §§ 7–208(a), (e)(1) and (e)(2); 29/90, 55 FR 26986.. COMAR 26.13.02.04–1A(9), .04–1A(10)(a), .04–1A(12), .14A–B, .15B–C, .21; 26.13.05.11D(6), .14B(5)(a); 26.13.06.19D(1)–(2), .21A, .21B(1)–(2). Listing of 1,1–Dimethylhydrazine Production Wastes 5/2/90, 55 FR 18496 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & (Revision Checklist 75). (e)(1); COMAR 26.13.02.17, .22 and .23.
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RCRA Cluster I
Petroleum Refinery Primary and Secondary Oil/Water/ 11/2/90, 55 FR 46354; 12/ MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a), Solids Separation Sludge Listings (Revision 55 FR 17/90, 51707. (e)(1) & (e)(2); Checklist 81). COMAR 26.13.02.16A, .16B and .23. Toxicity Characteristic; Chlorofluorocarbon Refrigerants 2/13/91, 56 FR 5910 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(1); (Revision Checklist 84). COMAR 26.13.02.04–1A(13). Removal of Strontium Sulfide From the List of Haz- 2/25/91, 56 FR 7567 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & ardous Waste; Technical Amendment (Revision (e)(1); Checklist 86). COMAR 26.13.02.19E and .24. Revision to F037 and F038 Listings (Revision Checklist 5/13/91, 56 FR 21955 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & 89). (e)(1); COMAR 26.13.02.16A. Mining Exclusion III (Revision Checklist 90) ...... 6/13/91, 56 FR 27300 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(1); COMAR 26.13.02.04–1A(7), .04–1E–F.
RCRA Cluster II
Exports of Hazardous Waste; Technical Correction (Re- 9/4/91, 56 FR 43704 ...... MD. Code Ann., Envir. §§ 7–208(a) & (e)(5); and 7– vision Checklist 97). 209(c); COMAR 26.13.03.07–1A(6) and .07–2C(4). (More Stringent Provisions: 26.13.03.07–1A(6) and .07– 2C(4)). Amendments to Interim Status Standards for 12/23/91, 56 FR 66365 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4), (e)(2), Downgradient Ground-Water Monitoring Well Loca- (e)(5)–(7) and (e)(9)(iii); tions (Revision Checklist 99). COMAR 26.13.01.03B(65–1) and 26.13.06.06. Oil Filter Exclusion (Revision Checklist 104) ...... 5/20/92, 57 FR 21524 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(1); COMAR 26.13.02.04–1A(14)(a)–(c). Recycled Coke By-Product Exclusion (Revision Check- 6/22/92, 57 FR 27880 ...... MD. Code Ann., Envir. §§ 7–201(t); and 7–208(a), list 105). (d)(4) & (e)(1); COMAR 26.13.02.04A(8).
RCRA Cluster III
Used Oil Filter Exclusion Corrections (Revision Checklist 7/1/92, 57 FR 29220 ...... MD. Code Ann., Envir. §§ 7–208(a), (d)(4) and (e)(1); 107). COMAR 26.13.02.04–1A(14)(a)–(c). Toxicity Characteristic Revisions (Revision Checklist 7/10/92, 57 FR 30657 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(1) and (e)(2); 108). COMAR 26.13.02.04–1A(9), (10)(b); 26.13.05.14B(5)(a); and 26.13.06.22C(2). Coke By-Product Listings (Revision Checklist 110) ...... 8/18/92, 57 FR 37284 ...... MD. Code Ann., Envir. §§ 7–201(b) & (t); and 7–208(a), (d)(4) & (e)(1); COMAR 26.13.02.04A(8), .17 and .23. Consolidated Liability Requirements (Revision Checklist 9/1/88, 53 FR 33938; 7/1/ MD. Code Ann., Envir. §§ 7–208(a), (e)(6) & (e)(8); 7– 113). 91, 56 FR 30200; 9/16/ 236(a); and 7–242(a)(1); 92, 57 FR 42832. COMAR 26.13.05.08 and 26.13.06.16. (More Stringent Provisions: 26.13.05.08B(3)–(4) and 26.13.06.16B(3)–(4)). Chlorinated Toluenes Production Waste Listing (Revi- 10/15/92, 57 FR 47376 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & sion Checklist 115). (e)(1); COMAR 26.13.02.17 and .23. Toxicity Characteristic Revision; TCLP Correction (Revi- 11/24/92, 57 FR 55114; 2/ MD. Code Ann., Envir. §§ 7–208(a) and (e)(2); sion Checklist 119). 2/93 58 FR 6854. COMAR 26.13.02.21.
RCRA Cluster IV
Testing and Monitoring Activities (Revision Checklist 8/31/93, 58 FR 46040; 9/ MD. Code Ann., Envir. §§ 7–208(a) and (e)(2); 126). 14/94, 59 FR 47980. COMAR 26.13.01 .04C(4)(a)(i), .05A(4); 26.13.02.12A(1)–(2), .14A, .21, .22, .25A (Repealed); 26.13.05.10A(2), .14N(2); 26.13.06.18A & .22F(2); 26.13.07.02–6C(1)(c)–(e), .17B(3)(a)(iii)–(vi). Wastes From the Use of Chlorophenolic Formulations in 1/4/94, 59 FR 458 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a), Wood Surface Protection (Revision Checklist 128). (e)(1) & (e)(2); COMAR 26.13.01.05A(4) and 26.13.02.24. Recordkeeping Instructions; Technical Amendment (Re- 3/24/94, 59 FR 13891 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(5) and (e)(6); vision Checklist 131). COMAR 26.13.05.20B(3). Wood Surface Protection; Correction (Revision Checklist 6/2/94, 59 FR 28484 ...... MD. Code Ann., Envir. §§ 7–208(a) and (e)(2); 132). COMAR 26.13.01.05A(4). Letter of Credit and Revision (Revision Checklist 133) ... 6/10/94, 59 FR 29958 ...... MD. Code Ann., Envir. §§ 7–208(a), (e)(6) & (e)(8); 7– 236(a); 7–242(a)(1); COMAR 26.13.05.08.
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Federal Register date and Description of Federal requirement page Analogous State authority
Correction of Beryllium Powder Listing (Revision Check- 6/20/94, 59 FR 31551 ...... MD. Code Ann., Envir. §§ 7–201(b); and 7–208(a) & list 134). (e)(1); COMAR 26.13.02.19E and .24.
RCRA Cluster V
Testing and Monitoring Activities Amendment I (Revision 1/13/95, 60 FR 3089 ...... MD. Code Ann., Envir. §§ 7–208(a) and (e)(2); Checklist 139). COMAR 26.13.01.05A(4). Testing and Monitoring Activities Amendment II (Revi- 4/4/95, 60 FR 17001 ...... MD. Code Ann., Envir. §§ 7–208(a) and (e)(2); sion Checklist 141). COMAR 26.13.01.05A(4).
2. State-Initiated Changes 4. Maryland does not allow materials scope of the Federal program, and thus Maryland’s program revision contaminated with a waste identified are not part of the program being application includes State-initiated solely on the basis of ignitability to be authorized by today’s action. EPA changes that are not directly related to used for road treatment or dust cannot enforce these requirements any of the Revision Checklists in the suppression unlike the Federal program. which are broader in scope, although 5. Maryland has a complete ban on previous table. All the State-initiated compliance with these provisions is the disposal of bulk or non- changes are either (1) related to the required by Maryland law. Such containerized waste containing free adoption of a provision at 26.13.01.05 provisions include, but are not limited liquids in landfills. to the following: that makes conforming and clarification 6. Maryland prohibits underground changes to the State’s adoption by injection of hazardous waste at COMAR 1. Maryland has chosen to specifically reference of Federal regulations and 26.13.05.19 and 26.13.06.27. list as hazardous waste materials that statutes, (2) related to general 7. Maryland provides for two are not listed in the Federal regulations. renumbering with conforming changes classifications of permit modifications These wastes are identified with the that do not impact equivalency, or (3) rather than the three categories in the following waste codes: K067, K068, related to the extension of the maximum Federal regulations. For similar levels of K122, K133, K134, K991, K992, K993, duration of a permit from three to five permit modifications, the State requires K994, K995, K996, K997, K998, K999, years. The State-initiated changes a higher degree of public involvement M001, MT01, MX01, MD01, and MD02. include the following provisions of the and agency approval. 2. Maryland does not have an analog State’s program: COMAR 26.13.01.05B, A number of Maryland’s regulations to the Federal provision at 40 CFR 26.13.01.05C, 26.13.07.02E, are not being authorized by today’s 261.6(a)(3)(vii) which exempts from 26.13.07.02–1 through 26.13.07.02–10, actions. A full description of the State’s regulation coke and coal tar waste and 26.13.07.06A. provisions that MDE is not being (K087) from the iron and steel industries H. Where Are the Revised State Rules authorized for can be found in the when it is recycled. State’s application. Some of these Different From the Federal Rules? 3. The State operates a certification provisions include, but are not limited program for hazardous waste haulers, EPA considers several Maryland to, the following: requirements to be more stringent than 1. Maryland has adopted rules drivers domiciled in Maryland, and the Federal requirements. These addressing the wood preserving listings vehicles. requirements are part of the State’s (F032, F034, and F035) at COMAR I. Who Handles Permits After the authorized program and are Federally 26.13.02.04A(9), .16A, .16C, .23, and Authorization Takes Effect? enforceable. The specific more stringent .24, as well as the requirements for drip provisions are noted in the above table pads at COMAR 26.13.01.03B(16–1); After authorization, Maryland will and in Maryland’s authorization 26.13.03.05E(1)(b)(iii) & .05E(1)(l); issue permits covering all the provisions application and include, but are not 26.13.05.10A(5) & .17–1 through 17–4; for which it is authorized and will limited to, the following: 26.13.06.26; and 26.13.07.02–11. administer the permits it issues. EPA 1. Unlike the Federal program, However, Maryland is not seeking will continue to administer any RCRA Maryland does not have reduced authorization at this time for these hazardous waste permits or portions of requirements for generators who regulations. permits which we issued prior to the generate 100 kg to 1000 kg of hazardous 2. Maryland has adopted rules effective date of this authorization until waste in a calendar month. In addition, addressing the dioxin listings (F020, the timing and process for effective the State has more stringent F021, F022, F023, F026, F027, and transfer to the State are mutually agreed requirements for generators using tanks F028) at COMAR 26.13.02.05E(6)(a), upon. Until such time as formal transfer for accumulation. .15E(1), .16A, .19, .23, and .24, as well of EPA permit responsibility to the State 2. Maryland subjects transporters of as special requirements for facilities occurs and EPA terminates its permit, recyclable materials utilized for handling these wastes at COMAR EPA and the State agree to coordinate precious metal recovery to full 26.13.05.09H(5), .11K, .12J, .13N, .14P & the administration of permits in order to regulation as transporters under .16F(1)(b); COMAR 26.13.06.01A(6), maintain consistency. We will not issue COMAR 26.13.04. .23C & .24B(1); and COMAR any more new permits or new portions 3. Maryland does not allow the 26.13.07.02–4B(17), .02–5B(10), .02– of permits for the provisions listed in financial test or corporate guarantee in 7B(7) & .02–8B(8). Again, Maryland is the Chart above after the effective date 40 CFR 264.143(f), 264.145(f), not seeking authorization at this time for of this authorization. EPA will continue 265.143(e), or 265.145(e) to be used to these regulations. to implement and issue permits for establish financial assurance for closure Maryland’s regulations contain HSWA requirements for which or post-closure care. several requirements that go beyond the Maryland is not yet authorized.
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J. How Does Today’s Action Affect make decisions based on environmental 7004(b) of the Solid Waste Disposal Act, as Indian Country (18 U.S.C. 115) in health or safety risks. amended, 42 U.S.C. 6912(a), 6926, 6974(b). Maryland? Under RCRA 3006(b), EPA grants a Dated: January 17, 2001. State’s application for authorization as Maryland is not seeking authority to Bradley M. Campbell, long as the State meets the criteria operate the program on Indian lands, Regional Administrator, EPA Region III. required by RCRA. It would thus be since there are no Federally-recognized [FR Doc. 01–13778 Filed 5–31–01; 8:45 am] inconsistent with applicable law for Indian Lands in the State. BILLING CODE 6560–50–U EPA, when it reviews a State K. What Is Codification and Is EPA authorization application, to require the Codifying Maryland’s Hazardous Waste use of any particular voluntary Program as Authorized in This Rule? consensus standard in place of another FEDERAL COMMUNICATIONS standard that otherwise satisfies the COMMISSION Codification is the process of placing requirements of RCRA. Thus, the the State’s statutes and regulations that 47 CFR Parts 1, 2, 87, and 101 requirements of section 12(d) of the comprise the State’s authorized National Technology Transfer and [WT Docket No. 99–327, FCC 01–151] hazardous waste program into the Code Advancement Act of 1995 (15 U.S.C. of Federal Regulations. We do this by 272 note) do not apply. As required by 24 GHz Service; Licensing and referencing the authorized State rules in section 3 of Executive Order 12988 (61 Operation 40 CFR part 272. We reserve the F.R. 4729, February 7, 1996), in issuing amendment of 40 CFR 272, subpart V, AGENCY: Federal Communications this rule, EPA has taken the necessary Commission. for this authorization of Maryland’s steps to eliminate drafting errors and ACTION: program changes until a later date. ambiguity, minimize potential litigation, Final rule; petitions for reconsideration. L. Administrative Requirements and provide a clear legal standard for affected conduct. EPA has complied The Office of Management and Budget SUMMARY: This document responds to with Executive Order 12630 (53 F.R. has exempted this action from the two petitions for reconsideration of a 8859, March 15, 1988) by examining the requirements of Executive Order 12866 previous decision to license the 24 GHz takings implications of the rule in (58 FR 51735, October 4, 1993), and, band by Economic Area (EA). Both accordance with the Attorney General’s therefore, this action is not subject to petitions asked us to consider licensing ‘‘Supplemental Guidelines for the the 24.25–24.45 GHz and 25.05–25.25 review by OMB. This action authorizes Evaluation of Risk and Avoidance of state requirements for the purpose of GHz band (24 GHz band) by smaller Unanticipated Takings’’ issued under geographic areas, such as Metropolitan RCRA 3006 and imposes no additional the executive order. This rule does not requirements beyond those imposed by Statistical Areas (MSA) and Rural impose an information collection Statistical Areas (RSA). In this state law. Accordingly, I certify that this burden under the provisions of the action will not have a significant document we deny these petitions Paperwork Reduction Act of 1995 (44 because we believe that licensing the 24 economic impact on a substantial U.S.C. 3501 et seq.). number of small entities under the GHz band by EA not only offers The Congressional Review Act, 5 economies of scale, but also serves a Regulatory Flexibility Act (5 U.S.C. 601 U.S.C. 801 et seq., as added by the Small wider range of entities, including both et seq.). Because this action authorizes Business Regulatory Enforcement large and small service providers. We pre-existing requirements under state Fairness Act of 1996, generally provides further believe that our adoption of a law and does not impose any additional that before a rule may take effect, the three-tiered approach to bidding credits enforceable duty beyond that required agency promulgating the rule must will enable small entities to participate by state law, it does not contain any submit a rule report, which includes a in the auction. Also, we believe that our unfunded mandate or significantly or copy of the rule, to each House of the partitioning and disaggregation rules uniquely affect small governments, as Congress and to the Comptroller General will further assist small and rural described in the Unfunded Mandates of the United States. EPA will submit a entities. This document terminates this Reform Act of 1995 (Public Law 104–4). report containing this document and For the same reason, this action also other required information to the U.S. proceeding. does not significantly or uniquely affect Senate, the U.S. House of FOR FURTHER INFORMATION CONTACT: the communities of tribal governments, Representatives, and the Comptroller Nancy M. Zaczek, Wireless as specified by Executive Order 13084 General of the United States prior to Telecommunications Bureau, Public (63 FR 27655, May 10, 1998). This publication in the Federal Register. A Safety and Private Wireless Division, at action will not have substantial direct major rule cannot take effect until 60 (202) 418–7590. effects on the States, on the relationship days after it is published in the Federal SUPPLEMENTARY INFORMATION: This is a between the national government and Register. This action is not a ‘‘major summary of the Commission’s Order on the States, or on the distribution of rule’’ as defined by 5 U.S.C. 804(2). This Reconsideration in WT Docket 99–327, power and responsibilities among the action will be effective July 31, 2001. FCC 01–151, adopted May 2, 2001 and various levels of government, as released May 17, 2001. The full text is specified in Executive Order 13132 (64 List of Subjects in 40 CFR Part 271 also available for inspection and FR 43255, August 10, 1999), because it Environmental protection, copying during normal business hours merely authorizes state requirements as Administrative practice and procedure, in the FCC Reference Information Center part of the State RCRA hazardous waste Confidential business information, (Courtyard level), 445 12th Street, SW., program without altering the Hazardous waste, Hazardous waste Washington DC 20554, and also may be relationship or the distribution of power transportation, Indian lands, purchased from the Commission’s copy and responsibilities established by Intergovernmental relations, Penalties, contractor, International Transcription RCRA. This action also is not subject to Reporting and recordkeeping Services (ITS Inc.), (202) 857–3800, 445 Executive Order 13045 (62 FR 19885, requirements. 12th Street, SW., CY–B400, Washington April 23, 1997), because it is not Authority: This action is issued under the DC 20054. The full text of the Order on economically significant and it does not authority of sections 2002(a), 3006 and Reconsideration may also be
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downloaded at http://www.fcc.gov/ misplaced and unworkable because of however, that licensing the 24 GHz band Bureaus/Wireless/Orders/2001/FCC–01– the costs involved and the reluctance of by EAs strikes the best balance among 151A1.doc. license holders to carve out portions of its various policy objectives for the 24 their licenses for rural carriers. The GHz band. The Commission believes Synopsis of Order on Reconsideration Commission notes that none of their that by adopting EA licenses for the 24 1. This Order on Reconsideration comments specifically relate to the 24 GHz band, it has achieved a means of (Order) denies two petitions for GHz band. Thus, the Commission providing service to rural areas while reconsideration of the Report and Order concludes that it is more appropriate to ensuring that the 24 GHz spectrum is in this proceeding (65 FR 59350, address SBA’s and RTG’s concerns in put to the highest and best use. October 5, 2000) regarding licensing the the context of the Secondary Markets Ordering Clauses 24 GHz band by 176 EAs. In the Report proceeding, initiated by our Notice of and Order, the Commission decided to Proposed Rulemaking (65 FR 81475, 7. Accordingly, It is Ordered that license the 24 GHz band by EAs because December 26, 2000) seeking comment pursuant to section 4(i) and 405 of the EAs not only offer economies of scale, on possible changes to our rules and Communications Act of 1934, 47 U.S.C. but also serve the needs of a wider range policies allowing greater flexibility 154(i), 405, and § 1.429 of the of entities, including both large and through ‘‘spectrum leasing.’’ Commission’s rules, 47 CFR 1.429, the small service providers. Also, the 5. RTG maintains that licensing by EA Petitions for Reconsideration filed by Commission decided to adopt a three- would guarantee that rural areas of the the Office of Advocacy of the Small tiered approach to bidding credits, country would not see the benefits of 24 Business Administration and the Rural under which very small businesses GHz service because licensees would be Telecommunications Group are denied. receive a 35 percent bidding credit, able to meet the substantial service 8. It is Further Ordered, pursuant to small businesses a 25 percent bidding standard by serving the urban area section 4(i) of the Communications Act credit, and entrepreneurs a 15 percent within the EA. Instead of the substantial of 1934, 47 U.S.C. 154(i), that the bidding credit. service standard, RTG recommends that Commission’s Consumer Information 2. The Rural Telecommunications the Commission require licensees to Bureau, Reference Information Center, Group (RTG) and the Office of Advocacy provide service to one-third of the Shall Send a copy of the Order on of the Small Business Administration population within five years and two- Reconsideration to the Chief Counsel for (SBA) filed petitions for reconsideration thirds of the population within ten Advocacy of the Small Business objecting to licensing the 24 GHz band years. In the alternative, RTG Administration. by EA. SBA and RTG maintained that recommends the Commission adopt a 9. It is Further Ordered that this EAs are too large and, therefore fill-in policy in which, at the time of proceeding Is Terminated. unaffordable, for either small businesses renewal, any party can apply for and Federal Communications Commission. or rural telephone companies to provide service to any area in which the Magalie Roman Salas, participate at auction. Both RTG and original licensee is not providing Secretary. SBA recommend that the Commission service. The Commission has already [FR Doc. 01–13717 Filed 5–31–01; 8:45 am] instead license the 24 GHz band by considered and rejected using minimum BILLING CODE 6712–01–U MSA and RSA, which are smaller than coverage requirements to establish EAs and would result in licensing rural substantial service, and RTG has areas separately from urban areas. In reiterated the position it took earlier in FEDERAL COMMUNICATIONS contrast, EAs encompass both urban and the proceeding at the Notice of Proposed COMMISSION rural areas. Rulemaking stage without presenting 3. Contrary to the position of RTG and any new information on this issue. 47 CFR Part 73 SBA on this issue, the Commission Consequently, the Commission affirms believes, based on its experience with [DA 01–1271, MM Docket No. 01–53, RM– its prior decision in the Report and 10040] the 39 GHz auction, that licensing the Order that the substantial service 24 GHz band by EAs will not discourage standard, in lieu of specific service Television Broadcast Service; small businesses from participating at requirements, best serves the public Galesburg, IL the 24 GHz auction. The 39 GHz auction interest. The Commission concludes used EA-based service areas. In that that this approach is consistent with the AGENCY: Federal Communications auction, small and very small approach used in other wireless services Commission. businesses successfully bid for 849 and is sufficiently flexible to foster ACTION: Final rule. licenses, or almost 40 percent of the expeditious development and SUMMARY: licenses sold. In the 24 GHz auction, deployment of systems. The Commission, at the bidding credits will be made available 6. With regard to providing service to request of Northwest Television, Inc., to small businesses. Moreover, rural rural areas, the Commission recognizes substitutes TV channel 53 for TV telephone companies were successful at that section 309(j)(4)(B) of the channel 67 at Galesburg, Illinois. See 66 the 39 GHz auction. All six qualified Telecommunications Act of 1934, as FR 12922, March 1, 2001. TV channel bidders that identified themselves in amended, stresses the need for the 53 can be allotted to Galesburg with a their short-form applications as rural Commission to encourage the rapid zero offset in compliance with the telephone companies were successful in deployment of services to rural areas principle community coverage winning licenses, for a total of 52 and to promulgate performance requirements of Section 73.610 and with licenses. We conclude that licensing the requirements that ensure prompt the criteria set forth in the 24 GHz band by EA will not discourage delivery of service to rural areas. In Commission’s Public Notice released on either small businesses or rural addition, the Commission notes that the November 22, 1999, DA 99–2605. The telephone companies from participating statute includes ‘‘rural telephone coordinates for channel 53 at Galesburg in the 24 GHz auction. companies’’ among the wide variety of are (41–18–45 N and 90–22–45 W. 4. RTG and SBA maintain that the applicants to which the Commission is With this action, this proceeding is Commission’s reliance on post-auction to disseminate licenses. The terminated. partitioning and disaggregation is Commission continues to believe, DATES: Effective July 9, 2001.
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FOR FURTHER INFORMATION CONTACT: Pam W.) with a power of 30.0, HAAT of 165 ACTION: Final rule. Blumenthal, Mass Media Bureau, (202) meters and with a DTV service 418–1600. population of 958 thousand. Since the SUMMARY: The Commission, at the SUPPLEMENTARY INFORMATION: This is a community of Lima is located within request of Arkansas Educational synopsis of the Commission’s Report 400 kilometers of the U.S.-Canadian Television Commission, licensee of and Order, MM Docket No. 01–53, border, concurrence by the Canadian noncommercial educational station adopted May 24, 2001, and released government has been obtained for this KETS(TV), substitutes DTV channel *5 May 25, 2001. The full text of this allotment. With this action, this for DTV channel *47 at Little Rock, Commission decision is available for proceeding is terminated. Arkansas. See 66 FR 12750, February inspection and copying during normal DATES: Effective July 9, 2001. 28, 2001. DTV channel *5 can be business hours in the FCC Reference FOR FURTHER INFORMATION CONTACT: Pam allotted to Little Rock in compliance Center 445 12th Street, SW., Blumenthal, Mass Media Bureau, (202) with the principle community coverage Washington, DC. The complete text of 418–1600. requirements of Section 73.625(a) at this decision may also be purchased reference coordinates (34–28–23 N. and SUPPLEMENTARY INFORMATION: This is a from the Commission’s copy contractor, synopsis of the Commission’s Report 92–12–11 W.) with a power of 2.1, International Transcription Services, and Order, MM Docket No. 01–51, HAAT of 540.1 meters and with a DTV Inc., (202) 857–3800, 1231 20th Street, adopted May 23, 2001, and released service population of 848 thousand. NW., Washington, DC 20036. May 25, 2001. The full text of this With this action, this proceeding is List of Subjects in 47 CFR Part 73 Commission decision is available for terminated. Television broadcasting. inspection and copying during normal business hours in the FCC Reference DATES: Effective July 9, 2001. Part 73 of Title 47 of the Code of Center, 445 12th Street, SW., Federal Regulations is amended as FOR FURTHER INFORMATION CONTACT: Pam Washington, DC. The complete text of follows: Blumenthal, Mass Media Bureau, (202) this decision may also be purchased 418–1600. PART 73—[AMENDED] from the Commission’s copy contractor, International Transcription Services, SUPPLEMENTARY INFORMATION: This is a 1. The authority citation for Part 73 Inc., (202) 857–3800, 1231 20th Street, synopsis of the Commission’s Report continues to read as follows: NW., Washington, DC 20036. and Order, MM Docket No. 01–50, adopted May 23, 2001, and released Authority: 47 U.S.C. 154, 303, 334, 336. List of Subjects in 47 CFR Part 73 May 25, 2001. The full text of this § 73.606 [Amended] Television, Digital television Commission decision is available for 2. Section 73.606(b), the Table of broadcasting. inspection and copying during normal Television Allotments under Illinois, is Part 73 of Title 47 of the Code of business hours in the FCC Reference amended by removing TV channel 67 Federal Regulations is amended as Center 445 12th Street, SW., and adding TV channel 53 at Galesburg. follows: Washington, DC. The complete text of this decision may also be purchased Federal Communications Commission. PART 73—[AMENDED] from the Commission’s copy contractor, Barbara A. Kreisman, International Transcription Services, Chief, Video Services Division, Mass Media 1. The authority citation for Part 73 Inc., (202) 857–3800, 1231 20th Street, Bureau. continues to read as follows: NW., Washington, DC 20036. [FR Doc. 01–13713 Filed 5–31–01; 8:45 am] Authority: 47 U.S.C. 154, 303, 334, 336. List of Subjects in 47 CFR Part 73 BILLING CODE 6712–01–U § 73.622 [Amended] Television, Digital television 2. Section 73.622(b), the Table of broadcasting. FEDERAL COMMUNICATIONS Digital Television Allotments under COMMISSION Ohio, is amended by removing DTV Part 73 of Title 47 of the Code of channel 20 and adding DTV channel 8 Federal Regulations is amended as 47 CFR Part 73 at Lima. follows: [DA 01–1262, MM Docket No. 01–51, RM– Federal Communications Commission. 10007] PART 73—[AMENDED] Barbara A. Kreisman, Digital Television Broadcast Service; Chief, Video Services Division, Mass Media 1. The authority citation for Part 73 Lima, OH Bureau. continues to read as follows: [FR Doc. 01–13712 Filed 5–31–01; 8:45 am] AGENCY: Federal Communications Authority: 47 U.S.C. 154, 303, 334, 336. BILLING CODE 6712–01–U Commission. § 73.622 [Amended] ACTION: Final rule. FEDERAL COMMUNICATIONS 2. Section 73.622(b), the Table of SUMMARY: The Commission, at the COMMISSION Digital Television Allotments under request of Lima Communications Arkansas, is amended by removing DTV Corporation, licensee of station 47 CFR Part 73 channel *47 and adding DTV channel WLIO(TV), substitutes DTV channel 8 *5 at Little Rock. for DTV channel 20 at Lima, Ohio. See [DA 01–1261, MM Docket No. 01–50, RM– 66 FR 12749, February 28, 2001. DTV 10059] Federal Communications Commission. Barbara A. Kreisman, channel 8 can be allotted to Lima in Digital Television Broadcast Service; Chief, Video Services Division, Mass Media compliance with the principle Little Rock, AR community coverage requirements of Bureau. section 73.625(a) at reference AGENCY: Federal Communications [FR Doc. 01–13711 Filed 5–31–01; 8:45 am] coordinates (40–44–54 N. and 84–07–55 Commission. BILLING CODE 6712–01–U
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FEDERAL COMMUNICATIONS Federal Communications Commission. § 73.622 [Amended] COMMISSION Barbara A. Kreisman, 2. Section 73.622(b), the Table of Chief, Video Services Division, Mass Media Digital Television Allotments under 47 CFR Part 73 Bureau. Texas, is amended by removing DTV [DA 01–1260, MM Docket No. 01–49, RM– [FR Doc. 01–13710 Filed 5–31–01; 8:45 am] channel 50 and adding DTV channel 9 10032] BILLING CODE 6712–01–U at Temple. Digital Television Broadcast Service; Federal Communications Commission. Atlantic City, NJ FEDERAL COMMUNICATIONS Barbara A. Kreisman, COMMISSION Chief, Video Services Division, Mass Media AGENCY: Federal Communications Bureau. Commission. 47 CFR Part 73 [FR Doc. 01–13709 Filed 5–31–01; 8:45 am] ACTION: Final rule. [DA 01–1259, MM Docket No. 01–46, RM– BILLING CODE 6712–01–P SUMMARY: The Commission, at the 10046] request of Lenfest Broadcasting, LLC, Digital Television Broadcast Service; FEDERAL COMMUNICATIONS licensee of station WWAC–TV, Temple, TX COMMISSION substitutes DTV channel 44 for DTV channel 50 at Atlantic City, New Jersey. AGENCY: Federal Communications 47 CFR Part 73 See 66 FR 12750, February 28, 2001. Commission. DTV channel 44 can be allotted to ACTION: Final rule. [DA 01–1272, MM Docket No. 99–269, RM– Atlantic City in compliance with the 9698] principle community coverage SUMMARY: The Commission, at the requirements of Section 73.625(a) at request of Channel 6, Inc., licensee of Digital Television Broadcast Service; reference coordinates (39–55–06 N. and station KCEN–TV, substitutes DTV Salinas, CA channel 9 for DTV channel 50 at 75–02–44 W.) with a power of 200, AGENCY: Federal Communications Temple, Texas. See 66 FR 12747, HAAT of 208 meters and with a DTV Commission. service population of 4890 thousand. February 28, 2001. DTV channel 9 can ACTION: With this action, this proceeding is be allotted to Temple in compliance Final rule. terminated. with the principle community coverage SUMMARY: The Commission, at the requirements of Section 73.625(a) at DATES: Effective July 9, 2001. request of Hearst-Argyle Stations, Inc., reference coordinates (31–16–24 N. and FOR FURTHER INFORMATION CONTACT: Pam licensee of station KSBW(TV), 97–13–14 W.) with a power of 7.5, Blumenthal, Mass Media Bureau, (202) substitutes DTV channel 10 for DTV HAAT of 573 meters and with a DTV 418–1600. channel 43 at Salinas, California. See 64 service population of 693 thousand. SUPPLEMENTARY INFORMATION: This is a FR 45500, August 20, 1999. DTV With this action, this proceeding is channel 10 can be allotted to Salinas in synopsis of the Commission’s Report terminated. and Order, MM Docket No. 01–49, compliance with the principle adopted May 23, 2001, and released DATES: Effective July 9, 2001. community coverage requirements of May 25, 2001. The full text of this FOR FURTHER INFORMATION CONTACT: Pam Section 73.625(a) at reference Commission decision is available for Blumenthal, Mass Media Bureau, (202) coordinates (36–45–23 N. and 121–30– inspection and copying during normal 418–1600. 05 W.) with a power of 24.2, HAAT of business hours in the FCC Reference SUPPLEMENTARY INFORMATION: This is a 692 meters and with a DTV service Center 445 12th Street, SW., synopsis of the Commission’s Report population of 1848 thousand. Washington, DC. The complete text of and Order, MM Docket No. 01–46, With this action, this proceeding is this decision may also be purchased adopted May 23, 2001, and released terminated. from the Commission’s copy contractor, May 25, 2001. The full text of this DATES: Effective July 9, 2001. Commission decision is available for International Transcription Services, FOR FURTHER INFORMATION CONTACT: Pam Inc., (202) 857–3800, 1231 20th Street, inspection and copying during normal Blumenthal, Mass Media Bureau, (202) NW., Washington, DC 20036. business hours in the FCC Reference 418–1600. Center, 445 12th Street, SW., List of Subjects in 47 CFR Part 73 Washington, DC. The complete text of SUPPLEMENTARY INFORMATION: This is a Television, Digital television this decision may also be purchased synopsis of the Commission’s Report broadcasting. from the Commission’s copy contractor, and Order, MM Docket No. 99–269, Part 73 of Title 47 of the Code of International Transcription Services, adopted May 24, 2001, and released Federal Regulations is amended as Inc., (202) 857–3800, 1231 20th Street, May 25, 2001. The full text of this follows: NW., Washington, DC 20036. Commission decision is available for inspection and copying during normal PART 73—[AMENDED] List of Subjects in 47 CFR Part 73 business hours in the FCC Reference Television, Digital television Center, 445 12th Street, SW., 1. The authority citation for Part 73 broadcasting. Washington, DC. The complete text of continues to read as follows: Part 73 of Title 47 of the Code of this decision may also be purchased Authority: 47 U.S.C. 154, 303, 334, 336. Federal Regulations is amended as from the Commission’s copy contractor, follows: International Transcription Services, § 73.622 [Amended] Inc., (202) 857–3800, 1231 20th Street, 2. Section 73.622(b), the Table of PART 73—[AMENDED] NW., Washington, DC 20036. Digital Television Allotments under New Jersey, is amended by removing 1. The authority citation for Part 73 List of Subjects in 47 CFR Part 73 DTV channel 50 and adding DTV continues to read as follows: Television, Digital television channel 44 at Atlantic City. Authority: 47 U.S.C. 154, 303, 334, 336. broadcasting.
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Part 73 of Title 47 of the Code of (Room CY–A257), 445 12th Street, S.W., contractors to obtain from the NASA IG Federal Regulations is amended as Washington, DC 20554. The complete ‘‘hotline posters’’ and to post them in follows: text of this decision also may be facilities where and when work is purchased from the Commission’s copy performed on an applicable NASA PART 73—[AMENDED] contractor, International Transcription contract. By waiver from Part 12, NASA 1. The authority citation for part 73 Service, (202) 857–3800, 1231 20th might also impose this requirement on continues to read as follows: Street, N.W., Washington, DC 20036, a case-by-case basis in contracts for commercial items when unusual List of Subjects in 47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 334, 336. circumstances warrant. An example of § 73.622 [Amended] Radio broadcasting. such circumstances might include procurements involving extraordinary 2. Section 73.622(b), the Table of PART 73—RADIO BROADCAST concerns about the safety of human life. Digital Television Allotments under SERVICES California, is amended by removing A proposed rule was published in the 1. The authority citation for part 73 DTV channel 43 and adding DTV Federal Register on May 22, 2000, (65 reads continues to read as follows: channel 10 at Salinas. FR 32069—32070). NASA received one Authority: Sections 47 U.S.C. 154, 303, comment. The commenter Federal Communications Commission. 334, and 336. recommended that NASA conform to Barbara A. Kreisman, DoD by exempting contractors having an Chief, Video Services Division, Mass Media § 73.202 [Amended] established internal reporting Bureau. 2. Section 73.202(b), the Table of FM mechanism and program. NASA’s IG [FR Doc. 01–13708 Filed 5–31–01; 8:45 am] Allotments, under Montana, is amended believes employees of NASA contractors BILLING CODE 6712–01–P by adding Bigfork, Channel 264C. should have an independent avenue to 3. Section 73.202(b), the Table of FM report violations. In its view, the Allotments, under Idaho, is amended by existence of an internal reporting FEDERAL COMMUNICATIONS removing Channel 264C at Wallace. mechanism does not assure employees COMMISSION Federal Communications Commission. would report illegal activities seen on the job. Therefore, no changes are being 47 CFR Part 73 John A. Karousos, Chief, Allocations Branch, Policy and Rules made as a result of this comment. The [DA 01–1200; MM Docket No. 98–159, RM– Division, Mass Media Bureau. proposed rule is being adopted as final 9290] [FR Doc. 01–13714 Filed 5–31–01; 8:45 am] with a change to section 1803.7001 to BILLING CODE 6712–01–P change the word ‘‘provision’’ to FM Broadcasting Services; Wallace, ID ‘‘clause’’. and Bigfork, MT B. Regulatory Flexibility Act AGENCY: Federal Communications NATIONAL AERONAUTICS AND Commission SPACE ADMINISTRATION NASA certifies that this rule will not ACTION: Final rule. have a significant economic impact on 48 CFR Parts 1803 and 1852 a substantial number of small business SUMMARY: The Commission, at the entities under the Regulatory Flexibility request of Alpine Broadcasting Limited NASA Inspector General Hotline Act (5 U.S.C. 601 et seq.) because it only Partnership, substitutes Channel 264C Posters affects small business entities with (100.7 MHz) for Channel 264C2 at AGENCY: National Aeronautics and contracts exceeding $5,000,000 and the Wallace, Idaho, reallots Channel 264C Space Administration (NASA). NASA Office of Inspector General will from Wallace to Bigfork, Montana, and provide the posters at no direct cost to ACTION: Final rule. modifies Station KSIL(FM)’s license to contractors. specify Bigfork as the new community SUMMARY: This is a final rule that C. Paperwork Reduction Act of license. See Notice of Proposed amends the NASA FAR Supplement Rulemaking, 63 FR 49,323, published (NFS) to require NASA contractors to The Paperwork Reduction Act does September 15, 1998. Channel 264C can display ‘‘hotline posters’’ on contracts not apply because this final rule does be reallotted to Bigfork in compliance exceeding $5,000,000 and performed at not impose any recordkeeping or with the Commission’s minimum contractor facilities in the United States. information collection requirements that distance separation requirements at a EFFECTIVE DATE: June 1, 2001. require the approval of the Office of ° ′ ″ site located at North Latitude 48 02 45 Management and Budget under 44 ° ′ ″ FOR FURTHER INFORMATION CONTACT: Paul and West Longitude 114 22 00 and Brundage, NASA Headquarters, Office U.S.C. 3501, et seq. restricted to 26.8 kilometers (16.7 miles) of Procurement, Contract Management Lists of Subjects in 48 CFR Parts 1803 east of Bigfork. Division (Code HK), Washington, DC and 1852 DATES: Effective June 25, 2001. 20546–0001, (202) 358-0481, e-mail: FOR FURTHER INFORMATION CONTACT: J. [email protected]. Government procurement. Bertron Withers, Jr., Mass Media SUPPLEMENTARY INFORMATION: Bureau, (202) 418–2180. Tom Luedtke, SUPPLEMENTARY INFORMATION: This is a A. Background Associate Administrator for Procurement. synopsis of the Commission’s Report NASA’s Office of Inspector General Accordingly, 48 CFR Parts 1803 and and Order, MM Docket 98–159, adopted (IG) requested that NASA contractors be 1852 are amended as follows: May 2, 2001, and released May 11, 2001. required to display ‘‘hotline posters’’ in The full text of this Commission contractor facilities performing work on 1. The authority citation for 48 CFR decision is available for inspection and some NASA contracts. Foreign contracts Parts 1803 and 1852 continues to read copying during normal business hours and contracts less than $5,000,000 are as follows: in the Commission’s Reference Center exempt. This final rule requires Authority: 42 U.S.C. 2473(c)(1).
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PART 1803—IMPROPER BUSINESS under the Defense Priorities and PART 1811—DESCRIBING AGENCY PRACTICES AND PERSONAL Allocations System (DPAS) regulation is NEEDS CONFLICTS OF INTEREST not required unless the acquisition is in support of one of the Schedule I 2. In section 1811.602, amend 2. Add Subpart 1803.70 to read as approved programs of the DPAS. paragraph (c) by deleting ‘‘(Code HS)’’ follows: EFFECTIVE DATE: June 1, 2001. and adding ‘‘(Code HK)’’ in its place. Subpart 1803.70—IG Hotline Posters FOR FURTHER INFORMATION CONTACT: Jeff 3. Revise section 1811.603 to read as 1803.7000 Policy. Cullen, NASA Headquarters, Office of follows: 1803.7001 Contract clause. Procurement, Contract Management 1811.603 Procedures. Division (Code HK), (202) 358–1784, e- Subpart 1803.70—IG Hotline Posters mail: [email protected]. (NASA supplements paragraphs (e) and (g).) 1803.7000 Policy. SUPPLEMENTARY INFORMATION: (e)(i) Rated orders may be used by NASA requires contractors to display A. Background NASA only as provided in Section NASA hotline posters prepared by the Currently, most NASA contracts 700.17 of the DPAS (15 CFR 700.17) and NASA Office of Inspector General on receive DPAS ratings. This final rule subject to the limitations provided in those contracts specified in 1803.7001, provides that contracts will receive Section 700.18 of the DPAS (15 CFR so that employees of the contractor ratings only if they are in support of one 700.18). Priority ratings are assigned on having knowledge of waste, fraud, or of the approved programs in DPAS individual contracts and purchase abuse, can readily identify a means to Schedule I. This change was published orders by the contracting officer. contact NASA’s IG. as a proposed rule in the Federal (ii) NASA rated orders may only be assigned a DO rating, unless NASA has 1803.7001 Contract clause. Register on September 20, 2000 (65 FR 56859–56860). Comments were received obtained a DX rating from the Contracting officers must insert the Department of Defense. clause at 1852.203–70, Display of from the Office of Strategic Industries and Economic Security, U.S. (iii) The following program Inspector General Hotline Posters, in identification symbols may be used on solicitations and contracts expected to Department of Commerce. These comments were considered in the NASA rated contracts and purchase exceed $5,000,000 and performed at development of the final rule. In orders for equipment and services that contractor facilities in the United States. response to comments, section support authorized programs (see Schedule I of the DPAS): PART 1852—SOLICITATION 1811.603(e) was changed to provide statutory references covering exceptions A1—Aircraft PROVISIONS AND CONTRACT A2—Missiles CLAUSES to the rating system rather than a detailed listing of these exceptions. A3—Ships A5—Weapons 3. Add section 1852.203–70 to read as Additionally, the proposed rule unintentionally indicated that section A6—Ammunition follows: A7—Electronic and Communications 1811.602 was proposed for deletion. Equipment 1852.203–70 Display of Inspector General This error is corrected in this final rule Hotline Posters. B1—Military Building Supplies and an editorial change is made to an B8—Production Equipment (For As prescribed in 1803.7001, insert the organizational code within this section. following clause: Contractor’s Account) B. Regulatory Flexibility Act B9—Production Equipment Display of Inspector General Hotline Posters NASA certifies that this rule will not (Government-Owned) June 2001 C2—Construction have a significant economic impact on (a) The Contractor shall display C3—Maintenance, Repair, and a substantial number of small business prominently in common work areas within Operating Supplies for Facilities business segments performing work under entities within the meaning of the C9—Miscellaneous/Other Regulatory Flexibility Act (5 USC 601, this contract, Inspector General Hotline (g) Installation requests for assistance Posters available under paragraph (b) of this et. seq.), because it does not impose any clause. new requirements on offerors or shall be directed to the Headquarters (b) Inspector General Hotline Posters may contractors. Office of Procurement (Code HK). be obtained from NASA Office of Inspector [FR Doc. 01–13809 Filed 5–31–01; 8:45 am] General, Code W, Washington, DC, 20546– C. Paperwork Reduction Act BILLING CODE 7510–01–P 0001, (202) 358–1220. The Paperwork Reduction Act does [FR Doc. 01–13812 Filed 5–31–01; 8:45 am] not apply because the changes to the BILLING CODE 7510–01–P NFS do not impose any recordkeeping NATIONAL AERONAUTICS AND or information collection requirements, SPACE ADMINISTRATION or collection of information from NATIONAL AERONAUTICS AND offerors, contractors, or members of the 48 CFR Part 1830 SPACE ADMINISTRATION public that require the approval of the Cost Accounting Standards Waivers Office of Management and Budget under 48 CFR Part 1811 44 USC 3501, et. seq. AGENCY: National Aeronautics and Priorities and Allocations List of Subjects in 48 CFR Parts 1811 Space Administration (NASA). ACTION: Interim rule adopted as final AGENCY: National Aeronautics and Government Procurement. without changes. Space Administration (NASA). Tom Luedtke, SUMMARY: This is a final rule amending ACTION: Final rule. Associate Administrator for Procurement. the NASA FAR Supplement (NFS) to SUMMARY: This final rule amends the 1. The authority citation for 48 CFR identify who within NASA has the NASA FAR Supplement (NFS) to Part 1811 continues to read as follows: authority to approve Cost Accounting specify that use of a priority rating Authority: 42 U.S.C. 2473(c)(1). Standards waivers.
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EFFECTIVE DATE: June 1, 2001. List of Subjects in 48 CFR Part 30 B. Regulatory Flexibility Act FOR FURTHER INFORMATION CONTACT: Mr. Government procurement. This final rule does not constitute a Louis Becker, NASA Headquarters, Tom Luedtke, significant revision within the meaning of FAR 1.501 and Pub. L. 98–577, and Office of Procurement, Contract Associate Administrator for Procurement. Management Division (Code HK), publication for public comment is not Washington, DC 20546, telephone: (202) Interim Rule Adopted as Final Without required. However, comments from 358–4593, email: [email protected]. Changes small entities concerning the affected NFS subpart will be considered in SUPPLEMENTARY INFORMATION: Accordingly, NASA adopts the accordance with 5 U.S.C. 610. Such interim rule amending 48 CFR part A. Background comments must be submitted separately 1830, which was published in the and should cite 5 U.S.C. 601, et seq. Federal Register at 65 FR 49205–49206, NASA is adopting as final, without August 11, 2000, as a final rule without C. Paperwork Reduction Act change, the interim rule published in change. the August 11, 2000 Federal Register The Paperwork Reduction Act does (65 FR 49205–49206). The interim rule Authority: 42 U.S.C. 2473(c)(1). not apply because the changes to the NFS do not impose recordkeeping or identified the Associate Administrator [FR Doc. 01–13810 Filed 5–31–01; 8:45 am] information collection requirements, or for Procurement as the senior BILLING CODE 7510–01–P policymaking official delegated the collections of information from offerors, contractors, or members of the public authority to approve Cost Accounting which require the approval of the Office Standards (CAS) waivers for NASA. The NATIONAL AERONAUTICS AND SPACE ADMINISTRATION of Management and Budget under 44 NASA interim rule was issued in U.S.C. 3501, et seq. response to a FAR interim rule 48 CFR Part 1832 published in the June 6, 2000 Federal List of Subjects in 48 CFR Part 32 Register (65 FR 36028–36030) that Extension of Class Deviations for SBIR Government procurement. authorized the heads of executive Contracts agencies to approve CAS waivers and Tom Luedtke, allowed for this authority to be AGENCY: National Aeronautics and Associate Administrator for Procurement. delegated to an official not below the Space Administration (NASA). Accordingly, 48 CFR Part 32 is senior policymaking level in the agency. ACTION: Final rule. amended as follows: The FAR interim rule resulted from 1. The authority citation for 48 CFR SUMMARY: This is a final rule amending part 1832 continues to read as follows: Section 802 of the National Defense the NASA FAR Supplement (NFS) to Authorization Act for Fiscal Year 2000 extend the advance payments and Authority: 42 U.S.C. 2473 (c)(1). (Pub. L. 106–65) which made several incremental funding class deviations for changes to CAS, including waivers. The Small Business Innovation Research PART 1832—CONTRACT FINANCING FAR interim rule was adopted as a final (SBIR) program contracts. 2. In section 1832.402, revise rule without change (66 FR 2136–2137, EFFECTIVE DATE: June 1, 2001. January 10, 2001). No comments were paragraph (e)(1)(B)(a) to read as follows: FOR FURTHER INFORMATION CONTACT: Mr. received in response to the NASA Ronald Lentz, NASA Headquarters, 1832.402 General. interim rule. Office of Procurement, Contract (NASA supplements paragraph (e)) B. Regulatory Flexibility Act Management Division (Code HK), (e)(1) * * * Washington, DC 20546, telephone: (202) (B) * * * NASA certifies that this final rule will 358–1064, e-mail: (a) Small Business Innovation not have a significant economic impact [email protected]. Research (SBIR) and Small Business on a substantial number of small SUPPLEMENTARY INFORMATION: Technology Transfer (STTR) Phase I business entities under the Regulatory contracts. A class deviation has been Flexibility Act (5 U.S.C. 601 et seq.) A. Background signed authorizing use of advance because this rule pertains to Cost NFS 1832.402(e)(1)(B)(a) provides a payments on these contracts. The Accounting Standards from which small class deviation authorizing the use of contracting officer shall annotate the businesses are exempt. advance payments for Phase I contracts contract file that the deviation is on file awarded under the SBIR program. NFS at the NASA Headquarters Office of C. Paperwork Reduction Act 1832.702–70(a), (b), and (c) set forth Procurement (Code HK). The Paperwork Reduction Act does conditions when incremental funding is * * * * * not apply because the changes to the permitted. NFS 1832.702–70(e) provides 3. In section 1832.702–70, revise NFS do not impose recordkeeping or a class deviation from those conditions, paragraph (e) to read as follows: information collection requirements, or permitting the use of incremental funding of contracts under Phase II of 1832.702–70 NASA policy. collection of information from offerors, the SBIR program. These two class * * * * * contractors, or members of the public deviations expired September 30, 2000, (e) A class deviation from the which require the approval of the Office the date set forth in the Congressional conditions set forth in paragraphs of Management and Budget under 44 authorization for the SBIR program. 1832.702–70(a), (b), and (c) exists to U.S.C. 3501, et seq. Public Law 106–554, extended the SBIR permit incremental funding of contracts program through September 30, 2008. under Phase II of the Small Business This final rule will extend the advance Innovation Research (SBIR) and Small payments and incremental funding class Business Technology Transfer (STTR) deviations for the life of the SBIR programs. This deviation exists with the program. understanding that the contracts will be
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fully funded when funds become allocation this year, resulting in a final DEPARTMENT OF COMMERCE available. Summer quota allocation of 1,147,861 lb [FR Doc. 01–13811 Filed 5–31–01; 8:45 am] (520,661 kg). National Oceanic and Atmospheric Administration BILLING CODE 7510–01–P Section 648.121 requires the Administrator, Northeast Region, NMFS 50 CFR Part 660 (Regional Administrator) to monitor the DEPARTMENT OF COMMERCE commercial scup quota for each quota [Docket No. 001030303–1127–02; I.D. period and, based upon dealer reports, 091800E] National Oceanic and Atmospheric Administration state data, and other available RIN 0648–AO41 information, to determine when the 50 CFR Part 648 commercial quota has been harvested. Fisheries off West Coast States and in NMFS is required to publish the Western Pacific; Pacific Coast [Docket No. 001121328–1041–02; I.D. notification in the Federal Register Groundfish Fishery; Amendment 13 052501E] advising and notifying federally AGENCY: National Marine Fisheries Fisheries of the Northeastern United permitted commercial vessels and Service (NMFS), National Oceanic and States; Scup Fishery; Commercial federally permitted dealers that, Atmospheric Administration (NOAA), Quota Harvested for Summer Period effective upon a specific date, the scup Commerce. commercial quota has been harvested. ACTION: Final rule; announcement of AGENCY: National Marine Fisheries The Regional Administrator has Service (NMFS), National Oceanic and approval of an amendment to a fishery determined, based upon dealer reports management plan. Atmospheric Administration (NOAA), and other available information, that the Commerce. scup commercial quota for the 2001 SUMMARY: NMFS issues this final rule to ACTION: Commercial quota harvest. Summer period has been harvested. implement Amendment 13 to the Pacific Coast Groundfish Fishery Management SUMMARY: NMFS announces that the The regulations at § 648.4(b) provide Plan (FMP). This final rule implements scup commercial quota available in the that Federal scup moratorium permit Amendment 13 by establishing an Summer period to the coastal states holders agree as a condition of the increased utilization program for from Maine to North Carolina has been permit not to land scup in any state after catcher/processor and mother ships in harvested. Federally permitted NMFS has published a notification in the at-sea whiting fisheries which carry commercial vessels may not land scup the Federal Register stating that the multiple observers for at least 90 in these states for the remainder of the commercial quota for the period has percent of the fishing days during a 2001 Summer quota period (through been harvested and that no commercial cumulative trip limit period, by revising October 31, 2001). Regulations quota for scup is available. Therefore, the regulatory provisions for the routine governing the scup fishery require effective 0001 hours, June 1, 2001, management measures process, and by publication of this notification to advise further landings of scup by vessels removing regulatory references to the coastal states from Maine through holding Federal scup moratorium limited entry permit endorsements other North Carolina that the quota has been permits are prohibited through October than the ‘‘A’’ endorsement. harvested and to advise Federal vessel 31, 2001. The Winter II period for DATES: This rule is effective July 2, permit holders and Federal dealer commercial scup harvest will open on permit holders. 2001, except for § 660.323 (a)(3)(vi) November 1, 2001. Effective 0001 hours, which is effective June 1, 2001. DATES: Effective 0001 hrs local time, June 1, 2001, federally permitted dealers ADDRESSES: Copies of Amendment 13 to June 1, 2001, through 2400 hrs local are also advised that they may not time, October 31, 2001. the Pacific Coast Groundfish FMP and purchase scup from federally permitted the environmental assessment/ FOR FURTHER INFORMATION CONTACT: vessels that land in coastal states from regulatory impact review (EA/RIR) are Jennifer L. Anderson, Fishery Maine through North Carolina for the Management Specialist, (978) 281–9226. available from Donald McIsaac, remainder of the Summer period Executive Director, Pacific Fishery SUPPLEMENTARY INFORMATION: (through October 31, 2001). Management Council, 2130 SW Fifth Regulations governing the scup fishery Classification Avenue, Suite 224, Portland, OR 97201. are found at 50 CFR part 648. The Send comments regarding the reporting regulations require annual specification This action is required by 50 CFR part burden estimate or any other aspect of of a commercial quota that is allocated 648 and is exempt from review under the collection-of-information into three quota periods. The Summer Executive Order 12866. requirements in this final rule, commercial quota (May through including suggestions for reducing the Authority: 16 U.S.C. 1801 et seq. October) is distributed to the coastal burden, to the Office of Management states from Maine through North Dated: May 25, 2001. and Budget (OMB), Washington, D.C. Carolina. The process to set the annual Richard W. Surdi, 20503 (ATTN: NOAA Desk Officer). commercial quota and the seasonal FOR FURTHER INFORMATION CONTACT: allocation is described in § 648.120. Acting Director, Office of Sustainable The total commercial quota for scup Fisheries, National Marine Fisheries Service. Yvonne deReynier or Becky Renko at: for the 2001 calendar year was set at [FR Doc. 01–13832 Filed 5–29–01; 4:36 pm] phone, 206–526–6140; fax, 206–526– 4,444,600 lb (2,016,037 kg)(66 FR 12902; BILLING CODE 3510–22–S 6736, and e-mail, March 1, 2001). The Summer period [email protected] or quota was initially set at 1,731,172 lb [email protected]; or Svein (785,246 kg). As specified in § 648.120, Fougner at: phone, 562–980–4000; fax, landings in excess of the commercial 562–980–4047; and e-mail, quota in the 2000 Summer period were [email protected]. deducted from the Summer period SUPPLEMENTARY INFORMATION:
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Electronic Access of the overfishing and bycatch Amendment 13 violates the Magnuson- This Federal Register document is requirements of its FMP during the Stevens Act. Observers are but one of also accessible via the Internet at the annual specifications and management several standardized reporting website of the Office of the Federal measures process. Overfished species methodologies supported by Register: http://www.access.gpo.gov/su- protection measures for 2001, which Amendment 13. While Amendment 13 were included in the Pacific Coast itself does not require implementation docs/aces/aces140.html. groundfish annual specifications and of an observer program, the Council has Background management measures (January 11, decided to implement an observer The Pacific Fishery Management 2001, 66 FR 2338), include: time/area program either as soon as funding Council (Council) prepared Amendment closures to protect canary rockfish and becomes available or with a requirement 13 to address the bycatch requirements cowcod, differential management that vessels pay for observers. of the Magnuson-Stevens Fishery measures for different gear types to Amendment 13 leaves open the issue of Conservation and Management Act reduce opportunities for vessels to whether the observer program will be (Magnuson-Act). Amendment 13 incidentally intercept overfished funded by the industry or through establishes an observer program and species, and changes to discard rates for government or private sources. For longspine and shortspine thornyhead 2001, NMFS has secured over $2 other standardized reporting and to sablefish based on updated million to implement a West Coast methodologies and by providing discard information for those species. groundfish observer program. NMFS bycatch reduction measures. The This final rule also removes expects that this funding will begin a bycatch requirements of the Magnuson- regulatory provisions for limited entry period of cooperative government/ Stevens Act were initially included in permits with provisional ‘‘A’’ private efforts to improve West Coast Amendment 11 to the FMP, but NMFS endorsements, ‘‘B’’ endorsements, and groundfish fisheries observer data. rejected those as inadequate. designated species ‘‘B’’ endorsements, In addition to providing guidance for Amendment 13 is intended to address which have either expired or are no observer program coverage that rejection. Amendment 13 also longer used. The removal of these development, Amendment 13 supports provides increased flexibility in the endorsements from the FMP’s limited technological supplements to an groundfish annual specifications and entry provisions and from the observer program, including electronic/ management measures process to allow groundfish regulations is essentially a paper logbooks with bycatch reporting, the Council to more easily craft ‘‘housekeeping’’ measure. catch monitoring by camera, and VMS measures that protect overfished and Concurrent with the proposed and monitoring. Current standardized depleted species. Finally, Amendment final rule process for Amendment 13, reporting methodologies would remain 13 revises the limited entry permit NMFS and the Council have developed in place: a voluntary observer program provisions to remove unused and proposed regulations for a and a voluntary logbook in the at-sea outdated limited entry permit comprehensive observer program. The whiting fisheries; incidental groundfish endorsements. A more complete final rule implementing the coastwide landings reported in a marine mammal description of Amendment 13 can be observer program framework was directed observer program for the found in the preamble to the proposed published on April 24, 2001 (66 FR California halibut setnet fishery, and; rule for this action at 65 FR 69898 20609). This program is consistent with dockside observer coverage in the (November 21, 2000). The notice of Amendment 13 provisions on shoreside whiting fishery associated availability for Amendment 13 was standardized reporting methodologies. with exempted fishing permits. NMFS published on September 22, 2000 (65 FR will soon publish a proposed rule for Comments and Responses 57308), and NMFS requested public mandatory observer coverage in the at- comments on Amendment 13 through During the comment period for sea whiting fisheries. November 21, 2000. A proposed rule to Amendment 13, NMFS received two Comment 2: Amendment 13 states implement Amendment 13 was letters of comment. Both letters of that ‘‘The Regional Administrator may published on November 21, 2000 (65 FR comment were written by implement an observer program through 69898). NMFS requested comments on environmental advocacy organizations. a Council-recommended Federal the proposed rule through January 5, Writers of the comment letters asked for regulatory framework.’’ This implies 2001. During the comment period on the the disapproval of Amendment 13 based that the Regional Administrator has the notice of availability, NMFS received on their judgments that Amendment 13 option of not implementing an observer two letters of comment, which are did not meet requirements of the program, which is a violation of the addressed later in this preamble. NMFS Magnuson-Stevens Act on minimizing Magnuson-Stevens Act. received no letters of comment on the bycatch and on standardized reporting Response: This language gives the proposed rule itself. methodologies. NMFS received no Regional Administrator the authority to comments on the proposed regulations implement an observer program, Approval and Implementation of consistent with a Council-recommended Amendment 13 to implement Amendment 13. Comments within the two letters are Federal regulatory framework. The NMFS approved Amendment 13 on categorized and responded to as follows. Council has already recommended a December 21, 2000. Thisfinal rule to Comment 1: Amendment 13 violates regulatory framework for a implement Amendment 13 establishes the Magnuson-Stevens Act because it comprehensive observer program for the an increased utilization program for makes implementation of an observer West Coast groundfish fishery. As catcher/processors and mother ships in program contingent on funding. The mentioned earlier, NMFS published a the at-sea whiting fisheries which carry Magnuson-Stevens Act requires that proposed rule to implement that multiple observers for at least 90 FMP’s include standardized reporting framework on September 14, 2000 (65 percent of the fishing days during a methodologies. FR 55495). NMFS, the States of cumulative trip limit period, and revises Response: NMFS agrees that the Washington, Oregon, and California, the annual specifications and Magnuson-Stevens Act requires the and the Pacific States Marine Fisheries management measures framework to establishment of standardized reporting Commission (PSMFC) have been better equip the Council to meet some methodologies, but disagrees that developing an observer coverage plan
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over the past several months. An lower-income (less than $25,000 designed for scientific sampling could observer coverage plan describes how annually) vessels that would have be used for a discard cap program, many vessels in which sectors of the difficulty absorbing the cost of carrying wherein an entire fishery would close fisheries will be covered by observers, an observer. The FRFA indicates that upon achievement of a discard limit for based on the goals of the observer the costs to the individual vessel are a particular species. Observer program. The coverage plan under expected to range between $157 and information from sampled vessels could development is intended to provide $3,334 per year, depending on whether be expanded to draw a picture of overall total catch (landed catch plus discard) NMFS pays the salary of the observers fleet discard levels. However, a discard information for the groundfish trip limit and on the coverage strategy and the cap program with only limited observer fisheries. Amendment 13 states that number of days fished per year. An coverage tends to exaggerate the ‘‘NMFS will publish an announcement upper value of $11,044 per vessel is an ‘‘observer effect’’ in information about of the authorization of the observer extreme that would only occur if a vessels sampled, meaning that the program and description of the observer vessel fished every day of the year and vessels carrying observers have a coverage program in the Federal carried an observer at all times. If a significant incentive to change their Register.’’ vessel had to pay observer salaries, the fishing behavior to lower their bycatch Comment 3: The EA/RIR for cost could be approximately $300 per rates and keep the entire fishery open. Amendment 13 states that ‘‘there are not observer per day. This sum would Unobserved vessels do not have this enough individual fishers participating include salary, payroll taxes, same incentive to reduce discards; thus, in the West Coast groundfish fisheries employment insurance, medical there is a strong chance that the whole who can afford to carry observers to insurance, and travel costs. This would fleet would reach the discard cap before provide statistically sound sampling of result in a substantially higher observer the observed fleet’s expanded data fleet behavior.’’ We cannot find support cost per vessel than under a indicated that the cap has been reached. for this assertion. government-funded program. Stronger observer effect under Response: The RIR portion of the EA/ Comment 4: The EA/RIR for incentives like discard cap management RIR contains a discussion of the Amendment 13 describes a vessel leads to less scientific accuracy from the estimated cost to a vessel in carrying an incentive program with higher landings observer program. observer under a government funded limits for vessels with lower bycatch Comment 6: Amendment 13 does not program. Most recently, this information rates as impracticable without an fully analyze marine protected areas has been summarized in the draft Final observer program. An observer program (MPAs) as a bycatch reduction measure, Regulatory Flexibility Analysis (FRFA) is practicable; therefore, this option is and states that implementation of MPAs for the final rule for an observer practicable. is beyond the scope of Amendment 13. program regulatory framework. In Response: NMFS disagrees. While a This argument is circular and MPAs summary, the FRFA states that the limited observer program is practicable should not have been rejected as a impacts of the rule on individual vessels at current funding levels, the type of bycatch reduction measure. will depend on what portion of the observer program that would be needed Response: NMFS disagrees. No-take observer costs the vessel pays for, and to implement a vessel incentive program MPAs generally eliminate all fishing on the nature and size of the program is not practicable. NMFS, the states, and within a certain geographic area, which and the coverage approach that is PSMFC are developing an observer means that all catch (directed and chosen - all vessels in the groundfish coverage plan for the groundfish fleet incidental) is eliminated. Bycatch fleet or a small portion of the vessels. that would focus on total catch would not necessarily be eliminated Vessel costs depend on the observer (landings + discard) information. This through MPAs, although the fishing area coverage strategy, particularly on how observer program will collect this kind for vessels that may discard catch would often each vessel is expected to carry an of information by sampling only a be smaller. Amendment 13 does not observer or multiple observers within a portion of the fleet, possibly as low as state that the Council will not cumulative limit period. Observer costs 10 percent. An observer coverage plan implement MPAs. On the contrary, the to a vessel could include: the observer’s for a vessel incentive program would EA/RIR describes the efforts of the or observers’ salary, liability insurance require 100-percent observer coverage, Council’s Marine Reserves Committee to cover the observer or observers, food and would focus on compliance as (MRC) outside of the Amendment 13 and living accommodations on the much as on scientific sampling. For the process. The Council approved vessel, outfitting the vessel to meet foreseeable future, NMFS anticipates Amendment 13 at its June 2000 meeting. observer safety requirements, and that the West Coast groundfish observer In its September 2000 meeting, the providing adequate sample space and program will be a scientific sampling Council gave its support to the time for the observer. Many of the program, not a compliance program. conclusions of the MRC that the Council vessels at the higher end of the revenue Comment 5: Amendment 13 does not should proceed with designing and range have already carried and paid for fully analyze discard caps as a bycatch siting MPAs as part of its overall observers, either as at-sea vessels in the reduction measure, and refers to discard groundfish management scheme. whiting fleet, or as voluntary caps as impracticable without an According to the recommendations of participants in the Experimental Data observer program. An observer program the MRC and the Council, MPAs for Collection Program, described in the is practicable, therefore this option is West Coast groundfish would be EA/RIR. These observer programs have practicable. designed to provide some protection for provided valuable information on the Response: NMFS disagrees. A fishery overfished species and their habitats. pelagic whiting fisheries, and on the managed with discard caps would be The MRC and the Council are now deepwater bottom trawl fisheries for one in which a fleet’s total catch is designing a process for bringing Dover sole, longspine and shortspine monitored and all fishing operations scientists and the public together to thornyheads, and sablefish (DTS shut down when the fleet is estimated discuss West Coast MPA site selection. complex). The largest number of to have caught a set amount of a Comment 7: A bycatch reduction groundfish vessels are in fishery sectors protected, incidentally caught species, option that is not discussed is to use where there is the greatest information regardless of the amount of directed catch ratios for co-occurring species to need. These vessels tend to be smaller, species taken. An observer program set landings limits for relatively
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abundant species to prevent exceeding mince, or oil products to be sold, or by reduction measures to protect the landings limits of species with more donating the groundfish to a hunger overfished species. The analysis of these restrictive limits. relief organization. Under the various alternatives for the different Response: The practice the Magnuson-Stevens definition of issues discusses the effects of bycatch commenter advocates has been used by bycatch, incidentally caught fish that is on the environment and the potential the Council for several years and has retained and used is not bycatch. effects of the alternative management recently been an important part of the Comment 9: Amendment 13 fails to options on the environment. Council’s overfished species protection assess existing bycatch in the strategy. These measures were discussed groundfish fishery. Classification in the sections of Amendment 13 Response: NMFS disagrees. The Administrator, Northwest Region, addressing protection of overfished Amendment 13 summarizes the limited NMFS, determined that Amendment 13 species through the annual amount of current knowledge on to the FMP is necessary for the specifications and management bycatch in the groundfish fishery. The conservation and management of the measures process. For example, past EA/RIR for Amendment 13 provides West Coast groundfish fishery, and that cumulative landings limits for the ‘‘DTS background on the Council’s efforts to it is consistent with the national complex’’ have been based on catch account for and minimize bycatch from standards of the Magnuson-Stevens Act ratios between the four species in the 1982 through 2000. This background and other applicable laws. complex—Dover sole, thornyheads information includes a discussion of the This final rule has been determined to (shortspine and longspine), and current state of scientific information on be not significant for purposes of sablefish. Often, harvest of the more bycatch in the fisheries and how that Executive Order 12866. abundant species in the DTS complex information is used to shape groundfish The Chief Counsel for Regulation of (e.g., longspine thornyhead, Dover sole) management measures. Analyses of data the Department of Commerce certified i.e., is? curtailed to prevent overharvest collection methods discuss current to the Chief Counsel for Advocacy of the of the less abundant species (shortspine knowledge of bycatch in the groundfish Small Business Administration when thornyhead). Management measures to fishery and where more information is this rule was proposed, that this rule, if protect bocaccio, an overfished species, needed on bycatch. The EA/RIR also adopted as proposed, would not have a have included significant reductions in references the Council’s Stock significant economic impact on a the chilipepper rockfish limits, an Assessment and Fishery Evaluation substantial number of small entities. No abundant species that co-occurs with Report, which annually provides comments were received on the bocaccio. Similarly, 2001 shelf rockfish information on bycatch and discards in economic impacts of this rule on small fisheries have been severely curtailed to the fishery as a whole, and on species- entities and the basis for this protect overfished species in the shelf specific bycatch issues. certification has not changed. rockfish complex, such as canary Comment 10: The EA/RIR should be Accordingly, a regulatory flexibility rockfish, bocaccio, and cowcod. rejected because it fails to evaluate the analysis was not prepared. Comment 8: Amendment 13 fails to potential that the Council will not Because the portion of this rule that analyze measures to avoid bycatch in implement an observer program. implements an increased utilization the whiting fishery and instead opts for Response: NMFS disagrees. Four program for the at-sea whiting fishery, full retention, which does not minimize alternatives are analyzed under the by allowing fishery participants to use bycatch. ‘‘Standardized Reporting Methodology’’ their incidentally caught non-whiting Response: NMFS disagrees. Bycatch is portion of Amendment 13, including groundfish either by processing that defined in the Magnuson-Stevens Act status quo (no new observer programs groundfish into meal, mince, or oil and in Amendment 13 as, ‘‘fish which beyond those already in place), and products to be sold, or by donating the are harvested in a fishery, but which are mandatory logbook reporting with no groundfish to hunger relief not sold or kept for personal use, and new observer programs already in place. organizations, relieves a restriction, includes economic discards and In addition, as already mentioned, under 5 U.S.C. 553(d)(1) it is not subject regulatory discards * * *.’’ The full NMFS and the states are now to a 30-day delay in effectiveness. utilization program would allow implementing a largely government- NMFS issued Biological Opinions whiting vessels to use incidentally funded observer program. (BO) under the Endangered Species Act caught non-whiting groundfish that they Comment 11: The EA/RIR should be (ESA) on August 10, 1990, November would otherwise discard. As discussed rejected because it does not analyze 26, 1991, August 28, 1992, September in the EA/RIR for Amendment 13, non- short-and long-term impacts of bycatch 27, 1993, May 14, 1996, and December whiting groundfish annually account for on benthic life and on species 15, 1999, pertaining to the effects of the less than 5 percent of the at-sea whiting relationships within the marine groundfish fishery on chinook salmon fleet’s total catch. Whiting at-sea vessels ecosystem. (Puget Sound, Snake River spring/ already work to reduce incidental Response: NMFS disagrees. Four summer, Snake River fall, upper interception of non-target species, both alternatives are analyzed under the Columbia River spring, lower Columbia to comply with Endangered Species Act ‘‘Bycatch Reduction Provisions’’ portion River, upper Willamette River, (ESA) requirements on salmon of Amendment 13, including status quo, Sacramento River winter, Central protection and with Magnuson-Stevens which would not introduce any new Valley, California coastal), coho salmon Act requirements on overfished species bycatch reduction or management (Central California coastal, southern protection. Inseason, the fleet measures to the groundfish fishery. Oregon/northern California coastal, communicates through radio and Three alternatives are analyzed under Oregon coastal), chum salmon (Hood satellite to move vessels away from the ‘‘Annual Management Measures Canal, Columbia River), sockeye salmon waters where species other than whiting Framework Provisions’’ portion of (Snake River, Ozette Lake), steelhead are concentrated. The Amendment 13 Amendment 13, which addresses, (upper, middle and lower Columbia full utilization program would allow the among other things, reducing overfished River, Snake River Basin, upper vessels to use their incidentally caught species discard. The status quo Willamette River, central California non-whiting groundfish either by alternative for this issue discusses the coast, California Central Valley, south- processing that groundfish into meal, effects of not implementing bycatch central California, southern California),
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and cutthroat trout (Umpqua River, fish to a hunger relief organization. This § 660.321 Specifications and management southwest Washington/Columbia estimate includes the time for reviewing measures. River)). NMFS has concluded that instructions, searching existing data * * * * * implementation of the FMP for the sources, gathering and maintaining the (b) Annual actions. The Pacific Coast Pacific Coast groundfish fishery is not data needed, and completing and Groundfish fishery is managed on a expected to jeopardize the continued reviewing the collection of information. calendar year basis. Even though existence of any endangered or This collection of information specifications and management threatened species under the requirement has been approved by OMB measures are announced annually, they jurisdiction of NMFS, or result in the under OMB control number 0648–0427. may apply for more than 1 year. In destruction or adverse modification of Send comments regarding the reporting general, management measures are critical habitat. NMFS has re-initiated burden estimate or any other aspect of designed to achieve, but not exceed, the consultation on the Pacific whiting the collection-of-information specifications, particularly optimum fishery associated with the BO issued on requirements in this final rule, yields (harvest guidelines and quotas), December 15, 1999. During the 2000 including suggestions for reducing the commercial harvest guidelines and whiting season, the whiting fisheries burden, to one of the NMFS addresses quotas, limited entry and open access exceeded the chinook bycatch amount and to OMB, Washington, D.C. 20503 allocations, or other approved fishery specified in the BO’s incidental take (ATTN: NOAA Desk Officer). allocations, and to protect overfished estimates of 11,000 fish, by Notwithstanding any other provision and depleted stocks. approximately 500 fish. The re- of the law, no person is required to * * * * * initiation will focus primarily on respond to, and no person shall be 4. In § 660.323, paragraph (a)(3)(vi) is additional actions that the whiting subject to penalty for failure to comply fisheries would take to reduce chinook added and paragraph (b) is revised to with, a collection of information subject read as follows: interception, such as time/area to the requirements of the PRA, unless management. NMFS expects that the re- that collection of information displays a § 660.323 Catch restrictions. initiated BO will be completed by May currently valid OMB control number. (a) * * * 2001. During the reinitiation, fishing (3) * * * under the FMP is within the scope of List of Subjects in 50 CFR Part 660 (vi) Bycatch reduction and full the December 15, 1999, BO, so long as Administrative practice and utilization program for at-sea processors the annual incidental take of chinook procedure, American Samoa, Fisheries, (optional). If a catcher/processor or stays under the 11,000-fish bycatch Fishing, Guam, Hawaiian Natives, mothership in the whiting fishery limit. NMFS has concluded that Indians, Northern Mariana Islands, carries more than one NMFS-approved implementation of the FMP for the Reporting and recordkeeping observer for at least 90 percent of the Pacific Coast groundfish fishery is not requirements. fishing days during a cumulative trip expected to jeopardize the continued limit period, then groundfish trip limits existence of any endangered or Dated: May 25, 2001. may be exceeded without penalty for threatened species under the John Oliver, jurisdiction of NMFS, or result in the Acting Assistant Administrator for Fisheries, that cumulative trip limit period, if the destruction or adverse modification of National Marine Fisheries Service. conditions in paragraph (a)(3)(vi)(A) of this section are met. For purposes of this critical habitat. This action is within the For the reasons set out in the program, ‘‘fishing day’’ means a 24-hour scope of these consultations. preamble, 50 CFR part 660 is amended period, from 0001 hours through 2400 This final rule clarifies entries for a as follows: collection-of-information requirement hours, local time, in which fishing gear subject to the Paperwork Reduction Act PART 660—FISHERIES OFF WEST is retrieved or catch is received by the (PRA). The Product Transfer/Offloading COAST STATES AND IN THE vessel, and will be determined from the Log has been approved under OMB WESTERN PACIFIC vessel’s observer data, if available. control number 0648–0271 with an Changes to the number of observers estimated response time of 20 minutes. 1. The authority citation for part 660 required for a vessel to participate in the Furthermore, this final rule reduces a continues to read as follows: program will be announced prior to the collection-of-information requirement Authority: 16 U.S.C. 1801 et seq. start of the fishery, generally concurrent with the annual specifications and (approved under OMB control number 2. In § 660.302, new definitions for management measures. Groundfish 0648–0203) associated with the ‘‘Overage’’ and ‘‘Tax-exempt consumed on board the vessel must be ‘‘designated species B’’ permit organization’’ are added in alphabetical within any applicable trip limit and endorsement program. order to read as follows: This final rule also contains new recorded as retained catch in any collection-of-information requirements § 660.302 Definitions. applicable logbook or report. [Note: For subject to review and approval by OMB Overagemeans the amount of fish a mothership, non-whiting groundfish under the PRA. This requirement is for harvested by a vessel in excess of the landings are limited by the cumulative vessels participating in the voluntary applicable trip limit. landings limits of the catcher vessels increased utilization program to notify delivering to that mothership.] * * * * * authorized officers of their intent to (A) Conditions. Conditions for Tax-exempt organization means an offload retained overages as a donation participating in the voluntary full organization that received a to a tax-exempt hunger relief utilization program are as follows: determination letter from the Internal organization. The public reporting (1) All catch must be made available Revenue Service recognizing tax burden for this collection of information to the observers for sampling before it is exemption under 26 CFR part 1(§§ 1.501 is estimated to average 5 minutes to sorted by the crew. make a telephone call to NMFS to 1.640). (2) Any retained catch in excess of enforcement to indicate an intent to * * * * * cumulative trip limits must either be: offload fish in excess of cumulative 3. In § 660.321, paragraph (b) is (i) Converted to meal, mince, or oil limits for the purpose of donating that revised to read as follows: products, which may then be sold; or
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(ii) Donated to a bona fide tax-exempt available for inspection upon request of measures on recreational fisheries are hunger relief organization (including an authorized officer throughout the intended to keep landings within the food banks, food bank networks or food cumulative limit period during which harvest levels announced by NMFS, to bank distributors), and the vessel such landings occurred and for 15 days rebuild and protect overfished or operator must be able to provide a thereafter. depleted species, and to maintain receipt for the donation of groundfish * * * * * consistency with state regulations, and landed under this program from a tax- (b) Routine management measures. In for the other purposes set forth in this exempt hunger relief organization addition to the catch restrictions in this section. immediately upon the request of an section, other catch restrictions that are (i) Bag limits. To spread the available authorized officer. likely to be adjusted on an annual or catch over a large number of anglers; to (3) No processor or catcher vessel may more frequent basis may be imposed avoid waste. receive compensation or otherwise and announced by a single notification (ii) Size limits. To protect juvenile benefit from any amount in excess of a in the Federal Register if they have been fish; to enhance the quality of the cumulative trip limit unless the overage designated as routine through the two- recreational fishing experience. is converted to meal, mince, or oil meeting process described in PCGFMP. * * * * * products. Amounts of fish in excess of Management measures that have been cumulative trip limits may only be sold designated as routine will be listed 5. In § 660.333, paragraph (a) is as meal, mince, or oil products. annually in the Council’s Stock revised, and paragraphs (h)(1)(i) and (ii) (4) The vessel operator must contact Assessment and Fishery Evaluation are removed, and paragraphs (h)(1)(iii) the NMFS enforcement office nearest to (SAFE) document. and (iv) are redesignated as (h)(1)(i) and the place of landing at least 24 hours (1) Commercial limited entry and (ii), respectively, to read as follows: before landing groundfish in excess of open access fisheries—(i) Trip landing cumulative trip limits for distribution to § 660.333 Limited entry fishery— general. and frequency limits, size limits, all a hunger relief agency. Cumulative trip gear. Trip landing and frequency limits (a) General. Participation in the limits and a list of NMFS enforcement and size limits for species with those limited entry fishery requires that the offices are found on the NMFS, owner of a vessel hold (by ownership or Northwest Region homepage at http:// limits designated as routine may be imposed or adjusted on an annual or otherwise) a limited entry permit affixed www.nwr.noaa.gov. with a gear endorsement registered for (5) If the meal plant on board the more frequent basis for the purpose of keeping landings within the harvest use with that vessel for the gear being whiting processing vessel breaks down, fished. A sablefish endorsement is also then no further overages may be levels announced by NMFS, and for the other purposes given in paragraph required for a vessel to participate in the retained for the rest of the cumulative regular and/or mop-up seasons for the trip limit period unless the overage is (b)(1)(ii) of this section. (A) Trip landing and frequency limits. nontrawl, limited entry sablefish donated to a hunger relief organization. fishery, north of 36° N. lat. There are (6) Prohibited species may not be To extend the fishing season; to three types of gear endorsements: trawl, retained. minimize disruption of traditional (7) Donation of fish to a hunger relief fishing and marketing patterns; to longline, and pot (or trap). More than organization must be noted in the reduce discards; to discourage target one type of gear endorsement may be transfer log (Product Transfer/ fishing while allowing small incidental affixed to a limited entry permit. While Offloading Log (PTOL)), in the column catches to be landed; to allow small the limited entry fishery is open, vessels for total value, by entering a value of fisheries to operate outside the normal fishing under limited entry permits may ‘‘0’’ or ‘‘donation,’’ followed by the season; and, for the open access fishery also fish with open access gear; except name of the hunger relief organization only, to maintain landings at the that during a period when the limited receiving the fish. Any fish or fish historical proportions during the 1984- entry fixed gear sablefish fishery is product that is retained in excess of trip 88 window period. limited to those vessels with sablefish limits under this rule, whether donated (B) Size limits. To protect juvenile endorsements, a longline or pot (or trap) to a hunger relief organization or fish; to extend the fishing season. limited entry permit holder without a converted to meal, must be entered (ii) Differential trip landing and sablefish endorsement may not fish for separately on the PTOL so that it is frequency limits based on gear type, sablefish with open access gear. distinguishable from fish or fish closed seasons. Trip landing and * * * * * products that are retained under trip frequency limits that differ by gear type and closed seasons may be imposed or §§ 660.335 and 660.337 [Removed and limits. The information on the Mate’s Reserved] Receipt for any fish or fish product in adjusted on an annual or more frequent excess of trip limits must be consistent basis for the purpose of rebuilding and 6. Sections 660.335 and 660.337 are with the information on the PTOL. The protecting overfished or depleted stocks. removed and reserved. Mate’s Receipt is an official document (2) Recreational fisheries—all gear § 660.338 [Amended] that states who takes possession of types. Routine management measures offloaded fish, and may be a Bill of for all groundfish species, separately or 7. In § 660.338, paragraph (b) is Lading, Warehouse Receipt, or other in any combination, include bag limits, removed, and paragraph (c) is official document that tracks the transfer size limits, time/area closures, boat redesignated as paragraph (b). of offloaded fish or fish product. The limits, hook limits, and dressing [FR Doc. 01–13835 Filed 5–31–01; 8:45 am] Mate’s Receipt and PTOL must be made requirements. All routine management BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 66, No. 106
Friday, June 1, 2001
This section of the FEDERAL REGISTER help you, please call (202) 690–2817 Seattle, WA, and Gulfport, MS; Seattle- contains notices to the public of the proposed before coming. Tacoma International Airport, Seattle, issuance of rules and regulations. The APHIS documents published in the WA; Hartsfield-Atlanta International purpose of these notices is to give interested Federal Register, and related Airport, Atlanta, GA; Baltimore- persons an opportunity to participate in the information, including the names of Washington International Airport, rule making prior to the adoption of the final organizations and individuals who have rules. Baltimore, MD; and Dulles International commented on APHIS dockets, are Airport, Chantilly, VA. available on the Internet at http:// Proposal of Additional Port DEPARTMENT OF AGRICULTURE www.aphis.usda.gov/ppd/rad/ webrepor.html. Recently, we received a formal request from the Port of Corpus Christi Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: Authority of Nueces County, TX, to Service Donna L. West, Import Specialist, PPQ, designate the maritime port of Corpus APHIS, 4700 River Road Unit 140, 7 CFR Part 319 Christi, TX, as an approved location for Riverdale, MD 20737–1236; (301) 734– the cold treatment of imported fruit. In 5007. [Docket No. 00–068–1] response to that request, we are SUPPLEMENTARY INFORMATION: proposing to add the maritime port of Cold Treatment for Fresh Fruits; Port Background Corpus Christi, TX, to the list of ports of Corpus Christi, TX that are designated as approved The fruits and vegetables regulations, locations for cold treatment of imported AGENCY: Animal and Plant Health contained in 7 CFR 319.56 through fruit. This proposal is based on our Inspection Service, USDA. 319.56–8 (referred to below as the determination that there are biological regulations), prohibit or restrict the ACTION: Proposed rule. barriers in the area of this port that, importation of fruits and vegetables to along with certain safeguards, would SUMMARY: We are proposing to allow, prevent the introduction or prevent the introduction of fruit flies under certain conditions, the cold dissemination of injurious insects, and other insect pests in the unlikely treatment of imported fruit upon arrival including fruit flies, that are new to or event that they escape from shipments at the port of Corpus Christi, TX. We not widely distributed in the United of fruit before the fruit undergoes cold have determined that there are States. The Animal and Plant Health treatment. biological barriers at this port that, along Inspection Service (APHIS) of the U.S. Our determination is based, in part, with certain safeguards, would prevent Department of Agriculture administers on a 1994 document prepared by APHIS the introduction of fruit flies and other these regulations. assessing the pest risks associated with insect pests into the United States in the Under the regulations, APHIS allows allowing cold treatment of tropical fruit unlikely event that they escape from certain fruits to be imported into the fly host materials at certain U.S. ports. shipments of fruit before the fruit United States if they undergo sustained The applicable risk mitigation measures undergoes cold treatment. This action refrigeration (cold treatment) sufficient discussed in that risk assessment would facilitate the importation of fruit to kill certain insect pests. Cold document are included in this proposal requiring cold treatment while treatment temperatures and the duration as requirements for the port of Corpus continuing to provide protection against of treatment vary according to the type Christi, TX. (Copies of the risk the introduction of fruit flies and other of fruit and the pests involved. Detailed assessment document may be obtained insect pests into the United States. cold treatment procedures may be found by writing to the individual listed under in the Plant Protection and Quarantine DATES: We invite you to comment on FOR FURTHER INFORMATION CONTACT.) (PPQ) Treatment Manual, which is this docket. We will consider all incorporated by reference into the Risk Groups comments that we receive by July 31, regulations at 7 CFR 300.1. 2001. The risk assessment document Most imported fruit that requires cold establishes risk groups for many ports in ADDRESSES: Please send four copies of treatment undergoes cold treatment the United States; these risk groups your comment (an original and three while in transit to the United States. characterize the relative risk, without copies) to: Docket No. 00–068–1, However, APHIS also allows imported consideration for mitigating factors, Regulatory Analysis and Development, fruit to undergo cold treatment at an associated with the movement of PPD, APHIS, Suite 3C03, 4700 River approved cold treatment facility in tropical fruit fly host material for cold Road, Unit 118, Riverdale, MD 20737– either the country of origin or after treatment in the United States. The 1238. Please state that your comment arrival in the United States at certain ports have been assigned to one of five refers to Docket No. 00–068–1. ports designated by APHIS in § 319.56– risk groups based on a number of You may read any comments that we 2d(b)(1) of the regulations. criteria, including the individual port’s receive on this docket in our reading Currently, cold treatment in the latitude, microclimate, immediate host room. The reading room is located in United States is limited to the following availability, and past fruit fly room 1141 of the USDA South Building, ports: Atlantic ports north of, and infestations; the risk groups are assigned 14th Street and Independence Avenue including, Baltimore, MD; ports on the numbers I through V, with these SW., Washington, DC. Normal reading Great Lakes and St. Lawrence Seaway; numbers representing an ascending room hours are 8 a.m. to 4:30 p.m., Canadian border ports on the North level of risk based on those criteria. The Monday through Friday, except Dakota border and east of North Dakota; ports that were considered have been holidays. To be sure someone is there to the maritime ports of Wilmington, NC, categorized as follows:
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• Group I ports— Atlantic ports north conditions are listed and explained fruit intended for cold treatment, further of and including Baltimore, MD. below. minimizing the risk that any fruit flies • or other insect pests in the shipments Group II ports— Wilmington, NC; Special Conditions for the Maritime would come into contact with host Seattle, WA; Portland, OR; Atlanta, GA; Port of Corpus Christi, TX and Norfolk, VA. material that may be in the area. • Group III ports— Charleston, SC; The maritime port of Corpus Christi, 4. The cold treatment facility and PPQ Savannah, GA; Port Arthur and TX, is not in a commercial citrus- must agree in advance on the route by Galveston/Houston, TX. producing area. This reduces the which shipments are allowed to move • Group IV ports— Gulfport, MS; likelihood that a fruit fly escaping from between the vessel on which they Mobile, AL; New Orleans, LA; Corpus a shipment of fruit intended for cold arrived at the port and the cold Christi, TX; and Pensacola, FL. treatment would find adequate host treatment facility. The movement of • Group V ports— San Diego, San material for propagation. However, the shipments from vessel to cold treatment Pedro/Long Beach, San Francisco, and port of Corpus Christi, TX, is less than facility will not be allowed until an Oakland, CA; Tampa, Miami, West Palm 150 miles away from commercial citrus acceptable route has been agreed upon. Beach/Fort Lauderdale, Cape Canaveral, growing areas. Additionally, the port of In most instances, the route would be Jacksonville, Fort Myers, and Fort Corpus Christi, TX, is located in a part determined by establishing the shortest Pierce, FL; Brownsville, TX; and all of the country with a longer growing route between the vessel and the cold Hawaiian ports. season and a wider variety and greater storage facility that does not include an quantity of backyard hosts available The general requirements for cold area that contains host material for fruit compared to ports in Groups I through treatment found in § 319.56–2d are flies during the time of year when the III. Therefore, in addition to the general designed to mitigate the risk of region experiences its most abundant requirements in § 319.56–2d(b)(5)(i) infestation due to fruit fly escape from amount of host material for fruit flies. through (b)(5)(iii) of the regulations shipments arriving in Group I ports. Then, that route would be used concerning cold treatment, the These requirements, contained in throughout the year to convey following requirements would apply to § 319.56–2d(b)(5)(i) through (b)(5)(iii), shipments from vessel to cold treatment cold treatment conducted at the include delivering, under the facility. This predetermined route maritime port of Corpus Christi, TX. supervision of a PPQ inspector, would reduce the amount of time that 1. All fruit entering the port for cold shipments of fruit that require cold a shipment would have to wait before treatment must move in maritime treatment to an approved cold storage undergoing cold treatment and would containers. No bulk shipments (i.e., warehouse where the shipments will be reduce the risk that any fruit flies in the those shipments that are stowed and cold treated; precooling and shipments would come into contact unloaded by the case or bin) are refrigerating the shipments of fruit with host material en route to cold permitted. intended for cold treatment promptly storage. This condition would ensure that 5. Advance reservations for cold upon arrival at the cold treatment imported fruit arriving for cold treatment space at the port must be facility; allowing shipments of fruit that treatment at the port of Corpus Christi, made prior to the departure of a require cold treatment to leave U.S. TX, would not be exposed to the shipment from its port of origin. Customs Service (Customs) custody outdoors. The shipping container would This condition would ensure that only under a redelivery bond for cold insulate the fruit, thereby helping to untreated shipments of fruit arriving at treatment; and allowing final release by keep the fruit chilled during unloading, the port would not have to wait for an Customs of shipments of fruit that prevent leakage of the shipments, and extended period of time for cold require cold treatment only after the serve as a barrier to fruit fly escape from treatment. Ensuring the expeditious Customs officer has received official shipments of untreated fruit. cold treatment of the fruit would notification that the required cold 2. Within the container, the fruit minimize the risk of fruit flies maturing treatment has been completed. intended for cold treatment must be in ripening fruit. Those Group II and IV ports that are enclosed in fruit fly-proof packaging 6. Devanning, the unloading of fruit currently listed in the regulations as that prevents the escape of adult, larval, from containers into the cold treatment ports where cold treatment of imported or pupal fruit flies. facility, must be conducted in fruit may occur must meet other This condition would ensure that accordance with the following requirements, in addition to the general shipments that arrive at the port of requirements: requirements discussed in the previous Corpus Christi, TX, would be packaged (1) All containers must be unloaded paragraph, to prevent the introduction in such a manner as to prevent fruit flies within the cold treatment facility; and of fruit flies and other insect pests into or other insect pests from escaping from (2) Untreated fruit may not be the United States. the shipment when the container is exposed to the outdoors under any The port of Corpus Christi, TX, which opened. Additionally, this condition circumstances. we are proposing as an approved would provide an extra barrier to fruit Because of the southern location of location for cold treatment in this fly escape from a shipment of untreated the port of Corpus Christi, TX, we document, has been designated as a fruit. believe that this condition would be a Group IV port; consequently, additional 3. Containerized shipments of fruit necessary mitigating factor at this port. mitigating measures would need to be in arriving at the port for cold treatment This condition would eliminate the place before cold treatment could occur must be cold treated within the area possibility of untreated fruit being at this port. over which Customs is assigned the unloaded and waiting for cold treatment The conditions that would be authority to accept entries of outside the cold treatment facility. assigned to the port of Corpus Christi, merchandise, to collect duties, and to If fruit intended for cold treatment TX, are, with one difference, the same enforce the various provisions of the was removed from its shipping as those currently found in § 319.56– customs and navigation laws in force. container outside the cold treatment 2d(b)(5)(vii) regarding cold treatment at This condition would restrict the facility, there would be an increased the port of Gulfport, MS, which is also movement from the immediate vicinity risk of fruit fly escape due to untreated a Group IV port. These proposed of the port of untreated shipments of fruit warming up to temperatures that
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would allow the insect pests that may the cold treatment facility must have bromide, our proposal assumes the be in the fruit to become more active fumigation equipment approved by the continued availability of methyl and possibly to escape when the fly- Deputy Administrator of PPQ and a site bromide for use as a fumigant for the proof packaging is removed from the for conducting fumigation on the foreseeable future. Nevertheless, USDA shipment. Our proposal to require premises. takes very seriously its commitment to devanning inside the cold treatment This condition would act as an work toward the development of facility would ensure that all fruit that additional contingency measure to commodity treatment alternatives to requires cold treatment remains in a ensure that fruit entering the port of methyl bromide. Accordingly, APHIS is cool environment. Corpus Christi, TX, receives the actively assessing the effectiveness and 7. The cold treatment facility must necessary treatments. As the risk of fruit environmental acceptability of other remain locked during nonworking fly infestation is greater at Corpus tools—such as hot water treatment, hours. Christi, TX, than at ports included in thermal treatments (hot air, vapor heat, This condition would help ensure Groups I through III, we have and cold treatment), and irradiation— that unauthorized persons would not determined that extra protection should that may economically manage the pests have access to untreated fruit and, be provided by requiring methyl currently controlled with methyl therefore, could not remove untreated bromide fumigation capabilities as an bromide. fruit from the cold treatment facility. alternative means of eliminating pests 11. The cold treatment facility must 8. Blacklights or sticky paper must be from shipments of fruit. The criteria for have contingency plans, approved by used within the cold treatment facility, the approval of fumigation equipment the Deputy Administrator of PPQ, for and other trapping methods, including are provided in the PPQ Treatment safely destroying or disposing of fruit. Jackson/methyl eugenol and McPhail Manual. This condition would ensure that, in traps, must be used within the 5 square With respect to methyl bromide the event a shipment cannot be cold miles surrounding the cold treatment fumigation, the Environmental treated or fumigated promptly or facility. Protection Agency (EPA) published a properly, the contents of the shipment This condition is intended to serve as notice of final rulemaking in the Federal could be safely destroyed or disposed of an extra layer of defense by providing a Register on December 10, 1993 (58 FR so that fruit flies and other plant pests means to detect fruit flies within the 65018–65082), that froze the production would not have the opportunity to facility or within the facility’s environs of methyl bromide in the United States escape. Examples of adequate in the unlikely event that any fruit flies at 1991 levels and required the phasing contingency plans include the ability to survive past the stage of pupation in the out of domestic use of methyl bromide incinerate fruit, to bury fruit, or to cold treatment facility. Although the by 2001. Subsequently, the Agriculture, reexport fruit. regulations require a 4-square-mile Rural Development, Food and Drug We believe that the mitigation trapping zone around the port of Administration, and Related Agencies measures described above, which have Gulfport, MS, APHIS has determined Act of 1999 (Act) amended the Clean proved successful in mitigating fruit fly that a 5-square-mile trapping zone Air Act (CAA) and directed the EPA to risks associated with cold treatment at around the port of Corpus Christi, TX, promulgate new rules to reduce and the port of Gulfport, MS, would prevent is necessary to further mitigate the risks terminate the production, importation, the introduction of fruit flies and other associated with the variety of fruit fly and consumption of methyl bromide in plant pests that may be in shipments of host material that is within 5 miles of accordance with the phaseout schedule fruit arriving at the port of Corpus the port. of the Montreal Protocol. Consistent Christi, TX, for cold treatment. 9. During cold treatment, a backup with the Protocol, the Act also amended system must be available to cold treat the CAA by providing a quarantine-use Miscellaneous Changes the shipments of fruit should the exemption for the production, The regulations in § 319.56–2d primary system malfunction. The importation, and use of methyl bromide contain outdated references to the facility must also have one or more to fumigate commodities entering or Bureau of Customs, which is now the reefers (cold holding rooms) and leaving the United States to comply U.S. Customs Service. We are proposing methods of identifying lots of treated with APHIS regulations and for other to correct these references in this and untreated fruits. legitimate quarantine uses. document. Also, another outdated term, This condition would ensure that, in To ensure that the United States ‘‘Collector of Customs,’’ appears in the event that the primary cold fulfills its obligations under the CAA paragraph (b)(5)(iii) of § 319.56–2d; we treatment system fails, additional and the Protocol, EPA is nearing are also proposing to update that term. equipment is on hand at the cold completion on amendments to its Our regulations also misidentify the treatment facility to perform cold regulations that would revise the locations of both Baltimore-Washington treatment. Cold holding rooms would be accelerated phaseout regulations and International and Dulles International necessary to ensure that shipments of conform the U.S. methyl bromide Airports as Washington, DC. Baltimore- fruit remain cool during any waiting phasedown schedule with the Protocol’s Washington International Airport is period that may ensue from a schedule for industrialized nations. EPA located in Baltimore, MD, and Dulles malfunction of the primary cold room. anticipates that a final rule on this issue International Airport is located in The identification of shipments to will be published in the Federal Chantilly, VA. We are proposing to determine which lots have been treated Register in the near future. EPA has also correct these location descriptions for and which lots need to be treated would indicated that it is preparing to publish accuracy. eliminate the possibility of comingling a proposed rule regarding the process treated and untreated fruit and further for handling and documenting Executive Order 12866 and Regulatory reduce the possibility of fruit flies or exemptions for the production and Flexibility Act other insect pests escaping from the importation of quantities of methyl This proposed rule has been reviewed cold treatment facility. bromide to be used for quarantine and under Executive Order 12866. This rule 10. The cold treatment facility must preshipment purposes. has been determined to be not have the ability to conduct methyl Because the Montreal Protocol significant for the purposes of Executive bromide fumigation on site. Therefore, exempts quarantine uses of methyl Order 12866, and, therefore, has not
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been reviewed by the Office of Christi, the number of these entities and Authority: 7 U.S.C. 166, 450, 7711–7714, Management and Budget. the extent to which they might benefit 7718, 7731, 7732, and 7751–7754; 21 U.S.C. In accordance with 5 U.S.C. 603, we is unknown. Additionally, import and 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. have performed an initial regulatory transport companies in the region could 2. Section 319.56–2d would be flexibility analysis, which is set out be expected to handle increased traffic amended as follows: below, regarding the effects of this in fruits and vegetables, as indicated by proposed rule on small entities. We do the projected figures provided by a. In paragraph (b)(1), the words not currently have all the data necessary exporters in Latin America and South ‘‘Corpus Christi, TX,’’ would be added for a comprehensive analysis of the Africa; consequently, local employment immediately before the words ‘‘and effects of this proposed rule on small opportunities could be expected to Gulfport, MS;’’ the words ‘‘Airport, entities. Therefore, we are inviting increase. Baltimore, MD,’’ would be added after comments concerning potential effects. the words ‘‘Baltimore-Washington The alternative to this proposed rule In particular, we are interested in International’’; and the words ‘‘airports, was to make no changes to the determining the number and kind of Washington, DC’’ would be removed regulations. After consideration, we small entities that may incur benefits or and the words ‘‘Airport, Chantilly, VA’’ rejected this alternative because it costs from the implementation of this added in their place. appears that, with the safeguards proposed rule. proposed, the cold treatment of fruit b. In paragraph (b)(5)(iii), the words Under the Plant Protection Act (7 ‘‘Collector of Customs’’ would be U.S.C. 7701–7772), the Secretary of may be conducted at the port of Corpus Christi, TX, without significant risk of removed and the words ‘‘Customs Agriculture is authorized to regulate the Service’’ added in their place. importation of fruits and vegetables to introducing fruit flies or other plant c. In paragraphs (b)(5)(iv)(B), prevent the introduction of plant pests. pests. (b)(5)(v)(B), and (b)(5)(vi)(B), the words This proposed rule would amend the Executive Order 12988 regulations governing the importation of ‘‘Bureau of Customs’’ would be removed fruits and vegetables by allowing, under This proposed rule would allow fresh each time they occur and the words certain conditions, the cold treatment of fruit to be imported into the United ‘‘U.S. Customs Service’’ added in their imported fruits at the port of Corpus States for cold treatment at the maritime place. Christi, TX. A new cold treatment port of Corpus Christi, TX. If this d. The introductory text of paragraph facility has been constructed at this proposed rule is adopted, State and (b)(5)(vii) would be revised. port. local laws and regulations regarding e. In paragraph (b)(5)(vii)(A), the The port of Corpus Christi, located fruit imported under this rule would be words ‘‘at the port of Gulfport, MS’’ along the Texas coast on the Gulf of preempted while the fruit is in foreign would be removed. Mexico, is connected to both U.S. and commerce. Fresh fruit is generally f. In paragraph (b)(5)(vii)(C), the Mexican markets through several State imported for immediate distribution and words ‘‘Bureau of Customs’’ would be and interstate highways as well as by sale to the consuming public and would removed and the words ‘‘U.S. Customs rail service from three rail carriers, remain in foreign commerce until sold Service’’ added in their place. which all have access to the docks. The to the ultimate consumer. The question facility at the port of Corpus Christi that of when foreign commerce ceases in g. Paragraph (b)(5)(vii)(H) would be would be used for cold treatment has other cases must be addressed on a case- revised. 295,500 square feet of covered dockside by-case basis. If this proposed rule is § 319.56–2d Administrative instructions storage and a state-of-the-art refrigerated adopted, no retroactive effect will be for cold treatments of certain imported warehouse with a 100,000 square-foot given to this rule, and this rule will not fruits. capacity. This cold storage and require administrative proceedings * * * * * treatment facility, completed in August before parties may file suit in court (b) * * * 2000, includes three rooms with challenging this rule. freezing and chilling capacities, and (5) * * * Paperwork Reduction Act temperature-controlled rail and truck (vii) Special requirements for the docks. A study conducted by the port This proposed rule contains no maritime ports of Gulfport, MS, and authority of Corpus Christi predicts that information collection or recordkeeping Corpus Christi, TX. Shipments of fruit by the year 2010, national container requirements under the Paperwork arriving at the ports of Gulfport, MS, traffic will top 2.75 million transit and Reduction Act of 1995 (44 U.S.C. 3501 and Corpus Christi, TX, for cold exit units (TEU’s) and that the port of et seq.). treatment, in addition to meeting all of Corpus Christi could capture a the requirements in paragraphs (b)(5)(i) throughput of 820,000 TEU’s. List of Subjects in 7 CFR Part 319 through (b)(5)(iii) of this section, must The port authority expects that it meet the following special conditions: would receive commodity imports from Bees, Coffee, Cotton, Fruits, Honey, * * * * * several countries throughout Central Imports, Incorporation by reference, and South America in addition to New Nursery Stock, Plant diseases and pests, (H) Blacklights or sticky paper must Zealand and South Africa. The annual Quarantine, Reporting and be used within the cold treatment collective estimated value of recordkeeping requirements, Rice, facility, and other trapping methods, commodities expected to be cold treated Vegetables. including Jackson/methyl eugenol and McPhail traps, must be used within the at the facility is nearly $131.7 million. Accordingly, we propose to amend 7 4 square miles surrounding the cold According to the Small Business CFR part 319 as follows: Administration, a small entity involved treatment facility at the maritime port of in the wholesale trade of fresh fruits is PART 319—FOREIGN QUARANTINE Gulfport, MS, and within the 5 square one that employs no more than 100 NOTICES miles surrounding the cold treatment people. While small entities would facility at the maritime port of Corpus likely benefit from being able to cold 1. The authority citation for part 319 Christi, TX. treat commodities at the port of Corpus would continue to read as follows: * * * * *
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Done in Washington, DC, this 25th day of FOR FURTHER INFORMATION CONTACT: This rule contains no Federal May 2001. Douglas MacDowell, Senior Loan mandates (under the regulatory Bobby R. Acord, Specialist, Multi-Family Housing provisions of Title II of the UMRA) for Acting Administrator, Animal and Plant Processing Division, Rural Housing State, local, and tribal governments or Health Inspection Service. Service, U.S. Department of Agriculture, the private sector. Therefore, this rule is [FR Doc. 01–13758 Filed 5–31–01; 8:45 am] STOP 0781, 1400 Independence Avenue not subject to the requirements of BILLING CODE 3410–34–P SW., Washington, DC 20250–0781, section 202 and 205 of the UMRA. Telephone (202) 720–1604. Executive Order 13132, Federalism SUPPLEMENTARY INFORMATION: DEPARTMENT OF AGRICULTURE The policies contained in this rule do Classification not have any substantial direct effect on Rural Housing Service This rule has been determined to be states, on the relationship between the national government and the states, or 7 CFR Part 1944 not significant for purposes of Executive Order 12886 and therefore has not been on the distribution of power and RIN 0575–AC25 reviewed by the Office of Management responsibilities among the various and Budget (OMB). levels of government. Nor does this rule Farm Labor Housing Technical impose substantial direct compliance Assistance Paperwork Reduction Act costs on state and local governments. Therefore, consultation with the states AGENCY: Rural Housing Service, USDA. The information collection is not required. ACTION: Proposed rule. requirements contained in this regulation have been previously Programs Affected SUMMARY: The Rural Housing Service approved by OMB under the provisions The affected program is listed in the (RHS) proposes to amend its regulations of 44 U.S.C. chapter 35 and this Catalog of Federal Domestic Assistance for the Farm Labor Housing (FLH) regulation has been assigned OMB under Number 10.405, Farm Labor program. The Housing Act of 1949 control number 0575–0181, in Housing Loans and Grants. authorizes the RHS to provide financial accordance with the Paperwork assistance to private and public Reduction Act of 1995. This rule does Intergovernmental Consultation nonprofit agencies to encourage the not impose any new information development of domestic and migrant For the reasons contained in the Final collection requirements from those Rule related Notice to 7 CFR part 3015, farm labor housing projects. The approved by OMB. nonprofit agencies that receive this subpart V, this program is subject to financial assistance, in turn, provide Civil Justice Reform Executive Order 12372 which requires intergovernmental consultation with ‘‘technical assistance’’ to other This rule has been reviewed under organizations to assist them in obtaining State and local officials. RHS has Executive Order 12988, Civil Justice conducted intergovernmental loans and grants for the construction of Reform. In accordance with this rule: (1) farm labor housing. The RHS has consultation in the manner delineated All state and local laws and regulations in RD Instruction 1940–J. provided this assistance in prior years that are in conflict with this rule will be by awarding technical assistance preempted; (2) no retroactive effect will Environmental Impact Statement contracts. In fiscal year 2000 a Request be given to this rule; and (3) This document has been reviewed in for Proposals was published in the administrative proceedings in accordance with 7 CFR part 1940, Federal Register requesting grant accordance with 7 CFR part 11 must be subpart G, ‘‘Environmental Program.’’ It proposals from private and public exhausted before bringing suit in court is the determination of RHS that this nonprofit agencies. The intended effect challenging action taken under this rule. action does not constitute a major of this action is to amend the Federal action significantly affecting the regulations to establish the eligibility Unfunded Mandates Reform Act quality of the human environment and requirements that nonprofit agencies Title II of the Unfunded Mandates in accordance with the National must meet to receive technical Reform Act of 1995 (UMRA), Pub. L. Environmental Policy Act of 1969, Pub. assistance grants and how the financial 104–4, establishes requirements for L. 91–190, an Environmental Impact assistance will be made available by the Federal agencies to assess the effects of Statement is not required. RHS. their regulatory actions on State, local, DATES: Written or E-mail comments and tribal governments and the private Regulatory Flexibility Act must be received on or before July 31, sector. Under section 202 of the UMRA, This proposed rule has been reviewed 2001. RHS generally must prepare a written with regard to the requirements of the ADDRESSES: Written comments may be statement, including a cost-benefit Regulatory Flexibility Act (5 U.S.C. submitted, in duplicate, to the Branch analysis, for proposed and final rules 601–612). The undersigned has Chief, Regulations and Paperwork with ‘‘Federal mandates’’ that may determined and certified by signature of Management Branch, Rural result in expenditures to State, local, or this document that this rule will not Development, U.S. Department of tribal governments, in the aggregate, or have a significant economic impact on Agriculture, Stop 0742, 1400 to the private sector, of $100 million or a substantial number of small entities Independence Avenue SW, Washington, more in any one year. When such a since this rulemaking action does not DC 20250–0742. Comments may be statement is needed for a rule, section involve a new or expanded program nor submitted via the Internet by addressing 205 of the UMRA generally requires does it require any more action on the them to [email protected] and RHS to identify and consider a part of a small business than required of must contain ‘‘Technical’’ in the subject. reasonable number of regulatory a large entity. All written comments will be available alternatives and adopt the least costly, for public inspection at 300 E Street SW, more cost-effective or least burdensome Background Washington, DC 20546, during normal alternative that achieves the objectives Farmworkers are among the lowest working hours. of the rule. paid workers in the United States and
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often lack decent, safe, sanitary, and awarded for one year periods with four Loan programs—Housing and affordable housing. RHS’s FLH program option periods that could be exercised community development, Migrant labor, provides loans and grants for at the discretion of the Government. In Nonprofit organizations, Public housing, farmworker housing and related FY 2000, RHS changed the way that Rent subsidies, Rural housing. facilities. FLH technical assistance funds were Therefore, chapter XVIII, title 7, Code The FLH program is authorized by awarded. During FY 2000, RHS awarded of Federal Regulations is amended to title V of the Housing Act of 1949 under technical assistance ‘‘grants’’ rather than read as follows: section 514 (42 U.S.C. 1484) for loans ‘‘contracts’’. and section 516 (42 U.S.C. 1486) for On June 21, 2000, a Request for PART 1944—HOUSING grants. Section 516 also authorizes the Proposals (RFP) was published in the 1. The authority citation for part 1944 RHS to provide financial assistance (not Federal Register requesting ‘‘grant’’ continues to read as follows: more than 10 percent of the section 516 proposals from private and public funds) to encourage the development of nonprofit agencies. The RFP outlined Authority: 5 U.S.C. 301; 42 U.S.C. 1480. domestic and migrant farm labor the application requirements and the Subpart D—Farm Labor Housing Loan housing projects. criteria that would be used to select RHS’s FLH program provides funding proposals for funding. The RFP also and Grant Policies, Procedures, and for both ‘‘on-farm’’ and ‘‘off-farm’’ established three FLH technical Authorizations housing. The housing may also be for assistance grant regions (the Eastern, 2. Section 1944.151 is revised to read either seasonal or year-round Central, and Western grant regions) and as follows: occupancy. Off-farm housing, typically contained the terms of the grants. apartment complexes, is open to On September 27, 2000, three § 1944.151 Purpose. farmworkers who work at any farming technical assistance grants were This subpart contains the policies and operation. On-farm housing provides awarded. Two of the grants were procedures and delegates authority for housing for the workers of only one awarded for the Western grant region making initial and subsequent insured farm and is typically designed as single and the other was awarded for the loans under section 514 and grants family dwellings. Occupancy of both Central grant region. No grant proposals under section 516 of the Housing Act of types of housing is restricted to United were received for the Eastern grant 1949, to provide housing and related States citizens or permanent resident region. Each of the grants has a three facilities for domestic farm labor. This aliens. year grant period. subpart also contains the policies and Off-farm migrant housing serves When the RFP was published, procedures for making grants under farmworkers who perform agricultural comments and suggestions were section 516 to encourage the work at one or more locations away received from interested parties. Some development of farm labor housing. Any from their home base throughout the suggested that more than one FY’s processing or servicing activity year for periods ranging from a few funding should be made available conducted pursuant to this subpart weeks to several months. Rental during the three year grant period. involving authorized assistance to Rural assistance is available to many tenants Another issue was that the Central grant Housing Service (RHS) employees, of off-farm housing to make rents region received less funding than the members of their families, known close affordable. Off-farm housing is financed Eastern and Western grant regions. relatives, or business or close personal with section 514 loans and section 516 Lastly, one commented it was unfair to associates, is subject to the provisions of grants to nonprofit organizations and consider an applicant’s experience if subpart D of part 1900 of this chapter. public agencies such as local housing such experience was gained outside of Applicants for this assistance are authorities, and with section 514 loans the grant region, or to give equal weight required to identify any known to limited partnerships in which the to an applicant’s experience in relationship or association with an RHS general partner is a nonprofit entity. developing non-farmworker multifamily employee. On-farm housing loans are made to housing to an applicant’s experience in 3. Section 1944.157 is amended by farmers or farm entities to provide developing farmworker housing. redesignating paragraph (c) as (d) and by housing for farmworker families In the future, RHS intends to adding a new paragraph (c) to read as employed by the farm. On-farm housing periodically publish RFPs that are follows: is financed with section 514 loans and similar to the one that was published on is not eligible for 516 grants. The June 21, 2000. When published, RHS § 1944.157 Eligibility Requirements. tenants (farmworkers) who live in on- will have the opportunity to make * * * * * farm housing are not eligible for rental changes to the way funds are (c) Eligibility of applicant for an LH assistance. distributed, to the minimum technical assistance grant. To be eligible RHS also provides financial assistance performance requirements that must be for an LH technical assistance grant the to private and public nonprofit agencies met, or to other terms of the grants. RHS applicant must: to encourage the development of will at that time consider the (1) Be a private or public nonprofit domestic and migrant farm labor suggestions that have been made. agency; housing projects. The services that are However, this revision to the regulation (2) Have the knowledge, ability, provided by these non-profit agencies is only implements the statutory authority technical expertise, or practical commonly referred to as ‘‘technical for awarding grants. It does not establish experience necessary to develop and assistance’’. the application requirements, the package loan and grant applications for Most section 514 and section 516 selection criteria, the performance LH under the section 514 and 516 funds are leveraged with funds from standards that must be met, or how programs; and, other sources. Likewise, RHS has taken funds will be distributed when grants (3) Possess the ability to exercise steps to ensure that technical assistance are awarded. leadership, organize work, and funds are effectively used. prioritize assignments to meet work Prior to Fiscal Year 2000, RHS List of Subjects in 7 CFR Part 1944 demands in a timely and cost efficient awarded technical assistance Farm labor housing, Grant programs— manner. The grantee may arrange for ‘‘contracts’’. These contracts were Housing and community development, other nonprofit agencies to provide
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services on its behalf; however, RHS Stein. In PRM–2–12, the petitioner ACTION: Proposed rule; reopening and will expect the grantee to provide the requested that the Commission amend extension of public comment period and overall management necessary to ensure its regulations pertaining to deliberate opportunity for public hearing on the objectives of the grant are met. misconduct and employee protection to proposed amendment. Nonprofit agencies acting on behalf of ensure that all individuals are afforded the grantee must also meet the above the right to respond to an NRC SUMMARY: The Office of Surface Mining stated eligibility requirements. determination that the individual has Reclamation and Enforcement (OSM) is violated these regulations. announcing receipt of revisions and * * * * * additional explanatory information ADDRESSES: A copy of the petitioner’s 4. Section 1944.158 is amended by pertaining to a previously proposed email submittal, dated May 15, 2001, adding a new paragraph (o) to read as amendment to the Montana regulatory requesting the withdrawal of the follows: program (hereinafter, the ‘‘Montana petition is available for public program’’) under the Surface Mining § 1944.158 Loan and grant purposes. inspection, or copying for a fee, at the * * * * * Control and Reclamation Act of 1977 NRC’s Public Document Room, One (SMCRA). Montana proposes revisions (o) Encourage the development of White Flint North, 11555 Rockville Pike farm labor housing. RHS may award to Title 26, Chapter 4, of the (first floor), Rockville, Maryland. Administrative Rules of Montana (ARM) ‘‘technical assistance’’ grants to eligible Single copies of the petitioner’s email and additional explanatory information private and public nonprofit agencies. submission may be obtained free of about surface water baseline monitoring These grant recipients will, in turn, charge by writing to the Division of requirements, conditions of the permit, assist other organizations obtain loans Administrative Services, Office of temporary waste impoundments, dam and grants for the construction of farm Administration, U.S. Nuclear Regulatory spillway specifications, and alternate labor housing. Technical assistance Commission, Washington, DC 20555. services may not be funded under both Documents created or received at the underdrain systems. Montana intends to this paragraph and paragraph (i) of this NRC after November 1, 1999, are also revise its program to be consistent with section. In addition, technical assistance available electronically at the NRC’s the corresponding Federal regulations, may not be funded by RHS when an Public Electronic Reading Room on the incorporate the additional flexibility identity of interest exists between the Internet at http://www.nrc.gov/NRC/ afforded by the revised Federal technical assistance provider and the ADAMS/index.html. For the petitioner’s regulations, clarify ambiguities, and loan or grant applicant. Requests for email, the accession number is improve operational efficiency. Proposals (RFP) may be periodically ML011360325. From this site, the public DATES: We will accept written published in the Federal Register by can gain entry into the NRC’s Agency comments on this amendment until 4 RHS inviting eligible nonprofit wide Document Access and p.m., m.d.t. July 2, 2001. If requested, organizations to submit LH technical Management System (ADAMS) that we will hold a public hearing on the assistance grant proposals. RFPs will provides text and image files of NRC’s amendment on June 26, 2001. We will contain the amount of available funding, public documents. For more accept requests to speak until 4 p.m., the method of allocating or distributing information, contact the NRC Public m.d.t. on June 18, 2001. funds, where to submit proposals, Document Room (PDR) Reference staff ADDRESSES: You should mail or hand proposal requirements, the deadline for at 1–800–397–4209, (301) 415–4737, or deliver written comments and requests the submission of proposals, the by email to [email protected]. to speak at the hearing to Guy Padgett selection criteria, and the grant FOR FURTHER INFORMATION CONTACT: at the address listed below. You may agreement to be entered into between Michael T. Lesar, Chief, Rules and review copies of the Montana program, RHS and the grantee. Directives Branch, Division of this amendment, a listing of any scheduled public hearings, and all Dated: May 22, 2001. Administrative Services, Office of Administration, U.S. Nuclear Regulatory written comments received in response Dawn Riley, to this document at the addresses listed Acting Deputy Under Secretary. Commission, Washington, DC 20555, Telephone: 301–415–7163 or Toll Free: below during normal business hours, [FR Doc. 01–13801 Filed 5–31–01; 8:45 am] 800–368–5642. Monday through Friday, excluding BILLING CODE 3410–XV–U holidays. You may receive one free copy Dated at Rockville, Maryland this 25th day of the amendments by contacting OSM’s of May, 2001. Casper Field Office. For the Nuclear Regulatory Commission. NUCLEAR REGULATORY Guy Padgett, Director, Casper Field Andrew L. Bates, COMMISSION Office, Office of Surface Mining Acting, Secretary of the Commission. Reclamation and Enforcement, 100 10 CFR Part 2 [FR Doc. 01–13739 Filed 5–31–01; 8:45 am] East B Street, Room 2128, Casper, WY [Docket No. PRM–2–12] BILLING CODE 7590–01–P 82601–1918, Telephone: (307) 261– 6550 Michael Stein; Withdrawal of Petition Neil Harrington, Acting Chief, Industrial for Rulemaking DEPARTMENT OF THE INTERIOR and Energy Minerals Bureau, Montana Department of Environmental Quality, AGENCY: Nuclear Regulatory Office of Surface Mining Reclamation 1520 E. Sixth Ave., P.O. Box 200901, Commission. and Enforcement Helena, MT 59620–0901, Telephone: ACTION: Petition for rulemaking; (307) 444–4973 withdrawal. 30 CFR Part 926 FOR FURTHER INFORMATION CONTACT: Guy SUMMARY: The Nuclear Regulatory [SPATS No. MT–003–FOR] Padgett, Telephone: (307) 261–6550, Internet address: [email protected]. Commission (NRC) is withdrawing, at Montana Regulatory Program the petitioner’s request, a petition for SUPPLEMENTARY INFORMATION: rulemaking (PRM–2–12) (64 FR 59669; AGENCY: Office of Surface Mining I. Background on the Montana Program November 3, 1999) filed by Michael Reclamation and Enforcement, Interior. II. Description of the Proposed Amendment
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III. Public Comment Procedures 26.4.639, sedimentation ponds and information: environmental resources; IV. 10 Procedural Determinations other treatment facilities; ARM 26.4.642, ARM 26.4.314, plan for the protection of I. Background on the Montana Program permanent and temporary the hydrologic balance; ARM 26.4.404, impoundments; ARM 26.4.645, review of application; ARM 26.4.407, On April 1, 1980, the Secretary of the groundwater monitoring; ARM 26.4.646, conditions of a permit; ARM 26.4.410, Interior conditionally approved the surface water monitoring; ARM permit renewal; ARM 26.4.505 and Montana program. You can find 26.4.702, redistribution and stockpiling 26.4.510, burial and treatment of waste background information on the Montana of soil; ARM 26.4.711, establishment of materials and disposal of offsite- program, including the Secretary’s vegetation; ARM 26.4.721, eradication generated waste and fly ash; ARM findings, the disposition of comments, of rills and gullies; ARM 26.4.724, use 26.4.519A, thick overburden and excess and conditions of approval of the of revegetation comparison success spoil; ARM 26.4.603 and 26.4.639, Montana program in the April 1, 1980, standards; ARM 26.4.726, vegetation sedimentation ponds and other Federal Register (45 FR 21560). You can production, cover, diversity, density, treatment facilities; ARM 26.4.645 and also find later actions concerning and utility requirements; ARM 26.4.821, 26.4.646, groundwater and surface water Montana’s program and program alternate reclamation: submission of monitoring; ARM 26.4.721, eradication amendments can be found at 30 CFR plan; ARM 26.4.825, alternate of rills and gullies; ARM 26.4.821, 926.15, 926.16, and 926.30. reclamation: alternate revegetation; alternate reclamation: submission of II. Proposed Amendment ARM 26.4.924, disposal of underground plan; ARM 26.4.924, disposal of development waste: general underground development waste: By letters dated February 1, 1995, and requirements; ARM 26.4.927, disposal general requirements; ARM 26.4.927, February 28, 1995, Montana sent us a of underground development waste: disposal of underground development proposed amendment to its program durable rock fills; ARM 26.4.930, waste: durable rock fills; and ARM (Administrative Record Nos. MT–12–01 placement and disposal of coal 26.4.1001 through 26.4.1007 and and MT–12–05) under SMCRA (30 processing waste: special application 26.4.1014, prospecting. U.S.C. 1201 et seq.). Montana sent the requirements; ARM 26.4.932, disposal We notified Montana of those rules proposed amendment in response to of coal processing waste; ARM requiring clarification by letter dated letters dated July 2, 1985; May 11, 1989; 26.4.1001, application requirements; October 17, 1995 (Administrative and March 29, 1990 (Administrative ARM 26.4.1001A, notice of intent to Record No. 12–16). Montana responded Record Nos. MT–60–01, MT–60–04, and prospect; ARM 26.4.1002, information with further explanation in a letter MT–60–07) that OSM sent to Montana and monthly reports; ARM 26.4.1005, dated February 6, 1996 (Administrative in accordance with 30 CFR 732.17(c); in drill holes; ARM 26.4.1006, roads and Record No. MT–12–19). Following response to the required program other transportation facilities; ARM receipt of Montana’s February 6, 1996, amendments at 30 CFR 926.16(b), (c), 26.4.1007, grading, soil salvage, storage, letter, we identified concerns with ARM (d), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), and redistribution; ARM 26.4.1009, 26.4.304, baseline information: (e)(7), (e)(8), (f), (h), (i), and (j); and at diversions; ARM 26.4.1011, hydrologic environmental resources; ARM its own initiative. balance; ARM 26.4.1014, test pits: 26.4.404, review of application; ARM Montana originally proposed to application requirements, review 26.4.505 and 26.4.510, burial and revise: ARM 26.4.301, definitions; ARM procedures, bonding, and additional treatment of waste materials and 26.4.303, legal, financial, compliance, performance standards; ARM 26.4.1116, disposal of off-site generated waste and and related information; ARM 26.4.304, bonding: criteria and schedule for fly ash; ARM 26.4.519A, thick baseline information: environmental release of bond; ARM 26.4.1116A, overburden and excess spoil; ARM resources; ARM 26.4.308, operations reassertion of jurisdiction; ARM 26.4.639, sediment ponds and other plan; ARM 26.4.314, plan for protection 26.4.1141, designation of lands treatment facilities; ARM 26.4.821, of the hydrologic balance; ARM unsuitable: definition; ARM 26.4.1206, alternate reclamation; ARM 26.4.924 26.4.321, transportation facilities plan; notices, orders of abatement and and 26.4.927, disposal of underground ARM 26.4.404, review of application; cessation orders: issuance and service; development waste; and ARM ARM 26.4.405, findings and notice of and ARM 26.4.1212, point system for 26.4.1014, prospecting. We notified decision; ARM 26.4.405A, civil penalties and waivers. Montana of these concerns by letter improvidently issued permits: general We announced receipt of the dated July 10, 1997 (Administrative requirements; ARM 26.4.405B, proposed amendment in the March 15, Record No. MT–12–20). improvidently issued permits: 1995, Federal Register (60 FR 13932; Meanwhile, at the same time we were revocation; ARM 26.4.407, conditions of Administrative Record No. MT–12–12). reviewing this amendment, Montana permit; ARM 26.4.410, permit renewal; In that Federal Register, we opened the made subsequent changes to some of the ARM 26.4.501A, final grading public comment period and provided an rules contained in this amendment and requirements; ARM 26.4.505, burial and opportunity for a public hearing or submitted them in another amendment treatment of waste materials; ARM meeting on the amendment’s adequacy. dated March 5, 1996 (SPATS No. MT– 26.4.519A, thick overburden and excess We did not hold a public hearing or 018–FOR; Administrative Record No. spoil; ARM 26.4.524, signs and markers; meeting because no one requested one. MT–15–01). Those rules were: ARM ARM 26.4.601, general requirements for The public comment period ended on 26.4.410, permit renewal, ARM road and railroad loop construction; April 14, 1995. 26.4.1001, prospecting permit ARM 26.4.602, location of roads and During our review of the amendment, requirement; and ARM 26.4.1001A, railroad loops; ARM 26.4.603, we identified rules requiring notice of intent to prospect. OSM and embankments; ARM 26.4.604, clarification prior to making an Montana subsequently decided to hydrologic impacts of roads and railroad evaluation of the proposed revisions. withdraw the prospecting and permit loops; ARM 26.4.623, blasting schedule; Those rules requiring clarification were: renewal rules from SPATS No. MT– ARM 26.4.633, water quality ARM 26.4.301(78), the definition of 003–FOR and consider them in SPATS performance standards; ARM 26.4.634, ‘‘owned or controlled;’’ ARM 26.4.303, No. MT–018–FOR (Administrative reclamation of drainages; ARM 26.4.638, legal, financial, compliance, and related Record Nos. MT–12–21 and MT–15–14). sediment control measures; ARM information; ARM 26.4.304, baseline These withdrawn rules addressed the
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required program amendments at 30 III. Public Comment Procedures to speak has been heard. If you are in the audience and have not been CFR 926.16(f), (h), (i), and (j). Written Comments scheduled to speak and wish to do so, Montana responded by letter dated Send your written comments to OSM July 17, 2000 (Administrative Record you will be allowed to speak after those at the address given above. Your written who have been scheduled. We will end No. MT–12–23), that it would not comments should be specific, pertain the hearing after everyone scheduled to submit further revisions to SPATS No. only to the issues proposed in this speak and others present in the MT–003–FOR. Montana requested that rulemaking, and include explanations in audience who wish to speak, have been OSM proceed with the final rule support of your recommendations. In heard. Federal Register notice. Montana stated the final rulemaking, we will not that it would address the existing necessarily consider or include in the Public Meeting deficiencies in this amendment in a new Administrative Record any comments If only one person requests an submission. received after the time indicated under opportunity to speak, we may hold a Following receipt of the July 17, 2000, DATES or at locations other than the public meeting rather than a public letter, OSM proceeded writing the final Casper Field Office. hearing. If you wish to meet with us to rule Federal Register notice on MT– discuss the amendment, please request Electronic Comments a meeting by contacting the person 003–FOR. However, during the process, Please submit Internet comments as listed under FOR FURTHER INFORMATION OSM decided to request a meeting with an ASCII file avoiding the use of special CONTACT. All such meetings are open to Montana to discuss the unresolved characters and any form of encryption. the public and, if possible, we will post issues in MT–003–FOR. The meeting Please also include ‘‘Attn: SPATS No. notices of meetings at the locations was held at the Montana Department of MT–003–FOR’’ and your name and listed under ADDRESSES. We will make Environmental Quality (DEQ), Helena, return address in your Internet message. a written summary of each meeting a MT, on February 27, 2001. Because the If you do not receive a confirmation that part of the Administrative Record. public was not notified of the meeting we have received your Internet message, IV. Procedural Determinations beforehand, OSM is making available contact the Casper Field Office at (307) the meeting minutes (Administrative 261–6550. Executive Order 12630—Takings Record No. MT–12–24) from that Availability of Comments This rule does not have takings meeting by this Federal Register notice. implications. This determination is We will make comments, including During the February 27, 2001, meeting, based on the analysis performed for the names and addresses of respondents, OSM and the Montana DEQ decided counterpart Federal regulations. that some issues were, in fact, resolvable available for public review during due to a re-interpretation of Montana’s normal business hours. We will not Executive Order 12866—Regulatory Planning and Review responses and/or a subsequent revision consider anonymous comments. If of Montana’s rules. individual respondents request This rule is exempted from review by confidentiality, we will honor their the Office of Management and Budget In response to discussions at the request to the extent allowable by law. (OMB) under Executive Order 12866. February 27, 2001, meeting, Montana Individual respondents who wish to has now submitted subsequent rule withhold their name or address from Executive Order 12988—Civil Justice revisions and/or explanatory public review, except for the city or Reform information by letter dated May 15, town, must state this prominently at the The Department of the Interior has 2001 (Administrative Record No. MT– beginning of their comments. We will conducted the reviews required by 12–25). Montana proposes additional make all submissions from section 3 of Executive Order 12988 and explanatory information concerning the organizations or businesses, and from has determined that, to the extent lack of acid-forming materials in the individuals identifying themselves as allowable by law, this rule meets the Montana coal fields to address the issue representatives or officials of applicable standards of subsections (a) with ARM 26.4.304(6)(b)(ii)(B). Montana organizations or businesses, available and (b) of that section. However, these proposes editorial changes to ARM for public review in their entirety. standards are not applicable to the actual language of State regulatory 26.4.407(4). Montana proposes new Public Hearing language at ARM 26.4.505(5) to prohibit programs and program amendments If you wish to speak at the public acid, acid-forming, toxic, or toxic- since each such program is drafted and hearing, contact the person listed under forming wastes from being used in an promulgated by a specific State, not by FOR FURTHER INFORMATION CONTACT by 4 OSM. Under sections 503 and 505 of impoundment. Montana proposes new p.m., m.d.t. on June 18, 2001. If you are language at ARM 26.4.505(7) to provide SMCRA (30 U.S.C. 1253 and 1255) and disabled and need special the Federal regulations at 30 CFR that the same notification requirements accommodations to attend a public 730.11, 732.15, and 732.17(h)(10), concerning potential hazards at waste hearing, contact the person listed under decisions on proposed State regulatory disposal sites also pertain to temporary FOR FURTHER INFORMATION CONTACT. We programs and program amendments waste impoundments. Montana will arrange the location and time of the submitted by the States must be based proposes new language at ARM 26.4.639 hearing with those persons requesting solely on a determination of whether the address the construction of a single the hearing. If no one requests an submittal is consistent with SMCRA and spillway and to state that an excavation opportunity to speak, we will not hold its implementing Federal regulations requires no spillway. Montana proposes the hearing. To assist the transcriber and and whether the other requirements of to delete subsection at ARM ensure an accurate record, we request, if 30 CFR Parts 730, 731, and 732 have 26.4.924(15) which OSM disapproved in possible, that each person who speaks at been met. the August 19, 1992, Federal Register a public hearing provide us with a notice, and to delete cross-reference to written copy of his or her comments. Executive Order 13132—Federalism it at ARM 26.4.927(3)(a). The public hearing will continue on the This rule does not have Federalism specified date until everyone scheduled implications. SMCRA delineates the
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roles of the Federal and State effect on the economy of $100 million; personnel staffing policies, and governments with regard to the (b) Will not cause a major increase in purchasing and procurement policies. regulation of surface coal mining and costs or prices for consumers, Montana also provides information reclamation operations. One of the individual industries, geographic about the AMLR plan, the goals and purposes of SMCRA is to ‘‘establish a regions, or Federal, State or local objectives of the emergency program, nationwide program to protect society governmental agencies; and (c) Does not reclamation project ranking and and the environment from the adverse have significant adverse effects on selection, the coordination among effects of surface coal mining competition, employment, investment, agencies, policies and procedures for operations.’’ Section 503(a)(1) of productivity, innovation, or the ability land acquisition, reclamation of private SMCRA requires that State laws of U.S. based enterprises to compete land, consent for entry, the accounting regulating surface coal mining and with foreign-based enterprises. This system, and a new appendix concerning reclamation operations be ‘‘in determination is based upon the fact the abandoned inactive mines scoring accordance with’’ the requirements of that the State submittal which is the system (AIMSS). Montana intends to SMCRA. Section 503(a)(7) requires that subject of this rule is based upon revise its plan to meet the requirements State programs contain rules and counterpart Federal regulations for of the corresponding Federal regulations regulations ‘‘consistent with’’ which an analysis was prepared and a and to be consistent with SMCRA, to regulations issued by the Secretary determination made that the Federal clarify ambiguities, and to improve pursuant to SMCRA. regulation was not considered a major operational efficiency. rule. DATES: We will accept written National Environmental Policy Act comments on this amendment until 4 Unfunded Mandates Section 702(d) of SMCRA (30 U.S.C. p.m., [m.d.t.], on July 2, 2001. If 1292(d)) provides that a decision on a This rule will not impose a cost of requested, we will hold a public hearing proposed State regulatory program $100 million or more in any given year on the amendment on June 26, 2001. We provision does not constitute a major on any governmental entity or the will accept requests to speak until 4 Federal action within the meaning of private sector. p.m., [m.d.t.], on June 18, 2001. section 102(2)(C) of the National List of Subjects in 30 CFR Part 926 ADDRESSES: You should mail or hand Environmental Policy Act (42 U.S.C. deliver written comments and requests 4332(2)(C)). A determination has been Intergovernmental relations, Surface to speak at the hearing to Guy Padgett made that such decisions are mining, Underground mining. at the address listed below. You may categorically excluded from the NEPA Dated: May 23, 2001. review copies of the Montana plan, this process (516 DM 8.4.A). James Fulton, amendment, and all written comments Paperwork Reduction Act Acting Regional Director, Western Regional received in response to this document at Coordinating Center. the addresses listed below during This rule does not contain [FR Doc. 01–13786 Filed 5–31–01; 8:45 am] normal business hours, Monday through information collection requirements that BILLING CODE 4310–05–P Friday, excluding holidays. You may require approval by OMB under the receive one free copy of the amendment Paperwork Reduction Act (44 U.S.C. by contacting OSM’s Casper Field 3507 et seq.). DEPARTMENT OF THE INTERIOR Office. Regulatory Flexibility Act Guy Padgett, Director, Casper Field Office of Surface Mining Reclamation Office, Office of Surface Mining The Department of the Interior has and Enforcement determined that this rule will not have Reclamation and Enforcement, 100 East ‘‘B’’ Street, Federal Building, a significant economic impact on a 30 CFR Part 926 substantial number of small entities Room 2128, Casper, Wyoming 82601– under the Regulatory Flexibility Act (5 [SPATS No. MT–021–FOR] 1918 U.S.C. 601 et seq.). The State submittal Vic Anderson, Chief, Mine Waste Montana Abandoned Mine Land that is the subject of this rule is based Cleanup Bureau, Remediation Reclamation Plan upon counterpart Federal regulations for Division, Montana Department of which an economic analysis was AGENCY: Office of Surface Mining Environmental Quality, P.O. Box prepared and certification made that Reclamation and Enforcement, Interior. 200901, Helena, MT 59620–0901, Telephone: (406) 444–2544 such regulations would not have a ACTION: Proposed rule; reopening and significant economic effect upon a extension of public comment period and FOR FURTHER INFORMATION CONTACT: Guy substantial number of small entities. opportunity for public hearing on Padgett, Telephone: (307) 261–6550, Accordingly, this rule will ensure that proposed amendment. Internet address: [email protected]. existing requirements previously SUPPLEMENTARY INFORMATION: promulgated by OSM will be SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is I. Background on the Montana Plan implemented by the State. In making the II. Description of the Proposed Amendment determination as to whether this rule announcing receipt of revisions and III. Public Comment Procedures would have a significant economic additional explanatory information IV. Procedural Determinations impact, the Department relied upon the pertaining to a previously proposed I. Background on the Montana Plan data and assumptions for the amendment to the Montana abandoned counterpart Federal regulations. mine land reclamation (AMLR) plan On November 24, 1980, the Secretary (hereinafter, the ‘‘Montana plan’’) under of the Interior approved the Montana Small Business Regulatory Enforcement the Surface Mining Control and plan. You can find general background Fairness Act Reclamation Act of 1977 (SMCRA). information on the Montana plan, This rule is not a major rule under 5 Montana proposes revisions and including the Secretary’s findings and U.S.C. 804(2), the Small Business additional explanatory information the disposition of comments, in the Regulatory Enforcement Fairness Act. about the Department of Environmental October 24, 1980, Federal Register (45 This rule: (a) Does not have an annual Quality, its authority, organization, FR 70445). You can also find later
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actions concerning Montana’s plan and January 24, 2001 (Administrative Individual respondents who wish to plan amendments at 30 CFR 926.21 and Record No. MT–18–08). Montana withhold their name or address from 926.25. responded in a letter dated April 30, public review, except for the city or 2001, by submitting additional town, must state this prominently at the II. Description of the Proposed explanatory information to OSM’s beginning of their comments. We will Amendment concerns and a revised 2001 plan make all submissions from By letter dated August 15, 2000, amendment (Administrative Record No. organizations or businesses, and from Montana sent to us a proposed MT–18–11). individuals identifying themselves as amendment to its plan (SPATS No. MT– Specifically, Montana proposes representatives or officials of 021–FOR, Administrative Record No. explanatory information in a letter dated organizations or businesses, available MT–18–01) under SMCRA (30 U.S.C. April 30, 2001 to address each of OSM’s for public review in their entirety. 1201 et seq.). Montana sent the concerns, in particular to explain where IV. Procedural Determinations amendment in response to the required Montana believes it retains authority to plan amendment at 30 CFR 926.21(a) implement its approved AMLR program Executive Order 12630—Takings and at its own initiative. The full text of (both emergency and non-emergency This rule does not have takings the plan amendment is available for you reclamation activities) for each deleted implications. This determination is to read at the locations listed above rule, where Montana intends to rely based on the analysis performed for the under ADDRESSES. upon Federal authority, that the 2001 counterpart Federal regulations. Montana proposed to delete its AMLR plan amendment supercedes anything rule definitions of ‘‘abandoned mine contained in earlier plans which may Executive Order 12866—Regulatory land reclamation fund,’’ ‘‘emergency,’’ conflict with subsequent revisions, and Planning and Review and ‘‘extreme danger,’’ at ARM 26.4.301 to list additional statutes which provide This rule is exempted from review by and its definitions of ‘‘abandoned mine AMLR authority. Montana has also the Office of Management and Budget land reclamation fund,’’ ‘‘emergency,’’ revised the AMLR plan to provide 2001 (OMB) under Executive Order 12866. ‘‘expended,’’ ‘‘extreme danger,’’ ‘‘fund,’’ updated information, delete obsolete ‘‘left or abandoned in either an Executive Order 12988—Civil Justice cites, change the State agency name to unreclaimed or inadequately reclaimed Reform the Department of Environmental condition,’’ ‘‘Montana abandoned mine Quality, provide missing pages, provide The Department of the Interior has reclamation program,’’ and ‘‘reclamation an organization chart for the Department conducted the reviews required by activities’’ at ARM 26.4.1231. Montana of Environmental Quality, and make section 3 of Executive Order 12988 and also proposed to delete the AMLR rules other editorial changes. has determined that, to the extent at ARM 26.4.1232 through 26.4.1242 allowable by law, this rule meets the and to rely instead on its AMLR plan III. Public Comment Procedures applicable standards of subsections (a) and on the statutory provisions at MCA Written Comments and (b) of that section. However, these 82–4–239, 82–4–371, and 82–4–445. standards are not applicable to the Montana proposed revisions to MCA Send your written comments to us at actual language of State AMLR plans 82–4–239 to reflect the reorganized the address given above. Your written and revisions thereof since each such duties of the Board of Environmental comments should be specific, pertain plan is drafted and promulgated by a Review and the Department of only to the issues proposed in this specific State, not by OSM. Decisions on Environmental Quality. Lastly, Montana rulemaking, and include explanations in proposed State AMLR plans and presented its 1995 reorganization plan support of your recommendations. In revisions thereof submitted by a State abolishing the Department of State the final rulemaking, we will not are based on a determination of whether Lands and creating the Department of consider or include in the the submittal meets the requirements of Environmental Quality. Administrative Record any comments Title IV of SMCRA (30 U.S.C. 1231– We announced receipt of the received after the time indicated under 1243) and the applicable Federal proposed amendment in the September DATES or at locations other than the regulations at 30 CFR Part 884. 25, 2000, Federal Register (65 FR Casper Field Office. 57581), provided an opportunity for a Executive Order 13132—Federalism public hearing or meeting on its Electronic Comments This rule does not have Federalism substantive adequacy, and invited Please submit Internet comments as implications within the meaning of public comment on its adequacy an ASCII, WordPerfect, or Word file Executive Order 13132. SMCRA (Administrative Record No. MT–18–06). avoiding the use of special characters delineates the roles of the Federal and Because no one requested a public and any form of encryption. Please also State governments with regard to the hearing or meeting, none was held. The include Attn: SPATS No. MT–021–FOR, regulation of surface coal mining and public comment period ended on your name and return address in your reclamation operations. One of the October 25,2000. Internet message. If you do not receive purposes of SMCRA is to establish a During our review of the amendment, a confirmation that we have received nationwide program to protect society we identified concerns relating to the your Internet message, contact the and the environment from the adverse deletion of Montana’s rules concerning Casper Field Office at (307) 261–6550. effects of surface coal mining non-emergency AML reclamation, the operations. Section 405 of SMCRA deletion of Montana’s rules concerning Availability of Comments authorized the creation of State emergency reclamation, the statutes We will make comments, including abandoned mine reclamation programs relating to Montana’s AMLR plan, cross- names and addresses of respondents, for the purpose of reclaiming and references and quotes in the Montana available for public review during restoring land and water resources plan which cited the deleted rules, and normal business hours. We will not adversely affected by past coal mining the reference to the former Department consider anonymous comments. If operations. Section 405(d) of SMCRA of State Lands, now the Department of individual respondents request specifies the criteria for the approval Environmental Quality. We notified confidentiality, we will honor their and disapproval of these State Montana of our concerns by letter dated request to the extent allowable by law. abandoned mine reclamation programs
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which are funded at 100% by grants Unfunded Mandates NPRM can be downloaded at the from the Federal government. This rule will not impose a cost of following World Wide Web address: http://www.fms.treas.gov/ach. National Environmental Policy Act $100 million or more in any given year on any governmental entity or the FOR FURTHER INFORMATION CONTACT: Walt No environmental impact statement is private sector. Henderson, Senior Financial Program required for this rule because agency Specialist, at (202) 874–6705 or decisions on proposed State AMLR List of Subjects in 30 CFR Part 926 [email protected]; Matthew plans and revisions thereof are Abandoned mine reclamation Helfrich, Financial Program Specialist, categorically excluded from compliance programs, Intergovernmental relations, at (202) 874–6754 or with the National Environmental Policy Surface mining, Underground mining. [email protected]; Natalie Act (42 U.S.C. 4332) by the Manual of H. Diana, Senior Attorney, at (202) 874– the Department of the Interior (516 DM Dated: May 21, 2001. Brent Wahlquist, 6680 or [email protected]; or 6, Appendix 8, paragraph 8.4B(29)). Donna Kotelnicki, Acting Director, Cash Regional Director, Western Regional Paperwork Reduction Act Coordinating Center. Management Policy and Planning Division, at (202) 874–6590 or This rule does not contain [FR Doc. 01–13802 Filed 5–31–01; 8:45 am] [email protected]. information collection requirements that BILLING CODE 4310–05–P require approval by OMB under the Dated: May 25, 2001. Paperwork Reduction Act (44 U.S.C. Kenneth R. Papaj, 3507 et seq.). DEPARTMENT OF THE TREASURY Deputy Commissioner. Regulatory Flexibility Act [FR Doc. 01–13789 Filed 5–31–01; 8:45 am] Fiscal Service BILLING CODE 4810–35–M The Department of the Interior has determined that this rule will not have 31 CFR 210 a significant economic impact on a substantial number of small entities Federal Government Participation in ENVIRONMENTAL PROTECTION under the Regulatory Flexibility Act (5 the Automated Clearing House— AGENCY U.S.C. 601 et seq.). The State submittal Extension of Public Comment Period which is the subject of this rule is based 40 CFR Part 271 on Federal regulations for which an AGENCY: Financial Management Service, [FRL–6938–9] economic analysis was prepared and Fiscal Service, Department of the Treasury. certification made that such regulations Maryland: Final Authorization of State ACTION: would not have a significant economic Notice of extension of public Hazardous Waste Management effect on a substantial number of small comment period. Program Revisions entities. Accordingly, this rule will SUMMARY: On April 12, 2001, the ensure that existing requirements AGENCY: Environmental Protection Financial Management Service (FMS) established by SMCRA or previously Agency (EPA). published a Notice of Proposed promulgated by OSM will be ACTION: Rulemaking (NPRM) proposing to revise Proposed rule. implemented by the State. In making the the regulation, 31 CFR part 210, determination as to whether this rule SUMMARY: Maryland has applied to EPA governing the use of the Automated would have a significant economic for Final authorization of changes to its Clearing House (ACH) system by impact, the Department relied on the hazardous waste program under the Federal agencies (66 FR 18888). The data and assumptions in the analyses for Resource Conservation and Recovery proposed revisions address the the corresponding Federal regulations. Act (RCRA). EPA proposes to grant such conversion of checks to ACH debit Final authorization to Maryland. In the Small Business Regulatory Enforcement entries at Federal agency points-of- ‘‘Rules and Regulations’’ section of this Fairness Act purchase and at lockbox locations Federal Register, EPA is authorizing the This rule is not a major rule under 5 where payments to Federal agencies are changes by an immediate final rule. EPA U.S.C. 804(2), the Small Business sent. The proposed revisions also did not make a proposal prior to the Regulatory Enforcement Act. This rule: address the origination by agencies of immediate final rule because we believe (a) Does not have an annual effect on the ACH debit entries authorized over the this action is not controversial and we economy of $100 million; (b) will not Internet. FMS requested that public do not expect comments that oppose it. cause a major increase in costs or prices comments on the proposed revisions be We have explained the reasons for this for consumers, individual industries, submitted by July 11, 2001. In response authorization in the preamble to the geographic regions, or Federal, State or to requests by several parties for an immediate final rule. Unless we get local governmental agencies; and (c) extension of the comment deadline, written comments which oppose this does not have significant adverse effects FMS is extending the comment period authorization during the comment on competition, employment, to July 31, 2001. period, the immediate final rule will investment, productivity, innovation, or DATES: Comments will be accepted become effective on the date it the ability of U.S.-based enterprises to through July 31, 2001. establishes, and we will not take further compete with foreign-based enterprises. ADDRESSES: Comments may be sent action on this proposal. If we get This determination is based on the fact electronically to comments that oppose this action, we that the State submittal which is the [email protected]. Comments will withdraw the immediate final rule, subject of this rule is based on may also be mailed to Donna Kotelnicki, and it will not take effect. We will then counterpart Federal regulations for Acting Director, Cash Management respond to public comments in a later which an analysis was prepared and a Policy and Planning Division, Financial final rule based on this proposal. You determination made that the Federal Management Service, U.S. Department may not have another opportunity for regulation was not considered a major of the Treasury, Room 420, 410 14th comment. If you want to comment on rule. Street, SW., Washington, DC 20227. The this action, you must do so at this time.
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DATES: Send your written comments by coordinates. The coordinates for Authority: 47 U.S.C. 154, 303, 334 and 336. July 2, 2001. Channel 292A at Simpsonville are 34– § 73.202 [Amended] ADDRESSES: Send written comments to 44–13 North Latitude and 82–15–16 Carol Johnson, Mailcode 3WC21, RCRA West Longitude. In accordance with Section 73.202(b), the Table of FM State Programs Branch, U.S. EPA Region Section 1.420(i) of the Commission’s Allotments under South Carolina is III, 1650 Arch Street, Philadelphia, PA Rules, we will not accept competing amended by removing Newberry, 19103–2029, Phone number: (215) 814– expressions of interest for the use of Channel 292C3, and adding 3378. You can examine copies of the Channel 292A at Simpsonville, South Simpsonville, Channel 292A. materials submitted by Maryland during Carolina. Federal Communications Commission. normal business hours at the following DATES: Comments must be filed on or John A. Karousos, locations: EPA Region III, Library, 2nd before July 2, 2001, reply comments on Chief, Allocations Branch, Policy and Rules Floor, 1650 Arch Street, Philadelphia, or before July 17, 2001. Division, Mass Media Bureau. PA 19103–2029, Phone number: (215) ADDRESSES: Federal Communications [FR Doc. 01–13715 Filed 5–31–01; 8:45 am] 814–5254; or Maryland Department of Commission, Washington, DC 20554. In BILLING CODE 6712–01–U the Environment, Waste Management addition to filing comments with the Administration, Hazardous Waste FCC, interested parties should serve the Program, 2500 Broening Highway, petitioner, or its counsel or consultant, DEPARTMENT OF TRANSPORTATION Baltimore, Maryland 21224, Phone as follows: Robert Lewis Thompson, number (410) 631–3345. If you are Esq., Thiemann, Aitken, et al., L.C., 908 National Highway Traffic Safety interested in examining copies at the King Street, Suite 300, Alexandria, Administration Maryland Department of the Virginia 22314 (Counsel for Petitioner). Environment, please contact Mr. FOR FURTHER INFORMATION CONTACT: 49 CFR Part 571 Edward Hammerberg. Sharon P. McDonald, Mass Media [DOT Docket No. NHTSA–01–9765] FOR FURTHER INFORMATION CONTACT: Bureau, (202) 418–2180. Carol Johnson, Mailcode 3WC21, RCRA SUPPLEMENTARY INFORMATION: This is a RIN 2127–AE59 State Programs Branch, U.S. EPA Region synopsis of the Commission’s Notice of III, 1650 Arch Street, Philadelphia, PA Proposed Rule Making, MM Docket No. Federal Motor Vehicle Safety 19103, Phone number (215) 814–3378. 01–110, adopted May 2, 2001, and Standards; Radiator and Coolant SUPPLEMENTARY INFORMATION: For released May 11, 2001. The full text of Reservoir Caps, Venting of Motor additional information, please see the this Commission decision is available Vehicle Coolant Systems immediate final rule published in the for inspection and copying during AGENCY: National Highway Traffic ‘‘Rules and Regulations’’ section of this normal business hours in the FCC Safety Administration (NHTSA), DOT. Federal Register. Reference Information Center (Room ACTION: Notice of proposed rulemaking Dated: January 17, 2001. CY–A257), 445 12th Street, SW., (NPRM). Bradley M. Campbell, Washington, DC. The complete text of Regional Administrator, Region III. this decision may also be purchased SUMMARY: In this document, we from the Commission’s copy contractor, [FR Doc. 01–13777 Filed 5–31–01; 8:45 am] (NHTSA) propose a new Federal motor International Transcription Service, BILLING CODE 6560–50–U vehicle safety standard regulating new Inc., (202) 857–3800, 1231 20th Street, radiator caps and coolant reservoir caps, NW., Washington, DC 20036. and new passenger cars, multipurpose Provisions of the Regulatory passenger vehicles and light trucks with FEDERAL COMMUNICATIONS Flexibility Act of 1980 do not apply to COMMISSION such caps. We believe that this new this proceeding. standard, if implemented, would result Members of the public should note 47 CFR Part 73 in fewer scald injuries that occur when that from the time a Notice of Proposed people attempt to remove caps from [DA 01–1198; MM Docket No. 01–110, RM– Rule Making is issued until the matter motor vehicle radiators or coolant 9927] is no longer subject to Commission reservoirs that are under high pressure consideration or court review, all ex and contain hot fluids. However, this Radio Broadcasting Services; parte contacts are prohibited in Newberry and Simpsonville, SC rulemaking would not require that Commission proceedings, such as this radiator caps or coolant reservoir caps AGENCY: Federal Communications one, which involve channel allotments. be provided on any motor vehicle. See 47 CFR 1.1204(b) for rules Commission. DATES: You should submit your ACTION: Proposed rule. governing permissible ex parte contacts. For information regarding proper comments early enough to ensure that SUMMARY: The Commission requests filing procedures for comments, see 47 Docket Management receives them not comments on a petition filed by CFR 1.415 and 1.420. later than July 31, 2001. Upstate-Carolina Broadasting Company, ADDRESSES: You should mention the List of Subjects in 47 CFR Part 73 LLC, proposing the downgrade of docket number of this document in your Channel 292C3 to Channel 292A at Radio broadcasting. comments and submit your comments Newberry, the reallotment of Channel For the reasons discussed in the in writing to: Docket Management, 292A from Newberry to Simpsonville, preamble, the Federal Communications Room PL–401, 400 Seventh Street, SW., South Carolina, and the modification of Commission proposes to amend 47 CFR Washington, DC 20590. Station WGVC(FM)’s construction Part 73 as follows: You may call the Docket at 202–366– permit accordingly. Channel 292A can 9324. You may visit the Docket from 10 PART 73—RADIO BROADCAST a.m. to 5 p.m., Monday through Friday. be reallotted to Simpsonville in SERVICES compliance with the Commission’s FOR FURTHER INFORMATION CONTACT: minimum distance separation 1. The authority citation for Part 73 For non-legal issues, you may call Mr. requirements at city reference continues to read as follows: Kenneth O. Hardie, Office of Crash
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Avoidance Standards at (202) 366–6987. E. Regulatory Flexibility Act scalded, possibly severely. We know His FAX number is (202) 493–2739. F. National Environmental Policy Act that such incidents are not uncommon. For legal issues, you may call Ms. G. Paperwork Reduction Act Over the years, we have received letters Dorothy Nakama, Office of the Chief H. National Technology Transfer and Advancement Act from the public and from medical Counsel at (202) 366–2992. Her FAX I. Unfunded Mandates Reform Act of 1995 personnel at hospital burn-care facilities number is (202) 366–3820. J. Plain Language reporting of such incidents, encouraging You may send mail to both of these K. Regulation Identifier Number (RIN) us to establish a safety standard for officials at National Highway Traffic radiator caps. Also, we have collected Safety Administration, 400 Seventh St., Proposed Regulatory Text data documenting these events. 1 S.W., Washington, DC 20590. I. Background—What Safety Need Does In order to prevent scald injuries to SUPPLEMENTARY INFORMATION: This Proposed Rule Address? persons resulting from opening radiator caps of engine systems that are hot and I. Background—What Safety Need Does This Until the late 1950’s, the liquid-based Proposed Rule Address? under pressure, NHTSA proposes to cooling systems on passenger car regulate radiator and coolant reservoir II. Has NHTSA Previously Addressed the engines did not operate under pressure. Issue of Regulating Radiator Caps? caps (if provided) on certain new III. Why is NHTSA Proposing Rulemaking The low horsepower, low compression vehicles, and to regulate new radiator Now? engines of these earlier cars did not and coolant reservoir caps themselves. A. The Petition from Mr. John Giordano develop the tremendous amount of heat B. Mr. Giordano’s Radiator Cap Scald of present day engines and the coolant II. Has NHTSA Previously Addressed Incidence Data generally stayed below the boiling the Issue of Regulating Radiator Caps? C. NHTSA’s Analysis of Injury Data from point. If those older systems were kept Today’s rulemaking is not the first Mr. Giordano clean and in good mechanical time we have sought comment on a IV. June 1993 Request for Comment and condition, they had an excess of cooling Public Comments in Response safety standard for radiator caps. On capacity. Under those conditions, October 14, 1967 (32 FR 14282), we V. July 1993 Agreement with Consumer cooling system troubles were rarely Product Safety Commission for More issued an Advance Notice of Proposed Research experienced. Rulemaking, setting forth requirements As the result of the advent of engines A. Using CPSC Data to Determine a Need we were considering proposing for with increased horsepower, smaller for Safety radiator caps on passenger cars, radiators, higher thermostat opening B. Results of the CPSC Data Collection multipurpose passenger vehicles, trucks temperatures, and emissions controls, Effort and buses. One provision would have VI. 1998 Hospitalization Data from Two much more heat can accumulate in the required a means for relieving radiator Regional Burn Centers engines of cars and the other types of pressure, such as an intermediate step VII. Notice of Proposed Rulemaking light vehicles common today. These that must be taken before the cap could A. CPSC and Other Data Show a Safety vehicles include trucks, vans, and sport Need to Regulate Caps utility vehicles with a Gross Vehicle be disengaged from the radiator filler B. Major Provisions of the Proposed Weight Rating (GVWR) of 4536 kg neck. We also considered requirements Standard (10,000 pounds) or less. At the same that would have prevented any 1. The New Standard Would Apply to New replacement pressure cap from having a Vehicles 4,536 Kg (10,000 Pounds) time, today’s engines have less engine surface to dissipate the heat into the pressure relief rating higher than the GVWR or Less relief rating of the cap initially supplied 2. The New Standard Would Apply to atmosphere. To eliminate the heat Original Caps and Replacement Caps build-up problem, the pressurized by the vehicle manufacturer, and would 3. Performance Requirements for Caps cooling system was developed. The have required distinct and durable 4. Manually Operated Pressure Release radiator caps in these pressurized markings identifying the pressure rating Mechanism on the Vehicle systems function to provide an opening of the cap. Commenters on the October 5. Manually Operated Pressure Release so that liquid cooling fluid can be added 1967 notice stated that vehicle Mechanism on the Cap to the cooling systems as needed and to manufacturers worldwide had already C. Why We Propose Applying the Rule to designed their coolant reservoir systems Vehicles 4,536 Kg (10,000 Pounds maintain the design pressure in the systems. so that an intermediate step must be GVWR) or Under Only taken before the cap can be disengaged. D. Why We Propose a Standard Based on During operation, a motor vehicle Pressure, Not Temperature engine becomes very hot. Motor vehicle Based on those comments, we E. Performance Requirements for Radiator engine cooling fluid (also known as concluded that the problems that could Caps and Coolant Reservoir Caps coolant) can reach temperatures as high result from removing a radiator cap from F. Compatibility Issues for New Caps/Old as 118 to 129 degrees Celsius (245 to a coolant reservoir system under Vehicles and New Vehicles/Old Caps 265 degrees Fahrenheit) and pressure pressure were being solved by the G. Testing Procedures for the New Caps levels as high as 110 to 117 kilopascals automotive industry. Among the steps H. Testing Procedures for the New Vehicles (kPa) (16–17 pounds of pressure per being taken were the placement of a I. ‘‘DOT’’ Symbol and Manufacturers’’ warning on the caps, designing the two- Maximum Pressure Rating for Each square inch). Under such high Radiator Cap and Coolant Reservoir Cap temperature and pressure conditions, a 1 Scalds result from contact with hot liquids and J. Why We are Not Proposing Warning person’s removal of a standard radiator vapors. Burns are caused by contact with hot dry Labels cap will allow hot fluid and steam to objects. The effects of scalds and burns are similar. K. Additional Issues rush out of the neck of the radiator. In first-degree burns, the damage is limited to the VIII. Leadtime When the system is under pressure, outer layer of the skin, resulting in redness, IX. Rulemaking Analyses and Notices warmth, an occasional blister, and tenderness. Mild especially high pressure, removing a sunburn is an example of a first-degree burn. In A. Executive Order 12866; DOT Regulatory radiator cap can cause it to ‘‘explode;’’ Policies and Procedures second-degree burns, the injury goes through the B. Executive Order 13132 (Federalism) i.e., the cap can be forcibly ejected or outer layer and involves the deeper layers of skin, dislodged from the neck of the radiator causing blisters. In third-degree burns, the full C. Executive Order 13045 (Economically thickness of skin is destroyed and a charred layer Significant Rules Affecting Children) in some way. A person close to the of seared tissue is exposed. The seriousness of a D. Executive Order 12778 (Civil Justice radiator may be sprayed with the hot burn depends on the amount of skin burned, the Reform) fluid or steam that is ejected, and be location of the burn, and the depth of the burn.
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step operation into caps so that pressure (a) reducing medical costs in the radiators, 111 (76 percent) of the is released prior to cap removal, and amount of $1,000,000,000 annually to automobiles involved were using other coolant system designs that potential burn victims and to the manufactured by General Motors. Other minimized the likelihood of escaping general population if potential burn automobiles associated with the radiator steam and/or fluid coming in contact victims cannot afford to pay such costs; injuries were manufactured by Ford (15 with a person. Accordingly, on January (b) reducing costs to domestic percent), Chrysler (5 percent), and 25, 1972 (37 FR 1120), we suspended industry by $84,000,000 annually due to American Motors (3 percent). Radiator rulemaking, stating ‘‘After consideration lost time from employee burn victims burns from imported and other of the available information, it has been seeking medical after care; automobiles resulted in one percent of determined that sufficient justification (c) reducing automakers’ product the injuries. The Ward-Hammond article for regulations of the nature proposed liability insurance premiums by over stated that, among the General Motors has not been shown at this time.’’ $2,000,000 annually to settle radiator cars involved, the coolant system design Regarding its decision in January 1972 cap injury claims, thereby reducing included an overflow/reservoir into to suspend rulemaking, the agency costs to the consumer for the purchase which liquid can be added. The article commented in a Federal Register notice of new vehicles; and noted that on General Motors cars, there of June 10, 1993 (58 FR 32504) that: (d) reducing product liability of was also a cap on top of the radiator, manufacturers of antifreeze, radiators, That decision was not further explained, and the injured person did not seem to but commenters to the ANPRM had stated radiator caps and associated products. recognize the overflow reservoir as the that the intermediate step before the radiator Mr. Giordano stated that the new rule proper place to fill the system. Injury cap was disengaged had already been would be appropriate for any motor was often incurred when the person designed into the cooling systems of virtually vehicle that uses a water-cooled engine opened the wrong cap and was sprayed all vehicle manufacturers throughout the and would be compatible with heat with super-heated liquid. The article world. Thus, NHTSA may have been storage battery technology. Mr. further stated that, of the General persuaded that any problems caused by Giordano also estimated that a new rule Motors cars, the models most often removing radiator caps from overheated would not have an adverse economic involved were made between 1970 and radiators had been solved by the automotive impact on motor vehicle manufacturers, industry, therefore rulemaking on that issue 1975. The article did not suggest any was not necessary. (See 58 FR at 32506.) since it would cost less than 15 cents design reasons for why GM cars were per vehicle for manufacturers to comply seemingly overrepresented, stating: ‘‘It III. Why Is NHTSA Proposing if his suggested rule were adopted. is not known if General Motors Rulemaking Now? B. Mr. Giordano’s Radiator Cap Scald automobiles are more often involved Incidence Data because of the design of the cooling A. The Petition From Mr. John Giordano system caps, or if their cars are more In April 1992, we received a petition In support of his assertion that there prone to overheating during normal submitted by Mr. John Giordano, are over 100,000 scald incidents performance.’’ The article stated that the suggesting the establishment of a new resulting from radiator cap removals percentage of General Motors cars safety standard that would result in the each year in the United States and that among the total automobile population use of thermal locking safety radiator these incidents are increasing, Mr. ‘‘is not known’’ and did not hypothesize caps. Mr. Giordano brought to our Giordano submitted four medical why MY 1970–75 cars were most often attention the RadLock thermal locking journal articles, and a letter from the involved in radiator-associated injuries radiator cap. The new safety standard Burn Special Projects Coordinator at the involving General Motors cars. that he suggested would prevent the Washington Hospital Center Burn Mr. Giordano also provided a May 20, accidental scalding of persons who Center in Washington, DC. (The four 1992 letter from Mr. Mark S. Lewis, MS, hastily open the cap of a hot motor articles and the letter may be reviewed RRT, Burn Special Projects Coordinator vehicle radiator. Mr. Giordano in the DOT Docket cited in the heading at the Washington Hospital Center Burn recommended that the standard state of this notice of proposed rulemaking). Center, in Washington, D.C. Mr. Lewis the following: The most relevant and informative provided information on both the article was authored by Dr. C. G. Ward Any new vehicle sold in the U.S. with a Washington D.C. Center and a center in and Dr. J.S. Hammond of the University Baltimore, Maryland. Mr. Lewis water-cooled engine shall be equipped with of Miami School of Medicine (Ward- a radiator cap which can automatically lock provided the following estimates: when the coolant is at a temperature of 125 Hammond article). The article stated 2.5 million burn accidents occur each degrees F. or greater, thereby preventing it that, during a three-year period from year in the United States. from being turned open. The cap shall unlock January 1979 through December 1981, a 70,000 burn-related injuries annually when the temperature of the coolant falls total of 86 patients (an average of 29 a will require hospitalization. below 125 degrees F. to allow safe opening. year) with radiator-associated injuries 21,000 burn-related injuries (30 In support of his petition, Mr. Giordano required hospital admission to the percent of the 70,000) will require care asserted the following— University of Miami/Jackson Memorial that can be provided only by a burn (1) Despite safety education and Burn Center.2 The article stated that center. warning labels, radiator cap scald twice that number of patients (an In 1987, scalds were 14 percent of all incidents are increasing, and will average of 58 per year) were treated, but burn admissions to the Washington continue to increase as vehicle use rises. not hospitalized, during that three-year Burn Center, and 20 percent of all burn (2) Every year, over 100,000 radiator period for radiator-associated injuries. admissions to the Baltimore Center. cap scald incidents occur in the U.S., The Ward-Hammond article stated In 1988, scalds were 16 percent of all resulting in over 20,000 victims that of 146 treated injuries caused by burn admissions to the Washington requiring treatment at hospital Burn Center, and 25 percent of all burn emergency rooms and burn care 2 NHTSA believes that cap and filler neck designs admissions to the Baltimore Center. facilities. are relatively unchanged from the time in which In 1989, scalds were 19 percent of all this and the other medical journal articles were (3) Issuing a radiator cap safety written and injury data were collected. For this burn admissions to the Washington regulation would result in a significant reason, we believe the data and conclusions in the Burn Center; the percentage for the economic benefit to society by: articles are still relevant today. Baltimore Center was unknown.
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In 1990, scalds were 18 percent of all Mr. Giordano also stated his belief Mr. Giordano’s petition, we published a burn admissions to the Washington that the adoption of a new safety ‘‘Request for Comments’’ document in Burn Center; the percentage for the standard resulting in the use of thermal the Federal Register, requesting Baltimore Center was unknown. locking safety radiator caps would comment on the feasibility of and Approximately 10 percent of scald reduce medical costs by one billion necessity for rulemaking to prevent injuries in the District of Columbia can dollars annually, but provided no scald injuries by requiring thermal be attributed to removing automotive information in support of this belief. locking radiator caps or other devices on radiator caps. The Ward-Hammond article, however, motor vehicles with water-cooled stated that the average length of Mr. Lewis did not indicate whether engines. (June 10, 1993; 58 FR 32504.) hospitalization for burn injuries was ten the scald and burn-related injuries, In the notice, NHTSA asked for data that days. Mr. Giordano also provided no including those that would require care would assist the agency in determining cost data to support his claim that the that can only be treated at a burn center, the validity of Mr. Giordano’s claims. establishment of a new standard would were second or third degree burns. He NHTSA specifically asked the public for reduce by $84 million the costs to noted that the scald rates stated above comment on the following seven issues: domestic industry annually due to lost 1. Is accidental scalding from sudden are derived from actual numbers, time from employee burn victims removal of the radiator cap from an representing the percentage of burn seeking medical care. Although the overheated motor vehicle engine a patient admissions and that the scald Ward-Hammond article stated that a significant national safety problem? rate would be different if outpatient work loss of two to four weeks was 2. What information is available burns were tabulated. Mr. Lewis further typical for their study group, the article regarding the number and seriousness of noted that the Washington Hospital did not convert this loss into dollar accidental scaldings from overheated Center Burn Center receives a number of figures. Mr. Giordano also provided no radiators? outpatients who were burned by hot data to support his claim that 3. Would thermal locking radiator liquid or steam from an exploding automakers’ product liability insurance caps that automatically lock when the radiator cap, and that if these patients premiums would be reduced by $2 coolant temperature reaches 125 degrees were added to the total scald numbers, million annually to settle radiator cap Fahrenheit and unlock when the coolant the inclusion of these additional victims injury claims. temperature falls below 125 degrees would probably raise the percentage of Fahrenheit significantly reduce the C. NHTSA’s Analysis of Injury Data scalds attributable to radiator caps by a number of accidental scaldings that From Mr. Giordano few percentage points. result from removing the radiator caps Mr. Giordano also provided an April After carefully reviewing the from overheated engines? 13, 1992 letter from Mr. Peter A. submitted information, we concluded 4. If 125 degrees Fahrenheit is either Brigham, President of the Burn that Mr. Giordano’s data did not support too high or too low as the proper Foundation in Philadelphia, PA. his contentions that over 100,000 temperature to lock/unlock the radiator Writing in support of standards for radiator cap-related scald injuries occur cap, what would be the proper safety locking radiator caps, Mr. annually in the United States, and that temperature? Brigham noted that the Burn radiator cap-related scald injuries were 5. Are there other technologies Foundation maintains an injury cause increasing. We also saw no information currently available or under registry. Five (unspecified) burn centers that supported Mr. Giordano’s claims of development that would be helpful in participate in this registry. Mr. Brigham significant economic benefits to society reducing accidental radiator scaldings? noted that between one and a half and of more than a billion dollars in reduced 6. If NHTSA proposed a new FMVSS two percent of the patients admitted to medical costs. requiring thermal locking safety radiator a center that participates in the Burn We were concerned, however, that we caps or similar devices: Foundation’s registry were injured could find no data that would either a. Should such devices be required on when the ‘‘cap is prematurely opened support or refute the allegation that each all vehicles with water-cooled engines on a hot radiator.’’ For patients injured year 20,000 victims required treatment or just certain ones? by a cap prematurely opened on a hot in hospital emergency rooms and burn b. Should such devices be required on radiator, Mr. Brigham stated that the care facilities and that radiator cap- all new motor vehicles? ‘‘average cost of hospital treatment for related scald injuries were increasing. c. Would redesign of currently- the original admission of these patients Our review of highway safety literature, designed cooling systems be necessary? is over $30,000’’ (in 1992 dollars). Mr. including the National Safety Council’s d. What notices or warnings could or Brigham went on to state: ‘‘Accident Fact’’ publication, did not should be posted on new radiator caps cautioning people not to try to remove If these figures are a reasonable provide useful information on the total annual number of radiator cap-related the cap when the engine is hot? representation of the national experience, 7. What actions, or products, such as there are close to 400 burn center admissions scald incidents. We could not obtain each year resulting from car radiator scalds, useful data from automotive product- two-step caps, overflow reservoirs, with total acute care costs exceeding $10 related injury incidents tracked by the pressure relief valves, etc. are currently million. This figure of course does not U.S. Consumer Product Safety utilized by manufacturers to prevent include the costs of outpatient care, lost Commission (CPSC) in the 1970’s and radiator cap scald incidents? Are some wages, pain and suffering, and long-term 1980’s. products or designs more effective than disfigurement suffered by these patients. In order to more fully examine the others in that regard? Since burn centers admit only one-third of all issues raised in his petition, we issued We received 18 comments in severe burn patients, and several burns are a letter on March 23, 1993, granting Mr. response. Ten of the comments were treated in outpatient settings for every burn from automobile manufacturers and one patient admitted, we project that thousands Giordano’s petition for rulemaking. more patients with similar injuries are of their trade associations. Five of the IV. June 1993 Request for Comment and comments were from truck admitted to general hospitals or discharged Public Comments in Response from hospital emergency departments after manufacturers and their trade suffering less severe injuries involving the In order to obtain information to association or the trucking industry. same scenario. assess the validity of the assertions in Two comments were from radiator cap
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inventors or manufacturers. Finally, one Stant discussed its safety radiator cap 808 598, titled ‘‘Injuries Associated with comment was from a mechanical that uses the trademark ‘‘LEV–R– Specific Motor Vehicle Hazards: engineering firm. VENT,’’ which features a lever on the Radiators, Batteries, Power Windows, The public comments did not provide cap, providing a means of releasing and Power Roofs’’ (available for review information that established a safety system pressure through the overflow. in the DOT Docket cited in the heading need to commence a rulemaking to Stant concluded by offering its opinion of this notice of proposed rulemaking) establish a safety standard for thermal that rulemaking on new vehicles will that compiled the data from the CPSC’s locking radiator caps or other devices on produce no measurable safety effect for injury data collection effort. The motor vehicles with water-cooled at least 10 years after implementation, technical report includes estimates of engines to prevent scald injuries, nor based on typical overheating complaint the number of persons injured as a did they show that there was not any patterns. result of incidents involving motor safety problem. In their comments, most of the V. July 1993 Agreement With Consumer vehicle radiators. automobile manufacturers did not Product Safety Commission for More From October 1, 1993 through support a radiator cap standard. Jaguar Research September 30, 1994 (the period of the Cars Ltd. proposed as a possible A. Using CPSC Data To Determine a study), an estimated 19,638 persons solution, a radiator locking cap that Need for Safety were injured nationwide as a result of would ‘‘allow the release of pressure incidents involving motor vehicle and coolant at a specified maximum rate In 1993, we changed the status of action on Mr. Giordano’s petition from radiators. Of the 19,638 persons, about to a safe position under the vehicle until 77 percent (15,118 out of 19,638) were the system reaches a safe state.’’ Ford the ‘‘rulemaking phase’’ to the ‘‘research phase.’’ To gather more data on the injured as a result of activities Motor Company commented that the associated with the radiator cap. Almost relevant consideration is the coolant extent of scalds and other injuries resulting from radiator cap incidents, 73 percent of the radiator cap injuries system pressure, not coolant system (11,024 out of 15,118) resulted from temperature, and stated: ‘‘We firmly we entered into an interagency removing or attempting to remove the believe that controlling the cooling agreement with the Consumer Product cap from the radiator. Twenty five system pressure and proper relief of that Safety Commission (CPSC) in July 1993 pressure at cap removal is the key to to collect radiator cap-related injury percent of the radiator cap injuries providing our customers with a safe, data by using the CPSC’s National (3,794 out of 15,118) were described as efficient cooling system.’’ The trade Electronic Injury Surveillance System resulting from the radiator cap association then named the American (NEISS). NEISS is a CPSC-operated ‘‘exploding,’’ i.e., the cap being ejected Automobile Manufacturers Association national probability survey of hospital or dislodged from the neck of the (AAMA) (whose comments General emergency departments that monitors radiator in some way. These situations Motors Corporation joined in drafting) consumer products involved in injury- mainly involved stationary vehicles. stated that although it did not see an producing incidents. NEISS enables However, when the vehicle was moving, immediate need for regulation, it CPSC to make national estimates of the vehicle movement, coupled with appeared that the venting of cooling number, type and severity of injuries excessive radiator pressure, may have system pressure prior to complete associated with specific consumer contributed to the incidence of radiator radiator cap removal is the most products. NEISS is a three-level system cap ejection. The remaining 2 percent of effective and practical means of for collection of consumer product- the radiator cap injuries (330 out of reducing accidental spills. The AAMA related injury data from a current 15,118) occurred while persons were also estimated that the cost of a thermal- sample of 91 of the 6,127 hospitals attempting to put the cap on the nationwide with at least six beds that locking radiator cap was close to $.50. radiator, or because a loose, untightened provide emergency care 24 hours a day. The commenters from truck or badly fitting cap allowed the radiator The three levels of NEISS data manufacturers and the trucking industry to boil over. did not see a significant problem of collection are: surveillance of scalds and burns sustained in the emergency room injuries; follow-up Regarding the types of vehicles in removal of radiator caps. The American telephone interviews with injured which the radiator cap injuries were Trucking Associations suggested that persons or witnesses; and more incurred, passenger cars represented 91 any NHTSA-collected radiator cap comprehensive, on-site investigations percent of the cases, pickup trucks injury data be used to separately with injured persons and/or witnesses. approximately 7 percent of the cases, document injuries attributed to trucks One, two, or three levels of data and trucks and vans comprised the and buses from those resulting from collection are used by the CPSC as remaining cases. As for the model years passenger cars. primary data collection tools. of the vehicles involved, 65 percent of Two radiator cap manufacturers also Injury data were collected by CPSC the motor vehicles were 1980–89 model commented. One inventor suggested from October 1, 1993 to September 30, years, with 52 percent of these being that we require his company’s radiator 1994. The CPSC’s data collection effort model years 1980–84. About 26 percent cap, which contains a heat resistant was completed and the resulting data of the incidents involved 1975–79 handle. Stant Manufacturing Inc., a were delivered to the NHTSA’s National models, about 8 percent involved manufacturer of radiator caps for Center for Statistics and Analysis models older than 1975, and less than vehicle manufacturers and for (NCSA) in early 1995. 1 percent involved newer vehicles, i.e., aftermarket use, also commented. Stant model years 1990–94. The following stated that after reviewing its customer B. Results of the CPSC Data Collection complaint files and product litigation Effort table provides information (by vehicle files, it found fewer than five reported In November 1997, the NCSA model year) on persons injured by radiator cap scald incidents per year. published a technical report, DOT HS motor vehicle radiator caps.
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RADIATOR CAP-RELATED INJURIES DURING FY 1994 [By Model Year (MY) of the Motor Vehicles Involved]
MY Pre-1975 1975–1979 1980–1984 1985–1989 1990–1994 All MYs
Radiator Cap Injuries ...... 1,228 3,893 5,143 4,728 126 15,118 Percent of Total ...... 8 26 34 31 1 100
The small number of injuries (1 Johns Hopkins provided us with data population resulted in an estimated 11- percent) for MY–1990–1994 vehicles about a total of 48 patients who were year total of 5,239 scald burns from appears anomalous. We are not certain admitted with scald burns from radiator radiator caps, or an estimated 476 how to account for the small number for caps during the period July 1, 1987 to radiator cap scald cases annually MY 1990–1994. One possible June 30, 1998, and who required an in- throughout the United States requiring explanation is that these newer vehicles patient stay at its institution. The data burn center hospitalization. experienced fewer mechanical failures included the following information We also examined UCSD data for the overall, including fewer problems with about its patients: admission by year 20-month period from January 1996 to engine and coolant reservoir and month; age; gender; total body August 1997, and made another overheating and fewer malfunctioning surface area (TBSA) burned, as a estimate of the national incidence of radiator caps. Also, not all MY 1994 percentage of the entire body; severity of radiator cap scald injuries requiring vehicles were taken into account burn (i.e., first, second, or third degree); hospitalization. We used UCSD’s eight because the CPSC data collection period hospital length of stay (in days); total reported radiator scald injuries during ended in September 1994, by which number of surgical procedures for skin this period requiring hospital stays and time not all MY 1994 vehicles were sold grafting; total hospital room charges. applied it to the estimated 1998 and on the road. We are not aware of There were roughly the same number of population for the San Diego MSA of any industry-wide coolant system admissions per year (five to six) for the 2,723,000. We then projected the scald design changes introduced around 1990 years 1988 through 1995. From 1996 burn hospitalization incidence from the that would have significantly affected through 1998, two or three patients per San Diego MSA to the national the number of radiator-related injuries. year were admitted. There were 40 male population, and arrived at an estimated patients and 8 female patients ranging annual national incidence of radiator Scalding from hot radiator fluid or in age from less than one year old to 86 cap scald burn hospitalization of 476 steam released from the radiator injured years. (The less than one year old infant cases, the same number derived from almost 91 percent of those whose was held by a person opening a radiator the Johns Hopkins data. injuries involved radiator caps. The cap that ejected hot fluids. The 86 year Therefore, based on the estimates face, including eyes and nose, was the old was a female.) Nearly half of the from the Johns Hopkins University most severely injured body region for patients were between 16 and 35 years Baltimore Regional Burn Center and the nearly 38 percent of the persons whose of age. University of California San Diego injuries involved radiator caps, followed The UCSD provided us with data on Regional Burn Center, we project a by the lower arm (26 percent) and upper 8 patients admitted with scald burn national annual average of 476 radiator trunk (18 percent). Approximately 88 injuries from radiator incidents for the scald cases requiring burn center in- percent of the persons whose injuries period January 1996 to August 1997. patient hospitalization. involved radiator caps had moderately There were five males and three The Johns Hopkins and UCSD data, severe injuries, primarily first and/or females, ranging in age from 29 to 56 used to project an estimated 476 second degree scalds that did not years of age. The patients were radiator scald hospitalizations per year, generally require hospitalization. Nearly hospitalized, on average, for 6 days. do not give a complete picture of the 10 percent of the injured were so We used the Johns Hopkins and extent of injury to the American public seriously injured that they required UCSD data to project an estimated resulting from opening a radiator cap or hospitalization. The remaining persons, national average of burn center patients pressurized coolant reservoir cap on about 3 percent, received minor injuries. by calculating the estimated annual systems under high temperature and pressure. Since the Johns Hopkins and VI. 1998 Hospitalization Data From national average number of patients UCSD data are limited to injuries Two Regional Burn Centers within the Baltimore primary metropolitan statistical area (PMSA) and serious enough to require In 1998, NHTSA received updated San Diego metropolitan statistical area hospitalization, the data did not provide data from the Johns Hopkins University (MSA) and applying a factor to reach a any estimates of how often people Baltimore Regional Burn Center (Johns national estimate. The number of scalded by interactions with radiators Hopkins) and the University of patients (48) reported to be admitted by were treated at hospital emergency California San Diego Regional Burn Johns Hopkins from July 1, 1987 to June rooms, doctors’ offices or clinics, or had Center (UCSD), reporting about persons 30, 1998 was applied to the 1998 other medical treatment that did not scalded badly enough from interactions estimated population of the Baltimore involve hospitalization. with motor vehicle radiator caps to PMSA (from which most of the cases VII. Notice of Proposed Rulemaking require hospitalization. (Full details of came) of 2,475,000, and the estimated the Johns Hopkins and UCSD data may national population for 1998 of A. CPSC and Other Data Show a Safety be reviewed in NHTSA’s Regulatory 270,116,000 (based on data from the Need To Regulate Caps Analysis of ‘‘FMVSS No. 107 Radiator Statistical Abstract of the United States, The CPSC’s NEISS data showed that, and Reservoir Pressure Caps Motor 1998, U.S. Census Bureau, the Official in the United States from October 1, Vehicle Coolant System Venting’’, Statistics, September 16, 1998.) 1993 to September 30, 1994, an available in the DOT Docket cited in the Applying the burn incidence of the estimated 15,118 persons were injured heading of this notice.) Baltimore PMSA to the national (i.e., received scald burns extensive
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enough to require treatment in hospital 2. The New Standard Would Apply to 5. Manually Operated Pressure Release emergency rooms) as a result of Original Equipment Caps and Mechanism on the Cap activities relating to radiator caps. After Replacement Caps We also propose that cap reviewing Technical Report DOT HS The new standard would apply to manufacturers not be limited simply to 808 598 ‘‘Injuries Associated With original caps on new vehicles manufacture caps that lock above 14 Specific Motor Vehicle Hazards: manufactured after the effective date of kPa, but may also manufacture Radiators, Batteries, Power Windows the new standard and to replacement replacement radiator or coolant and Power Roofs,’’ and the 1998 caps intended for use on those vehicles. reservoir caps (which would have to updated data from Johns Hopkins lock under any pressure above 14 kPa) 3. Performance Requirements for Caps University Baltimore Regional Burn with a manually-operated pressure Center and the University of California For the vehicles subject to the release mechanism incorporated into San Diego Regional Burn Center, we standard, we would require that when the cap to reduce the cooling system have tentatively concluded that the correctly fitted, the caps lock and pressure below 14 kPa. This manually problem of removing a radiator cap from remain locked when the radiator or operated pressure release mechanism a hot radiator or a reservoir cap from a cooling reservoir system is at and above would permit fluid to flow from the coolant reservoir system under pressure 14 kilopascals (kPa) or 2 psi. Since the radiator or coolant reservoir system, has not been solved by the automotive pressure would be the same throughout thereby reducing the pressure in the industry as the agency had hoped when the system, we propose that the pressure system faster than would occur through it suspended radiator cap rulemaking in be measured at the cap. We would normal cooling of the system. Thus, further require that when the radiator or January 1972. NHTSA therefore there would be no need to wait for an reservoir cooling system pressure drops tentatively concludes that there is a extended period of time before the below 14 kPa, and the cap unlocks, radiator cap or the coolant reservoir cap safety need to establish a new Federal thereby becoming removable, the cap could be removed. We propose to motor vehicle safety standard to regulate may be removable only if it is subjected require that the fluids released by the radiator and coolant reservoir cap to a particular motion or series of operation of a pressure release performance. motions. The cap on a coolant reservoir mechanism be directed downward and B. Major Provisions of the Proposed system must be designed so that it is toward the center of the vehicle. This Standard necessary to rotate them requirement is intended to reduce the counterclockwise in order to remove likelihood of hot liquids or gases The following summarizes the major them. In addition, we propose that, to be contacting a person operating the provisions of NHTSA’s proposed removed, the cap on a radiator must first mechanism and also limit their contact standard on radiator caps and reservoir be pushed down towards the radiator, with individuals standing next to the caps: and then rotated counterclockwise. vehicle. The mechanism (e.g., lever) to Because most people are familiar with control venting may be located on the 1. The New Standard Would Apply to these motions from previous experience radiator cap or the reservoir cap. New Motor Vehicles 4,536 Kg (10,000 with child-proof caps on bottles, most However, to prevent operation of the Pounds) GVWR or Less radiator caps and many pressurized mechanism from venting the system in reservoir caps, we tentatively conclude If made final, the standard would any manner or location that would that labels or instructions would not be injure the person actuating it, the vented apply to new motor vehicles (except necessary to inform people how to fluids would not be permitted to vent or trailers and motorcycles) with a gross remove the radiator cap. Nevertheless, leak through the cap itself. vehicle weight rating of 4536 kg (10,000 we request comments on this point. As is the case for the manually pounds) or less with liquid-based operated pressure release mechanism 4. Manually Operated Pressure Release engine cooling systems and with for the vehicle, we propose that the Mechanism on the Vehicle reservoir caps on pressurized coolant standard specify that the venting outlet, reservoir tanks or with radiator caps. We further propose that, at the option connected to the radiator or its cap or However, the new standard would not of the vehicle manufacturer, a manually coolant reservoir or its cap, direct the require vehicles to have reservoir caps operated pressure release mechanism venting of the fluids downward and or radiator caps. may be provided on the cooling system toward the center of the vehicle. This If such new vehicles have either of a new motor vehicle subject to the should have the effect of preventing reservoir caps for pressurized coolant standard. We do not propose to specify venting liquid or steam from spraying reservoir tanks or radiator caps, the the location on the vehicle for the toward a person’s face, hands or upper vehicles must be designed to pressure release mechanism (e.g., lever), body, and reducing the likelihood of but would specify that the vehicle on accommodate both original equipment venting onto the ground in such a way which the venting would be provided and replacement radiator caps or that a person’s feet or legs would be must have a venting outlet that directs reservoir caps that meet the new sprayed. the venting of any liquid or gas Our reasons for proposing each of standard. Customers could tell whether downward and toward the center of the these provisions are described below. a new vehicle meets the standard or not vehicle. Requiring that the venting be so because vehicles that meet the new directed would reduce the likelihood of C. Why We Propose Applying the Rule standard would have radiator or the liquid or gas contacting the person Only to Vehicles 4,536 Kg (10,000 reservoir caps with ‘‘DOT’’ markings on operating the manual pressure release Pounds) GVWR or Less them. Each radiator cap and each mechanism. This would not only In the one-year period studied, fiscal reservoir cap that meets the new prevent the venting liquid or steam from year 1994, the CPSC’s NEISS data files standard would be marked with ‘‘DOT’’ spraying toward a person’s face, hands document only one hot radiator fluid and the manufacturer’s maximum or upper body, but would also reduce scald injury from a motor vehicle with pressure rating for the cap. the likelihood that a person’s feet or legs a GVWR over 4,536 kg (10,000 pounds). would be sprayed. We have no information explaining why
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such a low incidence rate was Giordano’s suggestion might result in this rulemaking on manufacturers, we documented for vehicles over 4,536 kg persons’ not being able to add radiator propose that the cap locking pressure be (10,000 pounds) GVWR. However, since fluid (because of a locked cap) in established at 14 kPa (2 psi) or more. there does not appear to be a safety need circumstances in which there is no E. Performance Requirements for to regulate them, we are not proposing danger of hot liquid or steam being Radiator Caps and Reservoir Caps to include vehicles over 4,536 kg GVWR ejected from the coolant system during in this rule. cap removal. We are seeking public comment on We are also not proposing that It should also be noted that a thermal whether to establish two separate safety motorcycles be included in this rule locking cap could be defeated by requirements governing the removal of because we do not have any data placing cold material on the cap. This radiator caps. The first requirement showing that removing radiator caps on could cause localized cooling and allow (which would be applicable to both very hot motorcycle systems is a safety the cap to be released while the cooling radiator and coolant reservoir caps) problem. As stated earlier, when the system remains hot and pressured. would be that the cap lock and remain CPSC’s injury data collection effort was In order to determine the pressure at locked at or above a pressure of 14 kPa reviewed to determine the types of (or above) which caps should lock in or 2 psi. The proposal would not vehicles in which the radiator cap order to prevent motorists from being preclude any cap or vehicle injuries were incurred, we found that scalded, NHTSA’s Vehicle Research and manufacturer from producing a cap that passenger cars represented 91 percent of Test Center (VRTC) in East Liberty, Ohio locks at pressures below 14 kPa. The the cases, pickup trucks, approximately conducted tests that measured various second requirement (applicable only to 7 percent of the cases, and trucks and radiator pressures, and observed the radiator caps) would be that even when vans, the remaining cases. amount of fluid that was released at the pressure is at or below that pressure, We welcome any information or data each of these pressures when the caps the cap shall not be removable by that would show whether removing were removed. VRTC performed 14 rotation only. Radiators would be radiator caps on very hot motorcycle radiator pressure release tests using a required to be designed so that removal systems or very hot systems on vehicles 1988 Ford Mustang. The tests were of a cap would be possible only by that have a GVWR over 4,536 kg is a performed by running the engine until simultaneously pressing down on the safety problem. If anyone has it attained its full operating temperature cap and rotating it counterclockwise. information showing that there is a and pressure. The engine was then We are seeking comment on requiring potential for scald injuries with turned off and the length of time this two-motion process because it removing cooling system caps on required for the pressure in the cooling might help to reduce injuries associated motorcycle cooling systems or removing system to drop to specified pressure with cap removal when the radiator cooling system caps on vehicles over levels was recorded. contents are not quite hot enough to 4,536 kg GVWR, we request that that The highest pressure achieved during create the pressure necessary for the cap person also submit suggestions about the tests was 15.3 psi. The time required to lock. requirements and test procedures for for the pressure to drop from 15.3 psi to As a result of the 1967 Advance removing radiator caps and coolant 3 psi was 22 minutes, 30 seconds. Notice of Proposed Rulemaking (32 FR reservoir caps from motorcycles or During these tests, the radiator cap was 14282; October 14, 1967) on radiator vehicles over 4,536 kg GVWR. removed when the pressure was caps, we learned that the industry measured at 1, 2, 3, 4, 5 and 6 psi. The standard for the method of removing a D. Why We Propose a Standard Based discharge of fluid from the radiator radiator cap was the two-motion process on Pressure, Not Temperature when the cap was removed at each of described in the immediately preceding Mr. Giordano had suggested requiring those pressure levels was documented paragraph. However, we have no all new vehicles to be equipped with a by the use of a video camera. Nine tests information indicating that this two- radiator cap that automatically locks were performed with a full radiator. motion process is used for caps on when the coolant is at a temperature of Five tests were performed with 1500 coolant reservoir systems also. 125 degrees Fahrenheit (51.6 degrees milliliters of fluid removed from the As indicated in the questions raised Celsius) or greater. For the following radiator. The videotape showed that in Section K of this notice of proposed reasons, we tentatively conclude that after radiator cap removal, the least rulemaking, public comment is sought the locking requirement for caps should amount of fluid was released when the on whether the described motions are be based on pressure, instead of radiator pressure was at 1 and 2 psi. used by industry to open both radiator temperature. Although the temperature Documentation of the VRTC testing has caps and coolant reservoir caps, and of fluid in the radiator is related to the been placed in the DOT Docket cited in whether specifying the two-motion safety problems addressed by this the heading of this notice. process would impose a new regulatory proposal, we believe the more important While we believe the safest cap would burden with no safety benefit. safety consideration in providing a be one that locks at the lowest pressure, Comments on whether any motions solution to radiator-related scalds is the data from a 1994 Stant Manufacturing, should be specified are also sought. pressure in the coolant system. If there Inc., pressure cooling system tester is little pressure to force liquid or steam manual indicate the manufacturing F. Compatibility Issues for New Caps/ up when the cap is removed, the risk of parameters of the compression spring Old Vehicles and New Vehicles/Old hot scalding fluid or steam being ejected used in some Stant radiator caps Caps from the radiator filler neck or coolant include a tolerance of plus or minus one Although the use of pressure locking system reservoir would be essentially pound. It therefore appears that any radiator and coolant reservoir caps on eliminated. Also, ambient temperature proposed cap locking pressure would be vehicles manufactured before the under the hood of a vehicle without the limited by the tolerance of the effective date of the proposed standard engine running could approach 125 compression spring used in the cap. We would, if sufficiently pervasive, reduce degrees Fahrenheit (51.6 degrees believe that in order to reduce tolerance, the incidence of scaldings involving Celsius) during the hot part of a summer a more costly spring would have to be those vehicles, we are not proposing to day in many States in the southern tier used. Weighing the need for safety require that caps subject to the new of the United States. Thus, adopting Mr. against a desire to minimize the costs of standard be compatible with those older
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vehicles. We realize that there will be a than 40 Newton-meters to the cap, in a address the venting of steam, we request lag time during which pre-standard counter-clockwise direction, to remove comments on alternative test vehicles will be in existence. This lag it. procedures. time is of concern to the agency since, In selecting a limit for the downward I. ‘‘DOT’’ Symbol and Manufacturers’ as noted earlier, radiator cap scald force applied in removing a cap, we Maximum Pressure Rating for Each incidents are significantly greater for noted that the filler pipe opening area Radiator Cap and Reservoir Cap those model year vehicles that have of many standard radiator systems is been in use for at least five years, and about one square inch. The force of the We propose that each radiator cap and peak for those vehicles in use from 10 pressure pushing up against this cap coolant reservoir cap subject to the to 15 years. If, however, there would be when the system is fully pressurized proposed new standard be permanently a cost-effective way to make a new would depend on the cap’s pressure marked with the symbol ‘‘DOT’’ as standard-compliant replacement cap setting. For a cap with a 1.7 kPa setting, certification that the cap meets the new that fits pre-standard vehicles, the the upward force is about 113 Newtons. standard. We are not proposing any agency would encourage the We propose using a safety factor of two, specifications for the size or the font of development and sale of such a product. resulting in our proposal of a downward the letters. Further, we are not We also are not proposing that new test force of 225 Newtons. proposing that only labels be used, or vehicles that meet the new standard be Similarly for the rotational movement, that contrasting colors must be used. We designed to be incompatible with old we propose a torque limit of 40 Newton- propose to let cap manufacturers use radiator or reservoir caps that do not meters. We selected this limit after their discretion in determining the best meet the new standard. Although the taking into consideration the strength of way to meet the requirement to provide use of pre-standard caps on post- the strongest motorists. The Wesley E. the ‘‘DOT’’ certification. The cap standard vehicles would, to the extent it Woodson’s Human Factors Handbook manufacturer may emboss or engrave occurred, allow a continuation of the under the heading of ‘‘Human Strength’’ ‘‘DOT’’ directly onto the cap, or may scald problem, we do not believe that indicates that husky male operators can place a permanent label on the cap. We there would be any incentive to replace exert a torque up to 15 ft-lb in trying to propose to construe the term compliant caps with non-compliant, rotate a knob or cap with a diameter ‘‘permanent’’ in the same way as that pre-standard caps. If the owner of a new between 2 and 3 inches (5.1 cm and 7.6 term has been used for purposes of the vehicle with a compliant cap needed to cm) or 3.25 inches (8.2 cm) maximum. certification labeling requirements replace a lost cap, we believe that the That value is based on a full right- described in 49 CFR part 567, owner would likely purchase a handed grip. To allow for those people Certification. compliant replacement cap, given the with above average strength whose hand We are also proposing that cap safety advantages of such caps. grip may be stronger than 15 ft-lb (and manufacturers permanently label each Consumers can readily determine may be able to open a radiator cap of 15 cap with its maximum pressure rating whether a radiator or reservoir cap ft-lb), NHTSA proposes to double the for the cap. This information will let meets the new standard by looking for hand grip capability for husky male consumers know the maximum pressure the ‘‘DOT’’ certification on the cap. operators, and use a torque limit of 40 within the radiator or cooling reservoir Further, after the new standard’s Newton-meters (30 ft-lb). system that the system is designed to withstand. We believe that when they effective date, all new and replacement H. Testing Procedures for New Vehicles radiator and reservoir caps intended for seek a replacement cap for the systems new vehicles will meet the new For new vehicles that permit venting on their motor vehicles, consumers need requirement, and thus, the supply of of fluids or steam, we propose to test the to know the maximum pressure nonconforming caps should decrease vehicles to determine where fluids capability of the old cap to ensure that over a period of time. would be directed when they are vented they or service personnel select a from the radiator or coolant reservoir replacement cap with equal or greater G. Testing Procedures for the New Caps systems. For those vehicle cooling capability. Many radiator cap or We are not proposing any elaborate systems that include a means of reservoir caps appear to be physically test procedures to determine whether a reducing the cooling system pressure by identical to each other, but in fact have cap meets the new safety standard. venting fluids or steam, we propose that different pressure performances. We Compliance would be demonstrated by testing be done by applying pressurized emphasize that the maximum pressure attaching the cap to a motor vehicle water to the cooling system via a drain proposal is for labeling purposes only. cooling system and pressurizing the cock or vent fitting in either the engine We are not trying to specify the system above the specified minimum or radiator, with the cooling system maximum pressure for any cap. locking pressure, but not exceeding the filled with water. The venting system pressure for which the cap was mechanism on the vehicle would then J. Why We Are Not Proposing Warning designed. We would then attempt to be actuated. The personnel conducting Labels remove the cap. The cap must not be the testing would observe where the Most radiator cap and reservoir cap removable or vent pressure or fluids escaping water (if any) is directed. manufacturers already place some type during an attempt to remove the cap. This test would be conducted at of warning on the cap stating that the Based on our presumption that the ambient temperature. Therefore, there cap should not be opened when the standardized two-motion process would could not be any release of steam. We system is hot and under pressure. We be required to remove radiator caps, we request comments on whether this test considered proposing to require that all propose a test procedure based on the is sufficient to ensure that steam would caps be labeled with such a warning, two required motions. The first motion not contact an individual who was but decided not to do so. As previously would be a force of not greater than 225 operating the mechanism on a hot noted, in 1972, when we terminated a Newtons applied to the radiator cap, vehicle. In other words, we would like rulemaking on radiator caps, one of the axially toward the radiator, and to know whether steam would be vented rationales for the termination was that perpendicular to the top of the cap. in the same way as pressurized water at among the measures taken by the While maintaining this downward force, ambient temperatures. To the extent that automotive industry to resolve the we would apply a torque of not greater the proposed procedure would not problem was to place a warning on the
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caps. As earlier noted, the injury data radiators or for coolant reservoirs. manufacturing capabilities. If this show that the warning label, and other Please provide diameters in millimeters. proposal were made final, we would measures taken by industry, did not (c) What force(s) does your company encourage manufacturers to comply as appear to have reduced injuries use as the minimum downward axial soon as possible. resulting from opening radiator caps force and/or torque necessary to remove IX. Regulatory Analyses and Notices and coolant reservoir caps under high radiator caps or coolant reservoir caps heat and high pressure. Further, given on motor vehicles (with liquid-cooled A. Executive Order 12866 and DOT that the cap manufacturers will likely systems) being sold in the U.S. in MY Regulatory Policies and Procedures continue to do so, and given our 2001? (2) In this NPRM, we propose that a Executive Order 12866, ‘‘Regulatory assumption below that the proposed Planning and Review’’ (58 FR 51735, requirement for the locking of caps cap not be removable from a radiator or coolant reservoir system that is under a October 4, 1993), provides for making could be 95 percent effective in determinations whether a regulatory reducing scaldings from the contents of pressure of 14 kPa (2 psi) or greater. We selected this value in part because we action is ‘‘significant’’ and therefore radiators and coolant reservoirs, the subject to Office of Management and marginal value of mandating warnings believe specifying a more precise pressure (e.g., 2.5 psi) would result in Budget (OMB) review and to the on all caps would be minimal. requirements of the Executive Order. Although we are not proposing any extra costs to manufacturers. Is there a safety value in specifying the locking The Order defines a ‘‘significant warning label requirements, we solicit regulatory action’’ as one that is likely comments on the need for warnings and pressure to a more precise value? If so, can such a value be specified without to result in a rule that may: on the sufficiency and appearance of (1) Have an annual effect on the existing warnings. unduly increasing the cost of the cap? Is a lower locking pressure possible? At economy of $100 million or more or K. Additional Issues 2 psi, the effluent would be adversely affect in a material way the economy, a sector of the economy, We also ask for comments on the approximately 51.6 degrees Celsius (125 degrees Fahrenheit). We believe that a productivity, competition, jobs, the following issues relevant to this environment, public health or safety, or rulemaking: lower pressure is desirable because the fluid temperature would also be lower State, local, or Tribal governments or (1) We have noted that radiator caps and therefore would be less likely to communities; and coolant reservoir caps generally are scald. (2) Create a serious inconsistency or removed by at least one motion— (3) We propose that fluids vented otherwise interfere with an action taken counterclockwise rotation, and that through actuation of a manually or planned by another agency; many radiator caps, while being operated pressure release mechanism (3) Materially alter the budgetary removed, must be pushed down during vent ‘‘downward and toward the center impact of entitlements, grants, user fees, that rotation. We believe that for of the vehicle’’ to reduce the likelihood or loan programs or the rights and consistency of use for people who must that fluids would contact the person obligations of recipients thereof; or remove radiator caps, the movement, operating the venting mechanism. Is this (4) Raise novel legal or policy issues and perhaps the minimum forces, used a sufficiently objective and effective arising out of legal mandates, the to remove those caps should be way of specifying this performance? Are President’s priorities, or the principles standardized. We intend to minimize there better ways of specifying the set forth in the Executive Order. any need to redesign existing systems, desired venting performance that would We have considered the impact of this by proposing to standardize the motions provide greater assurance that the rulemaking action under Executive for cap removal. With this premise, vented fluids do not contact the Order 12866 and the Department of please answer the following questions, operator or bystanders standing Transportation’s regulatory policies and for vehicles that have a gross vehicle alongside a motor vehicle? procedures. This rulemaking document weight rating of 4,536 kg (10,000 lb) or was not reviewed by the Office of less. In answering questions regarding VIII. Leadtime Management and Budget under E.O. future plans for vehicle system We propose that the new standard 12866, ‘‘Regulatory Planning and performance, please assume that the apply to applicable vehicles Review.’’ The rulemaking action is also rule proposed in this NPRM will not be manufactured on or after the first not considered to be significant under in effect. September 1st that occurs two or more the Department’s Regulatory Policies (a) For liquid-cooled engine systems, years after the publication of the final and Procedures (44 FR 11034; February what are the maximum cap pressure(s) rule. We also propose the same effective 26, 1979). on vehicles being sold in the U.S. in MY date for replacement radiator caps and The annual incremental cost of new 2001? What maximum cap pressure(s) coolant reservoir caps for use on those and replacement radiator caps and does your company anticipate vehicles. The agency notes that there coolant reservoir caps for the passenger establishing for systems on liquid- would not be any requirements car and light truck fleet would be $14 cooled motor vehicles to be sold in the applicable to the manufacture and sale million. The estimated incremental cost U.S. in the future? Please specify of caps (manufactured after the new increase associated with the whether the maximum pressure is for a standard’s effective date) that are requirements proposed in this NPRM radiator cap or a coolant reservoir cap. designed to or recommended to fit only would be $0.65 for a radiator cap and (b) What are the largest neck opening on pre-standard vehicles. Public $0.43 for a coolant reservoir cap. The diameters on motor vehicles (with comment is sought on these proposed total medical cost savings and work loss liquid-cooled systems) being sold in the lead times. We believe that two years is savings would be an estimated $76 U.S. in MY 2001? What neck-opening sufficient lead time for industry. We do million. The estimated annual net diameter(s) does your company not believe that this proposed rule monetary benefits would be $62 million. anticipate specifying on motor vehicle involves any new technology, or We assume the caps would be 95 liquid-cooled systems to be sold in the performance specifications that percent effective, resulting in an annual U.S. in the future? Please specify manufacturers cannot meet with reduction of 28,271 scald injuries. This whether the neck openings are for existing design, tooling, or estimate is based on visits to hospitals,
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which have been adjusted to include environmental, health or safety risk that economic impact on a substantial less severe cases resulting in visits to NHTSA has reason to believe may have number of small entities. clinics, and doctors’ offices. a disproportionate effect on children. If The Head of the Agency has The complete regulatory evaluation of the regulatory action meets both criteria, considered the effects of this rulemaking this rulemaking, ‘‘FMVSS No. 402 we must evaluate the environmental action under the Regulatory Flexibility Radiator and Coolant Reservoir Caps, health or safety effects of the planned Act (5 U.S.C. 601 et seq.) and certifies Venting of Motor Vehicle Coolant rule on children, and explain why the that this proposal would not have a Systems’ is provided in the DOT Docket planned regulation is preferable to other significant economic impact on a cited in the heading of this notice. potentially effective and reasonably substantial number of small entities. The statement of the factual basis for the B. Executive Order 13132 (Federalism) feasible alternatives considered by us. This proposed rule is not subject to certification is that we are not aware Executive Order 13132 requires us to the Executive Order because it is not that any radiator cap or coolant develop an accountable process to economically significant as defined in reservoir cap manufacturer, or radiator ensure ‘‘meaningful and timely input by E.O. 12866 and does not involve manufacturer or coolant reservoir State and local officials in the decisions based on environmental, manufacturer is a small business. The development of regulatory policies that health or safety risks that U.S. Small Business Administration’s have federalism implications.’’ ‘‘Policies disproportionately affect children. size standard for Standard Industrial that have federalism implications’’ is Classification Code 3714 ‘‘Motor defined in the Executive Order to D. Executive Order 12778 (Civil Justice Vehicle Parts and Accessories’’ include regulations that have Reform) manufacturers is 750 employees (13 ‘‘substantial direct effects on the States, Pursuant to Executive Order 12778, CFR 121.201). NHTSA has no on the relationship between the national information that any radiator cap or government and the States, or on the ‘‘Civil Justice Reform,’’ we have considered whether this proposed rule coolant reservoir cap manufacturer is a distribution of power and small business that is not owned or responsibilities among the various would have any retroactive effect. We conclude that it would not have such an otherwise affiliated with a large levels of government.’’ Under Executive business. Accordingly, the agency Order 13132, we may not issue a effect. Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety standard believes that this proposal would not regulation with Federalism affect the costs of radiator cap and implications, that imposes substantial is in effect, a State may not adopt or maintain a safety standard applicable to reservoir cap manufacturers considered direct compliance costs, and that is not to be small business entities. required by statute, unless the Federal the same aspect of performance which government provides the funds is not identical to the Federal standard, F. National Environmental Policy Act necessary to pay the direct compliance except to the extent that the state We have analyzed this proposal for costs incurred by State and local requirement imposes a higher level of the purposes of the National governments, or unless we consult with performance and applies only to Environmental Policy Act and State and local governments, or unless vehicles procured for the State’s use. 49 determined that it would not have any we consult with State and local officials U.S.C. 30161 sets forth a procedure for significant impact on the quality of the early in the process of developing the judicial review of final rules human environment. proposed regulation. We also may not establishing, amending or revoking issue a regulation with Federalism Federal motor vehicle safety standards. G. Paperwork Reduction Act implications and that preempts State That section does not require NHTSA has determined that, if made law unless we consult with State and submission of a petition for final, this proposed rule would impose local officials early in the process of reconsideration or other administrative new collection of information burdens developing the proposed regulation. proceedings before parties may file suit within the meaning of the Paperwork This proposed rule would not have in court. Reduction Act of 1995 (PRA). Under the substantial direct effects on the States, E. Regulatory Flexibility Act PRA, before an agency submits a on the relationship between the national proposed collection of information to government and the States, or on the Pursuant to the Regulatory Flexibility OMB for approval, it must publish a distribution of power and Act (5 U.S.C. 601 et seq., as amended by document in the Federal Register responsibilities among the various the Small Business Regulatory providing a 60-day comment period and levels of government, as specified in Enforcement Fairness Act (SBREFA) of otherwise consult with members of the Executive Order 13132. The reason is 1996) whenever an agency is required to public and affected agencies concerning that this proposed rule, if made final, publish a notice of rulemaking for any each proposed collection of information. would apply to motor vehicle proposed or final rule, it must prepare The OMB has promulgated regulations manufacturers and manufacturers of and make available for public comment describing what must be included in radiator caps or reservoir caps, and not a regulatory flexibility analysis that such a document. Under OMB’s to the States or local governments. Thus, describes the effect of the rule on small regulations, (at 5 CFR 1320.8(d)), an the requirements of Section 6 of the entities (i.e., small businesses, small agency must ask for public comment on Executive Order do not apply to this organizations, and small governmental the following: proposed rule. jurisdictions). However, no regulatory (I) whether the proposed collection of flexibility analysis is required if the information is necessary for the proper C. Executive Order 13045 (Economically head of an agency certifies the rule performance of the functions of the Significant Rules Disproportionately would not have a significant economic agency, including whether the Affecting Children) impact on a substantial number of small information will have practical utility; Executive Order 13045 (62 FR 19885, entities. SBREFA amended the (ii) the accuracy of the agency’s April 23, 1997) applies to any rule that: Regulatory Flexibility Act to require estimate of the burden of the proposed (1) is determined to be ‘‘economically Federal agencies to provide a statement collection of information, including the significant’’ as defined under E.O. of the factual basis for certifying that a validity of the methodology and 12866, and (2) concerns an rule would not have a significant assumptions used;
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(iii) how to enhance the quality, different pressure performance assumes that radiator caps and coolant utility, and clarity of the information to capabilities. reservoir caps are replaced on average, be collected; and; Description of the Likely Respondents once over a ten year period. NHTSA (iv) how to minimize the burden of (Including Estimated Number, and estimates that after a 10 year period the collection of information on those Proposed Frequency of Response to the (when the rule proposed in this NPRM who are to respond, including the use Collection of Information—The new has been in effect for 10 years), there of appropriate automated, electronic, collection of information would apply would be 12.9 million new replacement mechanical, or other technological to manufacturers of radiator caps and caps manufactured per year that meet collection techniques or other forms of manufacturers of pressurized coolant the proposed standard. information technology, e.g., permitting reservoir tank caps. NHTSA has no In the request for clearance at issue, electronic submission of responses. estimate of the number of cap NHTSA seeks OMB approval for a In compliance with these manufacturers that would be subject to collection of information burden requirements, NHTSA asks public the requirement, but does not believe imposed by new replacement caps comment on the collection of any of these manufacturers is a small subject to the new rule for the first three information proposed in this notice of business. years the rule is in effect. NHTSA does proposed rulemaking. Estimate of the Total Annual not believe the new vehicles subject to Reporting and Recordkeeping Burden the standard would need many new Labeling for Radiator and Cooling Resulting from the Collection of replacement caps that meet the Reservoir Caps Information—The total annual reporting standard. The following figures take into Type of Request—New. burden is estimated as follows. account new replacement caps for New Caps on New Motor Vehicles— OMB Clearance Number—None vehicles that are subject to the standard, Based on 1999 sales of vehicles in the assigned. and also new replacement caps that may United States, we estimate that each Form Number—This proposed be compatible with pre-standard year, out of a total passenger car and collection of information would not use vehicles. For the first three years of the light truck sales of approximately any standard forms. rule’s existence, NHTSA estimates that 16,890,000, there would be a total of for new replacement caps, in the first Requested Expiration Date of approximately 12,667,901 radiator caps Approval—Three years from the date of year, 100,000 new replacement caps that (75 percent of the fleet) and 4,222,634 meet the new standard would be approval of the collection. coolant reservoir caps (25 percent of the manufactured, in the second year Summary of the Collection of fleet). Manufacturers are already aware 200,000 new replacement caps would be Information—NHTSA proposes that of the maximum pressure rating for their manufactured, and in the third year, each radiator cap and coolant reservoir radiator caps and coolant reservoir caps. 300,000 new replacement caps would be cap subject to the proposed new We estimate that it would take one manufactured. This results in an average standard be marked with the symbol second per cap to label, print, or of 200,000 new replacement caps per ‘‘DOT’’ as certification that the cap otherwise mark the ‘‘DOT’’ certification year for three years. meets the new standard. We propose to and maximum pressure rating on each We estimate that it would take one let cap manufacturers use their cap. Therefore, the total burden hours second per cap to label, print, or discretion in determining the best way on the public per year imposed by caps otherwise mark the ‘‘DOT’’ certification it can meet the requirement to provide on new motor vehicles subject to this and maximum pressure rating on each the ‘‘DOT’’ certification. However, the proposed rule would be 4,692 hours cap. Therefore, total burden hours on ‘‘DOT’’ must be permanently marked. (16,890,535 caps, taking one second per the public per year would be 55.5 hours We are also proposing that cap cap to mark divided by 3600 seconds in (200,000 caps, taking one second per manufacturers permanently label each an hour). In reality, the burden on the cap to mark divided by 3600 seconds in cap with its maximum pressure rating public should be less than 4,692 hours an hour) from marking new replacement for the cap. per year because many manufacturers caps. In reality, the added burden on the Description of the Need for the already voluntarily label the maximum public should be less than 55.5 hours Information and Proposed Use of the pressure rating information on the caps. per year because many manufacturers Information—The statute under which If it costs one cent per cap to label the already voluntarily label the maximum this proposal is being issued requires information on the caps, the total cost pressure rating information on the caps. manufacturers to certify the compliance burden on the public would be If it costs one cent per cap to label the of their motor vehicles and motor $168,905.35. information on the caps, the total cost vehicle equipment with all applicable New Replacement Caps for Use on burden on the public would be $2000 FMVSS. In addition, the ‘‘DOT’’ Vehicles Subject to the Proposed Rule— per year for labeling new replacement certification on each cap is necessary so In this NPRM, NHTSA does not propose caps. that consumers would know whether a that new replacement caps subject to Total Burdens—Therefore, NHTSA radiator or coolant reservoir cap meets this proposed rule be required to be estimates that the total burden hours the proposed performance requirements. compatible with pre-standard vehicles. imposed on the public from labeling The maximum pressure rating labeled This means that for a period of time, new caps on new vehicles and labeling on each cap would let consumers know replacement caps for both vehicles that new replacement caps to be an average that the maximum pressure capability of are subject to the new standard, and for of 4,747 hours (4,692 hours (vehicle the cap. When they seek a replacement older, pre-standard vehicles would be caps) plus 55 hours (replacement caps)) cap for the systems on their motor manufactured. The collection of per year, and an average cost of vehicles, consumers need to know information burden would be imposed $170,905.35 ($168,905.35 (vehicle caps) maximum pressure information to only by new replacement caps that are plus $2000 (replacement caps)) per year. ensure that they or service personnel get designed for vehicles that are subject to NHTSA recognizes that some the cap that has equal or greater the new standard. manufacturers may choose to emboss capability. Many radiator cap or As noted in the regulatory evaluation the ‘‘DOT’’ certification and maximum reservoir caps appear to be physically (provided in the DOT Docket cited in pressure ratings on their caps. This identical to each other, but in fact have the heading of this notice), NHTSA proposed rule permits, but does not
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require embossing. The proposed rule I. Unfunded Mandates Reform Act the Unified Agenda of Federal requires some type of labeling. Since we Section 202 of the Unfunded Regulations. The Regulatory Information are estimating our burdens on the public Mandates Reform Act of 1995 (UMRA) Service Center publishes the Unified based on minimum requirements, we requires Federal agencies to prepare a Agenda in April and October of each are not taking into account additional written assessment of the costs, benefits year. You may use the RIN contained in costs that may result from embossing. and other effects of proposed or final the heading at the beginning of this However, NHTSA seeks comment on rules that include a Federal mandate document to find this action in the what (if any) additional costs may result likely to result in the expenditure by Unified Agenda. from embossing, rather than labeling, State, local or tribal governments, in the Comments caps. aggregate, or by the private sector, of Since nothing in this proposed rule more than $100 million in any one year How Do I Prepare and Submit would require radiator cap (adjusted for inflation with base year of Comments? manufacturers or coolant reservoir cap 1995). Before promulgating a NHTSA Your comments must be written and manufacturers to keep records, rule for which a written statement is in English. To ensure that your recordkeeping costs imposed would be needed, section 205 of the UMRA comments are correctly filed in the zero hours and zero dollars. generally requires us to identify and Docket, please include the docket consider a reasonable number of number of this document in your H. National Technology Transfer and regulatory alternatives and adopt the comments. Advancement Act least costly, most cost-effective or least Your comments must not be more Section 12(d) of the National burdensome alternative that achieves than 15 pages long. (49 CFR 553.21). We Technology Transfer and Advancement the objectives of the rule. The established this limit to encourage you Act of 1995 (NTTAA), Public Law 104– provisions of section 205 do not apply to write your primary comments in a 113, section 12(d) (15 U.S.C. 272) when they are inconsistent with concise fashion. However, you may applicable law. Moreover, section 205 directs us to use voluntary consensus attach necessary additional documents allows us to adopt an alternative other standards in our regulatory activities to your comments. There is no limit on than the least costly, most cost-effective unless doing so would be inconsistent the length of the attachments. or least burdensome alternative if we with applicable law or otherwise Please submit two copies of your publish with the final rule an comments, including the attachments, impractical. Voluntary consensus explanation why that alternative was to Docket Management at the address standards are technical standards (e.g., not adopted. given above under ADDRESS. materials specifications, test methods, This proposal would not result in You may also submit your comments sampling procedures, and business costs of $100 million or more to either to the docket electronically by logging practices) that are developed or adopted State, local, or tribal governments, in the onto the Dockets Management System by voluntary consensus standards aggregate, or to the private sector. Thus, website at http://dms.dot.gov. Click on bodies, such as the Society of this proposal is not subject to the ‘‘Help & Information’’ or ‘‘Help/Info’’ to Automotive Engineers (SAE). The requirements of sections 202 and 205 of obtain instructions for filing the NTTAA directs us to provide Congress, the UMRA. document electronically. through OMB, explanations when we decide not to use available and J. Plain Language How Can I Be Sure That My Comments applicable voluntary consensus Executive Order 12866 requires each Were Received? standards. agency to write all rules in plain If you wish Docket Management to After conducting a search of available language. Application of the principles notify you upon its receipt of your sources, we have determined that there of plain language includes consideration comments, enclose a self-addressed, are not any available and applicable of the following questions: stamped postcard in the envelope voluntary consensus standards that we —Have we organized the material to suit containing your comments. Upon can use in this notice of proposed the public’s needs? receiving your comments, Docket rulemaking. We have searched the —Are the requirements in the rule Management will return the postcard by SAE’s Recommended Practices clearly stated? mail. applicable to radiator caps. We found —Does the rule contain technical How Do I Submit Confidential Business SAE J164 Radiator Caps and Filler language or jargon that is not clear? Necks JUN91, which provides —Would a different format (grouping Information? dimensions for the different pressure and order of sections, use of headings, If you wish to submit any information ratings of bayonet type radiator pressure paragraphing) make the rule easier to under a claim of confidentiality, you caps and filler necks. There is also SAE understand? should submit three copies of your J151 Pressure Relief for Cooling System —Would more (but shorter) sections be complete submission, including the JUN91, which specifies the better? information you claim to be confidential requirements for pressure relief means —Could we improve clarity by adding business information, to the Chief and pressure relief rating identification tables, lists, or diagrams? Counsel, NHTSA, at the address given for cooling systems of liquid cooled —What else could we do to make this above under FOR FURTHER INFORMATION engines. Neither of these SAE Standards rulemaking easier to understand? CONTACT. In addition, you should provides guidance on specifying how If you have any responses to these submit two copies, from which you caps are to perform in a manner that questions, please include them in your have deleted the claimed confidential prevents their removal when the cooling comments on this NPRM. business information, to Docket system is under dangerously high Management at the address given above pressure and temperature. Since neither K. Regulation Identifier Number (RIN) under ADDRESS. When you send a SAE Standard provides guidance on an The Department of Transportation comment containing information issue material to this rulemaking, we assigns a regulation identifier number claimed to be confidential business have developed our own proposal. (RIN) to each regulatory action listed in information, you should include a cover
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letter setting forth the information Safety Standards (49 CFR Part 571), be does not involve removal of a cap from specified in our confidential business amended as set forth below. a cooling system filler neck. information regulation. (49 CFR Part Radiator cap means any removable 512.) PART 571—FEDERAL MOTOR device that is used to close the filler VEHICLE SAFETY STANDARDS neck opening of a pressurized radiator Will the Agency Consider Late of a liquid-based cooling system for a Comments? 1. The authority citation for part 571 would continue to read as follows: motor vehicle engine. We will consider all comments that S5. Requirements. Docket Management receives before the Authority: 49 U.S.C. 322, 30111, 30115, S5.1 Radiator Caps and Coolant close of business on the comment 30117, and 30166; delegation of authority at Reservoir Caps. closing date indicated above under 49 CFR 1.50. (a) Caps must be removable without DATES. To the extent possible, we will 2. Section 571.402 would be added to the use of any tools. also consider comments that Docket read as follows: (b) Each cap, when installed in the Management receives after that date. If fully-closed position on a motor vehicle § 571.402 Standard No. 402; Radiator and Docket Management receives a comment cooling system for which it is coolant reservoir caps, venting of motor recommended, and when tested in too late for us to consider it in vehicle cooling systems. developing a final rule (assuming that accordance with S6.1(a), must not be S1. Scope. This standard specifies one is issued), we will consider that manually removable when the pressure performance requirements for radiator comment as an informal suggestion for in the system is at or above 14kPa. In caps and coolant reservoir caps on future rulemaking action. addition, such a cap must not vent any liquid-based cooling systems for motor internal cooling system pressure or How Can I Read the Comments vehicle engines. This standard also fluids during that test. Submitted by Other People? specifies performance requirements for (c) In the case of each cap that has a You may read the comments received the venting of those cooling systems. manually operated pressure release S2. Purpose. The purpose of this by Docket Management at the address mechanism, when the cap is installed in standard is: given above under ADDRESSES. The the fully-closed position, and tested in (a) To reduce the number of scald hours of the Docket are indicated above accordance with S6.1(b), actuation of injuries that occur when people remove in the same location. the mechanism must not result in the radiator caps or coolant reservoir caps of You may also see the comments on venting of any fluids through the cap or liquid-based cooling systems for motor the Internet. To read the comments on the seal at the cap-to-filler neck vehicle engines when the contents of the Internet, take the following steps: interface. those systems are hot and under high 8. Go to the Docket Management (d) Each cap must have a label pressure; and permanently affixed to it with the System (DMS) Web page of the (b) To reduce the likelihood that the Department of Transportation (http:// following information: discharge of hot fluids from a manually (1) The symbol ‘‘DOT’’ constituting dms.dot.gov/). operated pressure release mechanism 9. On that page, click on ‘‘search.’’ certification by the cap manufacturer for one of those cooling systems will that the cap complies with this 10. On the next page (http:// contact the person actuating the standard, and (2) The manufacturer’s dms.dot.gov/search/), type in the four- mechanism. maximum pressure rating for the cap. digit docket number shown at the S3. Application. This standard S5.2 Motor vehicles. beginning of this document. Example: If applies to—- (a) Each cap on a motor vehicle the docket number were ‘‘NHTSA– (a) Motor vehicles (except subject to this standard must comply 1998–1234,’’ you would type ‘‘1234.’’ motorcycles and trailers) that have a with the applicable requirements of After typing the docket number, click on gross vehicle weight rating of 4,536 kg S5.1. ‘‘search.’’ (10,000 lb) or less and a liquid-based (b) Each radiator cap, when installed 11. On the next page, which contains cooling system for their engines; and in the fully-closed position on a motor docket summary information for the (b) Radiator caps and coolant vehicle cooling system for which it is docket you selected, click on the desired reservoir caps recommended for use on recommended, must not be manually comments. You may download the the engine cooling systems in the motor removable unless it is first pushed comments. Although the comments are vehicles subject to this standard. axially toward the radiator, and then, imaged documents, instead of word S4. Definitions. while still being pushed, is rotated in a processing documents, the ‘‘pdf’’ Cap means a radiator cap or a coolant counter-clockwise direction. versions of the documents are word reservoir cap recommended for use in a (c) Each coolant reservoir cap, when searchable. motor vehicle subject to this standard. installed in the fully-closed position on Please note that even after the Coolant reservoir cap means any a motor vehicle cooling system for comment closing date, we will continue removable device that is used to close which it is recommended, must not be to file relevant information in the the filler neck opening of a pressurized manually removable unless it is rotated Docket as it becomes available. Further, reservoir tank of a liquid-based cooling in a counter-clockwise direction. some people may submit late comments. system for a motor vehicle engine. (d) In the case of motor vehicles Accordingly, we recommend that you Fluids means substances, such as equipped with a cap or caps that periodically check the Docket for new liquids or gases, that are capable of include a manually operated pressure material. flowing and that change shape at a release mechanism, each such cap must List of Subjects in 49 CFR Part 571 steady rate when acted upon by any comply with the requirements of force tending to change their shape. S5.1(c). Imports, Motor vehicle safety, Motor Manually operated pressure release (e) In the case of motor vehicles vehicles, Rubber and rubber products, mechanism means any mechanism equipped with an engine cooling system Tires. intended to be operated or actuated for that includes a cap with a manually In consideration of the foregoing, it is the purpose of reducing the cooling operated pressure release mechanism or proposed that the Federal Motor Vehicle system pressure, and whose operation has a manually operated pressure
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release mechanism in a location other (3)(i) Radiator caps. While a force of accordance with the manufacturer’s than its cap, testing each such not greater than 225 Newtons is being instructions. mechanism in accordance with S6.2 applied to the cap axially toward the S6.2 Motor vehicles-venting. Each must not result in the venting of any radiator, perpendicular to the top motor vehicle cooling system that fluids through the cap or the seal at the surface of the cap, and a torque of not includes a means of reducing the system cap-to-filler neck interface, and either greater than 40 Newton-meters is being pressure by venting fluids is tested as must not permit the venting of any applied to the cap in a counter- specified in paragraphs (a) through (d) fluids outside of the pressurized part of clockwise direction, attempt to remove of S6.2. the system, or must direct any fluids the cap. (a) Place the motor vehicle on a level vented from any part of the system (ii) Coolant reservoir caps. While a surface. downward and toward the center of the torque of up to 40 Newton-meters is (b) Fill the vehicle’s cooling system vehicle. being applied to the cap in a counter- with water. Attach the vehicle’s cap to S6. Test procedures. clockwise direction, attempt to remove the radiator or coolant reservoir for S6.1 Radiator caps and reservoir caps. the cap. which it is intended and rotate the cap Each cap is tested as specified in (b) Venting. to the fully closed position. Purge air paragraphs (a) and (b) of S6.1. (1) Using water, fill the radiator or from the radiator system or the reservoir (a) Removal. system. (1) Using water, fill the radiator or coolant reservoir system, as applicable, of any vehicle for which the cap is (c) Pressurize the system to any coolant reservoir system, as applicable, pressure at or above 14 kPa and below of any vehicle for which the cap is recommended. Attach the cap to the radiator or coolant reservoir, as the maximum pressure rating of the cap recommended. Attach the cap to the as specified by the manufacturer. radiator or coolant reservoir, as applicable, of that vehicle in accordance with the manufacturer’s installation (d) Actuate each manually operated applicable, of that vehicle in accordance pressure release mechanism in with the manufacturer’s installation procedure. Rotate the cap to the fully closed position. Purge air from the accordance with the vehicle procedure. Rotate the cap to the fully manufacturer’s instructions. closed position. Purge air from the system. system. (2) Pressurize the radiator or coolant Issued on: May 25, 2001. (2) Pressurize the radiator or coolant reservoir system to any pressure not less Stephen R. Kratzke, reservoir to any pressure not less than than 14kPa and not more than the Associate Administrator for Safety 14 kPa and not more than the maximum maximum pressure rating of the cap. Performance Standards. pressure rating of the cap as specified by (3) Actuate the manually operated [FR Doc. 01–13800 Filed 5–31–01; 8:45 am] the manufacturer. pressure release mechanism in BILLING CODE 4910–59–P
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Notices Federal Register Vol. 66, No. 106
Friday, June 1, 2001
This section of the FEDERAL REGISTER inclusion on the syllabus for the Joint DEPARTMENT OF AGRICULTURE contains documents other than rules or Board’s examination program for the proposed rules that are applicable to the November 2001 EA–2A pension Farm Service Agency public. Notices of hearings and investigations, examination will be discussed. committee meetings, agency decisions and Interim National Drought Council rulings, delegations of authority, filing of A determination has been made as petitions and applications and agency required by section 10(d) of the Federal AGENCY: Farm Service Agency, USDA. statements of organization and functions are Advisory Committee Act, 5 U.S.C. App., ACTION: Notice of Interim National examples of documents appearing in this that the portions of the meeting dealing Drought Council meeting. section. with the discussion of questions which SUMMARY: The Interim National Drought may appear on the Joint Board’s Council (Interim Council) was JOINT BOARD FOR THE examinations and review of the May established through a Memorandum of ENROLLMENT OF ACTUARIES 2001 Joint Board examinations fall Understanding (MOU) between Federal within the exceptions to the open Agencies; State, local, and tribal Meeting of the Advisory Committee; meeting requirement set forth in 5 governments; and groups impacted by Meeting U.S.C. 552b(c)(9)(B), and that the public drought. The Interim Council’s purpose interest requires that such portions be AGENCY: Joint Board for the Enrollment is to coordinate activities between and closed to public participation. of Actuaries. among its members. All meetings are open to the public; however, seating is ACTION: The portion of the meeting dealing Notice of Federal Advisory limited and available on a first-come Committee meeting. with the discussion of the other topics will commence at 1 PM on June 26 and basis. SUMMARY: The Executive Director of the will continue for as long as necessary to DATES: The Interim Council will meet Joint Board for the Enrollment of complete the discussion, but not beyond on June 21, 2001, from 8:00 a.m. Pacific Actuaries gives notice of a meeting of 3 PM. Time permitting, after the close Daylight Time (PDT) to 5:00 p.m. PDT the Advisory Committee on Actuarial of this discussion by Committee at the Marriott Residence Inn, Portland Examinations (portions of which will be members, interested persons may make Downtown—RiverPlace, 2115 SW. River open to the public) in Washington, DC statements germane to this subject. Parkway, Portland, Oregon, 97201, in at the Office of Director of Practice on Persons wishing to make oral statements the Broadway Room and on June 22, June 25 and 26, 2001. should notify the Executive Director in 2001, from 8:00 a.m. PDT to 12:00 noon DATE: Monday, June 25, 2001, from 9 writing prior to the meeting in order to PDT, at the National Water and Climate AM to 5 PM, and Tuesday, June 26, aid in scheduling the time available and Center (NWCC) of the Natural Resources 2001, from 8:30 AM to 5 PM. must submit the written text, or at a Conservation Service, United States Department of Agriculture (USDA), 101 ADDRESS: The meeting will be held in minimum, an outline of comments they SW. Main Street, Suite 1600, in Suite 4600E, Conference Room, Fourth propose to make orally. Such comments Portland, Oregon 97204–3224. The June Floor, Franklin Court Building, 1099 will be limited to 10 minutes in length. 14th Street, NW., Washington, DC. 21 meeting will be a listening session to All other persons planning to attend the provide an opportunity for Federal, FOR FURTHER INFORMATION CONTACT: public session must also notify the State, and local officials; practitioners; Patrick W. McDonough, Director of Executive Director in writing to obtain and the general public to give their Practice and Executive Director of the building entry. Notifications of intent to input on how they are being affected by Joint Board for the Enrollment of make an oral statement or to attend the current drought in the Pacific Actuaries, 202–694–1805. must be faxed, no later than June 18, Northwest. On June 22, the Interim SUPPLEMENTARY INFORMATION: Notice is 2001, to 202–694–1876, Attn: Executive Council will assess its current overall hereby given that the Advisory Director. Any interested person also effectiveness and discuss ways to Committee on Actuarial Examinations may file a written statement for improve its service delivery and will meet in Suite 4600E, Conference consideration by the Joint Board and the assistance. Room, Fourth Floor, Franklin Court Committee by sending it to the FOR FURTHER INFORMATION CONTACT: Building, 1099 14th Street, NW, Executive Director: Joint Board for the Washington, DC on Monday, June 25, Leona Dittus, Executive Director, Enrollment of Actuaries, c/o Internal Interim National Drought Council, 2001, from 9 AM to 5 PM, and Tuesday, Revenue Service, Attn: Executive June 26, 2001, from 8:30 AM to 5 PM. United States Department of Agriculture Director N:C:SC:DOP, 1111 Constitution The purpose of the meeting is to (USDA), 1400 Independence Avenue, Avenue, NW., Washington, DC 20224. discuss topics and questions which may SW., Room 6701–S, STOP 0501, be recommended for inclusion on future Dated: May 25, 2001. Washington, D.C., 20250–0501 or Joint Board examinations in actuarial Patrick W. McDonough, telephone (202) 720–3168; FAX (202) mathematics and methodology referred 720–9688; internet Executive Director, Joint Board for the [email protected]. to in 29 U.S.C. 1242(a)(1)(B) and to Enrollment of Actuaries. review the May 2001 EA1 basic and EA– [FR Doc. 01–13803 Filed 5–31–01; 8:45 am] SUPPLEMENTARY INFORMATION: The 2B pension Joint Board examinations in purpose of the MOU is to establish a BILLING CODE 4830–01–P order to make recommendations relative more comprehensive, integrated, thereto, including the minimum coordinated approach toward reducing acceptable pass score. Topics for the impacts of drought through better
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preparedness, monitoring and performance of the functions of the as frequently as needed, instead of once prediction, risk management, and agency, including whether the a month, as long as the USDA ordering/ response to drought emergencies in the information will have practical utility; entitlement cap set for the ITO is not United States. The Interim Council will (b) the accuracy of the agency’s estimate exceeded. Under this pilot, USDA buys encourage cooperation and coordination of burden of the proposed collection of food items directly from the between and among Federal, State, information, including the validity of wholesalers/distributors without any local, and tribal governments and the methodology and assumptions used; middleman. In short, the Prime Vendor others, relative to preparation for and (c) ways to enhance the quality, utility will procure foods pre-approved by response to serious drought and clarity of the information to be FNS, store and deliver them to the ITO, emergencies. Activities of the Interim collected; and (d) ways to minimize the and bill USDA. The evaluation Council include providing coordination burden of the collection of information component will collect information to: (a) resolve drought related issues, (b) on those who are to respond, including from ITO’s, USDA agencies, and exchange information about lessons through the use of appropriate regional offices using two learned, and (c) improve public automated, electronic, mechanical, or questionnaires: one for the ITO awareness of the need for drought other technological collection respondents and the other for planning and mitigation measures. The techniques or other forms of information respondents from the Food and Interim Council is co-chaired by the technology. Nutrition Service (FNS), the Secretary of Agriculture or her designee, All responses to this notice will be Agricultural Marketing Service (AMS), and a non-Federal co-chair, Ms. Ane D. summarized and included in the request the Farm Service Agency (FSA), the Deister, Executive Assistant to the for Office of Management and Budget Midwest Regional Office (MWRO), and General Manager, Metropolitan Water (OMB) approval. All comments will also the Kansas City Commodity Office District of Southern California, become a matter of public record. (KCCO). Respondent interviews will be representing urban water interests. Comments may be sent to: Alberta C. self-administered at two data collection Administrative staff support essential to Frost, Director, Office of Analysis, points: pre- and post-intervention. the execution of the Interim Council’s Nutrition and Evaluation, Food and Estimate of Burden: Public burden for responsibilities shall be provided by Nutrition Service, U.S. Department of respondents of ITO’s is estimated at 1 USDA. Agriculture, 3101 Park Center Drive, hour per response for two responses The Interim Council will continue in Alexandria, VA 22302. each by 33 respondents (33 × 2 × 1 hour effect for 5 years or until Congress FOR FURTHER INFORMATION CONTACT: = 66 hours). establishes a permanent National Requests for additional information or Respondents: The most Drought Council. copies of the proposed information knowledgeable FDPIR staff member in If special accommodations are collection forms should be directed to the ITO will be interviewed. Note: also required, please contact Leona Dittus, at Alberta C. Frost (703) 305–2117. as part of this effort, the most the address specified above, by COB SUPPLEMENTARY INFORMATION: knowledgeable FDPIR staff member in June 18, 2001. Title: Evaluation of the Prime Vendor FNS, AMS, FSA, MWRO, and KCCO Signed at Washington, D.C., on May 24, Pilot Project—Data Collection will be interviewed as well. 2001. Instruments. Estimated Number of Respondents: James R. Little, OMB Number: Not yet assigned. Twenty-three respondents will be Acting Administrator, Farm Service Agency. Expiration Date: N/A interviewed from ITO’s in the Midwest [FR Doc. 01–13755 Filed 5–31–01; 8:45 am] Type of Request: New collection of Region, 10 respondents from other BILLING CODE 3410–05–P information. ITO’s. Note: as part of this effort, 5 Abstract: The Prime Vendor Project is respondents will be interviewed from a pilot of the Food Distribution Program USDA agencies and regional offices. DEPARTMENT OF AGRICULTURE in Indian Reservations (FDPIR) that is Estimated Number of Responses Per planned to last from July 1, 2001 to June Food and Nutrition Service Respondent: Two. 30, 2002. The FDPIR was authorized by Estimated Total Annual Burden on Agency Information Collection Section 4(b) of the Food Stamp Act of Respondents: 66 hours (33 × 2 Activities: Proposed Collection; 1977 [7 U.S.C. 2013(b)] and Section 4(a) interviews × 1 hour each). of the Food and Consumer Protection Comment Request—Evaluation of the Dated: May 25, 2001. Prime Vendor Pilot Project Act of 1973 [7 U.S.C. 612(c) Note]. The Prime Vendor Pilot will establish a George A. Braley, AGENCY: Food and Nutrition Service, partnership between USDA and the Acting Administrator, Food and Nutrition USDA. Department of Defense (DoD) to pilot Service. ACTION: Notice. test food distribution operations through [FR Doc. 01–13781 Filed 5–31–01; 8:45 am] a Prime Vendor system. The BILLING CODE 3410–30–P SUMMARY: In accordance with the participating recipients will be the 23 Paperwork Reduction Act of 1995, this Indian Tribal Organizations (ITO’s) in notice announces the Food and the Midwest Region, covering DEPARTMENT OF AGRICULTURE Nutrition Service’s intention to request Minnesota, Wisconsin, and Michigan. Office of Management and Budget Through the Prime Vendor Pilot Forest Service approval of data collection instruments agreement, USDA becomes a party to Fish Creek Watershed Projects, for the Evaluation of the Prime Vendor the existing DoD contract with Pilot Project. Umpqua National Forest, Douglas commercial wholesalers/distributors County, OR DATES: Written comments on this notice through which the Prime Vendor will must be received by July 31, 2001. accept food orders directly from the AGENCY: Forest Service, USDA. ADDRESSES: Comments are invited on: ITO’s, and deliver food items in three ACTION: Notice of intent to prepare an (a) Whether the proposed collection of days, rather than 60–90 days as environmental impact statement. information is necessary for the proper currently practiced. ITO’s can also order
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SUMMARY: The USDA Forest Service, Spotted Owl. Objectives for matrix Creek watershed is based on the need to will prepare an Environmental Impact lands are described on page B–1 of the have available rock resources for Statement (EIS) for a variety of ROD. The ROD states, ‘‘Production of reconstructing or maintaining existing connected and similar resource projects timber and other commodities is an road systems in the area. within the Fish Creek watershed important objective for the Matrix.’’ The Timber sale related activities include: planning area of the Diamond Lake ROD also states on Page B–2 and B–6 regeneration harvest on 422 acres, with Ranger District. These projects include that one of the objectives of matrix is to 15% green-tree retention in the form of several timber sales, the construction of provide ecological diversity at the leave groups and dispersed mature temporary roads, rock source landscape scale in the form of early- trees; and intermediate harvest in the development, spring rehabilitation, successional habitat through form of commercial thinning on 834 trailhead relocation, wildlife commercial timber harvest. The main acres; uneven aged management in the enhancement, site preparation, planting, objective for Management Area 10 is to form of partial cutting and small group fuels hazard reduction, road supply timber to local and regional harvest (2–5 acres) on 145 acres; decommissioning, precommercial economies on a cost efficient, reforestation and seedling protection on thinning, instream wood placement, and sustainable basis. The objectives for 498 acres; site preparation/fuels soil restoration. The planning area is Management Area 11 are to provide big reduction on 1,401 acres; located approximately 65 miles east of game winter range habitat and timber reconstruction/maintenance of 61 miles Roseburg, Oregon. If the proposed production consistent with other of existing roads; construction of 16 alternative or another action alternative resource objectives for wildlife habitat, miles of temporary roads with is selected, projects within the selected riparian habitat and water quality, subsequent obliteration; construction of action are expected to be implemented visual quality, and recreation. 12 permanent helicopter landings; and the expansion of two existing rock pits sometime during 2003 through 2008. Fish Creek Watershed Projects by 2 acres. The acreage proposed for The agency gives notice of the full proposed actions are also based on the harvest is estimated to yield 33.1 environmental analysis and decision- need to achieve the desired conditions million board feet of timber. If the making process that will occur on the for the planning area recommended in proposed action ultimately becomes the proposal so that interested and affected the 1999 Fish Creek Watershed preferred alternative, harvest of the total people may become aware of how they Analysis. Timber harvest proposals are can participate in the process and acreage (1,401) is likely to be based on the need to maintain a high accomplished via five timber sales. The contribute to the final decision. level of vegetative diversity in both DATES: Comments concerning the scope areas prescribed for harvest will require structure and pattern within the a combination of helicopter, skyline and of the analysis should be received in watershed over time, by approximating writing, by June 29, 2001. ground-based harvesting equipment. large and small scale natural Restoration related activities include: ADDRESSES: Send written comments and disturbance processes and patterns 35.2 miles of road decommissioning; suggestions concerning this proposal to through even and uneven aged three trailhead relocations; spring/ John Ouimet, District Ranger, Diamond silvicultural treatments. Proposed riparian zone rehabilitation; Lake Ranger District, 2020 Toketee natural fuels prescriptions are based on construction of 5 artificial den Ranger Station Road, Idleyld Park, OR the need to move the planning area from structures for small mammals; 61 acres 97447–9704. a high severity fire regime towards a of big game winter range forage FOR FURTHER INFORMATION: Direct moderate severity fire regime. enhancement and noxious weed control; questions about the proposed actions, or Rehabilitation of soils through sub- reduction of conifer encroachment on EIS to Pat Williams, ID Team Leader/ soiling is based on the need to improve seven meadows totaling 110 acres; Timber Sale Planner, Diamond Lake the long term site productivity and construction of nesting structures in 8 Ranger District, 2020 Toketee Ranger water infiltration within managed trees for great gray owls; construction of Station Road, Idleyld Park, OR 97447– stands that have been adversely affected rock dens for small mammals and 9704, or (541) 498–2531. by past management practices. reptiles at 4 depleted rock quarries; SUPPLEMENTARY INFORMATION: The area Relocation of three trailheads is based recruitment of large woody material being analyzed in the Fish Creek on the need to provide adequate parking within timber sale harvest units; 1100 Watershed Projects EIS encompasses for forest visitors that are using trail acres of site productivity restoration; approximately 53,578 acres of National systems. Spring rehabilitation is based 11.6 miles of instream log placement; Forest land on the Diamond Lake on the need to improve the hydrologic 2,400 acres of precommercial thinning; Ranger District. The planning area is function of the area and reduce and fuels hazard reduction on 1,230 located south of the North Umpqua potential soil erosion in the area. acres. Most of these activities will be River, north of the Rogue-Umpqua Wildlife enhancement projects are based funded through the Knutson- Divide, east of Copeland Creek, and on the need to improve wildlife habitat Vandenberg Program timber sale west of Mount Bailey, within Douglas conditions within the watershed. collections. County, Oregon. Instream wood placement is based on As part of the environmental analysis Timber sale harvest activity proposals the need to improve aquatic habitat process under the National are based on the need to achieve the where large woody debris has been Environmental Policy Act, the Umpqua objectives for matrix lands within removed or is otherwise absent or National Forest has begun the scoping Management Areas 10 and 11 of the deficient. Pre-commercial thinning is process for this project. Preliminary planning area, as described in the 1990 based on the need to increase stand issues identified to date include the Umpqua National Forest Land and growth and vigor of overstocked following: How will the public respond Resource Management Plan (LRMP), as managed stands. Road reconstruction/ to reduced travel and trail access within amended by the 1994 Record of maintenance and decommissioning is the watershed? How will the public Decision (ROD) for Amendments to based on the need to reduce the risk to respond to the harvest of old growth Forest Service and Bureau of Land the aquatic resources from road related stands within the watershed? Management Planning Documents erosional processes. Expansion of The scoping effort is intended to Within the Range of the Northern existing rock sources within the Fish identify issues, which may lead to the
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development of alternatives to the Environmental Quality Regulations for determined not to be a rule or regulation proposed actions. One of the purposes implementing the procedural provisions as defined in Executive Order 12866 of this notice of intent is to solicit input of the National Environmental Policy and Departmental Regulation 1512–1; from the public as part of the overall Act of 40 CFR 1503.3 in addressing therefore, the Executive Order and scoping effort. In addition to this notice, these points.) Departmental Regulation do not apply the public has been notified of the In the final EIS, the Forest Service is to this action. environmental impact statement required to respond to substantive In the March 8, 2001, Federal Register through the Umpqua National Forest’s comments and responses received (66 FR 13874), GIPSA asked persons April 2001 Schedule of Proposed during the comment period that pertain interested in providing official services Actions (SOPA). Scoping for this project to the environmental consequences in the Fostoria area to submit an will also include a public field trip in discussed in the draft EIS and application for designation. There were the Fish Creek watershed on June 9, applicable laws, regulations, and three applicants for the Fostoria area: 2001. Based on the preliminary issues, policies considered in making a Fostoria, Columbus Grain Inspection, the Responsible Official has determined decision regarding the proposal. The Inc. (Columbus), and Michigan Grain that it is appropriate to proceed with an Responsible Official is Don Ostby, Inspection Services, Inc. (Michigan). environmental impact statement. Forest Supervisor for the Umpqua Fostoria applied for designation to Public comments are appreciated National Forest. The Responsible provide official services in the entire throughout the analysis process. The Official will document the decision and area currently assigned to them. draft EIS is expected to be filed with the rationale for the decision in a Record of Columbus and Michigan, both Environmental Protection Agency (EPA) Decision. The decision will be subject to designated official grain inspection and be available for public review by appeal regulations (36 CFR part 215). agencies operating in Ohio and December 2001. The comment period on Dated: May 22, 2001. Michigan, applied for designation to the draft EIS will be 45 days from the provide official services in all or part of Don Ostby, date the EPA publishes the notice of the Fostoria geographical area. availability in the Federal Register. The Forest Supervisor, Umpqua National Forest. GIPSA is publishing this notice to final EIS is scheduled to be available in [FR Doc. 01–13732 Filed 5–31–01; 8:45 am] provide interested persons the March 2002. BILLING CODE 3410–11–M opportunity to present comments The Forest Service believes it is concerning the applicants. Commenters important to give reviewers notice of are encouraged to submit reasons and this early stage of public participation DEPARTMENT OF AGRICULTURE pertinent data for support or objection and of several court rulings related to Grain Inspection, Packers and to the designation of the applicants. All public participation in the Stockyards Administration comments must be submitted to the environmental review process. First, Compliance Division at the above reviewers of a draft EIS must structure [01–01–C] address. Comments and other available their participation in the environmental information will be considered in review of the proposal so that it is Opportunity To Comment on the making a final decision. GIPSA will meaningful and alerts an agency to the Applicants for the Fostoria (OH) Area publish notice of the final decision in reviewer’s position and contentions. AGENCY: Grain Inspection, Packers and the Federal Register, and GIPSA will Vermont Yankee Nuclear Power Corp. v. Stockyards Administration (GIPSA). send the applicants written notification NRDC, 435 U.S. 519, 553 (1978). Also, of the decision. ACTION: Notice. environmental objections that could Authority: Pub. L. 94–582, 90 Stat. 2867, have been raised at the draft stage may SUMMARY: GIPSA requests comments on as amended (7 U.S.C. 71 et seq.). be waived or dismissed by the court if the applicants for designation to provide Dated: May 4, 2001. not raised until after completion of the official services in the geographic area David R. Shipman, final EIS. City of Angoon v. Hodel, 803 currently assigned to Fostoria Grain f.2d 1016, 1022 (9th Cir, 1986) and Inspection, Inc. (Fostoria). Acting Administrator, Grain Inspection, Packers and Stockyards Administration. Wisconsin Heritages, Inc. v. Harris, 490 DATES: Comments must be postmarked, [FR Doc. 01–13583 Filed 5–31–01; 8:45 am] F. Supp. 1334, 1338 (E.D. Wis. 1980). or sent by telecopier (FAX) by June 30, BILLING CODE 3410–EN–P Because of these court rulings, it is very 2001. important that those interested in this ADDRESSES: Comments must be proposed action participate by the close submitted in writing to USDA, GIPSA, DEPARTMENT OF AGRICULTURE of the 45-day comment period so Janet M. Hart, Chief, Review Branch, substantive comments and objections Compliance Division, STOP 3604, Room Grain Inspection, Packers and are made available to the Forest Service 1647–S, 1400 Independence Avenue, Stockyards Administration at a time when it can meaningfully SW., Washington, DC 20250–3604. [01–02–A] consider and respond to them in the Telecopier (FAX) users may send final EIS. comments to the automatic telecopier To assist the Forest Service in Opportunity for Designation in the machine at 202–690–2755, attention: identifying and considering issues and Columbus (OH), Farwell (NM), and concerns on the proposed actions, Janet M. Hart. All comments received Northeast Indiana (IN) Areas, and comments on the draft EIS should be as will be made available for public Request for Comments on the Official specific as possible. It is also helpful if inspection at the above address at 1400 Agencies Serving These Areas comments refer to specific pages or Independence Avenue, SW., during regular business hours. AGENCY: Grain Inspection, Packers and chapters of the draft statement. Stockyards Administration (GIPSA) Comments may also address the FOR FURTHER INFORMATION CONTACT: Janet M. Hart at 202–720–8525, e-mail USDA. adequacy of the draft EIS or the merits ACTION: Notice. of the alternatives formulated and [email protected]. discussed in the statement. (Reviewers SUPPLEMENTARY INFORMATION: This SUMMARY: The designations of the may wish to refer to the Council on Action has been reviewed and official agencies listed below will end in
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January 2002. GIPSA is asking persons Division, STOP 3604, Room 1647–S, therefore, the Executive Order and interested in providing official services 1400 Independence Avenue, SW., Departmental Regulation do not apply in the areas served by these agencies to Washington, DC 20250–3604; FAX 202– to this Action. submit an application for designation. 690–2755. If an application is submitted Section 7(f)(1) of the United States GIPSA is also asking for comments on by FAX, GIPSA reserves the right to Grain Standards Act, as amended (Act), the services provided by these currently request an original application. All authorizes GIPSA’s Administrator to designated agencies: applications and comments will be designate a qualified applicant to Columbus Grain Inspection, Inc. made available for public inspection at provide official services in a specified (Columbus); Room 1647–S, 1400 Independence area after determining that the applicant Farwell Grain Inspection, Inc. (Farwell); Avenue, SW., during regular business is better able than any other applicant and hours. to provide such official services. Northeast Indiana Grain Inspection, Inc. (Northeast Indiana). FOR FURTHER INFORMATION CONTACT: Section 7(g)(1) of the Act provides Janet M. Hart at 202–720–8525, e-mail DATES: Applications and comments that designations of official agencies must be postmarked or sent by [email protected]. shall end not later than triennially and may be renewed according to the telecopier (FAX) on or before June 30, SUPPLEMENTARY INFORMATION: This criteria and procedures prescribed in 2001. Action has been reviewed and Section 7(f) of the Act. ADDRESSES: Submit applications and determined not to be a rule or regulation comments to USDA, GIPSA, Janet M. as defined in Executive Order 12866 1. Current Designations Being Hart, Chief, Review Branch, Compliance and Departmental Regulation 1512–1; Announced for Renewal
Designation Designation Official agency Main office start end
Columbus ...... Circleville, OH ...... 02/01/1999 01/31/2002 Farwell ...... Farwell, TX ...... 02/01/1999 01/31/2002 Northeast Indiana ...... Hoagland, IN ...... 02/01/1999 01/31/2002
a. Pursuant to Section 7(f)(2) of the Columbus’ assigned geographic area lines; the western Noble and Lagrange Act, the following geographic area, in does not include the export port County lines. the States of Michigan and Ohio, is locations inside Columbus’ area which The following grain elevator, located assigned to Columbus. are serviced by GIPSA. outside of the above contiguous In Ohio: b. Pursuant to Section 7(f)(2) of the geographic area, is part of this Bounded on the North by the northern Act, the following geographic area, in geographic area assignment: E.M.P. Lucas County line east to Lake Erie; the the States of Arizona, New Mexico and Coop, Payne, Paulding County, Ohio Lake Erie shoreline east to the Ohio- Texas, is assigned to Farwell. (located inside Michigan Grain Pennsylvania State line; Maricopa, Pinal, and Yuma Counties, Inspection Services, Inc.’s, area). Bounded on the East by the Ohio- Arizona. Pennsylvania State line south to the Bernalillo, Chaves, Curry, DeBaca, 2. Opportunity for Designation Ohio River; Eddy, Guadalupe, Lea, Quay, Roosevelt, Bounded on the South by the Ohio Interested persons, including San Miguel, Santa Fe, Torrance, and River south-southwest to the western Columbus, Farwell, and Northeast Union Counties, New Mexico. Scioto County line; and Indiana, are hereby given the Bounded on the West by the western Bailey, Cochran, Deaf Smith (west of opportunity to apply for designation to Scioto County line north to State Route State Route 214), Hockley, Lamb (south provide official services in the 73; State Route 73 northwest to U.S. of a line bounded by U.S. Route 70, FM geographic areas specified above under Route 22; U.S. Route 22 west to U.S. 303, U.S. Route 84, and FM 37), and the provisions of section 7(f) of the Act Route 68; U.S. Route 68 north to Clark Parmer Counties, Texas. and section 800.196(d) of the County; the northern Clark County line c. Pursuant to section 7(f)(2) of the regulations issued thereunder. west to State Route 560; State Route 560 Act, the following geographic area, in Designation in the specified geographic north to State Route 296; State Route the State of Indiana, is assigned to areas is for the period beginning 296 west to Interstate 75; Interstate 75 Northeat Indiana. February 1, 2002, and ending December north to State Route 47; State Route 47 Bounded on the North by the northern 31, 2004. Persons wishing to apply for northeast to U.S. Route 68 (including all Lagrange and Steuben County lines; designation should contact the of Sidney, Ohio); U.S. Route 68 north to Bounded on the East by the eastern Compliance Division at the address U.S. Route 30; U.S. Route 30 east to Steuben, De Kalb, Allen, and Adams listed above for forms and information. County lines; State Route 19; State Route 19 north to 3. Request for Comments Seneca County; the southern Seneca Bounded on the South by the County line west to State Route 53; State southern Adams and Wells County GIPSA also is publishing this notice Route 53 north to Sandusky County; the lines; and to provide interested persons the southern Sandusky County line west to Bounded on the West by the western opportunity to present comments on the State Route 590; State Route 590 north Wells County line; the southern Columbus, Farwelll, and Northeast to Ottawa County; the southern and Huntington and Wabash County lines; Indiana official agencies. Commenters western Ottawa and Lucas County lines. the western Wabash County line north are encouraged to submit pertinent data In Michigan: Those sections of to State Route 114; State Route 114 concerning these official agencies Jackson, Lenawee, and Monroe Counties northwest to State Route 19; State Route including information on the timeliness, which are east of State Route 127 and 19 north to Kosciusko County; the cost, quality, and scope of services south of State Route 50. western and northern Kosciusko County provided. All comments must be
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submitted to the Compliance Division at East Indiana Grain Inspection, Inc. (East currently assigned to them, so GIPSA the above address. Indiana); did not ask for comments on them. Applications, comments, and other Fremont Grain Inspection Department, There were two applicants for the available information will be considered Inc. (Fremont); and Fremont area: Fremont and Sioux City in determining which applicant will be Titus Grain Inspection, Inc. (Titus). Inspection and Weighing Service designated. EFFECTIVE DATES: September 1, 2001. Company (Sioux City). Fremont applied Authority: Pub. L. 94–582, 90 Stat. 2867, ADDRESSES: USDA, GIPSA, Janet M. for designation to provide official as amended (7 U.S.C. 71 et seq.). Hart, Chief, Review Branch, Compliance services in the entire area currently Dated: May 4, 2001. Division, STOP 3604, Room 1647–S, assigned to them. Sioux City, a designated official grain inspection David R. Shipman, 1400 Independence Avenue, SW., agency operating in Iowa, Nebraska, and Acting Administrator, Grain Inspection, Washington, DC 20250–3604. South Dakota, applied for designation to Packers and Stockyards Administration. FOR FURTHER INFORMATION CONTACT: provide offiical services in all or part of [FR Doc. 01–13584 Filed 5–31–01; 8:45 am] Janet M. Hart at 202–720–8525, e-mail [email protected]. the Fremont geographical area. GIPSA BILLING CODE 3410–EN–P asked for comments on the applicants SUPPLEMENTARY INFORMATION: This for providing service in the Fremont action has been reviewed and DEPARTMENT OF AGRICULTURE area in the March 8, 2001, Federal determined not to be a rule or regulation Register (66 FR 13873). Comments were Grain Inspection, Packers and as defined in Executive Order 12866 due by March 31, 2001. GIPSA received Stockyards Administration and Departmental Regulation 1512–1; no comments by the deadline. therefore, the Executive Order and [00–04–S] Departmental Regulation do not apply GIPSA evaluated all available to this action. information regarding the designation Designation for the East Indiana (IN), In the December 1, 2000, Federal criteria in Section 7(f)(1)(A) of the Act Fremont (NE), and Titus (IN) Areas Register (65 FR 75237), GIPSA asked and, according to Section 7(f)(1)(B), determined that East Indiana and Titus AGENCY: Grain Inspection, Packers and persons interested in providing official services in the geographic areas are able, and Fremont is better able, to Stockyards Administration (GIPSA). provide official services in the ACTION: Notice. assigned to the official agencies named above to submit an application for geographic areas specified in the SUMMARY: GIPSA announces designation designation. Applications were due by September 1, 2000, Federal Register, for of the following organizations to December 31, 2000. which they applied. provide official services under the East Indiana and Titus were the sole Interested persons may obtain official United States Grain Standards Act, as applicants for designation to provide services by calling the telephone amended (Act): official services in the entire area numbers listed below.
Official agency Headquarters location and telephone Designation start–end
East Indiana ...... Muncie, IN: 765–289–1206 ...... 09/01/2001–06/30/2004 Fremont ...... Fremont, NE: 402–721–1270 ...... 09/01/2001–06/30/2004 Additional Service Location: Denison, IA ...... Titus ...... West Lafayette, IN: 765–497–2202 ...... 09/01/2001–06/30/2004
Authority: Pub. L. 94–582, 90 Stat. 2867, financing assistance to Georgia kilowatt diesel generator should the as amended (7 U.S.C. 71 et seq.). Transmission Corporation for the load on the substation increase beyond Dated: May 4, 2001. construction of 5 diesel electric 7.3 megawatts (4 × 1825 = 7300 David R. Shipman, generators at the existing Egypt kilowatts or 7.3 megawatts). The diesel Acting Administrator, Grain Inspection, Substation located just north of Egypt- generators will be constructed within Packers and Stockyards Administration. Ardmore Road and approximately 600 sound attenuated enclosures with [FR Doc. 01–13585 Filed 5–31–01; 8:45 am] feet west of Georgia Highway 21 in mufflers to reduce operating noise. In BILLING CODE 3410–EN–U Effingham County, Georgia. addition, a buffer of vegetation will be FOR FURTHER INFORMATION CONTACT: Bob installed between the station and Quigel, Environmental Protection nearest residential properties to provide DEPARTMENT OF AGRICULTURE Specialist, Engineering and further attenuation of noise levels. The Environmental Staff, RUS, Stop 1571, diesels will be unmanned as they can be Rural Utilities Service 1400 Independence Avenue, SW., operated from a remote location. Washington, DC 20250–1571, telephone Georgia Transmission Corporation; (202) 720–0468, e-mail at Copies of the FONSI are available for Notice of Finding of No Significant [email protected]. review at, or can be obtained from, RUS Impact at the address provided herein or from SUPPLEMENTARY INFORMATION: The initial Mr. R. Vince Howard, Georgia AGENCY: Rural Utilities Service, USDA. construction will involve the placement Transmission Corporation, 2100 East ACTION: Notice of finding of no of 4, 1825 kilowatt diesels, an 8000 Exchange Place, Tucker, Georgia 30085– significant impact. gallon fuel tank, 4, 2.5 million volt-amp 2088, telephone (770) 270–7635. Mr. transformers, and a 12 kilovolt circuit Howard’s e-mail address is SUMMARY: Notice is hereby given that breaker with protective relaying. The [email protected]. the Rural Utilities Service (RUS) has Egypt Substation will be graded and made a finding of no significant impact expanded in such a manner as to allow (FONSI) with respect to possible for the addition of one more 1825
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Dated: May 17, 2001. DEPARTMENT OF AGRICULTURE information can also be obtained from: Blaine D. Stockton, Kenneth Slone, State Director, USDA, Assistant Administrator, Electric Program. Rural Utilities Service Rural Development State Office, 771 [FR Doc. 01–13824 Filed 5–31–01; 8:45 am] Corporate Drive, Suite 200, Lexington, Jackson County Lake Project KY 40503, telephone (606) 224–7300, or BILLING CODE 3410–13–P AGENCY: Rural Utilities Service, USDA. fax (606) 224–7340. ACTION: Notice of availability of final A copy of the Final EIS can be DEPARTMENT OF AGRICULTURE environmental impact statement. obtained or viewed online at http:// www.usda.gov/rus/water/ees/feis- Rural Utilities Service SUMMARY: Notice is hereby given that jc.htm. The files are in a portable the Rural Utilities Service (RUS) is document format (pdf); in order to Georgia Transmission Corporation; issuing a Final Environmental Impact review or print the document, users Notice of Finding of No Significant Statement (EIS) for the Jackson County need to obtain a free copy of Acrobat Impact Lake Project. The Final EIS was Reader. The Acrobat Reader can be prepared pursuant to the National obtained from http://www.adobe.com/ AGENCY: Rural Utilities Service, USDA. Environmental Policy Act of 1969 prodindex/acrobat/readstep.html. (NEPA) (U.S.C. 4231 et seq.) in Copies of the Final EIS will be ACTION: Notice of finding of no accordance with the Council on available for public review during significant impact. Environmental Quality regulations for normal business hours at the following implementing the procedural provisions locations: SUMMARY: Notice is hereby given that of NEPA (40 CFR parts 1500–1508) and Jackson County Public Library, the Rural Utilities Service (RUS) has RUS regulations (7 CFR part 1940–G). Courthouse Square, P.O. Box 160, made a finding of no significant impact RUS invites comments on the Final EIS. McKee, KY 40447, (606) 287–8113 (FONSI) with respect to possible The purpose of the EIS is to evaluate Natural Resources Conservation Service, financing assistance to Georgia the potential environmental impacts of U.S. Highway 421 South, McKee, KY Transmission Corporation for the and alternatives to the Jackson County 40447, (606) 287–8311 construction of a 500/230 kV Substation Empowerment Zone (EZ) Community, Jackson County Extension Service 263 in Mitchell County, Georgia. Incorporated and Jackson County Water U.S. Highway 421, South, P.O. Box Association’s (JCWA) applications for 188, McKee, KY 40447, (606) 287– FOR FURTHER INFORMATION CONTACT: Bob financial assistance to provide water 7693 Quigel, Environmental Protection supply for the residents of Jackson Kentucky Highlands Investment Specialist, Engineering and County and parts of surrounding Corporation, 362 Old Whitley Road, Environmental Staff, RUS, Stop 1571, counties. A secondary purpose of the London, KY 40741, (606) 864–5175 1400 Independence Avenue, SW., proposal is to provide recreational Jackson County EZ Community, Washington, DC 20250–1571, telephone opportunities. The project, known as the Incorporated, McCammon Ridge (202) 720–0468, e-mail at Jackson County Lake Project, proposes Road, P.O. Box 280, McKee, KY 4044, [email protected]. to construct a roller-compacted concrete (606) 287–8395 dam to create a reservoir within Jackson USDA Rural Development, 771 SUPPLEMENTARY INFORMATION: The County, Kentucky, and to construct a Corporate Drive, Suite 200, Lexington, project is to be named the Raccoon raw water transmission main from the KY 40503, (606) 224–7300 Creek Substation. It will provide for the proposed reservoir to the JCWA SUPPLEMENTARY INFORMATION: Pursuant Treatment Plant. A 300-foot buffer zone interconnection of the existing 500 kV to Subchapter C, Part I (Empowerment surrounding the reservoir horizontally Farley to North Tipton and 230 kV Zones, Enterprise Communities and from the normal pool level has been Mitchell to Thomasville transmission Rural Development Investment Areas) of proposed to protect the water quality of lines. The site location for the Title XIII of the Omnibus Budget the reservoir by restricting development substation is at the intersection of Reconciliation Act of 1993, Jackson and certain land uses in this area. Also Jackson Dairy Road and Stagecoach County, Kentucky is located in an area included in the proposal is the Road in northwest Mitchell County. The designated as an Empowerment Zone/ construction of a water intake structure size of the site is 110 acres. The fenced Enterprise Community (EZ/EC) (see 60 and a pump house to pump water out area for the substation will be FR 6945, February 6, 1995). The of the reservoir. Proposed recreational approximately 25 acres. The land use at purpose of the EZ/EC initiative is to development around the reservoir may the site is agricultural field. empower rural communities and their include a boat ramp, boat dock, public residents to create opportunities for Copies of the FONSI are available for beach, hiking trails, picnic areas, and a economic development as part of a review at, or can be obtained from, RUS primitive campground. Federal-State-local and private sector at the address provided herein or from DATES: Written comments on this Final Mr. John Lasseter, Georgia Transmission partnership. The proposed action is an EIS will be accepted on or before July integral component of the EZ/EC Corporation, 2100 East Exchange Place, 2, 2001. initiative as identified in the Kentucky Tucker, Georgia 30085–2088, telephone ADDRESSES FOR FURTHER INFORMATION: Highland Empowerment Zone’s (770) 270–7710. Mr. Lasseter’s e-mail To send comments or for more Strategic Plan. The proposed action will address is [email protected]. information, contact: Mark S. Plank, improve the area’s water supply Dated: May 21, 2001. Acting Director, USDA, Rural Utilities necessary for promoting economic Sylvia M. Green, Service, Engineering and Environmental development in the area. Acting Assistant Administrator, Electric Staff, 1400 Independence Avenue, Mail The Jackson County EZ Community, Program. Stop 1571, Washington, DC 20250, Inc. and the JCWA have applied for [FR Doc. 01–13825 Filed 5–31–01; 8:45 am] telephone (202) 720–1649, fax (202) financial assistance for the Jackson 720–0820, or e-mail: County Lake Project from the following: BILLING CODE 3410–15–P [email protected]. Further RUS; Appalachian Regional
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Commission; U.S. Department of the EIS, RUS has identified the War 1421 Jefferson Davis Highway, Commerce, Economic Development Fork and Steer Fork, 3.5 MGD reservoir Arlington, Virginia 22202–3259. Administration; Department of Housing as their preferred alternative. The FOR FURTHER INFORMATION CONTACT: and Urban Development; Kentucky Jackson County Empowerment Zone Patrick T. Mooney (703) 603–7740. Highlands Empowerment Zone; and concurs. Kentucky Tobacco Settlement money. In The War Fork and Steer Fork dam site SUPPLEMENTARY INFORMATION: This accordance with 40 CFR 1501.5, Lead is located about 0.5 miles southwest of notice is published pursuant to 41 Agencies, the RUS is the lead Agency Turkey Foot in eastern Jackson County. U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its for the EIS and the U.S. Forest Service The dam would be situated on War purpose is to provide interested persons is the Cooperating Agency. Fork, 0.75 miles north of the confluence an opportunity to submit comments on The Draft EIS was published May 26, with Steer Fork. The dam would be the possible impact of the proposed 2000 for a 45-day comment period. In about 87 to 107 feet tall, 760 to 790 feet actions. addition, two public meetings were held long, and 102 to 122 feet wide, creating If the Committee approves the in McKee, Kentucky on June 27, 2000 to a reservoir with an average yield of 3.5 proposed additions, all entities of the solicit comments from the public and mgd of raw water. At a normal pool Federal Government (except as other interested parties. elevation of 980 feet above mean sea otherwise indicated) will be required to Comments received from agencies and level (MSL), the surface area of this procure the services listed below from the public on the Draft EIS and revision reservoir would be about 116 acres. At nonprofit agencies employing persons of the water needs analysis led to the a potential maximum flood elevation of reassessment of various reservoir and who are blind or have other severe 1,000 feet above MSL, the surface area disabilities. non-reservoir alternatives for meeting of the reservoir would be approximately Jackson County’s projected water needs. 162 acres. The total acreage for a I certify that the following action will As a result of this reassessment, two reservoir at maximum flood level at this not have a significant impact on a types of alternatives are now considered site, with a 300-foot buffer extending substantial number of small entities. to be reasonable for meeting those from normal pool level, would be about The major factors considered for this needs. The action proposed by the 337 acres of land. As much of this land certification were: Jackson County Empowerment Zone is currently part of the Daniel Boone 1. The action will not result in any Community, Incorporated (EZ), Jackson National Forest, land acquisition at this additional reporting, recordkeeping or County Fiscal Court, and the Jackson site would require a land exchange with other compliance requirements for small County Water Association (JCWA) the U.S. Forest Service. The War Fork entities other than the small consists of either the construction of a and Steer Fork reservoir site has been organizations that will furnish the roller-compacted concrete (RCC) dam to identified as the Lead Agency’s services to the Government. create a reservoir within Jackson Preferred Alternative. County, Kentucky, and the construction 2. The action will result in With this notice, RUS invites any of a raw water transmission main from authorizing small entities to furnish the affected Federal, State, and local the proposed reservoir to the existing services to the Government. Agencies and other interested persons to JCWA Treatment Plant, or the 3. There are no known regulatory comment on the Final EIS. construction of a water transmission alternatives which would accomplish pipeline from an existing surface water Dated: May 24, 2001. the objectives of the Javits-Wagner- resource in a neighboring county to Blaine D. Stockton, O’Day Act (41 U.S.C. 46–48c) in Jackson County for the purposes of Acting Administrator, Rural Utilities Service. connection with the services proposed importing additional water. For the dam [FR Doc. 01–13521 Filed 5–31–01; 8:45 am] for addition to the Procurement List. and reservoir alternatives, a 300-foot BILLING CODE 3410–15–P Comments on this certification are buffer zone surrounding the reservoir invited. Commenters should identify the horizontally from the normal pool level statement(s) underlying the certification has been proposed to protect the water on which they are providing additional quality of the reservoir by restricting COMMITTEE FOR PURCHASE FROM information. development and certain land uses in PEOPLE WHO ARE BLIND OR The following services have been this area. Along with the dam, a water SEVERELY DISABLED proposed for addition to Procurement intake structure and a pump house List for production by the nonprofit would be constructed to pump water Procurement List Proposed Additions agencies listed: out of the reservoir. Proposed AGENCY: Committee for Purchase From Services recreational development around the People Who Are Blind or Severely reservoir may include a boat ramp, boat Disabled. Janitorial/Custodial dock, public beach, hiking trails, picnic U.S. Army Reserve Center, Bullville, Route areas, and a primitive campground. ACTION: Proposed Additions to 17K, Bullville, New York In the Draft EIS both the Rural Procurement List. NPA: Occupations, Inc., Middletown, New Utilities Service and the Jackson County York SUMMARY: The Committee is proposing Empowerment Zone asserted that their Mailroom Operation to add to the Procurement List services preferred alternative for meeting the Department of Health and Human Services, to be furnished by nonprofit agencies Program Support Center Headquarters, purpose and need of the proposed employing persons who are blind or Dallas, Texas action was the War Fork and Steer Fork have other severe disabilities. NPA: Dallas Lighthouse for the Blind, Inc., proposal. After comparing project costs, Dallas, Texas user rates impacts, future growth COMMENTS MUST BE RECEIVED ON OR prospects of Jackson County and the BEFORE: July 2, 2001. Louis R. Bartalot, surrounding area, and evaluating other ADDRESS: Committee for Purchase From Director, Program Analysis and Evaluation. relevant information with regard to the People Who Are Blind or Severely [FR Doc. 01–13818 Filed 5–31–01; 8:45 am] reasonable alternatives considered in Disabled, Jefferson Plaza 2, Suite 10800, BILLING CODE 6353–01–P
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COMMITTEE FOR PURCHASE FROM percent of the Government requirement, Committee is not required to assess the PEOPLE WHO ARE BLIND OR or a monthly amount not to exceed impact of its Procurement List additions SEVERELY DISABLED 3,500 metric tons. Because of confusion on small businesses. Consequently, the over the scope of this proposed commenter’s claims in this area are not Procurement List; Additions addition, the Committee on October 13, relevant to a Procurement List addition 2000 republished the proposal in the decision. AGENCY: Committee for Purchase From Federal Register (65 FR 60903), stating Committee fair market price People Who Are Blind or Severely that its scope was only an additional 5 determinations on USDA bulk food item Disabled. percent of the Government requirement. procurements subject to the ACTION: Additions to the Procurement The Committee further clarified this Procurement List are governed by a List. correction in a Federal Register notice 1993 pricing procedure that establishes of October 27, 2000 (65 FR 64420). an annual fair market price under SUMMARY: This action adds to the The Committee has traditionally standard Committee procedures and Procurement List commodities and considered its Procurement List permits monthly changes to that price services to be furnished by nonprofit additions to apply to annual based on negotiations between USDA agencies employing persons who are Government requirements for and the nonprofit agency which take blind or have other severe disabilities. commodities. Accordingly, this addition into account changing market EFFECTIVE DATE: July 2, 2001. will raise from 15 percent to 20 percent conditions. Since 1993, the Committee ADDRESSES: Committee for Purchase the portion of the total annual has changed its general commodities From People Who Are Blind or Severely Government requirement for this pricing procedures to reflect a Disabled, Jefferson Plaza 2, Suite 10800, commodity which must be purchased preference for negotiations generally as 1421 Jefferson Davis Highway, from the designated nonprofit agency. a means of assuring that its fair market Arlington, Virginia 22202–3259. However, this commodity has prices reflect market conditions. FOR FURTHER INFORMATION CONTACT: traditionally been purchased on a Consequently, the pricing procedure Patrick T. Mooney (703) 603–7740. monthly basis, and the procuring used for vegetable oil is consistent with Government agency, the U.S. the Committee’s general fair market SUPPLEMENTARY INFORMATION: On Department of Agriculture (USDA) has pricing procedures for commodities and October 13, 2000, April 13 and 20, 2001, informed the Committee that it will do not indicate a lack of Committee the Committee for Purchase From apply the percentage reservation for the oversight as the commenter claimed. People Who Are Blind or Severely nonprofit agency to its monthly USDA’s purchases of commodities such Disabled published notices (65 FR purchases. as vegetable oil are governed by a law 60903, 66 FR 19136, 19137 and 20234) USDA purchases vegetable oil in three commonly known as Public Law 480 of proposed additions to the sizes of containers: 6/4 liter, 20 liter, and its implementing regulations. One Procurement List. and 50 gallon. The nonprofit agency of the principles of the regulations is The following comments pertain to designated by the Committee produces that commodities purchased under the Vegetable Oil, 8945–00–NSH–0001, the oil in only the first two of these Public Law 480 program must be at the additional 5% of the Governments three containers. The commenter has ‘‘lowest landed cost,’’ which, the requirement. therefore argued that the scope of the commenter claimed, is not consistent Comments were received from a Procurement List additions should be with the Committee’s pricing current contractor for the vegetable oil. limited to a percentage of the vegetable procedures. The commenter further The commenter raised several points in oil purchases which are in those two claimed that the Committee’s prices, opposing the Committee’s proposal. container sizes. However, the intent of which allegedly do not reflect the First, the commenter questioned the the Committee and USDA is that the lowest landed cost, result in USDA scope of the proposed addition to the Procurement List addition applies to the having less money to achieve its Procurement List. Second, the designated percentage of the total objectives under Public Law 480. commenter claimed that the proposed Government requirement, regardless of USDA has informed the Committee addition would have a severe impact on the size of containers involved. that Public Law 480 is not inconsistent that company. Third, the commenter The commenter claimed in opposing with the Committee’s program. claimed that the amount of vegetable oil the 1999 addition of 15 percent of the Furthermore, USDA is authorized to being added to the Procurement List vegetable oil requirement to the take into account factors other than exceeded the share being provided by Procurement List that it would be lowest landed cost when buying such small businesses. Fourth, the severely impacted by the addition. At commodities as vegetable oil, commenter questioned the Committee’s that time, it was one of two suppliers of particularly in connection with oversight of the fair market price the oil to USDA. Since then, the socioeconomic programs such as the determinations being made for vegetable commenter has purchased the oil Committee’s program. USDA also oil. Fifth, the commenter claimed that facilities of the other supplier. While indicated that its costs to buy vegetable the price determinations must be based two other small businesses now also oil through the Committee’s program are on statutory and regulatory principles supply the oil to USDA, the commenter not significantly increased over contained in the law governing overseas retains the great majority of the sales to purchases from commercial suppliers, food assistance programs. USDA. Consequently, the Committee as any additional cost of dealing with In 1999, the Committee added 15 does not believe that the current the nonprofit agency is offset by not percent of the total Government addition of an additional 5 percent of having to pay for replacement requirement for this vegetable oil the supply requirement to the quantities, storage and transportation purchased for overseas food assistance Procurement List will have a severe due to leakage and damaged containers, to the Procurement List. By notice adverse impact on the commenter, even as USDA has done when dealing with published in the August 25, 2000 when the 1999 addition is taken into commercial suppliers of vegetable oil. Federal Register (65 FR 51794), the account. The following material pertains to all Committee proposed the addition to the Except as provided by the Regulatory of the items being added to the Procurement List of an additional 5 Flexibility Act, 5 U.S.C. Chap. 6, the Procurement List. After consideration of
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the material presented to it concerning Janitorial/Custodial, Defense Enterprise The meeting will be conducted capability of qualified nonprofit Computing Center (DECC), pursuant to the provisions of the rules agencies to provide the commodities Buildings 308 and 309, Naval and regulations of the Commission. and services and impact of the additions Supply Activity (NSA), Dated at Washington, DC, May 29, 2001. on the current or most recent Mechanicsburg, Pennsylvania. Edward A. Hailes Jr., contractors, the Committee has Janitorial/Custodial, Veteran Affairs General Counsel. determined that the services listed Building, 5000 Wissahickon [FR Doc. 01–13827 Filed 5–31–01; 8:45 am] below are suitable for procurement by Avenue, Philadelphia, the Federal Government under 41 U.S.C. Pennsylvania. BILLING CODE 6335–01–P 46–48c and 41 CFR 51–2.4. I certify that Janitorial/Custodial, Veterans Affairs the following action will not have a Medical Center, Huntington, West COMMISSION ON CIVIL RIGHTS significant impact on a substantial Virginia. number of small entities. The major Janitorial/Custodial, ATF Building, Sunshine Act Meeting factors considered for this certification Martinsburg, West Virginia. were: AGENCY: Ophthalmic Support Services, U.S. Commission on Civil 1. The action will not result in any Rights. additional reporting, recordkeeping or Yorktown Naval Weapons Station, DATE AND TIME: Friday, June 8, 2001, other compliance requirements for small Yorktown, Virginia. 9:30 a.m. entities other than the small This action does not affect current PLACE: organizations that will furnish the contracts awarded prior to the effective U.S. Commission on Civil Rights, commodities and services to the date of this addition or options that may 624 Ninth Street, NW., Room 540, Government. be exercised under those contracts. Washington, DC 20425. 2. The action will not have a severe STATUS: Louis R. Bartalot, economic impact on current contractors Agenda for the commodities and services. Director, Program Analysis and Evaluation. 3. The action will result in [FR Doc. 01–13819 Filed 5–31–01; 8:45 am] I. Approval of Agenda authorizing small entities to furnish the BILLING CODE 6353–01–P II. Approval of Minutes of May 4, 2001 commodities and services to the Meeting Government. III. Announcements 4. There are no known regulatory IV. Staff Director’s Report alternatives which would accomplish COMMISSION ON CIVIL RIGHTS V. Staff Advisory Committee Report the objectives of the Javits-Wagner- • Delaware Citizens Guide to Civil O’Day Act (41 U.S.C. 46–48c) in Agenda and Notice of Public Meeting Rights and Supporting Services connection with the commodities and of the Maryland Advisory Committee (Delaware) services proposed for addition to the VI. Discussion of Report on Voting Procurement List. Notice is hereby given, pursuant to Irregularities Occurring in Florida Accordingly, the following the provisions of the rules and During the 2000 Presidential commodities and services are hereby regulations of the U.S. Commission on Election added to the Procurement List: Civil Rights, that a meeting of the VII. Future Agenda Items Maryland Advisory Committee to the Commodities CONTACT PERSON FOR FURTHER Commission will convene at 9:30 a.m. INFORMATION: David Aronson, Press and Hose, Fire, 4210–00–542–3480, and adjourn at 5 p.m. on Saturday, June Communications (202) 376–8312. Vegetable Oil, 8945–00–NSH–0001. 23, 2001, at the Government Office Building, Room 301, 125 N. Division Edward A. Hailes, Jr., Services Street, Salisbury, Maryland 21803. The General Counsel. Administrative Services, Building 8– purpose of the meeting is to: (1) Plan [FR Doc. 01–13940 Filed 5–30–01; 1:22 pm] 1078, 1–3571, C–7417, 8–6643, Fort future activities, and (2) the Committee BILLING CODE 6335–00–M Bragg, North Carolina. will hold a community forum to gather Call Center Services, Department of information on civil rights State, Bureau of Consular Affairs developments from representatives of DEPARTMENT OF COMMERCE (Various location throughout USA), minority groups and local government Washington, DC. in Eastern Shore Maryland counties as International Trade Administration Food Service Attendant, Main Dining part of its project entitled, ‘‘Civil Rights Facility—Building 3650, Expanded Issues in Maryland Small Towns and Notice of Initiation of Five-Year Flight Kitchen—Building 4507, Rural Areas: Forums in Southern, (Sunset) Reviews Seymour Johnson AFB, North Eastern Shore, and Western Counties.’’ Carolina. AGENCY: Import Administration, Janitorial/Custodial, U.S. Air Force Persons desiring additional International Trade Administration, Recruiting Station, Wasilla, Alaska. information, or planning a presentation Department of Commerce. Janitorial/Custodial, Veterans Affairs, to the Committee, should contact ACTION: Notice of Initiation of Five-Year Greater Los Angeles Healthcare Chairperson K. Patrick Okura, 301–530– (‘‘Sunset’’) Reviews. System, East Los Angeles Out 0945, or Ki-Taek Chun, Director of the Patient Clinic, East Los Angeles, Eastern Regional Office, 202–376–7533 SUMMARY: In accordance with section California. (TDD 202–376–8116). Hearing-impaired 751(c) of the Tariff Act of 1930, as Janitorial/Custodial, Social Security persons who will attend the meeting amended (‘‘the Act’’), the Department of Administration, Western Program and require the services of a sign Commerce (‘‘the Department’’) is Center, 1221 Nevin Avenue, language interpreter should contact the automatically initiating five-year Richmond, California. Regional Office at least ten (10) working (‘‘sunset’’) reviews of the antidumping Janitorial/Custodial, Chateaugay Border days before the scheduled date of the and countervailing duty orders listed Station, Chateaugay, New York. meeting. below. The International Trade
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Commission (‘‘the Commission’’) is the provisions effective January 1, 1995, in 19 CFR 351.218. Guidance on publishing concurrently with this notice the effective date of the amendments methodological or analytical issues its notices of Institution of Five-Year made to the Act by the Uruguay Round relevant to the Department’s conduct of Reviews covering these same orders. Agreements Act (‘‘URAA’’). In addition, sunset reviews is set forth in the FOR FURTHER INFORMATION CONTACT: unless otherwise indicated, all citations Department’s Policy Bulletin 98:3— James P. Maeder, or Martha V. Douthit, to the Department of Commerce’s Policies Regarding the Conduct of Five- Office of Policy, Import Administration, (‘‘Department’’) regulations are to 19 year (‘‘Sunset’’) Reviews of CFR part 351 (2001). Pursuant to International Trade Administration, Antidumping and Countervailing Duty sections 751(c) and 752 of the Act, an U.S. Department of Commerce, at (202) Orders; Policy Bulletin, 63 FR 18871 antidumping (‘‘AD’’) or countervailing 482–3330 or (202) 482–5050, (April 16, 1998) (‘‘Sunset Policy duty (‘‘CVD’’) order will be revoked, or respectively, or Vera Libeau, Office of Bulletin’’). the suspended investigation will be Investigations, U.S. International Trade terminated, unless revocation or Commission, at (202) 205–3176. Background termination would be likely to lead to SUPPLEMENTARY INFORMATION: continuation or recurrence of (1) Initiation of Reviews dumping or a countervailable subsidy, The Applicable Statute In accordance with 19 CFR 351.218 and (2) material injury to the domestic Unless otherwise indicated, all industry. we are initiating sunset reviews of the citations to the Tariff Act of 1930, as The Department’s procedures for the following antidumping and amended (the ‘‘Act’’), are references to conduct of sunset reviews are set forth countervailing duty orders:
DOC Case No. ITC Case No. Country Product
A–588–838 ...... A–739 Japan ...... Clad Steel Plate A–475–818 ...... A–734 Italy ...... Certain Pasta C–475–819 ...... A–365 Italy ...... Certain Pasta A–489–805 ...... A–735 Turkey ...... Certain Pasta C–489–806 ...... A–366 Turkey ...... Certain Pasta
Filing Information the Federal Register of the notice of the notice of initiation. The required As a courtesy, we are making initiation of the sunset review. The contents of a substantive response, on information related to sunset Department’s regulations on submission an order-specific basis, are set forth at proceedings, including copies of the of proprietary information and 19 CFR 351.218(d)(3). Note that certain Sunset Regulations (19 CFR 351.218) eligibility to receive access to business information requirements differ for and Sunset Policy Bulletin, the proprietary information under APO can foreign and domestic parties. Also, note Department’s schedule of sunset be found at 19 CFR 351.304–306. that the Department’s information reviews, case history information (i.e., Information Required from Interested requirements are distinct from the previous margins, duty absorption Parties International Trade Commission’s determinations, scope language, import information requirements. Please volumes), and service lists, available to Domestic interested parties (defined consult the Department’s regulations for the public on the Department’s sunset in 19 CFR 351.102) wishing to information regarding the Department’s Internet website at the following participate in these sunset reviews must conduct of sunset reviews.1 Please respond not later than 15 days after the address: http://ia.ita.doc.gov/sunset/. consult the Department’s regulations at date of publication in the Federal All submissions in these sunset 19 CFR part 351 for definitions of terms Register of the notice of initiation by reviews must be filed in accordance and for other general information filing a notice of intent to participate. with the Department’s regulations concerning antidumping and regarding format, translation, service, The required contents of the notice of countervailing duty proceedings at the and certification of documents. These intent to participate are set forth at 19 Department. rules can be found at 19 CFR 351.303. CFR 351.218(d)(1)(ii). We note that the Also, we suggest that parties check the Department considers each of the orders This notice of initiation is being Department’s sunset website for any listed above as separate and distinct published in accordance with section updates to the service list before filing orders and, therefore, requires order- 751(c) of the Act and 19 CFR 351.218(c). specific submissions. In accordance any submissions. The Department will Dated: May 16, 2001. make additions to and/or deletions from with the Department’s regulations, if we the service list provided on the sunset do not receive a notice of intent to Faryar Shirzad, website based on notifications from participate from at least one domestic Assistant Secretary for Import parties and participation in this review. interested party by the 15-day deadline, Administration. Specifically, the Department will delete the Department will automatically [FR Doc. 01–13683 Filed 5–31–01; 8:45 am] from the service list all parties that do revoke the order without further review. BILLING CODE 3510–DS–P not submit a substantive response to the If we receive an order-specific notice notice of initiation. of intent to participate from a domestic Because deadlines in a sunset review interested party, the Department’s 1 A number of parties commented that these are, in many instances, very short, we regulations provide that all parties interim-final regulations provided insufficient time urge interested parties to apply for wishing to participate in the sunset for rebuttals to substantive responses to a notice of initiation, 19 CFR 351.218(d)(4). As provided in 19 access to proprietary information under review must file substantive responses CFR 351.302(b), the Department will consider administrative protective order (‘‘APO’’) not later than 30 days after the date of individual requests for extension of that five-day immediately following publication in publication in the Federal Register of deadline based upon a showing of good cause.
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DEPARTMENT OF COMMERCE measures (i.e., suspension of SUMMARY: The National Marine liquidation) from a four month period to Fisheries Service (NMFS) announces the International Trade Administration a period not to exceed six months, receipt of a petition to revise critical [A–834–806] pursuant to 19 C.F.R. 351.210(e)(2). habitat for northern right whales, Section 735(a)(2) of the Act provides Eubalaena glacialis and NMFS’ finding Postponement of Final Determination that a final determination may be that the petition presents substantial for Antidumping Duty Investigation: postponed until not later than 135 days scientific information indicating that Certain Hot-Rolled Carbon Steel Flat after the date of the publication of the this action may be warranted. Products From Kazakhstan preliminary determination if, in the DATES: NMFS is accepting comments on event of an affirmative determination, a the petition through August 30, 2001. AGENCY: Import Administration, request for such postponement is made ADDRESSES: Data, information, or International Trade Administration, by exporters who account for a Department of Commerce. comments concerning this petition significant proportion of exports of the should be submitted to Donna Wieting, ACTION: Notice of extension of time limit subject merchandise, or in the event of Chief, Marine Mammal Division, Office for final determination in the a negative preliminary determination, a of Protected Resources, 1315 East-West antidumping duty investigation of request for such postponement is made Highway, Silver Spring, MD, 20910. certain hot-rolled carbon steel flat by petitioner. The Department’s Comments will not be accepted if products from Kazakhstan. regulations, at 19 C.F.R. 351.210(e)(2), submitted via e-mail or Internet. The require that requests by respondents for SUMMARY: The Department of Commerce petition finding, supporting data, and (‘‘Department’’) is extending the time postponement of a final determination comments are available for public limit for the final determination in the be accompanied by a request for inspection at the same address. extension of provisional measures from antidumping duty investigation of FOR FURTHER INFORMATION CONTACT: Mr. a four month period to not more than certain hot-rolled carbon steel flat Brad Smith, NMFS, 222 West 7th six months. products from Kazakhstan. Avenue, Anchorage, Alaska, 99517; In accordance with 19 C.F.R. telephone (907) 271–5006; fax (907) EFFECTIVE DATE: June 1, 2001. 351.210(b)(2)(ii), because (1) our 271–3030 or Mr. Michael Payne, NMFS; FOR FURTHER INFORMATION CONTACT: preliminary determination is telephone (907) 586–7235; fax (907) Juanita H. Chen at 202–482–0409, or affirmative, (2) the respondent 586–7012. Rick Johnson at 202–482–3818, Import requesting a postponement accounts for Administration, International Trade a significant proportion of exports of the SUPPLEMENTARY INFORMATION: Administration, U.S. Department of subject merchandise, and (3) no Background Commerce, 1401 Constitution Avenue, compelling reasons for denial exist, we On October 13, 2000, NMFS received NW., Washington, DC 20230. are granting Ispat Karmet’s request and a petition dated October 4, 2000, from are postponing the final determination Applicable Statute and Regulations the Center for Biological Diversity, P.O. to September 15, 2001, which is not Box 40090, Berkeley, CA, 94704–4090. Unless otherwise indicated, all later than 135 days after the publication The petitioner requests that NMFS citations to the Tariff Act of 1930, as of the preliminary determination in the amend the present critical habitat amended (‘‘Act’’), are references to the Federal Register. Suspension of designation for northern right whales by provisions effective January 1, 1995, the liquidation will be extended designating an area within the effective date of the amendments made accordingly. to the Act by the Uruguay Round This notice of postponement is southeastern Bering Sea as critical Agreements Act (‘‘URAA’’). In addition, published pursuant to 19 C.F.R. habitat. Section 4(b)(3)(D) of the ESA, as unless otherwise indicated, all citations 351.210(g). to the Department’s regulations are to amended (16 U.S.C. 1533(b)(3)(D)(i)), the regulations codified at 19 C.F.R. part Dated: May 24, 2001. requires that NMFS make a finding on 351 (2000). Faryar Shirzad, whether a petition to revise a Assistant Secretary for Import designation of critical habitat presents Postponement of Final Determination Administration. substantial scientific information to and Extension of Provisional Measures [FR Doc. 01–13828 Filed 5–31–01; 8:45 am] demonstrate that the petitioned action On May 3, 2001, the affirmative BILLING CODE 3510–DS–P may be warranted. To the maximum preliminary determination was extent practicable, this finding is to be published for the investigation of made within 90 days of the receipt of certain hot-rolled carbon steel flat DEPARTMENT OF COMMERCE the petition, and the finding is to be products from Kazakhstan. See Notice of published promptly in the Federal Preliminary Determination of Sales at National Oceanic and Atmospheric Register. If the finding is that Less Than Fair Value: Certain Hot- Administration substantial scientific information is Rolled Carbon Steel Flat Products from [Docket No. 0104011088–1108-01; I.D. presented, NMFS is required to Kazakhstan, 66 FR 22168 (May 3, 2001). 030601D ] promptly begin a status review of the Pursuant to section 735(a)(2) of the Act species. Within 12 months of the date and section 351.210(b)(2)(ii) of the Endangered and Threatened Species; the petition is received, NMFS must Department’s regulations, on April 27, Finding for a Petition to Revise Critical make a determination on whether the 2001, respondent OJSC Ispat Karmet Habitat for Northern Right Whales petitioned action is warranted and must (‘‘Ispat Karmet’’) requested that the AGENCY: National Marine Fisheries promptly publish this determination in Department extend the final Service (NMFS), National Oceanic and the Federal Register. determination for the full sixty days as Atmospheric Administration (NOAA), This petition, based in part, on recent permitted by the statute and regulations. Commerce. sightings of the North Pacific stock of On May 1, 2001, Ispat Karmet submitted this species in the southeastern Bering ACTION: Notice of 90-day petition a supplemental request that the Sea, states that the vast majority of finding. Department extend provisional threats to these animals occur in this
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area and that feeding and courtship whales, as observed in 1997, when DEPARTMENT OF COMMERCE behavior have been observed in the area. researchers collected plankton samples There are three distinct populations of near feeding right whales in the National Oceanic and Atmospheric right whales inhabiting the North southeastern Bering Sea, suggesting that Administration Pacific, North Atlantic and the Southern these whales have shifted both their [I.D. 050901F] Hemisphere. Both the North Atlantic foraging ground, (from the shelf break and North Pacific stocks have and deeper waters) and their prey Taking and Importing Marine previously been described as a single species. Mammals; Taking Marine Mammals species, Eubalaena glacialis (the Incidental to Rocket Launches northern right whale). Recent genetic In recent years, the Bering Sea has studies provide evidence supporting experienced large changes, attributed in AGENCY: National Marine Fisheries species status for both North Atlantic part to climatic change which has Service (NMFS), National Oceanic and and North Pacific right whales. NMFS resulted in a general warming pattern Atmospheric Administration (NOAA), will be conducting a review to since the mid-1970s. Unusual blooms of Commerce. determine whether the North Pacific phytoplankton have been noted here, ACTION: Notice of issuance of stock should be reclassified as and, in 1997, a large bloom occurred in modification and annual renewal of a Eubalaena japonica. the southeastern Bering Sea, which was letter of authorization. The North Pacific stock is estimated associated with concentrations of to have once numbered at least 11,000 feeding right whales. The petitioner, SUMMARY: In accordance with provisions animals. These whales were heavily however, notes that the presence of of the Marine Mammal Protection Act exploited by commercial whaling, and these whales in subsequent years, when (MMPA) as amended, notification is hereby given that a modification and remain severely depleted. No reliable blooms were not evident, suggests that population estimate presently exists for annual renewal to a Letter of these waters provide productive this stock, although it is likely fewer Authorization (LOA) to take small foraging habitat under normal oceanic than 500. numbers of marine mammals incidental The North Pacific stock has conditions as well. to rocket launches at Vandenberg Air historically occurred across the North The location of calving grounds for Force Base (VAFB) and on the Northern Pacific, north of 35° N, with this stock is unknown. Breeding and Channel Islands has been issued to the concentrations in the Gulf of Alaska, calving of North Pacific right whales 30th Space Wing, U.S. Air Force. eastern Aleutian Islands, south-central were assumed to have occurred during DATES: Effective from May 31, 2001, Bering Sea, Sea of Okhotsk, and the Sea winter outside Alaskan waters. The until May 31 2002. of Japan. Sightings of these whales have recent observations of courtship ADDRESSES: The letter of authorization been rare and sporadic in recent times, behavior do not necessarily indicate that and supporting documentation are although a small number of whales have this area is used for breeding. available for review during regular been seen in the south-central Bering business hours at the following offices: Sea each July since 1996. This petition Response to Petition Marine Mammal Conservation Division, is based largely on these repeated Office of Protected Resources, NMFS, sightings, during which right whales NMFS has reviewed the petition, the were observed feeding and engaging in literature cited in the petition, and other 1315 East-West Highway, Silver Spring, courtship behavior. literature and available information. On MD 20910-3225, and the Southwest Critical habitat has been designated the basis of that information, NMFS Region, NMFS, 501 West Ocean for northern right whales in the Atlantic finds that the petition presents Boulevard, Suite 4200, Long Beach, CA Ocean, consisting of three areas off the substantial scientific information 90802. northeastern and southeastern United indicating that the requested action may FOR FURTHER INFORMATION CONTACT: States. The 1991 recovery plan for be warranted. NMFS’s finding is based Simona P. Roberts, Office of Protected northern right whales recommended in part on our concurrence with Resources, NMFS, (301) 713–2322, ext. that a separate recovery plan be petitioner’s statement that recent 106, or Christina Fahy, Southwest prepared for the North Pacific stock sightings of this stock have occurred in Region, NMFS, (562) 980–4023. ‘‘when population numbers are the area, that this region of the Bering SUPPLEMENTARY INFORMATION: available,’’ and that the plan identify Sea experiences intensive use by Background habitats essential or important to commercial shipment and fishing Section 101(a)(5)(A) of the MMPA (16 survival and recovery. No such plan vessels, and that the 1991 recovery plan U.S.C. 1361 et seq.) directs NMFS to exists today, and critical habitat has not for northern right whales recommended been identified for the North Pacific allow, on request, the incidental, but not that this stock be protected through stock. intentional, taking of small numbers of The area recommended by the ‘‘vigorous application of existing laws.’’ marine mammals by U.S. citizens who petitioner for designation has been Authority: 16 U.S.C. 1531, et seq. engage in a specified activity (other than recognized as a region of the Bering Sea Dated: May 25, 2001. commercial fishing) within a specified in which right whales have traditionally geographical region if certain findings John Oliver, occurred. Based on commercial whaling are made and regulations are issued. information, summering grounds for Acting Deputy Assistant for Fisheries, Under the MMPA, the term ‘‘taking’’ right whales in the Bering Sea were National Marine Fisheries Service. means to harass, hunt, capture, or kill or principally located in a triangular area [FR Doc. 01–13831 Filed 5–31–01; 8:45 am] to attempt to harass, hunt, capture, or of the southeastern Bering Sea between BILLING CODE 3510–22–S kill marine mammals. Atka, St. Matthew, and Nunivak Island, Permission may be granted for periods lying largely within, and to the south of, up to 5 years if NMFS finds, after the recommended critical habitat. The notification and opportunity for public Bering Sea shelf is apparently still used comment, that the taking will have a as summer feeding areas for some right negligible impact on the species or
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stock(s) of marine mammals and will inconsistent with the 5-year is necessary for the proper performance not have an unmitigable adverse impact programmatic implementing regulations of the functions of the agency, including on the availability of the species or (64 FR 9930). Due to this discrepancy, whether the information shall have stock(s) for subsistence uses. In NMFS determined that this final request practical utility; (b) the accuracy of the addition, NMFS must prescribe must be denied because it first requires agency’s estimate of burden of the regulations that include permissible modification of the current regulations proposed information collection; (c) methods of taking and other means governing space vehicle and test flight ways to enhance the quality, utility, and effecting the least practicable adverse activities (50 CFR 216.120-128). In clarity of the information to be impact on the species and its habitat addition to these requested collected; and (d) ways to minimize the and on the availability of the species for modifications to the launch schedule burden of the information collection on subsistence uses, paying particular and monitoring requirements, the 30th respondents, including through the use attention to rookeries, mating grounds, Space Wing also requested renewal of of automated collection techniques or and areas of similar significance. The their 1-year LOA for the year 2001-2002. other forms of information technology. regulations must include requirements Comments DATES: Consideration will be given to all pertaining to the monitoring and comments received by July 31, 2001. reporting of such taking. Regulations On March 19, 2001 (66 FR 15406) ADDRESSES: Written comments and NMFS published a notice of proposed governing the taking of seals and sea recommendations on the proposed modification and annual renewal and a lions incidental to missile and rocket information collection should be sent to launches, aircraft flight test operations, 30-day public comment period was the Office of the Under Secretary of and helicopter operations at Vandenberg provided on the proposed modifications Defense (Personnel and Readiness) were published on March 1, 1999 (64 FR and annual renewal. During the 30-day Department of Defense Education 9930), and remain in effect until public comment period no comments Activity, 4040 N. Fairfax Drive, December 31, 2003. were received. In accordance with the MMPA, as Arlington, VA 22203, Attn: Ms. Sara amended, and implementing Authorization Riggs. regulations, a 1-year LOA to take small In recognition of the timely receipt FOR FURTHER INFORMATION CONTACT: To numbers of seals and sea lions was and acceptance of the reports required request more information on this issued on May 31, 2000, to the 30th under 50 CFR 216.125(d) and a proposed information collection or to Space Wing (65 FR 37361). determination that the mitigation obtain a copy of the proposal and measures required pursuant to 50 CFR associated collection instruments, Summary of Request 216.124 and the LOA have been please write to the above address or call On February 5, 2001, the 30th Space undertaken, NMFS has renewed and at (703) 696–3067 ext. 2652. Wing, U.S. Air Force, requested a made the requested modifications to the Title, Associated Form, and OMB modification to their LOA issued on 1-year LOA. Issuance of this LOA is Control Number: Employment May 31, 2000. The letter requested based on a finding that the total takings Opportunities for Educators; DS Forms modifications to the launch schedule will have no more than a negligible 5010, 5011, 5012 and 5013; OMB and revisions to the LOA’s current impact on the seal and sea lion Number 0704–0370. monitoring requirements, specifically: populations off the Vandenberg coast Needs and Uses: The information (1) to eliminate the number of launches and on the Northern Channel Islands. collected by these forms concerns specified for each type of launch vehicle Dated: May 23, 2001. applicants for educator positions within (Titan II, Titan IV, Lockheed-Martin, the Department of Defense Dependent Wanda L. Cain, Delta II, Taurus, Atlas, and Minotaur) to Schools. The information is used to more accurately reflect the year to year Acting Deputy Director, Office of Protected verify employment history of educator Resources, National Marine Fisheries Service. variability of launch vehicle type; (2) to applicants and to determine creditable clarify that space launches occur from [FR Doc. 01–13834 Filed 5–31–01; 8:45 am] previous experience for pay-setting both North and South Vandenberg; (3) BILLING CODE 3510–22–S purposes for candidates selected for to increase the observation period prior educator positions. In addition, the to launches from 48 hours before any information is used to ensure the planned launch time to 72 hours before DEPARTMENT OF DEFENSE selection for employment with the any planned launch time; (4) to include Department of Defense Dependents monitoring over a 2-week period during Office of the Secretary Schools or individuals possessing the pupping season following any launches abilities and personal traits that give of government and commercial space Proposed Collection; Comment Request promise of outstanding success under vehicles, not just following Titan II and the unusual circumstances they will Titan IV launches as the current LOA AGENCY: Office of the Under Secretary of find working abroad. Information requires; and, (5) to change the criterion Defense (Personnel and Readiness). gathered is also used to ensure that the for monitoring pinnipeds on the ACTION: Notice. Department of Defense Dependents Northern Channel Islands from when Schools personnel practices meet the sonic booms are predicted to be In compliance with the Paperwork requirements of Federal law. ‘‘focused’’ or greater than 2 pounds per Reduction Act of 1995, as amended, Completion of the forms is entirely square foot (psf) to criterion for section 3506(c)(2)(A) of title 44, United voluntary. monitoring pinnipeds on the Northern States Code, the Office of the Under Affected Public: Individuals or Channel Islands when predicted sonic Secretary of Defense (Personnel and households. booms are greater than 1 psf. A final Readiness) announces the following Annual Burden Hours: 11,200. modification request to conduct proposal to renew public information Number of Respondents: 24,000. observations on harbor seal and other collection forms and seeks public Responses Per Respondent: 1. pinniped activity only during the harbor comment on the provisions thereof. Average Burden Per Response: 28 seal pupping season (March-June), as Comments are invited on: (a) Whether minutes. opposed to during any launch, was the proposed collection of information Frequency: Annually.
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SUPPLEMENTARY INFORMATION: information under the provisions of the DEPARTMENT OF DEFENSE Paperwork Reduction Act (44 U.S.C. Summary of Information Collection Chapter 35). Office of the Secretary The primary objective of the Title and OMB Number: Defense information collection is to ensure a Federal Acquisition Regulation Submission for OMB Review; quality education from prekindergarten Supplement (DFARS) Supplement Part Comment Request through grade 12 for the eligible minor 223, Environment, Conservation, and dependents of the Department of Occupational Safety, and Related ACTION: Notice. Defense military and civilian personnel Clauses at DFARS Part 252; OMB on official overseas assignments. This is Number 0704–0272. The Department of Defense has accomplished by securing data from Type of Request: Extension. submitted to OMB for clearance, the applicants for educational positions and Number of Respondents: 8,873. Responses Per Respondent: 1.66. following proposal for collection for officials with sufficient information to Annual Responses: 14,726. information under the provisions of the address an individual applicant’s traits Average Burden Per Response: 0.68 Paperwork Reduction Act (44 U.S.C. and characteristics. hours. Chapter 35). The forms associated with this data Annual Burden Hours: 9,997. collection are: Needs and Uses: This information Title, Form, and OMB Number: Department of Defense Dependents collection requires that an offeror/ Customer Comment Card; AF Form Schools Supplemental Application for contractor provide information in 3211; OMB Number 0701–0146. Overseas Employment (DS Form 5010). response to solicitation provisions and Type of Request: Reinstatement. The primary objective of this voluntary contract clauses in DFARS 252.223, Number of Respondents: 200. form is to ascertain an applicant’s excluding those provisions and clauses Responses Per Respondent: 1. eligibility for educator positions. relating to a drug-free workplace (which Department of Defense Dependents are approved under OMB Control Annual Responses: 200. Schools Professional Evaluation (DS Number 0704–0336). DoD contracting Average Burden Per Response: 5 Form 5011). This form is provided to officers use this information to: (1) minutes. officials in managerial and supervisory Verify compliance with requirements Annual Burden Hours: 17. positions as a means of verifying for labeling of hazardous material; (2) abilities and personal traits of Ensure contractor compliance and Needs and Uses: Each guest of Air applicants for educator positions to monitor subcontractor compliance with Force Lodging and its contract lodging ensure the selection of the best-qualified DoD 4145.26–M, DoD Contractors’ operations are provide access to AF individuals to occupy educator Safety Manual for Ammunition and Form 3211. The AF Form 3211 gives positions. Explosives, and minimize risk of each guest the opportunity to comment Department of Defense Dependents mishaps; (3) Identify the place of on facilities and services received. Schools Voluntary Questionnaire (DS performance of all ammunition and Completion and return of the form is Form 5012). This voluntary form helps explosives work; and, (4) Ensure optional. The information collection is ensure that the Department of Defense contractor compliance and monitor necessary for Wing leadership to assess Dependents Schools personnel practices subcontractor compliance with DoD the effectiveness of their lodging meet the requirements of Federal law. 5100.76–M, Physical Security of program. Respondents are authorized Department of Defense Dependents Sensitive Conventional Arms, guests of Air Force Lodging. Schools Verification of Professional Ammunition, and Explosives. Affected Public: Individuals or Educator Employment for Salary Rating Affected Public: Business or Other Households; Business or Other-For- Purposes (DS Form 5013). The purpose For-Profit; Not-for-Profit Institutions. Profit. of this voluntary form is to verify Frequency: On Occasion. Frequency: On Occasion. employment history of educator Respondents Obligation: Required to Obtain or Retain Benefits. Respondents Obligation: Voluntary. applicants and to determine creditable OMB Desk Officer: Mr. David M. previous experience for pay-setting Pritzker. OMB Desk Officer: Mr. Edward C. purposes for selected candidates. Written comments and Springer. Written comments and May 25, 2001. recommendations on the proposed recommendations on the proposed Patricia L. Toppings, information collection should be sent to information collection should be sent to Alternate OSD Federal Register Liaison Mr. Pritzker at the Office of Mr. Springer at the Office of Officer, Department of Defense. Management and Budget, Desk Officer Management and Budget, Desk Officer [FR Doc. 01–13750 Filed 5–31–01; 8:45 am] for DoD, Room 10236, New Executive for DoD, Room 10236, New Executive BILLING CODE 5001–08–M Office Building, Washington, DC 20503. Office Building, Washington, DC 20503. DOD Clearance Officer: Mr. Robert DOD Clearance Officer: Mr. Robert Cushing. Cushing. Written requests for copies of Written requests for copies of the DEPARTMENT OF DEFENSE information collection proposal should the information collection proposal should be sent to Mr. Cushing, WHS/ Office of the Secretary be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, Suite DIOR, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202–4302. Submission for OMB Review; 1204, Arlington, VA 22202–4302. Comment Request Dated: May 25, 2001. May 25, 2001. Patricia L. Toppings, L.M. Bynum, ACTION: Notice. Alternate OSD Federal Register Liaison Alternate OSD Federal Register Liaison The Department of Defense has Officer, Department of Defense. Officer, Department of Defense. submitted to OMB for clearance, the [FR Doc. 01–13747 Filed 5–31–01; 8:45 am] [FR Doc. 01–13748 Filed 5–31–01; 8:45 am] following proposal for collection of BILLING CODE 5001–08–M BILLING CODE 5001–08–M
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DEPARTMENT OF DEFENSE ADDRESSES: Defense Commissary thereto, the relevant records in the Agency, 1300 E. Avenue, Fort Lee, VA system of records may be referred, as a Office of the Secretary 23801–1800. routine use, to the appropriate agency, FOR FURTHER INFORMATION CONTACT: Ms. whether Federal, state, local, or MEDICARE–ELIGIBLE RETIREE Carole Marsh, Privacy Officer, at (804) foreign,charged with the responsibility HEALTHCARE BOARD OF 734–8841. of investigating or prosecuting such ACTUARIES; MEETING SUPPLEMENTARY INFORMATION: The violation or charged with enforcing or AGENCY: Department of Defense (DoD) Defense Commissary Agency notices for implementing the statute, rule, Medicare-Eligible Retiree Health Care systems of records subject to the Privacy regulation or order issued pursuant Board of Actuaries Act of 1974 (5 U.S.C. 552a), as amended, thereto. ACTION: Notice of meeting. have been published in the Federal Disclosure When Requesting Register and are available from the Information Routine Use SUMMARY: A meeting of the board has address above. been scheduled to execute the The proposed system report, as A record from a system of records provisions of Chapter 56, Title 10, required by 5 U.S.C. 522a(r) of the maintained by this component may be United States Code (10 U.S.C. 1111 et Privacy Act of 1974, as amended, was disclosed as a routine use to a Federal, seq.). The Board shall review DoD submitted on May 17, 2001, to the state, or local agency maintaining civil, actuarial methods and assumptions to House Committee on Government criminal, or other relevant enforcement be used in the valuation of benefits Reform, the Senate Committee on information or other pertinent under DoD retiree health care programs Governmental Affairs, and the Office of information, such as current licenses, if for medicare-eligible beneficiaries. Management and Budget (OMB) necessary to obtain information relevant Persons desiring to: (1) Attend the DoD pursuant to paragraph 4c of Appendix I to a component decision concerning the Medicare-Eligible Retiree Health Care to OMB Circular No. A–130, ‘Federal hiring or retention of an employee, the Board of Actuaries meeting or, (2) make Agency Responsibilities for Maintaining issuance of a security clearance, the an oral presentation or submit a written Records About Individuals,’ dated letting of a contract, or the issuance of statement for consideration at the February 8, 1996 (February 20, 1996, 61 a license, grant or other benefit. meeting must notify Joel Sitrin at (703) FR 6427). 696–7412 by June 22, 2001. Notice of Disclosure of Requested Information this meeting is required under the Dated: May 23, 2001. Routine Use Federal Advisory Committee Act. L.M. Bynum, A record from a system of records Alternate OSD Federal Register Liaison DATES: July 17, 2001, 1:00 p.m. to 5:00 maintained by this component may be Officer, Department of Defense. p.m. disclosed to a Federal agency, in ADDRESSES: Hilton-Alexandria Mark Defense Commissary Agency response to its request, in connection with the hiring or retention of an Center, Plaza 1 Room, 5000 Seminary Requesting Records Rd., Alexandria, VA 22311. employee, the issuance of a security Records are retried by name or by FOR FURTHER INFORMATION CONTACT: clearance, the reporting of an Chris Doyle, Chief Actuary, DoD Office some other personal identifier. It is investigation of an employee, the letting of the Actuary, 1555 Wilson Boulevard, therefore especially important for of a contract, or the issuance of a Suite 701, Arlington, VA 22209–2405, expeditious service when requesting a license, grant or other benefit by the (703) 696–7407. record that particular attention be requesting agency, to the extent that the provided to the Notification and/or information is relevant and necessary to Dated: May 25, 2001. Access Procedures of the particular the requesting agency’s decision on the L.M. Bynum, record system involved so as to furnish matter. Alternate OSD Federal Register Liaison the required personal identifiers, or any Officer, DoD. other pertinent personal information as Congressional Inquiries Routine Use [FR Doc. 01–13749 Filed 5–31–01; 8:45 am] may be required to locate and retrieve Disclosure from a system of records BILLING CODE 5001–08–M the record. maintained by this component may be made to a Congressional office from the Blanket Routine Uses record of an individual in response to DEPARTMENT OF DEFENSE Certain ‘blanket routine uses’ of the an inquiry from the Congressional office records have been established that are made at the request of that individual. Defense Commissary Agency applicable to every record system Private Relief Legislation Routine Use Privacy Act of 1974; System of maintained within the Department of Relevant information contained in all Records Defense unless specifically stated otherwise within a particular record systems of records of the Department of AGENCY: Defense Commissary Agency, system. These additional blanket Defense published on or before August DOD. routine uses of the records are 22, 1975, may be disclosed to the Office ACTION: Notice to add systems of published below only once in the of Management and Budget in records. interest of simplicity, economy and to connection with the review of private avoid redundancy. relief legislation as set forth in OMB SUMMARY: The Defense Commissary Circular A–19 at any stage of the Law Enforcement Routine Use Agency proposes to add two systems of legislative coordination and clearance records to its inventory of record In the event that a system of records process as set forth in that Circular. systems subject to the Privacy Act of maintained by this component to carry 1974 (5 U.S.C. 552a), as amended. out its functions indicates violation or Disclosures Required by International DATES: This action will be effective potential violation of law, whether civil, Agreements Routine Use without further notice on July 2, 2001, criminal or regulatory in nature, and A record from a system of records unless comments received that would whether arising by general statute or by maintained by this component may be result in a contrary determination. regulation, rule or order issued pursuant disclosed to foreign law enforcement,
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security, investigatory, or administrative facility upon certification by a banking ZIG 001 authorities in order to comply with facility officer that the facility has a SYSTEM NAME: requirements imposed by, or to claim returned or dishonored check negotiated Commissary Patron Inquiry, rights conferred in, international for the individual or the individual has Complaint, Comment, and Suggestion agreements and arrangements including defaulted on a loan and that if Files. those regulating the stationing and restitution is not made by the status in foreign countries of individual, the U.S. Government will be SYSTEM LOCATION: Department of Defense military and liable for the losses the facility may Office of the Inspector General, civilian personnel. incur. Defense Commissary Agency, 1300 E. Avenue, Fort Lee, VA 23801–1800. Disclosure to State and Local Taxing Disclosure of Information to the General Authorities Routine Use Services Administration Routine Use CATEGORIES OF INDIVIDUALS COVERED BY THE Any information normally contained SYSTEM: in IRS Form W–2 which is maintained A record from a system of records Patrons of the Commissaries who in a record from a system of records maintained by this component may be make inquiries, complaints, comments, maintained by this component may be disclosed as a routine use to the General or suggestions on it’s operations. disclosed to state and local taxing Services Administration for the purpose authorities with which the Secretary of of records management inspections CATEGORIES OF RECORDS IN THE SYSTEM: the Treasury has entered into conducted under authority of 44 U.S.C. Customer’s name, address, telephone agreements pursuant to Title 5, U.S. 2904 and 2906. number, and e-mail address; Code, sections 5516, 5517, 5520, and information pertaining to the subject of only to those state and local taxing Disclosure of Information to the inquiry, complaint, comment, or authorities for which an employee or National Archives and Records suggestion, and response thereto; military member is or was subject to tax Administration Routine Use customer opinion survey data. regardless of whether tax is or was A record from a system of records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: withheld. This routine use is in maintained by this component may be accordance with Treasury Fiscal 5 U.S.C. 301, Departmental Requirements Manual Bulletin Number disclosed as a routine use to the Regulations; and 10 U.S.C. 2482, 76–07. National Archives and Records Commissary stores: operation. Administration for the purpose of Disclosure to the Office of Personnel records management inspections PURPOSE(S): Management Routine Use conducted under authority of 44 U.S.C. To aid the Defense Commissary A record from a system of records 2904 and 2906. Agency in determining needs of subject to the Privacy Act and customers, responding to the customer’s Disclosure to the Merit Systems maintained by this component may be inquiries and comments, and disclosed to the Office of Personnel Protection Board Routine Use determining action required to settle customer complaints. Management concerning information on A record from a system of records pay and leave, benefits, retirement maintained by this component may be ROUTINE USES OF RECORDS MAINTAINED IN THE deductions, and any other information disclosed as a routine use to the Merit SYSTEM, INCLUDING CATEGORIES OF USERS AND necessary for the Office of Personnel Systems Protection Board, including the THE PURPOSES OF SUCH USES: Management to carry out its legally Office of the Special Counsel for the In addition to those disclosures authorized Government-wide personnel purpose of litigation, including generally permitted under 5 U.S.C. management functions and studies. administrative proceedings, appeals, 552a(b) of the Privacy Act, these records Disclosure to the Department of Justice special studies of the civil service and or information contained therein may for Litigation Routine Use other merit systems, review of OPM or specifically be disclosed outside the DoD as a routine use pursuant to 5 component rules and regulations, A record from a system of records U.S.C. 552a(b)(3) as follows: maintained by this component may be investigation of alleged or possible The DoD ‘‘Blanket Routine Uses’’ set disclosed as a routine use to any prohibited personnel practices; forth at the beginning of the Defense component of the Department of Justice including administrative proceedings Commissary Agency’s compilation of for the purpose of representing the involving any individual subject of a systems of records notices apply to this Department of Defense, or any officer, DoD investigation, and such other system. employee or member of the Department functions, promulgated in 5 U.S.C. 1205 in pending or potential litigation to and 1206, or as may be authorized by POLICIES AND PRACTICES FOR STORING, which the record is pertinent. law. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Disclosure to Military Banking Facilities Counterintelligence Purposes Routine STORAGE: Overseas Routine Use Use Automated and paper records stored Information as to current military in file folders and computerized addresses and assignments may be A record from a system of records database. provided to military banking facilities maintained by this component may be who provide banking services overseas disclosed as a routine use outside the RETRIEVABILITY: and who are reimbursed by the DoD or the U.S. Government for the By customer’s name, case number, e- Government for certain checking and purposes of counterintelligence mail address, and commissary. loan losses. For personnel separated, activities authorized by U.S. Law or discharged, or retired from the Armed Executive Order or for the purpose of SAFEGUARDS: Forces, information as to last known enforcing laws which protect the Paper and automated records are residential or home of record address national security of the United States. stored in rooms with restricted access in may be provided to the military banking a secure building. In addition, access is
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limited to the Inspector General staff in Agency (DeCa), ATTN: GC, 1300 E. RETENTION AND DISPOSAL: performance of their official duties. Avenue, Fort Lee, VA 23801–1800. Records retained for six years after final action, then destroyed. Paper RETENTION AND DISPOSAL: CATEGORIES OF INDIVIDUALS COVERED BY THE records are shredded. Records are destroyed by shredding SYSTEM: after 2 years. Any individual who may or has filed SYSTEM MANAGER(S) AND ADDRESS: Administrative Support Assistant, SYSTEM MANAGER(S) AND ADDRESS: a claim, a complaint or similar pleading or instituted litigation against the Office of the General Counsel, Your Action Line Coordinator, Office Headquarters, Defense Commissary of the Inspector General, Defense Defense Commissary Agency in a court or administrative body or in an Agency, 1300 E. Avenue, Fort Lee, VA Commissary Agency, 1300 E. Avenue, 23801–1800. Fort Lee, VA 23801–180. established administrative dispute resolution procedure in which a Defense NOTIFICATION PROCEDURE: NOTIFICATION PROCEDURE: Commissary Agency employee or the Individuals seeking to determine Individuals seeking to determine Defense Commissary Agency is name as whether this system of records contains whether this system of records contains a defendant concerning matters under information about themselves should information about themselves should the cognizance of the General Counsel, address written inquiries to the address written inquiries to the Defense Commissary Agency. Freedom of Information Act/Privacy Freedom of Information Act/Privacy Officer, Defense Commissary Agency, Officer, Defense Commissary Agency, CATEGORIES OF RECORDS IN THE SYSTEM: 1300 E. Avenue, Fort Lee, VA 23801– 1300 E. Avenue, Fort Lee, VA 23801– Name of the party bringing the action, 1800. 1800. home address, telephone number, The request should contain the The request should contain the location, type of case and other details individual’s full name, address, and individual’s full name, address, and including settlement and resolution. telephone number. These items are telephone number. These items are necessary for the retrieval of necessary for the retrieval of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: information. Requests submitted on information. Requests submitted on 5 U.S.C. 301, Department Regulations behalf of other persons must include behalf of other persons must include and 10 U.S.C. 2482, Commissary stores: their written authorization. their written authorization. operation. RECORD ACCESS PROCEDURES: RECORD ACCESS PROCEDURES: PURPOSE(S): Individuals seeking access to records Individuals seeking access to The records are used to evaluate, about themselves contained in this information about themselves contained adjudicate, defend, prosecute, or settle system of records should address in this system should address written claims or lawsuits. written inquiries to the Freedom of inquiries to the Freedom of Information Information Act/Privacy Officer, Act/Privacy Officer, Defense ROUTINE USES OF RECORDS MAINTAINED IN THE Defense Commissary Agency, 1300 E. Commissary Agency, 1300 E. Avenue, SYSTEM, INCLUDING CATEGORIES OF USERS AND Avenue, Fort Lee, VA 23801–1800. Fort Lee, VA 23801–1800. THE PURPOSES OF SUCH USES: The request should contain the The request should contain the In addition to those disclosures individual’s full name, address, and individual’s full name, address, and generally permitted under 5 U.S.C. telephone number. These items are telephone number. These items are 552a(b) of the Privacy Act, these records necessary for the retrieval of necessary for the retrieval of or information contained therein may information. Requests submitted on information. Requests submitted on specifically be disclosed outside the behalf of other persons must include behalf of other persons must include DoD as a routine use pursuant to 5 their written authorization. their written authorization. U.S.C. 552a(b)(3) as follows: CONTESTING RECORD PROCEDURES: CONTESTING RECORD PROCEDURES: The DoD ‘Blanket Routine Uses’ set The Defense Commissary Agency’s forth at the beginning of the Defense The Defense Commissary Agency’s rules for accessing records, for Commissary Agency’s compilation of rules for accessing records, for contesting contents and appealing systems of records notices apply to this contesting contents and appealing initial agency determinations are system. initial agency determinations are contained in Defense Commissary contained in Defense Commissary POLICIES AND PRACTICES FOR STORING, Agency Directive 30–13; 32 CFR part Agency Directive 30–13; 32 CFR part RETRIEVING, ACCESSING, RETAINING, AND 327; or may be obtained from the 327; or may be obtained from the DISPOSING OF RECORDS IN THE SYSTEM: Freedom Of Information Act/Privacy Freedom of Information Act/Privacy Officer at 1300 E. Avenue, Fort Lee, VA STORAGE: Officer at 1300 E. Avenue, Fort Lee, VA 23801–1800. 23801–1800. Automated and paper records stored RECORD SOURCE CATEGORIES: RECORD SOURCE CATEGORIES: in file folders and computerized database. From the individual. From all sources with information which may impact upon actual or RETRIEVABILITY: EXEMPTION CLAIMED FOR THE SYSTEM: anticipated litigation, e.g., None. Name of litigant or anticipated litigant administrative boards, other record and case number. systems within DeCA, DoD, and third ZGC 001 parties who provide information SAFEGUARDS: SYSTEM NAME: voluntarily or in response to discovery. General Counsel Case Files. Paper and automated records are stored in rooms with restricted access in EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM LOCATION: a secure building. Access is limited to None. Office of the General Counsel, the General Counsel staff in [FR Doc. 01–13751 Filed 5–31–01; 8:45 am] Headquarters, Defense Commissary performance of their official duties. BILLING CODE 5001–08–M
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DEPARTMENT OF DEFENSE public. For further information, please CHANGES: contact LTC Thomas A. McWhorter. * * * * * Department of the Army (757) 788–2859. CATEGORIES OF INDIVIDUALS COVERED BY THE Army Science Board; Notice of Wayne Joyner, SYSTEM: Partially Closed Meeting Executive Assistant, Army Science Board. Add ‘100 percent disabled veterans [FR Doc. 01–13764 Filed 5–31–01; 8:45 am] and their dependents or survivors’ and In accordance with section 10(a)(2) of BILLING CODE 3710–08–M ‘contractors’ to the entry. the Federal Advisory Committee Act (P.L. 92–463), announcement is made of CATEGORIES OF RECORDS IN THE SYSTEM: the following Committee Meeting: DEPARTMENT OF DEFENSE Add to entry ‘disability Name of Committee: Army Science Board documentation’. (ASB) Analysis Panel. Defense Logistics Agency; Privacy Act * * * * * Date of Meeting: 4 June 2001. of 1974; Systems of Records Time of Meeting: 0800–1700. S322.50 DMDC Place: Ft. Belvoir. AGENCY: Defense Logistics Agency, Agenda: The Army Science Board’s (ASB) DOD. SYSTEM NAME: Summer Study 2001 Analysis Panel will ACTION: Notice to alter a system of Defense Eligibility Records. meet for briefings and discussions. These records. meetings will be partially open to the public. SYSTEM LOCATION: Any interested person may attend, appear SUMMARY: The Defense Logistics Agency Primary location: Naval Postgraduate before, or file statements with the Panel at School Computer Center, Naval the time and manner permitted by the Panel. proposes to alter a system of records notice in its inventory of record systems Postgraduate School, Monterey, CA The classified portions of these meetings will 93943–5000. be closed to the public in accordance with subject to the Privacy Act of 1974 (5 Section 552b(c) of Title 5, U.S.C., specifically U.S.C. 552a), as amended. Back-up location: Defense Manpower Data Center, DoD Center Monterey Bay, subparagraph (1) thereof, and Title 5, U.S.C., DATES: This action will be effective 400 Gigling Road, Seaside, CA 93955– Appendix 2, subsection 10(d). For further without further notice on July 2, 2001 information, please contact Karen Williams 6771. at (407) 384–3937. unless comments are received that would result in a contrary CATEGORIES OF INDIVIDUALS COVERED BY THE Wayne Joyner, determination. SYSTEM: Executive Assistant, Army Science Board. ADDRESSES: Send comments to the Active duty Armed Forces and reserve Analysis Panel Ft. Belvoir JVB Site Visit; 4 Privacy Act Officer, Headquarters, personnel and their family members; June 01, Agenda Defense Logistics Agency, ATTN: DSS– retired Armed Forces personnel and their family members; 100 percent 4 June—Ft. Belvoir C, 8725 John J. Kingman Road, Suite 2533, Fort Belvior, VA 22060–6221. disabled veterans and their dependents 0900–1200 JBV Review; Unclassified— or survivors; surviving family members Open FOR FURTHER INFORMATION CONTACT: Ms. of deceased active duty or retired 1200–1300 Lunch Susan Salus at (703) 767–6183. personnel; active duty and retired Coast 1300–1400 JFCOM/JCATS for NKT; Secret SUPPLEMENTARY INFORMATION: The Guard personnel and their family 1400–1500 Executive Session; Defense Logistics Agency notices for Unclassified—Open members; active duty and retired Public systems of records subject to the Privacy Health Service personnel [FR Doc. 01–13763 Filed 5–31–01; 8:45 am] Act of 1974 (5 U.S.C. 552a), as amended, (Commissioned Corps) and their family BILLING CODE 3710–08–M have been published in the Federal members; active duty and retired Register and are available from the National Oceanic and Atmospheric address above. Administration employees DEPARTMENT OF DEFENSE The proposed system report, as (Commissioned Corps) and their family required by 5 U.S.C. 552a(r) of the Department of the Army members; and State Department Privacy Act of 1974, as amended, was employees employed in a foreign Army Science Board; Notice of an submitted on May 17, 2001, to the country and their family members; Open Meeting House Committee on Government civilian employees of the Department of Reform, the Senate Committee on Defense; contractors; and any other In accordance with section 10(a)(2) of Governmental Affairs, and the Office of individuals entitled to care under the the Federal Advisory Committee Act Management and Budget (OMB) health care program or to other DoD (P.L. 92–463), announcement is made of pursuant to paragraph 4c of Appendix I benefits and privileges; providers and the following Committee Meeting: to OMB Circular No. A–130, ‘Federal potential providers of health care; and Name of Committee: Army Science Agency Responsibilities for Maintaining any individual who submits a health Board (ASB)—Power Panel. Records About Individuals,’ dated care claim. Date of Meeting: 12 June 2001. February 8, 1996 (February 20, 1996, 61 Time of Meeting: 0800–1600, 12 June FR 6427). CATEGORIES OF RECORDS IN THE SYSTEM: 2001. Dated: May 23, 2001. Computer files containing Place: Natich, Ma. beneficiary’s name, Service or Social L.M. Bynum, Agenda: The Army Science Board’s Security Number, enrollment number, (ASB) Summer Study Panel—Power Alternate OSD Federal Register Liaison relationship of beneficiary to sponsor, Officer, Department of Defense. will meet for discussions on the study residence address of beneficiary or subject. Any interested person may S322.50 DMDC sponsor, date of birth of beneficiary, sex attend, appear before, or file statements of beneficiary, branch of Service of with the committee at the time and SYSTEM NAME: sponsor, dates of beginning and ending manner permitted by the committee. Defense Eligibility Records (May 19, eligibility, number of family members of These meetings will be open to the 1999, 64 FR 27238). sponsor, primary unit duty location of
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sponsor, race and ethnic origin of matching against the SSA Master records in the performance of their beneficiary, occupation of sponsor, Beneficiary Record file for the purpose official duties, and to the individuals rank/pay grade of sponsor, disability of identifying DoD beneficiaries eligible who are the subjects of the record or documentation, index fingerprints and for health care who are enrolled in the their authorized representatives. Access photographs of beneficiaries, blood test Medicare Program, to coordinate to personal information is further results, dental care eligibility codes and insurance benefits provided by DoD restricted by the use of passwords dental x-rays. with those provided by Medicare. which are changed periodically. To other Federal agencies and state, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: local and territorial governments to RETENTION AND DISPOSAL: 5 U.S.C. 301, Departmental identify fraud and abuse of the Federal Disposition pending. Regulations; 10 U.S.C. Chapters 53, 54, agency’s programs and to identify SYSTEM MANAGER(S) AND ADDRESS: 55, 58, and 75; 10 U.S.C. 136; 31 U.S.C. debtors and collect debts and 3512(c); 50 U.S.C. Chapter 23 (Internal Deputy Director, Defense Manpower overpayment in the DoD health care Data Center, DoD Center Monterey Bay, Security); DoD Directive 1341.1, Defense programs. Enrollment/Eligibility Reporting 400 Gigling Road, Seaside, CA 93955– To each of the fifty states and the 6771. System; DoD Instruction 1341.2, DEERS District of Columbia for the purpose of Procedures; and E.O. 9397 (SSN). conducting an on going computer NOTIFICATION PROCEDURE: matching program with state Medicaid PURPOSE(S): Individuals seeking to determine agencies to determine the extent to whether information about themselves The purpose of the system is to which state Medicaid beneficiaries may is contained in this system should provide a database for determining be eligible for Uniformed Services address written inquiries to the Privacy eligibility to DoD entitlements and health care benefits, including Act Officer, Headquarters, Defense privileges; to support DoD health care CHAMPUS, TRICARE, and to recover Logistics Agency, DSS–C, 8725 John J. management programs; to provide Medicaid monies from the CHAMPUS Kingman Road, Suite 2533 Fort Belvoir, identification of deceased members; to program. VA 22060–6221. record the issuance of DoD badges and To provide dental care providers Written requests for the information identification cards; and to detect fraud assurance of treatment eligibility. should contain full name and Social and abuse of the benefit programs by The DoD ‘Blanket Routine Uses’ Security Number of individual and claimants and providers. published at the beginning of DLA’s sponsor, date of birth, rank, and duty ROUTINE USES OF RECORDS MAINTAINED IN THE compilation of systems of records location. SYSTEM, INCLUDING CATEGORIES OF USERS AND notices apply to this system. For personal visits the individual THE PURPOSES OF SUCH USES: should be able to provide full name and POLICIES AND PRACTICES FOR STORING, In addition to those disclosures RETRIEVING, ACCESSING, RETAINING, AND Social Security Number of individual generally permitted under 5 U.S.C. DISPOSING OF RECORDS IN THE SYSTEM: and sponsor, date of birth, rank, and duty location. Identification should be 552a(b) of the Privacy Act, these records STORAGE: or information contained therein may corroborated with a driver’s license or specifically be disclosed outside the Records are maintained on magnetic other positive identification. DoD as a routine use pursuant to 5 tapes and disks, and are housed in a controlled computer media library. RECORD ACCESS PROCEDURES: U.S.C. 552a(b)(3) as follows: Individuals seeking access to To the Department of Health and RETRIEVABILITY: information about themselves contained Human Services; Department of Records about individuals are in this system should address written Veterans Affairs; Department of retrieved by an algorithm which uses inquiries to the Privacy Act Officer, Commerce; Department of name, Social Security Number, date of Headquarters, Defense Logistics Agency, Transportation for the conduct of health birth, rank, and duty location as DSS–C, 8725 John J. Kingman Road, care studies, for the planning and possible inputs. Retrievals are made on Suite 2533 Fort Belvoir, VA 22060– allocation of medical facilities and summary basis by geographic 6221. providers, for support of the DEERS characteristics and location and Written requests for the information enrollment process, and to identify demographic characteristics. should contain full name and Social individuals not entitled to health care. Information about individuals will not Security Number of individual and The data provided includes Social be distinguishable in summary sponsor, date of birth, rank, and duty Security Number, name, age, sex, retrievals. Retrievals for the purposes of location. residence and demographic parameters generating address lists for direct mail For personal visits the individual of each Department’s enrollees and distribution may be made using should be able to provide full name and family members. selection criteria based on geographic Social Security Number of individual To the Social Security Administration and demographic keys. and sponsor, date of birth, rank, and (SSA) to perform computer data duty location. Identification should be SAFEGUARDS: matching against the SSA Wage and corroborated with a driver’s license or Earnings Record file for the purpose of Computerized records are maintained other positive identification. identifying employers of Department of in a controlled area accessible only to Defense (DoD) beneficiaries eligible for authorized personnel. Entry to these CONTESTING RECORD PROCEDURES: health care. This employer data will in areas is restricted to those personnel The DLA rules for accessing records, turn be used to identify those employed with a valid requirement and for contesting contents and appealing beneficiaries who have employment- authorization to enter. Physical entry is initial agency determinations are related group health insurance, to restricted by the use of locks, guards, contained in DLA Regulation 5400.21, coordinate insurance benefits provided administrative procedures (e.g., fire 32 CFR part 323, or may be obtained by DoD with those provided by the protection regulations). from the Privacy Act Officer, other insurance. This information will Access to personal information is Headquarters, Defense Logistics Agency, also be used to perform computer data restricted to those who require the ATTN: DSS–C, 8725 John J. Kingman
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Road, Suite 2533, Fort Belvoir, VA Dated: May 23, 2001. SYSTEM LOCATION: 22060–6221. L.M. Bynum, Defense Logistics Agency Primary Alternate OSD Federal Register Liaison Level Field Activities. RECORD SOURCE CATEGORIES: Officer, Department of Defense. fficial mailing addresses are Individuals, personnel pay, and S400.20 CA published as an appendix to DLA’s benefit systems of the military and compilation of systems of records civilian departments and agencies of the SYSTEM NAME: notices. Defense Department, the Coast Guard, Day Care Facility Registrant and the Public Health Service, Department CATEGORIES OF INDIVIDUALS COVERED BY THE of Commerce, the National Oceanic and Applicant Records (July 25, 1997, 62 FR SYSTEM: 40053). Atmospheric Administration, Individuals and their sponsors who Department of Commerce, and other CHANGES: are enrolled in, or have applied for Federal agencies. * * * * * admission to, DLA-managed day care EXEMPTIONS CLAIMED FOR THE SYSTEM: facilities. SYSTEM IDENTIFIER: None. Delete ‘CA’ from entry. CATEGORIES OF RECORDS IN THE SYSTEM: [FR Doc. 01–13752 Filed 5–31–01; 8:45 am] * * * * * The system contains the registrant’s or BILLING CODE 5001–08–U applicant’s name, Social Security CATEGORIES OF RECORDS IN THE SYSTEM: Number and birth data; home and Delete entry and replace with ‘The emergency addresses; medical, dental, DEPARTMENT OF DEFENSE system contains the registrant’s or and insurance provider data; medical applicant’s name, Social Security examination reports, health Defense Logistics Agency Number and birth data; home and assessments, and screening results; Privacy Act of 1974; Systems of emergency addresses; medical, dental, immunization, allergy, medication, and Records and insurance provider data; medical injury records; physical abilities and examination reports, health limitations; physical, emotional, or AGENCY: Defense Logistics Agency. assessments, and screening results; other special care requirements; ACTION: Notice to alter systems of immunization, allergy, medication, and transportation requirements and records. injury records; physical abilities and schedules; parental disabilities, limitations; physical, emotional, or impairments, or special needs; SUMMARY: The Defense Logistics Agency other special care requirements; authorization, consent, and agreement proposes to alter a system of records transportation requirements and forms; incident reports; and sponsor, notice in its inventory of record systems schedules; parental disabilities, escort, and emergency contact name and subject to the Privacy Act of 1974 (5 impairments, or special needs; data to include physical and electronic U.S.C. 552a), as amended. authorization, consent, and agreement addresses and work, home, cell, and DATES: This action will be effective forms; incident reports; and sponsor, pager telephone numbers. The records without further notice on July 2, 2001 escort, and emergency contact name and may include family background, unless comments are received that data to include physical and electronic cultural, and ethnic data such as would result in a contrary addresses and work, home, cell, and religion, native language, and family determination. pager telephone numbers. The records composition for cultural and social ADDRESSES: Send comments to the may include family background, enrichment activities. For fee Privacy Act Officer, Headquarters, cultural, and ethnic data such as assessment purposes, the application Defense Logistics Agency, ATTN: DSS– religion, native language, and family records also include family income data. C, 8725 John J. Kingman Road, Suite composition for cultural and social Note: Any and all information relating to 2533, Fort Belvior, VA 22060–6221. enrichment activities. For fee an individual’s religious preference or religious activity is collected and maintained FOR FURTHER INFORMATION CONTACT: Ms. assessment purposes, the application only if the individual has made an informed Susan Salus at (703) 767–6183. records also include family income data’. decision to voluntarily provide the SUPPLEMENTARY INFORMATION: The information. Defense Logistics Agency notices for * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: systems of records subject to the Privacy RETENTION AND DISPOSAL: Act of 1974 (5 U.S.C. 552a), as amended, Delete entry and replace with 5 U.S.C. 301, Departmental have been published in the Federal ‘Enrollee records involving no serious regulations; 5 U.S.C. 302, Delegation of Register and are available from the accident or injury requiring emergency authority; 10 U.S.C. 133, Under address above. medical records are destroyed 1 year Secretary of Defense for Acquisition, The proposed system report, as after enrollee withdraws from the Technology, and Logistics; 10 U.S.C. required by 5 U.S.C. 552a(r) of the program. Enrollee records involving a 2809 and 2812, Military construction of Privacy Act of 1974, as amended, was serious accident or injury requiring child care facilities; 42 U.S.C. Chap. submitted on May 17, 2001, to the emergency medical records are 127, Coordinated services for children, House Committee on Government destroyed 3 years after the incident or youth, and families; 40 U.S.C. 490b, Reform, the Senate Committee on after the enrollee withdraws from the Child care services for Federal Governmental Affairs, and the Office of program, whichever is later.’ employees; 42 U.S.C. Chap. 67, Child Management and Budget (OMB) abuse programs; Pub. L. 101–189, Title * * * * * pursuant to paragraph 4c of Appendix I XV, Military Child Care Act of 1989; to OMB Circular No. A–130, ‘Federal S400.20 E.O. 9397 (SSN); and DoD Instruction Agency Responsibilities for Maintaining 6060.2, Child Development Programs. Records About Individuals,’ dated SYSTEM NAME: February 8, 1996 (February 20, 1996, 61 Day Care Facility Registrant and PURPOSE(S): FR 6427). Applicant Records. To provide day care services.
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ROUTINE USES OF RECORDS MAINTAINED IN THE NOTIFICATION PROCEDURE: include a report on the Comprehensive SYSTEM, INCLUDING CATEGORIES OF USERS AND Individuals seeking to determine Plan Workshop of the Commission’s THE PURPOSES OF SUCH USES: whether this system of records contains Watershed Advisory Council; In addition to those disclosures information about themselves should summaries of the PCB Model Expert generally permitted under 5 U.S.C. address written inquiries to the Privacy Panel meeting on May 18, 2001 and the 552a(b) of the Privacy Act, these records Act Officer, HQ DLA, ATTN: DSS–C, Toxics Advisory Committee meeting of or information contained therein may 8725 John J. Kingman Road, Suite 2533, May 31, 2001; a report on recent specifically be disclosed outside the Fort Belvoir, VA 22060–6221, or the meetings of the Monitoring Advisory DoD as a routine use pursuant to 5 Privacy Act Officer of the particular Committee, and an update on the U.S.C. 552a(b)(3) as follows: DLA PLFA involved. Delaware Estuary Program. To physicians, dentists, medical Official mailing addresses are The subjects of the public hearing to technicians, hospitals, or health care published as an appendix to DLA’s be held during the 1:30 p.m. business providers in the course of obtaining compilation of systems of records meeting include, in addition to the emergency medical attention. notices. dockets listed below, a resolution to adopt the 2001 Water Resources To federal, state, and local officials RECORD ACCESS PROCEDURES: involved with child care or health Program. Individuals seeking access to records The dockets scheduled for public services for the purpose of reporting about themselves contained in this hearing are as follows: suspected or actual child abuse. system should address written inquiries 1. Borough of Hampton D–74–8 CP The DoD ‘Blanket Routine Uses’ set to the Privacy Act Officer, HQ DLA, Renewal. A ground water withdrawal forth at the beginning of DLA’s ATTN: DSS–C, 8725 John J. Kingman renewal project to supply up to 6.6 compilation of systems of records Road, Suite 2533, Fort Belvoir, VA million gallons (mg)/30 days of water to notices apply to this system. 22060–6221, or the Privacy Act Officer be applicant’s public water distribution Policies and practices for storing, of the particular DLA PLFA involved. system from Wells Nos. 1 and 3 in the retrieving, accessing, retaining and Official mailing addresses are published Kittatinny Formation, and Well No. 4 in disposing of records in the system: as an appendix to DLA’s compilation of the Pre-Cambrian Formation. The applicant requests to retain the total STORAGE: systems of records notices. withdrawal limit of all wells at 6.6 mg/ Records are stored in paper and CONTESTING RECORD PROCEDURES: 30 days. The project is located in computerized form. The DLA rules for accessing records, Hampton Borough, Hunterdon County, for contesting contents and appealing New Jersey. RETRIEVABILITY: initial agency determinations are 2. Merrill Creek Owners Group D– Retrieved by registrant’s or applicant’s contained in DLA Regulation 5400.21, 77–110 CP (Amendment 13) A name or Social Security Number, and 32 CFR part 323, or may be obtained resolution to amend Table A (Revised) sponsor’s name or Social Security from the Privacy Act Officer, of Docket No. D–77–110 CP Number. Headquarters, Defense Logistics Agency, (Amendment 12) to include the addition ATTN: DSS–C, 8725 John J. Kingman of the AES Ironwood, L.L.C. facility in SAFEGUARDS: Road, Suite 2533, Fort Belvoir, VA South Lebanon Township, Lebanon Records are maintained in areas 22060–6221. County, Pennsylvania as a ‘‘Designated accessible only to DLA personnel who Unit’’. The AES Ironwood, L.L.C. project RECORD SOURCE CATEGORIES: must access the records to perform their is a 700 MW independent power project official duties. Information is provided by the approved via Docket D–97–45 on April The computer files are password registrant or the registrant’s sponsor. 21, 1998, and the project is subject to protected with access restricted to EXEMPTIONS CLAIMED FOR THE SYSTEM: curtailment unless its consumptive authorized users. None. water use during DRBC lower basin [FR Doc. 01–13753 Filed 5–31–01; 8:45 am] drought conditions can be made up by RETENTION AND DISPOSAL: releases from storage. The Merrill Creek BILLING CODE 5001–08–P Enrollee records involving no serious reservoir will provide the storage and is accident or injury requiring emergency located in Harmony Township, Warren medical records are destroyed 1 year County, New Jersey. after enrollee withdraws from the DELAWARE RIVER BASIN 3. Philadelphia Suburban Water program. Enrollee records involving a COMMISSION Company D–90–50 CP Renewal. A serious accident or injury requiring Notice of Commission Meeting and ground water withdrawal renewal emergency medical records are Public Hearing project is supply up to 92 mg/30 days destroyed 3 years after the incident or of water to the applicant’s public water after the enrollee withdraws from the Notice is hereby given that the distribution system from existing Wells program, whichever is later. Delaware River Basin Commission will Nos. 1 through 10. Wells Nos. 1 through hold an informal conference followed 6 are completed a dolomite; Wells Nos. SYSTEM MANAGER(S) AND ADDRESS: by a public hearing on Wednesday, June 7 through 10 are completed in gneiss. Director, DLA Support Services 6, 2001. The hearing will be part of the No increase in allocation is proposed. Headquarters, Defense Logistics Agency, Commission’s regular business meeting. The project wells are located in East 8725 John J. Kingman Road, Suite 2533, Both the conference session and Caln, West Whiteland and Upper Fort Belvoir, VA 22060–6221, and the business meeting are open to the public Uwchlan Townships, Chester County, Commanders of the Defense Logistics and will be held at the Commission Pennsylvania. Wells Nos. 3, 4, 5 and 6 Agency (DLA) Primary Level Field offices at 25 State Police Drive, West are located in the Southeastern Activities (PLFAs). Official mailing Trenton, New Jersey. Pennsylvania Ground Water Protected addresses are published as an appendix The conference among the Area. to DLA’s compilation of systems of Commissioners and staff will begin at 4. Audubon Water Company D–97– records notices. 9:30 a.m. Topics of discussion will 43 CP. A ground water withdrawal
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project to supply up to 9.3 mg/30 days supply up to 18 mg/30 days of water to to be discharged to Mahannon Creek in of water to the applicant’s distribution the applicant’s vegetable processing the Schuylkill River watershed. system from new Wells Nos. 1 and 2, facility from new Wells Nos. 2 and 6 in In addition to the public hearing, the and to retain the existing withdrawal the Cohansey Aquifer, and to establish Commission will address the following limit from all wells at 42.0 mg/30 days. a withdrawal limit from all wells of 18 at its 1:30 p.m. business meeting: The project is located in Lower mg/30 days. The project is located in Providence Township, Montgomery Lawrence Township, Cumberland minutes of the April 19, 2001 business County in the Southeastern County, New Jersey. meeting; announcements; report on Pennsylvania Ground Water Protected 10. Citizens Utilities Water Company hydrologic conditions; reports by the Area. of Pennsylvania D–2000–71 CP. A Executive Director and General Counsel; 5. City of Gloucester D–2000–20 CP. project to transfer up to 0.33 million public dialogue; and resolutions (1) A project to dredge the Delaware River galls per day (mgd) of potable water to extending and modifying Resolution No. in Water Quality Zone 4 off Jersey the applicant’s public water distribution 99–23 establishing the Watershed Avenue in Gloucester City, Gloucester system via the Rose Hills Advisory Council; (2) extending the County, New Jersey, for the construction interconnection with the Western Berks Commission’s contract with RESOLVE, of Proprietors Park riverwalk and Water Authority, which is located near Inc. to provide facilitation services at a marina adjacent to the existing the intersection of Firethorn Lane and July meeting of the Watershed Advisory riverfront park. The proposed floating State Hill Road in Sinking Spring Council; (3) authorizing the Executive dock marina will serve 24 boats up to Borough, Berks County, Pennsylvania. Director to enter into an agreement with 24 feet long. A fixed breakwater will be The transfer will enable the applicant to the U.S. Army Corps of Engineers to installed to protect the marina from ice provide an additional source of potable update the basin Daily Flow Model; (4) and waves generated by passing ships. water to continue its service of portions amending Resolution No. 2000–17 to A 75-foot long T-shaped fishing pier of Lower Heidelberg and Spring allow the DRBC to provide in-kind also will be constructed, and the Townships, Berks County, services as partial match for Section 22 existing 17-space parking lot will be Pennsylvania. funds under the Commission’s contract expanded to accommodate 34 vehicles. 11. Upper Bern Township D–2001–2 with the U.S. Army Corps of Engineers 6. Binney & Smith, Inc. D–2000–33. CP. A project to construct a new 0.055 for a Lehigh River Instream Flow Study; A project to increase the combined total mgd sewage treatment plant (STP) to (5) authorizing the Executive Director to withdrawal of groundwater from 14 mg/ serve the Village of Shartlesville area of enter into an agreement with an 30 days to 16 mg/30 days to continue to Upper Bern Township, Berks County, independent laboratory for ambient serve the applicant’s corporate offices Pennsylvania. The proposed STP will surface water sampling and analysis for and manufacturing facilities from Wells replace failing on-lot disposal systems Nos. 1 and 4 in the Epler Formation. and provide advanced secondary conventional pollutants in the non-tidal Approximately 98 percent of the water treatment via sequencing batch reactor lower Delaware River over a period of is used for non-contact cooling and will and chemical additional processes. three years; (6) extending the continue to be returned to the Treated effluent will be discharged to Commission’s April 1999 contract with groundwater table via existing injection Wolf Creek in the Northkill Creek the Northeast-Midwest Institute; and (7) Well No. 2. The project is located in watershed. The project is located providing for election of the office of Forks Township, Northampton County, approximately 2,000 feet south of the Chair, Vice Chair and Second Vice Chair Pennsylvania. intersection of Interstate 78 (U.S. Route for the Year 2001–2002, commending 7. Montgomery County Geriatric 22) and Wolf Creek as found on the July 1, 2001. Center D–2000–40. A ground water Auburn, PA USGS quad map. Documents relating to the dockets and withdrawal project to supply up to 1.5 12. University of Delaware D2001–11 other items may be examined at the mg/30 days of water to the applicant’s CP A ground water withdrawal project Commission’s offices. Preliminary residential community water supply to supply up to 3.24 mg/30 days of dockets are available in single copies system from new Well No. 4 in the water to the applicant’s boiler/air upon request. Please contact Thomas L. Brunswick Formation, and to establish a conditioning system (Central Utility Brand at (609) 883–9500 ext. 221 with withdrawal limit from all wells of 80 Plant) from new Well CUP, in the any docket-related questions. Persons mg/30 days. The project is located in Columbia Aquifer. The project well is wishing to testify at this hearing are Upper Providence Township, located in the White Clay Creek requested to register in advance with the Montgomery County in the Southeastern watershed in the City of Newark, New Secretary at (609) 883–9500 ext. 203. Pennsylvania Ground Water Protected Castle County, Delaware. Area. 13. Municipal Authority of the Individuals in need of an 8. Philadelphia Suburban Water Borough of Orwigsburg D–2001–14 CP. accommodation as provided for in the Company D–2000–48 CP. A ground An application to upgrade and expand Americans With Disabilities Act who water withdrawal project to supply up a contact stabilization sewage treatment wish to attend the hearing should to 8 mg/30 days of water to the plant (STP) from 0.6 mgd to 0.9 mgd to contact the Commission Secretary, applicant’s public water distribution provide high quality secondary Pamela M. Bush, directly at (609) 883– system from new Deer Run Well No. 1 treatment of 0.9 mgd via a vertical loop 9500 ext 203 or through the New Jersey and Grandstaff Wells Nos. 1 and 2 in the reactor, oxidation ditch process. The Relay Service at 1–800–852–7899 (TTY) Anorthosite Formation, and to retain the project will continue to serve to discuss how the Commission may withdrawal limit from all wells at 8 mg/ approximately 4,000 residents of accommodate your needs. 30 days. The project is located in Honey Orwigsburg Borough, Schuylkill Brook Township, Chester County in the County, Pennsylvania. The plant is Pamela M. Bush, Southeastern Pennsylvania Ground located in North Manheim Township at Commission Secretary and Assistant General Water Protected Area. the northwest corner of the intersection Counsel. 9. Redpack Foods, Inc. D–2000–58. of State Highway 61 and Legislative [FR Doc. 01–13765 Filed 5–31–01; 8:45 am] A ground water withdrawal project to Route 53011. STP effluent will continue BILLING CODE 6360–01–M
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DEPARTMENT OF EDUCATION recordkeeping burden. ED invites public Burden Hours: 385. comment. The Department of Education Requests for copies of the proposed Notice of Proposed Information is especially interested in public information collection request should be Collection Requests comment addressing the following addressed to Vivian Reese, Department AGENCY: Department of Education. issues: (1) is this collection necessary to of Education, 400 Maryland Avenue, the proper functions of the Department; SW., Room 4050, Regional Office ACTION: Notice of proposed information (2) will this information be processed Building 3, Washington, D.C. 20202– collection requests. and used in a timely manner, (3) is the 4651, or should be electronically mailed SUMMARY: The Leader, Regulatory estimate of burden accurate; (4) how to the internet address Information Management, Office of the might the Department enhance the [email protected], or should be Chief Information Officer, invites quality, utility, and clarity of the faxed to 202–708–9346. comments on the proposed information information to be collected, and (5) how Comments regarding burden and/or collection requests as required by the might the Department minimize the the collection activity requirements, Paperwork Reduction Act of 1995. burden of this collection on contact Joseph Schubart at (202) 708– DATES: An emergency review has been respondents, including through the use 9266 or via his internet address requested in accordance with the Act of information technology. [email protected]. Individuals who (44 U.S.C. Chapter 3507(j)), since public Dated: May 25, 2001. use a telecommunications device for the harm is reasonably likely to result if John Tressler, deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– normal clearance procedures are Leader, Regulatory Information Management, followed. Approval by the Office of Office of the Chief Information Officer. 800–877–8339. Management and Budget (OMB) has [FR Doc. 01–13702 Filed 5–31–01; 8:45 am] Office of Student Financial Assistance been requested by July 3, 2001. A BILLING CODE 4000–01–U regular clearance process is also Programs beginning. Interested persons are Type of Review: New. invited to submit comments on or before Title: Child Care Provider Loan DEPARTMENT OF ENERGY July 31, 2001. Forgiveness Application and ADDRESSES: Written comments Forgiveness Forbearance Forms. Golden Field Office; State Energy regarding the emergency review should Abstract: The Child Care Provider Efficiency and Renewable Energy be addressed to the Office of Loan Forgiveness Application is used to Activities Information and Regulatory Affairs, determine whether borrowers meet the Attention: Lauren Wittenberg, Acting eligibility requirements for the Child AGENCY: U.S. Department of Energy. Desk Officer: Department of Education, Care Provider Loan Forgiveness ACTION: Notice of Solicitation for Office of Management and Budget; 725 Program. This is a demonstration Competitive Financial Assistance 17th Street, NW., Room 10235, New program administered on a first-come, Applications. Executive Office Building, Washington, first-serve basis (subject to the DC 20503. availability of funds). It is intended to SUMMARY: The U.S. Department of SUPPLEMENTARY INFORMATION: Section bring more highly trained individuals Energy (DOE) is announcing a 3506 of the Paperwork Reduction Act of into the early child care field for longer competitive solicitation, DE–PS36– 1995 (44 U.S.C. Chapter 35) requires periods. Under the program, individuals 01GO90012, for applications for that the Director of OMB provide who work full-time in certain child care cooperative agreements with States to interested Federal agencies and the facilities that serve low-income families pursue energy efficiency and renewable public an early opportunity to comment and meet other qualifications may be energy activities which include, but are on information collection requests. The eligible to have up to 100% of their not limited to conducting or managing: Office of Management and Budget Direct Loan and/or Federal Family (1) Resource, technology, and marketing (OMB) may amend or waive the Education Loan (FFEL) program loan assessments, program evaluation and requirement for public consultation to forgiven. The Child Care Provider Loan management; (2) Equipment loan the extent that public participation in Forgiveness Forbearance Form is programs; (3) Workshops, conferences, the approval process would defeat the required to comply with program or stakeholder meetings; (4) On-site purpose of the information collection, guidance that provides forbearance for technology evaluations, economic and violate State or Federal law, or child care providers and to determine feasibility studies for site specific substantially interfere with any agency’s the child care providers eligibility for technologies, environmental analysis of ability to perform its statutory forbearance. projects and actions to overcome obligations. The Leader, Regulatory Additional Information: developmental barriers to Energy Information Management, Office of the Appropriations were only funded this Efficiency and Renewable Energy Chief Information Officer, publishes this January for these benefits which are (EERE) energy technologies; (5) notice containing proposed information meant to enhance the child care field. Brochures, manuals, publications, web- collection requests at the beginning of Funds must be obligated by the end of based outreach, video presentations, fact the Departmental review of the September, hence the need for this sheets, press releases; (6) Media events, information collection. Each proposed emergency clearance time schedule. marketing and promotional events, information collection, grouped by Frequency: Annually. exhibit booths, distribution of materials; office, contains the following: (1) Type Affected Public: Individuals or (7) Demonstration projects and state- of review requested, e.g. new, revision, household; Business or other for-profit; level stakeholder coordination. extension, existing or reinstatement; (2) Not-for-profit institutions; Federal DATES: The solicitation will be issued in Title; (3) Summary of the collection; (4) Government; State, Local, or Tribal May 2001. The formal solicitation Description of the need for, and Gov’t, SEAs or LEAs. document, which includes greater detail proposed use of, the information; (5) Reporting and Recordkeeping Hour on application instructions, due dates Respondents and frequency of Burden: and evaluation criteria, will be available collection; and (6) reporting and/or Responses: 1,790. on the Golden Field Office website.
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ADDRESSES: To obtain a copy of the On May 15, 2001, the Department of being provided through the facilities. solicitation once it is issued, interested Energy published a notice of open Columbia is not proposing any parties must access the DOE Golden meeting announcing a meeting of the construction or facility removal in Field Office Home Page at http:// Federal Energy Management Advisory connection with the proposed www.golden.doe.gov/ Committee 66 FR 26846. In that notice, abandonment. Columbia states that it businessopportunities.html, click on the second session was scheduled from will require the buyer to install custody ‘‘Solicitations.’’ And then locate the 6–7:30 p.m.. Today’s notice is transfer meters at or near points of solicitation number identified above. announcing that the second session will interconnection between Columbia’s DOE does not intend to issue written begin at 5 p.m. and adjourn at 7 p.m. facilities to be retained and those being copies of the solicitation. Issued in Washington, DC on May 29, sold. FOR FURTHER INFORMATION CONTACT: 2001. Columbia states that upon sale and transfer of the facilities to the buyer, the Matthew Barron, Contracting Officer, Belinda G. Hood, DOE Golden Field Office, 1617 Cole facilities will, among other things, Acting Deputy Advisory Committee continue to be used for incidental Boulevard, Golden, CO 80401–3393 or Management Officer. delivery of gas to LDC customers facsimile to (303) 275–4788, or [FR Doc. 01–13826 Filed 5–31–01; 8:45 am] _ currently receiving service through the electronically to matt [email protected]. BILLING CODE 6450–01–P Responses to questions will be made by facilities. Under the present operating Amendment and posted on the DOE conditions, locally produced gas is received into the facilities and Golden Field Office Home Page. DEPARTMENT OF ENERGY transported to Columbia’s mainline SUPPLEMENTARY INFORMATION: The transmission system. The facilities are objective of this solicitation is to award Federal Energy Regulatory also used to provide service to the LDCs, cooperative agreements to State Energy Commission as well as mainline tap customers. At Offices that will support deploying [Docket No. CP01–366–000] current production rates, Columbia projects under the following DOE states that the gas supply in certain energy technology initiatives (this list of Columbia Gas Transmission parts of the system is insufficient to EERE programs is not all inclusive): (1) Corporation; Notice of Filing meet the demand, especially during Wind Energy; (2) Geothermal Energy; (3) periods of high demand, such as winter May 25, 2001. Biomass Energy; (4) Distributed Energy heating season. In order to maintain Resources (DER); (5) Solar Energy; (6) Take notice that on May 16, 2001, service to those customers, Columbia Community Energy Partnerships; (7) Columbia Gas Transmission Corporation states that it backflows gas from its main Federal Energy Management; (8) (Columbia), 12801 Fair Lakes Parkway, transmission system into the facilities to Residential Energy Savings Program; (9) Fairfax, Virginia 22030–0146, filed in satisfy any gas shortfalls. Columbia Alternative Transportation Fuels Docket No. CP01–366–000 an notes that it is not requesting that the Program; (10) Industrial Energy abbreviated application pursuant to Commission issue a limited jurisdiction Program. Section 7 of the Natural Gas Act (NGA) certificate authorizing the buyer’s Proposals will be subject to the and the Commission’s Rules and incidental use of the facilities, but that objective merit review procedures for Regulations for a certificate of public it believes such a certificate may be the Office of Energy Efficiency and convenience and necessity authorizing required by the buyer to continue such Renewable Energy. Eligibility for this Columbia to abandon by sale certain deliveries. Therefore, Columbia is assistance is restricted to Governor- natural gas facilities, designated as the providing such information to designated State Energy Offices. For CHEWP System, located in West familiarize the Commission with the individual projects subsequently Virginia and Pennsylvania (facilities) operation of the facilities in anticipation awarded, selected applicants may enter and abandonment authorization for the that the buyer will file an application teaming or partnership agreements with various services provided through the for such an order. industry, DOE national laboratories, facilities to be sold. Further, Columbia Any person desiring to be heard or to institutions of higher education, non- requests that the Commission determine make any protest with reference to said profit organizations and Native the facilities be exempt from application should on or before June 15, American organizations. Commission jurisdiction, except in 2001, file with the Federal Energy Issued in Golden, Colorado, on May 22, those limited cases where incidental Regulatory Commission, 888 First 2001. deliveries will be made by the buyer to Street, N.E., Washington, D.C. 20426, a Jerry L. Zimmer, certain Local Distribution Companies motion to intervene or a protest in Director, Office of Acquisition and Financial (LDC’s), all as more fully set forth in the accordance with the requirements of the Assistance. application which is on file with the Commission’s Rules of Practice and [FR Doc. 01–13746 Filed 5–31–01; 8:45 am] Commission and open to public Procedure (18 CFR 385.214 or 385.211) inspection. The filing may be viewed at BILLING CODE 6450–01–P and the Regulations under the NGA (18 http://www.ferc.fed.us/online/rims.htm CFR 157.10). All protests filed with the (call 202–208–2222 for assistance). Commission will be considered by it in DEPARTMENT OF ENERGY Columbia states that the facilities determining the appropriate action to be have been offered for sale by public taken but will not serve to make the Office of Energy Efficiency and auction. Additionally, Columbia states protestants parties to the proceeding. Renewable Energy that the sale of the facilities will be Any person wishing to become a party conditioned on the buyer’s continued to a proceeding or to participate as a Federal Energy Management Advisory service to the current customers under party in any hearing therein must file a Committee items acceptable to both the buyer and motion to intervene in accordance with AGENCY: Department of Energy. the customers. As a result of this the Commission’s Rules. Any questions condition, Columbia contends that there regarding the application should be ACTION: Notice of open meeting will be no material change to, or directed to V.J. Hamilton, Certificate correction. interruption in, the services currently Coordinator, Columbia Gas
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Transmission Corporation, P.O. Box Under the procedure herein provided DEPARTMENT OF ENERGY 1273, Charleston, West Virginia 25325– for, unless otherwise advised, it will be 1273, telephone (304) 357–2297. unnecessary for Columbia to appear or Federal Energy Regulatory Comments, protests, and be represented at the hearing. Commission interventions may be filed electronically [Docket No. CP00–233–003] via the internet in lieu of paper. See, 18 David P. Boergers, CFR 385.2001(a)(1)(iii) and the Secretary. Southern Natural Gas Company; instructions on the Commission’s web [FR Doc. 01–13727 Filed 5–31–01; 8:45 am] Notice of Petition To Amend Order site at http://www.ferc.fed.us/efi/ BILLING CODE 6717–01–M Issuing Certificate and Approving doorbell.htm. Abandonment A person obtaining intervenor status will be placed on the service list DEPARTMENT OF ENERGY May 25, 2001. maintained by the Secretary of the Take notice that on May 18, 2001, Commission and will receive copies of Federal Energy Regulatory Southern Natural Gas Company all documents filed by the applicant and Commission (Southern), AmSouth-Sonat Tower, by everyone of the intervenors. An 1900 Fifth Avenue North, Birmingham, intervenor can file for rehearing of any [Docket Nos. CP98–150–000 and CP98–151– Alabama 35203, in Docket No. CP00– Commission order and can petition for 000] 233–003, filed an application pursuant court review of any such order. to Section 7 of the Natural Gas Act However, an intervenor must submit Millennium Pipeline Company, LP, (NGA) and the Commission’s Rules and copies of comments or any filing it Columbia Gas Transmission Regulations, for a petition to amend an makes with the Commission to every Corporation; Notice of Site Visit order, all as more fully set forth in the other intervenor in the proceeding, as application which is on file with the well as 14 copies with the Commission. May 25, 2001. Commission and open to public A person does not have to intervene, From Monday, June 4 through inspection. The filing may be viewed on however, in order to have comments the web at http://www.ferc.fed.us/ Wednesday June 6, 2001, the Federal considered. A person, instead, may online/rims.htm (call 202–208–2222 for Energy Regulatory Commission staff submit two copies of comments to the assistance). will conduct a site visit of an alternative Secretary of the Commission. Southern states that it is making this Commenters will be placed on the route along and within the Consolidated petition in order to amend the Order Commission’s environmental mailing Edison of New York, Inc. (ConEd) Issuing Certificate and Approving list, will receive copies of electric transmission and the Taconic Abandonment (Certificate Order) issued environmental documents and will be State Parkway rights-of-way. This in this proceeding on March 15, 2001.1 able to participate in meetings alternative is referred to as the ConEd Southern states that the Certificate associated with the Commission’s Offset/Taconic Alternative and is Order authorized the construction and environmental review process. between approximate mileposts 391.2 operation of the facilities commonly Commenters will not be required to and 404.1 of the proposed Millennium referred to as Southern’s South System serve copies of filed documents on all Pipeline Project. Expansion Project. Southern states that other parties. However, commenters We will meet at the following it seeks approval of a change in the size will not receive copies of all documents of certain of the loop pipelines to be by other parties or issued by the locations on these dates and times: added to Southern’s South System. Commission and will not have the right • Jane E. Lytle Memorial Arboretum Southern states that it proposes to to seek rehearing or appeal the parking area (go through the Hudson substitute 36-inch pipe for certain of the Commission’s final order at a federal National Golf Course on Lounsbury 30-inch pipe authorized in the court. Road, Croton-on-Hudson, New York) on The Commission will consider all Certificate Order. As indicated by June 4, 2001, at 12 noon; and Southern, this change will reduce the comments and concerns equally, • whether filed by commenters or those Teatown Lake Reservation Nature estimated cost of the South System requesting intervenor status. Center, 1600 Spring Valley Road, Expansion Project by $1.1 million and Take further notice that, pursuant to Ossining, New York, on June 5, 2001, at will reduce the miles of new pipeline the authority contained in and subject to 9 am and will continue along the ConEd required for the project by the jurisdiction conferred upon the Offset/Taconic Alternative. approximately eight (8) miles. More specifically, Southern states that Federal Energy Regulatory Commission For further information call the Office it is requesting the Commission issue an by Sections 7 and 15 of the NGA and the of External Affairs, at (202) 208–0004. Commission’s Rules of Practice and order amending the Certificate Order Procedure, a hearing will be held David P. Boergers, changing the pipe size from 30-inch without further notice before the Secretary. O.D. to 36-inch O.D. for the indicated pipeline loop segments and changing Commission or its designee on this [FR Doc. 01–13728 Filed 5–31–01; 8:45 am] their lengths as follows: application if no motion to intervene is BILLING CODE 6717–01–M filed within the time required herein, if Loop 1: 4.75 miles of pipeline in Clarke the Commission on its own review of County, Mississippi between Mileposts (MP) the matter finds that the proposal is 67.23 and MP 71.98 (Phase I) and 3.95 miles required by the public convenience and of pipeline in Clarke County, Mississippi, necessity. If a motion for leave to between MP 71.98 and MP 75.93 (Phase II). Loop 2: 3.56 miles of pipeline in Sumter intervene is timely filed, or if the County, Alabama, between MP 102.85 and Commission on its own motion believes MP 106.41 (Phase I) and 9.33 miles of that a formal hearing is required, further notice of such hearing will be duly 1 Southern Natural Gas Company, 94 FERC given. ¶ 61,297 (2001).
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pipeline in Sumter County, Alabama, placed on the Commission’s DEPARTMENT OF ENERGY between MP 106.41 and MP 115.74 (Phase II). environmental mailing list, will receive Loop 4: 5.99 miles of pipeline in Dallas copies of the environmental documents, Federal Energy Regulatory and Autauga Counties, Alabama, between MP Commission 185.16 and 191.15 (Phase I) and 6.71 miles and will be notified of meetings of pipeline in Autauga County, Alabama, associated with the Commission’s [Docket No. CP01–368–000] between MP 191.15 and 197.87 (Phase II). environmental review process. Also, the 12-inch pipeline authorized to be Environmental commenters will not be Transcontinental Gas Pipe Line abandoned and removed to facilitate the required to serve copies of filed Corporation; Notice of Application installation of the new pipeline will change to 5.99 miles between MP 185.16 and 191.15 documents on all other parties. May 25, 2001. (Phase I) and 4.09 miles between MP 193.16 However, the non-party commentors Take notice that on May 18, 2001, and MP 194.77; MP 195.09 and MP 197.27; will not receive copies of all documents Transcontinental Gas Pipe Line and MP 197.57 and MP 197.87 (Phase II). filed by other parties or issued by the Corporation (Transco), P.O. Box 1396, Any questions regarding the Commission (except for the mailing of Houston, Texas 77251, in Docket No. application should be directed to R. environmental documents issued by the CP01–368–000 filed an application David Hendrickson, Assistant Secretary, Commission) and will not have the right pursuant to Section 7(b) of the Natural Southern Natural Gas Company, P.O. to seek court review of the Gas Act (NGA) and the Commission’s Box 2563, Birmingham, Alabama Commission’s final order. Rules and Regulations, for permission 35202–2563, call (205) 325–7114. The Commission may issue a and approval for Transco to abandon There are two ways to become preliminary determination on non- certain pipeline facilities located in involved in the Commission’s review of offshore and onshore Louisiana, which environmental issues prior to the this project. First, any person wishing to are part of the Central Louisiana completion of its review of the obtain legal status by becoming a party Gathering System, by transfer to to the proceedings for this project environmental aspects of the project. Williams Gas Processing-Gulf Coast should, on or before June 15, 2001, file This preliminary determination Company, L.P. (WGP), an affiliate of with the Federal Energy Regulatory typically considers such issues as the Transco, all as more fully set forth in the Commission, 888 First Street, NE., need for the project and its economic application which is on file with the Washington, DC 20426, a motion to effect on existing customers of the Commission and open to public intervene in accordance with the applicant, on other pipelines in the area, inspection. The filing may be viewed on requirements of the Commission’s Rules and on landowners and communities. the web at http://www.ferc.fed.us/ of Practice and Procedure (18 CFR For example, the Commission considers online/rims.htm (call 202–208–2222 for 385.214 or 385.211) and the Regulations the extent to which the applicant may assistance). WGP is concurrently filing a under the NGA (18 CFR 157.10). A need to exercise eminent domain to Petition requesting that the Commission person obtaining party status will be obtain rights-of-way for the proposed declare the subject facilities exempt placed on the service list maintained by project and balances that against the gathering pursuant to Section 1(b) of the the Secretary of the Commission and non-environmental benefits to be Natural Gas Act. will receive copies of all documents provided by the project. Therefore, if a Transco states that Commission filed by the applicant and by all other person has comments on community authorization for abandonment of the parties. A party must submit 14 copies and landowner impacts from this subject gathering facilities to WGP is in of filings made with the Commission proposal, it is important either to file the public convenience and necessity and must mail a copy to the applicant comments or to intervene as early in the because the proposed abandonment will and to every other party in the facilitate Transco’s transition to process as possible. proceeding. Only parties to the providing unbundled services by proceeding can ask for court review of Comments, interventions and protests eliminating facilities unnecessary to Commission orders in the proceeding. may be filed electronically via the Transco’s redefined role without However, a person does not have to internet in lieu of paper. See, 18 CFR detriment to those jurisdictional intervene in order to have comments 385.2001(a)(1)(iii) and the instructions services that Transco provides to its considered. The second way to on the Commission’s web site at http:/ existing customers. Transco states that participate is by filing with the /www.ferc.fed.us/efi/doorbell.htm. abandonment will allow WGP to own Secretary of the Commission, as soon as If the Commission decides to set the and manage those facilities which possible, an original and two copies of application for a formal hearing before perform a gathering function as a comments in support of or in opposition an Administrative Law Judge, the separate, stand-alone company focused to this project. The Commission will Commission will issue another notice on providing gathering services with its consider these comments in resources dedicated to improving describing that process. At the end of determining the appropriate action to be operational efficiencies and ensuring the Commission’s review process, a taken, but the filing of a comment alone market responsiveness for its customer will not serve to make the filer a party final Commission order approving or base. to the proceeding. The Commission’s denying a certificate will be issued. Any questions regarding the rules require that persons filing David P. Boergers, application should be directed to Gisela comments in opposition to the project B. Cherches, Senior Attorney, Secretary. provide copies of their protests only to Transcontinental Gas Pipe Line the party or parties directly involved in [FR Doc. 01–13730 Filed 5–31–01; 8:45 am] Corporation, P.O. Box 1396, Houston, the protest. BILLING CODE 6717–01–M Texas 77251, call (713) 215–2397. Persons who wish to comment only There are two ways to become on the environmental review of this involved in the Commission’s review of project should submit an original and this project. First, any person wishing to two copies of their comments to the obtain legal status by becoming a party Secretary of the Commission. to the proceedings for this project Environmental commenters will be should, on or before June 15, 2001, file
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with the Federal Energy Regulatory DEPARTMENT OF ENERGY wholesale power market in the Commission, 888 First Street, NE., Northwestern United States. Washington, DC 20426, a motion to Federal Energy Regulatory Comment date: June 13, 2001, in intervene in accordance with the Commission accordance with Standard Paragraph E at the end of this notice. The requirements of the Commission’s Rules [Docket No. EG01–215–000–000, et al.] of Practice and Procedure (18 CFR Commission will limit its consideration 385.214 or 385.211) and the Regulations ARE Generation Company, L.L.C., et al. of comments to those that concern the under the NGA (18 CFR 157.10). A Electric Rate and Corporate Regulation adequacy or accuracy of the application. person obtaining party status will be Filings 3. GenPower EW Frankfort, LLC placed on the service list maintained by May 23, 2001. [Docket No. EG01–217–000] the Secretary of the Commission and will receive copies of all documents Take notice that the following filings Take notice that on May 21, 2001, have been made with the Commission: filed by the applicant and by all other GenPower EW Frankfort, LLC parties. A party must submit 14 copies 1. ARE Generation Company, L.L.C. (Applicant), a Delaware limited liability company, whose address is 1040 Great of filings made with the Commission [Docket No. EG01–215–000] Plain Avenue, Needham, MA, filed with and must mail a copy to the applicant Take notice that on May 21, 2001, the Federal Energy Regulatory and to every other party in the ARE Generation Company, L.L.C. (AGC) Commission (Commission) an proceeding. Only parties to the tendered for filing with the Federal application for determination of exempt proceeding can ask for court review of Energy Regulatory Commission wholesale generator status pursuant to Commission orders in the proceeding. (Commission), an application for Part 365 of the Commission’s However, a person does not have to determination of exempt wholesale regulations. intervene in order to have comments generator status, pursuant to Section Applicant intends to construct an considered. The second way to 32(a)(1) of the Public Utility Holding approximate 320 MW natural gas-fired participate is by filing with the Company Act of 1935, as amended, independent power production facility Secretary of the Commission, as soon as (PUHCA), 15 U.S.C. § 79z–5a(a)(1) in West Frankfort, Franklin County, possible, an original and two copies of (1994), and Subchapter T, Part 365 of Illinois (the Facility). The Facility is comments in support of or in opposition the Commission’s regulations. currently under development and will to this project. The Commission will AGC is a Delaware limited liability be owned by Applicant. Electric energy consider these comments in company that owns and operates a 40 produced by the Facility will be sold by determining the appropriate action to be megawatt gas-fired cogeneration facility Applicant to the wholesale power taken, but the filing of a comment alone located in Anschutz, Wyoming. AGC market in the north central United will not serve to make the filer a party states that it will be engaged directly, or States. indirectly through one or more affiliates Comment date: June 13, 2001, in to the proceeding. The Commission’s as defined in Section 2(a)(11)(B) of accordance with Standard Paragraph E rules require that persons filing PUHCA, and exclusively in the business at the end of this notice. The comments in opposition to the project of owning or operating or both owning Commission will limit its consideration provide copies of their protests only to and operating an eligible facility, and of comments to those that concern the the party or parties directly involved in selling electric energy at wholesale. adequacy or accuracy of the application. the protest. Comment date: June 13, 2001, in 4. El Paso Electric Company, Public Comments, interventions and protests accordance with Standard Paragraph E Service Company of New Mexico, may be filed electronically via the at the end of this notice. The Arizona Public Service Company, Salt Commission will limit its consideration internet in lieu of paper. See, 18 CFR River Project Agricultural Improvement of comments to those that concern the 385.2001(a)(1)(iii) and the instructions and Power District on the Commission’s web site at http:/ adequacy or accuracy of the application. /www.ferc.fed.us/efi/doorbell.htm. [Docket No. ER01–2091–000, Docket No. 2. Cold Springs Creek, LLC NJ01–7–000] If the Commission decides to set the [Docket No. EG01–216–000] Take notice that on May 18, 2001, El application for a formal hearing before Take notice that on May 21, 2001, Paso Electric Company, Public Service an Administrative Law Judge, the Cold Springs Creek, LLC (Applicant), an Company of New Mexico, Arizona Commission will issue another notice Idaho limited liability company, whose Public Service Company, and the Salt describing that process. At the end of address is 130 Riley Creek Park Drive, River Project Agricultural Improvement the Commission’s review process, a P.O. Box 220 Lacede, Idaho 83841, filed and Power District, tendered for filing final Commission order approving or with the Federal Energy Regulatory revisions to their Open Access denying a certificate will be issued. Commission (Commission) an Transmission Tariffs to treat the David P. Boergers, application for determination of exempt multiple generating units that are wholesale generator status pursuant to connected to the Palo Verde/ Secretary. Part 365 of the Commission’s Hassayampa Common Bus Market Hub [FR Doc. 01–13756 Filed 5–31–01; 8:45 am] regulations. as a single point of receipt. BILLING CODE 6717–01–M Applicant intends to lease and Comment date: June 8, 2001, in operate a facility comprised of five (5), accordance with Standard Paragraph E continuously rated 1.6-megawatt at the end of this notice. generator sets (non-road engines) fired 5. Florida Power & Light Company on diesel fuel with a maximum total output of 8-megawatts (the Facility). [Docket No. ER01-1236–002] The Facility is located in Lacede, Idaho. Take notice that on May 18, 2001, Electric energy produced by the Facility Florida Power & Light Company (FPL) will be sold by Applicant to the tendered for filing a revision to the
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filing dated March 15, 2001. The March the rate schedule, which was originally Copies of this filing were served upon 15, 2001 filing was to show compliance filed on March 30, 2001. the Public Utilities Commission of the with Order No. 614, FERC Stats.& Regs. MH50 states that a copy of this filing State of California and AES. ¶31,096 (2000). FPL revised the filing by has been mailed to PJM. Comment date: June 8, 2001, in changing the designation in the header, Comment date: June 8, 2001, in accordance with Standard Paragraph E specifically, by designating the correct accordance with Standard Paragraph E at the end of this notice. volume number of the governing Tariff at the end of this notice. 12. Virginia Electric and Power as Volume 7 rather than Volume 8. 9. Idaho Power Company Company Comment date: June 8, 2001, in accordance with Standard Paragraph E [Docket No. ER01–1771–002] [Docket No. ER01–2080–000] at the end of this notice. Take notice that on May 18, 2001, Take notice that on May 18, 2001, Idaho Power Company (Idaho Power) Virginia Electric and Power Company 6. New York Independent System tendered for filing a request for an Operator, Inc. (Dominion Virginia Power) tendered for effective date of January 1, 2001 for a filing Notices of Termination of Service [Docket No. ER01–1489–001] Power Sales Agreement (Agreement) Agreements with Entergy Power Take notice that on May 18, 2001, the tendered for filing on April 10, 2001 in Marketing Corp. for Firm and Non-Firm New York Independent System Docket No. ER01–1771–000; and revised Point-To-Point Transmission Service Operator, Inc. (NYISO) tendered for sheets of an Amendment to the designated respectively as First Revised filing revisions to its Open Access Agreement filed on April 25, 2001 in Service Agreement Nos. 188 and 107 Transmission Tariff and Market Docket No. ER01–1771–001. Idaho under FERC Electric Tariff, Second Administration and Control Area Power requests an effective date of Revised Volume No. 5 and Koch Energy Services Tariff to revise the expiration February 1, 2001 for the Amendment. Trading, Inc. for Firm and Non-Firm Comment date: June 8, 2001, in date of the NYISO’s Temporary Point-To-Point Transmission Service accordance with Standard Paragraph E Extraordinary Procedures, pursuant to designated respectively as First Revised at the end of this notice. the Commission’s order issued on May Service Agreement Nos. 134 and 183 8, 2001 in the above-captioned docket. 10. Michigan Electric Transmission under FERC Electric Tariff, Second The NYISO has requested an effective Company Revised Volume No. 5. Dominion date of May 1, 2001 for the filing. [Docket No. ER01–2078–000] Virginia Power also respectfully The NYISO has served a copy of this Take notice that on May 18, 2001 requests an effective date of the filing upon parties on the official service Michigan Electric Transmission termination of the Service Agreement of list maintained by the Commission for Company (Michigan Transco) tendered July 17, 2001, which is sixty (60) days the above-captioned docket. for filing a Letter Agreement with Covert from the date of filing of the Letter of Comment date: June 8, 2001, in Generating Company, LLC [Generator], Termination. accordance with Standard Paragraph E dated April 18, 2001, (Agreement). Copies of the filing were served upon at the end of this notice. Under the Agreement, certain Axia Energy, L.P. (merged entity 7. New York Independent System preliminary construction activities are replacing Koch Energy Trading, Inc. and Operator, Inc. Operator, Inc. to be undertaken that are associated Entergy Power Marketing Corp.), the Virginia State Corporation Commission [Docket Nos. ER01–1517–001;ER01–181–002] with providing an electrical connection between Michigan Transco’s and the North Carolina Utilities Take notice that on May 18, 2001, the transmission system and a generating Commission. New York Independent System plant to be built by Generator. It also Comment date: June 8, 2001, in Operator, Inc. (NYISO) tendered for replaces and supersedes an earlier Letter accordance with Standard Paragraph E filing revisions to its Market Agreement with Covert. at the end of this notice. Administration and Control Area Michigan Transco requested that the 13. Allegheny Energy Service Services Tariff to revise the expiration Agreement be allowed to become Corporation on behalf of Allegheny date of the NYISO’s existing Bid Cap in effective May 18, 2001. Energy Supply Company, LLC certain of the NYISO-administered Copies of the filing were served upon markets, pursuant to the Commission’s Generator and the Michigan Public [Docket No. ER01–2081–000] order issued on May 8, 2001 in the Service Commission. Taken notice that on May 18, 2001, above-captioned docket. The NYISO has Comment date: June 8, 2001, in Allegheny Energy Service Corporation requested an effective date of May 1, accordance with Standard Paragraph E on behalf of Allegheny Energy Supply 2001 for the filing. at the end of this notice. Company, LLC (Allegheny Energy The NYISO has served a copy of this Supply) tendered for filing Service filing upon parties on the official service 11. Southern California Edison Agreement No. 123 to add one (1) new lists maintained by the Commission for Company Customer to the Market Rate Tariff the above-captioned dockets. [Docket No. ER01–2079–000] under which Allegheny Energy Supply Comment date: June 8, 2001, in Take notice that on May 18, 2001, offers generation services. Allegheny accordance with Standard Paragraph E Southern California Edison Company Energy Supply requests a waiver of at the end of this notice. (SCE) tendered for filing the Amended notice requirements for an effective date 8. FPL Energy MH50, L.P. and Restated Radial Lines Agreement of April 19, 2001 for service to Atlantic (Amended Agreement) between SCE City Electric Company. Confidential [Docket No. ER01–1676–001] and AES Huntington Beach L.L.C. (AES) treatment of information in the Service Take notice that on May 18, 2001, FPL The Amended Agreement serves to Agreement has been requested. Energy MH50, L.P. (MH50) tendered for provide the terms and conditions under Copies of the filing have been filing amendments to its proposed Rate which SCE shall operate and maintain provided to the Public Utilities Schedule FERC No. 2. MH50 states that the Radial Lines, and to reflect certain Commission of Ohio, the Pennsylvania the amendments consist of limited capital additions to such Radial Line Public Utility Commission, the modifications to three components of facilities. Maryland Public Service Commission,
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the Virginia State Corporation Metered Entities to be made effective 20. American Electric Power Service Commission, the West Virginia Public May 8, 2001. Corporation Service Commission, and all parties of Comment date: June 8, 2001, in [Docket No. ER01–2090–000] record. accordance with Standard Paragraph E Take notice that on May 18, 2001, the Comment date: June 8, 2001, in at the end of this notice. accordance with Standard Paragraph E American Electric Power Service at the end of this notice. 17. California Independent System Corporation (AEPSC) tendered for filing Operator Corporation executed Interconnection and Operation 14. California Independent System Agreement between Ohio Power Operator Corporation [Docket No. ER01–2085–000] Company and Dominion Equipment, [Docket No. ER01–2082–000] Take notice that on May 18, 2001, the Inc. The agreement is pursuant to the AEP Companies’ Open Access Take notice that on May 18, 2001, the California Independent System Operator Transmission Service Tariff (OATT) that California Independent System Operator Corporation, tendered for filing a has been designated as the Operating Corporation, tendered for filing a Meter Participating Generator Agreement Companies of the American Electric Service Agreement for ISO Metered between the ISO and Ramco, Inc. for Power System FERC Electric Tariff Entities between the ISO and Ramco, acceptance by the Commission. Revised Volume No. 6, effective June 15, Inc. for acceptance by the Commission. The ISO states that this filing has been 2000. The ISO states that this filing has been served on Ramco, Inc. and the California Public Utilities Commission. AEP requests an effective date of July served on Ramco, Inc. and the California 17, 2001. Public Utilities Commission. The ISO is requesting waiver of the A copy of the filing was served upon The ISO is requesting waiver of the 60-day notice requirement to allow the the Ohio Public Utilities Commission. 60-day notice requirement to allow the Participating Generator Agreement to be Comment date: June 8, 2001, in Meter Service Agreement for ISO made effective May 8, 2001. accordance with Standard Paragraph E Metered Entities to be made effective Comment date: June 8, 2001, in at the end of this notice. May 8, 2001. accordance with Standard Paragraph E 21. Florida Power & Light Company Comment date: June 8, 2001, in at the end of this notice. accordance with Standard Paragraph E [Docket No. ER01–874–002] 18. San Manuel Power Co. LLC at the end of this notice. Take notice that on May 18, 2001, 15. California Independent System [Docket No. ER01–2086–000] Florida Power & Light Company (FPL) Operator Corporation Take notice that on May 18, 2001, San tendered for filing a revision to the Manuel Power Co. LLC (Applicant), filing dated March 6, 2001. The March [Docket No. ER01–2083–000] 6, 2001 filing was to show compliance Take notice that on May 18, 2001, the tendered for filing an application for approval of its initial rate schedule with Order No. 614, FERC Stats. & Regs. California Independent System Operator ¶ 31,096 (2000). FPL revised the filing Corporation, tendered for filing a (FERC Electric Tariff Original Volume No. 1) and for blanket approval for by changing the designation in the Participating Generator Agreement header, specifically, by designating the between the ISO and Ridgewood market-based rates pursuant to Part 35 of the Commission’s regulations. correct volume number of the governing Olinda, LLC for acceptance by the Tariff as Volume 7 rather than Volume Commission. Applicant is a limited liability 8. The ISO states that this filing has been company that will operate a 37-MW Comment date: June 8, 2001, in served on Ridgewood Olinda, LLC and generating plant near San Manuel, accordance with Standard Paragraph E the California Public Utilities Arizona. at the end of this notice. Commission. Comment date: June 8, 2001, in Standard Paragraph The ISO is requesting waiver of the accordance with Standard Paragraph E 60-day notice requirement to allow the at the end of this notice. E. Any person desiring to be heard or Participating Generator Agreement to be to protest such filing should file a made effective May 8, 2001. 19. Deseret Generation & Transmission motion to intervene or protest with the Comment date: June 8, 2001, in Co-operative Federal Energy Regulatory Commission, accordance with Standard Paragraph E [Docket No. ER01–2087–000] 888 First Street, N.E., Washington, D.C. at the end of this notice. 20426, in accordance with Rules 211 Take notice that on May 18, 2001, and 214 of the Commission’s Rules of 16. California Independent System Deseret Generation & Transmission Co- Practice and Procedure (18 CFR 385.211 Operator Corporation operative, Inc. (Deseret), tendered for and 385.214). All such motions or filing an executed long-term firm point- [Docket No. ER01–2084–000] protests should be filed on or before the to-point service agreement with Idaho Take notice that on May 18, 2001, the comment date. Protests will be Power Company under Deseret’s open California Independent System Operator considered by the Commission in access transmission tariff. Deseret Corporation, tendered for filing a Meter determining the appropriate action to be requests a waiver of the Commission’s Service Agreement for ISO Metered taken, but will not serve to make notice requirements for an effective date Entities between the ISO and protestants parties to the proceeding. of January 1, 2001. Ridgewood Olinda, LLC for acceptance Any person wishing to become a party by the Commission. Deseret’s open access transmission must file a motion to intervene. Copies The ISO states that this filing has been tariff is currently on file with the of these filings are on file with the served on Ridgewood Olinda, LLC and Commission in Docket No. OA97–487– Commission and are available for public the California Public Utilities 000. Idaho Power has been provided a inspection. This filing may also be Commission. copy of this filing. viewed on the Internet at http:// The ISO is requesting waiver of the Comment date: June 8, 2001, in www.ferc.fed.us/online/rims.htm (call 60-day notice requirement to allow the accordance with Standard Paragraph E 202–208–2222 for assistance). Meter Service Agreement for ISO at the end of this notice. Comments, protests, and interventions
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may be filed electronically via the Power Pool Regional Transmission Comment date: June 11, 2001, in internet in lieu of paper. See, 18 CFR Organization. accordance with Standard Paragraph E 385.2001(a)(1)(iii) and the instructions Comment date: June 11, 2001, in at the end of this notice. on the Commission’s web site at http:/ accordance with Standard Paragraph E 7. Idaho Power Company /www.ferc.fed.us/efi/doorbell.htm. at the end of this notice. [Docket No. ER01–2089–000] David P. Boergers, 3. New England Power Pool Take notice that on May 21, 2001, Secretary. [Docket No. ER01–1398–001] Idaho Power Company tendered for [FR Doc. 01–13725 Filed 5–31–01; 8:45 am] Take notice that on May 21, 2001, the filing a Service Agreement for Firm BILLING CODE 6717–01–P New England Power Pool (NEPOOL) Point-to-Point Transmission Service Participants Committee tendered for between Idaho Power and the State of Nevada, Colorado River Commission DEPARTMENT OF ENERGY filing a report of compliance in response to requirements of the Commission’s under its open access transmission tariff Federal Energy Regulatory April 25, 2001 order in Docket No. in the above-captioned proceeding. Comment date: June 11, 2001, in Commission ER01–1398–000. New England Power accordance with Standard Paragraph E Pool, 95 FERC ¶ 61,105 (2001). [Docket No. EC01–102–000, et al.] at the end of this notice. The NEPOOL Participants Committee North Carolina Power Holdings, LLC, states that copies of these materials were 8. Idaho Power Company et al.; Electric Rate and Corporate sent to all persons identified on the [Docket No. ER01–2093–000] Regulation Filings service lists in the captioned Take notice that on May 21, 2001, proceedings, the NEPOOL Participants Idaho Power Company tendered for May 24, 2001. and the six New England state governors filing a Service Agreement for Non-Firm Take notice that the following filings and regulatory commissions. Point-to-Point Transmission Service have been made with the Commission: Comment date: June 11, 2001, in between Idaho Power and Axia Energy, 1. North Carolina Power Holdings, LLC, accordance with Standard Paragraph E LP, under its open access transmission Enron North America Corp., AIG at the end of this notice. tariff in the above-captioned proceeding. Highstar Capital, L.P. 4. PJM Interconnection, L.L.C. Comment date: June 11, 2001, in accordance with Standard Paragraph E [Docket No. EC01–102–000] [Docket No. ER01–1440–001] at the end of this notice. Take notice that on May 18, 2001, Take notice that on May 21, 2001, 9. Idaho Power Company Enron North America Corp. (ENA), PJM Interconnection, L.L.C. (PJM), in North Carolina Power Holdings, LLC compliance with ordering paragraph (B) [Docket No. ER01–2094–000] (NCPH) (on behalf of its wholly-owned of the Commission’s order in PJM Take notice that on May 21, 2001, subsidiaries, Elizabethtown Power, LLC Interconnection, L.L.C., 95 FERC Idaho Power Company tendered for (Elizabethtown) and Lumberton Power, ¶ 61,175 (2001), tendered for filing filing a Service Agreement for Firm LLC (Lumberton), and AIG Highstar Second Revised Sheet No. 54 to the PJM Point-to-Point Transmission Service Capital, L.P. (AIG Highstar) (collectively Reliability Assurance Agreement between Idaho Power and Axia Energy, Applicants) filed with the Federal Among Load Serving Entities in the PJM LP, under its open access transmission Energy Regulatory Commission an Control Area, which eliminates the limit tariff in the above-captioned proceeding. application pursuant to Section 203 of on the Alternate Value calculation. Comment date: June 11, 2001, in the Federal Power Act for authorization Comment date: June 11, 2001, in accordance with Standard Paragraph E of a disposition of jurisdictional accordance with Standard Paragraph E at the end of this notice. facilities whereby ENA will transfer one at the end of this notice. hundred percent of the equity interests 10. Avista Corporation it holds in NCPH to AIG Highstar 5. PJM Interconnection, L.L.C. [Docket No. ER01–2095–000] through a securities purchase [Docket No. ER01–1730–001] Take notice that on May 21, 2000, agreement. Applicants request Avista Corporation (Avista) tendered for Take notice that on May 21, 2001, confidential treatment of Exhibit I, filing a Parallel Operating and Power PJM Interconnection, L.L.C. (PJM) pursuant to 18 CFR 388.112 of the Sale Agreement (Agreement) between Commission’s regulations, for the tendered for filing a clean First Revised Avista and Kootenai Electric written instruments associated with the Sheet No. 43 Superceding Original Cooperative (Kootenai). The Agreement proposed disposition. Sheet No. 43 which was mis-designated allows Kootenai to interconnect a 1.6 Comment date: June 8, 2001, in in the original filing made April 5, 2001 MW diesel powered electric generating accordance with Standard Paragraph E in this docket. unit located at Kootenai’s Athol at the end of this notice. Comment date: June 11, 2001, in Substation with Avista’s electric system accordance with Standard Paragraph E for parallel operation of the unit with 2. Western Resources, Inc. and Kansas at the end of this notice. Gas and Electric Company Avista’s system. The Agreement also 6. Idaho Power Company provides for sales of power from the [Docket No. EC01–103–000] unit to Avista, to the extent Kootenai is Take notice that on May 21, 2001, [Docket No. ER01–2088–000] able to produce more power from the Western Resources, Inc. and Kansas Gas Take notice that on May 21, 2001, unit than it needs to cover its loss and Electric Company filed with the Idaho Power Company tendered for obligations to Avista. Federal Energy Regulatory Commission filing a Service Agreement for Non-Firm Given the urgent need for additional an application pursuant to Section 203 Point-to-Point Transmission Service generating capacity in the Pacific of the Federal Power Act for between Idaho Power and the State of Northwest, Avista also requests waiver authorization to transfer operational Nevada, Colorado River Commission of the Commission’s notice control of certain of their jurisdictional under its open access transmission tariff requirements to allow the Agreement to transmission facilities to the Southwest in the above-captioned proceeding. become effective on March 15, 2001.
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Comment date: June 11, 2001, in f. Filed Pursuant to: Sections 4.200(c) comments, a protest, or a motion to accordance with Standard Paragraph E and 4.202(a) of the Commission’s intervene in accordance with the at the end of this notice. regulations. requirements of Rules of Practice and g. Applicant Contact: Ms. Beth Harris, Procedure, 18 CFR 385.210, .211, .214. Standard Paragraph Chi Energy, Inc., P.O. Box 8597, 1311A In determining the appropriate action to E. Any person desiring to be heard or Miller Road, Greenville, SC 29604, (864) take, the Commission will consider all to protest such filing should file a 281–9630. protests or other comments filed, but motion to intervene or protest with the h. FERC Contact: James Hunter, (202) only those who file a motion to Federal Energy Regulatory Commission, 219–3839. intervene in accordance with the 888 First Street, NE., Washington, DC i. Deadline for filing comments, Commission’s Rules may become a 20426, in accordance with Rules 211 protests, and motions to intervene: 30 party to the proceeding. Any comments, and 214 of the Commission’s Rules of days from the issuance date this notice. protests, or motions to intervene must Practice and Procedure (18 CFR 385.211 All documents (original and eight be received on or before the specified and 385.214). All such motions or copies) should be filed with: David P. comment date for the particular protests should be filed on or before the Boergers, Secretary, Federal Energy application. comment date. Protests will be Regulatory Commission, 888 First Filing and Service of Responsive considered by the Commission in Street, NE., Washington, DC 20426. Documents—Any filings must bear in determining the appropriate action to be Comments, protests, and motions to all capital letters the title taken, but will not serve to make intervene may be filed electronically via ‘‘COMMENTS’’, ‘‘PROTEST’’, or protestants parties to the proceeding. the internet in lieu of paper. See, 18 ‘‘MOTION TO INTERVENE’’, as Any person wishing to become a party CFR 385.2001(a)(1)(iii) and the applicable, and the Project Number of must file a motion to intervene. Copies instructions on the Commission’s web the particular application to which the of these filings are on file with the site at http://www.ferc.fed.us/efi/ filing refers. Any of the above-named Commission and are available for public doorbell.htm. documents must be filed by providing Please include the project number (P– inspection. This filing may also be the original and the number of copies 2655–040) on any comments or motions viewed on the Internet at http:// provided by the Commission’s filed. Previously filed comments on this www.ferc.fed.us/online/rims.htm (call regulations to: The Secretary, Federal 202–208–2222 for assistance). extension request need not be repeated. j. Description of Proposal: The Energy Regulatory Commission, 888 Comments, protests, and interventions First Street, NE, Washington, DC 20426. may be filed electronically via the licensee requests a two-year extension of time to commence and complete A copy of any motion to intervene must internet in lieu of paper. See, 18 CFR also be served upon each representative 385.2001(a)(1)(iii) and the instructions construction of an additional 24.3 megawatts of capacity at the project. of the Applicant specified in the on the Commission’s web site at http:/ particular application. /www.ferc.fed.us/efi/doorbell.htm. The additional capacity was authorized by order issued December 19, 1986. The Agency Comments—Federal, state, David P. Boergers, plan of construction was modified by and local agencies are invited to file comments on the described application. Secretary. order issued November 23, 1992. Article A copy of the application may be [FR Doc. 01–13726 Filed 5–31–01; 8:45 am] 301 of the project license, as last obtained by agencies directly from the BILLING CODE 6717–01–P amended, requires that construction be commenced by June 19, 2001, and Applicant. If an agency does not file completed by June 19, 2003. In support comments within the time specified for DEPARTMENT OF ENERGY of its request, the licensee states that the filing comments, it will be presumed to additional capacity is needed in the have no comments. One copy of an Federal Energy Regulatory light of developing energy shortages. agency’s comments must also be sent to Commission The licensee states further that it the Applicant’s representatives. intends to work with the neighboring Notice of Request for Extension of David P. Boergers, cities on the design of the new Time To Commence and Complete Secretary. powerhouse, sponsoring a design Construction of Project Improvements [FR Doc. 01–13729 Filed 5–31–01; 8:45 am] contest, scheduling tours of the old and and Soliciting Comments, Protests, BILLING CODE 6717–01–M new powerhouses, and installing picnic and Motions To Intervene facilities to support increased tourism. May 25, 2001. k. Locations of the application: A Take notice that the following copy of the application is available for ENVIRONMENTAL PROTECTION hydroelectric application has been filed inspection and reproduction at the AGENCY with the Commission and is available Commission’s Public Reference Room, [FRL–6989–8] for public inspection: located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling a. Application Type: Request for Agency Information Collection (202) 208–1371. The application may be Extension of Time. Activities: Proposed Collection; viewed on the web at www.ferc.fed.us/ b. Project No: 2655–040. Comment Request; Final National c. Date Filed: March 19, 2001; online/rims.htm (Call (202) 208–2222 Primary Drinking Water Regulations; Supplemented May 21, 2001. for assistance). A copy is also available Stage 1 Disinfectants/Disinfection d. Applicant: Eagle & Phenix Hydro for inspection and reproduction at the Byproducts Rule and Interim Company, Inc. address in item g above. e. Name and Location of Project: The l. Individuals desiring to be included Enhanced Surface Water Treatment Eagle & Phenix Hydroelectric Project is on the Commission’s mailing list should Rule located on the Chattahoochee River in so indicate by writing to the Secretary AGENCY: Environmental Protection Miscogee County, Georgia and Russell of the Commission. Agency. County, Alabama. The project would Comments, Protests, or Motions to ACTION: Notice. not occupy federal or tribal lands. Intervene—Anyone may submit
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SUMMARY: In compliance with the information, processing and systems that add a chemical disinfectant Paperwork Reduction Act (44 U.S.C. maintaining information, and disclosing to the water in any part of the drinking 3501 et seq.), this document announces and providing information; adjust the water treatment process and transient that Environmental Protection Agency existing ways to comply with any noncommunity water systems that use (EPA) is planning to submit the previously applicable instructions and chlorine dioxide. ‘‘Small’’ systems serve following two continuing Information requirements; train personnel to be able less than 10,000 people. ‘‘Large’’ Collection Requests (ICRs) to the Office to respond to a collection of systems serve 10,000 or more people. of Management and Budget (OMB). information; search data sources; ‘‘Subpart H’’ systems include all PWSs Before submitting the ICRs to OMB for complete and review the collection of using surface water or ground water review and approval, EPA is soliciting information; and transmit or otherwise under the direct influence of surface comments on specific aspects of the disclose the information. water as a source (40 CFR 141.2). information collection as described at Abstract: The Stage 1 Disinfectants/ B. List of ICRs Planned To Be the beginning of SUPPLEMENTARY Disinfection Byproducts Rule (Stage 1 Submitted INFORMATION. DBPR) requires information collection In compliance with the Paperwork for disinfectants and disinfection DATES: Comments must be submitted on Reduction Act (44 U.S.C. 3501 et seq.), byproducts (DBPs). The contaminants or before July 31, 2001. this notice announces that EPA is included in this rule also include DBP ADDRESSES: Office of Ground Water and planning to submit the following two precursors, characterized as total Drinking Water (MC 4606), 1200 continuing Information Collection organic carbon (TOC). Under the Stage Pennsylvania Avenue NW., Washington, Requests (ICRs) to the Office of 1 DBPR, contaminants and disinfectants DC 20460. A hard copy of an ICR may Management and Budget (OMB): regulated include total trihalomethanes be obtained without charge by calling (1) Information Collection Request for (TTHMs), five haloacetic acids (HAA5), the identified information contact Final National Primary Drinking Water bromate, chlorite, chlorine, individual for each ICR in Section C of Regulations; Stage 1 Disinfectants/ chloramines, chlorine dioxide, and TOC the Supplementary Information. Disinfection Byproducts Rule, ICR (through a treatment technique). The FOR FURTHER INFORMATION CONTACT: For Number: 1896.01, OMB Control regulation is intended to protect public specific information on the individual Number: 2040–0204, expiring November health and welfare from these ICR see Section C of the SUPPLEMENTARY 30, 2001. chemicals. INFORMATION. (2) Information Collection Request for All of the data collected from PWSs SUPPLEMENTARY INFORMATION: Final National Primary Drinking Water and States are mandatory (40 CFR part Regulations; Interim Enhanced Surface 141 subpart L and 40 CFR part 142). A. For All ICRs Water Treatment Rule, ICR Number: Data from laboratories for laboratory An Agency may not conduct or 1895.01, OMB Control Number: 2040– certification or approval are not sponsor, and a person is not required to 0205, expiring November 30, 2001. mandatory, but laboratories must respond to, a collection information provide it in order to obtain or retain a unless it displays a currently valid OMB C. Contact Individuals for ICRs benefit. Under this rule, State and local control number. The OMB control (1) Information Collection Request for respondents will collect and report numbers for EPA’s regulations are Final National Primary Drinking Water information on the levels of various displayed in 40 CFR part 9. Regulations; Stage 1 Disinfectants/ contaminants in drinking water supplies The EPA would like to solicit Disinfection Byproducts Rule, Nicole at specified intervals. The comments to: Foley, phone: 202–260–0875, facsimile: Environmental Protection Agency (the (i) Evaluate whether the proposed 202–401–2345, [email protected]. Agency), through the Safe Drinking collection of information is necessary (ICR Number: 1896.01, OMB Control Water Information System (SDWIS), will for the proper performance of the Number: 2040–0204, expiring November use the information to ensure functions of the Agency, including 30, 2001); compliance with this rule and to protect whether the information will have (2) Information Collection Request for public health. The date that systems practical utility; Final National Primary Drinking Water begin to monitor contaminants for the (ii) Evaluate the accuracy of the Regulations; Interim Enhanced Surface Stage 1 DBPR depends on the size and Agency’s estimate of the burden of the Water Treatment Rule, Nicole Foley, type of the system (40 CFR 141.130). proposed collection of information; phone: 202–260–0875, facsimile: 202– Monitoring, reporting, and record (iii) Enhance the quality, utility, and 401–2345, [email protected]. (ICR keeping are required at both system and clarity of the information to be Number: 1895.01, OMB Control State levels under the National Primary collected; and Number: 2040–0205, expiring November Drinking Water Regulations (NPDWRs) (iv) Minimize the burden of the 30, 2001). (40 CFR 141.131, 141.132, 141.134, collection of information on those who 141.135, 142.14, 142.16). All public are to respond, including through the D. Individual ICRs water systems (PWSs) shall maintain use of automated collection techniques (1) Information Collection Request for and report to the State information or other forms of information Final National Primary Drinking Water documenting compliance with the technology, e.g., permitting electronic Regulations; Stage 1 Disinfectants/ treatment and monitoring requirements submission of responses. Disinfection Byproducts Rule, ICR under the NPDWRs. States shall Burden means the total time, effort, or Number: 1896.01, OMB Control maintain records essential for program financial resources expended by persons Number: 2040–0204, expiring November implementation and oversight. These to generate, maintain, retain, or disclose 30, 2001. records, retained in the SDWIS or at or provide information to or for a Affected Entities: Entities potentially State offices, will allow EPA to track Federal agency. This includes the time affected by this action are State, local, PWS compliance with the NPDWRs. needed to review instructions; develop, Tribal or Federal governments, and Data collected under the Safe acquire, install, and utilize technology public water systems (PWSs). This rule Drinking Water Act (SDWA) are used by and systems for the purposes of applies to community water systems the Agency’s Office of Ground Water collecting, validating, and verifying and nontransient noncommunity water and Drinking Water and other U.S. EPA
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programs, such as Superfund and Cryptosporidium in particular. The rule State levels under the National Primary RCRA. The data are also used by the also establishes individual filter Drinking Water Regulations (NPDWRs) Farmers Home Administration, the monitoring and reporting requirements. (40 CFR 141.172, 141.174, 142.175, Department of the Interior, the Additionally, the provisions of this rule 142.14, 142.15). All affected PWSs shall Department of Housing and Urban are intended to prevent an increase in maintain and report to the State Development, the U.S. Army Corps of microbial risk while PWSs comply with information documenting compliance Engineers, White House Task forces, the new standards for disinfection with the treatment and monitoring Federal Emergency Management byproducts. The regulatory initiative requirements under the NPDWRs. States Agency, the Food and Drug discussed in this document is intended shall maintain records essential for Administration, public interest groups, to protect public health and welfare program implementation and oversight. from microbial contaminants. All of the and many private companies and These records, retained in the Safe individuals. The information collected data collected from PWSs and States are Drinking Water Information System is not confidential. mandatory (40 CFR part 141 subpart L (SDWIS), will allow EPA to track PWS Burden Statement: The estimated and 40 CFR part 142). Data from compliance with the NPDWRs. annual burden hours for this renewed laboratories for laboratory certification information collection are 724,307 or approval are not mandatory, but Data collected under the Safe hours. The estimated average burden laboratories must provide the data in Drinking Water Act (SDWA) are used by hours per response is 0.7 hours. The order to obtain or retain a benefit. In the Agency’s Office of Ground Water estimated average number of responses addition, under this drinking water and Drinking Water, and other U.S. EPA per respondent is 24. The estimated protection initiative, EPA would assure programs such as Superfund and RCRA. number of likely respondents annually appropriate laboratory approval through The data are also used by the Farmers is 47,074. The estimated annual cost is a volunteer program for the Home Administration, the Department $43.1 million which represents O&M measurement of microbial contaminants of the Interior, the Department of costs in the form of fee for service. (e.g., Cryptosporidium) for the Housing and Urban Development, the Change in Burden: The burden will be protection of public health. Through U.S. Army Corps of Engineers, White changed from 314,471 annual burden this program, EPA would evaluate the House task forces, the Federal hours to 724,307 annual burden hours performance of laboratories analyzing Emergency Management Agency, the for this renewal ICR. The estimated PWS source water microbial samples. Food and Drug Administration, public burden of 409,836 annual burden hours Given the high level of skill and interest groups, and many private is occurring because all monitoring, experience required for the appropriate companies and individuals. The reporting, and record keeping analytical methods, and the information collected is not requirements associated with impracticality for States to adopt their confidential. compliance under the Stage 1 DBPR will own laboratory approval program for a take effect during the next ICR approval small number of laboratories, an EPA Burden Statement: The estimated period. The O&M costs also occur as a laboratory approval program is critical annual burden hours for this renewed result of the monitoring requirements. to ensure high quality data. Also, the information collection are 4,682,067 (2) Information Collection Request for microbial contaminant data analyzed by hours. The estimated average burden Final National Primary Drinking Water the laboratories may be used to meet hours per response is one hour. The Regulations; Interim Enhanced Surface possible future compliance estimated average number of responses Water Treatment Rule, ICR Number: requirements for PWSs. per respondent is 3,229. The estimated 1895.01, OMB Control Number: 2040– Several distinct types of data are number of likely respondents annually 0205, expiring November 30, 2001. being collected under the IESWTR. The is 1,497. The estimated annual capital Affected Entities: Entities potentially most extensive data collection effort cost is $30.9 million. The estimated affected by this action are State, local, involves monitoring the turbidity of annual O&M cost is $10.3 million. Tribal or Federal governments, and drinking water at individual filters for public water systems serving 10,000 or all PWSs covered by this rule. This Change in Burden: The burden will be more people using surface water or monitoring requirement supplements changed from 150,557 annual hours to ground water under the direct influence current combined filter effluent 4,687,452 annual hours for this renewal of surface water. ‘‘Subpart H’’ systems turbidity monitoring already required ICR. The burden of 4,682,067 annual include all PWSs using surface water or under the Surface Water Treatment Rule hours is occurring because turbidity ground water under the direct influence (SWTR). Under the current SWTR, monitoring for individual filters and of surface water as a source (40 CFR PWSs must monitor their combined sanitary surveys are beginning in the § 141.2). filter effluent every 4 hours to determine third year following promulgation of the Abstract: The Interim Enhanced compliance. This requirement will rule. In addition, a laboratory approval Surface Water Treatment Rule (IESWTR) continue under the IESWTR, but the program for measurement of microbial requires information collection of turbidity compliance levels will change. contaminants will add an estimated turbidity measurements and water The IESWTR will initiate new marginal burden of 5,385 annual hours, quality characteristics for Subpart H requirements for individual filter an estimated annual capital cost of public water systems (PWSs) serving monitoring using a continuous $17,000, and an estimated annual O&M 10,000 or more people. Subpart H monitoring turbidimeter and cost of $71,000. systems include all PWSs using surface electronically recording data on a Dated: May 24, 2001. water or ground water under the direct continuous basis. The turbidity data for influence (GWUDI) of surface water as individual filters are used to determine Phil Oshida, a source (40 CFR 141.2). Under this rule, if follow-up filter or plant assessments Acting Director, Office of Ground Water and standards for combined filter effluent are needed. Drinking Water. are strengthened to improve control of Monitoring, reporting, and record [FR Doc. 01–13923 Filed 5–31–01; 8:45 am] microbial contaminants, the protozoan keeping are required at both system and BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION The program regulation provides for criteria under section 301(d) of the CAA AGENCY Indian Tribes, if they so choose, to and is qualified for purposes of assume responsibility for the implementing an Air Quality Program. [FRL–6989–2] development and implementation of Section 114 of the CAA is the authority CAA programs. The regulation, Indian for the collection of information. Agency Information Collection Tribes: Air Quality Planning and Activities: Submission for OMB An agency may not conduct or Management (the Tribal Authority Rule Review; Comment Request; Clean Air sponsor, and a person is not required to (TAR)), sets forth how Tribes may seek Act Tribal Authority respond to, a collection of information authority to implement their own air unless it displays a currently valid OMB AGENCY: Environmental Protection quality planning and management control number. The OMB Federal programs. The rule establishes: (1) Agency (EPA). Register document required under 5 Which CAA provisions Indian Tribes ACTION: Notice. CFR 1320.8(d), soliciting comments on may seek authority to implement, (2) this collection of information was what requirements the Tribes must meet SUMMARY: In compliance with the published on March 7, 2001; (66 FR when seeking such authorization, and Paperwork Reduction Act (44 U.S.C. 13724). No comments were received. 3501 et seq.), this notice announces that (3) what Federal financial assistance Burden Statement: The annual public the following Information Collection may be available to help Tribes establish reporting and record keeping burden for Request (ICR) has been forwarded to the and manage their air quality programs. this collection of information is Office of Management and Budget The TAR provides Tribes the authority estimated to average 40 hours per (OMB) for review and approval: Clean to administer air quality programs over response. Burden means the total time, Air Act Tribal Authority (OMB Control all air resources, including non-Indian effort, or financial resources expended No. 2060–0306), expiring May 31, 2001. owned fee lands, within the exterior by persons to generate, maintain, retain, The ICR describes the nature of the boundaries of a reservation and other or disclose or provide information to or information collection and its expected areas over which the tribe can for a Federal agency. This includes the burden and cost; where appropriate, it demonstrate jurisdiction. An Indian time needed to review instructions; includes the actual data collection Tribe that takes responsibility for a CAA program would essentially be treated in develop, acquire, install, and utilize instrument. the same way as a State would be technology and systems for the purposes DATES: Comments must be submitted on treated for that program. of collecting, validating, and verifying or before July 2, 2001. To be eligible for delegation of CAA information, processing and ADDRESSES: Send comments, referencing programs, an Indian Tribe must submit maintaining information, and disclosing EPA ICR No. 1676.03 and OMB Control documentation showing they meet the and providing information; adjust the No. 2060–0306, to the following following criteria: (1) Be recognized by existing ways to comply with any addresses: Sandy Farmer, U.S. the Federal government (CAA section previously applicable instructions and Environmental Protection Agency, 302(r)), (2) have an existing governing requirements; train personnel to be able Collection Strategies Division (Mail body, which carries out governmental to respond to a collection of Code 2822), 1200 Pennsylvania Avenue, duties (such as tax and police information; search data sources; NW., Washington, DC 20460–0001; and functions), (3) show that the complete and review the collection of to Office of Information and Regulatory management and protection of air information; and transmit or otherwise Affairs, Office of Management and resources applies within the exterior disclose the information. boundaries of the reservation or other Budget (OMB), Attention: Desk Officer Respondents/Affected Entities: All areas within the Tribe’s jurisdiction, for EPA, 725 17th Street, NW., 561 federally recognized Tribes. Washington, DC 20503. and (4) be reasonably expected to be capable of implementing all applicable Estimated Number of Respondents: FOR FURTHER INFORMATION OR A COPY: regulations. 22. Contact Sandy Farmer at EPA by phone In evaluating a Tribe’s demonstration at (202) 260–2740, by email at Frequency of Response: Once, at the of program implementation capability, time of application. [email protected], or EPA considers their management and download off the Internet at http:// technical skills by reviewing the Estimated Total Annual Hour Burden: www.epa.gov/icr and refer to EPA ICR following factors: (1) Tribe’s previous 293. No. 1676.02. For technical questions management experience, (2) existing Estimated Total Annualized Capital, about the ICR contact Hollis Hope at environmental or public health Operating/Maintenance Cost Burden: 0. EPA by phone at (202) 564–7434. programs administered, (3) Send comments on the Agency’s need SUPPLEMENTARY INFORMATION: mechanism(s) in place for carrying out for this information, the accuracy of the Title: Clean Air Act Tribal Authority the executive, legislative and judicial provided burden estimates, and any (OMB Control No. 2060–0306 ; EPA ICR functions of the Tribal government, (4) suggested methods for minimizing No. 1676.03.) expiring May 31, 2001. the relationship between regulated respondent burden, including through This is a request for an extension of the entities and regulating administrative the use of automated collection currently approved collection. agency, and (5) the technical and techniques to the addresses listed above. Abstract: This ICR requests clearance administrative capabilities of the staff. Please refer to EPA ICR No. 1676.03 and of EPA’s review and approval process Tribes with limited management and OMB Control No. 2060–0306 in any for determining Tribal eligibility to technical skills can also submit a plan correspondence. carry out the Clean Air Act (CAA). detailing steps for acquiring those skills. Tribes may choose to submit a CAA The TAR adopts EPA’s ‘‘streamlined’’ Dated: May 2, 2001. eligibility determination and a CAA eligibility review and approval process Oscar Morales, program application to EPA at the same for Tribes to implement CAA programs. Director, Collection Strategies Division. time for approval and EPA will review EPA will use this information to [FR Doc. 01–13841 Filed 5–31–01; 8:45 am] both submittals simultaneously. determine if a Tribe meets the statutory BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION by Superfund. This research will Estimated Total Annualized Capital, AGENCY evaluate ingestion by comparing the O&M Cost Burden: 0. amount of trace metals that are ingested Send comments on the Agency’s need [FRL–6988–9] in food with the amount of metals that for this information, the accuracy of the Agency Information Collection are excreted, any amount in excess of provided burden estimates, and any Activities: Submission for OMB the ingested trace metals is attributed to suggested methods for minimizing Review; Comment Request; Soil incidental soil ingestion. Because of the respondent burden, including through Ingestion Research Study possibility of trace metal ingestion from the use of automated collection a variety of sources (like food and techniques to the addresses listed above. AGENCY: Environmental Protection toothpaste), a questionnaire to identify Please refer to EPA ICR No. 1965.01 in Agency (EPA). and characterize sources of trace metals any correspondence. ACTION: Notice. that can affect daily variation in trace Dated: May 21, 2001. metals is an important part of the Oscar Morales, SUMMARY: In compliance with the experimental design of these studies. Director, Collection Strategies Division. Paperwork Reduction Act (44 U.S.C. About 20 study volunteers are paid and 3501 et seq.), this document announces are expected to participate in this study [FR Doc. 01–13842 Filed 5–31–01; 8:45 am] that the following Information for about two weeks. Each night the BILLING CODE 6560–50–P Collection Request (ICR) has been study participants would participate in forwarded to the Office of Management a questionnaire that will later be used to ENVIRONMENTAL PROTECTION and Budget (OMB) for review and help interpret daily variations in trace AGENCY approval: Soil Ingestion Research Study metals. (EPA ICR Number 1965.01). The ICR An agency may not conduct or [Region II Docket No. NJ45–222, FRL–6990– describes the nature of the information sponsor, and a person is not required to 3] collection and its expected burden and respond to, a collection of information cost; where appropriate, it includes the unless it displays a currently valid OMB Adequacy Status of the Submitted actual data collection instrument. control number. The OMB control 2002, 2005 and 2007 Rate of Progress DATES: Comments must be submitted on numbers for EPA’s regulations are listed and Updated Attainment or before July 2, 2001. in 40 CFR part 9 and 48 CFR chapter 15. Demonstration Budgets for the Ozone ADDRESSES: Send comments, referencing The Federal Register document National Ambient Air Quality EPA ICR No. 1965.01 to the following required under 5 CFR 1320.8(d), Standards for Transportation addresses: Sandy Farmer, U.S. soliciting comments on this collection Conformity Purposes for the New Environmental Protection Agency, of information was published on Jersey Severe Ozone Nonattainment Collection Strategies Division (Mail November 21, 2000 (65 FR 69936); no Areas Code 2822), 1200 Pennsylvania Avenue, written comments were received. AGENCY: Environmental Protection NW., Washington, DC 20460; and to Burden Statement: The annual public Agency (EPA). Office of Information and Regulatory reporting and record keeping burden for ACTION: Notice of adequacy. Affairs, Office of Management and this collection of information is Budget (OMB), Attention: Desk Officer estimated to average 5 minutes per SUMMARY: In this notice, EPA is for EPA, 725 17th Street, NW., response. Burden means the total time, notifying the public that we have found Washington, DC 20503. effort, or financial resources expended that the motor vehicle emissions FOR FURTHER INFORMATION CONTACT: For by persons to generate, maintain, retain, budgets for volatile organic compounds a copy of the ICR contact Sandy Farmer or disclose or provide information to or and nitrogen oxides in the submitted at EPA by phone at (202) 260–2740, by for a Federal agency. This includes the rate of progress state implementation E-mail at time needed to review instructions; plan (SIP) for the New Jersey severe [email protected], or develop, acquire, install, and utilize nonattainment areas to be adequate for download off the Internet at http:// technology and systems for the purposes conformity purposes. On March 2, 1999, www.epa.gov/icr and refer to EPA ICR of collecting, validating, and verifying the D.C. Circuit Court ruled that No. 1965.01. For technical questions information, processing and submitted state implementation plan about the ICR contact Larry J. Zaragoza maintaining information, and disclosing budgets cannot be used for conformity (703–603–8867). and providing information; adjust the determinations until EPA has SUPPLEMENTARY INFORMATION: Title: Soil existing ways to comply with any affirmatively found them adequate. As a Ingestion Research Study (EPA ICR No. previously applicable instructions and result of our finding, the New Jersey 1965.01). This is a new collection. requirements; train personnel to be able portions of the New York-New Jersey- Abstract: This ICR supports research to respond to a collection of Connecticut severe ozone to examine the amount of soil ingested. information; search data sources; nonattainment area can use the motor Soil is ingested in two ways, incidental complete and review the collection of vehicle emissions budgets of volatile ingestion from everyday hand to mouth information; and transmit or otherwise organic compounds and nitrogen oxides activity and ingestion resulting from disclose the information. for 2002, 2005 and 2007 from the inhaled particles of soil that are Respondents/Affected Entities: About submitted rate of progress SIP for future deposited in upper and middle 20 paid volunteers will be involved in conformity determinations. These respiratory tract and swallowed. The responding to this collection as part of budgets also apply to the Warren ingestion of soil is important because a paid research study. County marginal nonattainment area. contaminated soils from a hazardous Estimated Number of Respondents: 20 The New Jersey portions of the waste site poses risks to individuals responses. Philadelphia-Wilmington-Trenton exposed to contaminated soil. This Frequency of Response: Daily for 2 severe ozone nonattainment areas can research should help any environmental weeks. use the motor vehicle emissions budgets program concerned with contaminated Estimated Total Annual Hour Burden: of volatile organic compounds and soils but is specifically being sponsored 20 hours. nitrogen oxides for 2002 and 2005 from
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the submitted Rate of Progress SIP for We’ve described our process for ressonable alternatives, impacts to future conformity determinations. These determining the adequacy of submitted groundwater resources, air quality budgets also apply to the Atlantic City SIP budgets in guidance (May 14, 1999 impacts, and endangered species act moderate ozone nonattainment area. memo titled ‘‘Conformity Guidance on compliance. DATES: This finding is effective June 18, Implementation of March 2, 1999 ERP No. D–BOP–G81010–LA Rating 2001. Conformity Court Decision’’). We LO, Pollock Federal Correctional followed this guidance in making our Institution, Construction and Operation, FOR FURTHER INFORMATION CONTACT: adequacy determination. near Town of Pollock, Grant Parish, LA. Melanie A. Zeman, Mobile Source Team, Air Programs Branch, Authority: 42 U.S.C. 7401 et seq. Summary Environmental Protection Agency, 290 Dated: May 23, 2001. EPA expressed no objection to the Broadway, 25th Floor, New York, New Kathleen C. Callahan, project proposal. York 10007–1866, (212) 637–4022, e- Acting Regional Administrator Region 2. ERP No. D–BOP–K80043–AZ Rating mail address: [email protected]. [FR Doc. 01–13780 Filed 5–31–01; 8:45 am] EC2, Southern Arizona Federal The finding and the response to BILLING CODE 6560–50–U Correctional Facility, Construction and comments will be available at EPA’s Operation, Pima and Yuma Counties, conformity website: http:// AZ. www.epa.gov/oms/traq, (once there, ENVIRONMENTAL PROTECTION click on the ‘‘Conformity’’ button, then AGENCY Summary look for ‘‘Adequacy Review of SIP EPA expressed concerns regarding the [ER–FRL–6618–6] Submissions for Conformity’’). lack of detail relating to specific site SUPPLEMENTARY INFORMATION: Environmental Impact Statements and location information and potential Regulations; Availability of EPA impacts of the prison industry Background Comments component of the project. EPA Today’s notice is simply an requested additional information on announcement of a finding that we have Availability of EPA comments those areas, and also requested already made. EPA Region 2 sent a letter prepared pursuant to the Environmental additional analysis of the ‘‘no action’ to the New Jersey Department of Review alternative. Environmental Protection on May 23, Process (ERP), under Section 309 of ERP No. D–IBR–J39029–SD Rating 2001 stating that the motor vehicle the Clean Air Act and Section 102(2)(c) EC2, Angostura Unit—(Dam, Reservoir emissions budgets in the submitted rate of the National Environmental Policy and Irrigation Facilities) Renewal of a of progress plan (dated April 11, 2001) Act as amended. Requests for copies of Long-Term Water Service Contract, for the New Jersey portions of the New EPA comments can be directed to the Cheyenne River Basin, Pine Ridge York-New Jersey-Connecticut and Office of Federal Activities at (202) 564– Reservation, Bismarck County, SD. 7167. An explanation of the ratings Philadelphia-Wilmington-Trenton Summary severe nonattainment areas are adequate assigned to draft environmental impact for conformity purposes. This finding statements (EISs) was published in FR EPA expressed environmental will also be announced on EPA’s dated April 14, 2000 (65 FR 20157). concerns over the level of analysis of direct and indirect impacts, and the lack conformity website: http:// Draft EISs www.epa.gov/oms/traq, (once there, of information regarding the cumulative ERP No. D–AFS–G36152–NM Rating click on the ‘‘Conformity’’ button, then effects of the Angostura project and the LO, Santa Fe National Forest, Santa Fe look for ‘‘Adequacy Review of SIP means to mitigate the significant Municipal Watershed Project, Servere Submissions for Conformity’’). impacts of each alternative. Crown Fire Reduction and Sustainable Transportation conformity is required Forest and Watershed Conditions Final EISs by section 176(c) of the Clean Air Act. Restoration, Implementation, Pecos ERP No. F–AFS–K61145–CA EPA’s conformity rule requires that Wilderness to Cochitti Lake, Santa Fe Programmatic EIS—Ansel Adams, John transportation plans, programs, and National Forest, Santa Fe County, NM. Muir and Dinkey Lakes Wildernesses, projects conform to state air quality Proposed New Management Direction, Summary implementation plans (SIPs) and Amending the Land and Resource establishes the criteria and procedures EPA has no objections to the selection Management Plans for the Inyo and for determining whether or not they do. of the preferred alternative. Sierra National Forests, Implementation, Conformity to a SIP means that ERP No. D–BIA–K60031–NV Rating Inyo, Madera, Mono and Fresno transportation activities will not EC2, Moapa Paiute Energy Center/ Counties, CA. produce new air quality violations, Associated Facilities Construction, worsen existing violations, or delay Operation and Maintenance of a 760- Summary timely attainment of the national Megawatt (MW) Baseload Natural Gas- No formal comment letter was sent to ambient air quality standards. Fired Combined Cycle Power Plant, the preparing agency. The criteria by which we determine Land Lease and Water Use Approval, R– ERP No. F–IBR–L28008–ID Arrowrock whether a SIP’s motor vehicle emission O–W Grants, Temporary Use, COE Dam Outlet Works Rehabilitation, budgets are adequate for conformity Section 10/404 and EPA NPDES Construction and Operation, To Remove purposes are outlined in 40 CFR Permits, Moapa River Indian 10 Lower Level Ensign Valves and 93.118(e)(4). Please note that an Reservation and BLM Lands, Clark Replace with 10 Clamshell Gates, Boise adequacy review is separate from EPA’s County, NY. River, City of Boise, ID. completeness review, and it also should not be used to prejudge EPA’s ultimate Summary Summary approval of the SIP. Even if we find a EPA expressed concerns, and EPA is pleased that the final EIS budget adequate, the SIP could later be requested additional information includes a modification from the draft disapproved. regarding: lack of evaluation for EIS which reduces the likelihood of
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significant impacts to water quality and EIS No. 010186, FINAL EIS, AFS, MT, July 20, 2001, Contact: Michon fish. However, EPA continues to have Maudlow-Toston Post-Fire Salvage Washington (202) 267–9305. objections because the final EIS does not Sale, Harvesting Burnt Timber, Dated: May 29, 2001. clearly state how much the modification Implementation, Helena National Ken Mittelholtz, would reduce the potential for turbidity Forest, Townsend Ranger District, and lacks a quantitative estimate of Environmental Protection Specialist, Office Broadway County, MT, Wait Period of Federal Activities. suspended solids, new information Ending: July 02, 2001, Contact: Jerry [FR Doc. 01–13830 Filed 5–31–01; 8:45 am] about monitoring and mitigation, and a Meyer (406) 449–5201. greater description of environmental EIS No. 010187, DRAFT EIS, USA, TX, BILLING CODE 6560–50–P impacts and alternatives analyses. Programmatic EIS—Fort Sam ERP No. F–JUS–K81010–AZ Pinal Houston, Camp Bullis, and Canyon ENVIRONMENTAL PROTECTION County Private Detention Facility, To Lake Recreation Area Master Plan, AGENCY Develop and Operate a Pre-Trail Implementing Revisions to the Detention Facility, Pinal County, CA. Existing 1988 Land Use Plan, City of [OPP–00722; FRL–6786–8] Summary San Antonio, TX, Comment Period Ending: July 16, 2001, Contact: Greg Meeting on Consumer Awareness No formal comment letter was sent to Brewer (793) 692–9220. Program for Chromated Copper the preparing agency. EIS No. 010188, DRAFT EIS, AFS, MT, Arsenicals--Treated Wood; Notice of Public Meeting Regulations Burned Area Recovery, Proposal to ERP No. R–BLM–A99217–00 43 CFR Reduce Fuels, Improve Watershed AGENCY: Environmental Protection Subpart 3809—Surface Management Conditions and Reforest Burned Agency (EPA). Regulations for Locatable Mineral Lands, Sula, Darby, West Fork and ACTION: Notice of public meeting. Operations; Proposed Suspension. Stevensville Ranger Districts, Bitterroot National Forest, Ravalli SUMMARY: EPA is announcing a June 7th Summary County, MT, Comment Period Ending: meeting which will focus on the EPA expressed concern that the July 16, 2001, Contact: Craig Bobzien Consumer Awareness Program and a bonding and financial assurance (406) 363–7100. new proposed action plan developed by requirements be adequate to ensure that EIS No. 010189, FINAL EIS, AFS, OR, the Chromated Copper Arsenicals states and the federal government are South Bend Weigh and Safety Station (CCA)-treated wood industry to not required to pay reclamation and Establishment, Special Use Permit for strengthen dissemination of information clean up costs for abandoned mine sites. Construction, Maintenance and regarding proper consumer use and EPA recommends that the financial Operation, Deschute National Forest handling precautions to all purchasers assurance requirements in the current Lands along US 97 near the Newberry and users of CCA-treated wood regulation not be suspended but be National Volcanic Monument, products. This meeting is a follow-up to contined. Deschutes County, OR, Wait Period two meetings held on May 9, 2001, Ending: July 02, 2001, Contact: Chris concerning the consumer awareness Dated: May 29, 2001. Mickle (541) 383–4769. program for dissemination of Ken Mittelholtz, EIS No. 010190, FINAL EIS, BLM, UT, information to consumers on the proper Environmental Protection Specialist, Office CO, NM, Williams, Questar, Kern use and handling of CCA-treated wood of Federal Activities. River Pipeline Project, To Approve a products. The first meeting was between [FR Doc. 01–13829 Filed 5–31–01; 8:45 am] Petroleum Products Pipeline, and one the Agency and public interest groups BILLING CODE 6560–50–P or two Natural Gas Pipelines and To (Beyond Pesticides and Environmental Amend Forest Plan, UT, NM, and CO, Working Group), while representatives of the American Wood Preservers ENVIRONMENTAL PROTECTION Wait Period Ending: July 02, 2001, Institute, Home Depot, Lowe’s, the AGENCY Contact: LaVerne Steah (801) 539– 4114. National Lumber and Building Materials [ER–FRL–6618–5] EIS No. 010191, FINAL EIS, AFS, MN, Dealers Association, and the Boundary Waters Canoe Area manufacturers of CCA attended the Environmental Impact Statements; Wilderness Fuel Treatment, second meeting. A representative from Notice of Availability Implementation, Superior National the University of Florida and the Florida Responsible Agency: Office of Federal Forest, Cook, Lake and St. Louis, MN, Department of Agriculture were also in Activities, General Information (202) Wait Period Ending: July 02, 2001, attendance at both meetings. The 564–7167 OR www.epa.gov/oeca/ofa Contact: Joyce Thompson (218) 626– purpose of the May 9th meetings was to Weekly receipt of Environmental Impact 4317. evaluate current efforts for informing Statements EIS No. 010192, DRAFT EIS, BPA, OR, the public about the safe use and Filed May 21, 2001 Through May 25, Condon Wind Project, To Execute handling of CCA-treated wood. 2001 One or More Power Purchase and DATES: The meeting will be held on Pursuant to 40 CFR 1506.9. Transmission Services Agreements To Thursday, June 7, 2001, from 9 a.m. to EIS No. 010175, DRAFT EIS, AFS, ID, Acquire and Transmit up to the Full 11 a.m. Hidden Cedar Project, Road Electrical Output, NPDES Permits and Requests to participate in the meeting Construction and Watershed Right-of-Way Permit for Public Land, must be received by EPA on or before Restoration, Idaho Panhandle Gilliam County, OR, Comment Period June 6, 2001. National Forest, St. Joe Ranger Ending: July 16, 2001, Contact: Sarah ADDRESSES: The meeting will be held at District, Benewah, Shoshone, T. Branum (503) 230–5115. the Hilton Crystal City, 2399 Jefferson Clearwater and Latah Counties, ID, EIS No. 010193, FINAL EIS, FAA, Davis Hwy., Arlington, VA. Comment Period Ending: July 16, Programmatic EIS-Licensing Launch Requests to participate in this meeting 2001, Contact: Kimberly Johnson Vehicles, Implementation, Issuing a may be submitted by mail, (208) 245–6072. Launch License, Wait Period Ending: electronically, or in person. Please
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follow the detailed instructions for each Division, Office of Pesticide Programs ENVIRONMENTAL PROTECTION method as provided in Unit III. of the (OPP), Environmental Protection AGENCY SUPPLEMENTARY INFORMATION. Agency, Rm. 119, CM #2, 1921 Jefferson [FRL–6988–6] FOR FURTHER INFORMATION CONTACT: Davis Hwy., Arlington, VA. The PIRIB is Connie Welch, Chief, Regulatory open from 8:30 a.m. to 4 p.m., Monday Extension of Comment Period for the Management Branch II, Antimicrobials through Friday, excluding legal Preliminary Administrative Division, Office of Pesticide Programs holidays. The telephone number for the Determination Document on the (7510C), Environmental Protection PIRIB is (703) 305–5805. Question of Whether Ferric Agency, 1200 Pennsylvania Ave., NW., Ferrocyanide Is One of the ‘‘Cyanides’’ III. How Can I Request To Participate Washington, DC 20460; telephone Within the Meaning of the List of Toxic in this Meeting? number: (703) 308–8218; e-mail address: Pollutants Under the Clean Water Act [email protected]. You may submit a request to AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: participate in this meeting through the Agency (EPA). mail, in person, or electronically. Do not I. Does this Notice Apply to Me? ACTION: submit any information in your request Notice; extension of comment period. This action is directed to the public that is considered CBI. Your request in general. This action may, however, be must be received by EPA on or before SUMMARY: The comment period for the of interest to all stakeholders interested Wednesday, June 6, 2001. To ensure preliminary administrative in pressure-treated wood. Participants proper receipt by EPA, it is imperative determination document on the may include environmental/public that you identify docket control number question of whether ferric ferrocyanide interest and consumer groups; industry OPPTS–00722 in the subject line on the is one of the ‘‘cyanides’’ within the and trade associations; wood first page of your request. meaning of the list of toxic pollutants preservative users; Federal, State and under the Clean Water Act was local governments; and the general 1. By mail. You may submit a written scheduled to end on June 10, 2001. The public. Since other entities may also be request to: Public Information and comment period will now end 30 days interested, the Agency has not Records Integrity Branch (PIRIB), later on July 10, 2001. The notice attempted to describe all the specific Information Resources and Services announcing document availability was entities that may be affected by this Division (7502C), Office of Pesticide published in the Federal Register on action. If you have any questions Programs (OPP), Environmental January 25, 2001 (66 FR 7759). A notice regarding the applicability of this action Protection Agency, 1200 Pennsylvania reopening the comment period until to a particular entity, consult the person Ave., NW., Washington, DC 20460. June 10, 2001 was published in the listed under FOR FURTHER INFORMATION 2. In person or by courier. You may Federal Register on March 13, 2001 (66 CONTACT. deliver a written request to: Public FR 14581). Information and Records Integrity II. How Can I Get Additional DATES: Comments will be accepted Branch (PIRIB), Information Resources Information, Including Copies of this through July 10, 2001. Document or Other Related Documents? and Services Division, Office of Pesticide Programs (OPP), ADDRESSES: Send written comments to 1. Electronically. You may obtain Environmental Protection Agency, Rm. ‘‘Ferric Ferrocyanide; Preliminary electronic copies of this document, and 119, CM #2, 1921 Jefferson Davis Hwy., Administrative Determination’’ certain other related documents that Arlington, VA. The PIRIB is open from Comment Clerk (W–00–24); Water might be available electronically, from 8:30 a.m. to 4 p.m., Monday through Docket (4101); U. S. Environmental the EPA Internet Home Page at http:// Protection Agency; Ariel Rios Building; Friday, excluding legal holidays. The www.epa.gov/. To access this 1200 Pennsylvania Avenue, NW., telephone number for the PIRIB is (703) document, on the Home Page select Washington, DC 20460. Hand deliveries 305–5805. ‘‘Laws and Regulations,’’ ‘‘Regulations should be delivered to: EPA’s Water and Proposed Rules,’’ and then look up 3. Electronically. You may submit Docket at 401 M Street, SW., East Tower the entry for this document under the your request electronically by e-mail to: Basement (Room EB 57), Washington, ‘‘Federal Register--Environmental ‘‘[email protected]’’. Do not submit DC 20460. If you wish to hand-deliver Documents.’’ You can also go directly to any information electronically that you your comments, please call (202) 260– the Federal Register listings at http:// consider to be CBI. Use Wordperfect 8.0 3027 between 9 a.m. and 4 p.m., www.epa.gov/fedrgstr/. or ASCII file format and avoid the use Monday through Friday, excluding 2. In person. The Agency has of special characters and any form of Federal holidays, to obtain the room established an official record for this encryption. All comments in electronic location for the Docket. Commenters are meeting under docket control number form must be identified by docket requested to submit any references cited OPPTS–00722. The official record control number OPPTS–00722. You may in their comments. Commenters also are consists of the documents specifically also file a request online at many requested to submit an original and referenced in this notice and other Federal Depository Libraries. three copies of their written comments information related to the ‘‘Meetings on and enclosures. Commenters that want CCA-Treated Wood and the Consumer List of Subjects a confirmed receipt of their comments Awareness Program.’’ This record Environmental protection, Pesticides. should include a self-addressed, includes the documents that are stamped envelope. All comments must physically located in the docket, as well Dated: May 23, 2001. be postmarked or delivered by hand. No as the documents that are referenced in Frank Sanders, facsimiles (faxes) will be accepted. those documents. The public version of Comments also may be submitted Director, Antimicrobials Division, Office of the official record is available for Pesticide Programs. electronically to: [email protected]. inspection in the Public Information Electronic comments must be submitted and Records Integrity Branch (PIRIB), [FR Doc. 01–13840 Filed 5–29–01 4:36 pm] as a Word Perfect for Windows 5/6/7/8 Information Resources and Services BILLING CODE 6560–50–S file or an ASCII file, avoiding the use of
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special characters and any form of ENVIRONMENTAL PROTECTION Agenda: This meeting will include a encryption. Comments and data also AGENCY discussion on developments in private will be accepted on disks in Word sector finance. Perfect 5/6/7/8 or ASCII file format. [FRL–6988–8] Public Participation: The meeting will Electronic comments on this notice may be open to public participation, and the be filed online at many Federal Standard Auto Bumper Superfund Site; last 10 minutes will be set aside for oral Depository Libraries. All electronic Notice of Proposed Settlement questions or comments. Members of the public may also file written statement(s) comments must be identified by docket AGENCY: Environmental Protection before or after the meeting. If any person number. Electronic comments will be Agency (EPA). transferred into a paper version for the wishes auxiliary aids (such as a sign ACTION: Notice of proposed settlement. official record. EPA will attempt to language interpreter) or other special accommodations, please contact, prior clarify electronic comments if there is SUMMARY: The United States to November 3, 2000, Nichole Westin, an apparent error in transmission. Environmental Protection Agency is Room 1257, 811 Vermont Avenue, NW., proposing to enter into a settlement A docket for this preliminary Washington, DC 20571, Voice: (202) with the Florida East Coast Railway administrative determination has been 565–3542 or TDD (202) 565–3377. Company for past response costs established under docket number W– Further Information: For further pursuant to section 122(h)(1) of the 00–24. A copy of the supporting information, contact Nichole Westin, Comprehensive Environmental documents cited in this document are Room 1257, 811 Vermont Ave., NW., Response, Compensation, and Liability available for review at EPA’s Water Washington, DC 20571, (202) 565–3542. Docket. These documents are available Act (CERCLA), 42 U.S.C. 9622(h)(1) for inspection from 9 a.m. to 4 p.m. EST, concerning the Standard Auto Bumper John M. Niehuss, Monday through Friday, excluding Superfund Site located in Hialeah, Dade General Counsel. County, Florida. EPA will consider Federal holidays at EPA’s Water Docket, [FR Doc. 01–13767 Filed 5–31–01; 8:45 am] public comments on the proposed 401 M Street SW., East Tower Basement BILLING CODE 6690–01–M settlement for thirty (30) days. EPA may (Room EB 57), Washington, DC 20460. withdraw from or modify the proposed For access to docket materials, please settlement should such comments call (202) 260–3027 to schedule an FEDERAL COMMUNICATIONS disclose facts or considerations which COMMISSION appointment. indicate the proposed settlement is [MM Docket No. 95–31; FCC 01–64] FOR FURTHER INFORMATION CONTACT: For inappropriate, improper or inadequate. further information and to request a Copies of the proposed settlement are available from: Ms. Paula V. Batchelor, Reexamination of Comparative copy of the administrative Standards for Noncommercial determination, contact Dr. Maria U.S. EPA, Region 4 (WMD–CPS), 61 Forsyth Street SW, Atlanta, Georgia Educational Applicants Gomez-Taylor, USEPA, Engineering and 30303, (404) 562–8887. Analysis Division (4303), Office of AGENCY: Federal Communications Written comments may be submitted Science and Technology, Ariel Rios Commission to Ms. Bachelor within 30 calendar days Building, 1200 Pennsylvania Avenue, ACTION: Notice. of the date of this publication. NW., Washington, DC 20460; or call SUMMARY: The Commission announced (202) 260–1639; or fax (202) 260–7185; Dated: May 9, 2001. in a document that it would require or e-mail [email protected]. Franklin E. Hill, Chief, CERCA Program Services Branch, pending reserved channel SUPPLEMENTARY INFORMATION: On Waste Management Division. noncommercial educational (‘‘NCE’’) January 25, 2001, EPA published in the [FR Doc. 01–13843 Filed 5–31–01; 8:45 am] broadcast applicants in closed mutually exclusive groups to file point Federal Register (66 FR 7759) a notice BILLING CODE 6560–50–P announcing availability of the supplements or settlements by a preliminary administrative ‘‘supplement date’’ which would be determination document and a public announced by public notice. The comment period that was scheduled to EXPORT–IMPORT BANK OF THE ‘‘supplement date’’ would also serve as end on March 12, 2001. EPA received UNITED STATES the ‘‘snap shot’’ date for determining the requests for additional time to provide applicant’s maximum comparative comments. EPA reopened the comment Notice of Open Special Meeting of the position. On March 22, 2001 the period for an additional 90 days on Advisory Committee of the Export- Commission’s Mass Media Bureau March 13, 2001 (66 FR 14581). Recently, Import Bank of the United States issued a public notice announcing a EPA received another request for an (Export-Import Bank) ‘‘supplement date’’ of June 4, 2001. Affected applicants filing neither a additional 30 days to comment on the Summary: The Advisory Committee preliminary administrative settlement nor a supplement by June 4, was established by Pub. L. 98–181, 2001 will be dismissed. determination document. This action November 30, 1983, to advise the extends the comment period for an Export-Import Bank on its programs and DATES: Settlements and supplements additional 30 days, from June 10, 2001 to provide comments for inclusion in must be filed with the Commission by to July 10, 2001, for a total of five-and- the reports of the Export-Import Bank of June 4, 2001. a-half months. the United States to Congress. ADDRESSES: Federal Communications Commission, Mass Media Bureau, Dated: May 23, 2001. Time and Place: Tuesday, June 19, 2001, at 9:30 a.m. to 12:30 p.m. The Audio Services Division, 445 12th Diane C. Regas, meeting will be held at the Export- Street, SW., Washington, DC 20554. Acting Assistant Administrator for Water. Import Bank in Room 1143, 811 FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–13844 Filed 5–31–01; 8:45 am] Vermont Avenue, NW., Washington, DC Irene Bleiweiss (legal) or Edward P. De BILLING CODE 6560–50–U 20571. La Hunt (engineering). (202) 418–2700,
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Internet addresses: [email protected] and The MO&O established actions that resolves all applications in the mutually [email protected]. closed group applicants must take by a exclusive group. A technical solution is ‘‘supplement date’’, which we hereby one in which an applicant removes SUPPLEMENTARY INFORMATION: This announce will be June 4, 2001, itself from the group to achieve a grant public notice was issued on March 22, approximately 45 days after the rule by making minor engineering changes to 2001. The public notice is also available clarifications become effective. On or its own application, without affecting during normal business hours in the before June 4, 2001 pending closed the viability of any of the other FCC Reference Center (Room CY–A257), group applicants must file either a applicants to compete for a second 445 12th Street, SW., Washington, DC, settlement (which can exceed the station. We will not entertain partial and also may be purchased from the monetary settlement caps set forth in 47 settlements. If a settlement involves Commission’s copy contractor, CFR 73.3525(a)(3)) or a supplement more than one group, the settlement International Transcription Service, claiming the points to which they are must be consistent with these guidelines (202) 857–3800, 1231 20th Street, NW., entitled under the new rules. Those and must resolve all groups. We refer Washington, DC 20036. It also appears filing neither a settlement agreement nor applicants to paragraph 98 of the MO&O on the internet at www.fcc.gov in the a supplement claiming points by June 4, for more information about settlements. headlines section. This public notice is 2001 will be dismissed. a follow up to a Memorandum Opinion We recommend that all affected Supplements and Order published in the Federal applicants obtain a copy of the MO&O, Applicants not filing qualifying Register, 66 FR 15353, March 19, 2001. which is available on our internet home settlements must file supplements to Supplements and Settlements to page www.fcc.gov in the headlines provide information needed to compare Pending Closed Groups of section under the date ‘‘02/28/2001’’. mutually exclusive applications. We Noncommercial Educational Broadcast Mutually exclusive applicants listed in will be unable to consider any pending Applications Due By June 4, 2001 Appendix D should contact each other ‘‘closed group’’ application that does to ascertain whether a settlement may not contain the new information. Thus Settlement Caps Waived Until June 4, now be possible, and if a settlement we will conclude that any applicant 2001; Abridged Forms 340 and 349 cannot be reached rapidly, applicants failing to file either a supplement or Released for Use in Claiming Points should prepare supplements to claim settlement on or before June 4, 2001 is points. Mutual exclusivity for radio no longer interested in obtaining a On February 28, 2001 the Commission groups may have changed as a result of permit and dismiss its application. Full affirmed and clarified its comparative the Commission’s decision in service FM and TV applicants will use selection policies for applicants seeking Streamlining of Radio Technical Rules, relevant sections of FCC Form 340 (June to build noncommercial educational MM Docket No. 98–93 (November 1, 2000 version or later) to submit (‘‘NCE’’) broadcast stations. 2000), and Appendix D does not reflect supplements. FM Translator applicants Memorandum Opinion and Order these changes. More specifically, in that will use relevant sections of FCC Form (‘‘MO&O’’), Reexamination of the proceeding the Commission adopted 349 to submit supplements. For the Comparative Standards for less preclusive second adjacent applicants’ convenience, we have Noncommercial Educational interference protection standards in produced abridged versions of these Applicants, MM Docket No. 95–31, FCC §§ 73.509 and 74.1204 of the forms, containing only the form sections 01–64 (February 28, 2001); summarized Commission’s rules to conform NCE FM and instructions needed to claim points. in 66 FR 15353 (March 19, 2001). Under and FM translator proposals to Applicants may use these abridged those policies, the Commission will commercial standards. Under the new ‘‘point supplements,’’ which are resolve conflicts among mutually rules, a station’s 100 dBu contour attached to this notice, to amend exclusive applications by use of a generally defines its second adjacent applications filed prior to adoption of ‘‘point system.’’ The Commission channel interfering contour. Radio the point system. These supplement directed the staff, for a limited period, applicants with second adjacent forms are also available via the internet to waive monetary limits to facilitate channel conflicts should determine at http://www.fcc.gov/formpage.html. settlements among existing groups of whether these rule changes eliminate For additional information about mutually exclusive applicants, and technical conflicts with any other claiming points, we refer applicants to finalized the process for selecting applications. Applicants seeking to the MO&O (especially paragraphs 28 among non-settling applicants. In this modify closed groups based on the new through 32 which identify the reference Public Notice, the Mass Media Bureau second adjacent channel interference dates applicants should use to provides additional information for standard should file engineering determine the number of points for applicants in the approximately 500 showings prominently labeled which they qualify and the limited pending NCE licensing proceedings ‘‘Showing Regarding Second Adjacent extent to which applicants may be able identified in Appendix D of the Channel’’ by the June 4, 2001 to enhance some of their points prior to Commission’s MO&O. Each of these supplement deadline. those dates). The applicant’s points as of groups is ‘‘closed;’’ i.e., the Commission the date it files its supplement (up to will not accept additional applications Settlements June 4, 2001) will establish its in any of the groups. We are aware of We will waive limitations on the maximum position for non-technical additional pending applications that are amount of consideration only for matters. With respect to technical not considered ‘‘closed,’’ and also of settlement agreements that are received matters, the applicant’s maximum applicants that want to file future at the Commission’s Office of the position will be established as of the applications to build noncommercial Secretary on or before June 4, 2001. earlier of the ‘‘B’’ cut-off date for the educational broadcast stations. We will Settlements may be filed immediately. closed group or April 21, 2000 (the date consider such applications and provide Two types of settlements will be of the Report and Order in this an opportunity for such applicants to acceptable: universal settlements for proceeding, if no ‘‘B’’ cut-off notice was claim points in the first relevant NCE both radio and television applicants and issued). The applicant will not gain any filing window, which we expect to open technical solutions in the case of radio points for enhancements made after the after resolving the ‘‘closed’’ groups. applicants only. A universal settlement relevant date(s). The applicant will,
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however, lose points for changes made reference room for inclusion in the Washington, DC offices of the after the relevant date(s) that detract application file. Commission, 800 North Capitol Street, from its proposal. With respect to Federal Communications Commission. NW., Room 940. Interested parties may population information, applicants Magalie Roman Salas, submit comments on an agreement to should use the 2000 Census, if available the Secretary, Federal Maritime Secretary. by June 4, 2001. Commission, Washington, DC 20573, [FR Doc. 01–13716 Filed 5–31–01; 8:45 am] within 10 days of the date this notice How To File BILLING CODE 6712–01–U appears in the Federal Register. We will accept point supplements for Agreement No.: 011666–001 applicants in closed groups beginning Title: West Coast North America/ on April 18, 2001 (the effective date of FEDERAL ELECTION COMMISSION Pacific Islands Vessel Sharing the rule clarifications in the MO&O) and Agreement ending on June 4, 2001. We are Sunshine Act Meetings Parties: currently accepting settlements, and CANCELLATION OF PREVIOUSLY ANNOUNCED Hamburg-Su¨ damerikanische will continue to accept settlements that MEETING: Tuesday, June 5, 2001, 10 a.m.; Dampfschifffahrts-Gesellschaft KG exceed expenses until June 4, 2001. It is Meeting closed to the public. Polynesia Line Ltd. important that applicants provide the Fesco Ocean Management Ltd. DATE & TIME: Thursday, June 7, 2001 to correct file number, city and state of the Synopsis: The proposed amendment follow the open meeting application being supplemented or corrects the name of Hamburg-Su¨ d and settled, so that we can associate the PLACE: 999 E Street, N.W., Washington, adds Fesco Ocean Management Ltd. as supplemental submissions with the DC an additional party. original application and the proper STATUS: This meeting will be closed to Agreement No.: 011737–002 mutually exclusive group. FM and FM the public. Title: The MCA Agreement translator applicants should also ITEMS TO BE DISCUSSED: Parties: include the ‘‘group number’’ that Compliance matters pursuant to 2 appears in Appendix D of the MO&O. Crowley Liner Services, Inc. U.S.C. § 437g. Electronic filing of these forms is not Cho Yang Shipping Co., Ltd. Audits conducted pursuant to 2 available, and thus applicants will CMA CGM S.A. U.S.C. § 437g, § 438(b), and Title 26, submit paper forms. Compania Chilena De Navegacion U.S.C. Interoceanica S.A. Mexican Line Applicants must file an original and Matters concerning participation in Limited. three copies of all point supplements, civil actions or proceedings or Lykes Lines Limited, LLC section 307(b) information, engineering arbitration. Tecmarine Lines, Inc. proposals to resolve mutual exclusivity, Internal personnel rules and Tropical Shipping & Construction Co., and/or settlement agreements on or procedures or matters affecting a Ltd. before June 4, 2001 with the particular employee. Allianca Navegacao E. Logistica Ltda. Commission’s Secretary, Magalie Roman DATE & TIME Hamburg-Su¨ damerikanische Salas, Office of the Secretary, Federal : Thursday, June 7, 2001 at Dampfschifffahrts-Gesellschaft Communications Commission, 445 10 a.m. Twelfth Street, SW., Room TW–A325, PLACE: 999 E Street, NW., Washington, Synopsis: The proposed amendment Washington, DC 20554. In addition, DC (ninth floor). adds Hamburg Sud, d.b.a. Columbus radio applicants can deliver a courtesy STATUS: This meeting will be open to Line and Crowley American Transport., copy to James Crutchfield, Audio the public. as a party to the agreement. Services Division, Room 2–B450. ITEMS TO BE DISCUSSED: Agreement No.: 011766 Applicants with multiple pending Correction and Approval of Minutes. Title: Contship/CMA CGM-Safmarine proposals must file separate Space Charter Agreement Draft Advisory Opinion 2001–07: The submissions for each station, with each Nuclear Management Company Political Parties: submission able to stand on its own. In Action Committee by George Aandahl. CMA CGM S.A. the case of universal settlements, it is Administrative Matters. Contship Containerlines Limited sufficient for applicants to file three Safmarine Container Lines NV copies for the settling group plus one PERSON TO CONTACT FOR INFORMATION: Synopsis: The proposed agreement additional copy for each settling station, Mr. Ron Harris. Press Officer, authorizes Contship and CMA CGM to rather than the usual three copies per Telephone: (202) 694–1220. charter space to Safmarine on vessels station. Mary W. Dove, operated pursuant to FMC Agreement Example: In a settlement of a group with Secretary of the Commission. No. 011692 in the trade between the four members, the settling applicants may [FR Doc. 01–13891 Filed 5–30–01; 10:30 am] U.S. Atlantic Coast and ports in India, submit 7 (3 + 4) copies of their joint × BILLING CODE 6715–01–M Sri Lanka, Southeast Asia from settlement, rather than 12 (3 4) copies. Bangladesh to the Philippines and Applicants will submit countries bordering on the Red and documentation of their point claims to FEDERAL MARITIME COMMISSION Mediterranean Seas. the Commission and to a locally Dated: May 25, 2001. available public file. An applicant Notice of Agreement(s) Filed satisfies its certification that it has By order of the Federal Maritime submitted documentation to the The Commission hereby gives notice Commission. Commission by attaching that of the filing of the following Bryant L. VanBrakle, documentation to its supplement or by agreement(s) under the Shipping Act of Secretary. concurrently submitting the 1984. Interested parties can review or [FR Doc. 01–13698 Filed 5–31–01; 8:45 am] documentation to the Commission’s obtain copies of agreements at the BILLING CODE 6730–01–P
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FEDERAL MARITIME COMMISSION The full text of the Order may be Terrace, Ridgefield, NJ 07657. viewed on the Commission’s home page Officers: Young Joo Shin, President [Fact Finding Investigation No. 24] at http://www.fmc.gov, or at the Office (Qualifying Individual), Hae Sook Exclusive Tug Arrangements in Florida of the Secretary, Room 1046, 800 N. Lee, Chairman Ports; Order of Investigation Capitol Street, NW, Washington, DC. Ocean Freight Forwarder—Ocean Transportation Intermediary Bryant L. VanBrakle, Notice is given that on May 24, 2001, Applicants: the Federal Maritime Commission Secretary. Malvazia Co. d/b/a Advanced Cargo, (‘‘Commission’’) issued an Order [FR Doc. 01–13699 Filed 5–31–01; 8:45 am] 2535 Seaboard Coastline Drive, instituting a nonadjudicatory BILLING CODE 6730–01–P Savannah, GA 31401. Officers: investigation of exclusive tug Patrice A. Kiley, Secretary arrangements in Port Canaveral, Florida (Qualifying Individual), Stefanos and Port Everglades, Florida. The Order FEDERAL MARITIME COMMISSION Vassilakos, President was issued pursuant to sections 10, 11, 12 and 15 of the Shipping Act of 1984, Ocean Transportation Intermediary Dated: May 25, 2001. 46 U.S.C. app. 1709, 1710, 1711 and License Applicants Bryant L. VanBrakle, Secretary. 1714, and part 502, Subpart R of Title Notice is hereby given that the 46 of the Code of Federal Regulations, following applicants have filed with the [FR Doc. 01–13701 Filed 5–31–01; 8:45 am] 46 CFR 502.281, et seq. The purpose of Federal Maritime Commission an BILLING CODE 6730–01–P the investigation is to gather facts application for licenses as Non-Vessel relating to the practices of the Canaveral Operating Common Carrier and Ocean FEDERAL MARITIME COMMISSION Port Authority and the Port Everglades Freight Forwarder—Ocean Department/Broward County Board of Transportation Intermediary pursuant to County Commissioners concerning Ocean Transportation Intermediary section 19 of the Shipping Act of 1984 License exclusive tug arrangements in their as amended (46 U.S.C. app. 1718 and 46 respective ports. CFR 515). The Commission gives notice that it Commissioner Antony M. Merck is Persons knowing of any reason why has requested that the parties to the the proceeding’s Investigative Officer. the following applicants should not below listed agreement provide The Commission’s Order directs the receive a license are requested to additional information pursuant to development of a record on possible contact the Office of Transportation section 6(d) of the Shipping Act of 1984, harm caused by tug monopolies at these Intermediaries, Federal Maritime 46 U.S.C. app. §§ 1701 et seq. The ports and the factors which may be Commission, Washington, DC 20573. Commission has determined that further offered as justification for either or both information is necessary to evaluate the of the respective port’s actions in Non-Vessel Operating Common Carrier proposed agreement. This action preventing competition for tug services. Ocean Transportation Intermediary prevents the agreement from becoming A report is to be submitted to the Applicants: effective as originally scheduled. Commission no later than 180 days of Cargo Care, Inc., 1300C South Finley the publication of this Notice in the Road, Suite 104, Lombard, IL Agreement No.: 011760. Federal Register, and interim reports if 60148. Officers: Thomas S. Fornell, Title: Discovery Cruise Line/Seaboard it appears that more immediate President (Qualifying Individual), Space Charter and Sailing Agreement. Commission action is necessary. The Olaf Sodemann, Vice President Parties: report should include recommendations Deltamax Freight System Corporation, Discovery Cruise Line for any further Commission action, 10834 S. La Cienega Blvd., Seaboard Marine, Ltd. including any formal adjudicatory, Inglewood, CA 90304. Officers: Jack Dated: May 25, 2001. Y.M. Kao, President/Managing injunctive or rulemaking proceedings, By order of the Federal Maritime warranted by the factual record Director (Qualifying Individual), Commission. Yoke Liu, Vice President developed in the proceeding. The Bryant L. VanBrakle, S&T Shipping, 810 Kangaroo Ct., Investigative Officer’s reports will Secretary. remain confidential unless and until the Deltona, FL 32738. Timothy A. Commission provides otherwise. Voit, Sole Proprietor [FR Doc. 01–13697 Filed 5–31–01; 8:45 am] The Investigative Officer has been Non-Vessel Operating Common Carrier BILLING CODE 6730–01–M authorized to hold public or non-public and Ocean Freight Forwarder— sessions, to resort to all compulsory Transportation Intermediary FEDERAL MARITIME COMMISSION process authorized by law (including Applicants: the issuance of subpoenas ad Venture Transport, Inc., 314 North Ocean Transportation Intermediary testificandum and duces tecum), to Post Oak Lane, Houston, TX 77024. License Reissuances administer oaths, to require reports, and Officers: Richard S. Higgins, Vice to perform such other duties as may be President (Qualifying Individual), Notice is hereby given that the necessary in accordance with the laws Ronnie Murphy, President following Ocean Transportation of the United States and the regulations Maraly International Corp., 7206 N.W. Intermediary licenses have been of the Commission. Interested persons 84th Avenue, Miami, FL 33166. reissued by the Federal Maritime are invited and encouraged to contact Officer: Robert Esquivel, President Commission pursuant to section 19 of the Investigative Officer at (202) 523– (Qualifying Individual) the Shipping Act of 1984, as amended 5712 (Phone), or (202) 523–0522 (Fax), Magellan Maritime Ltd., 391 Grand by the Ocean Shipping Reform Act of should they wish to provide testimony Avenue, Englewood, NJ 07631. 1998 (46 U.S.C. app. 1718) and the or evidence, or to contribute in any Officers: Michael Rubin, President regulations of the Commission other manner to the development of a (Qualifying Individual), Mona pertaining to the licensing of Ocean complete factual record in this Rubin, Vice President Transportation Intermediaries, 46 CFR proceeding. Pum Yank Logistics, Inc., 425 Victoria 515.
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License No. Name/address Date reissued
14323N ...... Hefco International, Inc. d/b/a Hefco International, d/b/a Sea Viper Shipping, March 29, 2001. 16725 Aldine Westfield, Houston, TX 77032. 4619NF ...... Amad Corporation d/b/a Amad Shipping, 7250 N.W. 35th Terrace, Miami, FL November 8, 2000. 33122.
Sandra L. Kusumoto, Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM Director, Bureau of Consumer Complaints (BHC Act), Regulation Y (12 CFR Part and Licensing. 225), and all other applicable statutes Notice of Proposals to Engage in [FR Doc. 01–13700 Filed 5–31–01; 8:45 am] and regulations to become a bank Permissible Nonbanking Activities or BILLING CODE 6730–01–P holding company and/or to acquire the to Acquire Companies that are assets or the ownership of, control of, or Engaged in Permissible Nonbanking the power to vote shares of a bank or Activities FEDERAL RESERVE SYSTEM bank holding company and all of the The companies listed in this notice banks and nonbanking companies have given notice under section 4 of the Change in Bank Control Notices; owned by the bank holding company, Bank Holding Company Act (12 U.S.C. Acquisition of Shares of Bank or Bank including the companies listed below. 1843) (BHC Act) and Regulation Y (12 Holding Companies The applications listed below, as well CFR Part 225) to engage de novo, or to The notificants listed below have as other related filings required by the acquire or control voting securities or applied under the Change in Bank Board, are available for immediate assets of a company, including the Control Act (12 U.S.C. 1817(j)) and inspection at the Federal Reserve Bank companies listed below, that engages § 225.41 of the Board’s Regulation Y (12 indicated. The application also will be either directly or through a subsidiary or other company, in a nonbanking activity CFR 225.41) to acquire a bank or bank available for inspection at the offices of that is listed in § 225.28 of Regulation Y holding company. The factors that are the Board of Governors. Interested (12 CFR 225.28) or that the Board has considered in acting on the notices are persons may express their views in set forth in paragraph 7 of the Act (12 determined by Order to be closely writing on the standards enumerated in U.S.C. 1817(j)(7)). related to banking and permissible for The notices are available for the BHC Act (12 U.S.C. 1842(c)). If the bank holding companies. Unless immediate inspection at the Federal proposal also involves the acquisition of otherwise noted, these activities will be Reserve Bank indicated. The notices a nonbanking company, the review also conducted throughout the United States. also will be available for inspection at includes whether the acquisition of the Each notice is available for inspection the office of the Board of Governors. nonbanking company complies with the at the Federal Reserve Bank indicated. Interested persons may express their standards in section 4 of the BHC Act The notice also will be available for views in writing to the Reserve Bank (12 U.S.C. 1843). Unless otherwise inspection at the offices of the Board of indicated for that notice or to the offices noted, nonbanking activities will be Governors. Interested persons may of the Board of Governors. Comments conducted throughout the United States. express their views in writing on the must be received not later than June 18, Additional information on all bank question whether the proposal complies 2001. holding companies may be obtained with the standards of section 4 of the A. Federal Reserve Bank of Dallas from the National Information Center BHC Act. Additional information on all (W. Arthur Tribble, Vice President) 2200 website at www.ffiec.gov/nic/. bank holding companies may be obtained from the National Information North Pearl Street, Dallas, Texas 75201– Unless otherwise noted, comments Center website at www.ffiec.gov/nic/. 2272: regarding each of these applications 1. Eugene J. Allen and Virginia Allen, Unless otherwise noted, comments must be received at the Reserve Bank both of Meridian, Texas, as co-trustees regarding the applications must be indicated or the offices of the Board of of the Eugene J. Allen and Virginia received at the Reserve Bank indicated Allen Living Trust; to acquire additional Governors not later than June 28, 2001. or the offices of the Board of Governors voting shares of Bosque Corporation, A. Federal Reserve Bank of Kansas not later than June 18, 2001. Meridian, Texas, and thereby indirectly City (D. Michael Manies, Assistant Vice A. Federal Reserve Bank of New acquire additional voting shares of President) 925 Grand Avenue, Kansas York (Betsy Buttrill White, Senior Vice Bosque County Bank, Meridian, Texas. City, Missouri 64198–0001: President) 33 Liberty Street, New York, New York 10045–0001: Board of Governors of the Federal Reserve 1. Millennium Bancorp, Inc., 1. Discount Bancorp, Inc., New York, System, May 29, 2001. Edwards, Colorado; to become a bank New York; to engage de novo through its Robert deV. Frierson, holding company by acquiring 100 subsidiary, IDB Mortgage Corp., New Associate Secretary of the Board. percent of the voting shares of York, New York, in residential mortgage [FR Doc. 01–13816 Filed 5–31–01; 8:45 am] Millennium Bank, Edwards, Colorado. lending activities, pursuant to §§ 225.28 BILLING CODE 6210–01–S Board of Governors of the Federal Reserve (b)(1) and (b)(2) of Regulation Y. System, May 29, 2001. 2. Dexia S.A., Brussels, Belgium; to acquire Artesia Mortgage Capital FEDERAL RESERVE SYSTEM Robert deV. Frierson, Associate Secretary of the Board. Corporation, Issaqua, Washington; Artesia Mortgage CMBS, Inc., Issaqua, Formations of, Acquisitions by, and [FR Doc. 01–13817 Filed 5–31–01; 8:45 am] Mergers of Bank Holding Companies Washington; Artesia Delaware Inc., BILLING CODE 6210–01–S Wilmington, Delaware; and Artesia The companies listed in this notice North America, Inc., Wilmington, have applied to the Board for approval, Delaware, and thereby engage in pursuant to the Bank Holding Company extending credit and servicing loans,
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pursuant to § 225.25(b)(1) of Regulation Protection Act and on other consumer- John Gamboa, Executive Director, The Y, activities related to extending credit, related matters. The Council by law Greenlining Institute, San pursuant to § 225.25(b)(2) of Regulation represents the interests both of Francisco, California. Y, and investment transactions as a consumers and of the financial services Willie Jones, Senior Vice President, principal in connection with its hedging industry (15 USC 1691(b)). Under the The Community Builders, Inc., activities, pursuant to § 225.25 (b)(8) of Rules of Organization and Procedure of Boston, Massachusetts. Regulation Y. the Consumer Advisory Council (12 Anne Li, Executive Director, New B. Federal Reserve Bank of Chicago CFR 267.3), members serve three-year Jersey Community Loan Fund, (Phillip Jackson, Applications Officer) terms that are staggered to provide the Trenton, New Jersey. 230 South LaSalle Street, Chicago, Council with continuity. Marta Ramos, Vice President and CRA Illinois 60690–1414: New members will be selected for Officer, Banco Popular de Puerto 1. Northview Financial Corporation, terms beginning January 1, 2002, to Rico, San Juan, Puerto Rico. Northfield, Illinois; to retain its interest replace members whose terms expire in Gary Washington, Senior Vice in Northview Mortgage L.L.C., December 2001; the Board expects to President, ABN AMRO, Chicago, Northfield, Illinois, and thereby engage announce its appointment of new Illinois. in extending credit and servicing loans, members by year-end. Nomination Robert Wynn, Financial Education pursuant to § 225.28 (b)(1) of Regulation letters should include a re´sume´ and Officer, Department of Financial Y. information about past and present Institutions, Madison, Wisconsin. positions held by the nominee; a Council members whose terms Board of Governors of the Federal Reserve System, May 29, 2001. description of special knowledge, continue through 2002 and 2003 are: interests or experience related to Anthony Abbate, President and Chief Robert deV. Frierson, community reinvestment, consumer Executive Officer, Interchange Associate Secretary of the Board. protection regulations, consumer credit, Bank, Saddle Brook, New Jersey. [FR Doc. 01–13815 Filed 5–31–01; 8:45 am] or other consumer financial services; Dorothy Broadman, Senior Vice BILLING CODE 6210–01–S and the full name, title, organization President, Cal Fed Bank, San name, organization description, current Francisco, California. address, telephone and fax numbers for Teresa A. Bryce, General Counsel, FEDERAL RESERVE SYSTEM both the nominee and the nominator. Nexstar Financial Corporation, St. Louis, Missouri. Consumer Advisory Council; Individuals may nominate themselves. The Board is interested in candidates Manuel Casanova, Executive Vice Solicitation of Nominations for who have familiarity with consumer President, International Bank of Membership financial services, community Commerce, Brownsville, Texas. AGENCY: Board of Governors of the reinvestment, and consumer protection Constance Chamberlin, President/ Federal Reserve System. regulations, and who are willing to CEO, Housing Opportunities Made ACTION: Notice. express their viewpoints. Candidates do Equal, Richmond, Virginia. not have to be experts on all levels of Robert Cheadle, Interim Executive SUMMARY: The Board is inviting the consumer financial services or Director, Oklahoma Indian Legal public to nominate qualified individuals community reinvestment, but they Services, Oklahoma City, for appointment to its Consumer should possess some basic knowledge of Oklahoma. Advisory Council, whose membership the area. They must be able and willing Lester Wm. Firstenberger, Deputy represents interests of consumers, to make the necessary time commitment General Counsel, American General communities, and the financial services to participate in conference calls, and Finance, Evansville, Indiana. industry. New members will be selected prepare for and attend meetings three Earl Jarolimek, Vice President/ for three-year terms that will begin in times a year (usually for two days, Corporate Compliance Officer, January 2002. The Board expects to including committee meetings), held at Community First Bankshares, announce the selection of new members the Board’s offices in Washington, D.C. Fargo, North Dakota. by year-end 2001. The Board pays travel expenses, Dean Keyes, Community and DATE: Nominations should be received lodging, and a nominal honorarium. Economic Development Consultant, by August 13, 2001. In making the appointments, the Dean Keyes Consulting, Tucson, Arizona. ADDRESSES: Nominations should be Board will seek to complement the Patrick Liddy, Director of submitted in writing and mailed (not background of continuing Council Compliance, Fifth Third Bancorp, sent by facsimile) to Sandra F. members in terms of affiliation and geographic representation, and to ensure Cincinnati, Ohio. Braunstein, Assistant Director, Division Oscar Marquis, Attorney, Hunton and of Consumer and Community Affairs, the representation of women and minority groups. The Board may Williams, Park Ridge, Illinois. Board of Governors of the Federal Jeremy Nowak, Chief Executive Reserve System, Washington, DC 20551. consider prior years’ nominees and does not limit consideration to individuals Officer, The Reinvestment Fund, FOR FURTHER INFORMATION CONTACT: Ann nominated by the public when making Philadelphia, Pennsylvania. Bistay, Secretary of the Council, its selection. Ronald Reiter, Supervising Deputy Division of Consumer and Community Council members whose terms end as Attorney General, California Affairs, (202) 452–6470, Board of of December 31, 2001, are: Department of Justice, San Governors of the Federal Reserve Lauren Anderson, Executive Director, Francisco, California. System, Washington, DC 20551. Neighborhood Housing Services, Elizabeth Renuart, Staff Attorney, SUPPLEMENTARY INFORMATION: The New Orleans, Louisiana. National Consumer Law Center, Consumer Advisory Council was Malcolm Bush, President, Woodstock Boston, Massachusetts. established in 1976 at the direction of Institute, Chicago, Illinois. Russell Schrader, Senior Vice the Congress to advise the Federal Mary Ellen Domeier, President, State President and Assistant General Reserve Board on the exercise of its Bank & Trust Company of New Counsel, Visa U.S.A., San duties under the Consumer Credit Ulm, New Ulm, Minnesota. Francisco, California.
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Frank Torres, Legislative Counsel, Federal Reserve System, Washington, Management and Budget (‘‘OMB’’) for Consumers Union, Washington, DC 20551. Information about this review, as required by the Paperwork District of Columbia. meeting may be obtained from Ms. Reduction Act (‘‘PRA’’). The FTC is Board of Governors of the Federal Reserve Bistay, 202–452–6470. seeking public comments on its proposal to extend through September System, May 29, 2001. Jennifer J. Johnson, 30, 2004 the current PRA clearance for Jennifer J. Johnson, Secretary of the Board. Secretary of the Board. information collection requirements [FR Doc. 01–13813 Filed 5–31–01; 8:45 am] contained in its Appliance Labeling [FR Doc. 01–13814 Filed 5–31–01; 8:45 am] BILLING CODE 6210–01–P Rule (‘‘Rule’’), promulgated pursuant to BILLING CODE 6210–01–P the Energy Policy and Conservation Act of 1975 (‘‘EPCA’’). The clearance expires FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM on September 30, 2001. Sunshine Act Meeting; Notice DATES: Comments must be submitted on Consumer Advisory Council or before July 31, 2001. AGENCY HOLDING THE MEETING: Board of ADDRESSES: Send written comments to: Notice of Meeting of Consumer Governors of the Federal Reserve Advisory Council Secretary, Federal Trade Commission, System. Room H–159, 600 Pennsylvania Ave., The Consumer Advisory Council will TIME AND DATE: 10 a.m., Wednesday, NW., Washington, DC 20580. All meet on Thursday, June 28, 2001. The June 6, 2001. comments should be identified as meeting, which will be open to public PLACE: Marriner S. Eccles Federal responding to this notice. observation, will take place at the Reserve Board Building, 20th and C FOR FURTHER INFORMATION CONTACT: Federal Reserve Board’s offices in Streets, NW., Washington, DC 20551. Requests for additional information or Washington, DC, in Dining Room E of STATUS: Closed. copies of the proposed information the Martin Building (Terrace level). The MATTERS TO BE CONSIDERED: collection requirements should be meeting will begin at 8:45 a.m. and is 1. Personnel actions (appointments, addressed to Hampton Newsome, expected to conclude at 1 p.m. The promotions, assignments, Attorney, Bureau of Consumer Martin Building is located on C Street, reassignments, and salary actions) Protection, Division of Enforcement, Northwest, between 20th and 21st involving individual Federal Reserve Room 4616, Federal Trade Commission, Streets. System employees. 600 Pennsylvania AVe., NW., The Council’s function is to advise 2. Any items carried forward from a Washington, DC 20580 (202–326–2889). the Board on the exercise of the Board’s previously announced meeting. SUPPLEMENTARY INFORMATION: responsibilities under the Consumer Under the CONTACT PERSON FOR MORE INFORMATION: Credit Protection Act and on other PRA (44 U.S.C. 3501–3520), Federal Michelle A. Smith, Assistant to the matters on which the Board seeks its agencies must obtain approval from Board; 202–452–3204. advice. Time permitting, the Council OMB for each collection of information will discuss the following topics: SUPPLEMENTARY INFORMATION: You may they conduct or sponsor. ‘‘Collection of E-Sign Act—Discussion of the Board’s call 202–452–3206 beginning at information’’ means agency requests or interim rules allowing electronic approximately 5 p.m. two business days requirements that members of the public delivery of disclosures required under before the meeting for a recorded submit reports, keep records, or provide certain consumer financial services announcement of bank and bank information to a third party. 44 U.S.C. laws. Discussion of statutory or holding company applications 3502(3) and 5 CFR 1320.3(c). As regulatory changes needed to facilitate scheduled for the meeting; or you may required by section 3506(c)(2)(A) of the online banking and lending. contact the Board’s Web site at http:// PRA, the FTC is providing this Truth in Lending Act—Discussion of www.federalreserve.gov for an opportunity for public comment before proposed amendments to Regulation Z electronic announcement that not only requesting that OMB extend the existing concerning the Home Ownership and lists applications, but also indicates paperwork clearance for the Rule (OMB Equity Protection Act. procedural and other information about Control Number 3084–0069). Community Reinvestment Act— the meeting. The FTC invites comments on: (1) Discussion of topics to be included in Dated: May 30, 2001. Whether the proposed collection of the 2002 review of Regulation BB which Robert deV. Frierson, information is necessary for the proper performance of the functions of the implements the Community Associate Secretary of the Board. agency, including whether the Reinvestment Act. [FR Doc. 01–13907 Filed 5–30–01; 11:19 am] Home Mortgage Disclosure Act— information will have practical utility; Discussion of the proposed changes to BILLING CODE 6210–01–P (2) the accuracy of the agency’s estimate Regulation C which implements the of the burden of the proposed collection Home Mortgage Disclosure Act. of information, including the validity of Committee Reports—Council FEDERAL TRADE COMMISSION the methodology and assumptions used; (3) ways to enhance the quality, utility, committees will report on their work. Agency Information Collection Other matters previously considered and clarity of the information to be Activities; Proposed Collection; by the Council or initiated by Council collected; and (4) ways to minimize the Comment Request; Extension members also may be discussed. burden of the collection of information Persons wishing to submit views to AGENCY: Federal Trade Commission on those who are to respond, including the Council regarding any of the above (‘‘FTC’’ or ‘‘Commission’’). through the use of appropriate topics may do so by sending written ACTION: Notice. automated, electronic, mechanical, or statements to Ann Bistay, Secretary of other technological collection the Consumer Advisory Council, SUMMARY: The proposed information techniques or other forms of information Division of Consumer and Community collection requirements described below technology, e.g., permitting electronic Affairs, Board of Governors of the will be submitted to the Office of submission of responses.
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The Appliance Labeling Rule (16 CFR Commission’s Rule include burdens for of units tested per model, and the time part 305) establishes testing, reporting, testing (338,292 hours); reporting (1,324 required to conduct the applicable test. recordkeeping, and labeling hours); recordkeeping (767 hours); Manufacturers need not subject each requirements for manufacturers of major labeling (101,333 hours); and retail basic model to testing annually; they household appliances (refrigerators, catalog disclosures (2,550 hours). The must retest only if the product design refrigerator-freezers, freezers, water total burden for these activities is changes in such a way as to affect heaters, clothes washers, dishwashers, 445,000 hours (rounded to the nearest energy consumption. Previously, staff room air conditioners, furnaces, central thousand). This estimate is lower than based its burden estimate on the air conditioners, heat pumps, pool previous estimates because of revised assumption that manufacturers heaters, certain lighting products, and assumptions regarding the number of generally test each model at least once certain plumbing products). The basic models subjected to FTC-required a year. Staff then conservatively requirements relate specifically to the testing each year (see discussion below). assumed that this annual testing meant disclosure of information relating to that all basic models were either The following estimates of the time energy consumption and water usage. replaced or subject to design changes needed to comply with the requirements The Rule’s testing and disclosure during the year that necessitated testing of the Rule are based on census data, requirements enable consumers under the Rule. Based on input from Department of Energy figures and purchasing appliances to compare the industry representatives for most estimates, general knowledge of energy use or efficiency of competing manufacturer categories, however, manufacturing practices, and industry models. In addition, EPCA and the Rule staff’s now believes that the frequency input and figures. Because compliance require manufacturers to submit with which models are tested every year relevant data to the Commission burden falls almost entirely on ranges roughly between 10% and 50% regarding energy or water usage in manufacturers and importers (with a de and that the actual percentage of basic connection with the products they minimis burden for retailers), burden models tested varies by appliance manufacture. The Commission uses this estimates are calculated on the basis of category. In addition, it is likely that data to compile ranges of comparability the number of domestic manufacturers only a small portion of the tests for covered appliances for publication and/or the number of units shipped conducted is attributable to the Rule’s in the Federal Register. These domestically in the various product requirements. Given the lack of specific submissions, along with required categories. data on this point, staff will records for testing data, may also be A. Testing conservatively assume that all of the used in enforcement actions involving tests conducted are attributable to the alleged misstatements on labels or in Under the Rule, manufacturers of Rule’s requirements and will use the advertisements. covered products must test each basic high end of the range noted above. model they produce to determine energy Accordingly, the burden estimates are Burden Statement usage (or, in the case of plumbing based on the assumption that 50% of all Estimated Annual Hours Burden: fixtures, water consumption). The basic models are tested annually. Thus, 445,000 hours. burden imposed by this requirement is the estimated testing burden for the The estimated hours burden imposed determined by the number of basic various categories of products covered by Section 324 of EPCA and the models produced, the average number by the Rule is as follows:
Percentage of Avg. number Total annual Category of manufacturer Number of models tested of units tested Hours per unit testing burden basic models (FTC required) per model tested hours
Refrigerators, Refrigerator-freezers, and Freezers ...... 3,075 50 2 4 12,300 Dishwashers ...... 393 50 2 1 393 Clothes washers ...... 500 50 2 2 1,000 Water heaters ...... 650 50 2 24 15,600 Room air conditioners ...... 1,092 50 2 8 8,736 Furnaces ...... 1,900 50 2 8 15,200 Central A/C ...... 1,270 50 2 24 30,480 Heat pumps ...... 903 50 2 72 65,016 Pool heaters ...... 250 50 2 12 3,000 Fluorescent lamp ballasts ...... 975 50 4 3 5,850 Lamp products ...... 2,100 50 12 14 176,400 Plumbing fixtures ...... 1,700 50 2 2 3,400 Plumbing fittings ...... 22,000 50 1 .0833 917
338,292
B. Reporting required to report on each model different product categories that use the manufactured, while others, such as latter methodology. Reporting burden estimates are based makers of fluorescent lamp ballasts and on information from industry Appliances, HVAC Appliances, HVAC lamp products, state that an estimated Equipment, and Pool Heaters representatives. Manufacturers of some number of annul burden hours by products, such as appliances and HVAC manufacturer is a more meaningful way Staff estimates that the average equipment (furnaces, boilers, central air to measure. The figures below reflect reporting burden for these conditioners and heat pumps), indicate these different methodologies as well as manufacturers is approximately two that, for them, the reporting burden is the varied burden hour estimates minutes per basic model. Based on this best measured by the estimated time provided by manufacturers pf the estimate, multiplied by a total of 10,033
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basic models of these products, the Fluorescent Lamp Ballasts, Lamp products is based on the estimated annual reporting burden for the Products, and Plumbing Projects average annual burden for each category airplane, HVAC equipment, and pool of manufacturers, multiplied by the heater industry is an estimated 334 The total annual reporting burden for number of manufacturers in each hours (2 minutes × 10,033 models ÷ 60 manufacturers of fluorescent lamp respective category, as shown below: minutes per hour). ballasts, lamp products, and plumbing
Annual burden Total annual Category of manufacturer hours per Number of reporting bur- manufacturer manufacturers den hours
Fluorescent lamp ballasts ...... 6 20 120 Lamp products ...... 15 50 750 Plumbing products ...... 1 120 120
Total Reporting Burden Hours: The lamp ballasts, lamp products, and annually (1 × 10,033 ÷ 60 minutes per total reporting burden for industries plumbing products. hour).1 covered by the Rule is 1,324 hours Appliances, HVAC Equipment, and Pool annually (334+120+750+120). Fluorescent Lamp Ballasts, Lamp Heaters Products, and Plumbing Products C. Recordkeeping The recordkeeping burden for EPCA and the Appliance Labeling manufacturers of appliances, HVAC The total annual recordkeeping Rule require manufacturers to keep equipment, and pool heaters varies burden for manufacturers of fluorescent records of the test data generated in directly with the number of tests lamp ballasts, lamp products, and performing the tests to derive performed. Staff estimates total plumbing products is based on the information included on labels and recordkeeping burden to be estimated average annual burden for required by the Rule. As with reporting, approximately 167 hours for these each category of manufacturers (derived burden is calculated by number of manufacturers, based on an estimated from industry sources), multiplied by models for appliances, HVAC average of one minute per record stored the number of manufacturers in each equipment, and pool heaters, and by (whether in electronic or paper format), respective category, as shown below: number of manufacturers for fluorescent multiplied by 10,033 tests performed
Annual burden Total annual Category of manufacturer hours per Number of recordkeeping manufacturer manufacturers burden hours
Fluorescent lamp ballasts ...... 2 20 40 Lamp products ...... 10 50 500 Plumbing products ...... 5 120 60
Total Recordkeeping Burden Hours: the required labels, so manufacturers appliances, HVAC equipment, and pool The total recordkeeping burden for need only add the energy consumption heaters is 83,522 hours [six (seconds) × industries covered by the Rule is 767 figures derived from testing. In addition, 50,113,098 (the number of total hours annually (167+40+500+60). most larger companies use automation products shipped in 2000) divided by D. Labeling to generate labels, and the labels do not 3,600 (seconds per hour)]. change from year to year. Given these The Rule also requires that HVAC EPCA and the Rule require that considerations, staff estimate that the manufacturers of covered products equipment manufacturers disclose time to prepare labels for appliances, energy usage information on a separate provide certain information to HVAC equipment, and pool heaters is consumers, through labels, fact sheets, fact sheet or in an approved industry- no more than four minutes per basic prepared directory of products. Staff has or permanent markings on the products. model. Thus, for appliances, HVAC The burden imposed by this estimated the preparation of these fact equipment, and pool heaters, the sheets requires approximately 30 requirement consists of (1) the time approximate annual drafting burden needed to prepare the information to be minutes per basic model. Manufacturers involved in labeling is 669 hours per producing at least 95 percent of the provided, and (2) the time needed to year [10,033 (all basic models) × four provide it, in whatever form, with the affected equipment, however, are minutes (drafting time per basic model) 2 products. The applicable burden for members of trade associations that ÷ 60 (minutes per hour)]. each category of products is described produce approved directories (in below: Industry representatives and trade connection with their certification associations have estimated that it takes programs independent of the Rule) that Appliances, HVAC Equipment, and Pool between 4 and 8 seconds to affix each satisfy the fact sheet requirement. Thus, Heaters label to each product. Based on an the drafting burden for fact sheets for EPCA and the Rule specify the average of six seconds per unit, the HVAC equipment is approximately 102 content, format, and specifications for annual burden for affixing labels to hours annually [4,073 (all basic models)
1 The amount of annual tests performed is derived category (the underlying information may be drawn Manufacturers Association, and the Hydronics by multiplying the number of basic models within from the table in Section A.). Institute. the relevant product categories by the average 2 These associations include the Air-Conditioning number of units tested per model within each and Refrigeration Institute, the Gas Appliance
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× .5 hours × .05 (proportion of Plumbing Products of the required disclosures would be equipment for which fact sheets are The statute and the Rule require that made in the ordinary course of business, required)]. manufacturers disclose the water flow staff believe that any incremental The Rule allows manufacturers to rate for plumbing fixtures. burden the Rule imposes on these paper prepare a directory containing fact sheet Manufacturers may accomplish this catalog sellers would be minimal. information for each retail disclosure by attaching a label to the Staff estimates that there are an establishment as long as there is a fact product, through permanent markings additional 150 new online sellers of sheet for each basic model sold. imprinted on the product as part of the covered products who are subject to the Assuming that six HVAC manufacturers manufacturing process, or by including Rule’s catalog disclosure requirements. (i.e., approximately 5% of HVAC the required information on packaging Many of these sellers may not have the manufacturers), produce fact sheets material for the product. While some experience the paper catalog sellers instead of having required information methods might impose little or no have in incorporating energy and water shown in industry directories, and each additional incremental time burden and consumption data into their catalogs. spends approximately 16 hours per year cost on the manufacturer, other methods Staff estimates that these online sellers distributing the fact sheets to retailers (such as affixing labels) could. Thus, each require approximately 17 hours per and in response to occasional consumer staff estimate of an overall blended year to incorporate the data into their requests, the total time attributable to average burden associated with this online catalogs. This estimate is based this activity would also be disclosure requirement of one second on the assumption that entry of the approximately 96 hours. per unit sold. Staff also estimate that required information takes 1 minute per there are approximately 9,000,000 covered product and an assumption that The total annual labeling burden for covered fixtures and 52,000,000 fittings the average online catalog contains appliances, HVAC equipment, and pool sold annually in the country. Therefore, approximately 1,000 covered products heaters is 668 hours for preparation plus the estimated annual burden to label (based on a sampling of websites of 83,522 hours for affixing, or 84,191 plumbing products is 16,944 hours affected retailers). Given that there is a hours. The total annual fact sheet [61,000,000 (units) x 1 (seconds) + 3,600 great variety among sellers in the burden is 102 hours for preparation and (seconds per hour)]. volume of products they offer online, it 96 hours for distribution, or 198 hours. Total Burden for Labeling: The total is very difficult to estimate such volume The total annual burden for labels and labeling burden for all industries with precision. In addition, this analysis fact sheets for the appliance, HVAC, and covered by the Rule is 101,333 hours assumes that information for all 1,000 pool heater industries is, therefore, (84,389 + 16,944) annually. products is entered into the catalog. estimated to be 84,389 hours (84,191 + E. Retail Sales Catalogs Disclosures This is a conservative assumption 198). because the number of incremental The Rule requires that sellers offering Fluorescent Lamp Ballasts additions to the catalog from year to covered products through retail sales year is likely to be much lower after The statute and the Rule require that catalogs (i.e., those publications from initial start-up efforts have been labels for fluorescent lamp ballasts which a consumer can actually order completed. The total catalog disclosure contain an ‘‘E’’ within a circle. Since merchandise) disclose in the catalog burden for all industries covered by the manufacturers label these ballasts in the energy (or water) consumption for each rule is 2,550 hours (150 sellers x 17 ordinary course of business, the only covered product. Because this hours annually). information is supplied by the product impact of the Rule is to require Estimated Annual Cost Burden: manufacturers, the burden of the retailer manufacturers to reformat their labels to ($7,826,750 in labor costs and consists of incorporating the include the ‘‘E’’ symbol. Thus, the $3,519,422 in capital or other non-labor information into the catalog burden imposed by the Rule for labeling costs. fluorescent lamp ballasts is minimal. presentation. In the past, staff has estimated that Labor Costs: Staff derived labor costs Lamp Products there are 100 sellers who offer covered by applying appropriate estimated products through paper retail catalogs. hourly cost figures to the burden hours The burden attributable to labeling While the Rule initially imposed a described above. In calculating the cost lamp products is also minimal, for burden on catalog sellers by requiring figures, staff assumes that test similar reasons. The Rule requires that they draft disclosures and procedures are conducted by skilled certain disclosures on packaging for incorporate them into the layouts of technical personnel at an hourly rate of lamp products. Since manufacturers their catalogs, paper catalog sellers now $20.00, and that recordkeeping and were already disclosing the substantive have substantial experience with the reporting, and labeling, marking, and information required under the Rule Rule and its requirements. Energy and preparation of fact sheets, generally are prior to its implementation, the water consumption information has performed by clerical personnel at an practical effect of the Rule was to obvious relevance to consumers, so hourly rate of $10.00. require that manufacturers redesign sellers are likely to disclose much of the Based on the above estimates and packaging materials to ensure they required information with or without assumptions, the total annual labor include the disclosures in the manner the Rule. Accordingly, given the small costs for the five different catagories of and form prescribed by the Rule. number of catalog sellers, their burden under the rule, applied to all the Because this effort is now complete, experience with incorporating energy products covered by it, is $7,827,000 there is no ongoing labeling burden and water consumption data into their (rounded to the nearest thousand), imposed by the Rule for lamp products. catalogs, and the likelihood that many derived as follows:
Burden hours Total annual Activity per year Wage category hourly rate labor cost
Testing ...... 338,292 Skilled clerical/$20 ...... $6,765,840 Reporting ...... 1,324 Clerical/$10 ...... 13,240
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Burden hours Total annual Activity per year Wage category hourly rate labor cost
Recordkeeping ...... 934 Clerical/$10 ...... 9,340 Labeling, marking, and fact sheet preparation ...... 101,333 Clerical/$10 ...... 1,013,330 Catalog disclosures ...... 2,550 Clerical/$10 ...... 25,500
7,827,250
Capital or Other Non-Labor Costs: average cost of seven cents for each nominated for membership should be $3,519,000 (rounded), determined as label or fact sheet, the total (rounded— from among authorities knowledgeable follows: labeling cost is $3,516.922. in blood banking, transfusion medicine, Staff has examined the five distinct bioethics and/or related disciplines. John D. Grubert, burdens imposed by EPCA through the Members shall be selected from State Acting General Counsel. Rule–testing, reporting, recordkeeping, and local organizations, blood and labeling, and retail catalog disclosures— [FR Doc. 01–13707 Filed 5–31–01; 8:45 am] blood products industry including as they affect the 11 groups of products BILLING CODE 6750–01–M manufacturers and distributors, that the rule covers. Staff has concluded advocacy groups, consumer advocates, that there are no current start-up costs provider organizations, academic associated with the rule. Manufacturers DEPARTMENT OF HEALTH AND researchers, ethicists, private have in place the capital equipment HUMAN SERVICES physicians, scientists, consumer necessary—especially equipment to Request for Nominations of Members advocates, legal organizations and from measure energy and/or water usage—to among communities of persons who are comply with the rule. to the Advisory Committee on Blood Safety and Availability frequent recipients of blood and blood Under this analysis, testing, products. recordkeeping, and retail catalog AGENCY: Office of the Secretary, HHS. disclosures are activities that incur no Information Required: Each ACTION: Announcement of request for capital or other non-labor costs. As nomination shall consist of a package membership nominations. mentioned above, testing has been that, at a minimum, includes: performed in these industries in the SUMMARY: The Office of the Secretary A. The name, return address, daytime normal course of business for many requests nomination of individuals to telephone number and affiliation(s) of years as has the associated serve on the Advisory Committee on the individual being nominated, the recordkeeping. The same is so for Blood Safety and Availability in basis for the individual’s nomination, regarding compliance applicable to the accordance with its charter. the category for which the individual is requirements for paper catalogs. Appointments will be made for a term nominated, and a statement bearing an Manufacturers and retailers who make of four years. Individuals nominated original signature of the nominated required disclosures in catalogs already after June 1, 2000 will remain under individual that he or she is willing to are producing catalogs in the ordinary consideration for these appointments. serve as a member of the committee; course of their businesses; accordingly, DATES: All nominations must be B. The name, return address, daytime capital cost associated with such received at the address below no later telephone number at which the disclosure would be minimal or nil. than 4 p.m. EDT August 31, 2001. nominator may be contacted. Staff recognizes that there may be initial ADDRESSES: Organizational nominators must costs associated with posting online All nominations shall be identify a principal contact person in disclosure, and it invites further submitted to Stephen D. Nightingale, addition to the contact person in comment to reasonably quantify such M.D., Executive Secretary, Advisory addition to the contact information; and costs. Committee on Blood Safety and Manufacturers that submit required Availability, Office of Public Health and C. A copy of the nominee’s reports to the Commission directly Science, Department of Health and curriculum vitae. Human Services, 200 Independence (rather than through trade associations) The Department of Health and Human incur some nominal costs for paper and Ave., SW., Washington, DC 20201. Phone (202) 690–5560. Services has a strong interest in postage. Staff estimates that these costs ensuring that women, minority groups, FOR FURTHER INFORMATION CONTACT: do not exceed $2,500. Manufacturers and physically challenged individuals Stephen D. Nightingale, M.D., Executive must also incur the cost of procuring are adequately represented on the Secretary, Advisory Committee on labels and fact sheets used in Committee and, therefore, encourages Blood Safety and Availability, Office of compliance with the rule. Based on nomination of qualified candidates from Public Health and Science, Department estimates of 50,113,098 units shipped these groups. The Department also 3 of Health and Human Services, Room and 128,650 fact sheets prepared, at an encourages geographic diversity in the 736–E, 200 Independence Ave., SW., composition of the Committee. 3 The units shipped total is based on combined Washington, DC 20201. Phone (202) actual or estimated industry figures for calendar 690–5560. Individuals should feel free to year 2000 across all of the product categories, Nominations: In accordance with the nominate themselves. All nomination except for fluorescent lamp ballasts, lamp products, information for a nominee must be and plumbing fixtures. Staff has determined that, charter of the Committee, persons for those product categories, there are little or no provided in a complete single package. costs associated with the labeling requirements. The Because manufacturers generally list more than one Incomplete nominations will not be fact sheet estimation is based on the previously unit on a fact sheet, staff has estimated that processed. Nomination materials must noted assumption that five percent of HVAC manufacturers independently preparing them will bear original signatures, and facsimile manufacturers produce fact sheets on their own. use one sheet for every four of these 514,598 units. Based on total HVAC units shipped (10,291,965), Thus, staff estimates that HVAC manufacturers transmission or copies are not five percent amounts to 514,598 HVAC units. produce approximately 128,650 fact sheets. acceptable.
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Dated: May 21, 2001. FOR FURTHER INFORMATION CONTACT: For Potential applicants may obtain Stephen D. Nightingale, information on specific research issues: ‘‘Healthy People 2010’’ at http:// Executive Secretary, Advisory Committee on Eugenia Eckard, Office of Population www.health.gov/healthypeople. Blood Safety and Availability. Affairs, (301) 594–6534. For questions Research Goals and Scope: The [FR Doc. 01–13745 Filed 5–31–01; 8:45 am] about the technical preparation of the primary purpose of the Title X Family BILLING CODE 4150–28–M grant application: Andrea Brandon, Planning Program is to provide family Grants Management Officer, (301) 594– planning and reproductive health 4012. services to all persons desiring them. To DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Title X of that end, the program is guided by a set HUMAN SERVICES the Public Health Service Act (42 U.S.C. of priorities: maintain a high level of 300a–2) authorizes the Secretary of quality in the family planning and Office of Public Health and Science Health and Human Services to award reproductive health services delivered; ensure comprehensiveness in the range Announcement of Availability of Funds grants and enter into contracts with public agencies or private nonprofit of services offered, and; increase access for Research in Family Planning to services through partnerships with Service Delivery Improvement entities to provide research in behavioral and program implementation other public health providers and AGENCY: Office of Population Affairs, fields related to family planning. community-based organizations, as well OPHS, DHHS. (Catalogue of Federal Domestic as outreach to underserved populations. This RFA invites proposals for applied ACTION: Notice. Assistance No. 93.974.) This research research to address these priorities in program is not subject to the two general areas: (1) Providing family SUMMARY: The Office of Population intergovernmental review requirements planning and reproductive health Affairs (OPA) requests applications for of Executive Order 12372 and 45 CFR services to underserved populations; family planning service delivery 100. and (2) assessing the impact of improvement research grants. It is the policy of OPA that women increasing costs on the delivery of Applications should address Title X and members of minority groups and family planning and reproductive health Family Planning Program priorities in their subpopulations be included in all services. two general areas: (1) Providing family OPA supported research projects planning and reproductive health involving human subjects, unless a clear Underserved Populations services to undeserved populations; and and compelling rationale and It has been demonstrated that access (2) assessing the impact of increasing justification are provided indicating that to family planning and reproductive costs on the delivery of family planning inclusion is inappropriate with respect health services has a positive impact on and reproductive health services. to the health of the subject or the reducing the incidence of sexually DATES: The closing date for this grant purpose of the research. transmitted diseases (STD)/HIV announcement is July 26, 2001. All investigators proposing research infection, unintended pregnancy, Applications will be considered as involving human subject should read abortion, maternal and infant morbidity meeting the deadline date if they are: (1) the updated ‘‘NIH Guidelines for and mortality, and diseases of the Received on or before the deadline date Inclusion of Women and Minorities as reproductive system. The Title X Family or (2) postmarked on or before the Subjects in Clinical Research’’, Planning Program was established in deadline date and received in time to be published in the NIH Guide for Grants 1970 to facilitate such access by offering considered during the competitive and Contracts on August 2, 2000 and a broad range and family planning and review process. A legible date receipt available at: http://grants.nih.gov/ reproductive health services-at low or from a commercial carrier or U.S. Postal grants/funding/women_min/ no cost, on a voluntary and confidential Service will be accepted in lieu of a guidelines_update.htm. basis, and without regard to race, postmark. Private metered postmarks In the interest of making data national origin, age, gender, or will not be accepted as proof of timely available to others, copies of data sets disability. mailing. Applications which do not and accompanying documentation The Title X program currently serves conform to requirements of this produced with funds granted trough this approximately 4.5 million persons announcement will be accepted for announcement will be deposited with a annually and service data indicate the review. Applicants will be so notified public use data achieve or with the program is meeting its mandate of and the applications will be returned. OPA. The cost of making such data providing family planning and ADDRESSES: Application kits may be available should be budgeted in the reproductive health services to many of obtained from the Office of Population proposal. those in need. For example, a major Affairs, Office of Grants Management, Applications should address how barrier to receiving health care is its 4350 East-West Highway, Suite 200, findings from the proposed study will cost. Title X regulations specify that Bethesda, MD 20814. Application kits have general applicability to the priority in the provision of services be may also be downloaded from the OPA improvement of the delivery of family given to persons from low income web site at http://www.hhs.gov/opa or planning services, and a plan must be families and, in 1999, 83 percent of Title requests may be faxed to (301) 594– presented on how information from the X clients had family incomes at or 5980. To facilitate the handling of research findings will be disseminated. below 150 percent of the poverty level. written requests, please include: name, Healthy People 2010: The OPA is There are, however, factors other than title, organization, mailing address, committed to achieving the health low income that can have a negative telephone number and e-mail address. promotion and disease prevention impact on the ability of come All completed applications must be objectives of ‘‘Healthy People 2010,’’ a populations to obtain family planning submitted to the Office of Grants PHS-led national activity for setting and reproductive health services. Of Management at the above mailing priority areas. This Request for particular concern are the social, address. Please label the application Applications (RFA) is related to one or cultural, physical, and language barriers envelope: ‘‘Attention: Family Planning more of the priority areas, in particular that may hinder access for certain Research.’’ the focus area on family planning. populations subgroups. These factors
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must be better understood and Similarly, screening for STDs, cancers apply for a grant under this addressed, and protocols to meet the and other diseases of the reproductive announcement. unique service delivery requirements of system are core Title X services and an Funds Available: The OPA intends to affected populations need to be integral element in maintaining high make available approximately developed and tested. standards of care and $1,000,000 in Fiscal Year (FY) 2001 to Under this announcement, funds are comprehensiveness of services. There support an estimated three to four new available for research, directly are new diagnostic technologies research grants, each in the range of applicable to service provision, on one available that have the potential to $150,000 to $250,000. Grants will be or more of the following underserved better manage diagnoses and reduce the funded in annual increments (budget populations: Homeless persons, migrant need for invasive procedures; they are periods) and may be funded for a project workers, recent immigrants, substance often significantly more expensive than period of up to two years. A match will abusers, disabled persons, and males. the traditional technologies. not be required. Funding for the second Proposals must demonstrate a well The true cost of providing services is, approved budget period is contingent developed understanding of the family however, more complicated than the upon the availability of funds, planning and reproductive health needs cost of a contraceptive method or a satisfactory progress on the project, and of the target population(s) chosen. diagnostic test multiplied by the adequate stewardship of federal funds. Relevant areas of inquiry include, but number of persons receiving the service. Funding decisions can be expected by are not limited to: Client behavior— Who is receiving services would also September 30, 2001. when and why they do or do not seek have an impact on cost. For example, Review Procedures and Criteria: services; physical or location barriers the reported influx of uninsured or Applications in response to this which may inhibit client access; the underinsured clients into the Title X solicitation will be reviewed and scored, implications of clinic personnel system has implications for the type and in competition with other submitted knowledge, attitudes and behavior on quantity of services required, as well as applications, by an independent review client access; providing services in for provider revenue. Efforts to reach panel. Review criteria include: nontraditional settings; the development underserved, and often hard-to-serve, 1. Potential usefulness. How the and testing of outreach and populations could have similar effects. results of the proposed research project communication strategies, and; the Demands for increased staff time spent are expected to advance knowledge in development and testing of information providing counseling as well as clinical the field of family planning and and education materials specifically services are another consideration, as reproductive health service delivery targeting underserved populations. are increases in personnel costs as State with respect to underserved populations requirements for masters degree level Increasing Costs or assessing the extent and impact of nurse practitioners are implemented. increasing costs. (30 points) Even as the Title X Family Planning Under this announcement, funds are 2. Quality and soundness of research Program works to provide outreach and available for research on the complex design. The strength and services to underserved populations, interplay of factors that contribute to the appropriateness of the conceptual increasing costs are having an impact on increasing costs of providing family framework underlying the project, as the program’s ability to maintain the planning and reproductive health well as the methodology and analytic level and quality of the services it services and to document and assess the strategies proposed. (30 points) provides to currently enrolled clients. extent and impact of such increases. It 3. Qualifications of personnel and Inflationary pressures are easily is preferable that analyses address organizational capacity. The quantified; for example, during the past change over time rather than one single qualifications of project personnel for decade, the medical care component of point in time. Relevant areas of inquiry conducting the proposed research as the Consumer Price Index (CPI) include, but are not limited to: the evidenced by professional training and increased at an average annual rate of increasing cost of providing specific experience. Principal investigator and 5.1 percent, compared with an average contraceptive methods, including the staff time commitments will also be annual increase of 2.7 percent in the actual cost of the method(s), shifts in considered, as will the capacity of the overall CPI. What are not as easily demand for the method(s), and staff organization to provide necessary quantified are the cost increases level and time required; the cost of infrastructure and support. (20 points) incurred by technology advances, using advanced diagnostic technologies, 4. Adequacy of work plan and budget. changes in the population served and including the actual cost of the The reasonableness and sufficiency of the mix of services they require, and technology, staff level and time the work plan and budget to ensure maintaining adequate clinic staffing in required, and the long range cost timely implementation and completion terms of both number and qualification. implications—to the provider—of of the proposed research. (20 points) A fundamental charge to the Title X adopting the technology; the cost of Final grant award decisions will be program is to ensure contraceptive providing services to underserved made by the Deputy Assistant Secretary choice; program regulations and populations(s), including outreach for Population Affairs (DASPA) on the guidelines require that a full range of efforts and the specific mix of services basis of priority score, program contraceptive methods and related required; the costs involved in relevance, and availability of funds. counseling be available to clients. recruiting and retaining adequate Applicants will be notified, by letter, Hormonal methods of contraception are numbers of qualified clinical and of final funding decisions. The official highly effective and nearly three- nonclinical staff, and; factors affecting document notifying an applicant that an quarters of Title X clients choose them. provider revenue, including increases in application has been approved for They are also costly, particularly in the the number of clients requiring funding is the Notice of Grant Award, case of implants and injectables. Other subsidized services, changes in third which specifies the amount of money contraceptive methods, such as the party reimbursement to providers, and awarded, the purpose of the grant, and diaphragm or natural family planning, shifts in Federal, state, and local the terms and conditions of the grant while not costly in terms of supplies, do funding sources. award. require extensive instruction and Eligible applicants: Any public or Method of Applying: Applications counseling—which are costly. private nonprofit entity is eligible to should be prepared on form PHS 5161,
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which is included in the application kit DEPARTMENT OF HEALTH AND C. Availability of Funds for this announcement and also HUMAN SERVICES Approximately $1,000,000 is available available from the business or grant and in FY 2001 to fund approximately four Centers for Disease Control and contracts office at most academic and awards. It is expected that the average Prevention research institutions, as well as at: http:/ award will be $250,000, ranging from /forms.psc.gov/forms/PHS/phs.html. $200,000 to $300,000. It is expected that Submissions should include a signed [Program Announcement 01085] the awards will begin on or about typewritten original of the application September 30, 2001, and will be made Integrating Prevention Services for and two signed photocopies. for a 12-month budget period within a Persons With Bleeding and Clotting Application submissions may not be project period of up to two years. The Disorders; Notice of Availability of faxed or sent electronically. funding estimate may change. Funds Dated: May 18, 2001. Continuation awards within an A. Purpose approved project period will be made Mireille B. Kanda, on the basis of satisfactory progress as The Centers for Disease Control and Acting Director, Office of Population Affairs. evidenced by required reports and the Prevention (CDC) announces the [FR Doc. 01–13743 Filed 5–31–01; 8:45 am] availability of funds. availability of fiscal year (FY) 2001 BILLING CODE 4150–34–M funds for a cooperative agreement D. Program Requirements program to demonstrate the In conducting activities to achieve the DEPARTMENT OF HEALTH AND effectiveness of the comprehensive care purpose of this program, the recipient HUMAN SERVICES model in preventing or reducing will be responsible for the activities bleeding and clotting disorder related under 1. (Recipient Activities), and CDC Notice of Meeting of the Advisory complications through hemostasis and will be responsible for the activities Committee on Minority Health thrombosis centers. This program listed under 2. (CDC Activities). addresses the ‘‘Healthy People 2010’’ 1. Recipient Activities AGENCY: Office of the Secretary, Office focus areas of access to quality health of Public Health and Science, Office of services, disability and secondary a. Using the principles of the multi- Minority Health, HHS. conditions, educational and disciplinary comprehensive care model community-based programs, and public utilized in hemophilia treatment center ACTION: Notice is given of the second health infrastructure. prevention programs, implement the meeting. The purpose of the program is to (1) model in a health care setting that determine the efficacy of integrated features strong clinical, research, The Advisory Committee on Minority multi-disciplinary care and prevention outreach, education, support and Health will meet on Thursday, June 21, services for persons with hemophilia, provider training programs for persons 2001 from 9:00 am to 5:00 pm, and other hereditary bleeding disorders with hemophilia, other hereditary Friday, June 22, 2001, from 8:30 am–12 including women with bleeding bleeding disorders including women Noon. The meeting will be held at the disorders, and thrombophilia to reduce with bleeding disorders, and Hilton Washington and Towers Hotel, morbidity and mortality associated with thrombophilia. The State Room, 1919 Connecticut bleeding and clotting diseases; (2) assess Specifically: Avenue, NW., Washington, DC. unmet needs for service delivery and (1) Identify unmet needs of target identify outreach strategies designed to populations and establish outreach The Advisory Committee will discuss improve access to care; (3) develop racial and ethnic disparities in health, mechanisms to improve access to care effective messages aimed at disease for persons with bleeding and clotting as well as, other related issues. management and prevention; and (4) disorders for the purpose of evaluating The meeting is open to the public. foster the development of training prevention interventions. There will be an opportunity for public programs to enhance provider skills for (a) Determine strategies that will comment which will be limited to five the delivery of hemostasis and address unmet needs, assess the efficacy minutes per speaker. Individuals who thrombosis care. of prevention activities and improve would like to submit written statements B. Eligible Applicants access to under-served populations such should mail or fax their comments to as women with bleeding disorders and the Office of Minority Health at least Applications may be submitted by individuals with thrombophilia. public and private nonprofit two business days prior to the meeting. (b) Conduct outreach efforts to organizations and by governments and increase prevention intervention For further information, please their agencies; that is, universities, contact Ms. Patricia Norris, Office of awareness and availability of colleges, research institutions, hospitals, comprehensive care among the affected Minority Health, Rockwall II Building, other public and private nonprofit population and referring providers and 5515 Security Lane, Suite 1000, organizations, State and local establish referral patterns. Rockville, Maryland 20852. Phone: 301– governments or their bona fide agents, (c) Facilitate communication with 443–5084 Fax: 301–594–0767. and federally recognized Indian tribal other sub-specialties concerning Dated: May 25, 2001. governments, Indian tribes, or Indian awareness and prevention of the tribal organizations. Nathan Stinson, Jr., complications of bleeding and clotting Note: Title 2 of the United States Code, Deputy Assistant Secretary for Minority disorders. Chapter 26, section 1611 states that an (2) Develop and implement a plan Health. organization described in section 501(c)(4) of [FR Doc. 01–13744 Filed 5–31–01; 8:45 am] the Internal Revenue Code of 1986 that that will provide clinical expertise for diagnosing underlying causes of BILLING CODE 4150–29–M engages in lobbying activities is not eligible to receive Federal funds constituting an coagulation disorders and provide award, grant, cooperative agreement, management and prevention services. contract, loan, or any other form. Experience with bleeding and clotting
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disorders should be a preferred E. Content (b) above are considered late requirement for clinical expertise. applications, will not be considered, Letter of Intent (LOI) (3) Collaborate with clinical research and will be returned to the applicant. programs designed to improve the An LOI is required for this program. G. Evaluation Criteria treatment of bleeding and clotting The narrative should be no more than 3 disorders. single-spaced pages, printed on one Each application will be evaluated (4) Develop training programs to side, with one inch margins, and individually against the following educate physicians and other providers unreduced font. Your letter of intent criteria by an independent review group in management of bleeding and clotting will be used to enable CDC to plan for appointed by CDC. the review, and should include the disorders. 1. Capacity (25 Points Total) b. Develop education and awareness following information (1) the program programs for affected populations to announcement number 01085, (2) name The extent that the applicant provides increase knowledge and assist and address of institution, and (3) name, multi-disciplinary, integrated, clinical consumers in making informed address, and telephone number of and research-based prevention decisions. contact person. Notification can be activities, outreach, education, support (1) Establish mechanisms for provided by facsimile, postal mail, or and provider training programs to consumer input and education and electronic mail (E-mail). persons with hemophilia, other hereditary bleeding disorders including assist in fostering locally based Application consumer organizations to assist in care women with bleeding disorders, and Use the information in the Program thrombophilia. evaluation. Requirements, Other Requirements, and (2) Develop educational materials and a. The extent that the applicant Evaluation Criteria sections to develop documents and explains the scope and distribute as needed. the application content. Your (3) Develop methods (i.e. utilizing magnitude of previous experiences in application will be evaluated on the providing a comprehensive, prevention consumers) to assist with the delivery of criteria listed, so it is important to prevention messages through peer-led program for hemophilia, thrombophilia, follow them in laying out your program and women’s bleeding disorders prevention education, outreach, and plan. The narrative should be no more support. including diagnosis, management, than 20 double-spaced pages, printed on outreach, education, and data collection c. Evaluate the model for feasibility one side, with one inch margins, and utilizing the multi-disciplinary, and effectiveness. unreduced font. comprehensive care model. The extent (1) Develop appropriate data to which these services are prevention collection and evaluation systems to F. Submission and Deadline oriented. (15 points) document unmet needs for integrated Letter of Intent (LOI) b. The extent that the applicant diagnostic, management and prevention demonstrates a collaborative services for persons with hemophilia, On or before June 29, 2001, submit the relationship with well-established basic other hereditary bleeding disorders LOI to the Grants Management science and clinical research programs including women with bleeding Specialist identified in the ‘‘Where to to provide the environment for broad disorders, and thrombophilia. Obtain Additional Information’’ section based training and translation research. (2) Establish longitudinal studies to of this announcement. (10 points) determine outcomes related to multi- Application 2. Background and Need (15 Points) disciplinary care management for Submit the original and five copies of persons with coagulation disorders. PHS–398 (OMB Number 0925–0001) The extent that the target populations (3) Devise consent and protocol for (adhere to the instructions on the Errata and catchment area are described in collection of DNA samples for analysis. Instruction Sheet for PHS 398). Forms terms of known morbidity, (4) Publish and disseminate program are available in the application kit and demographics, sources of care, and results. at the following Internet address: existing data collection and 2. CDC Activities www.cdc.gov/od/pgo/forminfo.htm surveillance. The extent the applicant On or before July 20, 2001, submit the identifies unmet needs and how they a. Provide consultation, scientific and application to the Grants Management can appropriately address the issues of technical assistance in the design and Specialist identified in the ‘‘Where to the target communities. conduct of the project, including Obtain Additional Information’’ section 3. Goals and Objectives (10 Points) intervention methods, outcome of this announcement. measures, and analytic approach, as Deadline: Applications shall be The extent that the applicant’s requested; considered as meeting the deadline if proposed goals and objectives meet the b. Assist in the development of a they are either: required activities specified under research protocol for Institutional (a) Received on or before the deadline ‘‘Recipients Activities’’ and are specific, Review Board (IRB) review by all date; or measurable, time-phased, and realistic. cooperating institutions participating in (b) Sent on or before the deadline date the research project. The CDC IRB will and received in time for submission to 4. Methods and Activities (35 Points) review and approve the protocol the independent review group. a. The extent that the applicant’s plan initially and on at least an annual basis (Applicants must request a legibly dated explains how the program activities are until the research project is completed. U.S. Postal Service postmark or obtain to be conducted and the extent that c. Perform selected laboratory testing a legibly dated receipt from a prevention methods proposed are: (1) as needed including DNA analysis of commercial carrier or U.S. Postal appropriate to accomplish stated goals blood samples. Service. Private metered postmarks shall and objectives and (2) feasible within d. Assist in data management, the not be acceptable as proof of timely programmatic and fiscal restrictions. (15 analysis of research data, interpretation mailing.) points) and dissemination of research findings, Late Applications: Applications b. The extent to which the applicant as requested. which do not meet the criteria in (a) or describes and documents the
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collaborative efforts of it’s program to Send all reports to the Grants Dated: May 25, 2001. (1) assess efficacy of prevention Management Specialist identified in the Henry S. Cassell, III, activities and (2) develop and ‘‘Where to Obtain Additional Acting Director, Procurement and Grants implement prevention programs. (15 Information’’ section of this Office, Centers for Disease Control and points) announcement. Prevention (CDC). c. The extent that the applicant The following additional [FR Doc. 01–13734 Filed 5–31–01; 8:45 am] incorporates gathering and using input requirements are applicable to this BILLING CODE 4163–18–P from persons with bleeding disorders program. For a complete description of and thrombophilia and their family each, see Attachment I in the members, and local consumer and DEPARTMENT OF HEALTH AND application kit. community based organizations, and the HUMAN SERVICES applicant’s willingness to cooperate AR–1 Human Subjects Requirements with consumers in the development and AR–2 Requirements for Inclusion of Centers for Disease Control and implementation of prevention services. Women and Racial and Ethnic Prevention (5 points) Minorities in Research [Program Announcement 01102] 5. Program management and evaluation AR–10 Smoke-Free Workplace (15 Points) Requirements Cancer Surveillance Research With Data Enhancement and Utilization, a. The extent that management AR–11 Healthy People 2010 Notice of Availability of Funds systems, including types, frequency, AR–12 Lobbying Restrictions and methods of evaluation are used to A. Purpose ensure appropriate implementation of AR–15 Proof of Non-Profit Status program activities. (5 points) AR–22 Research Integrity The Centers for Disease Control and b. The extent of management Prevention (CDC) announce the experience for recruiting and I. Authority and Catalog of Federal availability of fiscal year (FY) 2001 implementing large public health Domestic Assistance Number funds for a cooperative agreement prevention initiatives. (5 points) program to support priority cancer This program is authorized under surveillance research with data c. The degree to which the applicant section 301(a)[42 U.S.C. 241(a)] and has met the CDC Policy requirements enhancement and utilization activities. 317(k)(2)[42 U.S.C. 247b9k)(2)] of the This program addresses the ‘‘Healthy regarding the inclusion of women, Public Health Service Act, as amended. ethnic, and racial groups in the People 2010’’ priority areas related to The Catalog of Federal Domestic Cancer. proposed research. This includes (1) the Assistance number is 93.283. proposed plan for the inclusion of both The purpose of this program is to sexes and racial and ethnic minority J. Where To Obtain Additional utilize data from the National Program populations for appropriate Information of Cancer Registries (NPCR) to perform representation; (2) the proposed enhanced surveillance and operational justification when representation is This and other CDC announcements research to include developing, limited or absent; (3) a statement as to can be found on the CDC home page conducting and evaluating cancer whether the design of the study is Internet address—http://www.cdc.gov surveillance research projects targeting adequate to measure differences when Click on ‘‘Funding’’ then ‘‘Grants and breast, colorectal, prostate, ovarian, and warranted; and (4) a statement as to Cooperative Agreements.’’ oral/pharyngeal cancers. whether the plans for recruitment and To receive additional written Applicants with interest in innovative outreach for study participants include information and to request an cancer surveillance research activities the process of establishing partnerships application kit, call 1–888–GRANTS4 are encouraged to apply under this with community(ies) and recognition of (1–888 472–6874). You will be asked to announcement and, if appropriate, to mutual benefits. (5 points) leave your name and address and will partner with universities. be instructed to identify the Program This program consists of 4 parts: 6. Budget (Not Scored) Announcement number of interest. Part I—Breast/Colorectal/Prostate (BCP) The extent that the budget is If you have questions after reviewing Cancer Patterns of Care (POC), reasonable and consistent with the the contents of all the documents, Recurrence, and Survival (Optional intended use of the cooperative business management technical Breast Cancer Screening Linkage agreement funds. assistance may be obtained from: Merlin Component) 7. Human Subjects (Not Scored) Williams, Grants Management The purpose of Part I is to conduct Application must adequately address Specialist, Grants Management Branch, cancer surveillance research by the requirements of Title 45 CFR Part 46 Procurement and Grants Office, Centers comparing detailed clinical information for the protection of human subjects. for Disease Control and Prevention, including stage, diagnostic 2920 Brandywine Road, Room 3000, H. Other Requirements investigations used to assess stage MS–K75, Atlanta, GA 30341–4146, (determinants of stage), and treatment in Technical Reporting Requirements Telephone number: 770–488–2765, large, random samples of patients with Email: [email protected]. Provide CDC with the original plus female breast, prostate and colorectal two copies of— For program technical assistance, cancers. 1. Annual progress reports; contact: Sally Crudder, Hemophilia The purpose of the Optional Breast 2. Financial status report (FSR), no Treatment Center Program, National Cancer Screening Linkage Component is more than 90 days after the end of the Center for Infectious Diseases, Centers to validate and assess the completeness budget period; and for Diseases Control and Prevention, and accuracy of information contained 3. Final financial and performance 1600 Clifton Road NE, MS–E64, Atlanta, in the state Breast and Cervical Cancer reports, no more than 90 days after the GA 30333, Telephone Number: 404– Early Detection Program (BCCEDP) end of the project period. 371–5270, Email: [email protected]. minimum data elements (MDE’s) and to
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sample for comparison of treatment of C. Availability of Funds c. Assist in the development of a early stage breast cancer. Approximately $3,151,000 is available research protocol for Institutional Review Board (IRB) review by all Part II—Reporting Pathology Protocols in FY 2001 to fund the following cooperating institutions participating in (colon and rectum) categories. the research project. The CDC IRB will The purpose of Part II is to implement Part I—BCP Cancer Patterns of Care, review and approve the protocol The College of American Pathologists Recurrence, and Survival initially and on at least an annual basis (CAP) Reporting Protocol for cancers of Approximately $2,056,000 is available until the research project is completed. the colon and rectum. in FY 2001 to fund approximately eight d. Assure and maintain the to ten awards. It is expected that the confidentiality of all study data. Part III—Ovarian Cancer Patterns of average award will be $293,000, ranging e. Develop technical reports or Care from $260,000 to $325,000. manuscripts for peer-reviewed publications as appropriate. The purpose of Part III is to evaluate Part II—Reporting Pathology Protocols specific information related to the Specific activities for each part are as diagnosis and treatment of ovarian Approximately $300,000 is available follows: cancer, including: physician specialty, in FY 2001 to fund approximately two Part I accuracy of staging and treatment data, awards. It is expected that the average a. Participate in a collaborative North chemotherapy treatment data, survival award will be $150,000, ranging from American/European project between rates, and recurrence. $125,000 to $175,000. population-based cancer registries such Part IV—Oral/Pharyngeal Cancer: Data Part III—Ovarian Cancer Patterns of as Phase 2 of the Concord Study found Completeness and Quality Care in Appendix G. Approximately $670,000 is available b. Participate in additional studies of The purpose of Part IV is to evaluate in FY 2001 to fund approximately three patterns of care for cancers of high the completeness, timeliness and awards. It is expected that the average public health importance in the U.S., quality of oral and pharyngeal cancer award will be $235,000, ranging from including early stage female breast and to apply methods to improve data $200,000 to $270,000. cancer, stage III colon cancer, and collection, reliability, and validity. prostate cancer. Part IV—Oral/Pharyngeal Cancer: Data B. Eligible Applicants c. Identify appropriate number of Completeness and Quality cases as specified in Appendix E. Part I—Eligibility is limited to those Approximately $125,000 is available d. Provide study data to the Data population-based cancer registries in FY 2001 to fund up to two awards. Analysis Centre, located at the Istituto (hereafter referred to as NPCR registries) It is expected that the average award Superiore di Sanita in Rome, Italy, with listed in Appendix B. Determination of will be $92,000, ranging from $60,000 to no direct identifying information, such eligibility is based upon silver or gold $125,000. as name, address or any public certification by the North American Applicants may apply for one or more identification code. Association of Central Cancer Registries parts depending upon eligibility. It is e. Perform joint analysis with data (NAACCR) (with the exception of the expected that awards will begin on or from other registries and other timeliness standard) for diagnosis year about September 30, 2001, and will be countries. 1997. This diagnosis year certification is made for a 12-month budget period Part I (Option) the most recent available from within a project period of up to three NAACCR. years. Funding estimates may change. a. Conduct a probabilistic linkage Part II—Eligible applicants are limited Continuation awards within an between the state BCCEDP and the state to NPCR registries which can approved project period will be made cancer registry. demonstrate through a letter of support on the basis of satisfactory progress as b. Resolve potential matched records at least one effective partnership with a evidenced by required reports, research identified by the probabilistic linkage. laboratory or laboratory vendor progress, and the availability of funds. C. Identify appropriate number of cases as specified in Appendix E. providing pathologic diagnostic services D. Program Requirements in a National Cancer Institute (NCI) d. Collaborate with other successful designated comprehensive cancer or In conducting activities to achieve the recipients of the Part I option in the clinical cancer center facility in their purposes of Parts I–IV of this program, resolution of data quality issues and state. Eligible states are listed in the recipient will be responsible for the conduct special analyses relevant to the Appendix C. activities under 1. (Recipient Activities), linkage of registry and BCCEDP files. and CDC will be responsible for the Part III—Eligibility for Part III is Part II activities listed under 2. (CDC limited to NPCR registries listed in Activities). a. Develop, in collaboration with Appendix B. Determination of eligibility other successful recipients, strategies to is based upon NAACCR silver or gold 1. Recipient Activities implement the CAP reporting protocols certification (with the exception of the Recipients for all parts will be for cancers of the colon and rectum. timeliness standard) for diagnosis year responsible for the following activities: b. Develop electronic reporting 1997. a. Collaborate with other successful capacities to relate data from the Part IV—Eligibility for Part IV is recipients in part-specific activities. protocols to an appropriate cancer limited to NPCR registries listed in b. Participate in protocol development registry. Appendix B. Determination of eligibility to include the design of the study, c. Implement CAP’s reporting is based upon NAACCR silver or gold design of the instruments, development protocol for cancers of the colon and certification (with the exception of the of methods and procedures for the rectum. timeliness standard) for 1997. Multiple study, collection of the data, analysis d. Participate with other successful registries may submit a joint and interpretation of the data, and applicants and other key groups to share application. dissemination of results. expertise and experiences.
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e. Provide written feedback and incidence, e.g., by combining data for any questions applicants may have recommendations regarding the anatomical sites or across years. regarding this announcement. protocols to improve the protocols for g. Identify the resources necessary to Participation in this conference call is cancers of the colon and rectum that maintain completeness, timeliness, and optional. A summary of the questions will meet the needs of pathologists and quality of registry data on oral and and answers will be made available for cancer registries. pharyngeal cancer. those unable to participate. Registration h. Serve as the focal point for the information for this conference call will Part III development and dissemination of be sent to all eligible applicants by June a. Identify a minimum of 1,500 media releases, reports and 15th. ovarian cancer cases diagnosed between publications. January 1, 1995, and December 31, 1999 Applications 2. CDC Activities within the state. Use the information in the Program b. Evaluate medical records to CDC will be responsible for the Requirements, Other Requirements, and identify information related to the following activities for all parts: Evaluation Criteria sections for Parts I- diagnosis and treatment of ovarian a. Participate in a post-award meeting IV to develop the application content. cancer, such as: physician specialty, for information sharing, problem Your application will be evaluated on accuracy of staging and treatment data, solving, and research protocol the criteria listed, so it is important to chemotherapy treatment data, survival development. follow them in laying out your program rates, and recurrence. chemotherapeutic b. Provide ongoing consultation and plan. The narrative for each Part should drugs provided to the patient. technical assistance to successful be no more than 25 double-spaced c. Conduct a linkage between the state recipients. pages, printed on one side, with one cancer registry file and the state c. Collaborate in the design of studies, inch margins, and unreduced font. The mortality file to identify deaths that to include development of sampling original and each copy of the have occurred among ovarian cancer procedures, design of the instruments, application must be submitted patients diagnosed in 1995–1999. development of methods and unstapled and unbound. Pages should d. Evaluate differences between procedures for the studies, collection of be clearly numbered and a complete cancer stage and treatment data data, analysis and interpretation of data, index to the application and any identified during this study and the resolution of data quality issues and appendices included. stage of ovarian cancer and cancer dissemination of results. Applicants may apply for support treatment initially reported to the cancer d. Assist in the development of a under one or more of the four Parts. registry. research protocol for IRB review by all Only one application should be cooperating institutions participating in Part IV submitted. For each Part include a the research project. The CDC IRB will separate and complete narrative, a. Develop a protocol for auditing review and approve the protocol separate budget, and justification that completeness and quality of oral cancer initially and on at least an annual basis can stand alone as an application for data, including at a minimum, an until the research project is completed. review purposes. assessment of the quality of the e. Obtain an assurance of Include funding for staff for Parts I, II, following variables: stage at diagnosis, confidentiality, clearance from CDC’s III, and IV to attend (1) a 1-day, post- diagnosis year, diagnosis day, date of Office of Management and Budget award meeting in Atlanta; and (2) an birth, race, site, subsite, histology, (OMB), and other clearances as additional 2-day meeting in a city to be grade, sequence, laterality, gender, and appropriate. determined later. treatment. f. Collaborate to produce technical The narrative should consist of, at a b. Determine completeness, reports or manuscripts for peer- reviewed publications as appropriate. minimum, a Plan, Objectives, Methods, timeliness, and quality of the registry Evaluation and Budget. data on oral and pharyngeal cancers E. Content (defined by ICD–O–2 as C00–C14; ICD– F. Submission and Deadline Letter of Intent (LOI) 9 as 140–149; or as defined by other Letter of Intent (LOI) codes) at several time intervals. A LOI is optional for this program. c. Identify any unique problems However, a non-binding LOI to apply is On or before June 8, 2001, submit the associated with reporting and tabulating requested from potential applicants. The LOI to the Grants Management data on oral and pharyngeal cancers, narrative should be no more than 2, Specialist identified in the ‘‘Where to including assessment of source data and single-spaced pages, printed on one Obtain Additional Information’’ section reporting from non-hospital facilities, side, with one inch margins, and of this announcement. such as pathology laboratories, dental unreduced font. Your letter should Application clinics, and oral surgeons. include the following information: d. Estimate the number of oral and announcement number, name of the Submit the original and five copies of pharyngeal cases diagnosed and treated principal investigator, and specifically PHS–398 (OMB Number 0925–0001) in non-hospital facilities. which Parts the applicant plans to apply (adhere to the instructions on the Errata e. Evaluate any deficiencies in for. Instruction Sheet for PHS 398). Forms completeness, timeliness, and quality of are available in the application kit and oral/pharyngeal cancer data, and the Pre-application Conference Call at the following Internet address: potential effects of such deficiencies on A pre-application conference call is http://www.cdc.gov/od/pgo/ the reliability and validity of incidence scheduled for June 20th at 1:00 p.m. forminfo.htm. and survival estimates. Propose specific Eligible applicants are invited to On or before July 1, 2001, submit the solutions to the deficiencies identified. participate in this conference call. The application to the Grants Management f. Evaluate potential strategies for purpose of the conference call will be to Specialist identified in the ‘‘Where to collapsing data in order to obtain communicate the logistics of the Obtain Additional Information’’ section reliable and stable estimates of application process and to respond to of this announcement.
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Deadline: Applications shall be (3) A statement as to whether the resumes with qualifying experience of considered as meeting the deadline if design of the study is adequate to key personnel indicate an ability to they are either: measure differences when warranted. carry out the project. (4) A statement as to whether the 1. Received on or before the deadline Part II date; or plans for recruitment and outreach for 2. Sent on or before the deadline date study participants include the process 1. Program Need (15 points) and received in time for submission to of establishing partnerships with a. The extent to which the applicant the independent review group. community(ies) and recognition of demonstrates an effective commitment (Applicants must request a legibly dated mutual benefits. (2 points) and understanding to the project, as U.S. Postal Service postmark or obtain 2. Objectives (10 points) documented through letters of support, a legibly dated receipt from a background and need for a standardized commercial carrier or U.S. Postal a. The extent to which the applicant pathology report. (5 points) Service. Private metered postmarks shall demonstrates that the proposed program b. The extent to which a description not be acceptable as proof of timely objectives are measurable, specific, regarding the impact of using mailing.) time-phased, and related to the recipient standardized content in the collection activities, program purpose, and Late: Applications which do not meet and reporting of pathology data in program need. (3 points) general, and specifically for the targeted the criteria in 1. or 2. above will be b. The extent to which a description returned to the applicant. cancer sites, colon and rectum, is regarding the feasibility of provided. (5 points) G. Evaluation Criteria implementing a North American/ c. The extent to which a description European study protocol such as the Each application will be evaluated of the need for standardized, electronic Concord study protocol and U.S. point reporting of pathology data for the individually against the following of contact activities, including criteria by an independent review group targeted cancers to cancer registries is collecting and reporting data from provided. (5 points) appointed by CDC. medical abstract review and processing Budget (not scored) and reporting data to the Concord 2. Plan of Operation (45 points) Analytic Data Center in Rome, Italy, and a. The extent to which a plan is The extent to which the budget is the extent to which feasibility is provided to determine the strengths and reasonable, clearly justified, consistent demonstrated by the description. (7 limitations for implementation of the with the demonstrated need and points) SNOMED-encoded CAP protocols for proposed activities, and likely to lead to the target sites, for both clinical program success. 3. Methods (40 points) purposes and cancer surveillance Human Subjects (not scored) a. The extent to which the applicant purposes. (5 points) describes strengths and limitations for b. The extent to which the applicant Does the application adequately implementing a North American/ proposes to apply clinical ANSI address the requirements of Title 45 European study protocol such as the standards and others, such as HL7, CFR Part 46 for the protection of human Concord study, the U.S. patterns of care SNOMED and Logical Identifiers, subjects? (Not scored; however, an activities, and (optional) breast cancer Names, and Codes (LOINC), to the application can be disapproved if the screening linkage study. (10 points) implementation of the protocols and research risks are sufficiently serious b. The extent to which the applicant subsequent data reporting for and protection against risks is so demonstrates sufficient knowledge, surveillance purposes. (7 points) inadequate as to make the entire capacity and plans to implement and c. The extent to which the applicant application unacceptable.) coordinate data collection, data provides sufficient knowledge, capacity Specific evaluation criteria for each reporting, and data linkage, given the and plans to work with clinical ANSI part are as follows: strengths and limitations described. (20 standards and others, such as HL7, Part I points) SNOMED and LOINC. (7 points) c. The extent to which the applicant d. The extent to which the applicant 1. Program Need (5 points) describes appropriate use of technology proposes methodologies for a. The extent to which the applicant to apply to the collection, linkage and implementation of the protocols, which demonstrates an effective understanding processing of the data. (5 points) are standards-based, flexible, and of the background of the problem d. The extent to which plans for portable for other protocols and data (variable quality of patterns of care and collaborative data analysis and reporting environments. (6 points) validity of stage and treatment data in manuscript preparation are included. (5 e. The extent to which the applicant the registry), a need for the project, and points) addresses the electronic reporting challenges, needs, and strategies to a commitment to its execution. (3 4. Evaluation (20 points) points) implement the protocol. (6 points) The extent to which the applicant f. The extent to which the applicant b. The degree to which the applicant describes adequate plans for providing plans to follow through with the has met the CDC Policy requirements on-going communication including electronic reporting of the protocol. (5 regarding the inclusion of women, feedback and quality control suggestions points) ethnic, and racial groups in the for improvement and implementation of g. The extent to which the applicant proposed research. This includes: study protocols. proposes to use technologies for the (1) The proposed plan for the implementation of the protocol. (3 5. Program Management and Staffing inclusion of both sexes (not applicable points) for Breast or Prostate sites) and racial Plan (25 points) h. The extent to which proposed and ethnic minority populations for The extent to which proposed technologies are linked with existing appropriate representation. staffing, management and organizational capacities. (4 points) (2) The proposed justification when structure, staff background and i. The degree to which the applicant representation is limited or absent. experience, job descriptions and has met the CDC Policy requirements
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regarding the inclusion of women, 3. Methods (40 points) 2. Objectives (15 points) ethnic, and racial groups in the a. The extent to which the applicant The extent to which the applicant proposed research. This includes: demonstrates sufficient knowledge, demonstrates that the proposed program (1) The proposed plan for the capacity and plans to implement and objectives are measurable, specific, inclusion of both sexes and racial and coordinate data collection, data time-phased, and related to the recipient ethnic minority populations for reporting activities, and data linkage, activities, program purpose, and appropriate representation. given the strengths and limitations program need. (2) The proposed justification when described. (20 points) 3. Methods (35 points) representation is limited or absent. b. The extent to which the applicant (3) A statement as to whether the describes appropriate use of technology a. The extent to which the applicant design of the study is adequate to to apply to the collection, linkage and adequately describes (23 points) measure differences when warranted. processing of the data. (10 points) (1) The methods that will be used to accomplish the objectives of the project, (4) A statement as to whether the c. The extent to which plans for including plans to sample an adequate plans for recruitment and outreach for collaborative data analysis and number of cases for assessing study participants include the process manuscript preparation are included. (5 completeness and data quality. of establishing partnerships with points) (2) Proposed strategies and activities community(ies) and recognition of d. The degree to which the applicant that are appropriate and feasible to mutual benefits. (2 points) has met the CDC Policy requirements regarding the inclusion of women, achieve the project. 3. Evaluation (20 points) ethnic, and racial groups in the b. The extent to which the timetable incorporates project activities and a. The extent to which the applicant proposed research. This includes: (5 points) milestones and is specific, measurable, describes plans providing feedback and and realistic. (10 points) quality control suggestions to the (1) The proposed plan for the c. The degree to which the applicant improvement and implementation of the inclusion of racial and ethnic minority has met the CDC Policy requirements protocol for the needs of pathologists populations for appropriate regarding the inclusion of women, and cancer registries. (10 points) representation. (2) The proposed justification when ethnic, and racial groups in the b. The extent to which the applicant proposed research. This includes: plans to analyze and document the representation is limited or absent. (3) A statement as to whether the (1) The proposed plan for the impact of the protocol on the collection inclusion of both sexes and racial and and reporting of timely, complete, design of the study is adequate to measure differences when warranted. ethnic minority populations for accurate, and uniform pathology-related appropriate representation. data. (10 points) (4) A statement as to whether the plans for recruitment and outreach for (2) The proposed justification when 4. Project Management and Staffing Plan study participants include the process representation is limited or absent. (20 points) of establishing partnerships with (3) A statement as to whether the design of the study is adequate to a. The extent to which proposed community(ies) and recognition of mutual benefits. measure differences when warranted. staffing, management and organizational (4) A statement as to whether the structure, staff background and 4. Evaluation (20 points) plans for recruitment and outreach for experience, job descriptions and The extent to which the applicant study participants include the process resumes with qualifying experience of provides an evaluation plan that is of establishing partnerships with key personnel indicate an ability to appropriate for measuring progress community(ies) and recognition of carry out the project. (10 points) toward achieving objectives and mutual benefits. (2 points) b. The extent to which the applicant identifying contributing factors when 4. Evaluation (15 points) provides appropriate documentation objectives are not met. regarding key partners (including The extent to which the applicant pathologists and/or registry personnel) 5. Project Management and Staffing Plan provides an evaluation plan that is and their involvement in the project. (10 (25 points) appropriate for measuring points) The extent to which proposed accomplishment of project objectives and identifying contributing factors Part III staffing, management and organizational structure, staff background and when objectives are not met. 1. Program Need (5 points) experience, job descriptions and 5. Project Management and Staffing Plan The extent to which the applicant resumes with qualifying experience of (20 points) key personnel indicate an ability to demonstrates an effective understanding The extent to which proposed carry out the project. of the background of the problem staffing, management and organizational (variable quality of patterns of care and Part IV structure, staff background and validity of stage and treatment data in experience, job descriptions and 1. Program Need (15 points) the registry), a need for the project, and resumes with qualifying experience of a commitment to its execution. The extent to which the applicant key personnel indicate ability to carry 2. Objectives (10 points) demonstrates eligibility as required out the project. under this program announcement, The extent to which the applicant describes existing strengths and H. Other Requirements demonstrates that the proposed program limitations of the registry, and provides Provide CDC with original plus two objectives are measurable, specific, evidence of access to adequate numbers copies of time-phased, and related to the recipient of oral and pharyngeal cancer cases by 1. an annual progress report, activities, program purpose, and race and gender to support addressing progress toward achieving program need. accomplishment of the project purpose. objectives detailed in the application,
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due 90 days after the end of each budget Health Promotion, Centers for Disease Federal Register of May 23, 2001, The period; Control and Prevention, 4770 Buford Program Announcement number was 2. a financial status report, no more Hwy., NE, MS–K53, Atlanta, GA incorrect. than 90 days after the end of the budget 30341–3717, Telephone number: FOR FURTHER INFORMATION CONTACT: period; and (770) 488–3006, Email address: Cynthia R. Collins, 770–488–2757 3. a final financial and performance [email protected] Correction. report, no more than 90 days after the end of the project period. Part II In the Federal Register of May 23, Send all reports to the Grants Warren Williams, MPH, Cancer 2001, in FR Vol 66, No. 100, Doc. 01– Management Specialist identified in the Surveillance Branch, Division of 12984, on page 28518, in the third ‘‘Where to Obtain Additional Cancer Prevention and Control, column, correct the ‘‘Program Information’’ section of this National Center for Chronic Disease Announcement number’’ caption to announcement. Prevention and Health Promotion, read: [Program Announcement 011230] The following additional Centers for Disease Control and as set forth in the heading above. requirements are applicable to this Prevention, 4770 Buford Hwy., NE, Dated: May 25, 2001. program. For a complete description of MS–K53, Atlanta, GA 30341–3717, Henry S. Cassell III, each, see Attachment I of the Telephone number: (770) 488–3095, Acting Director, Procurement and Grants announcement. Email address: [email protected] Office, Centers for Disease Control and AR–1 Human Subjects Requirements Prevention (CDC). Part III AR–2 Requirements for Inclusion of [FR Doc. 01–13735 Filed 5–31–01; 8:45 am] Women and Racial and Ethnic Pamela Logan, MD, MPH, Cancer BILLING CODE 4163–18–M Minorities in Research Surveillance Branch, Division of Cancer AR–7 Executive Order 12372 Review Prevention and Control, National Center AR–8 Public Health System Reporting for Chronic Disease Prevention and DEPARTMENT OF HEALTH AND Requirements Health Promotion, Centers for Disease HUMAN SERVICES AR–9 Paperwork Reduction Act Control and Prevention, 4770 Buford Requirements Hwy., NE, MS–K53, Atlanta, GA 30341– Centers for Disease Control and AR–10 Smoke-Free Workplace 3717, Telephone number: (770) 488– Prevention Requirements 4292, Email address: [email protected] AR–11 Healthy People 2010 Part IV [Program Announcement 01053] AR–12 Lobbying Restrictions AR–22 Research Integrity Claudia Vousden, RN, MPH, Program An Assessment of Respiratory Health Services Branch, Division of Oral Effects From Exposure to Traffic I. Authority and Catalog of Federal Health, National Center for Chronic Particulate Emissions at a U.S.-Canada Domestic Assistance Number Disease Prevention and Health Border Crossing in Western New York; This program is authorized under Promotion, Centers for Disease Notice of Availability of Funds section 399H–399L of the Public Health Control and Prevention, 4770 Buford Service Act, [42 U.S.C. sections 280e– Hwy., NE, MS–F10, Atlanta, GA A. Purpose 280e–4; Public Law 102–515], as 30341–3717, Telephone number: The Centers for Disease Control and amended. The Catalog of Federal (770) 488–6056, Email address: Prevention (CDC) announces the Domestic Assistance number is 93.283. [email protected] availability of fiscal year (FY) 2001 J. Where To Obtain Additional Dated: May 25, 2001. funds for a grant project for the Buffalo Information Henry S. Cassell, III, General Foundation for a project examining the impact of air pollution on This and other CDC announcements Acting Director, Procurement and Grants Office, Center for Disease Control and asthma rates and respiratory illness. can be found on the CDC home page Prevention (CDC). This project addresses the ‘‘Healthy Internet address—http://www.cdc.gov. [FR Doc. 01–13738 Filed 5–31–01; 8:45 am] People 2010’’ focus areas of Click on ‘‘Funding’’ then ‘‘Grants and BILLING CODE 4163–18–P Environmental Health and Respiratory Cooperative Agreements.’’ Diseases. To obtain business management B. Eligible Applicant technical assistance, contact: DEPARTMENT OF HEALTH AND Jesse Robertson, Grants Management HUMAN SERVICE Assistance will be provided only to Specialist, Grants Management the Buffalo General Foundation. No Branch, Procurement and Grants Centers for Disease Control and other applications are solicited. Office, Centers for Disease Control Prevention Eligibility is limited to the Buffalo and Prevention, Announcement General Foundation because fiscal year 01102, 2920 Brandywine Road, Room [Program Announcement 01130] 2001 Federal appropriations specifically 3000, MS–E18, Atlanta, GA 30341– National Program To Promote Physical directs CDC to award this foundation 4146, Telephone number: (770) 488– Activity Among Youth; Notice of funds to assess the impact of air 2747, Email address: Availability of Funds Correction pollution on asthma rates and [email protected] respiratory illness. For program technical assistance, AGENCY: Centers for Disease Control and contact: Note: Title 2 of the United States Code, Prevention, HHS. Chapter 26, section 1611 states that an Part I ACTION: Program announcement organization described in section 501(c)(4) of number; correction. the Internal Revenue Code of 1986 that Hannah Weir, PhD, Cancer Surveillance engages in lobbying activities is not eligible Branch, Division of Cancer Prevention SUMMARY: The Centers for Disease to receive Federal funds constituting an and Control, National Center for Control and Prevention published award, grant, cooperative agreement, Chronic Disease Prevention and Program Announcement 01030 in the contract, loan, or any other form.
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C. Availability of Funds collection is to followup on the agency’s Devices.’’ This draft guidance document Approximately $200,676 is available 1999 patient survey and expand provides premarket guidance to the in FY 2001 to support this project. It is information collection to include medical device industry, including third expected that the award will begin on or physicians. party and hospital reprocessors, and to about September 1, 2001, and will be DATES: Submit written or electronic Center for Devices and Radiological made for a 12-month budget period comments on the collection of Health (CDRH) staff, who are within a one year project period. information by June 5, 2001. responsible for the premarket evaluation Funding estimates may change. of submissions for reprocessed single- ADDRESSES: Submit electronic use devices (SUDs) or related D. Where To Obtain Additional comments on the collection of enforcement activities. This draft Information information to: http:// guidance is neither final nor is it in www.accessdata.fda.gov/scripts/oc/ effect at this time. To obtain business management dockets/edockethome.cfm. Submit DATES: Submit written comments on the technical assistance contact: Michael written comments by June 5, 2001, on draft guidance by August 30, 2001. Smiley, Grants Management Specialist, the collection of information to the Grants Management Branch, ADDRESSES: Submit written requests for Dockets Management Branch (HFA– ′′ Procurement and Grants Office, Centers 305), Food and Drug Administration, single copies on a 3.5 diskette of the for Disease Control and Prevention 5630 Fishers Lane, rm. 1061, Rockville, draft guidance document entitled, (CDC), 2920 Brandywine Road, Room MD 20852. All comments should be ‘‘Premarket Guidance: Reprocessing and 3000, MS–E13, Atlanta, GA 30341– identified with the docket number Reuse of Single-Use Devices’’ to the 4146, Telephone: (770) 488–2694, Email found in brackets in the heading of this Division of Small Manufacturers address: [email protected]. document. Assistance (HFZ–220), Center for For program technical assistance, Devices and Radiological Health, Food FOR FURTHER INFORMATION CONTACT: contact: Liane Hostler, Air Pollution and and Drug Administration, 1350 Piccard Karen Nelson, Office of Information Respiratory Health Branch, Division of Dr., Rockville, MD 20850. Send two self- Resources Management (HFA–250), Environmental Hazards and Health addressed adhesive labels to assist that Food and Drug Administration, 5600 Effects, National Center for office in processing your request, or fax Fishers Lane, Rockville, MD 20857, Environmental Health, Centers for your request to 301–443–8818. See the 301–827–1482. Disease Control and Prevention, 1600 SUPPLEMENTARY INFORMATION section for Clifton Road, N.E., MS–E17 Atlanta, GA SUPPLEMENTARY INFORMATION: FDA information on electronic access to the 30333, Telephone: (404) 639–2503, needs information from physicians and guidance document. Email address: [email protected]. patients about their reactions to, and FOR FURTHER INFORMATION CONTACT: Tim behaviors that stem from, DTC Ulatowski, Center for Devices and Dated: May 25, 2001. prescription drug advertising in order to Henry S. Cassell, III, Radiological Health (HFZ–480), Food develop policy on appropriate and Drug Administration, 9200 Director, Procurement and Grants Office, requirements for regulating drug Centers for Disease Control and Prevention Corporate Blvd., Rockville, MD 20850, product promotional materials. The 301–443–8879. (CDC). agency is reopening the comment period SUPPLEMENTARY INFORMATION: [FR Doc. 01–13736 Filed 5–31–01; 8:45 am] for the proposed collections due to BILLING CODE 4163–18–P technical problems encountered on the I. Background electronic comment submission site In the Federal Register of August 14, during the previous comment period. DEPARTMENT OF HEALTH AND 2000 (65 FR 49583), FDA published a HUMAN SERVICES Dated: May 29, 2001. final guidance entitled ‘‘Enforcement Margaret M. Dotzel, Priorities for Single-Use Devices Food and Drug Administration Associate Commissioner for Policy. Reprocessed by Third Parties and Hospitals’’ (‘‘the Enforcement Priorities [Docket No. 01N–0078] [FR Doc. 01–13908 Filed 5–30–01; 11:29 am] BILLING CODE 4160–01–S document’’). The Enforcement Priorities Agency Information Collection document provides guidance to third Activities; Proposed Collections; parties and hospital reprocessors about Reopening of Comment Period; Direct- DEPARTMENT OF HEALTH AND their responsibilities as manufacturers to-Consumer Promotion of HUMAN SERVICES engaged in reprocessing devices labeled Prescription Drugs for SUDs under the Federal Food, Drug, Food and Drug Administration and Cosmetic Act. This draft guidance AGENCY: Food and Drug Administration, document entitled ‘‘Premarket [Docket No. 01D–0232] HHS. Guidance: Reprocessing and Reuse of ACTION: Notice; Reopening of comment Medical Devices Premarket Guidance: Single-Use Devices,’’ expands upon the period. Reprocessing and Reuse of Single-Use summary premarket information in the Devices; Draft Guidance for Industry Enforcement Priorities document. SUMMARY: The Food and Drug and FDA Staff; Availability Administration (FDA) is reopening the II. Significance of Guidance comment period to June 5, 2001, the AGENCY: Food and Drug Administration, This draft guidance document comment period for the two proposed HHS. represents the agency’s current thinking collections of certain information by the ACTION: Notice. on policies and recommendations agency. This notice reopens the regarding premarket regulatory and comment period on surveys of SUMMARY: The Food and Drug technical issues for reprocessed SUDs. It physicians and patients to examine the Administration (FDA) is announcing the does not create or confer any rights for impact of direct-to-consumer (DTC) availability of the draft guidance or on any person and does not operate promotion of prescription drugs. The entitled ‘‘Premarket Guidance: to bind FDA or the public. An purpose of the proposed information Reprocessing and Reuse of Single-Use alternative approach may be used if
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such approach satisfies the applicable Dated: May 22, 2001. regs/prdact95.htm, or E-mail your statute and regulations. Linda S. Kahan, request, including your address, phone The agency has adopted good Deputy Director for Regulations Policy, Center number, OMB number, and HCFA guidance practices (GGPs), which set for Devices and Radiological Health. document identifier, to forth the agency’s policies and [FR Doc. 01–13731 Filed 5–31–01; 8:45 am] [email protected], or call the Reports procedures for the development, BILLING CODE 4160–01–S Clearance Office on (410) 786–1326. issuance, and use of guidance Written comments and documents (21 CFR 10.115; 65 FR recommendations for the proposed 56468, September 19, 2000). This draft DEPARTMENT OF HEALTH AND information collections must be mailed guidance document is issued as a Level HUMAN SERVICES within 60 days of this notice directly to the HCFA Paperwork Clearance Officer 1 guidance in accordance with the GGP Health Care Financing Administration regulations. designated at the following address: [Document Identifier: HCFA–906] HCFA, Office of Information Services, III. Electronic Access Security and Standards Group, Division Agency Information Collection of HCFA Enterprise Standards, In order to receive ‘‘Premarket Activities: Proposed Collection; Attention: Melissa Musotto, Room N2– Guidance: Reprocessing and Reuse of Comment Request 14–26, 7500 Security Boulevard, Single-Use Devices’’ via your fax Baltimore, Maryland 21244–1850. machine, call the CDRH Facts-On- AGENCY: Health Care Financing Dated: May 17, 2001. Demand system at 800–899–0381 or Administration, DHHS. 301–827–0111 from a touch-tone In compliance with the requirement John P. Burke, III, telephone. Press 1 to enter the system. of section 3506(c)(2)(A) of the HCFA Reports Clearance Officer, HCFA Office At the second voice prompt press 1 to Paperwork Reduction Act of 1995, the of Information Services, Security and Health Care Financing Administration Standards Group, Division of HCFA order a document. Enter the document Enterprise Standards. number (1331) followed by the pound (HCFA), Department of Health and [FR Doc. 01–13762 Filed 5–31–01; 8:45 am] sign (#). Follow the remaining voice Human Services, is publishing the prompts to complete your request. following summary of proposed BILLING CODE 4120–03–P collections for public comment. Persons interested in obtaining a copy Interested persons are invited to send DEPARTMENT OF HEALTH AND of the draft guidance may also do so comments regarding this burden HUMAN SERVICES using the Internet. CDRH maintains an estimate or any other aspect of this entry on the Internet for easy access to collection of information, including any Health Care Financing Administration information including text, graphics, of the following subjects: (1) The and files that may be downloaded to a necessity and utility of the proposed [Document Identifier: HCFA–10008] personal computer with access to the information collection for the proper Agency Information Collection Internet. Updated on a regular basis, the performance of the agency’s functions; Activities: Submission For OMB CDRH home page includes the civil (2) the accuracy of the estimated Review; Comment Request money penalty guidance documents burden; (3) ways to enhance the quality, package, device safety alerts, Federal utility, and clarity of the information to In compliance with the requirement Register reprints, information on be collected; and (4) the use of of section 3506(c)(2)(A) of the premarket submissions (including lists automated collection techniques or Paperwork Reduction Act of 1995, the of approved applications and other forms of information technology to Health Care Financing Administration manufacturers’ addresses), small minimize the information collection (HCFA), Department of Health and manufacturers’ assistance, information burden. Human Services, has submitted to the on video conferencing and electronic Type of Information Collection Office of Management and Budget submissions, Mammography Matters, Request: Revision of a Currently (OMB) the following proposal for the and other device-oriented information. Approved Collection; Title of collection of information. Interested The CDRH home page may be accessed Information Collection: The National persons are invited to send comments at http://www.fda.gov/cdrh. Guidance Data Reporting Requirements (NDRR). regarding the burden estimate or any documents are also available on the We are requesting the name of the other aspect of this collection of Dockets Management Branch Internet collection be changed to the Fiscal information, including any of the site at http://www.fda.gov/ohrms/ Soundness Reporting Requirements following subjects: (1) The necessity and dockets/default.htm. (FSRR). and Supporting Regulations in utility of the proposed information IV. Comments 42 CFR 417., .126.478,. 162; Form No.: collection for the proper performance of HCFA–906 (OMB# 0938–0469); Use: the agency’s functions; (2) the accuracy Interested persons may submit to HCFA needs this information to of the estimated burden; (3) ways to Dockets Management Branch (address establish an on-going fiscal soundness enhance the quality, utility, and clarity above) written comments regarding this of the Managed Care Organizations in of the information to be collected; and draft guidance by August 30, 2001. the Medicare+Choice Program; (4) the use of automated collection Submit two copies of any comments, Frequency: Quarterly; Affected Public: techniques or other forms of information except that individuals may submit one Business or other for-profit; Number of technology to minimize the information copy. Comments are to be identified Respondents: 300; Total Annual collection burden. with the docket number found in Responses: 300; Total Annual Hours: Type of Information Collection brackets in the heading of this 301. Request: Reinstatement, without change, document. The draft guidance To obtain copies of the supporting of a previously approved collection for document and received comments may statement and any related forms for the which approval has expired; be seen in the Dockets Management proposed paperwork collections Title of Information Collection: Branch between 9 a.m. and 4 p.m., referenced above, access HCFA’s Web Medical Equipment and Supplies Monday through Friday. Site address at http://www.hcfa.gov/ Consumer Survey;
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Form No.: 10008 (OMB# 0938–0807). information, including any of the DEPARTMENT OF HEALTH AND Use: This survey is necessary to following subjects: (1) The necessity and HUMAN SERVICES collect access, quality, and diversity of utility of the proposed information product selection information from collection for the proper performance of Health Care Financing Administration beneficiaries. These key elements of the the agency’s functions; (2) the accuracy [HCFA–3071–N] evaluation cannot be thoroughly of the estimated burden; (3) ways to evaluated without a beneficiary survey. enhance the quality, utility, and clarity Medicare Program; Meeting of the The information will be presented to of the information to be collected; and Drugs, Biologics, and Therapeutics HCFA and to Congress, who will use the (4) the use of automated collection Panel of the Medicare Coverage results to determine whether the techniques or other forms of information Advisory Committee—June 20, 2001 demonstration should be extended to technology to minimize the information AGENCY: other sites. collection burden. Health Care Financing Frequency: Annually; Administration (HCFA), HHS. Type of Information Collection Affected Public: Individuals or ACTION: Notice of meeting. households; Request: Extension of a previously Number of Respondents: 2,500; approved collection; SUMMARY: This notice announces a Total Annual Responses: 2,500; Title of Information Collection: End public meeting of the Drugs, Biologics, Total Annual Hours: 725. Stage Renal Disease Medical Evidence and Therapeutics Panel (the Panel) of To obtain copies of the supporting Report Medicare Entitlement and/or the Medicare Coverage Advisory statement for the proposed paperwork Patient Registration and Supporting Committee. The Panel provides advice collections referenced above, access Regulations in 42 CFR, 405.2133; and recommendations to us about HCFA’s WEB SITE ADDRESS at http:// clinical issues. The Panel will hear and www.hcfa.gov/regs/prdact95.htm, or E- Form No.: HCFA–2728 (OMB# 0938– discuss presentations from interested mail your request, including your 0046); persons regarding the use of levo- address and phone number, to Use: To capture the necessary medical carnitine in end stage renal disease [email protected], or call the Reports information required to determine patients. Clearance Office on (410) 786–1326. Medicare eligibility of an end stage Notice of this meeting is given under Written comments and renal disease claimant. It also captures the Federal Advisory Committee Act (5 recommendations for the proposed the specific medical data required for U.S.C. App. 2, section 10(a)(1) and information collections must be mailed research and policy decisions on this (a)(2)). within 30 days of this notice directly to population as required by law; DATES: The Meeting: June 20, 2001 from the OMB Desk Officer designated at the Frequency: weekly, monthly, 8 a.m. until 4:30 p.m. E.D.T. following address: OMB Human quarterly, semi-annually, and annually; Deadline for Presentations and Resources and Housing Branch, Affected Public: Individuals or Comments: June 13, 2001, 5 p.m., E.D.T. Attention: Allison Eydt, New Executive Special Accommodations: Persons Office Building, Room 10235, households, business or other for profit, not-for-profit institutions; attending the meeting who are hearing Washington, D.C. 20503. or visually impaired, or have a Dated: May 17, 2001. Number of Respondents: 60,000; condition that requires other special John P. Burke, III, Total Annual Responses: 60,000; assistance or accommodations, are HCFA Reports Clearance Officer, HCFA, Total Annual Hours: 25,000. asked to notify the Executive Secretary Office of Information Services, Security and by June 6, 2001 (see FOR FURTHER Standards Group, Division of HCFA To obtain copies of the supporting INFORMATION CONTACT). statement for the proposed paperwork Enterprise Standards. ADDRESSES: The Meeting: The meeting collections referenced above, access [FR Doc. 01–13760 Filed 5–31–01; 8:45 am] will be held at The Baltimore HCFA’s WEB SITE ADDRESS at http:// BILLING CODE 4120–03–P Convention Center, Rooms 321 and 322, www.hcfa.gov/regs/prdact95.htm, or E- One West Pratt Street, Baltimore, MD mail your request, including your 21201. DEPARTMENT OF HEALTH AND address and phone number, to Presentations and Comments: Submit HUMAN SERVICES [email protected], or call the Reports formal presentations and written Clearance Office on (410) 786–1326. comments to Kimberly A. Long, Health Care Financing Administration Written comments and Executive Secretary; Office of Clinical [Document Identifier: HCFA–2728] recommendations for the proposed Standards and Quality; Health Care information collections must be mailed Financing Administration; 7500 Agency Information Collection within 30 days of this notice directly to Security Boulevard; Mail Stop S3–02– Activities: Submission For OMB the OMB Desk Officer designated at the 01; Baltimore, MD 21244. Review; Comment Request following address: OMB Human Website: You may access up-to-date Resources and Housing Branch, information about this meeting at In compliance with the requirement Attention: Allison Eydt, New Executive of section 3506(c)(2)(A) of the www.hcfa.gov/coverage. Office Building, Room 10235, Hotline: You may access up-to-date Paperwork Reduction Act of 1995, the Washington, D.C. 20503. Health Care Financing Administration information about this meeting on the (HCFA), Department of Health and Dated: May 17, 2001. HCFA Advisory Committee Information Human Services, has submitted to the John P. Burke, III, Hotline, 1–877–449–5659 (toll free) or Office of Management and Budget HCFA Reports Clearance Officer, HCFA Office in the Baltimore area (410) 786–9379. (OMB) the following proposal for the of Information Services, Security and FOR FURTHER INFORMATION CONTACT: collection of information. Interested Standards Group, Division of HCFA Kimberly A. Long, Executive Secretary, persons are invited to send comments Enterprise Standards. 410–786–5702. regarding the burden estimate or any [FR Doc. 01–13761 Filed 5–31–01; 8:45 am] SUPPLEMENTARY INFORMATION: On August other aspect of this collection of BILLING CODE 4120–03–P 13, 1999, we published a notice (64 FR
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44231) announcing an earlier meeting of (Catalog of Federal Domestic Assistance laboratories must meet in order to the Drugs, Biologics, and Therapeutics Program No. 93.774, Medicare— conduct urine drug testing for Federal Panel (the Panel) and also describing the Supplementary Medical Insurance Program) agencies. To become certified an Medicare Coverage Advisory Committee Dated: May 25, 2001. applicant laboratory must undergo three (MCAC), which provides advice and Jeffrey L. Kang, M.D., rounds of performance testing plus an recommendations to us about clinical Director, Office of Clinical Standards and on-site inspection. issues. This notice announces the June Quality, Health Care Financing To maintain that certification a 20, 2001 public MCAC meeting of the Administration. laboratory must participate in a Drugs, Biologics, and Therapeutics [FR Doc. 01–13846 Filed 5–31–01; 8:45 am] quarterly performance testing program Panel. BILLING CODE 4120–01–P plus periodic, on-site inspections. Laboratories which claim to be in the Current Panel Members applicant stage of certification are not to Thomas V. Holohan, M.A., M.D., DEPARTMENT OF HEALTH AND be considered as meeting the minimum FACP; Leslie P. Francis, JD, Ph.D.; HUMAN SERVICES requirements expressed in the HHS Judith A. Cahill, M.A.; Michael L. Substance Abuse and Mental Health Guidelines. A laboratory must have its Friedland, M.D.; Kathy J. Helzlsouer, Services Administration letter of certification from SAMHSA, M.D., M.H.S.; Robert C. Johnson, M.S.; HHS (formerly: HHS/NIDA) which Ronald P. Jordan, R.Ph.; Mitchell Current List of Laboratories Which attests that it has met minimum Sugarman, M.B.A., M.S.; Cathleen M. Meet Minimum Standards To Engage in standards. Dooley, M.A.; Christine M. Grant, JD. Urine Drug Testing for Federal In accordance with Subpart C of the Guidelines, the following laboratories Meeting Topic Agencies meet the minimum standards set forth The Panel will hear and discuss AGENCY: Substance Abuse and Mental in the Guidelines: presentations from interested persons Health Services Administration, HHS. ACL Laboratories, 8901 W. Lincoln regarding the use of levo-carnitine in ACTION: Notice. Ave., West Allis, WI 53227, 414–328– end stage renal disease patients. 7840/800–877–7016 (Formerly: SUMMARY: The Department of Health and Bayshore Clinical Laboratory) Procedure and Agenda Human Services notifies Federal Advanced Toxicology Network, 3560 agencies of the laboratories currently This meeting is open to the public. Air Center Cove, Suite 101, Memphis, certified to meet standards of Subpart C The Panel will hear oral presentations TN 38118, 901–794–5770/888–290– of Mandatory Guidelines for Federal from the public for approximately 2.5 1150 Workplace Drug Testing Programs (59 hours. The Panel may limit the number Aegis Analytical Laboratories, Inc., 345 FR 29916, 29925). A similar notice and duration of oral presentations to the Hill Ave., Nashville, TN 37210, 615– listing all currently certified laboratories time available. If you wish to make 255–2400 will be published during the first week formal presentations you must notify Alabama Reference Laboratories, Inc., of each month, and updated to include the Executive Secretary named in the 543 South Hull St., Montgomery, AL laboratories which subsequently apply FOR FURTHER INFORMATION CONTACT 36103, 800–541–4931 / 334–263–5745 for and complete the certification section of this notice. In addition, you Alliance Laboratory Services, 3200 process. If any listed laboratory’s must submit the following by the Burnet Ave., Cincinnati, OH 45229, certification is totally suspended or Deadline for Presentations and 513–585–9000 (Formerly: Jewish revoked, the laboratory will be omitted Comments date listed in the DATES Hospital of Cincinnati, Inc.) from updated lists until such time as it section of this notice: a brief statement American Medical Laboratories, Inc., is restored to full certification under the of the general nature of the evidence or 14225 Newbrook Dr., Chantilly, VA Guidelines. arguments you wish to present and the 20151, 703–802–6900 If any laboratory has withdrawn from names and addresses of proposed Associated Pathologists Laboratories, the National Laboratory Certification participants; and a written copy of your Inc., 4230 South Burnham Ave., Suite Program during the past month, it will presentation to the Executive Secretary 250, Las Vegas, NV 89119–5412, 702– be listed at the end, and will be omitted before the meeting. We will request that 733–7866 / 800–433–2750 you declare at the meeting whether or from the monthly listing thereafter. This Notice is also available on the Baptist Medical Center—Toxicology not you have any financial involvement Laboratory, 9601 I–630, Exit 7, Little with manufacturers of any items or internet at the following website: http://www.health.org/workplace. Rock, AR 72205–7299, 501–202–2783 services being discussed (or with their (Formerly: Forensic Toxicology competitors). FOR FURTHER INFORMATION CONTACT: Mrs. Laboratory Baptist Medical Center) ] After the public and our Giselle Hersh or Dr. Walter Vogl, Clinical Laboratory Partners, LLC, 129 presentations, the Panel will deliberate Division of Workplace Programs, 5600 East Cedar St., Newington, CT 06111, openly on the topic. Interested persons Fishers Lane, Rockwall 2 Building, 860–696–8115 (Formerly: Hartford may observe the deliberations, but the Room 815, Rockville, Maryland 20857; Hospital Toxicology Laboratory) Panel will not hear further comments Tel.: (301) 443–6014, Fax: (301) 443– Clinical Reference Lab, 8433 Quivira during this time except at the request of 3031. Rd., Lenexa, KS 66215–2802 800– the chairperson. The Panel will also SUPPLEMENTARY INFORMATION: 445–6917 allow approximately a 30-minute open Mandatory Guidelines for Federal Cox Health Systems, Department of public session for any attendee to Workplace Drug Testing were developed Toxicology, 1423 North Jefferson address issues specific to the topic. At in accordance with Executive Order Ave., Springfield, MO 65802, 800– the conclusion of the day, the members 12564 and section 503 of Pub. L. 100– 876–3652 / 417–269–3093 (Formerly: will vote and the Panel will make its 71. Subpart C of the Guidelines, Cox Medical Centers) recommendation. ‘‘Certification of Laboratories Engaged Dept. of the Navy, Drug Screening Authority: 5 U.S.C. App. 2, section 10(a)(1) in Urine Drug Testing for Federal Laboratory, Great Lakes, IL, Building and (a)(2). Agencies,’’ sets strict standards which 38–H, P. O. Box 88–6819, Great Lakes,
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IL 60088–6819, 847–688–2045 / 847– CompuChemLaboratories, Inc., A Poisonlab, Inc., 7272 Clairemont Mesa 688–4171 Subsidiary of Roche Biomedical Blvd., San Diego, CA 92111, 858–279– Diagnostic Services Inc., dba DSI, 12700 Laboratory; Roche CompuChem 2600/800–882–7272 Westlinks Drive, Fort Myers, FL Laboratories, Inc., A Member of the Quest Diagnostics Incorporated, 3175 33913, 941–561–8200 / 800–735–5416 Roche Group) Presidential Dr., Atlanta, GA 30340, Doctors Laboratory, Inc., PO. Box 2658, Laboratory Corporation of America 770–452–1590 (Formerly: SmithKline 2906 Julia Dr., Valdosta, GA 31602, Holdings, 1120 Stateline Road West, Beecham Clinical Laboratories, 912–244–4468 Southaven, MS 38671, 866–827–8042/ SmithKline Bio-Science Laboratories) DrugProof, Division of Dynacare/ 800–233–6339 (Formerly: LabCorp Quest Diagnostics Incorporated, 4444 Laboratory of Pathology, LLC 1229 Occupational Testing Services, Inc., Giddings Road, Auburn Hills, MI Madison St., Suite 500, Nordstrom MedExpress/National Laboratory 48326, 248–373–9120/800–444–0106 Medical Tower, Seattle, WA 98104 Center) (Formerly: HealthCare/Preferred 206–386–2672 / 800–898–0180 Marshfield Laboratories, Forensic Laboratories, HealthCare/MetPath, (Formerly: Laboratory of Pathology of Toxicology Laboratory, 1000 North CORNING Clinical Laboratories) Seattle, Inc., DrugProof, Division of Oak Ave., Marshfield, WI 54449, 715– Quest Diagnostics Incorporated, 4770 Laboratory of Pathology of Seattle, 389–3734/800–331–3734 Regent Blvd., Irving, TX 75063, 800– Inc.) MAXXAM Analytics Inc.*, 5540 842–6152 (Moved from the Dallas DrugScan, Inc., P.O. Box 2969, 1119 McAdam Rd., Mississauga, ON, location on 03/31/01; Formerly: Mearns Rd., Warminster, PA 18974, Canada L4Z 1P1, 905–890–2555 SmithKline Beecham Clinical 215–674–9310 (Formerly: NOVAMANN (Ontario) Laboratories, SmithKline Bio-Science Dynacare Kasper Medical Laboratories,* Inc.) Laboratories) 14940–123 Ave., Edmonton, Alberta, Medical College Hospitals Toxicology Canada T5V1B4, 780–451–3702/800– Laboratory, Department of Pathology, Quest Diagnostics Incorporated, 801 661–9876 3000 Arlington Ave., Toledo, OH East Dixie Ave., Suite 105A, Leesburg, ElSohly Laboratories, Inc., 5 Industrial 43699, 419–383–5213 FL 34748, 352–787–9006x4343 Park Dr., Oxford, MS 38655, 662–236– MedTox Laboratories, Inc., 402 W. (Formerly: SmithKline Beecham 2609 County Rd. D, St. Paul, MN 55112, Clinical Laboratories, Doctors & Express Analytical Labs, 1301 18th Ave. 651–636–7466/800–832–3244 Physicians Laboratory) NW., Suite 110, Austin, MN 55912, MetroLab-Legacy Laboratory Services, Quest Diagnostics Incorporated, 400 507–437–7322 1225 NE 2nd Ave., Portland, OR Egypt Rd., Norristown, PA 19403, Gamma-Dynacare Medical 97232, 503–413–5295/800–950–5295 610–631–4600/800–877–7484 Laboratories,* A Division of the Minneapolis Veterans Affairs Medical (Formerly: SmithKline Beecham Gamma-Dynacare Laboratory Center, Forensic Toxicology Clinical Laboratories, SmithKline Bio- Partnership, 245 Pall Mall St., Laboratory, 1 Veterans Drive, Science Laboratories) London, ONT, Canada N6A 1P4, 519– Minneapolis, Minnesota 55417, 612– Quest Diagnostics Incorporated, 506 E. 679–1630 725–2088 State Pkwy., Schaumburg, IL 60173, General Medical Laboratories, 36 South National Toxicology Laboratories, Inc., 800–669–6995/847–885–2010 Brooks St., Madison, WI 53715, 608– 1100 California Ave., Bakersfield, CA (Formerly: SmithKline Beecham 267–6267 93304, 661–322–4250/800–350–3515 Clinical Laboratories, International Integrated Regional Laboratories, 5361 Northwest Drug Testing, a division of Toxicology Laboratories) NW 33rd Avenue, Fort Lauderdale, FL NWT Inc., 1141 E. 3900 South, Salt Quest Diagnostics Incorporated, 7470 33309, 954–777–0018, 800–522–0232 Lake City, UT 84124, 801–293–2300/ Mission Valley Rd., San Diego, CA (Formerly: Cedars Medical Center, 800–322–3361, (Formerly: NWT Drug 92108–4406, 619–686–3200/800–446– Department of Pathology) Testing, NorthWest Toxicology, Inc.) 4728 (Formerly: Nichols Institute, Kroll Laboratory Specialists, Inc., 1111 One Source Toxicology Laboratory, Inc., Nichols Institute Substance Abuse Newton St., Gretna, LA 70053, 504– 1705 Center Street, Deer Park, TX Testing (NISAT), CORNING Nichols 361–8989/800–433–3823 (Formerly: 77536, 713–920–2559 (Formerly: Institute, CORNING Clinical Laboratory Specialists, Inc.) University of Texas Medical Branch, Laboratories) LabOne, Inc., 10101 Renner Blvd., Clinical Chemistry Division; UTMB Quest Diagnostics Incorporated, One Lenexa, KS 66219, 913–888–3927/ Pathology-Toxicology Laboratory) Malcolm Ave., Teterboro, NJ 07608, 800–728–4064 (Formerly: Center for Oregon Medical Laboratories, P.O. Box 201–393–5590 (Formerly: MetPath, Laboratory Services, a Division of 972, 722 East 11th Ave., Eugene, OR Inc., CORNING MetPath Clinical LabOne, Inc.) 97440–0972, 541–687–2134 Laboratories, CORNING Clinical Laboratory Corporation of America Pacific Toxicology Laboratories, 6160 Laboratory) Holdings, 7207 N. Gessner Road, Variel Ave., Woodland Hills, CA Quest Diagnostics Incorporated, 7600 Houston, TX 77040, 713–856–8288/ 91367, 818–598–3110/800–328–6942 Tyrone Ave., Van Nuys, CA 91405, 800–800–2387 (Formerly: Centinela Hospital Airport 818–989–2520 / 800–877–2520 Laboratory Corporation of America Toxicology Laboratory) Holdings, 69 First Ave., Raritan, NJ Pathology Associates Medical (Formerly: SmithKline Beecham 08869, 908–526–2400/800–437–4986 Laboratories, 11604 E. Indiana Ave., Clinical Laboratories) (Formerly: Roche Biomedical Spokane, WA 99206, 509–926–2400/ Scientific Testing Laboratories, Inc., 463 Laboratories, Inc.) 800–541–7891 Southlake Blvd., Richmond, VA Laboratory Corporation of America PharmChem Laboratories, Inc., Texas 23236, 804–378–9130 Holdings, 1904 Alexander Drive, Division, 7606 Pebble Dr., Fort Worth, S.E.D. Medical Laboratories, 5601 Office Research Triangle Park, NC 27709, TX 76118, 817–215–8800 (Formerly: Blvd., Albuquerque, NM 87109, 505– 919–572–6900/800–833–3984 Harris Medical Laboratory) 727–6300/800–999–5227 (Formerly: LabCorp Occupational Physicians Reference Laboratory, 7800 South Bend Medical Foundation, Inc., Testing Services, Inc., CompuChem West 110th St., Overland Park, KS 530 N. Lafayette Blvd., South Bend, Laboratories, Inc.; 66210, 913–339–0372/800–821–3627 IN 46601, 219–234–4176
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Southwest Laboratories, 2727 W. that DOT certify the laboratory (Federal [email protected]; telephone Baseline Rd., Tempe, AZ 85283, 602– Register, 16 July 1996) as meeting the (202) 708–2374. This is not a toll-free 438–8507/800–279–0027 minimum standards of the ‘‘Mandatory number. Copies of the proposed forms Sparrow Health System, Toxicology Guidelines for Workplace Drug Testing’’ and other available documents Testing Center, St. Lawrence Campus, (59 Federal Register, 9 June 1994, Pages submitted to OMB may be obtained 1210 W. Saginaw, Lansing, MI 48915, 29908–29931). After receiving the DOT from Mr. Eddins. 517–377–0520 (Formerly: St. certification, the laboratory will be SUPPLEMENTARY INFORMATION: The Lawrence Hospital & Healthcare included in the monthly list of DHHS Department has submitted the proposal System) certified laboratories and participate in for the collection of information, as St. Anthony Hospital Toxicology the NLCP certification maintenance described below, to OMB for review, as Laboratory, 1000 N. Lee St., program. required by the Paperwork Reduction Oklahoma City, OK 73101, 405–272– Richard Kopanda, Act (44 U.S.C. Chapter 35). The Notice 7052 Executive Officer, Substance Abuse and lists the following information: (1) The Toxicology & Drug Monitoring Mental Health Services Administration. title of the information collection Laboratory, University of Missouri [FR Doc. 01–13733 Filed 5–31–01; 8:45 am] proposal; (2) the office of the agency to Hospital & Clinics, 2703 Clark Lane, BILLING CODE 4160–20–P collect the information; (3) the OMB Suite B, Lower Level, Columbia, MO approval number, if applicable; (4) the 65202, 573–882–1273 description of the need for the Toxicology Testing Service, Inc., 5426 information and its proposed use; (5) N.W. 79th Ave., Miami, FL 33166, DEPARTMENT OF HOUSING AND the agency form number, if applicable; 305–593–2260 URBAN DEVELOPMENT (6) what members of the public will be Universal Toxicology Laboratories, LLC, [Docket No. FR–4650–N–39] affected by the proposal; (7) how 9930 W. Highway 80, Midland, TX frequently information submissions will 79706, 915–561–8851/888–953–8851 Notice of Submission of Proposed be required; (8) an estimate of the total The following laboratory voluntarily Information Collection to OMB; number of hours needed to prepare the withdrew from the National Laboratory Minimum Property Standards for information submission including Certification Program on May 31, 2001: Housing number of respondents, frequency of response, and hours of response; (9) PharmChem Laboratories, Inc., 1505–A AGENCY: Office of the Chief Information whether the proposal is new, an O’Brien Dr., Menlo Park, CA 94025 Officer, HUD. extension, reinstatement, or revision of 650–328–6200/800–446–5177 ACTION: Notice. an information collection requirement; * The Standards Council of Canada and (10) the name and telephone (SCC) voted to end its Laboratory SUMMARY: The proposed information number of an agency official familiar Accreditation Program for Substance collection requirement described below with the proposal and of the OMB Desk Abuse (LAPSA) effective May 12, 1998. has been submitted to the Office of Officer for the Department. Laboratories certified through that Management and Budget (OMB) for This Notice also lists the following program were accredited to conduct review, as required by the Paperwork information: forensic urine drug testing as required Reduction Act. The Department is Title of Proposal: Minimum Property by U.S. Department of Transportation soliciting public comments on the Standards for Housing. (DOT) regulations. As of that date, the subject proposal. certification of those accredited OMB Approval Number: 2502–0321. DATES: Comments Due Date: July 2, Form Numbers: None. Canadian laboratories will continue 2001. under DOT authority. The responsibility Description of the Need for the for conducting quarterly performance ADDRESSES: Interested persons are Information and Its Proposed Use: testing plus periodic on-site inspections invited to submit comments regarding Information on local property standards of those LAPSA-accredited laboratories this proposal. Comments should refer to for assisted multifamily housing and was transferred to the U.S. DHHS, with the proposal by name and/or OMB care-type facilities is collected from the DHHS’ National Laboratory approval number (2502–0321) and State and local governments to assess Certification Program (NLCP) contractor should be sent to: Joseph F. Lackey, Jr., the equivalency of their existing continuing to have an active role in the OMB Desk Officer, Office of housing standards in meeting HUD’s performance testing and laboratory Management and Budget, Room 10235, minimum requirements. If such State or inspection processes. Other Canadian New Executive Office Building, local codes are deemed equivalent, HUD laboratories wishing to be considered Washington, DC 20503. assisted properties need only comply for the NLCP may apply directly to the FOR FURTHER INFORMATION CONTACT: with such equivalent codes. NLCP contractor just as U.S. laboratories Wayne Eddins, Reports Management Respondents: State, Local or Tribal do. Officer, Q, Department of Housing and Government. Upon finding a Canadian laboratory to Urban Development, 451 Seventh Street, Frequency of Submission: On be qualified, the DHHS will recommend SW., Washington, DC 20410; e-mail occasion.
Number of re- × Frequency of × Hours per re- Burden Reporting Burden spondents response sponse = hours
1,350 1 8 10,800
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Total Estimated Burden Hours: DATES: Comments Due Date: July 2, description of the need for the 10,800. 2001. information and its proposed use; (5) Status: Extension of a currently the agency form number, if applicable; ADDRESSES: Interested persons are approved collection. (6) what members of the public will be invited to submit comments regarding affected by the proposal; (7) how Authority: Section 3507 of the Paperwork this proposal. Comments should refer to frequently information submissions will Reduction Act of 1995, 44 U.S.C. 35, as the proposal by name and/or OMB be required; (8) an estimate of the total amended. approval number (2502–0422) and number of hours needed to prepare the Dated: May 22, 2001. should be sent to: Joseph F. Lackey, Jr., information submission including Wayne Eddins, OMB Desk Officer, Office of number of respondents, frequency of Management and Budget, Room 10235, Departmental Reports Management Officer, response, and hours of response; (9) Office of the Chief Information Officer. New Executive Office Building, whether the proposal is new, an Washington, DC 20503. [FR Doc. 01–13718 Filed 5–31–01; 8:45 am] extension, reinstatement, or revision of BILLING CODE 4210–01–M FOR FURTHER INFORMATION CONTACT: an information collection requirement; Wayne Eddins, Reports Management and (10) the name and telephone Officer, Q, Department of Housing and number of an agency official familiar DEPARTMENT OF HOUSING AND Urban Development, 451 Seventh Street, with the proposal and of the OMB Desk URBAN DEVELOPMENT SW., Washington, DC 20410; e-mail Officer for the Department. This Notice [Docket No. FR–4650–N–40] [email protected]; telephone also lists the following information: (202) 708–2374. This is not a toll-free Title of Proposal: Mortgage Record Notice of Submission of Proposed number. Copies of the proposed forms Change. Information Collection to OMB; and other available documents OMB Approval Number: 2502–0422. Mortgage Record Change submitted to OMB may be obtained Form Numbers: None. from Mr. Eddins AGENCY: Office of the Chief Information Description of the Need for the Officer, HUD. SUPPLEMENTARY INFORMATION: The Information and Its Proposed Use: The ACTION: Notice. Department has submitted the proposal Mortgage Record Change information is for the collection of information, as provided by FHA-approved mortgagees SUMMARY: The proposed information described below, to OMB for review, as to comply with HUD requirements for collection requirement described below required by the Paperwork Reduction reporting the sale of a mortgage between has been submitted to the Office of Act (44 U.S.C. Chapter 35). The Notice investors and/or the transfer of the Management and Budget (OMB) for lists the following information: (1) The mortgage servicing responsibility, as review, as required by the Paperwork title of the information collection appropriate. Reduction Act. The Department is proposal; (2) the office of the agency to Respondents: State, Local or Tribal soliciting public comments on the collect the information; (3) the OMB Government. subject proposal. approval number, if applicable; (4) the Frequency of Submission: Quarterly.
Number of × Frequency of × Hours per respondents response response = Burden hours
Reporting Burden 6,000 467 0.1 62,000
Total Estimated Burden Hours: ACTION: Notice. and real property that HUD has 262,000. reviewed for suitability for use to assist Status: Reinstatement of a previously SUMMARY: This Notice identifies the homeless. unutilized, underutilized, excess, and approved collection for which approval Today’s Notice is for the purpose of has expired. surplus Federal property reviewed by HUD for suitability for possible use to announcing that no additional Authority: Section 3507 of the Paperwork assist the homeless. properties have been determined Reduction Act of 1995, 44 U.S.C. 35, as suitable or unsuitable this week. amended. EFFECTIVE DATE: June 1, 2001. Dated: May 24, 2001. FOR FURTHER INFORMATION CONTACT: Dated: May 23, 2001. John D. Garrity, Wayne Eddins, Clifford Taffet, Department of Housing and Urban Development, Room 7262, Director, Office of Special Needs Assistance Departmental Reports Management Officer, Programs. Office of the Chief Information Officer. 451 Seventh Street SW., Washington, DC 20410; telephone (202) 708–1234; [FR Doc. 01–13573 Filed 5–31–01; 8:45 am] [FR Doc. 01–13719 Filed 5–31–01; 8:45 am] TTY number for the hearing- and BILLING CODE 4210–29–M BILLING CODE 4210–01–M speech-impaired (202) 708–2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line DEPARTMENT OF HOUSING AND DEPARTMENT OF THE INTERIOR URBAN DEVELOPMENT at 1–800–927–7588. SUPPLEMENTARY INFORMATION: In Bureau of Indian Affairs [Docket No. FR–4644–N–22] accordance with the December 12, 1988 Federal Property Suitable as Facilities court order in National Coalition for the Proclaiming Certain Lands as To Assist the Homeless Homeless v. Veterans Administration, Reservation for the Pueblo of Isleta No. 88–2503–OG (D.D.C.), HUD Indians in New Mexico AGENCY: Office of the Assistant publishes a Notice, on a weekly basis, Secretary for Community Planning and identifying unutilized, underutilized, AGENCY: Bureau of Indian Affairs, Development, HUD. excess and surplus Federal buildings Interior.
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ACTION: Notice of reservation and Telegraph Company by document consideration, the deadline for proclamation. dated October 27, 1975, filed December responses is July 23, 2001. Comments 30, 1975, in Book Misc. 456, page 190, on the adequacy of responses may be SUMMARY: This notice announces that as Document No. 75–1947A, records of filed with the Commission by August the Assistant Secretary—Indian Affairs Bernalillo County, New Mexico, and as 15, 2001. For further information proclaimed approximately 58 acres, shown and provided for on the recorded concerning the conduct of this review more or less, as an addition to the plat of said Addition; and rules of general application, consult reservation of the Pueblo of Isleta on Subject to that certain easement in the Commission’s Rules of Practice and May 22, 2001. favor of Public Service Company of New Procedure, part 201, subparts A through FOR FURTHER INFORMATION CONTACT: Mexico and Mountain States Telephone E (19 CFR part 201), and part 207, Larry E. Scrivner, Deputy Director, and Telegraph Company by document subparts A, D, E, and F (19 CFR part Office of Trust Responsibilities, MS– dated November 12, 1976, filed 207). 4510/MIB/Code 220, 1849 C Street, December 17, 1976, in Book Misc. 511, EFFECTIVE DATE: June 1, 2001. NW., Washington, DC 20240, telephone page 35, as Document No. 76–66732, FOR FURTHER INFORMATION CONTACT: (202) 208–7737. records of Bernalillo County, New Mary Messer (202–205–3193), Office of SUPPLEMENTARY INFORMATION: This Mexico, affecting the southerly seven Investigations, U.S. International Trade notice is published in the exercise of feet (7′) of the premises, and as shown Commission, 500 E Street SW, authority delegated by the Secretary of and provided for on the recorded plat of Washington, DC 20436. Hearing- the Interior to the Assistant Secretary— said Addition; impaired persons can obtain Indian Affairs by 209 DM 8.1. Subject to all taxes and other information on this matter by contacting A proclamation was issued according assessments for the current year by the the Commission’s TDD terminal on 202– to the Act of June 18, 1934 (48 Stat. 986; County of Bernalillo or State of New 205–1810. Persons with mobility 25 U.S.C. 467), for the tract of land Mexico, with warranty covenants. impairments who will need special described below. The land was Containing 58 acres, more or less. assistance in gaining access to the proclaimed to be an addition to and part This proclamation does not affect title Commission should contact the Office of the reservation of the Pueblo of Isleta to the land described above, nor does it of the Secretary at 202–205–2000. for the exclusive use of Indians on that affect any valid existing easements for General information concerning the reservation who are entitled to reside at public roads and highways, for public Commission may also be obtained by the reservation by enrollment or tribal utilities and for railroads and pipelines accessing its internet server (http:// membership. and any other rights-of-way or www.usitc.gov). The public record for Tract Lettered ‘‘B,’’ Lands of Brown reservations of record. this investigation may be viewed on the Construction Co., within section 6, Commission’s electronic docket (EDIS– Township 8 North, Range 3 East, Dated: May 22, 2001. ON–LINE) at http://dockets.usitc.gov/ N.M.P.M., and on M.R.G.C.D. Map No. James H. McDivitt, eol/public. 59, as the same is shown and designated Deputy Assistant Secretary—Indian Affairs on said plat thereof, filed in the Office (Management). SUPPLEMENTARY INFORMATION: of the County Clerk of Bernalillo [FR Doc. 01–13823 Filed 5–31–01; 8:45 am] Background County, New Mexico, on December 16, BILLING CODE 4310–02–P On July 2, 1996, the Department of 1985, Commerce issued an antidumping duty Together with all buildings, order on imports of clad steel plate from structures, and other existing INTERNATIONAL TRADE Japan (61 FR 34421). The Commission is improvements upon any part of the COMMISSION conducting a review to determine foregoing-described real estate in their whether revocation of the order would ‘‘as is’’ and ‘‘where is’’ condition, with [Investigation No. 731–TA–739 (Review)] be likely to lead to continuation or all faults, and without warranties, recurrence of material injury to the express or implied, concerning Clad Steel Plate From Japan domestic industry within a reasonably suitability or fitness for use or other AGENCY: United States International foreseeable time. It will assess the warranties of any type, except, and Trade Commission. adequacy of interested party responses carrying, warranty of title; Including all appurtenances, rights ACTION: Institution of a five-year review to this notice of institution to determine including reversionary rights, water concerning the antidumping duty order whether to conduct a full review or an rights, easements, and privileges on clad steel plate from Japan. expedited review. The Commission’s belonging to or running with the determination in any expedited review SUMMARY: The Commission hereby gives will be based on the facts available, foregoing-described real estate, notice that it has instituted a review including without limitation all of the which may include information pursuant to section 751(c) of the Tariff provided in response to this notice. Grantor’s right, title, and interest, if any, Act of 1930 (19 U.S.C. 1675(c)) (the Act) in and to any and all land, lying in the to determine whether revocation of the Definitions bed of any street, road, cul-de-sac, alley, antidumping duty order on clad steel The following definitions apply to or access way, open or closed, existing, plate from Japan would be likely to lead this review: vacated, or proposed, adjoining, to continuation or recurrence of material (1) Subject Merchandise is the class or adjacent to, or contiguous to the injury. Pursuant to section 751(c)(2) of kind of merchandise that is within the foregoing-described real estate; the Act, interested parties are requested Subject to Reservations in Patent from to respond to this notice by submitting OMB number is 3117–0016/USITC No. 01–5–062, the United State of America, recorded in the information specified below to the expiration date July 31, 2002. Public reporting burden for the request is estimated to average 7 Book 31, page 573, records of Bernalillo Commission; 1 to be assured of County, New Mexico; hours per response. Please send comments regarding the accuracy of this burden estimate to Subject to that certain easement in 1 No response to this request for information is the Office of Investigations, U.S. International Trade favor of Public Service Company of New required if a currently valid Office of Management Commission, 500 E Street, SW, Washington, DC Mexico and Mountain States Telephone and Budget (OMB) number is not displayed; the 20436.
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scope of the five-year review, as defined underlying original investigation for of responses to the notice of institution by the Department of Commerce. purposes of 19 CFR 201.15 and 18 and whether the Commission should (2) The Subject Country in this review U.S.C. § 207, the post employment conduct an expedited or full review. is Japan. statute for Federal employees. Former The deadline for filing such comments (3) The Domestic Like Product is the employees may seek informal advice is August 15, 2001. All written domestically produced product or from Commission ethics officials with submissions must conform with the products which are like, or in the respect to this and the related issue of provisions of sections 201.8 and 207.3 absence of like, most similar in whether the employee’s participation of the Commission’s rules and any characteristics and uses with, the was ‘‘personal and substantial.’’ submissions that contain BPI must also Subject Merchandise. In its original However, any informal consultation will conform with the requirements of determination, the Commission defined not relieve former employees of the sections 201.6 and 207.7 of the the Domestic Like Product as all clad obligation to seek approval to appear Commission’s rules. The Commission’s steel plate coextensive with Commerce’s from the Commission under its rule rules do not authorize filing of scope of the investigation, i.e., all clad 201.15. For ethics advice, contact Carol submissions with the Secretary by steel plate of a width of 600mm or more McCue Verratti, Deputy Agency Ethics facsimile or electronic means. Also, in and a composite thickness of 4.5mm or Official, at 202–205–3088. accordance with sections 201.16(c) and more, regardless of cladding alloy. 207.3 of the Commission’s rules, each Limited Disclosure of Business (4) The Domestic Industry is the U.S. document filed by a party to the review Proprietary Information (BPI) Under an producers as a whole of the Domestic must be served on all other parties to Administrative Protective Order (APO) Like Product, or those producers whose the review (as identified by either the and APO Service List collective output of the Domestic Like public or APO service list as Product constitutes a major proportion Pursuant to section 207.7(a) of the appropriate), and a certificate of service of the total domestic production of the Commission’s rules, the Secretary will must accompany the document (if you product. In its original determination, make BPI submitted in this review are not a party to the review you do not the Commission defined the Domestic available to authorized applicants under need to serve your response). Industry as producers of clad steel plate the APO issued in the review, provided of a width of 600mm or more and a that the application is made no later Inability to Provide Requested composite thickness of 4.5mm or more. than 21 days after publication of this Information (5) The Order Date is the date that the notice in the Federal Register. Pursuant to section 207.61(c) of the antidumping duty order under review Authorized applicants must represent Commission’s rules, any interested became effective. In this review, the interested parties, as defined in 19 party that cannot furnish the Order Date is July 2, 1996. U.S.C. 1677(9), who are parties to the information requested by this notice in (6) An Importer is any person or firm review. A separate service list will be the requested form and manner shall engaged, either directly or through a maintained by the Secretary for those notify the Commission at the earliest parent company or subsidiary, in parties authorized to receive BPI under possible time, provide a full explanation importing the Subject Merchandise into the APO. of why it cannot provide the requested the United States from a foreign information, and indicate alternative Certification manufacturer or through its selling forms in which it can provide agent. Pursuant to section 207.3 of the equivalent information. If an interested Commission’s rules, any person party does not provide this notification Participation in the Review and Public submitting information to the Service List (or the Commission finds the Commission in connection with this explanation provided in the notification Persons, including industrial users of review must certify that the information inadequate) and fails to provide a the Subject Merchandise and, if the is accurate and complete to the best of complete response to this notice, the merchandise is sold at the retail level, the submitter’s knowledge. In making Commission may take an adverse representative consumer organizations, the certification, the submitter will be inference against the party pursuant to wishing to participate in the review as deemed to consent, unless otherwise section 776(b) of the Act in making its parties must file an entry of appearance specified, for the Commission, its determination in the review. with the Secretary to the Commission, employees, and contract personnel to as provided in section 201.11(b)(4) of use the information provided in any Information To Be Provided in the Commission’s rules, no later than 21 other reviews or investigations of the Response to this Notice of Institution days after publication of this notice in same or comparable products which the As used below, the term ‘‘firm’’ the Federal Register. The Secretary will Commission conducts under Title VII of includes any related firms. maintain a public service list containing the Act, or in internal audits and (1) The name and address of your firm the names and addresses of all persons, investigations relating to the programs or entity (including World Wide Web or their representatives, who are parties and operations of the Commission address if available) and name, to the review. pursuant to 5 U.S.C. Appendix 3. telephone number, fax number, and E- Former Commission employees who mail address of the certifying official. are seeking to appear in Commission Written Submissions (2) A statement indicating whether five-year reviews are reminded that they Pursuant to section 207.61 of the your firm/entity is a U.S. producer of are required, pursuant to 19 CFR 201.15, Commission’s rules, each interested the Domestic Like Product, a U.S. union to seek Commission approval if the party response to this notice must or worker group, a U.S. importer of the matter in which they are seeking to provide the information specified Subject Merchandise, a foreign producer appear was pending in any manner or below. The deadline for filing such or exporter of the Subject Merchandise, form during their Commission responses is July 23, 2001. Pursuant to a U.S. or foreign trade or business employment. The Commission’s section 207.62(b) of the Commission’s association, or another interested party designated agency ethics official has rules, eligible parties (as specified in (including an explanation). If you are a advised that a five-year review is the Commission rule 207.62(b)(1)) may also union/worker group or trade/business ‘‘same particular matter’’ as the file comments concerning the adequacy association, identify the firms in which
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your workers are employed or which are information, on an aggregate basis, for ability to shift supply among different members of your association. the firms which are members of your national markets (including barriers to (3) A statement indicating whether association. importation in foreign markets or your firm/entity is willing to participate (a) The quantity and value (landed, changes in market demand abroad). in this review by providing information duty-paid but not including Demand conditions to consider include requested by the Commission. antidumping or countervailing duties) end uses and applications; the existence (4) A statement of the likely effects of of U.S. imports and, if known, an and availability of substitute products; the revocation of the antidumping duty estimate of the percentage of total U.S. and the level of competition among the order on the Domestic Industry in imports of Subject Merchandise from Domestic Like Product produced in the general and/or your firm/entity the Subject Country accounted for by United States, Subject Merchandise specifically. In your response, please your firm’s(s’) imports; produced in the Subject Country, and discuss the various factors specified in (b) the quantity and value (f.o.b. U.S. such merchandise from other countries. section 752(a) of the Act (19 U.S.C. port, including antidumping and/or (11) (Optional) A statement of § 1675a(a)) including the likely volume countervailing duties) of U.S. whether you agree with the above of subject imports, likely price effects of commercial shipments of Subject definitions of the Domestic Like Product subject imports, and likely impact of Merchandise imported from the Subject and Domestic Industry; if you disagree imports of Subject Merchandise on the Country; and with either or both of these definitions, Domestic Industry. (c) the quantity and value (f.o.b. U.S. please explain why and provide (5) A list of all known and currently port, including antidumping and/or alternative definitions. operating U.S. producers of the countervailing duties) of U.S. internal Domestic Like Product. Identify any consumption/company transfers of Authority: This review is being conducted under authority of title VII of the Tariff Act known related parties and the nature of Subject Merchandise imported from the Subject Country. of 1930; this notice is published pursuant to the relationship as defined in section section 207.61 of the Commission’s rules. 771(4)(B) of the Act (19 U.S.C. (9) If you are a producer, an exporter, 1677(4)(B)). or a trade/business association of Issued: May 21, 2001. (6) A list of all known and currently producers or exporters of the Subject Donna R. Koehnke, operating U.S. importers of the Subject Merchandise in the Subject Country, Secretary. Merchandise and producers of the provide the following information on [FR Doc. 01–13685 Filed 5–31–01; 8:45 am] Subject Merchandise in the Subject your firm’s(s’) operations on that BILLING CODE 7020–02–P Country that currently export or have product during calendar year 2000 exported Subject Merchandise to the (report quantity data in short tons and United States or other countries since value data in thousands of U.S. dollars, INTERNATIONAL TRADE 1995. landed and duty-paid at the U.S. port COMMISSION (7) If you are a U.S. producer of the but not including antidumping or countervailing duties). If you are a [Investigations Nos. 701–TA–365–366 Domestic Like Product, provide the (Review) and 731–TA–734–735 (Review)] following information on your firm’s trade/business association, provide the operations on that product during information, on an aggregate basis, for Certain Pasta From Italy and Turkey calendar year 2000 (report quantity data the firms which are members of your in short tons and value data in association. AGENCY: United States International thousands of U.S. dollars, f.o.b. plant). (a) Production (quantity) and, if Trade Commission. If you are a union/worker group or known, an estimate of the percentage of ACTION: Institution of five-year reviews trade/business association, provide the total production of Subject Merchandise concerning the countervailing and information, on an aggregate basis, for in the Subject Country accounted for by antidumping duty orders on certain the firms in which your workers are your firm’s(s’) production; and pasta from Italy and Turkey. employed/which are members of your (b) the quantity and value of your association. firm’s(s’) exports to the United States of SUMMARY: The Commission hereby gives (a) Production (quantity) and, if Subject Merchandise and, if known, an notice that it has instituted reviews known, an estimate of the percentage of estimate of the percentage of total pursuant to section 751(c) of the Tariff total U.S. production of the Domestic exports to the United States of Subject Act of 1930 (19 U.S.C. 1675(c)) (the Act) Like Product accounted for by your Merchandise from the Subject Country to determine whether revocation of the firm’s(s’) production; accounted for by your firm’s(s’) exports. countervailing and antidumping duty (b) the quantity and value of U.S. (10) Identify significant changes, if orders on certain pasta from Italy and commercial shipments of the Domestic any, in the supply and demand Turkey would be likely to lead to Like Product produced in your U.S. conditions or business cycle for the continuation or recurrence of material plant(s); and Domestic Like Product that have injury. Pursuant to section 751(c)(2) of (c) the quantity and value of U.S. occurred in the United States or in the the Act, interested parties are requested internal consumption/company market for the Subject Merchandise in to respond to this notice by submitting transfers of the Domestic Like Product the Subject Country since the Order the information specified below to the produced in your U.S. plant(s). Date, and significant changes, if any, Commission; 1 to be assured of (8) If you are a U.S. importer or a that are likely to occur within a trade/business association of U.S. reasonably foreseeable time. Supply 1 No response to this request for information is importers of the Subject Merchandise conditions to consider include required if a currently valid Office of Management and Budget (OMB) number is not displayed; the from the Subject Country, provide the technology; production methods; OMB number is 3117–0016/USITC No. 01–5–063, following information on your firm’s(s’) development efforts; ability to increase expiration date July 31, 2002. Public reporting operations on that product during production (including the shift of burden for the request is estimated to average 7 calendar year 2000 (report quantity data production facilities used for other hours per response. Please send comments regarding the accuracy of this burden estimate to in short tons and value data in products and the use, cost, or the Office of Investigations, U.S. International Trade thousands of U.S. dollars). If you are a availability of major inputs into Commission, 500 E Street, SW, Washington, DC trade/business association, provide the production); and factors related to the 20436.
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consideration, the deadline for (3) The Domestic Like Product is the respect] to this and the related issue of responses is July 23, 2001. Comments domestically produced product or whether the employee’s participation on the adequacy of responses may be products which are like, or in the was ‘‘personal and substantial.’’ filed with the Commission by August absence of like, most similar in However, any informal consultation will 15, 2001. For further information characteristics and uses with, the not relieve former employees of the concerning the conduct of these reviews Subject Merchandise. In its original obligation to seek approval to appear and rules of general application, consult determinations, the Commission from the Commission under its rule the Commission’s Rules of Practice and defined the Domestic Like Product as all 201.15. For ethics advice, contact Carol Procedure, part 201, subparts A through dry pasta. One Commissioner defined McCue Verratti, Deputy Agency Ethics E (19 CFR part 201), and part 207, the Domestic Like Product differently. Official, at 202–205–3088. subparts A, D, E, and F (19 CFR part (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Limited Disclosure of Business 207). Proprietary Information (BPI) Under an EFFECTIVE DATE: June 1, 2001. Like Product, or those producers whose collective output of the Domestic Like Administrative Protective Order (APO) FOR FURTHER INFORMATION CONTACT: Product constitutes a major proportion and APO Service List Mary Messer (202–205–3193), Office of of the total domestic production of the Pursuant to section 207.7(a) of the Investigations, U.S. International Trade product. In its original determinations, Commission’s rules, the Secretary will Commission, 500 E Street SW., the Commission defined the Domestic make BPI submitted in these reviews Washington, DC 20436. Hearing- Industry as producers of dry pasta. One available to authorized applicants under impaired persons can obtain Commissioner defined the Domestic the APO issued in the reviews, provided information on this matter by contacting Industry differently. that the application is made no later the Commission’s TDD terminal on 202– (5) The Order Date is the date that the than 21 days after publication of this 205–1810. Persons with mobility countervailing and antidumping duty notice in the Federal Register. impairments who will need special orders under review became effective. In Authorized applicants must represent assistance in gaining access to the these reviews, the Order Date is July 24, interested parties, as defined in 19 Commission should contact the Office 1996. U.S.C. 1677(9), who are parties to the of the Secretary at 202–205–2000. (6) An Importer is any person or firm reviews. A separate service list will be General information concerning the engaged, either directly or through a maintained by the Secretary for those Commission may also be obtained by parent company or subsidiary, in parties authorized to receive BPI under accessing its internet server (http:// importing the Subject Merchandise into the APO. www.usitc.gov). The public record for the United States from a foreign these investigations may be viewed on manufacturer or through its selling Certification the Commission’s electronic docket agent. Pursuant to section 207.3 of the (EDIS-ON-LINE) at http:// Commission’s rules, any person dockets.usitc.gov/eol/public. Participation in the Reviews and Public submitting information to the Service List SUPPLEMENTARY INFORMATION: Commission in connection with these Persons, including industrial users of reviews must certify that the Background the Subject Merchandise and, if the information is accurate and complete to On July 24, 1996, the Department of merchandise is sold at the retail level, the best of the submitter’s knowledge. In Commerce issued countervailing and representative consumer organizations, making the certification, the submitter antidumping duty orders on imports of wishing to participate in the reviews as will be deemed to consent, unless certain pasta from Italy and Turkey (61 parties must file an entry of appearance otherwise specified, for the FR 38544). The Commission is with the Secretary to the Commission, Commission, its employees, and conducting reviews to determine as provided in section 201.11(b)(4) of contract personnel to use the whether revocation of the orders would the Commission’s rules, no later than 21 information provided in any other be likely to lead to continuation or days after publication of this notice in reviews or investigations of the same or recurrence of material injury to the the Federal Register. The Secretary will comparable products which the domestic industry within a reasonably maintain a public service list containing Commission conducts under Title VII of foreseeable time. It will assess the the names and addresses of all persons, the Act, or in internal audits and adequacy of interested party responses or their representatives, who are parties investigations relating to the programs to this notice of institution to determine to the reviews. and operations of the Commission whether to conduct full or expedited Former Commission employees who pursuant to 5 U.S.C. Appendix 3. reviews. The Commission’s are seeking to appear in Commission Written Submissions determinations in any expedited five-year reviews are reminded that they reviews will be based on the facts are required, pursuant to 19 CFR 201.15, Pursuant to section 207.61 of the [available, which may include to seek Commission approval if the Commission’s rules, each interested information provided in response to this matter in which they are seeking to party response to this notice must notice. appear was pending in any manner or provide the information specified form during their Commission below. The deadline for filing such Definitions employment. The Commission’s responses is July 23, 2001. Pursuant to The following definitions apply to designated agency ethics official has section 207.62(b) of the Commission’s these reviews: advised that a five-year review is the rules, eligible parties (as specified in (1) Subject Merchandise is the class or ‘‘same particular matter’’ as the Commission rule 207.62(b)(1)) may also kind of merchandise that is within the underlying original investigation for file comments concerning the adequacy scope of the five-year reviews, as purposes of 19 CFR 201.15 and 18 of responses to the notice of institution defined by the Department of U.S.C. 207, the post employment statute and whether the Commission should Commerce. for Federal employees. Former conduct expedited or full reviews. The (2) The Subject Countries in these employees may seek informal advice deadline for filing such comments is reviews are Italy and Turkey. from Commission ethics officials with August 15, 2001. All written
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submissions must conform with the a U.S. or foreign trade or business following information on your firm’s(s’) provisions of sections 201.8 and 207.3 association, or another interested party operations on that product during of the Commission’s rules and any (including an explanation). If you are a calendar year 2000 (report quantity data submissions that contain BPI must also union/worker group or trade/business in thousands of pounds and value data conform with the requirements of association, identify the firms in which in thousands of U.S. dollars). If you are sections 201.6 and 207.7 of the your workers are employed or which are a trade/business association, provide the Commission’s rules. The Commission’s members of your association. information, on an aggregate basis, for rules do not authorize filing of (3) A statement indicating whether the firms which are members of your submissions with the Secretary by your firm/entity is willing to participate association. facsimile or electronic means. Also, in in these reviews by providing (a) The quantity and value (landed, accordance with sections 201.16(c) and information requested by the duty-paid but not including 207.3 of the Commission’s rules, each Commission. antidumping or countervailing duties) document filed by a party to the reviews (4) A statement of the likely effects of of U.S. imports and, if known, an must be served on all other parties to the revocation of the countervailing and estimate of the percentage of total U.S. the reviews (as identified by either the antidumping duty orders on the imports of Subject Merchandise from public or APO service list as Domestic Industry in general and/or each Subject Country accounted for by appropriate), and a certificate of service your firm/entity specifically. In your your firm’s(s’) imports; must accompany the document (if you response, please discuss the various (b) the quantity and value (f.o.b. U.S. are not a party to the reviews you do not factors specified in section 752(a) of the port, including antidumping and/or need to serve your response). Act (19 U.S.C. 1675a(a)) including the countervailing duties) of U.S. likely volume of subject imports, likely commercial shipments of Subject Inability To Provide Requested price effects of subject imports, and Merchandise imported from each Information likely impact of imports of Subject Subject Country; and Pursuant to section 207.61(c) of the Merchandise on the Domestic Industry. (c) the quantity and value (f.o.b. U.S. Commission’s rules, any interested (5) A list of all known and currently port, including antidumping and/or party that cannot furnish the operating U.S. producers of the countervailing duties) of U.S. internal information requested by this notice in Domestic Like Product. Identify any consumption/company transfers of the requested form and manner shall known related parties and the nature of Subject Merchandise imported from notify the Commission at the earliest the relationship as defined in section each Subject Country. possible time, provide a full explanation 771(4)(B) of the Act (19 U.S.C. (9) If you are a producer, an exporter, of why it cannot provide the requested 1677(4)(B)). or a trade/business association of information, and indicate alternative (6) A list of all known and currently producers or exporters of the Subject forms in which it can provide operating U.S. importers of the Subject Merchandise in the Subject Countries, equivalent information. If an interested Merchandise and producers of the provide the following information on party does not provide this notification Subject Merchandise in each Subject your firm’s(s’) operations on that (or the Commission finds the Country that currently export or have product during calendar year 2000 explanation provided in the notification exported Subject Merchandise to the (report quantity data in thousands of inadequate) and fails to provide a United States or other countries since pounds and value data in thousands of complete response to this notice, the 1995. U.S. dollars, landed and duty-paid at Commission may take an adverse (7) If you are a U.S. producer of the the U.S. port but not including inference against the party pursuant to Domestic Like Product, provide the antidumping or countervailing duties). section 776(b) of the Act in making its following information on your firm’s If you are a trade/business association, determinations in the reviews. operations on that product during provide the information, on an aggregate calendar year 2000 (report quantity data basis, for the firms which are members Information To Be Provided in in thousands of pounds and value data of your association. Response to This Notice of Institution in thousands of U.S. dollars, f.o.b. (a) Production (quantity) and, if If you are a domestic producer, union/ plant). If you are a union/worker group known, an estimate of the percentage of worker group, or trade/business or trade/business association, provide total production of Subject Merchandise association; import/export Subject the information, on an aggregate basis, in each Subject Country accounted for Merchandise from more than one for the firms in which your workers are by your firm’s(s’) production; and Subject Country; or produce Subject employed/which are members of your (b) the quantity and value of your Merchandise in more than one Subject association. firm’s(s’) exports to the United States of Country, you may file a single response. (a) Production (quantity) and, if Subject Merchandise and, if known, an If you do so, please ensure that your known, an estimate of the percentage of estimate of the percentage of total response to each question includes the total U.S. production of the Domestic exports to the United States of Subject information requested for each pertinent Like Product accounted for by your Merchandise from each Subject Country Subject Country. As used below, the firm’s(s’) production; accounted for by your firm’s(s’) exports. term ‘‘firm’’ includes any related firms. (b) the quantity and value of U.S. (10) Identify significant changes, if (1) The name and address of your firm commercial shipments of the Domestic any, in the supply and demand or entity (including World Wide Web Like Product produced in your U.S. conditions or business cycle for the address if available) and name, plant(s); and Domestic Like Product that have telephone number, fax number, and E- (c) the quantity and value of U.S. occurred in the United States or in the mail address of the certifying official. internal consumption/company market for the Subject Merchandise in (2) A statement indicating whether transfers of the Domestic Like Product each Subject Country since the Order your firm/entity is a U.S. producer of produced in your U.S. plant(s). Date, and significant changes, if any, the Domestic Like Product, a U.S. union (8) If you are a U.S. importer or a that are likely to occur within a or worker group, a U.S. importer of the trade/business association of U.S. reasonably foreseeable time. Supply Subject Merchandise, a foreign producer importers of the Subject Merchandise conditions to consider include or exporter of the Subject Merchandise, from the Subject Countries, provide the technology; production
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methods; development efforts; ability to proposed decree also requires that A&S Specifically, Hitachi, Kanagawa, increase production (including the shift Tribal Industries take specified JAPAN, BRECIS Communications, San of production facilities used for other injunctive measures to prevent RCRA Jose, CA; Charles Industries, Rolling products and the use, cost, or generator and waste storage violations Meadows, IL; State Farm Insurance, availability of major inputs into in the future and to perform initial Bloomington, IL; Energis production); and factors related to the sampling at facility locations where Communications, Reading, Berkshire, ability to shift supply among different hazardous waste releases have occurred. England, UNITED KINGDOM; national markets (including barriers to The proposed decree also requires that International Engineering Consortium, importation in foreign markets or A&S Tribal Industries install, operate Chicago, IL; Symmetricom, San Jose, changes in market demand abroad). and maintain pretreatment equipment CA; Knowledge Junction, Coquitlam, Demand conditions to consider include necessary to achieve applicable British Columbia, CANADA; Telekom end uses and applications; the existence discharge limits. Austria, Vienna, AUSTRIA; AccessLan and availability of substitute products; The Department of Justice will receive Communications, San Jose, CA; and the level of competition among the for a period of thirty (30) days from the Verilink, Huntsville, AL; VDSL Systems, Domestic Like Product produced in the date of this publication comments Oy, Espoo, FINLAND; Avaya, Inc., United States, Subject Merchandise relating to the proposed consent decree. Whippany, NJ; Bulldog produced in each Subject Country, and Comments should be addressed to the Communications, London, England, such merchandise from other countries. Assistant Attorney General of the UNITED KINGDOM; e-Site, Tustin, CA; (11) (Optional) A statement of Environment and Natural Resources Actiontec Electronics, Orange, CA; whether you agree with the above Division, Department of Justice, DETEL, Taipei, TAIWAN; BroadMAX definitions of the Domestic Like Product Washington, DC 20530, and should refer Technologies, Delray Beach, FL; TUV and Domestic Industry; if you disagree to United States. v. A&S Tribal Rheinland of N.A., Pleasanton, CA; with either or both of these definitions, Industries, D.J. Ref. 90–7–1–06092. Incognito Software, Vancouver, British please explain why and provide The proposed consent decree may be Columbia, CANADA; Comtest alternative definitions. examined at the Office of the United Networks, Ottawa, Ontario, CANADA; States Attorney, 2929 3rd Avenue UAT, Taipei, TAIWAN; riodata AG, Authority: These reviews are being North, Suite 400, Billings, Montana Zurich, SWITZERLAND; and TEG conducted under authority of title VII of the Tariff Act of 1930; this notice is published 59103; and at U.S. EPA Region VIII, 999 Worldwide Media, Irving, TX have been pursuant to section 207.61 of the 18th Street, Denver, Colorado 80202. A added as parties to this venture. Commission’s rules. copy of the proposed consent decree The following parties have changed may be obtained by mail from the their names: Mitel Corporation, Kanata, May 21, 2001. Consent Decree Library, P.O. Box 7611, Ontario, CANADA is now Mitel By order of the Commission. Washington, DC 20044. In requesting a Networks; GTS Network Systems, Donna R. Koehnke, copy, please enclose a check in the Hoeilaart, BELGIUM is now EBONE; Secretary. amount of $12.00 (25 cents per page Eicon Technology, Montreal, Quebec, [FR Doc. 01–13684 Filed 5–31–01; 8:45 am] reproduction cost) payable to the CANADA is now Eicon Networks; Fluke BILLING CODE 7020–02–P Consent Decree Library. Corporation, Everett, WA is now Fluke Networks, Inc.; First Telecom, Robert D. Brook, Frankfurt, GERMANY is now Atlantic DEPARTMENT OF JUSTICE Assistant Chief, Environmental Enforcement Telecom; Clare Remtech, San Diego, CA Section, Environment and Natural Resources is now Sumida; Cable & Wireless HKT, Notice of Lodging of Consent Decree Division. Hong Kong, HONG KONG–CHINA is Under the Resource Conservation and [FR Doc. 01–13773 Filed 5–31–01; 8:45 am] now Pacific Century Cyberworks; and Recovery Act and the Clean Water Act BILLING CODE 4410–15–M Ericsson Aheadcom, Vienna, AUSTRIA is now Ahead Communications. Notice is hereby given that on May 14, In addition, Silicon Spice, Mountain 2001, a proposed consent decree in DEPARTMENT OF JUSTICE View, CA has been acquired by United States v. A&S Tribal Industries, Broadcom, Irvine, CA; and Chiplogic, Antitrust Division Civil Action No. CV–01–96M–DWM, Santa Clara, CA has merged with Analog was lodged with the United States Notice Pursuant to the National Devices, Inc., Wilmington, MA. District Court for the District of Cooperative Research and Production Also, Belgacom, Brussels, BELGIUM; Montana. Act of 1993—the Asymmetrical Digital Bintec Corporation, Nurnberg, In this action, the United States Subscriber Line Forum GERMANY; Pliant Systems, Research sought injunctive relief and the payment Triangle Park, NC; Digi International, of civil penalties for A&S Tribal Notice is hereby given that, on April Minnetonka, MN; Edgcumbe Industries’ alleged violations of the 17, 2001, pursuant to Section 6(a) of the Instruments, Glasgow, Scotland, hazardous waste generator and National Cooperative Research and UNITED KINGDOM; ITRI, Taejon, treatment, storage and disposal Production Act of 1993, 15 U.S.C. 4301 TAIWAN; Fantastic Corporation, Zug, requirements of the Resource et seq. (‘‘the Act’’), The Asymmetrical SWITZERLAND; Iceland Telecom, Conservation and Recovery Act Digital Subscriber Line Forum (‘‘ADSL’’) Reykjavik, ICELAND; Interlink, Seoul, (‘‘RCRA’’, and the pretreatment has filed written notifications REPUBLIC OF KOREA; INTERSPEED, requirements of the Clean Water Act, at simultaneously with the Attorney North Andover, MA; Inverness Systems, its facility located near Poplar, Montana. General and the Federal Trade Marlborough, MA; IPM Datacom, Under the proposed decree, the Commission disclosing changes in its Frattamaggiore Napol, ITALY; Italtel, defendant A&S Tribal Industries will membership status. The notifications Settimo Milanese, ITALY; Jato pay the sum of $40,000 over a three year were filed for the purpose of extending Communications, Denver, CO; Katron period. The settlement sum is based the Act’s provisions limiting the Technologies, Taipei, TAIWAN; Korea upon the financial inability of A&S recovery of antitrust plaintiffs to actual Telecom, Taejon, REPUBLIC OF Tribal Industries to pay more. The damages under specified circumstances. KOREA; LASAT Networks, Nibe,
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DENMARK; Northpoint No other changes have been made in such other activities as may from time Communications, San Francisco, CA; either the membership or planned to time be appropriate to further the Promatory Communications, Fremont, activity of the group research project. purposes and achieve these goals. Membership in this group research CA; Quokka Sports, San Francisco, CA; Constance K. Robinson, Raychem, Menlo Park, CA; Secre project remains open, and ADSL intends Director of Operations Antitrust Division. Composants S.A., Pontault-Combault, to file additional written notifications FRANCE; tdSoft Communications, disclosing all changes in membership. [FR Doc. 01–13770 Filed 5–31–01; 8:45 am] Hezeliys, ISRAEL; Telamon On May 15, 1995, ADSL filed its BILLING CODE 4410–11–M Corporation, Martinsville, IN; original notification pursuant to Section 6(a) of the Act. The Department of Telefonica de Espana, Madrid, SPAIN; DEPARTMENT OF JUSTICE Universal Microelectronics, Torrance, Justice published a notice in the Federal Register pursuant to Section 6(b) of the CA; University of Pretoria, Pretoria, Antitrust Division SOUTH AFRICA; Acterna, Salem, VA; Act on July 25, 1995 (60 FR 38058). The last notification was filed with Xecom, Milpitas, CA; Xstreamis plc, Notice Pursuant to the National the Department on January 25, 2001. A Oxford, England, UNITED KINGDOM; Cooperative Research and Production notice for this filing has not yet been Act of 1993—Inter Company DETECON, Bonn, GERMANY; Fidelity published in the Federal Register. Investments, Boston, MA; KPMG, Collaboration for Aids Drug Uxbridge, Middlesex, England, UNITED Constance K. Robinson, Development KINGDOM; Swisscom Ltd, Geneva, Director of Operations, Antitrust Division. Notice is hereby given that, on March SWITZERLAND; FirstWorld [FR Doc. 01–13769 Filed 5–31–01; 8:45 am] 6, 2001, pursuant to Section 6(a) of the Communications, San Diego, CA; BILLING CODE 4410–11–M National Cooperative Research and Audiocodes, Yehud, ISRAEL; Infinitec Production Act of 1993, 15 U.S.C. 4301 Communications, Tulsa, OK; Netcom et seq. (‘‘the Act’’), the Inter Company Systems, Chatsworth, CA; Turk DEPARTMENT OF JUSTICE Collaboration for AIDS Drug Telekom, Ankara, TURKEY; Larscom, Antitrust Division Development (the ‘‘Collaboration’’) filed Research Triangle Park, NC; HUB written notifications simultaneously Fabricating Company, Reading, PA; Notice Pursuant to the National with the Attorney General and the Fastcomm Communications, Dulles, VA; Cooperative Research and Production Federal Trade Commission disclosing Tecate Industries, Poway, CA; Intera Act of 1993—Coalition for Healthcare changes in its membership status. The Systems, Los Gatos, CA; Elastic Estandards, Inc. notifications were filed for the purpose Networks, Alpharetta, GA; Ezenia!, of extending the Act’s provisions Marlborough, MA; cFos, Lueders/ Notice is hereby given that, on limiting the recovery of antitrust Winkler, Bonn, GERMANY; Telewest, February 14, 2001, pursuant to Section plaintiffs to actual damages under Bradford, West Yorkshire, England, 6(a) of the National Cooperative specified circumstances. Specifically, UNITED KINGDOM; Tachion Networks, Research and Production Act of 1993, although no changes have been made in West Long Branch, NJ; Sonoma Systems, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the the membership of the Collaboration, Marlborough, MA; Metrodata, Egham, Coalition for Healthcare eStandards, Inc. members Glaxo Wellcome plc, Research Surrey, England, UNITED KINGDOM; (The ‘‘Coalition’’) has filed written Triangle Park, NC; and SmithKline Nbase-Xyplex, Littleton, MA; KYE notifications simultaneously with the Beecham plc, Philadelphia, PA have Systems, Taipei, TAIWAN; E & E Attorney General and the Federal Trade merged by agreeing to be acquired by a Magnetic products, Hong Kong, HONG Commission disclosing (1) the identities common parent company, of the parties and (2) the nature and KONG–CHINA; New Edge Networks, GlaxoSmithKline plc., Research objective of the venture. The Vancouver, WA; Angeles Design Triangle Park, NC. notifications were filed for the purpose Systems, Inc., Los Angeles, CA; No other changes have been made in of invoking the Act’s provisions limiting EmpowerTel Networks, Milpitas, CA; either the membership or planned the recovery of antitrust plaintiffs to Silicon Labs, Austin, TX; activity of the Collaboration. actual damages under specified MEDIACENTERS.COM, Chantilly, VA; Membership in the Collaboration circumstances. remains open, and the Collaboration On2.com, New York, NY; Pursuant to Section 6(b) of the Act, DiscoveryCom, Inc., Huntsville, AL; intends to file additional written the identities of the parties are: notification disclosing all changes in DSL.com, Inc., Westfield, IN; Telefonica Consorta, Rolling Meadows, IL; CTC Chile, Santiago, CHILE; Dorado membership. empactHealth.com, Nashville, TN; On May 27, 1993, the Collaboration Software, El Dorado Hills, CA; Global Healthcare Healthcare Exchange, filed its original notification pursuant to Northcoit.com, West Palm Beach, FL; Westminister, CO; HealthTrust Section 6 (a) of the Act. The Department Dresdner Kleinwort Benson, New York, Purchasing Group, Nashville, TN; of Justice published a notice in the NY; Recsol I&C, Seoul, REPUBLIC OF MedAssets.com, Alpharetta, GA; Federal Register pursuant to Section 6 KOREA; Telint Global, Potsdam, MedCenterDirect.com, Atlanta, GA; (b) of the Act on July 6, 1993 (58 FR GERMANY; webMethods, Fairfax, VA; Medibuy.com, San Diego, CA; 36223). Belenos, Boston, MA; imajet.com, Neoforma.com, Inc., San Jose, CA; The The last notification was filed with Singapore, SINGAPORE; DXO Telecom, New Health Exchange, St. Louis Park, the Department on August 18, 2000. A Seoul, REPUBLIC OF KOREA; Access MN; Novation, LLC, Irving, TX; and notice was published in the Federal Conferences International, London, Premier, Inc., San Diego, CA. Register pursuant to Section 6 (b) of the England, UNITED KINGDOM; Kasenna, The general area of planned activity is Act on October 6, 2000, (65 FR 59874). Mountain View, CA; Xpeed Networks, to promote the development and San Jose, CA; @Link Networks, adoption of uniform, open standards for Constance K. Robinson, Louisville, CO; and Valence supply chain transactions made over the Director of Operations, Antitrust Division. Semiconductor, Tustin, CA have been Internet (‘‘Standards’’); to promote such [FR Doc. 01–13771 Filed 5–31–01; 8:45 am] dropped as parties to this venture. Standards worldwide; and to undertake BILLING CODE 4410–11–M
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DEPARTMENT OF JUSTICE Prison Population Reports Midyear Department sponsoring the collection. Population Counts and Advance Year- Form: NPS–1A; and NPS–1B. Antitrust Division End Population Counts—National Corrections Statistics, Bureau of Justice Prisoner Statistics Statistics, Office of Justice Programs, Notice Pursuant to the National The Department of Justice, Office of United States Department of Justice. Cooperative Research and Production (4) Affected public who will be asked Act of 1993—Spray Drift Task Force Justice Programs, Drug Courts Program Office, has submitted the following to respond, as well as a brief abstract: Notice is hereby given that, on May 1, information collection request for Primary: State Departments of 2001, pursuant to Section 6(a) of the review and clearance in accordance Corrections. Others: The Federal Bureau National Cooperative Research and with the Paperwork Reduction Act of of Prisons. For the NPS–1A form, 52 Production Act of 1993, 15 U.S.C. 4301 1995. This proposed information central reports (one from each State, the et seq. (‘‘the Act’’), Spray Drift Task collection is published to obtain District of Columbia, and the Federal Force has filed written notifications comments from the public and affected Bureau of Prisons) responsible for simultaneously with the Attorney agencies. Comments are encouraged and keeping records on inmates will be General and the Federal Trade will be accepted for ‘‘sixty days’’ until asked to provide information for the Commission disclosing changes in its July 31, 2001. following categories: (a) As of June 30, membership status. The notifications Request written comments and the number of male and female inmates were filed for the purpose of extending suggestions from the public and affected under their jurisdiction with maximum the Act’s provisions limiting the agencies concerning the proposed sentences of more than one year, one recovery of antitrust plaintiffs to actual collection of information. Your year or less; and unsentenced inmates; damages under specified circumstances. comments should address one or more and (b) As of June 30, the number of Specifically, Novartis Crop Protection, of the following four points: male and female inmates in their Inc., Greensboro, NC and Zeneca Ag (1) Evaluate whether the collection of custody with maximum sentences of Products, Inc., Wilmington, DE have information is necessary for the proper more than one year, or year or less; and merged to form Syngenta Crop performance of the functions of the unsentenced inmates; and (c) As of June Protection, Inc., Greensboro, NC. Also, agency, including whether the 30, the number of male and female Nihon Nohyaku America, Inc., information will have practical utility; inmates under their jurisdiction housed Hockessin, DE has changed its name to (2) Evaluate the accuracy of the in privately-operated facility, either in Nichino America, Inc.; and Elf Atochem agency’s estimate of the burden of the state or out of state; and (d) As of June North America, Inc., Philadelphia, PA collection of information, including the 30, the number of male and female has changed its name to Cerrexagri, Inc. validity of the methodology and inmates in their custody by race and No other changes have been made in assumptions used; Hispanic origin. either the membership or planned (3) Enhance the quality, utility and For the NPS–1B form, 52 central activity of the group research project. clarity of the information to be reporters (one from each State, the Membership in this group research collected; and District of Columbia, and the Federal (4) Minimize the burden of the project remains open, and Spray Drift Bureau of Prisons) responsible for collection of information on those who Task Force intends to file additional keeping records on inmates will be are to respond, including through the written notification disclosing all asked to provide information for the use of appropriate automated, changes in membership. following categories: (a) As of December electronic, mechanical, or other On May 15, 1990, Spray Drift Task 31, the number of male and female technological collection techniques or Force filed its original notification inmates under their jurisdiction with other forms of information technology; pursuant to Section 6(a) of the Act. The maximum sentences or more than one e.g., permitting electronic submission of Department of Justice published a notice year, one year or less; and unsentenced responses. in the Federal Register pursuant to inmates; and (b) The number of inmates Section 6(b) of the Act on July 15, 1990 If you have additional comments, suggestions, or additional information, housed in county or other local (55 FR 27701). authority correctional facilities, or in The last notification was filed with especially regarding the estimated public burden and associated response other state or Federal facilities on the Department on January 12, 2001. A December 31, solely to ease prison notice was published in the Federal time, please write to Lawrence Greenfeld, Acting Director, Bureau of crowding; and (c) As of the direct result Register pursuant to Section 6(b) of the of state prison crowding during 2001, Act on February 27, 2001 (66 FR 12565). Justice Statistics, 810 Seventh St. NW, Washington, DC 20531. If you need a the number of inmates released via Constance K. Robinson, copy of the collection instruments with court order, administrative procedure or Director of Operations Antitrust Division. instructions, or have additional statute, accelerated release, sentence reduction, emergency release, or other [FR Doc. 01–13772 Filed 5–31–01; 8:45 am] information, please contact Paige expedited release; and (d) The aggregate BILLING CODE 4410–11–M Harrison at (202) 514–0809, or via facsimile at 202–307–1463. rated, operational, and design Overview of this information capacities, by sex, of each State’s DEPARTMENT OF JUSTICE collection: correctional facilities at year-end. (1) Type of information collection: The Bureau of Justice Statistics uses Office of Justice Programs Extension of a currently approved this information in published reports collection. and for the U.S. Congress, Executive Agency Information Collection (2) The title of the Form/Collection: Office of the President, practitioners, Activities: Proposed Collection; Prision Population Reports Midyear researchers, students, the media, and Comment Request Counts; and Prison Population Report others interested in criminal justice Advance Year-end Counts—National statistics. ACTION: Notice of Information Collection (5) An estimate of the total number of Under Review: Extension of a currently Prisoner Statistics. (3) The agency form number and the respondents and the amount of time approved collection. applicable component of the needed for an average respondent to
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respond: 52 respondents each taking an Program Office, Office of Justice agencies or units of government, Tribal average 3.0 hours to respond. Programs, 810 7th Street, NW., 8th governments, public or private (6) An estimate of the total public Floor, Washington, DC 20531. Faxed or nonprofit entities designated as burden (in hours) associated with the e-mailed applications will not be 501(c)(3) (examples of which are collection: 156 annual burden hours. accepted. Interested applicants may community-based organizations or faith- If additional information is required, obtain general information about the based organizations), or local Workforce contact: Mrs. Brenda E. Dyer, Deputy Young Offender Initiative: Reentry Investment Boards that have formed Clearance Officer, United States Grant Program Application Package, partnerships with State and local Department of Justice, Information which includes the Program agencies as identified in the Young Management and Security Staff, Justice Announcement, required forms, and Offender Initiative: Reentry Grant Management Division, Suite 1220, 1331 instructions on how to apply, from the Program Application Package. Pennsylvania Ave., NW, National Place U.S. Department of Justice Response Applicants must target a population of Building, Washington, DC 20530. Center at 1–800–421–6770. The young offenders within the age range of Dated: May 25, 2001. Application Package is also available at: 14 to 35 years old who are returning to Brenda E. Dyer, OJP’s Web site at http:// the community from incarceration www.ojp.usdoj.gov/fundopps.htm; (minimum of 12 consecutive months for Department Deputy Clearance Officer, United States Department of Justice. DOL’s Web site at http:// adults, 6 consecutive months for wdsc.doleta.gov/sga; and SAMHSA’s juveniles) who pose a risk to community [FR Doc. 01–13724 Filed 5–31–01; 8:45 am] Web site at http://www.samhsa.gov/ safety. Additional guidance regarding BILLING CODE 4410–18–M funding/funding.html. For general the identification of the target information, contact the DOJ Response population and the composition and DEPARTMENT OF JUSTICE Center at 1–800–421–6770. In addition, responsibilities of the applicant the partnering agencies may be partnerships is provided in the DEPARTMENT OF LABOR contacted for substantive assistance: Application Package. • For justice-related issues, contact This solicitation is one of two dealing DEPARTMENT OF HEALTH AND Naydine Fulton-Jones, CPO/OJP, 1–800– with young offenders. The other HUMAN SERVICES 638–8736, ext. 46661, e-mail: solicitation under The Young Offender [email protected]; Initiative is the Demonstration Grant [OJP(OJP)–1320] • For workforce-related issues, Program which will fund separate The Young Offender Initiative: Reentry contact Susan Rosenblum, DOL, (202) awards totaling up to $11.5 million for Grant Program 693–3597, e-mail: communities to target young offenders [email protected]; ages 14–24 who are either already AGENCY: Employment and Training • For mental health-related issues, involved in the criminal justice system, Administration (ETA), Labor; contact David Morrissette, CMHS, gang members, or at risk of gang or Corrections Program Office (CPO), SAMHSA, (301) 443–2826, e-mail: criminal involvement. This other Office of Justice Programs (OJP), Justice; [email protected]; solicitation will be published in the Center for Substance Abuse Treatment • For substance abuse treatment- Federal Register and available on DOL’s (CSAT) and Center for Mental Health related issues, contact Bruce Fry, CSAT, Web site, http://wdsc.doleta.gov/sga/. Services (CMHS), Substance Abuse and SAMHSA, (301) 443–0128, e-mail: Applicants may apply for both Mental Health Services Administration [email protected]. solicitations, but are eligible to receive (SAMSHA), Health and Human [The last three listings are not toll-free only one award for the same or similar Services. numbers.] populations. ACTION: Notice of funding availability. SUPPLEMENTARY INFORMATION: The OJP Note: A Pre-Application Workshop will be role in the Young Offender Initiative: held on Wednesday, June 6, 2001, at the SUMMARY: The Departments of Labor, Reentry Grant Program is authorized in Radisson Hotel and Suites Downtown St. Justice, and Health and Human Services DOJ by P.L. 106–553, 114 Stat. 2762A– Louis, 200 North Fourth Street, St. Louis, MO are requesting applications for the 63102, (314) 621–8200, to review both the 65 (2000); in SAMHSA by 509 and 520A reentry and demonstration grant program Young Offender Initiative: Reentry of the P.H.S. Act, as amended; and in Grant Program to enhance community applications and discuss reentry programs in DOL by §§ 171 and 172 of P.L. 105–220, general. For more information about this safety through the successful 112 Stat. 936 (1998). The program is workshop, contact Mary Johnson, KRA, Inc., reintegration to the community of designed to enhance community safety (301) 562–2300, fax (301) 495–9410, offenders ages 14 to 35, who have been by successfully reintegrating young [email protected]. confined for a minimum of 12 offenders into the community by consecutive months for adults or 6 Dated: May 29, 2001. helping them: Mary Lou Leary, consecutive months for juveniles, • Become productive, responsible, through a coordinated and Acting Assistant Attorney General, Office of and law-abiding citizens; Justice Programs. comprehensive continuum of • Obtain and retain long-term supervision, programs, and services. employment; Dated: May 25, 2001. Approximately $79 million is available • Maintain a stable residence; and Richard Kopanda, to fund approximately 25 grants of up • Successfully address their Executive Officer, Substance Abuse and to $3.1 million each to applicants that substance abuse issues and mental Mental Health Services Administration, U.S. demonstrate a collaborative effort and health needs. Department of Health and Human Services. broad-based community support. Grantees may receive up to $3.1 Raymond J. Uhalde, DATES: Applications must be received million in funding and technical Deputy Assistant Secretary of Labor, by October 1, 2001, by 5:30 p.m. Eastern assistance to establish diverse, public- Employment and Training Administration, Standard Time. private partnerships that help young U.S. Department of Labor. ADDRESSES: All applications must be offenders attain these goals. Eligible [FR Doc. 01–13822 Filed 5–31–01; 8:45 am] mailed or delivered to the Corrections applicants must be State or local BILLING CODE 4410–18–P
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DEPARTMENT OF LABOR Estimated Time Per Response: 5 Signed at Washington, DC, on May 23, minutes. 2001. Office of the Secretary Total Burden Hours: 417. Raymond J. Uhalde, Deputy Assistant Secretary of Labor for Submission of OMB Review; Comment Total Annualized Capital/Startup Employment and Training. Request Costs: $0. [FR Doc. 01–13784 Filed 5–31–01; 8:45 am] May 23, 2001. Total Annual Costs (operating/ BILLING CODE 5670–30–M The Department of Labor (DOL) has maintaining systems or purchasing submitted the following public services): $0. information collection requests (ICRs) to Description: The form OSHA 182 is DEPARTMENT OF LABOR used to collect student group and the Office of Management and Budget Employment Standards emergency information from Training (OMB) for review and approval in Administration, Wage and Hour Institutes students. This information is accordance with the Paperwork Division Reduction Act of 1995 (Pub. L. 104–13, used to contact designated persons in 44 U.S.C. Chapter 35). A copy of this the event of an emergency; for student Minimum Wages for Federal and ICR, with applicable supporting group data reports; and for tuition Federally Assisted Construction; documentation, may be obtained by receipt. General Wage Determination Decisions calling the Department of Labor. To Ira L. Mills, obtain documentation contact Darrin Departmental Clearance Officer. General wage determination decisions King at (202) 693–4129 or E-Mail King- of the Secretary of Labor are issued in [FR Doc. 01–13785 Filed 5–31–01; 8:45 am] [email protected]. accordance with applicable law and are Comments should be sent to Office of BILLING CODE 4510–26–M based on the information obtained by Information and Regulatory Affairs, the Department of Labor from its study Attn: OMB Desk Officer for OSHA, DEPARTMENT OF LABOR of local wage conditions and data made Office of Management and Budget, available from other sources. They Room 10235, Washington, DC 20503 Employment and Training specify that basic hourly wage rates and ((202) 395–7316), within 30 days from Administration fringe benefits which are determined to the date of this publication in the be prevailing for the described classes of Federal Register. Notice of a Change in Status of an laborers and mechanics employed on The OMB is particularly interested in Extended Benefit (EB) Period for construction projects of a similar comments which: Alaska character and in the localities specified • Evaluate whether the proposed therein. collection of information is necessary This notice announces a change in for the proper performance of the The determination in these decisions benefit period eligibility under the EB of prevailing rates and fringe benefits functions of the agency, including Program for Alaska. whether the information will have have been made in accordance with 29 practical utility; Summary CFR Part 1, by authority of the Secretary • of Labor pursuant to the provisions of Evaluate the accuracy of the The following change has occurred agency’s estimate of the burden of the the Davis-Bacon Act of March 3, 1931, since the publication of the last notice as amended (46 Stat. 1494, as amended, proposed collection of information, regarding the State’s EB status: including the validity of the 40 U.S.C. 276a) and of other Federal • methodology and assumptions used; June 2, 2001—Alaska’s 13-week statutes referred to in 29 CFR Part 1, • Enhance the quality, utility, and insured unemployment rate for the Appendix, as well as such additional clarity of the information to be week ending April 28, 2001, fell below statutes as may from time to time be collected; and 6.0 percent and was less than 120 enacted containing provisions for the • Minimize the burden of the percent of the average for the payment of wages determined to be collection of information on those who corresponding period for the prior two prevailing by the Secretary of Labor in are to respond, including through the years, causing Alaska’s EB period that accordance with the Davis-Bacon Act. use of appropriate automated, began March 4, 2001 to trigger ‘‘off’’ The prevailing rates and fringe benefits electronic, mechanical, or other effective June 2, 2001. determined in these decisions shall, in accordance with the provisions of the technological collection techniques or Information for Claimants other forms of information technology, foregoing statutes, constitute the e.g., permitting electronic submission of The duration of benefits payable in minimum wages payable on Federal and responses. the EB Program, and the terms and federally assisted construction projects Type of Review: Extension of a conditions on which they are payable, to laborers and mechanics of the currently approved collection. are governed by the Federal-State specified classes engaged on contract Agency: Occupational Safety and Extended Unemployment Compensation work of the character and in the Health Administration (OSHA). Act of 1970, as amended, and the localities described therein. Title: Student Data Form. operating instructions issued to the Good cause is hereby found for not OMB Number: 1218–0172. States by the U.S. Department of Labor. utilizing notice and public comment Affected Public: Individuals or In the case of a State ending an EB procedure thereon prior to the issuance households; Business or other for-profit; period, the State employment security of these determinations as prescribed in Not-for-profit institutions; Federal agency will furnish a written notice to 5 U.S.C. 553 and not providing for delay Government; and State, Local, or Tribal each individual who is currently filing in the effective date as prescribed in that Government. a claim for EB of the forthcoming end section, because the necessity to issue Frequency: On occasion. of the EB period and its effect on the current construction industry wage Number of Respondents: 5,000. individual’s rights to EB (30 CFR determinations frequently and in large Number of Annual Responses: 5,000. 615.13(c)(4)). volume causes procedures to be
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impractical and contrary to the public NJ010003 (Mar. 02, 2001) VA010003 (Mar. 02, 2001) interest. NJ010004 (Mar. 02, 2001) VA010005 (Mar. 02, 2001) General wage determination NJ010005 (Mar. 02, 2001) VA010006 (Mar. 02, 2001) decisions, and modifications and NJ010007 (Mar. 02, 2001) VA010009 (Mar. 02, 2001) New York supersedeas decisions thereto, contain VA010014 (Mar. 02, 2001) NY010002 (Mar. 02, 2001) VA010015 (Mar. 02, 2001) no expiration dates and are effective NY010003 (Mar. 02, 2001) VA010017 (Mar. 02, 2001) from their date of notice in the Federal NY010004 (Mar. 02, 2001) VA010018 (Mar. 02, 2001) Register, or on the date written notice NY010005 (Mar. 02, 2001) VA010019 (Mar. 02, 2001) is received by the agency, whichever is NY010006 (Mar. 02, 2001) VA010022 (Mar. 02, 2001) earlier. These decisions are to be used NY010007 (Mar. 02, 2001) VA010023 (Mar. 02, 2001) in accordance with the provisions of 29 NY010008 (Mar. 02, 2001) VA010031 (Mar. 02, 2001) CFR Parts 1 and 5. Accordingly, the NY010010 (Mar. 02, 2001) VA010033 (Mar. 02, 2001) applicable decision, together with any NY010011 (Mar. 02, 2001) VA010035 (Mar. 02, 2001) NY010012 (Mar. 02, 2001) modifications issued, must be made a VA010036 (Mar. 02, 2001) NY010013 (Mar. 02, 2001) VA010042 (Mar. 02, 2001) part of every contract for performance of NY010015 (Mar. 02, 2001) VA010051 (Mar. 02, 2001) the described work within the NY010016 (Mar. 02, 2001) VA010052 (Mar. 02, 2001) geographic area indicated as required by NY010017 (Mar. 02, 2001) VA010054 (Mar. 02, 2001) an applicable Federal prevailing wage NY010018 (Mar. 02, 2001) VA010055 (Mar. 02, 2001) law and 29 CFR Part 5. The wage rates NY010019 (Mar. 02, 2001) VA010064 (Mar. 02, 2001) and fringe benefits, notices of which is NY010020 (Mar. 02, 2001) VA010079 (Mar. 02, 2001) published herein, and which are NY010021 (Mar. 02, 2001) VA010080 (Mar. 02, 2001) contained in the Government Printing NY010022 (Mar. 02, 2001) VA010081 (Mar. 02, 2001) NY010025 (Mar. 02, 2001) Office (GPO) document entitled VA010084 (Mar. 02, 2001) NY010026 (Mar. 02, 2001) VA010085 (Mar. 02, 2001) ‘‘General Wage Determinations Issued NY010031 (Mar. 02, 2001) VA010087 (Mar. 02, 2001) Under The Davis-Bacon And Related NY010032 (Mar. 02, 2001) VA010088 (Mar. 02, 2001) Acts,’’ shall be the minimum paid by NY010033 (Mar. 02, 2001) VA010092 (Mar. 02, 2001) contractors and subcontractors to NY010034 (Mar. 02, 2001) VA010099 (Mar. 02, 2001) laborers and mechanics. NY010036 (Mar. 02, 2001) Volume III Any person, organization, or NY010038 (Mar. 02, 2001) governmental agency having an interest NY010039 (Mar. 02, 2001) Alabama in the rates determined as prevailing is NY010040 (Mar. 02, 2001) AL010001 (Mar. 02, 2001) NY010041 (Mar. 02, 2001) AL010008 (Mar. 02, 2001) encouraged to submit wage rate and NY010042 (Mar. 02, 2001) AL010034 (Mar. 02, 2001) fringe benefit information for NY010043 (Mar. 02, 2001) Florida consideration by the Department. NY010044 (Mar. 02, 2001) FL010001 (Mar. 02, 2001) Further information and self- NY010045 (Mar. 02, 2001) FL010032 (Mar. 02, 2001) explanatory forms for the purpose of NY010046 (Mar. 02, 2001) Tennessee submitting this data may be obtained by NY010047 (Mar. 02, 2001) TN010001 (Mar. 02, 2001) writing to the U.S. Department of Labor, NY010048 (Mar. 02, 2001) TN010002 (Mar. 02, 2001) Employment Standards Administration, NY010049 (Mar. 02, 2001) TN010003 (Mar. 02, 2001) Wage and Hour Division, Division of NY010050 (Mar. 02, 2001) TN010005 (Mar. 02, 2001) NY010051 (Mar. 02, 2001) TN010018 (Mar. 02, 2001) Wage Determinations, 200 Constitution NY010058 (Mar. 02, 2001) TN010038 (Mar. 02, 2001) Avenue, NW., Room S–3014, NY010060 (Mar. 02, 2001) TN010039 (Mar. 02, 2001) Washington, DC 20210. NY010066 (Mar. 02, 2001) TN010040 (Mar. 02, 2001) Modification to General Wage NY010067 (Mar. 02, 2001) TN010041 (Mar. 02, 2001) NY010071 (Mar. 02, 2001) TN010042 (Mar. 02, 2001) Determination Decisions NY010072 (Mar. 02, 2001) TN010043 (Mar. 02, 2001) The number of decisions listed to the NY010075 (Mar. 02, 2001) TN010045 (Mar. 02, 2001) Government Printing Office document NY010077 (Mar. 02, 2001) TN010062 (Mar. 02, 2001) entitled ‘‘General Wage Determinations Volume II Volume IV Issued Under the Davis-Bacon and District of Columbia Illinois Related Acts’’ being modified are listed DC010001 (Mar. 02, 2001) IL010001 (Mar. 02, 2001) by Volume and State. Dates of DC010003 (Mar. 02, 2001) IL010002 (Mar. 02, 2001) publication in the Federal Register are Maryland IL010003 (Mar. 02, 2001) in parentheses following the decisions MD010002 (Mar. 02, 2001) IL010004 (Mar. 02, 2001) being modified. MD010007 (Mar. 02, 2001) IL010005 (Mar. 02, 2001) MD010009 (Mar. 02, 2001) IL010006 (Mar. 02, 2001) Volume I MD010021 (Mar. 02, 2001) IL010007 (Mar. 02, 2001) Connecticut MD010036 (Mar. 02, 2001) IL010008 (Mar. 02, 2001) CT010001 (Mar. 02, 2001) MD010042 (Mar. 02, 2001) IL010009 (Mar. 02, 2001) CT010002 (Mar. 02, 2001) MD010048 (Mar. 02, 2001) IL010010 (Mar. 02, 2001) CT010004 (Mar. 02, 2001) MD010056 (Mar. 02, 2001) IL010011 (Mar. 02, 2001) CT010005 (Mar. 02, 2001) MD010057 (Mar. 02, 2001) IL010012 (Mar. 02, 2001) Maine Pennsylvania IL010013 (Mar. 02, 2001) ME010001 (Mar. 02, 2001) PA010011 (Mar. 02, 2001) IL010014 (Mar. 02, 2001) ME010002 (Mar. 02, 2001) PA010016 (Mar. 02, 2001) IL010015 (Mar. 02, 2001) ME010006 (Mar. 02, 2001) PA010027 (Mar. 02, 2001) IL010016 (Mar. 02, 2001) ME010008 (Mar. 02, 2001) PA010038 (Mar. 02, 2001) IL010017 (Mar. 02, 2001) New Jersey PA010041 (Mar. 02, 2001) IL010023 (Mar. 02, 2001) NJ010001 (Mar. 02, 2001) PA010043 (Mar. 02, 2001) IL010028 (Mar. 02, 2001) NJ010002 (Mar. 02, 2001) Virginia IL010034 (Mar. 02, 2001)
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IL010038 (Mar. 02, 2001) KS010069 (Mar. 02, 2001) WA010013 (Mar. 02, 2001) IL010039 (Mar. 02, 2001) KS010070 (Mar. 02, 2001) WA010023 (Mar. 02, 2001) IL010040 (Mar. 02, 2001) Missouri IL010041 (Mar. 02, 2001) MO010001 (Mar. 02, 2001) Volume VII IL010044 (Mar. 02, 2001) MO010002 (Mar. 02, 2001) California IL010049 (Mar. 02, 2001) MO010003 (Mar. 02, 2001) CA010001 (Mar. 02, 2001) IL010053 (Mar. 02, 2001) MO010008 (Mar. 02, 2001) CA010002 (Mar. 02, 2001) IL010055 (Mar. 02, 2001) MO010009 (Mar. 02, 2001) CA010004 (Mar. 02, 2001) IL010056 (Mar. 02, 2001) MO010010 (Mar. 02, 2001) CA010009 (Mar. 02, 2001) IL010059 (Mar. 02, 2001) MO010011 (Mar. 02, 2001) CA010027 (Mar. 02, 2001) IL010060 (Mar. 02, 2001) MO010012 (Mar. 02, 2001) IL010062 (Mar. 02, 2001) MO010013 (Mar. 02, 2001) CA010028 (Mar. 02, 2001) IL010063 (Mar. 02, 2001) MO010015 (Mar. 02, 2001) CA010029 (Mar. 02, 2001) IL010064 (Mar. 02, 2001) MO010016 (Mar. 02, 2001) CA010030 (Mar. 02, 2001) IL010065 (Mar. 02, 2001) MO010042 (Mar. 02, 2001) CA010031 (Mar. 02, 2001) Indiana MO010048 (Mar. 02, 2001) CA010032 (Mar. 02, 2001) IN010001 (Mar. 02, 2001) MO010049 (Mar. 02, 2001) CA010033 (Mar. 02, 2001) IN010002 (Mar. 02, 2001) MO010050 (Mar. 02, 2001) CA010034 (Mar. 02, 2001) IN010003 (Mar. 02, 2001) MO010054 (Mar. 02, 2001) CA010035 (Mar. 02, 2001) IN010004 (Mar. 02, 2001) MO010057 (Mar. 02, 2001) CA010036 (Mar. 02, 2001) IN010005 (Mar. 02, 2001) MO010058 (Mar. 02, 2001) CA010037 (Mar. 02, 2001) IN010006 (Mar. 02, 2001) MO010065 (Mar. 02, 2001) IN010007 (Mar. 02, 2001) CA010038 (Mar. 02, 2001) Oklahoma CA010039 (Mar. 02, 2001) IN010008 (Mar. 02, 2001) OK010013 (Mar. 02, 2001) CA010040 (Mar. 02, 2001) IN010016 (Mar. 02, 2001) OK010014 (Mar. 02, 2001) IN010017 (Mar. 02, 2001) OK010016 (Mar. 02, 2001) CA010041 (Mar. 02, 2001) IN010018 (Mar. 02, 2001) OK010017 (Mar. 02, 2001) IN010020 (Mar. 02, 2001) General Wage Determination OK010028 (Mar. 02, 2001) Publication IN010021 (Mar. 02, 2001) OK010030 (Mar. 02, 2001) IN010023 (Mar. 02, 2001) OK010031 (Mar. 02, 2001) IN010032 (Mar. 02, 2001) General wage determinations issued OK010032 (Mar. 02, 2001) under the Davis-Bacon and related Acts, IN010047 (Mar. 02, 2001) OK010034 (Mar. 02, 2001) IN010048 (Mar. 02, 2001) OK010035 (Mar. 02, 2001) including those noted above, may be IN010049 (Mar. 02, 2001) OK010036 (Mar. 02, 2001) found in the Government Printing Office Minnesota OK010037 (Mar. 02, 2001) (GPO) document entitled ‘‘General Wage MN010007 (Mar. 02, 2001) OK010038 (Mar. 02, 2001) Determinations Issued Under The Davis- MN010008 (Mar. 02, 2001) OK010043 (Mar. 02, 2001) Bacon And Related Acts’’. This Wisconsin Texas publication is available at each of the 50 WI010001 (Mar. 02, 2001) TX010007 (Mar. 02, 2001) Regional Government Depository Volume V TX010009 (Mar. 02, 2001) Libraries and many of the 1,400 TX010015 (Mar. 02, 2001) Government Libraries across the Iowa TX010018 (Mar. 02, 2001) IA010002 (Mar. 02, 2001) TX010019 (Mar. 02, 2001) country. IA010003 (Mar. 02, 2001) TX010033 (Mar. 02, 2001) General wage determinations issued IA010004 (Mar. 02, 2001) TX010034 (Mar. 02, 2001) under the Davis-Bacon and related Acts IA010010 (Mar. 02, 2001) TX010037 (Mar. 02, 2001) IA010014 (Mar. 02, 2001) are available electronically at no cost on TX010060 (Mar. 02, 2001) the Government Printing Office site at IA010016 (Mar. 02, 2001) TX010061 (Mar. 02, 2001) IA010017 (Mar. 02, 2001) TX010064 (Mar. 02, 2001) www.access.gpo.gov/davisbacon. They IA010028 (Mar. 02, 2001) TX010081 (Mar. 02, 2001) are also available electronically by IA010032 (Mar. 02, 2001) TX010100 (Mar. 02, 2001) subscription to the FedWorld Bulletin IA010045 (Mar. 02, 2001) TX010114 (Mar. 02, 2001) Board System of the National Technical IA010056 (Mar. 02, 2001) Information Service (NTIS) of the U.S. Volume VI IA010060 (Mar. 02, 2001) Department of Commerce at 1–800–363– IA010070 (Mar. 02, 2001) Idaho 2068. Kansas ID010001 (Mar. 02, 2001) KS010006 (Mar. 02, 2001) ID010003 (Mar. 02, 2001) Hard-copy subscription may be KS010007 (Mar. 02, 2001) ID010013 (Mar. 02, 2001) purchased from: Superintendent of KS010008 (Mar. 02, 2001) ID010014 (Mar. 02, 2001) Documents, U.S. Government Printing KS010009 (Mar. 02, 2001) North Dakota Office, Washington, D.C. 20402, (202) KS010010 (Mar. 02, 2001) ND010004 (Mar. 02, 2001) 512–1800. KS010011 (Mar. 02, 2001) Oregon KS010012 (Mar. 02, 2001) OR010001 (Mar. 02, 2001) When ordering hard-copy KS010013 (Mar. 02, 2001) OR010004 (Mar. 02, 2001) subscription(s), be sure to specify the KS010016 (Mar. 02, 2001) OR010017 (Mar. 02, 2001) State(s) of interest, since subscriptions KS010017 (Mar. 02, 2001) Washington may be ordered for any or all of the six KS010019 (Mar. 02, 2001) WA010001 (Mar. 02, 2001) separate volumes, arranged by State. KS010021 (Mar. 02, 2001) WA010002 (Mar. 02, 2001) Subscriptions include an annual edition KS010022 (Mar. 02, 2001) WA010003 (Mar. 02, 2001) (issued in January or February) which KS010023 (Mar. 02, 2001) WA010004 (Mar. 02, 2001) KS010025 (Mar. 02, 2001) WA010005 (Mar. 02, 2001) includes all current general wage KS010026 (Mar. 02, 2001) WA010006 (Mar. 02, 2001) determinations for the States covered by KS010029 (Mar. 02, 2001) WA010007 (Mar. 02, 2001) each volume. Throughout the remainder KS010035 (Mar. 02, 2001) WA010008 (Mar. 02, 2001) of the year, regular weekly updates will KS010061 (Mar. 02, 2001) WA010011 (Mar. 02, 2001) be distributed to subscribers.
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Signed at Washington, DC this 24th day of improvement of miner health and safety necessary to perform their jobs in the May, 2001. is an important element of federal safest manner possible. Carl J. Poleskey, efforts to make the nation’s mines safer Type of Review: Extension. Chief, Branch of Construction Wage places in which to work. Section 115(a) Agency: Mine Safety and Health Determinations. of the Mine Act states that ‘‘each Administration. [FR Doc. 01–13647 Filed 5–31–01; 8:45 am] operator of a coal or other mine shall Title: Training Plans. BILLING CODE 4510–27–M have a health and safety program which OMB Number: 1219–0009. shall be approved by the Secretary.’’ OMB Number: 1219–0009. Title 30, C.F.R. 48.3 and 48.23 Affected Public: Business or other for- DEPARTMENT OF LABOR specifically address the requirements for profit. training plans. The standards are Frequency: On Occasion. Mine Safety and Health Administration intended to ensure that miners will be Cite/Reference/Form/etc.: 30 CFR 48.3 and 48.23. Proposed Information Collection effectively trained in matters affecting their health and safety, with the Total Respondents: 1,294. Request Submitted for Public Total Responses: 1,294. ultimate goal being the reduction of Comment and Recommendations; Average Time per Response: 8 hours. Training Plans frequency and severity of the injuries in Estimated Total Burden Hours: 10,352 the nation’s mines. hours. ACTION: Notice. II. Desired Focus of Comments Total Annualized Capital/Startup Costs: $0. SUMMARY: The Department of Labor, as Currently, the Mine Safety and Health Total Operating and Maintenance part of its continuing effort to reduce Administration (MSHA) is soliciting Costs: $2,588. paperwork and respondent burden, comments concerning the proposed Comments submitted in response to conducts a preclearance consultation extension of the information collection this notice will be summarized and/or program to provide the general public related to Training Plans. MSHA is included in the request for Office of and Federal agencies with an particularly interested in comments Management and Budget approval of the opportunity to comment on proposed which: information collection request; they will and/or continuing collections of • Evaluate whether the proposed also become a matter of public record. information in accordance with the collection of information is necessary Paperwork Reduction Act of 1995 for the proper performance of the Dated: May 23, 2001. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This functions of the agency, including Brenda C. Teaster, program helps to ensure that requested whether the information will have Acting Chief, Records Management Division. data can be provided in the desired practical utility; [FR Doc. 01–13782 Filed 5–31–01; 8:45 am] • format, reporting burden (time and Evaluate the accuracy of the BILLING CODE 4510–43–M financial resources) is minimized, agency’s estimate of the burden of the collection instruments are clearly proposed collection of information, understood, and the impact of collection including the validity of the DEPARTMENT OF LABOR requirements on respondents can be methodology and assumptions used; • properly assessed. Enhance the quality, utility, and Mine Safety and Health Administration DATES: Submit comments on or before clarity of the information to be Proposed Information Collection July 31, 2001. collected; and • Minimize the burden of the Request Submitted for Public ADDRESSES: Send comments to Brenda collection of information on those who Comment and Recommendations; C. Teaster, Acting Chief, Records are to respond, including through the Escape and Evacuation Plan Management Division, 4015 Wilson use of appropriate automated, Boulevard, Room 709A, Arlington, VA electronic, mechanical, or other ACTION: Notice. 22203–1984. Commenters are technological collection techniques or encouraged to send their comments on SUMMARY: The Department of Labor, as other forms of information technology, part of its continuing effort to reduce a computer disk, or via Internet E-mail e.g., permitting electronic submissions to [email protected], along with an paperwork and respondent burden of responses. conducts a preclearance consultation original printed copy. A copy of the proposed information program to provide the general public Ms. Teaster can be reached at (703) collection request may be viewed on the and Federal agencies with an 235–1470 (voice), or (703) 235–1563 Internet by accessing the MSHA Home opportunity to comment on proposed (facsimile). Page (http://www.msha.gov) and and/or continuing collections of FOR FURTHER INFORMATION CONTACT: selecting ‘‘Statutory and Regulatory information in accordance with the Brenda C. Teaster, Acting Chief, Records Information’’ then ‘‘Paperwork Paperwork Reduction Act of 1995 Management Division, U.S. Department Reduction Act submission (http:// (PRA95) (44 U.S.C. 3506(c)(2)(A)). This of Labor, Mine Safety and Health www.msha.gov/regspwork.htm)’’, or by program helps to ensure that requested Administration, Room 709A, 4015 contacting the employee listed above in data can be provided in the desired Wilson Boulevard, Arlington, VA the FOR FURTHER INFORMATION CONTACT. 22203–1984. Ms. Teaster can be reached format, reporting burden (time and at [email protected] (Internet E-mail), III. Current Actions financial resources) is minimized, (703) 235–1470 (voice), or (703) 235– Approved training plans are used to collection instruments are clearly 1563 (facsimile). implement training programs for understood, and the impact of collection requirements on respondents can be SUPPLEMENTARY INFORMATION: training new miners, training newly employed experienced miners, training properly assessed. I. Background miners for new tasks, annual refresher DATES: Submit comments on or before The Federal Mine Safety and Health training, and hazard training. The plans July 31, 2001. Act of 1977 (Mine Act), recognizes that are also used by MSHA to ensure that ADDRESSES: Send comments to Brenda the role of education and training in the all miners are receiving the training C. Teaster, Acting Chief, Records
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Management Division, 4015 Wilson A copy of the proposed information SUMMARY: OSHA solicits comments Boulevard, Room 709A, 4015, collection request may be viewed on the concerning its request to increase the Arlington, VA 22203–1984. Commenters Internet by accessing the MSHA Home existing burden-hour estimates for, and are encouraged to send their comments Page (http://www.msha.gov) and to extend OMB approval of, the on a computer disk, or via Internet E- selecting ‘‘Statutory and Regulatory collection-of-information requirements mail to [email protected], along with Information’’ then ‘‘Paperwork of the Cadmium in Construction an original printed copy. Ms. Teaster Reduction Act Submissions (http:// Standard (29 CFR 1926.1127). can be reached at (703) 235–1470 www.msha.gov/regspwork.htm)’’, or by DATES: Submit written comments on or (voice), or (703) 235–1563 (facsimile). contacting the employee listed above in before July 31, 2001. FOR FURTHER INFORMATION CONTACT: the FOR FURTHER INFORMATION CONTACT ADDRESSES: Submit written comments Brenda C. Teaster, Acting Chief, Records section of this notice for a hard copy. to the Docket Office, Docket No. ICR– Management Division, U.S. Department III. Current Actions 1218–0186(2001), OSHA, U.S. of Labor, Mine Safety and Health Department of Labor, Room N–2625, Administration, Room 709A, 4015 An accurate, up-to-date plan is vital to 200 Constitutional Avenue, NW., Wilson Boulevard, Arlington, VA the safety of the miners and rescue Washington, DC 20210; telephone (202) 22203–1984. Ms. Teaster can be reached personnel in the event of an emergency. 693–2350. Commenters may transmit at [email protected] (Internet E-mail), The plans are monitored by MSHA to written comments of 10 pages or less by (703) 235–1470 (voice), or (703) 235– ensure that plans are updated as mining facsimile to (202) 693–1648. 1563 (facsimile). progresses and that the escape routes are FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: still effective. Todd Owen, Directorate of Policy, Type of Review: Extension. I. Background OSHA, U.S. Department of Labor, Room Agency: Mine Safety and Health N–3641, 200 Constitution Avenue, NW., Title 30, CFR 57.11053 requires the Administration. Washington, DC 20210; telephone (202) development of an escape and Title: Escape and Evacuation Plan. 693–2444. A copy of the Agency’s OMB Number: 1219–0046. evacuation plan specifically addressing Information-Collection Request (ICR) Affected Public: Business or other for- the unique conditions of each supporting the need for the information profit institutions. underground metal and nonmetal mine. collections specified in the Cadmium in Frequency: On occasion. Section 57.11053 also requires that Construction Standard is available for revisions be made as mining progresses. Cite/Reference/Form/etc: 30 CFR 57.11053. inspection and copying in the Docket The plan must be available to the Office or by requesting a copy from inspector and conspicuously posted for Total Respondents: 284. Total Responses: 568. Todd Owen at (202) 693–2444. For the benefit of affected miners. The plan electronic copies of the ICR contact is required to be reviewed jointly by the Average Time per Response: 8 hours. Estimated Total Burden Hours: 4,544 OSHA on the Internet at http:// operator and MSHA once every 6 www.osha.gov/comp-links.html, and months. hours. Total Annualized Capital/Startup select ‘‘Information Collection II. Desired Focus of Comments Costs: $0. Requests.’’ Currently, the Mine Safety and Health Total Operating and Maintenance SUPPLEMENTARY INFORMATION: Costs: $1,704. Administration (MSHA) is soliciting I. Background comments concerning the proposed Comments submitted in response to extension of the information collection this notice will be summarized and/or The Department of Labor, as part of its related to the Escape and Evacuation included in the request for Office of continuing effort to reduce paperwork Plan. MSHA is particularly interested in Management and Budget approval of the and respondent (i.e., employer) burden, comments which: information collection request; they will conducts a preclearance consultation • Evaluate whether the proposed also become a matter of public record. program to provide the public with an collection of information is necessary Dated: May 23, 2001. opportunity to comment on proposed and continuing information-collection for the proper performance of the Brenda C. Teaster, requirements in accordance with the functions of the agency, including Acting Chief, Records Management Division. whether the information will have Paperwork Reduction Act of 1995 [FR Doc. 01–13783 Filed 5–31–01; 8:45 am] practical utility; (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This • Evaluate the accuracy of the BILLING CODE 4510–43–M program ensures that information is in agency’s estimate of the burden of the the desired format, reporting burden proposed collection of information, (time and cost) is minimal, collection DEPARTMENT OF LABOR including the validity of the instruments are understandable, and methodology and assumptions used; OSHA’s estimate of the information- • Occupational Safety and Health Enhance the quality, utility, and Administration collection burden is correct. The clarity of the information to be Occupational Safety and Health Act of collected; and [Docket No. ICR–1218–0186(2001)] the 1970 (the Act) authorizes • Minimize the burden of the information collection by employers as collection of information on those who Cadmium in Construction Standard (29 necessary or appropriate for are to respond, including through the CFR 1926.1127); Extension of the enforcement of the Act or for developing use of appropriate automated, Office of Management and Budget’s information regarding the causes and electronic, mechanical, or other (OMB) Approval of the Information- prevention of occupational injuries, technological collection techniques or Collection (Paperwork) Requirements illnesses, and accidents (29 U.S.C. 657). other forms of information technology, AGENCY: Occupational Safety and Health The information-collection e.g., permitting electronic or other forms Administration (OSHA), Labor. requirements specified in the Cadmium of information technology, e.g., in Construction Standard (§ 1926.1127) ACTION: Notice of an opportunity for permitting electronic submissions of protect employees from the adverse public comment. responses. health effects that may result from
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occupational exposure to cadmium. The Title: Cadmium in Construction. ADDRESSES: Comments regarding (a) major information-collection OMB Number: 1218–0186. whether the collection of information is requirements in § 1926.1127 include Affected Public: Business or other for- necessary for the proper performance of conducting employee exposure profit; not-for-profit institutions; Federal the functions of the agency, including monitoring, notifying employees of their government; State, local or tribal whether the information will have cadmium exposures, implementing a governments. practical utility; (b) the accuracy of the written compliance program, Number of Respondents: 10,000. agency’s estimate of burden including implementing a written emergency plan Frequency of Response: Occasionally. the validity of the methodology and for managing inadvertent and Average Time per Response: From 5 assumptions used; (c) ways to enhance substantial releases of airborne minutes (.08 hour) to maintain an the quality, utility and clarity of the cadmium, implementing medical employee’s medical or exposure record information to be collected; (d) ways to surveillance of employees, providing to 1.5 hours to administer an employee minimize the burden of the collection of examining physicians with specific medical examination. information on those who are to information, ensuring that employees Estimated Total Burden Hours: 36,631 respond, including through the use of receive a copy of their medical- hours. appropriate automated, electronic, surveillance results, maintaining Estimated Cost (Operation and mechanical, or other technological employees’ exposure-monitoring and Maintenance): $2,232,500. collection techniques or other forms of medical records for specific periods, IV. Authority and Signature information technology should be and providing access to these records by addressed to: Office of Information and OSHA, the National Institute for R. Davis Layne, Acting Assistant Regulatory Affairs of OMB, Attention: Occupational Safety and Health, the Secretary of Labor for Occupational Desk Officer for National Science affected employees, and their Safety and Health, directed the Foundation, 725 17th Street, NW., Room authorized representatives. preparation of this notice. The authority 10235, Washington, DC 20503, and to for this notice is the Paperwork Anita Eisenstadt, Assistant General II. Special Issues for Comment Reduction Act of 1995 (44 U.S.C. 3506), Counsel, through surface mail (National OSHA has a particular interest in Secretary of Labor’s Order No. 3–2000 Science Foundation, 4201 Wilson comments on the following issues: (65 FR 50017). Boulevard, Room 1265, Arlington, • Whether the proposed information- Signed at Washington, DC on May 29, Virginia 22230); email collection requirements are necessary 2001. ([email protected]) or fax (703–292– for the proper performance of the R. Davis Layne, 9041). Copies of the submission(s) may Agency’s functions, including whether Acting Assistant Secretary of Labor. be obtained by calling 703–292–8060. the information is useful; NSF may not conduct or sponsor a • [FR Doc. 01–13924 Filed 5–31–01; 8:45 am] The accuracy of OSHA’s estimate of collection of information unless the BILLING CODE 4510–26–M the burden (time and cost) of the collection of information displays a information-collection requirements, currently valid OMB control number including the validity of the and the agency informs potential NATIONAL SCIENCE FOUNDATION methodology and assumptions used; persons who are to respond to the • The quality, utility, and clarity of Agency Information Collection collection of information that such the information collected; and persons are not required to respond to • Ways to minimize the burden on Activities; Proposed Collection; the collection of information unless it employers who must comply; for Comment Request displays a currently valid OMB control example, by using automated or other AGENCY: National Science Foundation. number. technological information-collection and -transmission techniques. ACTION: Submission for OMB review; FOR FURTHER INFORMATION CONTACT: Call comment request. or write Anita Eisenstadt, Assistant III. Proposed Actions General Counsel, at the National SUMMARY: Under the Paperwork OSHA is requesting to increase the Science Foundation, 4201 Wilson Reduction Act of 1995, Pub. L. 104–13 existing burden-hour estimate for, and Boulevard, Room 1265, Arlington, (44 U.S.C. 3501 et seq.), and as part of to extend OMB approval of, the Virginia 22230; call (703) 292–8060, or its continuing effort to reduce collection-of-information requirements send email to [email protected]. paperwork and respondent burden, the specified in § 1926.1127. In this regard, SUPPLEMENTARY INFORMATION: National Science Foundation (NSF) is the Agency is requesting to increase the Title of Collection: Antarctic inviting the general public and other current burden-hour estimate from emergency response plan and Federal agencies to comment on this 36,388 hours to 36,631 hours, a total environmental protection information. proposed information collection. This is increase of 243 hours. This increase Abstract: The NSF, pursuant to the the second notice for public comment; results mainly from reestimating the Antarctic Conservation Act of 1978 (16 the first was published in the Federal burden hours required for employers to U.S.C. 2401 et seq.) (‘‘ACA’’) regulates Register at 66 FR 2943 and no determine if cadmium is present in the certain non-governmental activities in comments were received. NSF is workplace and, if so, whether employee Antarctica. The ACA was amended in forwarding the proposed submission to exposure above the action level is 1996 by the Antarctic Science, Tourism, the Office of Management and Budget possible. OSHA will summarize the and Conservation Act. On June 4, 1998, (OMB) for clearance simultaneously comments submitted in response to this NSF published a proposed rule in the with the publication of this second notice, and will include this summary Federal Register (63 FR 30438) to notice. in its request to OMB to extend the implement certain of these statutory approval of this information-collection DATES: Comments regarding these amendments. The proposed rule would requirements. information collections are best assured require non-governmental Antarctic Type of Review: Extension of of having their full effect if received by expeditions using non-U.S. flagged currently approved information- OMB within 30 days of publication in vessels to ensure that the vessel owner collection requirements. the Federal Register. has an emergency response plan. The
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proposed rule would also require following proposal for the collection of dose received as a result of an accident persons organizing a non-governmental information under the provisions of the or incident (if this dose is in excess of expedition to provide expedition Paperwork Reduction Act of 1995 (44 the 10 CFR Part 20 limits) so that he or members with information on their U.S.C. Chapter 35). The NRC hereby she can seek counseling about future environmental protection obligations informs potential respondents that an work involving radiation, medical under the Antarctic Conservation Act. agency may not conduct or sponsor, and attention, or both, as desired; and (c) The notice of proposed rule stated that that a person is not required to respond since long-term exposure to radiation the rule was not subject to the to, a collection of information unless it may be an adverse health factor, the Paperwork Reduction Act because of the displays a currently valid OMB control individual needs to know whether the small number of U.S. operators subject number. accumulated dose is being controlled to the rule. Based upon comments 1. Type of submission, new, revision, within NRC limits. The worker also received on the proposed rule and the or extension: Extension. needs to know about health risks from slight increase in applicable tour 2. The title of the information occupational exposure to radioactive operators, NSF has determined that it collection: 10 CFR Part 19, ‘‘Notices, materials or radiation, precautions or will issue this information collection Instructions, and Reports to Workers: procedures to minimize exposure, notice to satisfy the requirements of the Inspection and Investigations’’. worker responsibilities and options to Paperwork Reduction Act of 1995, prior 3. The form number if applicable: N/ report any licensee conditions which to issuing the final rule. A. may lead to or cause a violation of Expected Respondents. Respondents 4. How often the collection is Commission regulations, and individual may include non-profit organizations required: As necessary in order that radiation exposure reports which are and small and large businesses. The adequate and timely reports of radiation available to him. majority of respondents are anticipated exposure be made to individuals A copy of the final supporting to be U.S. tour operators, currently involved in NRC-licensed activities. statement may be viewed free of charge estimated to number twelve. 5. Who is required or asked to report: at the NRC Public Document Room, One Burden on the Public. The Foundation Licensees authorized to receive, possess, White Flint North, 11555 Rockville estimates that a one-time paperwork and use, or transfer material licensed by the Pike, Room O–1 F23, Rockville, MD recordkeeping burden of 40 hours or NRC. 20852. OMB clearance requests are 6. The estimated number of annual less, at a cost of $500 to $1400 per available at the NRC worldwide web responses: 395,221. respondent, will result from the site: http://www.nrc.gov/NRC/PUBLIC/ 7. The number of annual respondents: emergency response plan requirement OMB/index.html. The document will be 6000. available on the NRC home page site for contained in the proposed rule. 8. The number of hours needed 60 days after the signature date of this Presently, all respondents have been annually to complete the requirement or providing expedition members with a notice. request: 43,037 reporting hours. Comments and questions should be copy of the Guidance for Visitors to the 9. An indication of whether section directed to the OMB reviewer listed Antarctic (prepared and adopted at the 3507(d), Pub. L. 104–13 applies: Not below by July 2, 2001. Comments Eighteenth Antarctic Treaty applicable. Consultative Meeting as 10. Abstract: Title 10 of the Code of received after this date will be Recommendation XVIII–1). Because this Federal Regulations, Part 19, requires considered if it is practical to do so, but Antarctic Treaty System document licensees to advise workers on an assurance of consideration cannot be satisfies the environmental protection annual basis of any radiation exposure given to comments received after this information requirements of the they may have received as a result of date. proposed rule, no additional burden NRC-licensed activities or when certain Amy Farrell, Office of Information and shall result from the environmental conditions are met. These conditions Regulatory Affairs (3150–0044), information requirements in the apply during termination of the NEOB–10202, Office of Management proposed rule. worker’s employment, at the request of and Budget, Washington, DC 20503. Dated: April 18, 2001. a worker, former worker, or when the Dated at Rockville, Maryland, this 24th day Lawrence Rudolph, worker’s employer (the NRC licensee) of May , 2001. General Counsel. must report radiation exposure For the Nuclear Regulatory Commission. [FR Doc. 01–13768 Filed 5–31–01; 8:45 am] information on the worker to the NRC. Brenda Jo. Shelton, Part 19 also establishes requirements for BILLING CODE 7555–01–M NRC Clearance Officer, Office of the Chief instructions by licensees to individuals Information Officer. participating in licensed activities and [FR Doc. 01–13742 Filed 5–31–01; 8:45 am] options available to these individuals in BILLING CODE 7590–01–P NUCLEAR REGULATORY connection with Commission COMMISSION inspections of licensees to ascertain Agency Information Collection compliance with the provisions of the NUCLEAR REGULATORY Activities: Submission for the Office of Atomic Energy Act of 1954, as amended, COMMISSION Title II of the Energy Reorganization Act Management and Budget (OMB) [Docket No. 50–255] Review; Comment Request of 1974, and regulations, orders and licenses thereunder regarding Nuclear Management Company, LLC; AGENCY: U. S. Nuclear Regulatory radiological working conditions. Notice of Consideration of Issuance of Commission (NRC). The worker should be informed of the Amendment to Facility Operating ACTION: Notice of the OMB review of radiation dose he or she receives License and Opportunity for a Hearing information collection and solicitation because: (a) that information is needed of public comment. by both a new employer and the The U.S. Nuclear Regulatory individual when the employee changes Commission (the Commission) is SUMMARY: The NRC has recently jobs in the nuclear industry; (b) the considering issuance of an amendment submitted to OMB for review the individual needs to know the radiation to Facility Operating License No. DPR–
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20, held by Nuclear Management The existing limitations that Region I As required by 10 CFR 2.714, a Company, LLC (the licensee), for spent fuel racks may contain only ‘‘new petition for leave to intervene shall set operation of the Palisades Plant located or partially spent’’ fuel assemblies, and forth with particularity the interest of in Van Buren County, Michigan. that Region II spent fuel racks may the petitioner in the proceeding, and The proposed amendment would contain only ‘‘partially spent’’ fuel how that interest may be affected by the change the limiting conditions for assemblies, would be changed to ‘‘new results of the proceeding. The petition operation (LCOs), surveillance or irradiated fuel assemblies which meet should specifically explain the reasons requirements (SRs), and design features the initial enrichment, burnup, and why intervention should be permitted in the Technical Specifications (TSs) to decay time requirements of [the with particular reference to the provide more flexible fuel loading proposed revision to] Table 3.7.16–1.’’ following factors: (1) The nature of the constraints for the Palisades fuel storage The existing requirements that fuel petitioner’s right under the Act to be racks and accommodate future core assemblies in new or Region I fuel made a party to the proceeding; (2) the designs. The changes affect TS Sections storage racks must contain ‘‘216 rods nature and extent of the petitioner’s 3.7.15, ‘‘Spent Fuel Pool (SFP) Boron which are either UO2, Gd2O3UO2, or property, financial, or other interest in Concentration,’’ 3.7.16, ‘‘Spent Fuel solid metal’’ would be deleted. TS the proceeding; and (3) the possible Assembly Storage,’’ and 4.3, ‘‘Design 3.7.15 would continue to require that effect of any order which may be Features—Fuel Storage.’’ Allowed the spent fuel pool boron concentration entered in the proceeding on the uranium enrichments for storage would be equal to or greater than 1720 ppm petitioner’s interest. The petition should be increased. Enrichment limits for new whenever fuel is stored in the spent fuel also identify the specific aspect(s) of the fuel storage racks (currently limited to pool, and be verified weekly; however, subject matter of the proceeding as to fuel assemblies having a maximum the optional Action statement A.2.2 to which petitioner wishes to intervene. average planar uranium-235 (U-235) immediately initiate action to perform a Any person who has filed a petition for enrichment of 4.20 weight percent) spent fuel pool verification when the leave to intervene or who has been would be increased to allow storage of concentration is not within limits would admitted as a party may amend the 24 unirradiated fuel assemblies having a be deleted (as would a related portion petition without requesting leave of the maximum planar average U-235 of the applicability statement regarding Board up to 15 days prior to the first verification). The licensee also included prehearing conference scheduled in the enrichment of 4.95 weight percent, changes to the associated TS Bases. proceeding, but such an amended subject to proposed loading pattern Before issuance of the proposed petition must satisfy the specificity constraints (e.g., the center row being license amendment, the Commission requirements described above. empty if stored fuel exceeds 4.05 will have made findings required by the Not later than 15 days prior to the first percent U-235 enrichments). Similarly, Atomic Energy Act of 1954, as amended prehearing conference scheduled in the the new fuel storage racks could contain (the Act) and the Commission’s proceeding, a petitioner shall file a 36 unirradiated fuel assemblies having a regulations. supplement to the petition to intervene maximum planar average U-235 By July 2, 2001, the licensee may file which must include a list of the enrichment of 4.05 weight percent, a request for a hearing with respect to contentions which are sought to be subject to similar proposed loading issuance of the amendment to the litigated in the matter. Each contention pattern constraints not necessarily subject facility operating license and must consist of a specific statement of requiring the center row to be empty. any person whose interest may be the issue of law or fact to be raised or Region I fuel storage racks (currently affected by this proceeding and who controverted. In addition, the petitioner limited to a maximum enrichment of wishes to participate as a party in the shall provide a brief explanation of the 4.40 weight percent) would be changed proceeding must file a written request bases of the contention and a concise to allow storage of unirradiated or for a hearing and a petition for leave to statement of the alleged facts or expert irradiated fuel up to 4.95 weight percent intervene. Requests for a hearing and a opinion which support the contention enrichment on the basis of revised petition for leave to intervene shall be and on which the petitioner intends to criticality analyses that assume no filed in accordance with the rely in proving the contention at the credit for soluble boron in the pool Commission’s ‘‘Rules of Practice for hearing. The petitioner must also under normal conditions, but which Domestic Licensing Proceedings’’ in 10 provide references to those specific take credit for 1350 ppm of soluble CFR part 2. Interested persons should sources and documents of which the boron under accident conditions. consult a current copy of 10 CFR 2.714 petitioner is aware and on which the Enrichment requirements for Region II which is available at the Commission’s petitioner intends to rely to establish fuel storage racks (currently limited to Public Document Room, located at One those facts or expert opinion. Petitioner 3.27 weight percent) would be changed White Flint North, 11555 Rockville Pike must provide sufficient information to to allow storage of unirradiated fuel up (first floor), Rockville, Maryland and show that a genuine dispute exists with to 1.14 weight percent and irradiated accessible electronically through the the applicant on a material issue of law fuel of equivalent reactivity up to 4.6 ADAMS Public Electronic Reading or fact. Contentions shall be limited to weight percent initial enrichment on the Room link at the NRC Web site (http:/ matters within the scope of the basis of criticality analyses that take /www.nrc.gov). If a request for a hearing amendment under consideration. The credit for 850 ppm of soluble boron in or petition for leave to intervene is filed contention must be one which, if the pool under normal conditions and by the above date, the Commission or an proven, would entitle the petitioner to 1350 ppm of soluble boron under Atomic Safety and Licensing Board, relief. A petitioner who fails to file such accident conditions. The TSs (e.g., designated by the Commission or by the a supplement which satisfies these proposed Table 3.7.16–1) for allowable Chairman of the Atomic Safety and requirements with respect to at least one enrichments for fuel storage in Region II Licensing Board Panel, will rule on the contention will not be permitted to of the spent fuel pool or the north tilt request and/or petition; and the participate as a party. pit would continue to be based upon a Secretary or the designated Atomic Those permitted to intervene become combination of initial enrichment and Safety and Licensing Board will issue a parties to the proceeding, subject to any burnup, but the proposed change would notice of hearing or an appropriate limitations in the order granting leave to also add decay time to this combination. order. intervene, and have the opportunity to
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participate fully in the conduct of the NUCLEAR REGULATORY ASME Code Case N–640. Code Case N– hearing, including the opportunity to COMMISSION 640 provides an alternate reference present evidence and cross-examine fracture toughness methodology for [Docket Nos. 50–272 and 50–311] witnesses. reactor vessel materials for use in A request for a hearing or a petition PSEG Nuclear LLC; Salem Nuclear determining the P–T limits. The for leave to intervene must be filed with Generating Station, Unit Nos. 1 and 2; proposed action is in accordance with the Secretary of the Commission, U.S. Exemption PSEG’s application for exemption Nuclear Regulatory Commission, contained in its November 10, 2000, Washington, DC 20555–0001, Attention: 1.0 Background letter, as supplemented by letters dated Rulemakings and Adjudications Staff, or PSEG Nuclear LLC (PSEG or the March 28 and April 2, 2001. The may be delivered to the Commission’s licensee) is the holder of Facility proposed action is needed to support Public Document Room, located at One Operating License Nos. DPR–70 and PSEG’s license amendment request to increase thermal power levels by 1.4% White Flint North, 11555 Rockville Pike DPR–75 that authorize operation of the submitted under the same application (first floor), Rockville, Maryland, by the Salem Nuclear Generating Station, Unit (the final revision of the proposed P–T above date. A copy of the petition Nos. 1 and 2. The licenses provide, limit curves was submitted by the should also be sent to the Office of the among other things, that the facility is licensee by letter dated March 28, 2001). General Counsel, U.S. Nuclear subject to all rules, regulations, and The proposed license amendment will, Regulatory Commission, Washington, orders of the U.S. Nuclear Regulatory in part, revise the P–T limits for heatup, DC 20555–0001, and to Arunas T. Commission (NRC, the Commission) cooldown, core criticality, and Udrys, Esquire, Consumers Energy now or hereafter in effect. hydrostatic/leak test limitations for the Company, 212 West Michigan Avenue, The facility consists of two reactor coolant system (RCS) to 32 Jackson, MI 49201, attorney for the pressurized water reactors located at the effective full power years (EFPYs). licensee. licensee’s site on the southern end of Nontimely filings of petitions for Artificial Island in Lower Alloways Code Case N–640 leave to intervene, amended petitions, Creek Township, Salem County, New The licensee has proposed an supplemental petitions and/or requests Jersey. Salem, New Jersey, is located exemption to allow the use of Code Case for hearing will not be entertained approximately 7.5 miles northeast of the N–640, in conjunction with ASME absent a determination by the site. Section XI, Appendix G, 10 CFR Commission, the presiding officer or the 2.0 Purpose 50.60(a), and 10 CFR Part 50, Appendix presiding Atomic Safety and Licensing G, to determine the P–T limits, and Board that the petition and/or request Title 10 of the Code of Federal stated that this proposed alternative should be granted based upon a Regulations (10 CFR) Part 50, Appendix meets the underlying intent of the balancing of the factors specified in 10 G requires that pressure-temperature (P– NRC’s regulations. CFR 2.714(a)(1)(i)–(v) and 2.714(d). T) limits be established for reactor Standard Review Plan (NUREG–0800) pressure vessels (RPVs) during normal If a request for a hearing is received, Section 5.3.2 provides an acceptable operating and hydrostatic or leak rate the Commission’s staff may issue the method for determining the P–T limit testing conditions. Specifically, 10 CFR amendment after it completes its curves for ferritic materials in the Part 50, Appendix G states that ‘‘[t]he technical review and prior to the beltline of the RPV based on the linear appropriate requirements on * * * the completion of any required hearing if it elastic fracture mechanics (LEFM) pressure-temperature limits and publishes a further notice for public methodology of Appendix G to Section minimum permissible temperature must comment of its proposed finding of no XI of the Code. The basic parameter of be met for all conditions.’’ Appendix G significant hazards consideration in this methodology is the stress intensity to 10 CFR Part 50 also specifies that the accordance with 10 CFR 50.91 and factor KI, which is a function of the requirements for these limits are the 50.92. stress state and flaw configuration. American Society of Mechanical Appendix G requires a safety factor of For further details with respect to this Engineers (ASME) Code, Section XI, 2.0 on stress intensities resulting from action, see the application for Appendix G Limits. In Generic Letter reactor pressure during normal and amendment dated March 2, 2001, as 88–11, the NRC staff advised licensees transient operating conditions, and a supplemented by letter dated March 29, that the staff would use Regulatory safety factor of 1.5 on the same stresses 2001, which are available for public Guide (RG) 1.99, Revision 2, to review for hydrostatic testing curves. The inspection at the Commission’s Public P–T limit curves. RG 1.99, Revision 2, methods of Appendix G postulate the Document Room, located at One White provides guidance for implementing 10 existence of a sharp surface flaw in the Flint North, 11555 Rockville Pike (first CFR Part 50, Appendix G, and contains RPV that is normal to the direction of floor), Rockville, Maryland, and conservative methodologies for the maximum stress. This flaw is accessible electronically through the determining the increase in transition postulated to have a depth that is equal ADAMS Public Electronic Reading temperature and the decrease in upper- to 1/4 of the RPV beltline thickness and Room link at the NRC Web site (http:/ shelf energy (USE) resulting from a length equal to 1.5 times the RPV /www.nrc.gov). neutron radiation. beltline thickness. The critical locations Dated at Rockville, Maryland, this 24th day In order to address provisions of in the RPV beltline region for of May 2001. amendments to the Technical calculating heatup and cooldown P–T For the Nuclear Regulatory Commission. Specifications (TS) P–T limit curves, the curves are the 1/4 thickness (1/4T) and Darl S. Hood, licensee requested in its application 3/4 thickness (3/4T) locations, which Senior Project Manager, Section I, Project dated November 10, 2000, that the staff correspond to the maximum depth of Directorate III, Division of Licensing Project exempt, as permitted by 10 CFR the postulated inside surface and Management, Office of Nuclear Reactor 50.60(b), Salem, Unit Nos. 1 and 2, from outside surface defects, respectively. Regulation. application of specific requirements of The methodology provided in [FR Doc. 01–13740 Filed 5–31–01; 8:45 am] 10 CFR 50.60(a) and 10 CFR Part 50, Appendix G to Section XI of the ASME BILLING CODE 7590–01–P Appendix G, and substitute use of Code requires that licensees determine
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the adjusted reference temperature (ART Use of the KIc curve in determining pursuant to 10 CFR 50.12(a)(2)(ii), the or adjusted RTNDT). The ART is defined the lower bound fracture toughness in underlying purpose of the ASME Code as the sum of the initial (unirradiated) the development of P–T operating limit and NRC regulations to ensure an reference temperature (initial RTNDT), curves is more technically correct than acceptable margin of safety. the mean value of the adjustment in the K curve. The K curve Ia Ic 3.0 Discussion reference temperature caused by appropriately implements the use of irradiation (∆RTNDT), and a margin (M) static initiation fracture toughness Pursuant to 10 CFR 50.12, the term by application of RG 1.99, Revision behavior to evaluate the controlled Commission may, upon application by 2. The ∆RTNDT is a product of a heatup and cooldown process of a any interested person or upon its own chemistry factor and a fluence factor. reactor vessel. The licensee stated that initiative, grant exemptions from the The chemistry factor is dependent upon the use of the KIa curve, with its initial requirements of 10 CFR Part 50, when the amount of copper and nickel in the conservatism, was justified when the (1) the exemptions are authorized by material and may be determined from curve was codified in 1974. This initial law, will not present an undue risk to tables in RG 1.99, Revision 2, or from conservatism was necessary due to the public health or safety, and are surveillance data. The fluence factor is limited knowledge of RPV materials. consistent with the common defense dependent upon the neutron fluence at Since 1974, additional knowledge has and security; and (2) when special the maximum postulated flaw depth. been gained about RPV materials, that circumstances are present. Special The margin term is dependent upon demonstrates that the lower bound on circumstances are present whenever, whether the initial RTNDT is a plant- fracture toughness provided by the KIa according to 10 CFR 50.12(a)(2)(ii), specific or a generic value and whether curve is well beyond the margin of ‘‘Application of the regulation in the the chemistry factor (CF) was safety required to protect the public particular circumstances would not determined using the tables in RG 1.99, health and safety from potential RPV serve the underlying purpose of the rule Revision 2, or surveillance data. The failure. In addition, P–T curves based on or is not necessary to achieve the margin term is used to account for the KIc curve will enhance overall plant underlying purpose of the rule.’’ The uncertainties in the values of the initial safety by opening the P–T operating staff accepts the licensee’s RTNDT, the copper and nickel contents, window with the greatest safety benefit determination that an exemption would the fluence and the calculational in the region of low temperature be required to approve the use of Code procedures. RG 1.99, Revision 2, operations. The operating window Case N–640. The staff examined the describes the methodology to be used in through which the operator heats up licensee’s rationale to support the calculating the margin term. and cools down the RCS is determined exemption request and concurred that The Pressurized Thermal Shock (PTS) by the difference between the maximum the use of the code case would also meet rule, 10 CFR 50.61, requires that allowable pressure determined by the underlying intent of these licensees demonstrate that facility RPV Appendix G of ASME Section XI, and regulations. Based upon a consideration materials will continue to possess an the minimum required pressure for the of the conservatism that is explicitly adequate level of fracture resistance to reactor coolant pump (RCP) seals incorporated into the methodologies of protect the RPV from potential failure as adjusted for instrument uncertainties. 10 CFR Part 50, Appendix G; Appendix a result of PTS events. Each material’s Since the RCS P–T operating window G of the ASME Code; and RG 1.99, PTS reference temperature, RTPTS, is is defined by the P–T operating and test Revision 2, the staff concluded that determined in a manner like that used limit curves developed in accordance application of the code case as to determine ART, except that the with the ASME Section XI, Appendix G described would provide an acceptable neutron fluence at the clad-to-base procedure, continued operation of margin of safety against brittle failure of metal interface at end of license (EOL) Salem, Unit Nos. 1 and 2, with these P– the RPV. conditions is used in lieu of either the T curves without the relief provided by Therefore, since strict compliance 1/4T or 3/4T fluence. Each material’s ASME Code Case N–640 may with the requirements of 10 CFR Part RTPTS value is then compared to the unnecessarily restrict the P–T operating 50, Appendix G, is not necessary to screening limits given in 10 CFR 50.61, window, especially at low temperature serve the underlying purpose of the 270 °F for plates, forging, and axial conditions. The operating window regulation, the staff concludes that welds, and 300 °F for circumferential becomes more restrictive with application of Code Case N–640 to the welds. Provided that all RPV materials’ continued reactor vessel service. P–T limit calculations meets the special RTPTS values remain below these Implementation of the proposed P–T circumstance provisions stated in 10 screening limits, the fracture resistance curves, as allowed by ASME Code Case CFR 50.12(a)(2)(ii), for granting this of the RPV is demonstrated to be N–640, does not significantly reduce the exemption to the regulation, and that adequate to meet the requirements of 10 margin of safety. Thus, pursuant to 10 the methodology of Code Case N–640 CFR 50.61 through end of life. CFR 50.12(a)(2)(ii), the underlying may be used to revise the P–T limits for The proposed license amendments to purpose of the regulation will continue Salem, Unit Nos. 1 and 2. revise the P–T limits for Salem, Unit to be served. Nos. 1 and 2, rely in part on the In summary, the ASME Section XI, 4.0 Conclusion requested exemption. These revised P– Appendix G procedure was Accordingly, the Commission has T limits have been developed using the conservatively developed based on the determined that, pursuant to 10 CFR KIc fracture toughness curve shown in level of knowledge existing in 1974 50.12(a), the exemption is authorized by ASME Section XI, Appendix A, Figure concerning RPV materials and the law, will not endanger life or property A–2200–1, in lieu of the KIa fracture estimated effects of operation. Since or common defense and security, and is, toughness curve of ASME Section XI, 1974, the level of knowledge about these otherwise, in the public interest. Appendix G, Figure G–2210–1, as the topics has been greatly expanded. The Therefore, the Commission hereby lower bound for fracture toughness. The NRC staff concurs that this increased grants PSEG Nuclear LLC an exemption other margins involved with the ASME knowledge permits relaxation of the from the requirements of 10 CFR Part Section XI, Appendix G process for ASME Section XI, Appendix G 50, Section 50.60(a) and 10 CFR Part 50, establishing P–T limit curves remain requirements by application of ASME Appendix G, for Salem, Unit Nos. 1 and unchanged. Code Case N–640, while maintaining, 2.
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Pursuant to 10 CFR 51.32, the SECURITIES AND EXCHANGE AMERICAN STOCK EXCHANGE Commission has determined that the COMMISSION CONSTITUTION granting of this exemption will not have [Release No. 34–44341; File No. SR–Amex– Article IV a significant effect on the quality of the 2001–17] human environment (66 FR 24410). Admission to Membership This exemption is effective upon Self-Regulatory Organizations; Notice Number of Regular Memberships issuance. of Filing of Proposed Rule Change by SEC. 1(a)(1) Regular Membership— the American Stock Exchange LLC Dated at Rockville, Maryland, this 25th day There shall be up to 889[864] regular Increasing Regular Memberships and memberships in the Exchange, inclusive of May 2001. Creating Two-Year Permits of any regular memberships created For the Nuclear Regulatory Commission. May 23, 2001. through the options principal John A. Zwolinski, Pursuant to section 19(b)(1) of the membership upgrade program. The Director, Division of Licensing Project Securities Exchange Act of 1934 number of regular memberships shall be Management, Office of Nuclear Reactor (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 increased only if the Board of Governors Regulation. notice is hereby given that on March 19, requests The Amex Membership [FR Doc. 01–13741 Filed 5–31–01; 8:45 am] 2001, the American Stock Exchange LLC Corporation to issue additional regular BILLING CODE 7590–01–P (‘‘Amex’’ or ‘‘Exchange’’) filed with the memberships. Any such issuance of Securities and Exchange Commission additional regular memberships shall (‘‘Commission’’) the proposed rule require the approval of a majority of the change as described in Items I, II, and regular and options principal members RAILROAD RETIREMENT BOARD III below, which Items have been voting together as a single class at a prepared by the Amex. The Exchange meeting called for the purpose of Determination of Quarterly Rate of submitted Amendment Nos. 1, 2, and 3 considering the request that new regular Excise Tax for Railroad Retirement to the proposed rule change on May 3, memberships be issued. Supplemental Annuity Program 2001,3 May 16, 2001,4 and May 18, (2)–(3) No change. 2001,5 respectively. The Commission is (b)–(h) No change. In accordance with directions in publishing this notice to solicit (i) Two-Year Permits Section 3221(c) of the Railroad comments on the proposed rule change, (1) There shall be maximum of Retirement Tax Act (26 U.S.C., Section as amended, from interested persons. twenty-five two-year permits. Two-year 3221(c)), the Railroad Retirement Board permits shall expire two years from the I. Self-Regulatory Organization’s has determined that the excise tax effective date of the membership, but Statement of the Terms of Substance of may be renewed for an additional two imposed by such Section 3221(c) on the Proposed Rule Change every employer, with respect to having years at the discretion of the Exchange’s individuals in his employ, for each The Amex proposes to increase the Seat Fund Committee. Two-year permits work-hour for which compensation is number of regular memberships and are non-transferable. The price for two- create 25 two-year permits as a result of paid by such employer for services year permits will be determined by the a Regular Seat and Two-Year Permit rendered to him during the quarter Exchange’s Seat Fund Committee at the Offering Plan (the ‘‘Plan’’). The text of beginning of a 120-day offering period, beginning July 1, 2001, shall be at the the proposed rule change is set forth but shall not be less than $14,000. A rate of 26 cents. below. New language is in italics. two-year permit will automatically In accordance with directions in Deletions are in brackets. terminate in the event the holder goes Section 15(a) of the Railroad Retirement out of business or is delinquent in Act of 1974, the Railroad Retirement 1 15 U.S.C. 78s(b)(1). payment of dues, fines, fees, charges Board has determined that for the 2 17 CFR 240.19b–4. and any other financial responsibility 3 quarter beginning July 1, 2001, 38.6 Letter from Ivonne Natal, Assistant General Counsel, Amex, to Nancy Sanow, Assistant owed to the Exchange for more than percent of the taxes collected under Director, Division of Market Regulation thirty (30) consecutive days. In the event Sections 3211(b) and 3221(c) of the (‘‘Division’’), Commission, dated April 30, 2001 a two-year permit holder goes out of Railroad Retirement Tax Act shall be (‘‘Amendment No. 1’’). Amendment No. 1 states business, any monies for unpaid dues, that on April 30, 2001, a majority of the regular and credited to the Railroad Retirement options principal members, voting as a single class, fines, fees, charges and any other Account and 61.4 percent of the taxes voted in favor of the proposed rule change. financial responsibility due to the collected under such Sections 3211(b) 4 Letter from Ivonne Natal, Assistant General Exchange or any other creditor, will be Counsel, Amex, to Nancy Sanow, Assistant collected by the Exchange out of the and 3221(c) plus 100 percent of the Director, Division, Commission, dated May 14, 2001 taxes collected under Section 3221(d) of (‘‘Amendment No. 2’’). Amendment No. 2 requests proceeds of the sale of the two-year the Railroad Retirement Tax Act shall be the Commission to consider the Plan on a pilot permits. credited to the Railroad Retirement basis for a minimum of two years and a maximum (2) Requirements for Issuance of four years, in the event the Seat Fund Committee A two-year permit holder must: Supplemental Account. exercises its discretion to extend the Plan. (i) be at least the minimum age of Amendment No. 2 also states that there are Dated: May 24, 2001. approximately 300 members trading equities on the majority required to be responsible for By Authority of the Board. Exchange floor. his contracts in each jurisdiction in Beatrice Ezerski, 5 Letter from Ivonne Natal, Assistant General which he conducts business: Counsel, Amex, to Nancy Sanow, Assistant (ii) agree that his primary occupation Secretary to the Board. Director, Division, Commission, dated May 17, 2001 [FR Doc. 01–13766 Filed 5–31–01; 8:45 am] (‘‘Amendment No. 3’’). Amendment No. 3 clarifies will be the transaction of business on that the administrative fee that the Amex would the Floor of the Exchange in his BILLING CODE 7905–01–M receive for administering the Plan would be $750.00 capacity as a permit holder; and per sale/lease and that the administrative fee will (iii) obtain a waiver letter from their be collected out of the sale proceeds, prior to their distribution to the members. Amendment No. 3 also clearing firms waiving their right to file states that Amex members and the Board of a claim against the permit should the Governors have approved this fee. permit holder owe them money or,
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alternatively, a guarantee from another to be allocated as determined by the furthers the objectives of section member acceptable to the Exchange’s Exchange’s Seat Fund Committee 6(b)(2) 7 in particular in that it is Seat Fund Committee; and (‘‘Committee’’). The Committee would designed to provide that any registered (iv) meet such other qualifications as determine the sale price for regular seats broker or dealer or natural person may be specified in the plan approved and two-year permits and the effective associated with a registered broker or by the regular members of the Exchange date of the Plan. The price for regular dealer may become a member of such providing for the offering of such seats would be at least $600,000. The exchange and any person may become permits. Applications must be approved price for two-year permits would be at associated with a member thereof. by the Exchange in accordance with the least $14,000, per month. Authority to B. Self-Regulatory Organization’s provisions of Section 1(g) of this Article resolve and reach a final determination Statement on Burden on Competition IV. No person whose application for a on any and all issues relating to the permit has been approved by the administration of the Plan would be The Exchange does not believe that Exchange shall be admitted to the vested in the Committee. the proposed rule change will result in privileges thereof until he shall have The Committee would be able to any burden on competition that is not signed the Constitution of the Exchange. renew the two-year permits once for an necessary or appropriate in furtherance By such signature he shall pledge additional two years, but the permits of the purposes of the Act. himself to abide by the Constitution as would be non-transferable. A two-year permit would terminate if the holder C. Self-Regulatory Organization’s the same has been or shall be from time Statement on Comments on the to time amended and by all rules, went out of business. Monies owed to the Exchange by a two-year permit Proposed Rule Change Received From regulations, requirements, orders, Members, Participants, or Others directions or decisions adopted or made holder who went out of business would in accordance therewith. be collected by the Exchange out of the The Exchange did not solicit or (3) Rights and Obligations proceeds of sale of regular seats and receive written comments on the A two-year permit holder shall have two-year permits under the Plan. Any proposed rule change. regular seats offered but not sold would all the rights, privileges and obligations III. Date of Effectiveness of the be permitted to be converted into two- of a regular member, but shall have no Proposed Rule Change and Timing for year permits as determined by the distribution or voting rights. Commission Action (j) [i] Class C Trading Rights Committee. The two-year permits would No change. have no distribution or voting rights. Within 35 days of the date of (k) [j] New Trading Rights All prospective seat and/or permit publication of this notice in the Federal No change. holders would be required to be Register or within such longer period (i) as the Commission may designate up to * * * * * approved by the Exchange prior to the sale of a seat or the transfer of a permit. 90 days of such date if it finds such II. Self-Regulatory Organization’s The Exchange would receive a $750 longer period to be appropriate and Statement of the Purpose of, and administrative fee for each seat/permit publishes its reasons for so finding or Statutory Basis for, the Proposed Rule for administering the sale/transfer for (ii) as to which the Exchange consents, Change prospective seat/permit owners. the Commission will: In its filing with the Commission, the Prior to any seat sale or permit (A) By order approve such proposed Amex included statements concerning transfer, a non-member or a person/ rule change, or (B) Institute proceedings to determine the purpose of, and basis for, the organization that was not currently the whether the proposed rule change proposed rule change and discussed any owner of a regular membership would should be disapproved. comments it received on the proposed be required to meet all requirements rule change. The text of these statements currently applicable to regular or two- IV. Solicitation of Comments may be examined at the places specified year permit holders. If the purchaser of a seat intended to lease the seat Interested persons are invited to in Item IV below. The Amex has submit written data, views and prepared summaries, set forth in pursuant to a special transfer agreement or transfer the seat to a nominee, the arguments concerning the foregoing, sections A, B, and C below, of the most including whether the proposed rule significant aspects of such statements. lessee or nominee would also be required to meet all Exchange change is consistent with the Act. A. Self-Regulatory Organization’s requirements. All applicable fees due by Persons making written submissions Statement of the Purpose of, and persons/organizations that are not should file six copies thereof with the Statutory Basis for, the Proposed Rule owners of regular memberships or Secretary, Securities and Exchange Change members of the Exchange would be Commission, 450 Fifth Street, NW., Washington, DC 20549–0609. Copies of 1. Purpose required to be paid before the sale of any seat or transfer of any permit. the submission, all subsequent During the last few years, volume on Sale proceeds will be distributed to amendments, all written statements the trading floor of the Exchange has all seat owners at a date to be with respect to the proposed rule increased dramatically, while determined by the Committee. The Ex- change that are filed with the memberships have remained date for determining distribution of sale Commission, and all written unchanged. Exchange members have proceeds to owners would be the date communications relating to the identified a need for the issuance of of approval of the Plan by the proposed rule change between the additional seats. Commission. Commission and any person, other than In response to the apparent need for those that may be withheld from the additional seats and to allow Exchange 2. Statutory Basis public in accordance with the members to remain competitive and The Exchange believes that the provisions of 5 U.S.C. 552, will be afford customers an optimal level of proposed rule change is consistent with available for inspection and copying in service, the Exchange is proposing to section 6(b) of the Act 6 in general and the Commission’s Public Reference issue 25 additional regular seats and 25 two-year permits pursuant to the Plan, 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(2).
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Room. Copies of the filing will also be the SSA Reports Clearance Officer at the payments for an SSA Beneficiary that available for inspection and copying at following addresses: the case has been selected for the review the principal office of the Amex. All (OMB) process and to request the required submissions should refer to the File No. Office of Management and Budget, Attn: information. Form SSA–L4947 will be SR–Amex–2001–17 and should be Desk Officer for SSA, New Executive used to notify beneficiaries that their submitted by June 22, 2001. Office Building, Room 10230, 725 case has been selected for the review For the Commission, by the Division of 17th St., NW., Washington, DC. 20503 process and request the needed Market Regulation, pursuant to delegated (SSA) information. Both letters contain authority.8 Social Security Administration, information that must be verified and Margaret H. McFarland, DCFAM, Attn: Frederick W. returned to SSA under the review Deputy Secretary. Brickenkamp, 1–A–21 Operations process. The respondents are [FR Doc. 01–13754 Filed 5–31–01; 8:45 am] Bldg., 6401 Security Blvd., Baltimore, beneficiaries and representative payees MD 21235 for beneficiaries receiving title II and BILLING CODE 8010–01–M I. The information collections listed title XVI benefits. below will be submitted to OMB within Number of Respondents: 200. 60 days from the date of this notice. Frequency of Response: 1. SOCIAL SECURITY ADMINISTRATION Therefore, your comments should be Average Burden Per Response: 15 submitted to SSA within 60 days from minutes. Agency Information Collection the date of this publication. You can Estimated Annual Burden: 50 hours. Activities: Proposed Request and obtain copies of the collection 2. RSI/DI Quality Review Case Comment Request instruments by calling the SSA Reports Analysis-Sampled Number Holder, Clearance Officer at 410–965–4145, or Auxiliaries/Survivors-Parent, The Social Security Administration by writing to him at the address listed Stewardship AET Workbook—0960– (SSA) publishes a list of information above. 0189. SSA uses the information collection packages that will require 1. Contact with the Representative collected on forms SSA–2930, 2931 and clearance by the Office of Management Payee and Contact with Beneficiary— 2932 to establish a national payment and Budget (OMB) in compliance with 0960–NEW. SSA will use the SSA– accuracy rate for all cases in payment Pub. L. 104–13 effective October 1, L4945, Contact with the Representative status; measure the accuracy rate for 1995, The Paperwork Reduction Act of Payee, and SSA–L4947, Contact with newly adjudicated claims for 1995. SSA is soliciting comments on the Beneficiary, to inform respondents and beneficiaries receiving old-age, accuracy of the agency’s burden conduct quality reviews of payments survivors, or disability insurance; and to estimate; the need for the information; made under the titles II and XVI (Old- serve as a source of information its practical utility; ways to enhance its Age, Survivors and Disability Insurance/ regarding problem areas in the RSI/DI quality, utility and clarity; and on ways Supplemental Security Income) programs. Form SSA–4659 is used to to minimize burden on respondents, programs. Cases for the review will be evaluate and determine the effectiveness including the use of automated selected randomly and the information of the annual earnings test and to use collection techniques or other forms of solicited will be used for verification of the results in developing ongoing information technology. payment data on record in the claims improvements in the process. The Written comments and folder and SSA’s Master Beneficiary respondents are beneficiaries and recommendations regarding the Record. Form SSA–L4945 will be used representative payees for beneficiaries information collection(s) should be to notify Representative Payees who receiving old age, survivors, or submitted to the OMB Desk Officer and have the responsibility of managing disability insurance.
Average bur- Estimated an- Respondents Frequency of den per re- nual burden response sponse (hours)
SSA–2930 ...... 3,000 1 30 1,500 SSA–2931 ...... 1,500 1 30 750 SSA–2932 ...... 650 1 20 217 SSA–4659 ...... 325 1 10 54
Total Burden ...... 2,521
3. Request for Change in Time/Place are claimants who wish to request a and to develop additional evidence for of Disability Hearing—0960–0348. The change in the time or place of their claimants who have received an initial information on Form SSA–769 is used disability hearing. or revised determination that a by SSA and the State Disability Number of Respondents: 7,483. disability did not exist or has ceased. Determination Services to provide Frequency of Response: 1. The collected information also indicates claimants with a structured format to Average Burden Per Response: 8 whether an interpreter is needed. The exercise their right to request a change minutes. respondents are disability beneficiaries in the time or place of a scheduled Estimated Annual Burden: 998 hours. who file a claim for reconsideration. disability hearing. The information is be 4. Request for Reconsideration— Number of Respondents: 49,000. used as a basis for granting or denying Disability Cessation—0960—0349. The Frequency of Response: 1. requests for changes and for information collected on form SSA–789 Average Burden Per Response: 12 rescheduling hearings. The respondents is used by SSA to schedule hearings, minutes.
8 17 CFR 200.30–3(a)(12).
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Estimated Annual Burden: 9,800 produce the earnings statement. The time attendance at educational hours. respondents are wage earners and institutions and to determine eligibility 5. Agency/Employer Government organizations and legal representatives for student benefits. The respondents Pension Offset Questionnaire—0960– authorized by the wage earner. are student beneficiaries currently 0470. The Information collected on Number of Respondents: 61,494. receiving SSA benefits. Form SSA–L4163 will provide SSA Frequency of Response: 1. Number of Respondents: 133,000. with accurate information from the Average Burden Per Response: 11 Frequency of Response: 1. agency paying the pension, for purposes minutes. Average Burden Per Response: 6 of applying the pension-offset provision. Estimated Annual Burden: 11,274 minutes. The form will only be used when (1) the hours. Estimated Annual Burden: 13,300 claimant does not have the information 9. Statement of Household Expenses hours. and (2) the pension-paying agency has and Contributions—0960–0456. 2. Subpoena—Disability Hearing— not cooperated with the claimant. The Eligibility for Supplemental Security 0960–0428. The information on Form respondents are Federal, State, or local Income (SSI) is based on need. A factor SSA–1272–U4 is used by SSA to government agencies that have for determining need is whether an subpoena evidence or testimony needed information needed by SSA to individual receives in-kind support and at disability hearings. The respondents determine whether the Government maintenance in the form of food and comprise officers from Federal and State Pension Offset provisions apply and the shelter provided by other persons. SSA DDSs. amount of offset. collects information on form SSA– Number of Respondents: 36. Number of Respondents: 1,000. 8011–F3 to determine the existence and Frequency of Response: 1. Frequency of Response: 1. amount of in-kind support and Average Burden Per Response: 30 Average Burden Per Response: 3 maintenance received by a claimant/ minutes. minutes. beneficiary of SSI. SSA uses the Estimated Annual Burden: 18 hours. Estimated Annual Burden: 50 hours. information to determine eligibility and 3. Quiz Show—Internet Edition— 6. Child-Care Dropout payment amount under this program. 0960–NEW. Questionnaire—0960–0474. The The respondents are members of SSI Background information collected on Form SSA– claimants’/beneficiaries’ households. 4162 is used by SSA to determine Number of Respondents: 400,000. As stated in the 1997 Agency Strategic whether an individual qualifies for a Frequency of Response: 1. Plan, one of the SSA’s five major goals child care exclusion in computing the Average Burden Per Response: 15 is ‘‘To Strengthen Public Understanding individual’s disability benefit amount. minutes. of the Social Security Programs’’ so the The respondents are applicants for Estimated Annual Burden: 100,000 public will understand what benefits are disability benefits. hours. valuable to them personally. Number of Respondents: 2,000. 10. Payment of Certain Travel Accordingly, the public will be able to Frequency of Response: 1. Expenses—0960–0434. This regulation more effectively plan for retirement Average Burden Per Response: 5 (20 C.F.R. 404.999(d) and 416.1499) security. Under this goal, SSA minutes. provides for travel expense established a strategic objective that, by Estimated Annual Burden: 167 hours. reimbursement by the State agency or 2005, 90% of the public will be 7. Authorization for the Social Federal agency for claimants traveling to knowledgeable about SSA programs. In Security Administration to Obtain a consultative examination, or for establishing this goal SSA recognized Account Records from a Financial claimants, their representative and the need to develop innovative methods Institution—0960–0293. Form SSA– unsubpoenaed witnesses traveling over to help educate and continually 4641–U2 provides financial institutions 75 miles to appear at a disability measure the public’s knowledge of SSA with the customer’s authorization to hearing. State and Federal personnel programs. disclose records, as required by Public review the listing and the receipts to The Collection—‘‘Quiz Show’’ Law 95–630. Responses to the questions verify the amount to be reimbursed to are used, in part, to determine whether the claimant. The respondents are SSA intends to implement an online resource requirements are met in the claimants for Title II/XVI benefits. interactive educational game entitled Supplemental Security Income program. Number of Respondents: 50,000. ‘‘Quiz Show—Internet Edition’’. The The respondents are financial Frequency of Response: 1. purpose of Quiz Show is to help support institutions (banks, savings and loans, Average Burden Per Response: 10 the Agency’s goal of increasing the credit unions, etc.). minutes. public’s understanding of Social Number of Respondents: 500,000. Estimated Annual Burden: 8,333 Security programs. Frequency of Response: 1. hours. Quiz Show will consist of 10 Average Burden Per Response: 6 II. The information collections listed questions, which are based on 8 key minutes. below have been submitted to OMB for messages about SSA programs that the Estimated Annual Burden: 50,000 clearance. Your comments on the Agency wants the public to understand. hours. information collections would be most Participation in the online game will be 8. Request for Social Security useful if received by OMB and SSA strictly voluntary. Data collected Earnings Information—0960–0525. The within 30 days from the date of this through each Quiz Show question will Social Security Act provides that a wage publication. You can obtain a copy of measure the overall responses for the earner, or someone authorized by a the OMB clearance packages by calling purpose of gauging the public’s wage earner, may request Social the SSA Reports Clearance Officer on knowledge of each key Social Security Security earnings information from the (410) 965–4145, or by writing to him at message. Social Security Administration, using the address listed above. SSA will implement Quiz Show in form SSA–7050. SSA uses the 1. Student’s Statement Regarding stages, with the initial stage providing information collected on the form to Resumption of School Attendance— performance feedback to the user. verify that the requestor is authorized to 0960–0143. The information on Form However, eventually SSA will use Quiz access the earnings record and to SSA–1386 is used by SSA to verify full- Show to collect performance data and
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demographic data. SSA will not require 7. Information about Joint Checking/ Number of Respondents: 600. users to provide demographic data to Savings Account—0960–0461. Form Frequency of Response: 1. play the game. Rather, users would be SSA–2574 is used to collect information Average Burden Per Response: 30 asked to provide this data voluntarily. from the claimant and the other account minutes. Questions related to demographics are holder(s) when a Supplemental Security Estimated Annual Burden: 300 hours. for the sole purpose of identifying Income (SSI) applicant/recipient objects 11. Beneficiary Recontact Report— audiences to whom specific key to the assumption that he/she owns all 0960–0502. SSA uses the information messages should be targeted to increase or part of the funds in a joint account collected on Form SSA–1588–OCR–SM their knowledge. Respondents to Quiz bearing his or her name. These to ensure that eligibility for benefits Show will be individuals who visit statements of ownership are required to continues after entitlement. SSA asks SSA’s website, Social Security Online, determine whether the account is a mothers/fathers information about their and elect to play the online game. resource of the SSI claimant. The marital status and children in-care to Number of Respondents: 12,000. respondents are applicants for and detect overpayments and avoid Frequency of Response: 1. recipients of SSI payments and continuing payment to those no longer Average Burden Per Response: 8 individuals who are joint owners of entitled. The respondents are recipients minutes. financial accounts with SSI applicants. of survivor mother/father Social Estimated Annual Burden: 1,600 Number of Respondents: 200,000. Security Benefits. hours. Frequency of Response: 1. Number of Respondents: 133,400. 4. Work History Report—0960–0578. Average Burden Per Response: 7 Frequency of Response: 1. The information collected on form SSA– minutes. Average Burden Per Response: 5 3369 is needed to determine disability Estimated Annual Burden: 23,333 minutes. by the State DDSs. The information will hours. Estimated Annual Burden: 11,117 be used to document an individual’s 8. Response to Notice of Revised hours. past work history. The respondents are Determination—0960–0347. Form SSA– 12. Waiver of Your Right to Personal applicants for disability benefits. 765 is used by claimants to request a Appearance before an Administrative Number of Respondents: 1,000,000. disability hearing and/or to submit Law Judge—0960–0284. Each claimant Frequency of Response: 1. additional evidence before a revised has a statutory right to appear in person Average Burden Per Response: 30 reconsideration determination is issued. (or through a representative) and minutes. The respondents are claimants who file present evidence about his/her claim at Estimated Annual Burden: 500,000 for a disability hearing in response to a a hearing before an Administrative Law hours. notice of revised determination for Judge (ALJ). If a claimant wishes to 5. Notification of Projected disability insurance and/or SSI under waive his/her statutory right to appear Completion Date—0960–0429. Form titles II and XVI. before an ALJ, he/she must complete a SSA–891 is used by SSA and State Number of Respondents: 1,925. written request. The claimant may use Disability Determination Services (DDS) Frequency of Response: 1. form HA–4608 for this request. The to inform disability hearing units Average Burden Per Response: 30 information collected is used to whenever a hearing case will not be minutes. document an individual’s claim to show completed and forwarded to the hearing Estimated Annual Burden: 963 hours. that an oral hearing is not preferred in unit as expected. This information is 9. Function Report, Child (Birth to the appellate process. The respondents necessary to enable the hearing units to 1st, Age 1 to 3rd, Age 3 to 6th, Age 6 are applicants for Social Security and schedule hearings as promptly and to 12th, Age 12 to 18th Birthday)— SSI benefits who request a hearing. efficiently as possible. The respondents 0960–0542. State Agency adjudicative Number of Respondents: 12,000. are State DDS and SSA components that teams will use the information gathered Frequency of Response: 1. make disability determinations for the on the appropriate version of these Average Burden Per Response: 2 Agency. forms, in connection with other medical minutes. Number of Respondents: 100. function evidence, to form a complete Estimated Annual Burden: 400 hours. Frequency of Response: 1. picture of the child’s ability to function. 13. Function Report—Third Party, Average Burden Per Response: 5 This information assists with SSA–3380—0960–NEW. The Social minutes. determining whether a child is disabled, Security Act provides that claimants Estimated Annual Burden: 8 hours. or each case in which disability cannot must furnish medical and other 6. Real Property Current Market Value be found on medical grounds alone. The evidence to prove they are disabled. The Estimate—0960–0471. This form is used respondents are applicants for Title XVI Social Security Act also gives the to obtain current market value estimates childhood disability benefits, and child Commissioner authority to make rules of real property owned by applicants caregivers. and regulations on the nature and extent for, or beneficiaries of, Supplemental Number of Respondents: 750,000. of evidence required as well as the Security Income (SSI) benefits (or a Frequency of Response: 1. methods of obtaining evidence. The person whose resources are deemed to Average Burden Per Response: 20 information collected from third parties such an individual). The value of an minutes. on the form SSA–3380 is needed for the individual’s resources, including non- Estimated Annual Burden: 250,000 determination of disability under Title II home real property, is one of the hours. and/or Title XVI (SSI). The form records eligibility requirements for SSI benefits. 10. Wage Reports and Pension information about the disability The respondents are individuals with Information—0960–0547. The applicant’s illnesses, injuries, knowledge of local real property values. information obtained through regulation conditions, impairment-related Number of Respondents: 5,438. at 20 CFR, section 422.122(b) is used by limitations and ability to function. The Frequency of Response: 1. SSA to identify the requester of pension respondents are individuals who know Average Burden Per Response: 20 plan information and to confirm that the about the disability applicant’s minutes. individual is entitled to the data we impairment, limitations and ability to Estimated Annual Burden: 1,813 provide. The respondents are requesters function. hours. of pension plan information. Number of Respondents: 1,500,000.
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Frequency of Response: 1. Estimated annual Burden: 2,116,667 of the room. Interested persons may Average Burden Per Response: 30 hours. seek information by writing: Mr. E. P. minutes. Dated: May 24, 2001. Pfersich, U.S. Coast Guard (G-MSO-3), Estimated Annual Burden: 750,000 Frederick W. Brickenkamp, 2100 Second Street, SW., Washington, hours. DC 20593–0001 or by calling (202) 267– Reports Clearance Officer. 14. Disability Hearing Officer’s 1577. Decision—0960–0441. The Social [FR Doc. 01–13623 Filed 5–31–01; 8:45 am] Dated: May 24, 2001. Security Act requires that SSA provide BILLING CODE 4191–02–U an evidentiary hearing at the Stephen M. Miller, reconsideration level of appeal for Exective Secretary, Shipping Coordinating claimants who have received an initial DEPARTMENT OF STATE Committee, U.S. Department of State. or revised determination that a [FR Doc. 01–13807 Filed 5–31–01; 8:45 am] [Public Notice 3669] disability did not exist or has ceased. BILLING CODE 4710–07–P Based on the hearing, the disability Shipping Coordinating Committee; hearing officer (DHO) completes an Notice of Meeting SSA–1207 and applicable STATE JUSTICE INSTITUTE supplementary forms (which apply to The Shipping Coordinating the type of claim involved). The DHO Committee will conduct an open Sunshine Act Meetings uses the information in documenting meeting at 1 PM on Tuesday, June 19, and preparing the disability decision. 2001, in Room 6332, Department of DATE: Saturday, June 30, 2001—6 pm–7 The form aids the DHO in addressing Transportation Headquarters, Nassif pm—Ray’s Waterfront Restaurant. the crucial elements of the case in a Building, 400 Seventh Street, SW., PLACE: Seward Small Boat Harbor, AK. sequential and logical fashion. The Washington, DC 20590–0001. The DATE: Sunday, July 1, 2001—9 am–5 pm; respondents are DHOs in the State purpose of the meeting is to finalize Monday, July 2, 2001—9 am–12 pm. Disability Determination Services preparations for the Sixth Session of the PLACE: Alyeska Hotel, Girdwood, AK (DDS). Subcommittee on Dangerous Goods, Number of Respondents: 100,000. MATTERS TO BE CONSIDERED: Solid Cargoes and Containers of the Consideration of proposals submitted Frequency of Response: 1. International Maritime Organization Average Burden Per Response: 45 for Institute funding and internal (IMO) which will be held on July 16–20, Institute business. minutes. 2001, at the IMO Headquarters in Estimated Annual Burden: 75,000 London. PORTIONS OPEN TO THE PUBLIC: hours. Consideration of proposals submitted 15. Medical History and Disability The agenda items of particular interest are: for Institute funding and internal Report, Disabled Child—0960–0577. Institute business other than personnel The Social Security Act requires —Amendment 31–02 to the matters. International Maritime Dangerous claimants to furnish medical and other PORTIONS CLOSED TO THE PUBLIC: Goods (IMDG) Code, its Annexes and evidence to prove they are disabled. The Discussion of internal personnel Supplements including form SSA–3820 is used to obtain matters. various types of information about a harmonization of the IMDG Code with child’s condition, his/her treating the United Nations Recommendations CONTACT PERSON: David Tevelin, sources and/or other medical sources of on the Transport of Dangerous Goods, Executive Director, State Justice evidence. The information collected on and implementation of Annex III of Institute, 1650 King Street, Suite 600, the SSA–3820 is needed for the the Marine Pollution Convention Alexandria, VA 22314, (703) 684–6100. determination of disability by the State (MARPOL 73/78), as amended. David I. Tevelin, DDSs. The respondents are applicants —Revision of the Emergency Schedules Executive Director. for Title XVI (SSI) child disability (EmS). [FR Doc. 01–13922 Filed 5–30–01; 1:22 pm] benefits. —Review of the Code of Safe Practice BILLING CODE 6820–SC–M Number of Respondents: 523,000. for Solid Bulk Cargoes (BC Code), Frequency of Response: 1. including evaluation of properties of Average Burden Per Response: 40 solid bulk cargoes. minutes. —Cargo securing manual. DEPARTMENT OF TRANSPORTATION Estimated Annual Burden: 348,667 —Casualty and incident reports and Coast Guard hours. analysis. 16. Disability Report—Adult—0960– —Development of an instrument for [USCG–2001–9761] 0579. The Social Security Act requires multimodal training requirements. claimants to furnish medical and other —Stowage and segregation requirements Chemical Transportation Advisory evidence to prove they are disabled. for freight containers on Committee Applicants for disability benefits will containerships with partially complete form SSA–3368. The AGENCY: Coast Guard, DOT. weatherproof hatchway covers. information will be used, in conjunction ACTION: Notice of meeting. —Development of a manual on loading with other evidence, by State DDSs to and unloading of solid bulk cargoes develop medical evidence, to assess the SUMMARY: The Subcommittee of the for terminal representatives. alleged disability, and to make a Chemical Transportation Advisory —Amendments to the International disability determination. The Committee (CTAC) on Vessel Cargo Convention for the Safety of Life at respondents are applicants for Title II Tank Overpressurization will meet to and Title XVI (SSI) disability benefits. Sea (SOLAS) chapters VI and VII and continue their review of current Number of Respondents: 2,116,667. MARPOL Annex III to make the IMDG industry practices and procedures Frequency of Response: 1. Code mandatory. involving the introduction of Average Burden Per Response: 60 Members of the public may attend pressurized nitrogen gas from waterfront minutes. this meeting up to the seating capacity facilities to a marine vessel’s cargo tanks
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during inerting, padding, purging, and to fully review the Subcommittee’s task OMB is most effective if OMB receives line clearing operations. As a result of statement prior to the meeting. Copies of it within 30 days of publication. this meeting, and subsequent meetings the Subcommittee’s task statement can ADDRESSES: Send comments to the as deemed necessary by the Chairman, be obtained from Lieutenant Michael Office of Information and Regulatory this Subcommittee will develop McKean, telephone 202–267–0087, fax Affairs, Office of Management and recommendations to prevent the 202–267–4570. It is also available from Budget, 725 17th Street, NW., occurrence of cargo tank the CTAC Internet Website at: Washington, DC 20503, Attention FAA overpressurization incidents. This www.uscg.mil/hq/g-m/advisory/ctac. At Desk Officer. meeting will be open to the public. the discretion of the Subcommittee Comments are invited on: Whether DATES: The Subcommittee will meet on Chair, members of the public may make the proposed collection of information Wednesday, June 13, 2001, from 9 a.m. oral presentations during the meeting. If is necessary for the proper performance to 4 p.m. This meeting may close early you would like to make an oral of the functions of the Department, if all business is finished. Written presentation at the meeting, please including whether the information will material and requests to make oral notify the Coast Guard Technical have practical utility; the accuracy of presentations should reach the Coast Representative to the Subcommittee and the Department’s estimates of the Guard on or before June 6, 2001. submit written material on or before burden of the proposed information Requests to have a copy of your material June 6, 2001. If you would like a copy collection; ways to enhance the quality, distributed to each member of the of your material distributed to each utility and clarity of the information to Subcommittee should reach the Coast member of the Subcommittee in be collected; and ways to minimize the Guard on or before June 6, 2001. advance of a meeting, please submit 25 burden of the collection of information ADDRESSES: The Subcommittee will copies to the Coast Guard Technical on respondents, including the use of meet at the Adam’s Mark Hotel, 2900 Representative to the Subcommittee no automated collection techniques or Briarpark Drive, Houston, Texas. Send later than June 6, 2001. other forms of information technology. written material and requests for a copy Information on Services for Individuals FOR FURTHER INFORMATION CONTACT: Judy of the Subcommittee’s task statement or With Disabilities Street on (202) 267–9895. to make oral presentations to Lieutenant SUPPLEMENTARY INFORMATION: For information on facilities or Michael McKean, Coast Guard services for individuals with Federal Aviation Administration (FAA) Technical Representative for the disabilities, or to request special Subcommittee, Commandant (G–MSO– Title: Physiological Training. assistance at the meeting, contact the 3), U.S. Coast Guard Headquarters, 2100 Type of Request: Extension of a Coast Guard Technical Representative Second Street SW., Washington, DC currently approved collection. for the Subcommittee as soon as 20593–0001. OMB Control Number: 2120–0101. possible. Form(s): AC Form 3150–7. FOR FURTHER INFORMATION CONTACT: Affected Public: 5,500 pilots Lieutenant Michael McKean, Coast Dated: May 25, 2001. requesting to receive voluntary Guard Technical Representative for the Joesph J. Angelo, Director of Standards, Marine Safety and physiological training. Subcommittee, telephone 202–267– Abstract: The collection of 0087, fax 202–267–4570. Environmental Protection. [FR Doc. 01–13703 Filed 5–31–01; 8:45 am] information is necessary to determine if SUPPLEMENTARY INFORMATION: Notice of the applicants meet the qualifications BILLING CODE 4910–15–U this meeting is given under the Federal for training under the FAA/USAF Advisory Committee Act, 5 U.S.C. App. training agreement. The information is 2. DEPARTMENT OF TRANSPORTATION used by the Aeromedical Education Agenda of Meeting Division to determine if the applicant is Federal Aviation Administration qualified to receive physiological The agenda of the CTAC training. Subcommittee on Vessel Cargo Tank Agency Information Collection Activity Estimated Annual Burden Hours: 733 Overpressurization includes the Under OMB Review hours annually. following: (1) Introduction of Subcommittee AGENCY: Federal Aviation Issued in Washington, DC, on May 25, members and attendees. Administration (FAA), DOT. 2001. (2) Brief overview of Subcommittee ACTION: Notice. Steve Hopkins, tasking and desired outcome. Manager, Standards and Information (3) Review of definitions of technical SUMMARY: In compliance with the Division, APF–100. terms. Paperwork Reduction Act of 1995 (44 [FR Doc. 01–13792 Filed 5–31–01; 8:45 am] (4) Review of hazards associated with U.S.C. 3501 et seq.), this notice BILLING CODE 4910–13–M high-pressure nitrogen and low-pressure announces that the Information vessels. Collection Request (ICR) abstracted (5) Discuss criteria for evaluating below has been forwarded to the Office DEPARTMENT OF TRANSPORTATION solutions. of Management and Budget (OMB) for (6) Discuss existing procedures. extension of the currently approved Federal Aviation Administration collection. The ICR describes the nature (7) Discuss potential solutions. Agency Information Collection Activity (8) Discuss final product format and of the information collection and the Under OMB Review plan for future work. expected burden. The Federal Register Notice with a 60-day comment period AGENCY: Federal Aviation Procedural soliciting comments on the following Administration (FAA), DOT. collection of information was published The meeting is open to the public. ACTION: Notice. Please note that the meeting may close on 2/15/01, pages 10558–10559. early if all business is finished. All DATES: Comments must be submitted on SUMMARY: In compliance with the attendees at the meeting are encouraged or before July 2, 2001. A comment to Paperwork Reduction Act of 1995 (44
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U.S.C. 3501 et seq.), this notice Issued in Washington, DC, on May 25, Juneau International Airport Master announces that the Information 2001. Plan. The Juneau International Airport Collection Request (ICR) abstracted Steve Hopkins, Board approved the Airport Master Plan below has been forwarded to the Office Manager, Standards and Information on April 14, 1999. The Master Plan was of Management and Budget (OMB) for Division, APF–100. accepted by FAA June 27, 2000. extension of the currently approved [FR Doc. 01–13793 Filed 5–31–01; 8:45 am] In order to comply with NEPA, an collection. The ICR describes the nature BILLING CODE 4910–13–M Environmental Assessment (EA) was of the information collection and the prepared and published in June 2000. expected burden. The Federal Register Following the completion of the EA, the Notice with a 60-day comment period DEPARTMENT OF TRANSPORTATION FAA determined that a more thorough soliciting comments on the following EIS process is necessary for these collection of information was published Federal Aviation Administration proposed projects. on 2/15/01, pages 10558–10559. To ensure that the full range of issues Environmental Impact Statement: DATES: Comments must be submitted on related to the proposed projects are Juneau International Airport, Juneau or before July 2, 2001. A comment to addressed and that all significant issues Alaska OMB is most effective if OMB receives are identified, FAA intends to consult it within 30 days of publication. AGENCY: Federal Aviation and coordinate with Federal, State and ADDRESSES: Send comments to the Administration (FAA). DOT local agencies that have jurisdiction by Office of Information and Regulatory ACTION: Notice of intent. law or have specific expertise with Affairs, Office of Management and respect to any environmental impacts Budget, 725 17th Street, NW., SUMMARY: The Federal Aviation associated with the proposed projects. Washington, DC 20503, Attention FAA Administration announces that it will FAA will also solicit input from the Desk Officer. prepare an Environmental Impact public in a public scoping meeting, Comments are invited on: Whether Statement (EIS) for implementation of which will be held June 20, 2001, from the proposed collection of information projects proposed at the Juneau 5:00 p.m. to 9:00 p.m. at Centennial is necessary for the proper performance International Airport. Hall, Juneau, Alaska. In addition to of the functions of the Department, Responsible Official: Patricia A. providing input at the public scoping including whether the information will Sullivan, Environmental Specialist, meetings, the public may submit written have practical utility; the accuracy of Federal Aviation Administration, comments on the scope of the the Department’s estimates of the Alaskan Region, Airports Division, 222 environmental study to the address burden of the proposed information W. 7th Avenue, #14, Anchorage, AK identified in FOR. collection; ways to enhance the quality, 99513. FURTHER INFORMATION CONTACT. utility and clarity of the information to Written Comments: Ken Wallace, Comments should be submitted within be collected; and ways to minimize the Project Manager, SWCA, 230 South 500 60 days of the publication of this Notice. East, Suite 380, Salt Lake City, UT burden of the collection of information Issued in Anchorage, Alaska on May 11, on respondents, including the use of 84102. Email: [email protected]. 2001. automated collection techniques or FOR FURTHER INFORMATION CONTACT : Barbara J. Johnson, other forms of information technology. Cathryn Collis, Compliance and Process Acting Manager, Airports Division, AAL–600, FOR FURTHER INFORMATION CONTACT: Judy Coordinator, SWCA, 230 South 500 Alaskan Region. Street on (202) 267–9895. East, Suite 380, Salt Lake City, UT [FR Doc. 01–13796 Filed 5–31–01; 8:45 am] SUPPLEMENTARY INFORMATION: 84102, phone (801) 322–4307. Email: [email protected]. BILLING CODE 4910–13–M Federal Aviation Administration (FAA) SUPPLEMENTARY INFORMATION: The Title: Report of Inspections Required Federal Aviation Administration will DEPARTMENT OF TRANSPORTATION by Airworthiness Directives, 14 CFR prepare and consider an EIS for Part 39. implementation of proposed projects at Federal Highway Administration Type of Request: Extension of a the Juneau International Airport. Major currently approved collection. projects proposed to be assessed in the National Highway Traffic Safety OMB Control Number: 2120–0056. Administration Forms(s): None. EIS include creation of additional Affected Public: 1029 affected aircraft Runway Safety Area (RSA) centered about the runway that is 500 feet wide Discretionary Cooperative Agreements owners and operators. To Support the Demonstration and Abstract: The Airworthiness Directive by the length of the runway plus 1,000 feet beyond each runway end; Evaluation of Setting and Enforcing (AD) is the medium used by the FAA to Rational Speed Limits provide notice to aircraft owners and installation of a Medium Approach operators that an unsafe condition exists Lighting System with Rails (MALRS) to AGENCY: National Highway Traffic and to prescribe the conditions and/or improve the approach to Runway 26; Safety Administration (NHTSA), limitations, including inspections, construction of a Snow Removal Federal Highway Administration under which the product may continue Equipment Building to provide needed (FHWA), DOT. to be operated. AD’s are issued to storage space for the snow removal fleet; ACTION: Announcement of discretionary require corrective action to correct and construction of an additional cooperative agreements to support the unsafe conditions in aircraft engines, Aviation Development Area to provide demonstration and evaluation of setting propellers, and appliances. Reports of adequate facilities to accommodate the and enforcing rational speed limits. inspections are often needed when growing demand and tourism needs of emergency corrective action is taken to helicopters and fixed wing aircraft. SUMMARY: The Speed Management Team determine if the action was adequate to These projects, along with other of the U.S. Department of correct the unsafe conditions. projects proposed to improve safety and Transportation (U.S. DOT), a multi- Estimated Annual Burden Hours: efficiency and accommodate growing modal body including members from 2,144 hours annually. aviation demand, were identified in the FHWA and NHTSA, will fund a number
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of cooperative agreements with states or notice. Applications will be evaluated standard for enforcement and permit localities to field test the impact of on the basis of the criteria identified in authorities to concentrate enforcement setting and enforcing rational speed the Evaluation Criteria section of this efforts on those more flagrant speed limits. The goal of the project is to notice. limit violators and high-risk drivers who evaluate a cooperative program in are likely to create unsafe situations. DATES: Applications must be received at which engineering, enforcement, and the office designated below on or before Achieving high compliance will require education are undertaken in a 4:00 p.m. on Tuesday, July 24, 2001. an effective combination of Public coordinated manner to manage traffic Information and Education (PI&E) and speeds. Rational speed limits promote ADDRESSES: Applications must be dedicated enforcement. For this public safety by providing drivers with submitted to the National Highway cooperative agreement program, the information to help them choose a Traffic Safety Administration, Office of recipient will be required to determine reasonable and prudent speed that is Contracts and Procurement (NAD–30), rational speed limits using the appropriate for the normal traffic, ATTN: Maxine Ware, 400 7th Street, engineering study procedure described weather, and roadway conditions. SW., Room 5301, Washington, DC in ‘‘Guidelines for Setting Safe and Speed limits are set with the objective 20590. All applications submitted must Reasonable Speed Limits’’. (Appendix of achieving a balance between safety include a reference to NHTSA A). and efficiency. Rational speed limits are Cooperative Agreement Program No. determined through a formal review that DTNH22–01–H–05221. Elements of Speed Management uses the 85th percentile speed of free- FOR FURTHER INFORMATION CONTACT: Managing speeds depends on the flowing traffic combined with General administrative questions may integration of three key elements: information on roadway geometry, crash be directed to Maxine Ware, Office of engineering, enforcement, and characteristics and land use. This Contracts and Procurement at (202) education. The prevailing speed procedure results in a speed limit that 366–4843. Technical questions relating engineering study is frequently cited as appears reasonable to most drivers and to this Cooperative Agreement Program the desired way to achieve high thereby results in more uniform speeds. may be directed to Paul J. Tremont, compliance with what drivers choose as Previous research has suggested that Ph.D., Office of Research and Traffic reasonable speed limits. For this speed uniformity is associated with Records (NTS–31), NHTSA, 400 7th approach, the 85th percentile of the lower crash risk and that the 85th Street, SW., Washington, DC 20590, or distribution of free-flowing vehicle percentile falls within the speed range by e-mail at speeds is used as the starting point for of lower crash risk. Consequently, strict [email protected], or by setting the rational speed limit. To enforcement of rational speed limits, phone (202) 366–5587. Interested establish credibility of the rational focused on flagrant speed limit violators applicants are advised that no separate speed limits program, a rigorous and designed to minimize speed application package exists beyond the enforcement program must be variance, may help in promoting safer contents of this announcement. developed and systematically applied. travel. In addition, an effective public SUPPLEMENTARY INFORMATION: Finally, in order to gain full compliance information and education campaign of rational speed limits, the public must will help citizens understand how the Background understand the basis for their setting speed limits were determined and the Introduction and realize that they will be rigorously reason for their strict enforcement. Such enforced. To achieve this, the a combined approach is expected to Speed limits promote public safety by community must also develop an result in strong support from the public, informing drivers of the maximum effective PI&E program. the police, and the judiciary. reasonable and prudent speed for each Cooperative agreements will be road segment. The speed limit should Additional Resources awarded to support a number of represent a concerted attempt to balance The following is a list of resources for communities in developing and safety and travel efficiency. As such, it information on setting and enforcing evaluating innovative speed establishes a rational basis for rational speed limits. Copies are management projects that adopt such a enforcement to target violators traveling available upon request from Paul rational speed limit approach. The at unsafe speeds. Posted speed limits Tremont, the designated technical point approach will incorporate the following seek to confine speeds beneath an upper of contact. steps: bound and produce a relatively uniform • Committee for Guidance on Setting • An engineering and traffic speed distribution. Previous research and Enforcing Speed Limits. (1998) investigation of existing speed limits. has suggested that speed uniformity Managing Speed: Review of Current • Revision of speed limits where among vehicles on a roadway is Practice for Setting and Enforcing Speed appropriate. associated with lower crash risk. Limits. Special Report 254. • Education of the public on reasons Rational speed limits are primarily Transportation Research Board, for revising speed limits. based on existing traffic speed data and National Research Council, National • Enforcement of the rational speed often take into account adjustments for Academy Press. Washington, D.C. limits fairly and strictly. roadway conditions, crashes, and land • Institute for Transportation • Identification of a separate use. Engineers. (1993) Speed Zone community for comparison purposes. General Principles Guidelines: A Proposed Recommended This notice solicits applications from Practice. Institute of Transportation State and local governments and their A guiding principle for setting Engineers: Washington DC. agencies. Two to four cooperative rational speed limits is that they should agreement awards for demonstration provide a high level of compliance and Objective and evaluation projects are anticipated consequently be largely self-enforcing. The objective of these demonstration under this announcement. Interested This requires that drivers understand and evaluation projects is to determine applicants must submit an application the basis for the limit and that it appears the extent to which rationally package as further described in the to be reasonable. Such rational speed established, well-publicized, and Application Procedures section of this limits help to establish a reasonable rigorously enforced speed limits lead to
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higher compliance and improved traffic to be used, and plans for engineering, understanding of the rational basis for flow, without reducing highway safety. enforcement and PI&E. The work plan the speed limits, drivers will be more shall also include the final list of likely to comply with them and less Description of Program Effort demonstration streets and highways overall opposition will be encountered General Requirements. This along with the name or route number, from the community. Accomplishing cooperative agreement program requires start and end point, mileage, existing the PI&E objective requires that key each recipient to conduct a carefully posted speed(s), functional class of road public agencies and public figures planned demonstration of setting and and area type. The demonstration roads support the program and implement it enforcing rational speed limits. The may include a mix of existing road in an effective manner. The PI&E recipient shall designate a specific types, including arterials, collectors, campaign for the demonstration demonstration community (or group of and local roads. Interstates and other community will include those elements communities). A demonstration controlled access roads are excluded outlined in ‘‘Guidelines for Public community is the geopolitical area from this effort. Information and Education Programs for where the rational speed limit Rational Speed Limits’’ (Appendix B). demonstration will take place. This Task 3. Conduct Engineering Studies The recipient is required to prepare a could be a State, a county, a city, a Conduct an engineering and traffic calendar schedule of PI&E activities township, a borough, or any defined investigation on the demonstration (i.e., press conferences, media materials, geographic entity or group of geographic roads using the engineering analysis etc.) in accordance with the schedule of entities within the United States with a described in Appendix A and/or other deliverables. All PI&E materials and clear governing body. The recipient will U.S. DOT approved methods. Speeds products should be presented to the conduct an engineering study of should be collected continuously for at U.S. DOT for review and comments in selected road segments and revise the least 24 hours using automated accordance with the schedule of speed limits on those road segments equipment capable of recording deliverables. using a rational speed limits approach individual vehicle speeds and Task 6. Post Rational Speed Limits to manage speeds. The recipient will identifying free flowing vehicles (i.e. implement and maintain a speed headway or gap greater than 3–5 Based on the results of Task 3 above, enforcement program and provide seconds). Based on the findings from the the recipient will post revised speed public information in the demonstration engineering study, prepare a speed- limits as necessary. community to fully inform drivers of zoning plan and obtain necessary Task 7. Enforce Rational Speed Limits both the speed management program’s approvals for the speed zoning changes. rationale and the planned enforcement A copy of the speed zoning plan will be Prosecutors and judges need to be program. The recipient will collect data submitted to the U.S. DOT in well informed of the basis for rational on speeds as well as on public outreach accordance with the schedule of speed limits and the need for swift and and enforcement throughout the deliverables. fair adjudication. U.S. DOT will provide demonstration period. information for judges and prosecutors Task 4. Collect Other Baseline Data The recipient shall also designate, or in the demonstration community on at least suggest, a similar community Collect enforcement and other data to speed management principles, the with comparable road segments that help establish baseline measures, purpose of the demonstration project, could be used as a comparison site including: and the effects of speeding on traffic during this demonstration. These two • Citations for speeding on selected safety. This training may include visits communities must be separated road segments, to the selected roadway segments where geographically so that the • Crashes for the previous 3–5 years, rational speed limits are set and demonstration community’s speed including details of crash types, demonstrations of the speed-measuring management program does not contributing factors, and citations devices used. Enforcement on the influence driver behavior in the issued, demonstration roads will include those comparison community. Below is a • Average daily traffic volume elements outlined in ‘‘Guidelines for listing and description of specific corresponding to same years as the Enforcement of Safe and Rational Speed requirements. crash data, and Limits’’ (Appendix C). • Public attitudes and perceptions Planning Phase Task 8. Collect Post Baseline Data toward speed limits and enforcement. (Ongoing) A letter report will be prepared Task 1. Kickoff Meeting The recipient will collect speed data, documenting the results this activity. Within two weeks of award, a one-day enforcement data, and PI&E data at The letter report will be submitted in meeting will be held at U.S. DOT various times during the demonstration accordance with the schedule of headquarters in Washington, DC, during period. U.S. DOT will assist the deliverables. which the recipient will conduct an recipient in determining the exact data informal briefing of its demonstration Implementation Phase to be collected and the schedule of plan, including a discussion of the collection. Because U.S. DOT intends to Task 5. Develop and Implement Public preliminary list of demonstration streets compare effects of different Information and Education (PI&E) and highways. communities, U.S. DOT will specify the Activities acceptable data elements and format. Task 2. Prepare Work Plan Each demonstration community will Data shall be provided in accordance Based on comments from U.S. DOT at be required to develop and implement with the schedule of deliverables and the meeting, the recipient will prepare a PI&E campaign intended to inform the shall include: and submit a final work plan and public of the program, heighten a. Speed Data. Appropriate speed data project schedule in accordance with the awareness of the expected benefits, and will be collected by the recipient schedule of deliverables. The work plan encourage compliance with the new quarterly in at least 25% of the speed shall specify type and amount of data to speed limits. The expectation is that zones in a manner that will reveal any be collected, procedures and equipment with a more comprehensive changes in the speed. There will be at
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least one measurement site on each upcoming quarter. Any decisions and enforcement data from the comparison demonstration road. Speed data will be actions required in the upcoming community. collected in every speed zone on the quarter should be included in the • Provide for supplemental analysis demonstration roads at or about one report. The recipient shall supply the of speed, crash, and enforcement data year after the before data was collected. progress reports to the U.S. DOT in from the demonstration community. For long speed zones (greater than 5 accordance with the schedule of miles in rural areas or 1 mile in urban deliverables. Eligibility Requirements areas) multiple locations for speed data Task 10. Prepare Final Report Applications for this Cooperative collection may be required. Final Agreement Program are solicited from determination of all ‘‘after’’ speed data The recipient will prepare a brief report (e.g., 25 pages or less), initially in State and local governments and their collection locations shall be determined agencies. These demonstration projects in conjunction with the U.S. DOT. The draft, and upon receipt of comments from U.S. DOT, submit a final version, will require extensive collaboration speed data shall include: among each of the participating state/ • Individual vehicle speed, describing the procedures and outcomes • Individual vehicle headway or associated with the rational speed limit community organizations in order to arrival time, and approach to speed management. The achieve the program objective. • Measurement location, dates, and report should be prepared according to Application Procedures times. the following format: To ensure that the baseline data and • Introduction: Identify project Each applicant must submit one post-intervention data are comparable, objectives; and describe the original and two (2) copies of the recipients will be expected to collect the demonstration and comparison application package to: NHTSA, Office same types of speed data, at the same communities and participating agencies; of Contracts and Procurement (NAD– locations, in the same manner as was • Procedures: Describe what was 30), ATTN: Maxine Ware, 400 7th used in during the traffic and done; Street, SW, Room 5301, Washington, DC engineering investigation (see Task 3 • Findings: Present descriptive 20590. Submission of three additional above). These data shall be submitted to statistics of the findings regarding copies will expedite the evaluation U.S. DOT on a schedule to be speeds, safety, attitudes, etc.; and process, but is not required. The determined. • Lessons Learned: Present any application may be single spaced, must b. Enforcement Data. Enforcement information that can be used by other be typed on one side of the page only, and safety-related measures are needed communities when implementing a and must include a reference to NHTSA to understand the impact of the level of similar program. Cooperative Agreement No. DTNH22– enforcement on speeds and safety. 01–H–05221. Only complete application Task 11. Final Briefing These data should be collected on a packages received on or before 4:00 p.m. schedule that ensures that the The recipient will present its findings on Tuesday, July 24, 2001 will be information accurately reflects police to U.S. DOT in Washington, D.C. This considered. staffing assignments and other time- briefing will be presented in accordance Application Contents sensitive information. The data need to with the schedule of deliverables. be provided to U.S. DOT quarterly with Availability of Funds and Period of 1. The application package must be the delivery of the speed data. In Support submitted with OMB Standard Form accordance with the schedule of 424 (Rev. 7–97, including 424B), deliverables, the recipient shall provide A total of $700,000 is available in Application for Federal Assistance, with enforcement data for the demonstration Fiscal Year 2001 to fund from two to the required information filled in and road segments on: four demonstration and evaluation certified assurances signed. Because the • Traffic enforcement person hours, projects for a performance period of 20 available space on the 424A does not • Number of speed violation months. It is anticipated that individual permit a level of detail that is sufficient warnings, and speeding citations (and award amounts, based upon to provide for a meaningful evaluation cited speeds), demonstrated need, will range between • of the proposed total costs, a completed Adjudications, and $175,000–300,000. This stated range 424A is not required. A supplemental • Crashes (by crash type). does not establish minimum or c. Public Information and Education. budget must be provided which maximum funding levels. Given the presents a summary of the proposed Public attitudes and perceptions prior to amount of federal funds available for and following speed limit and costs, as well as a detailed breakdown these efforts, applicants are strongly for each of the ten sections (tasks) enforcement changes are linked to the urged to seek other funding success of the program, and must be enumerated in the Description of the opportunities to supplement the federal Program Effort. The task breakdown measured to determine how they may funds. change. In the demonstration shall identify: direct labor costs for each community, the public attitudes and U.S. DOT Involvement and labor category, direct material and perceptions should be surveyed before Responsibilities in This Cooperative equipment costs, travel costs and after the program is implemented. Agreement Program (explaining the relationship to the PI&E data will be provided in • Provide a Contracting Officer’s project), and any overhead/indirect accordance with the schedule of Technical Representative (COTR) to costs. The applicant shall also identify deliverables. participate in the planning and any financial or in-kind commitment of management of each cooperative resources that will be contributed in Task 9. Prepare Quarterly Progress agreement and to coordinate activities support of the demonstration project. Reports between the recipients and U.S. DOT. The SF–424 and 424B may be obtained Progress reports will be provided • Provide information and technical from the Office of Management and quarterly and should include a assistance as determined appropriate by Budget website at http:// summary of the previous quarter’s the COTR. www.whitehouse.gov/omb/grants/ activities and accomplishments, as well • Provide for the collection and index.html. as the proposed activities for the analysis of speed, crash, and
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2. The application shall include a as the Project Director. This person will 1. Technical Approach (50 percent). program narrative statement that have full responsibility for managing the The applicant’s goals are clearly stated describes the technical approach in 25 project’s technical progress, staffing and and the objectives are time-phased, pages or less and addresses the coordination of organizations, and specific, measurable, and achievable. following information in separately serving as the point of contact for U.S. The application reflects a high labeled sections. Letters of cooperation DOT project staff. likelihood that the applicant will and intent, as well as personnel (2) Brief resumes will be provided for achieve an outcome-oriented result that resumes, will not count against the page the proposed Project Director and other will revise speed limits using a specific limit. key personnel. rational procedure, secure the a. Introduction: A brief overview of Application Review Process and cooperation of the necessary the applicant’s capabilities to organize Evaluation Criteria organizations, inform the public, and and carry out the rational speed limit provide reliable data from which the project in the proposed demonstration Initially, all applications will be impact of the program can be assessed. community. All participating reviewed to confirm that the applicant The application clearly describes what organizations (e.g., traffic engineering, is an eligible recipient and to ensure the applicant proposes to develop and law enforcement, public information), that the application contains all of the implement, how this will be the principal investigator, and other key information required by the Application accomplished, and the major tasks personnel shall be identified. The Contents section of the notice. To be necessary for completion. This involves proposed comparison community and, considered complete, applications from anticipating potential technical if possible, the key coordinating eligible applicants must include the problems and critical issues related to personnel shall also be identified. following information to be considered: successful completion of the project. b. Description of Program Effort: The (1) The designation of a specific The application clearly describes the planned technical approach for demonstration community, as well as planning, scheduling, equipment, and performing each of the efforts listed the designation, or at least suggestion, of procedures to be used to measure speed below shall be separately described. a similar community that will be used data at selected road segments within (1) Coordination with organizations as a comparison site during the the demonstration community. An within demonstration and comparison proposed demonstration; (2) letters of important determining factor shall be communities. Describe how cooperation intent showing that the designated the extent and type of road segments among the various agencies will be demonstration community agencies included in the demonstration obtained. Include: have the capabilities and are willing to community, the enforcement proposed, (a) Letters of intent from the commit sufficient resources to properly the extent to which judicial acceptance participating agencies in the conduct the proposed demonstration, is evidenced, and the PI&E campaign demonstration community including participating highway planned. (b) Letters of intent from the engineering departments, law 2. Project Management and Staffing cooperating agencies in the comparison enforcement agencies, prosecutors and (30 percent). The applicant has the community permitting U.S. DOT to judges, department of motor vehicles, capabilities to plan, implement, and measure speeds and obtain crash and public information office, and evaluate the proposed project. The enforcement data community government; (3) letters from proposed staff are clearly described, are (c) A letter of coordination from the the appropriate authorities within the appropriately assigned, and have Governor’s Highway Safety comparison community that the adequate skills and experience. Staff Representative and State Traffic appropriate highway engineering members with traffic engineering, speed Engineer. department, law enforcement officials, data collection, enforcement, PI&E, and (2) Identification of a preliminary list and department of motor vehicles data management expertise have been of demonstration streets/highways for present in the comparison community appropriately allocated. The applicant’s rational speed limits and basis for will cooperate in the demonstration staffing plan is reasonable for selection. Identify the length, functional project, and provide U.S. DOT access to accomplishing the objectives of the class, predominant land use of selected the necessary data; and (4) a letter of project within the established time road segments. coordination for the proposed frame. (3) Traffic and engineering demonstration project from the 3. Cost (20 percent). The budget is investigations to establish rational speed Governor’s Highway Safety sufficiently detailed to allow U.S. DOT limits, including speed data collection Representative and State Traffic to determine that the estimated costs are procedures and equipment and method Engineer. Each complete application reasonable and necessary to perform the of determining whether speed limits from an eligible recipient will be proposed effort. The amount of financial should be revised. evaluated by an evaluation panel. or in-kind commitment of resources by (4) Implementation of a community The evaluation panel will be the applicant organization or other outreach and PI&E program to obtain comprised of government personnel organizations to support the project has public and official support. from NHTSA and FHWA, as well as a been clearly identified. For those (5) Enforcement plan for the new representative from Westat, Inc. Westat, applicants that are evaluated as speed limits. Inc, a research firm located in Rockville, meritorious for consideration for award, (6) Collection of data. Maryland, will serve as a non-voting preference may be given to those that c. Program Management and Staffing. member of the evaluation panel and will have proposed cost-sharing strategies (1) A program organizational chart be providing support services to U.S. and/or have other proposed funding identifying proposed staff members DOT for this demonstration project sources in addition to those in this assigned to the project will be provided. effort. Submission of an application in announcement. The title and a brief description of each response to this notice shall constitute position’s responsibilities will be an authorization for a representative Terms and Conditions of Award included, as well as the proposed level from Westat, Inc. to review it. 1. Prior to award, each recipient must of effort and allocation of time for each The applications will be evaluated comply with the certification position. One person must be identified using the following criteria: requirements of 49 CFR Part 20,
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Department of Transportation New Suspension (Non-Procurement) and 2. Performance Schedule of Restrictions on Lobbying, and 49 CFR Government-wide Requirements for Deliverables and Milestones: Part 29, Department of Transportation Drug Free Workplace (Grants). Government-wide Debarment and
Task Activity description Milestone/deliverable Due date after award
1 ...... Kickoff meeting ...... Milestone ...... 2 weeks. 2 ...... Work plan ...... Revised work plan ...... 4 weeks. 3 ...... Conduct Engineering Studies Speed Zoning Plan ...... 12 weeks. 4 ...... Data collection ...... Data ...... Quarterly. 5 ...... PI&E ...... Schedule ...... 12 weeks. 5 ...... PI&E ...... PI&E materials ...... As developed. 8a, 8b, 8c ...... Speed, enforcement, and Data ...... Every 3 months with full data provided 17 PI&E data. months after award. 9 ...... Submit quarterly progress re- Quarterly progress reports ..... 10th day of every third month. ports. 10 ...... Submit draft of Final Report .. Draft final report ...... 17 months. 10 ...... Submit final version of Final Final report ...... 19 months. Report. 11 ...... Final briefing at U.S. DOT Briefing at U.S. DOT ...... 20 months. workshop. Note: Four copies of each product will be submitted to the COTR.
3. During the effective performance II. 85th Percentile Speed measurement sites should not be located period of the Cooperative Agreements Section III below describes a method for within 500 feet of a speed transition zone awarded as a result of this establishing speed limits based on the (intersection approach, horizontal curve, prevailing speed. Setting speeds using the etc.). If speed measurement sites are needed announcement, the agreement as between intersections and the 500-foot applicable to the recipient shall be 85th percentile as a key guideline regulates against the higher speeds that may be unsafe, distance cannot be met, use a mid-block subject to the National Highway Traffic location for the speed measurement station. Safety Administration’s General but still includes a very large percentage of the driving public. Drivers who travel at the Sites for different directions on the same road Provisions for Assistance Agreements, 95th percentile speed and above (i.e. fastest do not necessarily need to be in the same dated July 1995. 5 percent) have significantly higher crash location. Issued on: May 25, 2001. rates than those who drive at or near the 85th C. Collect Speed Data percentile (and also those whose speed is Marilena Amoni, Using automated speed collection closer to the average speed. Since the measurement techniques, collect 24 hours of Acting Associate Administrator for Traffic purpose of speed zoning is to facilitate safety speed data for all lanes at each speed Safety Programs, NHTSA. by informing drivers of maximum speeds for measurement site. Speed data must be Frederick G. Wright, Jr., normal conditions, the posted speed limit collected in a manner that does not influence should reflect the upper limit of the safest Program Manager, Safety, FHWA. drivers to change their vehicle’s speed. The speeds (i.e., those near the 85th percentile). speed measurement technique must also Appendix A—Guidelines for Setting III. Engineering and Traffic Survey permit free flowing vehicles (i.e., more than Safe and Reasonable Speed Limits Considerations 5 sec. of headway to be distinguished from non-free-flowing vehicles. This is necessary I. Speed Zoning A. Inventory Road Conditions to determine the 85th percentile of free- The purpose of speed zoning is to establish Review and document on a site diagram or flowing vehicles. Data should be collected a speed limit that is the maximum reasonable speed survey sheet the physical during weekdays and should not be collected and safe speed for a section of road. There characteristics of the road (alignment, grade, during inclement weather. are many factors that affect driving speed and roadway width, number of lanes, median D. Select Speed Limit crash risk including driver, vehicle, roadway, type, intersections, etc.), roadside development, parking, and pedestrian The following procedure is recommended traffic and environmental factors. The activity should. Divide the roadway of by the Federal Highway Administration and prevailing speed of traffic reflects the interest into homogeneous sections. A is based on procedures widely used for speed collective judgement of the driving homogeneous section is one where: zoning. Based on the speed data collected, population on what appears reasonable and • The roadside development is consistent determine the median (50th percentile) and safe on a given segment of roadway. The (residential vs. commercial; type and 85th percentile speed for free-flow vehicles at prevailing speed, therefore, provides a frequency of businesses and driveways, etc.) each measurement site. Select the 85th measure that objectively accounts for most • The roadway features are consistent percentile speed rounded to the nearest 5 factors affecting safe speed. Changing a speed (lane widths, medians, shoulders, surface mph increment as first approximation for the limit on a road may, but does not necessarily roughness, curvature, intersection spacing, speed limit. Where there are mitigating change the prevailing speed on the road. etc.) factors (speed related crash history, heavy Inconsistencies exist for how speed limits non-motorized road user presence, extreme B. Select Measurement Sites variance of speeds) the selected speed may be are determined for speed zones, in part, Within each section, select speed reduced to a value not lower than the median because of the subjective nature of the measurement sites. The measurement sites speed rounded up to the next highest 5 mph current practice. If the speed limit is too high should be representative of the entire section multiple. If there is a difference of more than it can lead to driver error; if it is too low it of the roadway being zoned. This might 5 mph between two measurement sites, may result in a lack of compliance and require that the roadway be divided into one employ a separate speed zone. If potentially misallocation of enforcement resources. or more zones and that measurement sites be hazardous conditions exist within the zone, Therefore, it is critical that a standard selected for each zone. In a non-rural area, the conditions should be corrected, or method for determining the safe and select at least two measurement sites per mile appropriate warning signs should be appropriate speed be identified and in each direction (i.e., sites spaced installed with advisory speed plaques based described. approximately 2000 feet apart). Speed on the inferred design or ball bank indicator.
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For example, if a sharp curve exists within I. Elements of the Deterrence Process Police (IACP) Consumer Products List (CPL). the zone, do not reduce the speed limit in the A. Behavior Must Be Definable, In addition, selected speed-measuring entire zone—remove the sharp curve or add Understandable and Detectable devices should comply with the testing for the appropriate warning sign. accuracy and reliability procedures The behavior that we want to stop, in this established by the IACP Speed-Measuring Appendix B—Guidelines for Public case, is traveling at unsafe, unacceptable Device Testing Program Administration Information and Education (PI&E) speeds over the newly established rational Guide. Programs for Rational Speed Limits speed limits. Enforcement operations shall take a top-down approach for establishing the D. Speed Display Trailer I. Introduction enforcement threshold. Speed measurements The applicant may use speed display Speeding—driving in excess of the posted at the selected road segments shall be used trailers on the selected roadway segments to speed limits or driving too fast for to determine the top 5 percent of speeds. inform the motoring public of their travel conditions—is a contributing factor in This information will be used to establish the speed on the selected roadway segments. enforcement threshold. The enforcement approximately 30 percent of all fatal traffic [FR Doc. 01–13721 Filed 5–31–01; 8:45 am] crashes. A comprehensive Public Information threshold should never be less than 5 mph and Education (PI&E) program is essential to above the new posted speed limit. This top- BILLING CODE 4910–59–P gain motorist compliance with rational speed down strategy will not overwhelm the law enforcement officers, the prosecutors, or the limits. All available means that can be used courts. This strategy promotes public and to effectively carry the awareness message to DEPARTMENT OF TRANSPORTATION court acceptance of enforcement by targeting the motoring public should be used. only the most egregious violators. The overall Federal Highway Administration II. Methods and Strategies goal of the enforcement efforts is motorist A plan should be developed that includes compliance, not issuance of citations. Participation in the Intelligent media analysis and profiles of target B. Deterrence Depends Upon the Perceived Transportation Infrastructure Program audiences to determine optimum media mix Risk of Apprehension AGENCY: Federal Highway and timing for the campaign. This plan The public must be aware that new speed Administration (FHWA), DOT. should be followed for the duration of the limits will be strictly enforced. Highly PI&E program. It should primarily reflect visible, highly publicized enforcement efforts ACTION: Notice; request for participation. methods for monitoring the effectiveness of enhance this perception. The involved 1 the PI&E program prior to its initiation and enforcement agencies shall commit SUMMARY: The U.S. DOT is interested as it progresses. Improvements in the PI&E additional resources above the norm for in working with State and local program should be made, as necessary, for speed enforcement efforts at the selected governments and an existing private maximum effectiveness. roadway segments. This effort will provide a sector partner to develop an ability to All materials should be developed in consistent law enforcement presence without measure the operating performance of appropriate languages that reflect the the appearance of a ‘‘speed trap’’ being in the roadway system at a regional and demographics of the public within the target operation. The strategy should still allow the national level and to produce other project demonstration area. PI&E activities enforcement officers to be available to valuable streams of information. The respond to other law enforcement activities should be conducted, as appropriate, prior to U.S. DOT is interested in assisting State and during the speed management project. as necessary. PI&E strategies should be developed in the and local transportation agencies to C. Deterrence Depends on the Swiftness, have access to real-time and archived following areas: Certainty, and Severity of Punishment • An overall PI&E awareness program performance data to assist in their Once caught, speeders must be adjudicated concerning the new speed management planning, evaluation, and management quickly with a high likelihood of significant techniques to ensure motorist acceptance and activities. To achieve these objectives, penalties. compliance. This awareness program should the U.S. DOT is seeking applications reflect a unified approach across media while II. Operational Considerations from State and/or local transportation maximizing the value and effectiveness of A. Officers agencies interested in forming a public/ each media program. • Basic enforcement speed-measuring device private partnership, with a private A PI&E event schedule, including special partner preselected by the U.S. DOT, to press activities and press conferences. (e.g., radar, lidar, vascar, etc.) operator training programs developed by NHTSA will • Distributed Materials: Fact sheets, participate in the Intelligent be offered by the U.S. DOT for officers inserts, flyers, posters, print ads, exhibits and Transportation Infrastructure Program involved in speed enforcement. In addition, displays. (ITIP). officers involved in speed enforcement are • News Media Materials: Press releases, DATES: encouraged to comply with the enforcement Applications to participate in the public service announcements, live- and operational procedures established by ITIP must be received by 4 p.m., e.t., announcer scripts. U.S. DOT. Traffic officers assigned to patrol July 31, 2001. • Press conferences should be used where the demonstration roads should devote a ADDRESSES: Applications to participate appropriate. These conferences should occur significant portion of their shift on speed in the ITIP should be submitted directly at the initiation of the demonstration project enforcement. (and at other key periods) in order to achieve to the Federal Highway Administration, maximum press coverage. Press conferences, B. Marked Police Vehicles Office of Travel Management, HOTM–1, when practical, shall include participation It is desirable that speed enforcement on Attention: Chung Eng, 400 Seventh St., from all groups involved in the the selected roadway segments be highly SW., Room 3404, Washington, DC demonstration project, (i.e., traffic engineers, visible. Marked police vehicles frequently 20590. Applications may be submitted law enforcement officers, prosecutors, patrolling the roadway segments provide this electronically to: judges). visibility. The use of unmarked vehicles for [email protected]. speed enforcement should be kept at a Appendix C—Guidelines for minimum. Unmarked police vehicles tend to FOR FURTHER INFORMATION CONTACT: Mr. Enforcement of Safe and Rational give the public the perception that the Chung Eng, Office of Travel Speed Limits roadway segment is a ‘‘speed trap’’. This Management (HOTM–1), (202) 366– perception should be avoided. Enforcement of traffic laws is successful 8043, or Mr. Wilbert Baccus, Chief primarily through the principle of deterrence. C. Speed-Measuring Devices Counsel Service Business Unit (HCC– The fundamental concept is that credible All speed-measuring devices used in the 40), (202) 366–0780, Department of threats of punishment deter unwanted speed enforcement efforts should be listed on behavior. the International Association of Chiefs of 1 The FHWA is the implementing agency.
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Transportation, Federal Highway technology commercialization performance measure reports to the U.S. Administration, 400 Seventh St., SW., initiatives as part of a program to DOT. Washington, DC 20590. Office hours are ‘‘advance the deployment of an This expansion of the ITIP provides from 7:45 a.m. to 4:15 p.m., e.t., Monday operational intelligent transportation for the selection, under the current task through Friday, except Federal holidays. infrastructure system for the order contract with the Consortium, of The point of contact for the preselected measurement of various transportation two (2) additional metropolitan areas to private partner is as follows: Mr. John system activities to aid in the receive Federal grants of no more than Collins, Traffic.com, Chesterbrook transportation planning and analysis $2 million each. The focus in these two Corporate Center, 851 Duportail Road, while making a significant contribution (2) expansion metropolitan areas is to Suite 220, Wayne, Pennsylvania, to the ITS program.’’ To that end, the enhance existing surveillance Telephone: (610) 407–3412. U.S. DOT has retained a private sector infrastructure through integration, along SUPPLEMENTARY INFORMATION: Consortium consisting of Traffic.com; with strategic deployment of Signal Corporation; Michael Baker Jr., supplemental surveillance Background Inc.; L.R. Kimball & Associates, Inc.; and infrastructure. The enhanced The U.S. DOT is interested in PB Farradyne, Inc. to experiment with surveillance infrastructure and developing an ability to measure the the collection and archiving of performance data generated will be used operating performance of the roadway performance monitoring data that will to: (1) Aid the public sector partner in system at a national level. The U.S. DOT ultimately be used to measure national carrying out system management is also interested in State and local system performance while also using activities including operations, transportation agencies having access to this data for commercial traveler planning, analysis, and maintenance; (2) roadway system performance data to information purposes. The leader of this support the provision of free basic assist in their planning, evaluation, and Consortium is Traffic.com, with the traveler information to the public; (3) management activities. The ITIP remaining members primarily playing provide opportunities for provides Federal funding for the support roles. commercialization of other Advanced integration of intelligent transportation To date, the U.S. DOT and the Traveler Information Services (ATIS); infrastructure in major metropolitan Consortium have tested this public/ and (4) support submittal of data and areas with a population exceeding private partnership in two (2) cities: system performance measure reports to 300,000. The ITIP will enhance existing Pittsburgh, PA and Philadelphia, PA. the U.S. DOT on a monthly basis. surveillance infrastructure through Briefly, the deployments in the two (2) Preference will be given to the top 78 metropolitan areas in support of the integration, along with strategic initial cities feature the following: 1996 U.S. DOT ITS goal to deploy a deployment of supplemental • Over one hundred (100) sensors complete Intelligent Transportation surveillance infrastructure. deployed in each city along freeways In addition, the U.S. DOT is interested Infrastructure in these areas within the and other major arterials capable of in facilitating public/private next decade. Preference will also be providing data on volume, speed, lane partnerships and the commercialization given to metropolitan areas that are occupation, and limited vehicle of traveler information data to create the currently experiencing significant classification; opportunity for self-sustained systems congestion problems; and which already • Archived database function; that attract private capital. To be useful • have substantial infrastructure in place for the purposes described, roadway Free web-based access to basic real- such that much of the $2 million in system performance data must be time as well as archived data for public Federal funds can be used to fill in data agency stakeholders; measured continuously, and be • gaps, and to facilitate system integration available in both real-time and archived Free web-based traffic condition and data management. information to the general public; Objectives: This solicitation addresses formats. There is consensus within the • transportation community that travel Additional value-added commercial the program provided for under section time and travel time reliability are services on a fee basis; 5117(b)(3) of the TEA–21. The U.S. DOT • among the best measures for these Firm, fixed price contract where the is providing funding to: purposes. These and other desired private partner owns, operates, and • Accelerate the integration and measures are described in further detail maintains the system; enhancement of intelligent • within this solicitation. Integration of at least one legacy transportation infrastructure in major The path to achieving these objectives system (e.g. the Pennsylvania DOT’s metropolitan areas to enable and help presents an opportunity to serve public Traffic Operations Center in Pittsburgh); manage the continuous monitoring of agency needs in true public/private • Private funding contribution toward the roadway system for purposes of partnerships. It is recognized that the infrastructure; and providing real-time as well as archived same data that is useful to the public • Sharing of gross revenues to data to aid in the operation, planning, transportation agencies also has value support system enhancements. analysis, and maintenance activities of for commercial traveler information This notice and request for the U.S. DOT and State and local applications. Thus, the potential exists participation extends the existing agencies; for a public/private partnership that relationship with the Consortium, along • Enhance the quality, availability, would collect system performance data with any necessary changes in support and accessibility of transportation to serve national and local needs and, at role members, to two (2) additional system performance data to enable the the same time, use the same data for metropolitan areas. Lessons from the calculation of mobility performance and commercial traveler information initial deployments as well as system reliability measures while purposes. additional elements of national interest satisfying system operational needs at Such a partnership was envisioned in are reflected in this notice and request. the same time; section 5117(b)(3) of the Transportation This includes an increased emphasis on • Provide to the U.S. DOT Equity Act for the 21st Century (TEA– integrating existing data, and added performance data and reports which, at 21), Pub. L. 105–178, as amended by requirements for calculating reliability a minimum, include data outlined in title IX of Pub. L. 105–206, which performance measures using the data to the Technical Plan description under requires the provision of private be collected, and monthly submittal of Selection Criteria;
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• Provide a traveler information archiving, and dissemination under contract with the U.S. DOT to service that includes free public access mechanisms. initiate this program in Pittsburgh and to basic traveler information, and There is a twenty percent (20%) Philadelphia, Pennsylvania. Applicants supports provision of a 511 based matching share ($500,000) that must be must also be willing to work within the telephone service; and from non-Federally derived funding current contractual mechanism for the • Realize and publicize the benefits of sources, as statutorily required. For the initial deployments. This will involve regionally integrated and interoperable purposes of this program, this matching the following: intelligent transportation infrastructure share must consist of a cash 1. The FHWA has a contractual capable of supporting regional as well as contribution to the project. The non- arrangement with the Consortium in the national needs. Federally derived funding may come form of a work order under the U.S. As stated in section 5117(b)(3) of from State, local government, or private DOT’s Information Technology TEA–21, additional program objectives sector partners. Note that funding Omnibus Procurement (ITOP) program include: identified to support continued to develop and deploy systems in • Providing private technology operations, maintenance, and Pittsburgh and Philadelphia. Since this commercialization initiatives to management of the system will not be program expansion involves exercising generate revenues which will be shared considered as part of the partnership’s an option within the current ITOP work with the U.S. DOT; cost-share contribution. order, the Federal funds provided will • Collecting data primarily through In an ITS partnership, as with other continue to be made available to the wireless transmission along with some U.S. DOT cost-sharing grants, it is selected partnerships through this ITOP shared wide area networks; inappropriate to include a fee in the arrangement. This involves direct • Aggregating data into reports for proposed budget as part of a partner’s payment to the private partner of the multipoint data distribution techniques; contribution to the project. This does Federal funds to be provided; and and not prohibit appropriate fee payments to 2. The selected metropolitan areas/ • Utilizing an advanced information vendors or others that may provide States are expected to negotiate their system designed and monitored by an goods or services to the partnership. It own agreements with the Consortium, entity with experience with the U.S. also does not prohibit business henceforth referred to as the preselected DOT in the design and monitoring of relationships with the private sector private partner, to facilitate their high reliability, mission critical voice which result in revenues from the sale financial contribution, and the work to and data systems. or provision of ITS products or services. be performed. The ITOP work order(s), The U.S. DOT regulations require grant Funding: The U.S. DOT will select including payment schedule, will be income to be deducted from two (2) metropolitan areas to participate adjusted as necessary to reflect the expenditures before billing. Given prior in this expansion of the ITIP. A total of agreements that have been individually approval, grant income can be used $2 million in Federal funds per negotiated between the selected either as match or cost share. metropolitan area will be made metropolitan areas/States and the The U.S. DOT and the Comptroller available incrementally over the next preselected private partner. General of the United States have the two (2) calendar years to the Information on U.S. DOT’s ITOP right to access all documents pertaining metropolitan areas selected through this program can be found at http:// to the use of Federal ITS funds and non- solicitation. The Federal funding will be itop.dot.gov/itop/. Federal contributions. Non-Federal In addition, applications must: made available to the selected partners must maintain sufficient 1. Demonstrate that the population in partnerships through an existing documentation to substantiate these the metropolitan area where the contract involving the Consortium. costs. Such items as direct labor, fringe proposed deployment will occur Federal funding for the ITIP shall be benefits, material costs, consultant currently exceeds 300,000; used to support: costs, public involvement costs, 2. Demonstrate that the metropolitan 1. Creation of a process and subcontractor costs, and travel costs area where the proposed deployment mechanism to collect, integrate, archive, should be included in that will occur currently experiences manage, and report new and existing documentation. significant vehicular traffic congestion transportation data for mobility and based upon metrics acceptable in the performance monitoring, planning, Program-Wide Evaluation of Benefits transportation industry; evaluation, and other similar purposes; The U.S. DOT may use its resources 3. Demonstrate that the metropolitan 2. Creation of a data repository of new to conduct independent evaluations of area where the proposed deployment and existing real-time traveler the benefits resulting from the ITIP at will occur has already made significant information for dissemination to the the selected metropolitan areas. The investments in ITS infrastructure; traveling public through a variety of decision to evaluate benefits at a 4. Demonstrate that the metropolitan delivery mechanisms, including support specific metropolitan area will be made area where the proposed deployment for a 511 based telephone service, on a case-by-case basis, reflecting will occur provides an environment provision of free basic traveler information needs at the U.S. DOT. The supportive of commercialization of information to the public, and ITIP partners shall cooperate with the traffic data; commercial traveler information independent evaluators and participate 5. Demonstrate that the proposed services; in evaluation planning and progress deployment will achieve the objectives 3. Creation of a regional review meetings to ensure a mutually described in the ‘‘Objectives’’ section of transportation information system that acceptable, successful implementation this solicitation; integrates and supplements existing of the independent evaluation. 6. Demonstrate that sufficient funding surveillance infrastructure to support is available to successfully complete all public sector transportation Eligibility aspects of the proposed deployment management needs and private sector To be eligible for participation in this while complying with the cost sharing commercialization; and limited expansion of the ITIP, and matching requirements described in 4. Accommodation/integration of applicants must establish a partnership the ‘‘Funding’’ section of this existing transportation data collection, with the Consortium that is currently solicitation;
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7. Commit to sharing existing below, to determine: (1) the proposed B. Technical Plan surveillance data with the preselected project’s potential for achieving and The Technical Plan must address the private partner; showcasing the benefits of using ITS development, deployment, operation, 8. Provide access to rights-of-way for technology for highway performance and management of intelligent installation of additional surveillance monitoring and management; (2) the transportation infrastructure that: 1) infrastructure by the preselected private proposed partnership’s ability to enhances the quality, availability, and partner; complete the proposed infrastructure accessibility of both real-time and 9. Contain a Technical Plan, a integration within one (1) year after archived transportation system Management and Staffing Plan, and a award; (3) the proposed project’s performance data for transportation Financial Plan; and potential for fostering private operations, planning, analysis, and 10. Demonstrate a commitment to a commercialization initiatives, and (4) maintenance purposes; 2) supports schedule whereby the proposed the responsiveness of the proposed monthly submittal of such data to the deployment will be operational within technical, financial, and management U.S. DOT; and 3) provides a traveler one year from the date of award. approaches. information service, including support Instructions to Applicants The following criteria will be used in for a 511 based telephone service as An application to participate in the selecting metropolitan areas for well as commercial value added ITIP shall consist of a Technical Plan, a participation in the ITIP. services. Management and Staffing Plan, and a A. Partnership 1. The Technical Plan must contain Financial Plan. Together, these shall not an operational concept and technical exceed fifty (50) pages in length The proposed partnership approach that demonstrates how the including title, index, tables, maps, demonstrates a strong commitment to proposed deployment will operate when appendices, abstracts, and other cooperation among agencies, fully implemented, as well as during supporting materials. Copies of jurisdictions, and the preselected any incremental deployment steps Memorandums of Understanding private partner. leading to full implementation. The (MOUs), or other similar appropriate 1. The application discusses proposed technical plan must define the documents described below shall be working relationships, cooperation, and operational roles and responsibilities of attached to the application and shall not information-sharing among participating the partners during operations (and key exceed fifteen (15) pages. A page is public transportation agencies and the operator functions), as well as the defined as one (1) side of an 81⁄2 × 11 preselected private partner for the functions performed by the ITS inch sheet of paper, with a type font no collection, management, and use of infrastructure elements. The technical smaller than 12 point. Applications transportation system performance data, plan should describe the changes to greater than fifty (50) pages will not be and the dissemination of travel existing systems and additional accepted. information services, including support elements. Emphasis should be placed on Applications shall be submitted in an for a 511 telephone service. operational aspects of the proposed electronic format compatible with 2. The proposed partnership deployment that will achieve the goal of Microsoft Office 2000. The cover sheet demonstrates a strong commitment to improving the performance of the or front page of the application shall cooperation among agencies, transportation system. The technical include the name, address, and phone jurisdictions, and the preselected plan should address the opportunities number of an individual to whom private partner, on both long-range for generating/supporting commercial correspondence and questions about the investment decisions and short-range products with the data. application may be addressed. Any 2. The Technical Plan must contain a portion of the application or its contents operation and management issues. Documentation that clearly defines the description of existing monitoring that may contain proprietary infrastructure and describe the information shall be clearly indicated; responsibilities and relationships of all parties, including institutional monitoring and traffic data needs of the otherwise, the application and its community; and the proposed approach contents shall be non-proprietary. relationships, revenue sharing, and other financial agreements needed to for meeting local, as well as National Selection Criteria support the intelligent transportation needs. Applicants must submit acceptable infrastructure deployment, are attached. 3. The Technical Plan must contain a Technical, Management and Staffing, 3. The proposed partnership results in technical approach to submit all data and Financial Plans that together an arrangement where the public sector aggregated as part of this project, provide sound evidence that the partners will be provided an ongoing including new and existing data, to the proposed partnership can successfully data stream and the preselected private U.S. DOT on a monthly basis. At a meet the objectives of the ITIP. partner will be responsible for operating minimum, the performance data are to The FHWA will assess applications and maintaining the data gathering include the elements outlined below in submitted in response to this notice system implemented as part of this Table 1. using the selection criteria set forth project under a fixed price contract. BILLING CODE 4910–22–P
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BILLING CODE 4910–22–C
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In addition, the technical approach 2000.’’ 2 For archived data, three (3) significant data gaps (one (1)-day or must include quality assurance facets of quality control procedures more) identified will be reported along processes for both real-time and must be addressed: with the monthly submission of data. archived data. For real-time data, the (1) Identification of faulty data; The Technical Plan must also contain data collected should be in accordance (2) Editing procedures once faulty a technical approach for using the data with the appropriate data quality levels data is detected; and aggregated as part of this project to specified in the document ‘‘Closing the (3) Treatment of missing values. calculate the performance measures Data Gap: Guidelines for Quality Any breakdown in the accepted identified in the Table 2 below, and Advanced Traveler Information System quality assurance processes must be submitting a monthly report of these (ATIS) Data, Version 1.0, September reported immediately. Additionally, any performance measures to the U.S. DOT.
The preselected private partner shall Architecture does not yet exist) will be identification of which partners will be responsible for submitting the above achieved; and how use of appropriate supply the staff needed, including the data and reports to the U.S. DOT. Data ITS standards will be considered, names and qualifications of key staff. for each area shall be delivered on consistent with the Final Rule on ITS This plan must also describe the compact disk (CD–ROM) and made Architecture and Standards, 23 CFR Part proposed lines of communication downloadable via the Internet monthly 940, 66 FR 1446, January 8, 2001. between the partners, and define the by the private sector partner, not more 5. The Technical Plan must include responsibilities of each partner. than four (4) weeks following the end of an approach for developing the project 1. The Management and Staffing Plan the month. Data shall be delivered in a based on a systems engineering analysis, must demonstrate a sound management granularity and format to be agreed consistent with the Final Rule on ITS and organizational approach and upon prior to initiation of delivery. The Architecture and Standards, 23 CFR Part schedule that will ensure that the standard Highway Performance 940, 66 FR 1446, January 8, 2001. proposed deployment is operational Monitoring System (HPMS) 3 and Traffic 6. The Technical Plan must address 4 within one (1) year of the award of Monitoring Guide formats may be used issues related to ownership and funds. where applicable. Definitions to be used disposition of equipment deployed as shall be those contained in the Traffic part of this project; rights to data 2. The Management and Staffing Plan Monitoring Guide, or the archived data collected by infrastructure deployed as must demonstrate a commitment to hire standards (currently in development by part of this project; and rights to reports or assign a project manager and ASTM), or the traffic management data generated from this data. adequate full-time staff to ensure timely dictionary (TMDD) standards, if deployment of the project. Proposed C. Management and Staffing Plan available. staff should have demonstrated skills for 4. The Technical Plan must contain a The Management and Staffing Plan effective operations and management, or technical approach that demonstrates must demonstrate a well thought out the commitment to acquiring the how consistency with the Regional ITS estimate of the level of effort and skills necessary skills in relevant technical Architecture (or with the National ITS needed to successfully complete the areas. Architecture where a Regional ITS proposed deployment, along with the
2 The ‘‘Closing the Data Gap: Guidelines for 3 The Highway Performance Monitoring System 4 The Traffic Monitoring Guide is available for Quality Advanced Traveler Information System (HPMS) field Manual is available for review at the review at the URL: http://www.fhwa.dot.gov/ohim/ (ATIS) Data, Version 1.0, September 2000,’’ can be URL: http://www.fhwa.dot.gov/ohim/hpmsmanl/ tvtw/tvtwpage.htm. obtained for review by contacting hpms.htm. [email protected].
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D. Financial Plan and police escort of explosives transportation of this material is in The Financial Plan must demonstrate shipments. ‘‘the public interest’’; that sufficient funding is available to APPLICABLE FEDERAL REQUIREMENTS: —A carrier of explosives must (1) notify successfully complete all aspects of the Federal hazardous material the Fire Department ‘‘24 hours in proposed project as described in the transportation law, 49 U.S.C. 5101 et advance of all deliveries’’ of Technical Plan. seq., and the Hazardous Materials explosives within the City, (2) specify 1. The Financial Plan must include a Regulations (HMR), 49 CFR parts 171– the route to be taken within the City clear identification of the proposed 180. in accordance with the authority of funding for the proposed deployment, MODES AFFECTED: Highway. the City’s Director of Public Safety (or and a commitment to provide a SUMMARY: The following requirements his representative) to designate the minimum twenty percent (20%) are preempted by 49 U.S.C. 5125(a)(2) route to be taken within the City, and matching share that must be from non- because they create obstacles to the (3) have a police escort if more than Federally derived funding sources. All accomplishment and carrying out of 250 lbs. of explosives are transported financial commitments from both the Federal hazardous material within the City; and public and private partners, including transportation law and the HMR: —A vehicle transporting explosives or any details of revenue sharing, must be 1. Cleveland City Code section other hazardous materials must documented. 394.06(b) prohibiting the transportation maintain a certain distance from any 2. The Financial Plan must include a of hazardous materials in the Downtown other vehicle transporting explosives sound financial approach to ensure the Area between 7 a.m. and 6 p.m., except or other hazardous materials, i.e., 500 timely deployment and the continued Saturday and Sunday, preempted with feet between vehicles transporting long-term operation and management of respect to radiopharmaceuticals only. explosives and 300 feet between the system without continued reliance 2. Cleveland’s uncodified vehicles transporting hazardous on Federal funding. The Financial Plan requirements for a transporter of materials. must include documented evidence of explosives to notify the Fire Prevention This proceeding is based on two continuing fiscal capacity and Bureau 24 hours in advance of any pick- notices published in the Federal commitment. up or delivery, to specify the route to be Register on September 17, 1998 (63 FR 3. The proposed project must include taken within the City, and to have a 49804), and June 30, 1999 (64 FR corresponding public and/or private police escort if more than 250 pounds 35239). The first notice invited investments that minimize the relative are transported. interested parties to comment on an percentage and amount of Federal 3. Cleveland City Code sections application by AWHMT in March 1998 funds. 387.08(b) and 394.07(b) specifying challenging a broad set of the City’s separation distance requirements Authority: 23 U.S.C. 315; Sec. 5117(b)(3) of requirements for: Public Law 105–178, as amended; 49 CFR between vehicles transporting —A permit to transport hazardous 1.48. explosives or other hazardous materials. materials when a placard is required, There is insufficient information in Issued on: May 25, 2001. permit fees, proof of insurance, the record to find that the weekday time permissible routes and advance notice Vincent F. Schimmoller, restriction in City Code section Deputy Executive Director. of the route to be used, and the 394.06(b) is preempted with respect to weekday time restrictions in the [FR Doc. 01–13791 Filed 5–29–01; 2:44 pm] hazardous materials other than Downtown Area; and BILLING CODE 4910–22–P radiopharmaceuticals. —A permit to transport any amount of FOR FURTHER INFORMATION CONTACT: explosives, permit fees, proof of insurance, routing and prenotification DEPARTMENT OF TRANSPORTATION Frazer C. Hilder, Office of the Chief Counsel, Research and Special Programs of shipments, vehicle inspections, the Research and Special Programs Administration (Tel. No. 202–366– number of fire extinguishers on the Administration 4400), or Joseph Solomey, Office of the vehicle, and a police escort (for any Chief Counsel, Federal Motor Carrier shipment of more than 250 lbs. of Federal Motor Carrier Safety Safety Administration (Tel. No. 202– explosives). Administration 366–1374), U.S. Department of In response to the September 17, 1998 Transportation, 400 Seventh Street, SW, notice, comments were submitted by the [Docket No. RSPA–98–3579 (PD–20(RF))] Washington, DC 20590–0001. City, AWHMT, and the following Cleveland, Ohio Requirements for SUPPLEMENTARY INFORMATION: additional parties: the Public Utilities Commission of Ohio (PUCO), Transportation of Hazardous Materials I. Background Association of American Railroads, AGENCY: Research and Special Programs In this determination, FMCSA and Hazardous Materials Advisory Council Administration (RSPA) and Federal RSPA consider whether Federal (HMAC), Institute of Makers of Motor Carrier Safety Administration hazardous material transportation law, Explosives, National Paint & Coatings (FMCSA), DOT. 49 U.S.C. 5101 et seq., preempts Association (NPCA), Ohio ACTION: Notice of administrative requirements of the City of Cleveland, Environmental Service Industries, and determination of preemption. Ohio (City) that: Roadway Express. —Hazardous materials may not be The City and PUCO initially asked for APPLICANT: Association of Waste transported within the ‘‘Downtown a 60-day extension of the opening Hazardous Materials Transporters Area’’ of the City between 7 a.m. and comment period in order to allow them (AWHMT) and American Trucking 6 p.m. except Saturdays and Sundays, to further examine with AWHMT the Associations, Inc. (ATA). unless the Fire Chief grants an City’s requirements and consider LOCAL LAWS AFFECTED: Cleveland exception on a showing that delivery changes that might avoid the need for Consolidated Ordinances (City Code), or pick-up of the hazardous material RSPA and FMCSA to make Chapters 387 and 394, and uncodified ‘‘can be practicably made’’ only determinations in this proceeding. requirements for advance notification during the prohibited time period and These requests were denied, but the City
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and AWHMT were encouraged to eliminate the separate requirement To be ‘‘substantively the same,’’ the continue their discussions, which specifying a 500-foot separation non-Federal requirement must conform resulted in the development of proposed distance for vehicles transporting ‘‘in every significant respect to the amendments to many of the City Code explosives. Federal requirement. Editorial and other provisions initially challenged by similar de minimis changes are II. Federal Preemption AWHMT. In an April 15, 1999 letter, permitted.’’ 49 CFR 107.202(d). AWHMT asked RSPA and FMCSA to Section 5125 of Title 49 U.S.C. Subsection (c)(1) of 49 U.S.C. 5125 defer consideration of the City’s contains several preemption provisions provides that, beginning two years after requirements on permits, permit fees, that are relevant to AWHMT’s DOT prescribes regulations on standards vehicle inspections, and fire application. Subsection (a) provides to be applied by States and Indian tribes extinguishers. With some qualifications, that—in the absence of a waiver of in establishing requirements on the City concurred. As a result, in the preemption by DOT under § 5125(e) or highway routing of hazardous materials, June 30, 1999 Federal Register notice, specific authority in another Federal A State or Indian tribe may establish, RSPA and FMCSA invited interested law—a requirement of a State, political maintain, or enforce a highway routing parties to submit further comments on subdivision of a State, or Indian tribe is designation over which hazardous material the following requirements: the preempted if— may or may not be transported by motor weekday time restrictions for hazardous vehicles, or a limitation or requirement (1) Complying with a requirement of the materials; the prenotification, routing, related to highway routing, only if the State, political subdivision, or tribe and a designation, limitation, or requirement and escort requirements for explosives; requirement of this chapter or a regulation complies with section 5112(b).2 and the vehicle distance separation issued under this chapter is not possible; or requirements.1 (2) The requirement of the State, political In addition, 49 U.S.C. 5125(g)(1) In response to the June 30, 1999 subdivision, or tribe, as applied or enforced, provides that a State, political notice, further comments were is an obstacle to accomplishing and carrying subdivision, or Indian tribe may submitted by the City, AWHMT, out this chapter or a regulation prescribed impose a fee related to transporting Mallinckrodt, Inc., Radiopharmaceutical under this chapter. hazardous material only if the fee is fair and Shippers and Carriers Conference used for a purpose relating to transporting These two paragraphs set forth the (RSCC), and Roadway Express. hazardous material, including enforcement ‘‘dual compliance’’ and ‘‘obstacle’’ In March 2000, a representative of and planning, developing, and maintaining a criteria that RSPA had applied in capability for emergency response. ATA advised that ATA had assumed issuing inconsistency rulings prior to AWHMT’s role in this proceeding These preemption provisions in 49 1990, under the original preemption because AWHMT (formerly affiliated U.S.C. 5125 carry out Congress’s view provision in the Hazardous Materials with ATA) had been dissolved. In that a single body of uniform Federal Transportation Act (HMTA). Pub. L. 93– November 2000, the City’s Law regulations promotes safety in the 633 Section 112(a), 88 Stat. 2161 (1975). Department submitted its latest draft of transportation of hazardous materials. In The dual compliance and obstacle proposed revisions to Chapters 387 and considering the HMTA, the Senate criteria are based on U.S. Supreme 394 of the City Code, which appears to Commerce Committee ‘‘endorse[d] the Court decisions on preemption. Hines v. resolve many of the issues raised in principle of preemption in order to Davidowitz, 312 U.S. 52 (1941); Florida AWHMT’s application. RSPA and preclude a multiplicity of State and Lime & Avocado Growers, Inc. v. Paul, FMCSA understand that, if this draft is local regulations and the potential for 373 U.S. 132 (1963); Ray v. Atlantic ultimately adopted, the City would: varying as well as conflicting Richfield, Inc., 435 U.S. 151 (1978). —Retain its current weekday time regulations in the area of hazardous restrictions for hazardous materials; Subsection (b)(1) of 49 U.S.C. 5125 materials transportation.’’ S. Rep. No. —Require persons within the City who provides that a non-Federal requirement 1102, 93rd Cong. 2nd Sess. 37 (1974). ship or receive explosives (rather than concerning any of the following When it amended the HMTA in 1990, the transporter of explosives) to subjects, that is not ‘‘substantively the Congress specifically found that: obtain a permit and also (1) provide same as’’ a provision of Federal (3) Many States and localities have enacted 24-hour advance notice to City Police hazardous material transportation law laws and regulations which vary from of the proposed route and time and or a regulation prescribed under that Federal laws and regulations pertaining to place that the shipment will originate law, is preempted unless it is authorized the transportation of hazardous materials, or be received (plus updates of any by another Federal law or DOT grants a thereby creating the potential for waiver of preemption: unreasonable hazards in other jurisdictions changes), and (2) require the and confounding shippers and carriers which transporter to both comply with the (A) The designation, description, and attempt to comply with multiple and route designated by the Fire Chief and classification of hazardous material. conflicting registration, permitting, routing, cooperate with any police escort (B) The packing, repacking, handling, notification, and other regulatory within the City; and labeling, marking, and placarding of requirements, —Modify its current 300-foot separation hazardous material. (4) Because of the potential risks to life, distance requirement to apply to all (C) The preparation, execution, and use of property, and the environment posed by vehicles transporting hazardous shipping documents related to hazardous material and requirements related to the materials, except when at a 2 DOT’s regulations on State and Indian tribe number, contents, and placement of those requirements for highway routing of hazardous destination or point of origin, and documents. materials are set forth in two subparts of 49 CFR (D) The written notification, recording, and part 397. Subpart D, adopted September 24, 1992, 1 AWHMT’s April 15, 1999 letter and the City’s reporting of the unintentional release in applies to radioactive materials and sets forth the response on April 30, 1999 were set forth in the transportation of hazardous material. same requirements originally issued by RSPA in June 30, 1999 notice. Because the comment period (E) The design, manufacturing, fabricating, 1981. 57 FR 44129. Subpart C applies to non- was reopened, the City’s prior objection to the marking, maintenance, reconditioning, radioactive hazardous materials and became failure to extend the opening comment period and effective on November 14, 1994. 59 FR 51824 (Oct. its objection to considering its distance separation repairing, or testing of a packaging or a 12, 1994). The latter provides that only designations requirement (which was not challenged in container represented, marked, certified, or established or modified on or after November 14, AWHMT’s original application) are considered sold as qualified for use in transporting 1994 must comply with the standards issued under moot. hazardous material. 49 U.S.C. 5112(b). 49 CFR 397.69(a).
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unintentional releases of hazardous consideration of written comments, 895 (D.C. Cir. 1996), in which the Court materials, consistency in laws and RSPA and FMCSA publish their of Appeals stated that there is an regulations governing the transportation of determination in the Federal Register. ‘‘established presumption against hazardous materials is necessary and See 49 CFR 107.209, 397.211. A short preemption in matters of traditional desirable, state control.’’ The City also has taken (5) In order to achieve greater uniformity period of time is allowed for filing and to promote the public health, welfare, petitions for reconsideration. 49 CFR the position that, under the standard in and safety at all levels, Federal standards for 107.211, 397.223. Any party to the 49 CFR 397.3, ‘‘traffic control regulating the transportation of hazardous proceeding may seek judicial review in regulations’’ are preempted only when materials in intrastate, interstate, and foreign a Federal district court. 49 U.S.C. they are ‘‘at variance with specific commerce are necessary and desirable. 5125(f). regulations of the Department of Pub. L. 101–615 section 2, 104 Stat. Preemption determinations do not Transportation which are applicable to 3244. address issues of preemption arising the operation of that vehicle and which A Federal Court of Appeals has found under the Commerce Clause, the Fifth impose a more stringent obligation or that uniformity was the ‘‘linchpin’’ in Amendment or other provisions of the restraint.’’ AWHMT responded that the the design of the HMTA, including the Constitution or under statutes other transportation of hazardous materials is 1990 amendments that expanded the than the Federal hazardous material not an area traditionally within State or original preemption provisions. transportation law unless it is necessary local control but, rather, was reserved to Colorado Pub. Util. Comm’n v. Harmon, to do so in order to determine whether the Federal Government under the 951 F.2d 1571, 1575 (10th Cir. 1991). (In a requirement is authorized by another Commerce Clause of the Constitution. It 1994, Congress revised, codified and Federal law, or whether a fee is ‘‘fair’’ stated that Congress assigned to DOT, enacted the HMTA ‘‘without substantive within the meaning of 49 U.S.C. rather than the Environmental change,’’ at 49 U.S.C. Chapter 51. Pub. 5125(g)(1). A State, local or Indian tribe Protection Agency (EPA) or the States, L. 103–272, 108 Stat. 745.) To also requirement is not authorized by ‘‘the regulation of hazardous materials achieve safety through consistent another Federal law merely because it is in transportation,’’ including intrastate Federal and State requirements, not preempted by another Federal commerce. AWHMT also stated that 49 Congress has authorized DOT to make statute. Colorado Pub. Util. Comm’n v. CFR 397.3 is ‘‘dated’’ and of grants to States ‘‘for the development or Harmon, 951 F.2d at 1581 n.10. questionable relevance because it ‘‘does implementation of programs for the In making preemption determinations not even demand that the non-federal enforcement of regulations, standards, under 49 U.S.C. 5125(d), RSPA and operating rules have a safety nexus.’’ and orders’’ that are ‘‘compatible’’ with FMCSA are guided by the principles References to areas of ‘‘traditional the highway-related portions of the and policies set forth in Executive Order state control’’ and a ‘‘presumption’’ HMR. 49 U.S.C. 31102(a). In this fiscal No. 13132, entitled ‘‘Federalism’’ (64 FR against finding preemption provide year, $155 million is available for grants 43255 (August 10, 1999). Section 4(a) of little help in resolving issues of to States under the Federal Motor that Executive Order authorizes preemption under Federal hazardous Carrier Safety Assistance Program. See preemption of State laws only when a material transportation law. It is 49 CFR Parts 350 & 355 and the statute contains an express preemption undisputed that Congress has the power preamble to FMCSA’s March 21, 2000 provision, there is other clear evidence to ‘‘regulate commerce * * * among the final rule, 65 FR 15092, 15095–96. that Congress intended to preempt State several States,’’ under the Commerce Under 49 U.S.C. 5125(d)(1), any law, or the exercise of State authority Clause of the Constitution. The Federal directly affected person may apply to directly conflicts with the exercise of hazardous material transportation law the Secretary of Transportation for a Federal authority. Section 5125 contains was enacted under that authority to determination whether a State, political express preemption provisions, which promote safety through greater subdivision or Indian tribe requirement RSPA and FMCSA have implemented uniformity in the regulation of is preempted. This administrative through their regulations. hazardous materials in transportation. determination replaced RSPA’s process III. Discussion At the same time, RSPA has noted that for issuing advisory inconsistency rulings (IRs) under the ‘‘dual A. General Arguments on ‘‘Traditional The history of the Hazardous Materials compliance’’ and ‘‘obstacle’’ criteria State Control’’ Regulations for highway carriage has been In its opening comments, the City one of an accommodation of Federal and now explicitly set forth in § 5125(a). State interests that is pragmatic and that The Secretary of Transportation has stated that its requirements on recognizes, as have the courts, that local delegated to FMCSA the authority to transporting hazardous materials are not interest in highway safety is well established make determinations of preemption that preempted because they ‘‘concern areas and proper, and that a local exercise of police concern highway routing and to RSPA of traditional state control.’’ In later powers in support of that interest is not to the authority to make such comments, the City argued that be lightly displaced. determinations concerning all other ‘‘environmental regulation, including IR–1, New York City Health Code, 43 FR hazardous materials transportation hazardous material regulation and 16954–55 (Apr. 20, 1978). issues. 49 CFR 1.53(b), 1.73(d)(2). In this traffic safety, has long been recognized In sum, the legitimate State and local determination, FMCSA’s Administrator as an historic police power and an area interests in traffic safety do not displace has addressed the highway routing of traditional state control,’’ citing DOT’s authority to regulate the issues, and RSPA’s Associate Huron Portland Cement Co. v. City of transportation of hazardous materials in Administrator for Hazardous Materials Detroit, 362 U.S. 440 (1960), and commerce and to find, by regulation or Safety has addressed the non-highway National Solid Wastes Management other process, that a non-Federal routing issues. 49 CFR 107.209(a), Ass’n v. Killian, 918 F.2d 671 (7th Cir. requirement on transportation conflicts 397.211(a). 1990), aff’d sub nom., Gade v. National with the Federal hazardous material Section 5125(d)(1) requires that notice Solid Wastes Management Ass’n, 505 transportation law and is preempted. of an application for a preemption U.S. 88 (1992). The City urged DOT to The traditional State and local role in determination be published in the follow Commonwealth of Massachusetts ‘‘environmental regulation’’ focuses Federal Register. Following receipt and v. U.S. Dep’t of Transp., 93 F.3d 890, primarily on limits or liabilities on the
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discharge of pollutants, including their Counsel explained that this section has regulation is consistent with the disposal, rather than requirements a parallel in 49 CFR 392.2 applicable to structure and purpose of the statute as affecting the movement of all commercial motor vehicles operated a whole.’’ Gade v. National Solid transportation vehicles. The Supreme in interstate commerce. The only Wastes Management Ass’n, 505 U.S. at Court recently noted that it has ‘‘upheld purpose of restating this requirement in 98. One must look to ‘‘the provisions of state laws imposing liability for § 397.3 was to make it apply to the whole law, and to its object and pollution caused by oil spills.’’ United ‘‘intrastate movements of hazardous policy.’’ Id. Accord, United States v. States v. Locke, 529 U.S. 89, 106 (2000). materials by interstate carriers.’’ Id. at Locke, 529 U.S. at 108 (‘‘we must ask However, ‘‘there is no beginning 16962. whether the local laws in question are assumption’’ that a State’s laws directly Local traffic controls may be consistent with the federal statutory affecting commerce constitute ‘‘a valid ‘‘presumed to be valid,’’ even when structure’’). exercise of its police powers,’’ even applied only to vehicles transporting The purpose of the Federal hazardous when those State laws are designed to hazardous materials. IR–23, City of New material transportation law ‘‘is to prevent or minimize damage to the York Regulations Governing Routing provide adequate protection against the environment. Id. at 108. and Time Restrictions on Transportation risks to life and property inherent in the Congress provided that hazardous of Hazardous Materials, 53 FR 16840, transportation of hazardous materials in substances designated by EPA under 42 16845 (May 11, 1988); IR–32, commerce * * *.’’ 49 U.S.C. 5101. To U.S.C. 9601(14) must be listed and Montevallo, Alabama Ordinance on accomplish that purpose, Congress has regulated as hazardous materials under Hazardous Waste Transportation, 55 FR declared that a State or local Federal hazardous material 36736, 36744 (Sept 6, 1990), appeal requirement is preempted when it ‘‘is an transportation law. 42 U.S.C. 9656(a). dismissed as moot, 57 FR 41165 (Sept. obstacle to accomplishing and carrying Moreover, EPA was directed to issue 9, 1992). However, that presumption is out’’ that law or the regulations issued regulations on transporters of hazardous not conclusive. Under the obstacle test thereunder. 49 U.S.C. 5125(a)(2). RSPA waste, ‘‘after consultation with the for preemption, and FMCSA cannot agree with the Secretary of Transportation and the The critical issue is the actual effect of the conclusion of the Court of Appeals in States,’’ that are ‘‘consistent with’’ requirement in question on overall public the Commonwealth of Massachusetts DOT’s regulations under Federal safety. The argument that this issue is case that the ‘‘obstacle’’ test for hazardous material transportation law. foreclosed by the presumption of validity of preemption only applies to non-Federal local laws is both circular, in that it takes the 42 U.S.C. 6923(a), (b). State regulations requirements ‘‘with which a party on transportation of hazardous waste inquiry back to its starting point, and irrelevant, in that the issue is the effect on cannot comply if it complies with must be consistent with the HMR, HMTA, or [non-Federal] rules that because a State program may not be safety as a matter of fact, rather than as a matter of legal presumption. otherwise pose an obstacle to fulfilling approved unless it is ‘‘equivalent to’’ IR–3, City of Boston Rules Governing explicit provisions, not general policies, and ‘‘consistent with’’ EPA’s hazardous of HMTA.’’ 93 F.3d at 895. waste program. 42 U.S.C. 6926(b). See Transportation of Certain Hazardous With this background, RSPA and also PD–12(R), 60 FR 62527, 62532–34 Materials, decision on appeal, 47 FR FMCSA turn to specific requirements in (Dec. 6, 1995), decision on petition for 18457, 18459 (Apr. 29, 1982). the City Code on transporting explosives reconsideration, 62 FR 15970, 15973 Thus, § 397.3 does not give States or and other hazardous materials. (Apr. 3, 1997), complaint for judicial localities blanket authority to impose review dismissed, State of New York v. requirements on vehicles transporting B. Weekday Time Restrictions in the U.S. Dep’t of Transp., 37 F. Supp. 2d hazardous materials that do not apply to Downtown Area 152, 158 (N.D.N.Y. 1999) (‘‘EPA’s other vehicles of similar type (e.g., size The City’s weekday time restrictions authorization of a state RCRA program and weight) that are not transporting are contained in City Code section is not the equivalent of ‘authoriz[ation] hazardous material. See IR–20, 394.06(b) and apply to hazardous by another law of the United States’’’). Triborough Bridge and Tunnel The decisions in the Huron Portland Authority Regulations Governing materials being picked up or delivered Cement and National Solid Wastes Transportation of Radioactive Materials in the ‘‘Downtown Area,’’ defined as Management Ass’n cases cited by the and Explosives, 52 FR 24396, 24401 The area, not including the interstate City provide no specific guidance here. (June 30, 1987), corrections, 52 FR highways, bounded by Lake Erie on the In the former, the Supreme Court simply 29468 (Aug. 7, 1987) (a weight North, the Cuyahoga River on the West, held a city smoke abatement ordinance limitation that ‘‘applies only to Interstate 71 and the Inner Belt on the South could be applied to a ship docked at the [hazardous] materials and their and East, and Interstate 90/Route 2 on the North-East to and including the Eastern Port of Detroit. In the latter case, the container rather than to the entire boundary of Burke Lakefront Airport. Seventh Circuit recognized that vehicle and its contents, is not a bona ‘‘Congress has in some specific fide traffic control measure’’). Nor can City Code section 394.06(c).3 At present, instances expressed its intent to § 397.3 ‘‘be read more broadly than to the 7 a.m.–6 p.m. weekday prohibition preempt particular kinds of state and require compliance with State and local local [environmental] legislation,’’ 918 laws, ordinances, and regulations 3 City Code section 394.06(a) separately prohibits the use of City streets (other than interstate F.2d at 673, including the particular relating to the ‘mechanics of driving and highways) when there is ‘‘neither a point of origin State laws on the training, testing and handling of vehicles.’’’ IR–1, 43 FR at nor destination (delivery point)’’ within the City or licensing of hazardous waste site 16962. A local restriction that is within one mile of the City limits, unless the Fire workers that are not part of a plan ‘‘tantamount to a ban on the Chief determines that ‘‘the use of City streets provides the safest and most direct route and the approved by the Secretary of Labor. transportation of [hazardous] materials shortest distance of travel from an interstate The requirement in 49 CFR 397.3 for through or in the local jurisdiction highway to the point of origin or destination.’’ vehicles transporting hazardous cannot be considered to be related to the Interstate highways within the City’s Downtown materials to comply with local laws may mechanics of driving and handling of Area are not allowed to be used for through transportation of placarded amounts of hazardous not be read too broadly. In a 1976 vehicles.’’ Id. materials through Cuyahoga and its adjacent interpretation set forth in Appendix C to The ‘‘ultimate task in any pre-emption counties. See FMCSA’s notice, Transportation of IR–1, 43 FR at 16961, DOT’s General case is to determine whether state Hazardous Materials; Designated Preferred, and
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applies only when placards are required restrictions. Mallinckrodt and RSCC the City’s requirements, and there is no on the vehicle or freight container under stated that timely delivery is very evidence of any obstacle to carrying out 49 CFR part 172, subpart F. City Code important for radiopharmaceuticals, the Federal hazardous materials sections 394.02, 394.05. The proposed which have a short half-life, and that transportation law and the HMR. It changes to Chapter 394 would make these restrictions are not needed asserted that DOT must find some prima these time restrictions (and all other because requirements in the HMR facie evidence of an obstacle in order to requirements in Chapter 394) applicable provide sufficient safety. RSCC noted issue a binding determination of to vehicles that operate solely within that routing requirements for radioactive preemption. the City when they contain hazardous materials were first established in 1981 Time restrictions on the materials for which labels and shipping by RSPA’s rulemaking in docket No. transportation of hazardous material are papers are required by the HMR. HM–164. See 46 FR 5298 (Jan. 19, 1981). a ‘‘subset of routing restrictions The Fire Chief may grant an exception The City emphasized that its weekday generally.’’ IR–3, 46 FR at 18922. When to the weekday time restrictions on a time restrictions apply only to the applied to through traffic, prohibitions showing that a delivery or pick-up ‘‘can Downtown Area, not to the whole City. against travel during certain hours ‘‘may be practicably made’’ only during the It argued that local safety concerns effectively route motor vehicles into restricted times and ‘‘[t]ransportation of justify restricting the presence of other jurisdictions.’’ Id. Alternatively, a the hazardous material is in the public hazardous materials during the most vehicle transporting hazardous material interest.’’ City Code section 394.08(e). congested and crowded times of day. It that arrives during (or shortly prior to) The City stated that it grants two or stated that ‘‘during business hours there the curfew period may have to wait in three exceptions every year, usually for are an extraordinary number of a neighboring jurisdiction for the curfew deliveries of fuel, and that the only pedestrians and a higher population period to end. In either case, the time occasion on which the Fire Chief denied density using street crossings and heavy restriction may increase the overall risks an exception was for lack of traffic in the center of the business inherent in hazardous materials information.4 The City also stated that district.’’ The City submitted an transportation by increasing the overall the carrier may choose its route within affidavit from a representative of the time that those materials are in the City, so long as it complies with the Northeast Ohio Areawide Coordinating transportation and by shifting traffic to requirement in section 394.06(d) to ‘‘use Agency to show that ‘‘traffic density in other jurisdictions ‘‘that may not be interstate highways and designated downtown Cleveland every week day aware of or prepared for a sudden, truck routes to a point as close as and especially during the morning rush possibly permanent, change in traffic possible to the destination * * *.’’ hour is high, and * * * Cleveland has patterns’’ or onto roads that ‘‘may be AWHMT argued that the City’s the highest accident rate of any inadequate, particularly where the weekday time restrictions cause a delay municipality in Cuyahoga County.’’ rerouted hazardous materials traffic is in the transportation of hazardous The City cited the decision in City of diverted to routes that other similar materials, because these restrictions New York v. Ritter, 515 F. Supp 663 commercial traffic normally does not may cause a carrier to make deliveries (S.D.N.Y 1981), aff’d, National Tank use.’’ Id. at 18921. Routing restrictions, of non-hazardous materials outside the Truck Carriers, Inc. v. City of New York, including time limitations, also create City before deliveries of hazardous 677 F.2d (2d. Cir. 1982), as finding ‘‘a the potential for conflicts between materials within the City, or wait legitimate safety interest’’ to uphold adjoining jurisdictions, such as when outside the City until it can enter the rush-hour time restrictions and required routes do not meet or time Downtown Area. AWHMT stated that, requirements for trucks transporting restrictions do not allow a vehicle to be after the 1990 amendments to the hazardous materials to use a circuitous in either jurisdiction. HMTA, ‘‘the designation and restriction route through less heavily populated In a number of rulings through 1990, of routes for the transportation of areas of New York City in going from RSPA found that routing restrictions hazardous material [is] a state New Jersey to Long Island. The City also that prohibit transportation through the responsibility, and that surrounding argued that its weekday time restrictions jurisdiction (even temporarily by means communities need to be consulted.’’ It are similar to the requirement of time limitations) are preempted in the argued that there is no evidence that the considered in IR–3, City of Boston Rules absence of adequate safety justification City consulted with surrounding Governing Transportation of Certain and appropriate coordination with, and Hazardous Materials, 46 FR 18918 (Mar. communities and, therefore, the City concern for the safety of people in, 26, 1981), decision on appeal, 47 FR adjoining jurisdictions. E.g., IR–2, cannot know of the impact of its 18457 (Apr. 29, 1982). Rhode Island Rules and Regulations restrictions on surrounding PUCO stated that it is the State Governing the Transportation of communities. routing agency for Ohio and that it Roadway Express stated that its Liquefied Natural Gas, etc., 44 FR submitted to DOT in 1995 the City’s customers in the Downtown Area must 75566, 75571 (Dec. 20, 1979), decision routing requirements in Chapter 394, delay making shipments in order to on appeal, 45 FR 71881 (Oct. 30, 1980); including the weekday time restrictions comply with the City’s weekday time IR–21, Connecticut Statute and in City Code § 394.06(b).5 PUCO argued Regulations Governing Transportation that State and local routing restrictions Restricted Routes, 65 FR 75771, 75803 (Dec. 4, of Radioactive Materials, 52 FR 37072, 2000). established before November 14, 1994 37075 (Oct. 2, 1987), decision on 4 The City stated that the only transportation of ‘‘are not subject to preemption’’ under appeal, 53 FR 46735, 46738 (Nov. 18, explosives in the Downtown Area is for building 49 U.S.C. 5125(c) and 49 CFR 397.69. 1968); IR–23, 53 FR at 16845–46; IR–32, demolition, and that it has never issued an PUCO also asserted that surrounding 55 FR at 36744. In 1990, Congress exception to its weekday time restrictions for a delivery of explosives. This seems to make clear communities had made no objection to accepted this finding and directed DOT that the City’s Downtown Area weekday time to prescribe standards for State and restrictions in section 394.06(b) apply to explosives, 5 In accordance with 49 CFR 397.73(b), these Indian tribe routing requirements in accordance with the plain language of Chapter routing designations and restrictions have been which, among other matters, must 394, despite other statements in the City’s initial published in the Federal Register, 63 FR 31549, comments that the requirement for a permit in 31571 (June 9, 1998), 65 FR 75771, 75802 (Dec. 4, ‘‘enhance public safety’’ in other Chapter 394 did not apply to a ‘‘transporter of 2000), and they are now posted on FMCSA’s jurisdictions affected by that explosives with an explosives permit.’’ internet web site at
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with officials of those other must ensure that vehicles are operated Downtown Area (but still within the jurisdictions, and must be agreed to by ‘‘on routes minimizing radiological City) presents a lower overall risk than the other affected State or Indian tribe. risk,’’ considering a number of specific travel within the Downtown Area Pub. L. 101–615 section 4, 104 Stat. factors including overall transit time during the restricted time periods. 3251 (Nov. 16, 1990), now codified at 49 and ‘‘the time of day and the day of Mallinckrodt and RSCC both stressed U.S.C. 5112(b)(1)(A), (C), (E). See also week during which transportation will the importance of timely deliveries of FMCSA’s standards at 49 CFR occur.’’ 49 CFR 397.101(a). radiopharmaceuticals. Mallinckrodt 397.71(b)(1), (3), (5).6 As noted above, the specific standards stated that it has a nuclear pharmacy in When time restrictions (or other in subpart C of 49 CFR part 397 must Garfield Heights, Ohio, which serves the routing requirements) apply only to be followed only when establishing or Cleveland metropolitan area. RSCC vehicles picking up or delivering modifying non-radioactive hazardous indicated that it is impractical to apply hazardous materials within the materials routing designations on or for waivers in order to deliver these jurisdiction, different considerations after November 14, 1994. 49 CFR ‘‘extremely time-sensitive’’ materials to exist. RSPA has found that ‘‘pickup and 397.69(a). Because Chapter 394 and the ‘‘downtown Cleveland hospitals like the delivery time restrictions are less likely weekday time restrictions in Section Cleveland Clinic.’’ In IR–16, Tucson to affect other local jurisdictions and are 394.06(b) were adopted in April 1992, City Code Governing Transportation of a more justifiable exercise of local the more general considerations Radioactive Materials, 50 FR 20872 authority over local activities than time discussed in RSPA’s inconsistency (May 20, 1985), RSPA found that the restrictions on through traffic.’’ IR–23, rulings remain applicable to City’s short time for delivery of 53 FR at 16845, discussing IR–3. In IR– weekday time restrictions. Those pharmaceuticals made it impossible to 3, 46 FR at 18922, RSPA stated that a considerations apply to both radioactive comply with a city’s requirement for a time restriction applicable only to pick- and non-radioactive hazardous 48-hour advance notification of the up and delivery operations in the materials, and are consistent with the pick-up or delivery of radioactive Boston downtown area is less likely to standards in 49 CFR subpart D for materials without unreasonable delays. divert traffic to neighboring radioactive materials in less than In that proceeding, Mallinckrodt and jurisdictions highway-route-controlled quantities, so Federal Express stated that ‘‘orders for and also appears to us to be justifiable as that it is unnecessary to resolve whether placarded shipments of ancillary to regulatory authority that the City the standards in subpart D were issued radiopharmaceuticals are usually Council may exercise over land use and local in September 1992, or 11 years earlier, received less than 24 hours before activities in Boston. For example, delivery of for the purposes of 49 U.S.C. 5125(c)(2). delivery is to be made.’’ 50 FR at 20879. explosives to a construction site in the city See also PD–3(F), State of Washington RSPA also quoted the statement of the might be prohibited during certain times of Port of Entry Restrictions, etc., 58 FR the day. Committee on Radiopharmaceuticals 31580 (June 3, 1993), where the Federal and Radionuclides of the Atomic FMCSA’s highway routing standards Highway Administration evaluated a Industrial Forum that the in subparts C and D of 49 CFR part 397 State’s routing restrictions on spent require States and their political short time allowed between the placement of nuclear fuel under the dual compliance an order for material and its delivery to the subdivisions to follow the principles set and obstacle criteria. hospital or university medical school [is] forth in these inconsistency rulings. With respect to hazardous materials typically on the order of 8 to 24 hours * * * Among other matters, there must be generally, there is insufficient evidence For efficient use of short-lived radioactive public participation (including to find that the City’s weekday time materials orders are placed in many cases as consultation with other affected restrictions actually cause delays or patients needs are identified. Little notice jurisdictions) in establishing highway possible adverse effects on neighboring can be given to either the supplier or the routing designations or limitations for jurisdictions. As noted above, traffic carrier as to what materials will be carried or non-radioactive hazardous materials; passing through the City may use the timing of the delivery. routing designations must ensure designated interstate highways at any Id. continuity of movement; there may not time of the day, and no person has Because hospitals most often need be any unreasonable burden on challenged these designations or radiopharmaceuticals delivered in the commerce; and vehicles must have indicated that these vehicles would be morning for patient treatment during the reasonable access to terminals, pick-up unnecessarily delayed by having to day, it is not possible to ‘‘stockpile’’ and delivery locations, and facilities for interrupt their journey or being diverted these materials by having them food, fuel, repairs, rest, and safe havens. to neighboring jurisdictions. For most delivered on weekends or during the 49 CFR 397.71(b). These routing hazardous materials being picked up or overnight 6 p.m.—7 a.m. period when designations must take account of delivered in the Downtown Area, it is the City’s time restrictions are not in several specific factors and may not assumed that schedules can be adjusted effect. In this regard, the City’s ‘‘create unreasonable delays in the to make certain that travel does not take prohibition extends throughout the transportation’’ of hazardous materials. place during the restricted time periods. business day, from 7 a.m. until 6 p.m., 49 CFR 397.71(b)(9)(xi). Routing With one exception, discussed below, and does not provide a period when designations for radioactive materials the comments do not dispute the City’s deliveries may be made in the middle of statement that its waiver process is the day, as New York City did in its 6 Although the Ritter case upheld New York City’s adequate for handling those situations rush-hour curfews considered in the routing requirements for tank trucks carrying when the pick-up or delivery of Ritter case. See 677 F.2d at 272. propane (including time limitations), that case is no hazardous materials can only be One other situation could present a longer relevant because it was decided before the 1990 amendment to the HMTA requiring DOT to practicably made during the prohibited potential problem. If time restrictions adopt the highway routing standards in 49 CFR time period. The comments do not show also existed in the jurisdiction at the 397.71 for States and Indian tribes to follow. that vehicles transporting hazardous other end of the movement (i.e., the Moreover, RSPA has noted that neither the trial or materials are forced to wait to enter the pick-up location for a delivery in the appellate courts in Ritter considered the need for ‘‘coordination with, and concern for the safety of Downtown Area or, if so, that the City City, or the delivery location for a pick- people in adjoining, affected jurisdictions.’’ IR–23, has not adequately considered that up in the City), it might not be 53 FR at 16845. waiting at a location outside the practicable for the shipper and carrier to
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adjust their schedules to comply with proposed changes would also eliminate unsafe and burdensome manner,’’ citing both time restrictions of the City and the the current exception in City Code Chlorine Institute v. California Hwy. other jurisdiction. This possibility has section 387.03 that requirements in Patrol, 29 F.3d 495 (9th Cir. 1994). It not been raised in any comment and, in Chapter 387 do not apply when stated that the City has no basis to argue the absence of more specific information explosives are being transported ‘‘under that explosives carriers appreciate that this situation could exist, it does the jurisdiction of and in conformity escorts and do not consider the City’s not show that the City’s weekday time with regulations adopted by the requirement to be a burden. restrictions are an obstacle to Interstate Commerce Commission or the HMAC stated that having to list routes accomplishing and carrying out Federal United States Coast Guard.’’ 8 and quantities of hazardous materials in hazardous material transportation law RSPA presumes that the City’s advance is impractical and delays and the HMR. purpose for requiring advance shipments. NPCA similarly argued that The City’s weekday time restrictions notification is to either (1) allow it to providing advance notice of the route of in City Code section 394.06(b) cause modify the route specified by the carrier each delivery and pick-up is almost unnecessary delays in the transportation for a shipment that does not require an impossible, and unsafe situations will of radiopharmaceuticals and, with escort, or (2) arrange an escort for a occur if the carrier has to wait until an respect to these materials, these shipment. Although the City stated that approval is received from the City. restrictions are preempted by 49 U.S.C. it issued 16 explosives transportation The City responded that it only 5125(a)(2) because they create an permits in 1997, these appear to be requires advance notice for explosives, obstacle to accomplishing and carrying annual permits allowing deliveries and that a carrier is free to specify its out Federal hazardous material throughout the year. No information route so long as it attempts to use transportation law and the HMR. There was provided as to how many interstate highways and direct routes. It is insufficient information to find that shipments of explosives are delivered stated that its advance notice Federal hazardous material within the City. requirement causes very little delay. transportation law preempts City Code Although the City’s application form While it appears that the Fire Division section 394.06(b) with respect to other appears to require advance notification sometimes allows notification less than hazardous materials. only for ‘‘deliveries,’’ AWHMT 24 hours in advance, according to the C. Explosives Notification, Routing and indicated that the City requires advance City, the transporter typically sends a Escort Requirements notice of both pick-ups and deliveries of fax explosives shipments. AWHMT stated The City’s Application for the two days prior to a delivery to the Fire that the requirement to specify routes Division, of the date, time and place of entry Transportation of Explosives requires within the City is a ‘‘prenotification’’ to the City. The Fire Division and Police the applicant to (1) notify the Fire requirement for each shipment, because Department meet the vehicle at the appointed Prevention Bureau ‘‘24 hours in advance carriers do not always know their routes site, and Fire officials check the bill of of all deliveries,’’ (2) specify the route and cargoes in advance. According to lading, and the condition of the vehicle, tires, 7 the load, and fire extinguishers. Within a half to be taken within the City, and (3) AWHMT, have a police escort ‘‘if more than 250 an hour to forty-five minutes, the vehicle is pounds are transported.’’ The City has shipment prenotification is a field totally on its way to its destination, accompanied by stated that it is not currently requiring occupied by the federal government. To the a police escort. carriers to obtain a permit, but it argued extent that the federal government has The City stated that, because DOT has allowed prenotification to non-federal no regulation for an escort to strongly that it should be able to impose government entities, it has provided that the its prenotification, routing, and escort notification be given to a state, not localities. accompany vehicles carrying requirements on carriers of explosives. explosives, its escort requirement is not If the proposed changes to Chapter AWHMT noted that regulations of the in conflict with the ‘‘dual compliance’’ 387 are adopted, the City would Nuclear Regulatory Commission (NRC) test. It argued that the Commonwealth of eliminate its requirement for require the shipper, not the carrier, to Massachusetts case on State bonding transporters of explosives to obtain a notify the Governor or its designee requirements provided a better permit and make the shipper or before shipments of nuclear waste and framework for applying the ‘‘obstacle’’ recipient of explosives within the City spent fuel. See 10 CFR 71.97. AWHMT test to its escort requirement than the responsible for (1) notifying the Police also argued that the requirement in the Chlorine Institute case. The City Department of the time and route of any HMR for escorts to accompany asserted that neither the ‘‘text and explosives shipment (24 hours in shipments of fissile material, 49 CFR structure’’ of Federal hazardous material 9 advance and immediately upon any 173.457(b)(2), ‘‘shows RSPA’s intent transportation law, nor the HMR, show changes thereafter), (2) requiring the not to require them for transport of other ‘‘an intent on the part of Congress to transporter to comply with the route hazardous materials.’’ It stated that non- preempt escort requirements or specified by the Fire Chief or his Federal requirements for escorts advanced routing notification designee, and (3) cooperating with any interfere with Federal uniformity ‘‘in an requirements.’’ The City also presented escort provided by the Police affidavits by a fireman and policeman 8 Department for either inbound or AWHMT argued that the exception in section which it stated show that the escort and 387.03 is properly read as applying to all outbound shipments. The City’s transportation under DOT’s authority, so that ‘‘the prenotification requirements ‘‘pose City’s requirements are null and void,’’ now that the virtually no burden.’’ The City also 7 City Code section 387.07(d) provides that ‘‘In HMR apply to intrastate, interstate and foreign asserted that its escort requirement ‘‘is the event of any transportation of explosives within commerce. See 49 CFR 171.1. In contrast, the City actually appreciated by many motor the City, the route to be taken shall be designated stated that it applies the requirements in Chapter by the Director of Public Safety or his duly 387 ‘‘to all transportation except that which is vehicle carriers, probably because it authorized representative.’’ The City indicated that exclusively under the jurisdiction of the Federal assists a transporter in arriving at his it requires the carrier to specify a proposed route, government,’’ and that this exception applies ‘‘only destination quickly and without the subject to approval or modification by the Fire to transportation on railroads and interstate hassles of traffic congestion.’’ Department. The provisions of Section 387.07(d) highways.’’ have not been reported to DOT or published in the 9 See also the NRC’s escort requirements in 10 Advance notification requirements Federal Register in accordance with 49 CFR CFR 73.26 and 73.37 for highway shipments of have an inherent potential to delay the 397.73(b). certain radioactive materials. transportation of hazardous materials.
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Coupled with the requirement to meet, 49 FR 46632, 46656, 46658 (Nov. 27, the potential for delays whenever the and perhaps wait for, an escort, delay is 1984). However, State or local carrier has not been advised of the almost inevitable for many shipments requirements for additional or special shipment, or does not have all the within the broad definition of escorts are preempted. IR–18, 52 FR at information required, in advance of the ‘‘explosives.’’ There is also the potential 203 (‘‘the County provision is neither time specified for advance notification. for delay if the carrier must wait for the identical to, nor does it facilitate Moreover, in this case, the advance Fire Marshal to approve its suggested compliance with, the Federal notification requirement creates route or direct that another route be requirement’’); IR–21, 53 FR at 28854. unnecessary delays because it is linked taken. A local ‘‘provision for virtually In the Chlorine Institute case, the to (and part of) the requirement for unfettered discretion whereby the Court of Appeals for the Ninth Circuit escorts. County may change dates, routes, and held that State escort requirements for As the City seems to recognize in its times for radioactive materials vehicles transporting chlorine and proposed changes to Chapter 387, it is transport’’ was found to be preempted oleum are preempted. That court found more appropriate to require the shipper in IR–18, Prince George’s County, MD; that the HMR is not silent on the subject or the recipient of a shipment of Code Section Governing Transportation of escorts. Rather, in ‘‘an area already explosives, rather than the transporter, of Radioactive Materials, 52 FR 200, 203 regulated under the HMR’’ where DOT to provide notice of the time and place (Jan. 2, 1987), decision on appeal, 53 FR has issued specific regulations that it that the shipment will originate or be 28850, 28854 (July 29, 1988). believes are appropriate, other received within the City. The shipper RSPA has noted that ‘‘[a]n individual jurisdictions may not add requirements and recipient are the parties who motor carrier seldom knows much in left out of the HMR. 29 F.3d at 497. In arrange for transportation and are advance of any shipment precisely what that situation, State requirements that usually in a much better position than is being shipped or what route it will exceed the HMR create ‘‘a separate the carrier to provide this information to follow. Furthermore, carriers frequently regulatory system * * * fostering the City. make pick-ups and deliveries enroute.’’ confusion and frustrating Congress’ goal The City’s requirement that a IR–6, Covington (Kentucky) Ordinance of developing a uniform, national transporter provide 24-hour advance Governing Transportation of Hazardous scheme of regulation.’’ Id. at 498, notification of any shipment of Materials, 48 FR 760, 765 (Jan. 6, 1983). quoting from Southern Pac. Transp. Co. explosives, including its specification of Therefore, in many instances, a carrier v. Public Serv. Comm’n of Nevada, 909 its intended route within the City, and will not know 24 hours in advance that F.2d 352, 358 (9th Cir. 1990). Thus, a the requirement for a police escort for it will need to pick up or deliver local requirement on transportation is any shipment of more than 250 pounds explosives within the City. And even if preempted when the Secretary of of explosives cause unnecessary delays the City accepts notice from a carrier Transportation ‘‘has decided that no in the transportation of hazardous less than 24 hours in advance, traffic such regulations should be imposed at materials and are preempted by 49 conditions and other stops may make it all.’’ Ray v. Atlantic Richfield Co., 435 U.S.C. 5125(a)(2) because these impossible for the carrier to know U.S. at 171–72. requirements create an obstacle to exactly when it will arrive at a point When linked to escort requirements accomplishing and carrying out Federal designated by the City Fire Marshal to that go beyond the HMR, advance hazardous material transportation law meet an escort. notification requirements are also and the HMR. For these reasons, Federal regulations preempted. Indeed, on their own, D. Separation Distance Requirements require advance notification to the State advance notification requirements for governor (or his designee), written route both radioactive and non-radioactive The City has different separation plans, and escorts only for shipments of materials shipments have generally been distance requirements depending on irradiated reactor fuel and nuclear found to be preempted as an obstacle to whether vehicles are transporting waste. 10 CFR 71.97, 73.37. The ‘‘long accomplishing and carrying out the explosives (in any amount) or other lead time in planning spent fuel HMR’s requirement that there not be hazardous materials (in an amount that shipments,’’ coupled with the any unnecessary delays in requires placarding). According to the infrequency of such shipments, allows transportation. E.g., IR–6, 48 FR at 764– City, it has never enforced either of sufficient time for the shipper to notify 65; IR–30, City of Oakland, California; these requirements but, if it did, ‘‘the the designated State official and the Nuclear Free Zone Act, 55 FR 9676, most sensible and safest interpretation transporter to pay any required fees. IR– 9682 (Mar. 14, 1990) (‘‘local * * * is to view them as following 17, Illinois Fee on Transportation of requirements for advance notification of distance requirements, so that a driver Spent Nuclear Fuel, 51 FR 20926, 20929 hazardous materials have potential to will not be liable for failure to maintain (June 9, 1986), decision on appeal, 52 delay and redirect traffic and thus are a minimum distance from vehicles that FR 36200 (Sept. 25, 1987). In addition, inconsistent’’); IR–32, 55 FR at 36746 he cannot see.’’ inspections and escorts that are part of (‘‘State and local provisions either City Code section 394.07(b) requires a the Federally required physical authorizing less prenotification or vehicle transporting hazardous protection program do not cause requiring greater prenotification than materials to ‘‘maintain a minimum unnecessary delays in transportation. 51 the HMR, therefore, constitute obstacles distance of at least 300 feet from other FR at 20930; 52 FR at 36203–04. to the accomplishment and execution of vehicles carrying hazardous materials Therefore, when ‘‘Federal and local the objectives of the HMTA and the * * * whether such [other] vehicles are [escort] requirements are identical, and HMR’’). moving or parked.’’ This requirement the same action satisfies both,’’ the local In IR–16, 50 FR at 20878, RSPA stated applies ‘‘regardless of direction of requirement for escorts ‘‘amounts to an that a local requirement for advance travel’’ but not ‘‘when overtaking or adoption of the NRC physical protection notification that applies ‘‘only to passing’’ or ‘‘where the conditions of standards on which the HMR rely’’ and shipments whose origin or destination travel make it impractical’’ to maintain there is no inconsistency. IR–14, is Tucson’’ is not ‘‘an inconsistent this separation. Id. Under the proposed Jefferson County, New York: Local routing rule’’ because, as here, it would changes to Chapter 394, the words Legislative Stipulation Regulating not cause shipments to be routed ‘‘regardless of direction of travel’’ would Radioactive Materials Transportation, around the City. However, there remains be eliminated and vehicles at a
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destination or point of origin would not there is no evidence that they reduce quantity materials, and Class 9 be required to be separated by 300 feet. safety. It also argued that it would not materials. It stated that ‘‘a However, the City would make local be burdensome to truck drivers to radiopharmaceutical delivery truck vehicles subject to Chapter 394 when remember the City’s traffic separation invariably will encounter [trucks they transport hazardous materials for requirements and to ‘‘recognize that a carrying medical waste] every day at which labels and shipping papers are placard exists on another vehicle from Cleveland’s hospitals.’’ RSCC stated that required, so that certain unplacarded a distance of 300 to 500 feet.’’ It stated the 300-foot separation distance vehicles would also be subject to the that other jurisdictions also have these requirement would cause unnecessary 300-foot separation distance types of requirements, and it referred to and unplanned stops, circuitous requirement. the provision in the Ohio Fire Code that driving, and unnecessary delays. It Separately, City Code section ‘‘Vehicles transporting explosive assumed that the City would enforce 387.08(b) provides that ‘‘Where two or materials and traveling in the same this requirement after an accident and more vehicles are transporting direction shall not be driven within 300 stated that the City should rewrite a bad explosives by permit issued hereunder, feet (91440 mm) of each other.’’ Ohio requirement rather than distort it by an interval of at least 500 feet shall be Administrative Code 1301:7–7–30. The unsupported interpretations. maintained between such vehicles.’’ City also stated that it had ‘‘the highest The breadth of the wording of the The City’s proposed revisions to motor vehicle accident rate of all City’s separation distance requirements Chapter 387 would eliminate this municipalities within Cuyahoga and the lack of enforcement present separate 500-foot separation distance County,’’ which justified its use of problems in this case. Although the City requirement for explosives. separation distance requirements ‘‘to stated how it would enforce these The City argued that these distance lower the number of accidents in the requirements, we have no evidence of separation requirements are traffic City.’’ how it actually enforces them, because control regulations that are consistent AWHMT stated that the City’s it has not. Moreover, vehicles with the provisions of 49 CFR 397.3 distance separation requirements will transporting explosives that are not that: result in less safety, rather than more, required to be placarded appear to be Every motor vehicle containing hazardous because a driver’s attention will be subject to the separation distance materials must be driven and parked in diverted if he must look for placards on requirement in City Code section compliance with the laws, ordinances, and other vehicles. It stated that the purpose 387.08(b), and they must maintain an regulations of the jurisdiction in which it is of a placard is to communicate the interval of at least 500 feet from other being operated, unless they are at variance presence of hazardous materials in the vehicles transporting explosives, with specific regulations of the Department event of an incident, rather than for whether the ‘‘other’’ vehicles are of Transportation which are applicable to the traffic control. According to AWHMT, required to be placarded or not. operation of that vehicle and which impose training drivers to know about local Similarly, the proposed changes to a more stringent obligation or restraint. requirements, including variations in Chapter 394 would appear to include The City also stated that its separation other jurisdictions, would impose an certain unplacarded vehicles carrying distance requirements are consistent unreasonable burden on carriers, and hazardous materials within the category with the prohibition in 49 CFR the accident rate data provided by the of those vehicles that must stay 300 feet 397.7(a)(3) against parking a motor City does not support separation apart. vehicle containing Division 1.1, 1.2, or distance requirements. In this respect, the City’s separation 1.3 explosives ‘‘[w]ithin 300 feet of a Roadway Express stated that it is distance requirements differ from the bridge, tunnel, dwelling, or place where unreasonable to expect drivers to scan requirements in the three prior people work, congregate, or assemble traffic for placards and to estimate their inconsistency rulings. IR–3 involved a except for brief periods when the distance.10 It said that, because the requirement to maintain 300 feet necessities of operation require the City’s separation distance requirement between vehicles carrying hazardous vehicle to be parked and make it applies in all directions, it cannot be materials required to be placarded, impracticable to park the vehicle in any met when vehicles meet. ‘‘when traffic conditions allow.’’ 46 FR other place.’’ Mallinckrodt and RSCC also objected at 18923. RSPA acknowledged possible The City referred to three to the distance separation requirements. difficulty recognizing placards at a inconsistency rulings as upholding RSCC interpreted this requirement to distance of 300 feet, especially at night, separation distance requirements. It apply when the other vehicle carrying but Boston’s requirement did not noted that RSPA found both local speed hazardous materials is not required to require separation from unplacarded limits and separation requirements be placarded, such as those materials for vehicles carrying hazardous materials. consistent with the HMR in IR–32 and which placarding is not required below IR–20 and IR–32 involved requirements stated that the same analysis should 1,000 pounds, ORM–D and limited that vehicles transporting certain types apply. It urged RSPA to make the same of hazardous materials must stay a findings that separation distance 10 Roadway Express also alluded to a driver’s specified distance behind other vehicles requirements ‘‘have very limited difficulty in seeing placards on other vehicles traveling in the same direction (whether enforceability’’ when there are because placards are placed low on many vehicles or not carrying hazardous materials). (near the mud flap and below floor level). AWHMT exceptions for vehicles ‘‘overtaking or also assumed that there are no standards on the Because the appeal from IR–32 was passing’’ and ‘‘where the conditions of placement of placards or their visibility. However, dismissed as moot, following the 1990 travel make it impractical to do so,’’ as 49 CFR 172.516 sets forth requirements for the amendments to the HMTA, 57 FR at in IR–3, 46 FR at 18923, and that these visibility and display of placards, including specific 41167–68, RSPA did not specifically provisions that each placard must be securely requirements would not create obvious attached or affixed to the transport vehicle, ‘‘clearly consider the argument raised on appeal hazards or create delays when they visible from the direction it faces,’’ and ‘‘located that a distance separation requirement apply only to traffic traveling in the away from any marking (such as advertising) that fails to promote traffic safety when it same direction and in the same lane, as could substantially reduce its effectiveness,’’ where, applies at all times of the day and in all ‘‘[s]o far as practicable * * * dirt or water is not in IR–20, 52 FR at 24399. directed to it from the wheels of the transport weather and traffic conditions. In its The City stated that, because it has vehicle,’’ and ‘‘free of appurtenances and devices appeal of IR–32, the Chemical Waste never enforced these requirements, such as ladders, pipes, doors, and tarpaulins.’’ Transportation Institute stated that
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‘‘what constitutes a safe stopping Because the City’s separation distance Issued in Washington, D.C. on May 29, distance depends on factors such as requirements in City Code 394.07(b) and 2001. speed, weight of the load carried by the 387.08(b) are not enforced and are Robert A. McGuire, vehicle, traffic, road and weather incapable of being followed by drivers Associate Administrator for Hazardous conditions, * * *’’ This is consistent who lack full understanding of their Materials Safety, Research and Special with the guidelines for maintaining an intended scope and application, these Administration. adequate distance from other traffic, requirements create an obstacle to Julie Anna Cirillo, based on speed and the relative size and accomplishing and carrying out the Acting Deputy Administrator, Federal Motor weight of the vehicles, in the Ohio Federal hazardous material Carrier Safety Administration. Commercial Driver Handbook, p. 2–27 transportation law and the HMR. For [FR Doc. 01–13799 Filed 5–31–01; 8:45 am] (Version 2.0). these reasons, these requirements are BILLING CODE 4910–60–P A driver is trained to vary his distance preempted by 49 U.S.C. 5125(a)(2). from other vehicles based on speed and IV. Ruling traffic conditions. Any driver will have DEPARTMENT OF TRANSPORTATION difficulty maintaining a specified Federal hazardous material National Highway Traffic Safety distance from other vehicles, or other transportation law preempts: Administration vehicles carrying hazardous materials, 1. Cleveland City Code section especially in the absence of a uniform 394.06(b) prohibiting the transportation Innovative Grants To Support requirement. Without specific notice, as of hazardous materials in the Downtown Increased Seat Belt Use Rates speed limit signs might provide, a driver Area between 7 a.m. and 6 p.m., except AGENCY: National Highway Traffic may have difficulty recalling the Saturday and Sunday, preempted with Safety Administration (NHTSA), DOT. requirement that applies to the specific respect to radiopharmaceuticals only. situation, from among the variations There is insufficient information to find ACTION: Re-issuance of announcement of that exist for explosives (500 feet from that this prohibition is preempted with grants to support innovative and other explosives in the City but 300 feet respect to other hazardous materials. effective projects designed to increase seat belt use rates. under the Ohio Fire Code in other parts 2. Cleveland’s uncodified of Ohio), or other hazardous materials requirements for a transporter of SUMMARY: On April 30, 2001, the (300 feet), or when he might be in explosives to notify the Fire Prevention National Highway Traffic Safety Montevallo, Alabama (150 feet). See IR– Bureau 24 hours in advance of any pick- Administration (NHTSA) published an 32, 55 FR at 36744. It is impractical to up or delivery, to specify the route to be announcement of grants to support try to train drivers to cover many taken within the City, and to have a innovative and effective projects different situations, even if the City’s police escort if more than 250 pounds designed to increase seat belt use rates. separation distance requirements apply are transported. After the announcement was published, only when the ‘‘other’’ vehicle is 3. Cleveland City Code sections the agency decided that it contained a placarded (although, by their terms, number of requirements that might be these requirements appear to apply in 387.08(b) and 394.07(b) specifying separation distance requirements for burdensome to the grant applicants. certain situations when the other Accordingly, the announcement vehicle carrying hazardous materials is vehicles transporting explosives or other hazardous materials. published on April 30, 2001 is not required to have placards). cancelled. That announcement has been If the City never actively enforces its V. Petition for Reconsideration/Judicial revised and is being re-issued in its separation distance requirements, Review entirety in this notice. drivers lack the ‘‘reasonable notice’’ that In this notice, NHTSA announces the In accordance with 49 CFR 107.211(a) the City must provide of any local traffic third year of a grant program under and 397.223(a), any person aggrieved by control. Id., 55 FR at 36745. Even with Section 1403 of the Transportation this decision may file a petition for some information that these Equity Act for the 21st Century (TEA– reconsideration within 20 days of requirements exist, a total lack of 21) to provide funding to States for publication of this decision in the enforcement fosters uncertainty as to innovative projects to increase seat belt Federal Register. Any party to this their scope and subjects drivers to use rates. Consistent with last year, the possible arbitrary enforcement actions, proceeding may seek review of this goal of this program is to increase seat as stated by RSCC. Actual enforcement, decision ‘‘in an appropriate district belt use rates across the nation in order even of a separation distance court of the United States * * * not to reduce the deaths, injuries, and requirement that had ‘‘limited later than 60 days after the decision societal costs that result from motor enforceability’’ as in IR–3, would becomes final.’’ 49 U.S.C. 5125(f). vehicle crashes. However, unlike the provide drivers with some more specific This decision will become the final first two years, when funds were understanding of how to comply with decision of RSPA and FMCSA 20 days determined and administered in a the requirement. A requirement that is after publication in the Federal Register process similar to that of a contract, for never actively enforced can be, by its if no petition for reconsideration is filed this third year, selection for these very nature, an obstacle to within that time. The filing of a petition Innovative Grants will be determined accomplishing and carrying out the for reconsideration is not a prerequisite based on established criteria, and the Federal hazardous materials to seeking judicial review of this distribution of funds will be transportation law and the HMR. This decision under 49 U.S.C. 5125(f). administered in a fashion similar to sort of requirement frustrates the If a petition for reconsideration of this other highway safety grants, including framework of the HMR that is designed decision is filed within 20 days of use of the Grant Tracking System (GTS). to achieve the safe transportation of publication in the Federal Register, the This notice solicits applications from hazardous materials through specific action by RSPA and FMCSA on the the States, the District of Columbia and rules for how hazardous materials are to petition for reconsideration will be the Puerto Rico, through their Governors’ be transported and specific prohibitions final agency decision. 49 CFR Representatives for Highway Safety, for against certain practices. 107.211(d), 397.223(d). funds to be made available in fiscal year
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(FY) 2002. Detailed application promote increased seat belt use rates NHTSA acknowledges that more in- instructions are provided in the statewide and submit the plan to the depth evaluation will be necessary to Application Contents and Grant Criteria Secretary of Transportation (by accurately assess which program section of this notice. The Section 157 delegation, to NHTSA). NHTSA was components and which levels of Innovative Grants will be awarded to directed to establish criteria governing intensity are effective in increasing seat States that comply with the criteria set the selection of State plans that are to belt use. The level and scope of effort out in the Application Contents and receive allocations and was further required for such in-depth evaluations Grant Criteria Section of this notice. directed to ‘‘ensure, to the maximum may be beyond the ability, resources or DATES: Applications must be received extent practicable, demographic and perceived need of some States. Thus, in by the appropriate NHTSA Regional geographic diversity and a diversity of this solicitation, States are not required Office on or before August 1, 2001. seat belt use rates among the States to, but may propose a plan for more in- ADDRESSES: Each State must submit its selected for allocations.’’ Finally, depth evaluation, for which additional application to the appropriate NHTSA subject to the availability of funds, funds will be awarded to a limited Regional Office, to the attention of the TEA–21 provides that the amount of number of States. NHTSA will award up Regional Administrator, on or before each grant under a State plan is to be to $4 million to fund the in-depth Wednesday, August 1, 2001. Addresses not less than $100,000. evaluations. Appendix C discusses of the ten Regional Offices are listed in In the following sections, the Agency issues relating to in-depth evaluations. Appendix A. describes the application and award Recent NHTSA surveys show that procedures for receipt of funds under only about 30 percent of the public FOR FURTHER INFORMATION CONTACT: this provision, including requirements across the nation are aware of national, Questions relating to this grant program related to the contents of a State’s plan state, or community efforts to increase should be directed to Philip Gulak, for innovative projects and the criteria seat belt use. However, States which Occupant Protection Division (NTS–12), the agency will use to determine have recently experienced significant Office of Traffic Injury Control whether a State will receive an award. increases in seat belt usage and have Programs, NHTSA, 400 Seventh Street, To assist the States in formulating plans evaluated their efforts (e.g., Michigan S.W., Room 5118, Washington, DC that meet these criteria, we have and South Carolina), have shown that 20590, by e-mail at provided (in Appendix B) a discussion more than 70 percent of the public were [email protected], or by phone at of recent strategies which have been aware of the program efforts (including (202) 366–2725. For legal issues, contact effective in increasing seat belt use and law changes) which contributed to such Ms. Heidi L. Coleman, Office of Chief the ways in which States might meet the changes. These evaluations suggest that Counsel, NCC–30, NHTSA, 400 Seventh criteria for an award. Clearly, efforts the lack of public awareness may be a Street, S.W., Room 5118, Washington, undertaken over the past few years have major reason why usage rates in many DC 20590, by phone at (202) 366–1834. not resulted in major increases in seat States have not been increasing. In Interested applicants are advised that no belt usage rates in several States. In States like Georgia, Maryland, separate application package exists some cases, it appears that States have Oklahoma, Michigan, Alabama, and beyond the contents of this reached plateaus, beyond which New Jersey, recent primary law announcement. additional increases will be difficult to legislation has been a key factor in SUPPLEMENTARY INFORMATION: achieve. For States with usage rates increasing public awareness. In other lower than 70 percent, the question States, like New York, North Carolina Background remains as to why past efforts have not and South Carolina, enforcement efforts The Transportation Equity Act for the been more effective in increasing usage. were publicized to a sufficient degree to 21st Century (TEA–21), Pub. L. 105– For States with usage rates of 70 percent result in a high level of public 178, was signed into law on June 9, or above, a different problem exists. awareness. 1998. Section 1403 of TEA–21 Here, additional gains will be relatively Objective of This Grant Program contained a safety incentive grant more difficult and will require more program regarding seat belt usage rates powerful interventions than have been The objective of this grant program is in the States. Under this program, funds used in the past. to increase State seat belt use rates, for are allocated each fiscal year from 1999 When usage rates do not increase both adults and children, by supporting until 2003 to States that exceed the following the implementation of a seat the implementation of innovative national average seat belt use rate or that belt program, it is difficult for a State to projects that build upon strategies improve their State seat belt use rate, determine if the lack of impact is the known to be effective in increasing seat based on certain required result of strategies which have little belt use rates. Because one of the best determinations and findings. Section potential for change or if it is the result ways to ensure that children develop 1403 provided that, beginning in FY of strategies that have not been the habit of buckling up is for parents 2000, any funds remaining unallocated implemented with sufficient strength to to properly restrain them in child safety in a fiscal year after the determinations realize their potential. Objective seats, efforts to increase the use of child and findings related to seat belt use evaluations that measure both public safety seats, in addition to seat belts, rates have been made are to be used to awareness and changes in seat belt may be included among the innovative ‘‘make allocations to States to carry out usage are essential for a State to efforts in a State’s plan. However, efforts innovative projects to promote determine which programs or program to increase seat belt use rates must increased seat belt use rates.’’ Today’s components are having an impact, and remain the focus of the State’s plan. (For notice solicits applications for funds to provide an opportunity to enhance a discussion of Strategies that have that will become available in FY 2002 program strategies. Thus, all States proven effective in increasing seat belt under this provision. receiving grants are required to conduct use, see Appendix B.) TEA–21 imposes several requirements at least a basic evaluation of the impact To be considered for an award under under the innovative projects funding of their programs on public awareness this program in FY 2002, the State’s provision. Specifically, to be eligible to and seat belt use. An adequate plan for innovative project plan must be based receive an allocation, a State must evaluation must be submitted as part of on a core component of highly visible develop a plan for innovative projects to the State’s application. However, enforcement of its seat belt use law or
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on a non-enforcement approach that has must be stopped for another offense broad geographical areas (e.g., significant and documented potential before being cited for failure to buckle statewide, in major metropolitan for increasing the seat belt use rate up, innovation may be demonstrated by areas, and/or in rural areas of the statewide. If a State proposes a non- integrating the enforcement of the seat State); enforcement approach, the application belt law with enforcement of other —Initiating or expanding enforcement must include an acceptable, preferably traffic safety laws (e.g., impaired driving of other traffic laws (e.g., impaired research-based, rationale describing its or speed limit). Many opportunities for driving laws) as a means for potential for impact. The application innovation exist, regardless of the implementing highly visible also must describe a media program State’s current seat belt use rate or its enforcement of seat belt use laws. designed to make the public aware of ongoing efforts to increase it. Self-Evaluations of Programs, the proposed intervention. In addition, Specific examples of various Management and Resources the State’s proposed efforts must be innovative activities that can be used in statewide. If a State is already pursuing support of a core component of Meaningful and timely self- a significant and visible enforcement enforcement include: evaluations of each State’s innovative programs, management, and associated effort, the innovative aspects of the plan —Expanding participation in the semi- must detail components that support, resources are essential to improving the annual national seat belt enforcement effectiveness of programs supported by expand, complement, and evaluate the mobilizations (i.e., Operation ABC existing enforcement effort. These this grant program. On an annual basis, conducted in May and November); grantees and NHTSA will provide a essential and coordinated elements of —Implementing efforts to train, the project plan have been effective in complete description of the program motivate, and recognize law activities that were carried out increasing seat belt use. enforcement officers for participation States submitting a proposal designed (particularly enforcement, paid media in the program; to increase seat belt use in only a and enforcement-related messaging) and —Implementing a training or orientation limited number of jurisdictions, one that of the effectiveness (or lack of program for prosecutors and judges to lacks a strong enforcement or credible effectiveness) of its overall program in make them aware of the program and non-enforcement effort, or one that does creating public awareness and in of the importance of consistently not include an evaluation component increasing seat belt use. States may prosecuting and adjudicating designed to measure both public apply and qualify for additional funds, occupant protection law violations; awareness and changes in seat belt which can be used to conduct more in- usage will be rejected in the evaluation —Mounting a highly visible program to depth evaluations in order to better process. implement newly enacted legislation determine the impact of the overall A State may demonstrate innovation that upgrades the State’s seat belt or program or the contribution of specific in its enforcement efforts in a number of child passenger safety law; program elements (e.g., individual ways. If a State is not currently engaged —Initiating or expanding public enforcement waves, paid media, earned in any form of highly visible information and education programs media and incentives). Such in-depth enforcement of its occupant protection designed to complement newly evaluation would be desirable for any laws, implementation of such a upgraded legislation and/or enhanced State proposing the use of paid media in program, in and of itself, would be enforcement efforts; its program, particularly if $100,000 or innovative to that State. Finding new —Strengthening public information more is to be spent for that purpose. and more effective ways to make the efforts by adding a paid advertising component to support earned (i.e., Availability of Funds and Period of public aware of the enforcement effort Support (e.g., a paid media effort) would news) and public service media demonstrate innovation. Additionally, efforts; The efforts solicited in this innovation may be demonstrated by —Adopting a more focused message that announcement will be supported using new methods for gaining essential brings attention to the ongoing through the award of grants to a number support (e.g., of the Governor or other enforcement effort (e.g., adopting a of States, on the basis of the Grant key officials); by establishing statewide ‘‘Click It or Ticket’’ campaign Criteria identified subsequently in this coordination groups to plan, implement message); notice. The number of grants awarded and monitor the enforcement, media, —Establishing new partnerships and will depend upon the number of outreach, or evaluation efforts; by coalitions to support ongoing applications that meet the requirements implementing statewide enforcement implementation of legislation or of this notice. The amount of the awards training or orientation programs; or by enforcement efforts (e.g., health care (for other than the optional in-depth proposing comprehensive ways to and medical groups, partnerships evaluation activities) available in FY determine the impact of the program on with diverse groups, businesses and 2002, will be based upon the formula diverse and low use groups. For States employers); described below. However, the that already are engaged in substantial —Initiating or expanding public minimum amount of an individual grant enforcement efforts, innovation can be awareness and outreach efforts to award to a State will be no less than demonstrated by expanding these reach specific populations that have $400,000, subject to the availability of efforts. This might include finding more low seat belt use (e.g., part-time users; funds. The $400,000 minimum has been effective ways to reach rural, urban, or parents of children 0–15 years old; derived based on experience gained diverse groups with strategies designed minority populations, including over the first two years of this to address low seat belt use among those Native Americans; rural communities; Innovative Grant program, and reflects groups. States that have upgraded their males 15–24 years old; occupants of NHTSA’s best judgment about the laws recently to allow for primary/ light trucks and sport utility vehicles, amount of resources needed to standard enforcement may wish to etc.); implement effective statewide seat belt initiate innovative ways to implement, —Initiating or expanding standardized campaigns that include enforcement, enforce, and publicize their newly child passenger safety training of media and a basic level of evaluation. enacted law. For States with secondary police officers and/or child passenger The amounts to be awarded for in-depth enforcement laws, where a motorist safety checks and/or clinics across evaluation activities will be determined
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based on each applicant’s budget, as applications for additional funds will be Application Contents and Grant described below. reviewed and approved or disapproved Criteria In FY 2001, forty-three Innovative on the basis of the scientific soundness To be eligible for a grant under the Grants were awarded and grants ranged of the approach to evaluation and on the section 157 (b) statute, a State must from $204,000 to $2.9 million. At this reasonableness of the proposed budget include a description and/or time, neither the exact amount of funds for the in-depth evaluation. Please note documentation that all of the following available nor the number of qualifying that, if a State’s request for additional elements are included, and will be State applications can be determined. funds for in-depth evaluation is implemented, as part of the State’s There is no assurance that the number rejected, the State may still qualify for section 157 (b) grant program. This year, of grant awards in FY 2002 will be the a grant, provided that an acceptable each State’s application must include same or similar to the number of awards the following information. in FY 2000 or FY 2001, nor is there any basic evaluation plan is included in the assurance that those States that received application. Final grant amounts will be 1. Introduction determined so that all available funds awards in FY 2000 and FY 2001 will A brief description of the State’s will be awarded. Subject to the receive awards in FY 2002. There is no geographic and demographic population availability of funds, NHTSA estimates cost-sharing requirement under this distribution, and any other unique program. The planned period for grant that the award of section 157 Innovative characteristics (e.g., how the seat belt activity under this program will be a Grants for FY 2002 will occur during use rate varies within the State by total of 15 months, with 12 months of November 2001. vehicle type and by ethnic populations) plan implementation, and three months Allowable Uses of Federal Funds that are relevant to the State’s plan to for evaluation and preparation of the increase seat belt use. The introduction annual report. Any funds remaining at In FY 2002, the section 157 should also include a problem the end of that period can be carried Innovative Grants will be administered identification statement that describes forward to the next year. in a fashion similar to other highway the State’s usage rates. In the past two years, some States safety grants. Funds will be tracked have expressed concern about the time 2. Certifications through the GTS. Funds provided to a taken to evaluate the proposals and State under this grant program shall be A signed statement by the State that: arrive at award decisions. This year’s (i) It will use the funds awarded under used to carry out the activities described proposals will be reviewed on the basis this grant program exclusively to of whether or not the State’s application in the State’s application for which the implement a statewide seat belt program complies with all of the required Grant grant is awarded. In addition, allowable in accordance with the requirements of Criteria specified in this Federal uses of Federal funds shall be governed Section 157(b) of P.L. 105–178 (TEA– Register notice. Only applicants who by the relevant allowable cost section 21); (ii) It will administer the funds in comply with all of the required and cost principles referenced in 49 accordance with 49 CFR Part 18 and elements will be considered for award. CFR Part 18—Department of OMB Circular A–87; (iii) It will provide Once it is determined by the evaluation Transportation Uniform Administrative to the NHTSA Regional Administrator committee that an applicant has met all Requirements for Grants and no later than 15 months after the grant of the criteria and the State has satisfied Cooperative Agreements to State and award a report of activities carried out any additional clarification questions Local Governments. with grant funds and accomplishments about the proposal, a State will qualify to date; and (iv) The State will comply for an award. The dollar amount of Eligibility Requirements with all applicable laws and regulations, these awards (not including funds for Only the 50 States, the District of financial and programmatic in-depth evaluation) will be based on Columbia and Puerto Rico, through their requirements. the same formula that applies to the annual award for Section 402 funds (i.e., Governors’ Representatives for Highway 3. Program Elements 75% based on population and 25% on Safety, will be considered eligible to (a) Seat Belt Use Goals—Describe the roadway miles), subject to adjustments receive funding under this grant State’s current goal for seat belt use and needed to ensure that: (1) Each program. its intent to increase this goal based on qualifying State is awarded at least Application Procedures this application. $400,000; and (2) up to $4 million will (b) Strategies to Increase Seat Belt be used to fund in-depth evaluations. Each applicant must submit one Use—Describe the State’s plan for Appendix D shows the estimated original and two copies of the increasing seat belt use statewide by amount that would be awarded to each application package to the appropriate choosing one or more of the following State, not including funds for in-depth NHTSA Regional Office (see Appendix strategies: evaluation, based on current projections A) to the attention of the Regional (1) Conduct two or more high- of available funds for FY 2002, Administrator. visibility seat belt enforcement assuming that all fifty-two eligible campaigns, which include at least 7 jurisdictions apply and qualify for an Applications must be typed on one days of aggressive enforcement during award, and assuming that a total of $4 side of the page only and adhere to the each campaign and which should be million is used to fund in-depth requirements of the Application preceded and accompanied by a highly evaluations. Contents and Grant Criteria Section visible media campaign. These Any State that qualifies for a grant below. Appendix E provides a checklist campaigns should complement and and is interested in receiving additional to facilitate the preparation of the support the BUA/Operation ABC funds to support an in-depth evaluation proposals. Only application packages National Mobilizations (conducted in may apply for such funds by including submitted by a State’s Governor’s May and November) to the maximum in its application detailed information Representative for Highway Safety and extent possible; specified below under the heading received in the appropriate Regional (2) Conduct continuous high-visibility Applications for Additional Funds to Office on or before August 1, 2001, will seat belt enforcement year round (i.e., 7 Conduct an In-depth Evaluation. These be considered. days week/24 hours per day model); or
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(3) Implement a non-enforcement 4. Evaluation Elements budget for a program including only a program that has the potential to reach In its application, the State must basic evaluation. At a minimum, this the safety belt use goals as stated above describe how, where and when it will optional in-depth evaluation plan must in Program Element 3a. If a State selects conduct a basic evaluation of the include measurement of the impact of this option, it must provide an activities supported by this grant. It the program on public awareness and on acceptable (preferably research-based) must also include a description of how seat belt use on at least three occasions, rationale for the proposed approach the evaluation effort will be as the program progresses through its 12 (e.g., a summary of evidence of implemented and managed. month period of performance. A more effectiveness), regarding the potential of The basic evaluation must, at a complete evaluation capable of the non-enforcement program to minimum, include at least one estimating the impact of specific increase the State’s seat belt use rate. statewide public awareness survey, in program components should measure Strategies could involve (but are not addition to the State’s annual public awareness and seat belt use at limited to) new and innovative observational survey of statewide seat various phases of multi-phased messages for high risk groups, new belt use. programs. Such an approach would be delivery mechanisms for seat belt NHTSA recognizes that many States essential for any State proposing to programs, new implementation already have comprehensive efforts include a significant paid media partners, or new or unusual approaches underway to evaluate their total component in a multi-wave program to seat belt enforcement. States opting to occupant protection programs. NHTSA strategy. States may submit more than take a non-enforcement approach encourages the State to integrate the one in-depth evaluation plan, with a should lay out an acceptable rational evaluation of this program with those budget for each alternative plan. foundation for why they believe that the broader efforts. NHTSA is prepared to However, no more than one in-depth approach will work, including a offer technical assistance for evaluation, evaluation plan will be funded for any detailed problem identification including providing survey protocols one State. Appendix C outlines some component. Research-based approaches and instruments to any State upon issues relevant to in-depth evaluation. are preferred. request and, to the extent possible, data Interested States are encouraged to analysis support. adapt these ideas, evaluation tools and (c) Statewide Program—If the State guidelines to their own unique proposes an enforcement-based strategy 5. Budget for the Innovative Program programs and situations. to increase seat belt use, the application With Basic Evaluation: must describe/demonstrate a Reporting Requirements and commitment from the State Patrol/ Each State’s application must include Deliverables Police (if any), and local law a budget totaling the amount specified Each successful applicant will be enforcement agencies that must serve for that State in Appendix D. A budget responsible for providing the following the majority of the population, to that exceeds the specified amount for a reports: participate actively in highly visible seat program with only basic evaluation will belt enforcement efforts consisting of not be accepted. The budget shall Quarterly Reports—The quarterly checkpoints, saturation patrols or other include the following categories: reports should include a summary of enforcement operations. For example, a. Strategies to Increase Seat Belt enforcement and other activities and describe the State’s preliminary Use—Estimate the funds devoted to the accomplishments for the preceding enforcement plan, existing enforcement proposed strategy (e.g., sub-grants to law period, significant problems participants representing State and local enforcement agencies, mini-grants, encountered or anticipated, a brief enforcement agencies, or letters of consultants or other strategies). itemization of expenditures made commitment. If the State proposes a b. Personnel—Include the estimated during this 3 month time period, and non-enforcement strategy to increase total cost for personnel. proposed activities for the upcoming c. Public Information and seat belt use, the application must reporting period. Please note: Many Education—Estimate the funds devoted describe/demonstrate a commitment to States will be continuing to spend funds to each key element of the PI&E implement the strategy in communities awarded during the first two years of component, which may or may not serving the majority of the population. this Section 157 Innovative Grant include the following: For example, describe the State’s program after these third year funds are preliminary implementation plan, —Public relations consultants; awarded. NHTSA does not intend nor existing communities participating in —Campaign events; desire that States submit separate the non-enforcement strategy, or letters —Paid media; Quarterly Reports for the various of commitment. —Materials and incentives; and funding years. Activities carried out —Other PI&E costs. during a reporting period under all three (d) Personnel—Describe management d. Basic Evaluation—Include the years of funding should be documented and staffing adequate to implement the estimated cost for conducting a basic in the same report. However, the State Strategies to Increase Seat Belt Use, that evaluation (i.e., at least one should include a tabulation of how includes planning and coordination of measurement of statewide public much funds were expended during the enforcement, media/public information awareness of the program during the reporting period from each year. Also, and evaluation. period of performance). during the first two years, a number of (e) Public Information and Education States modified their grants to change Strategy—Describe the State’s plan for a Applications for Additional Funds To from Quarterly to Monthly reporting. statewide public information and Conduct an In-Depth Evaluation Those States should continue to submit education (PI&E) strategy to focus public A State wishing to apply for Monthly Reports during the third year, attention on the enforcement (or other additional funds to conduct a more in- at least until all first year and second proposed) effort. A combination of paid, depth evaluation of its grant activities year funds have been spent. Any public service and earned media may be must prepare a more detailed evaluation decisions and actions required in the considered as meeting this requirement plan and budget and submit this plan upcoming program period should be for the overall PI&E strategy. and budget along with the plan and included in the report.
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Final Report—A Final Report that REGION VII (IA, KS, MO, NE), 901 Locust Grant program greatly increases the potential includes a summary of the impact of the Street, Room 466, Kansas City, MO 64106 effectiveness of the national enforcement year-long program. It should include a REGION VIII (CO, MT, ND, SD, UT, WY), 555 mobilizations and the overall Buckle Up complete description of the innovative Zang Street, Room 430, Lakewood, CO America program. 80228 Since 1999, there have been several notable activities conducted, including the REGION IX (AZ, CA, HI, NV), 201 Mission successes, in which large States, such as involvement of partners; overall Street, Suite 2230, San Francisco, CA Michigan and New York, have increased seat program implementation; evaluation 94105 belt usage significantly. In Michigan, the methodology and findings from the REGION X (AK, ID, OR, WA), 3140 Jackson increases resulted from a combination of program evaluation, including all Federal Building, 915 Second Avenue, enacting a primary seat belt usage law and measurements of public awareness and Seattle, WA 98174 implementing a highly visible program to seat belt use. These measurements must enforce that law. In New York, which already Appendix B—Strategies That Have had a primary seat belt law, significant include at least one measure of Proven Effective in Increasing Seat Belt increases in seat belt usage resulted from a statewide public awareness and the Use highly visible statewide enforcement measure of statewide seat belt use. In program, funded in part by the AB&SBSC terms of information transfer, it is In previous years, Federal Register notices and coordinated by the New York State important to know what worked and for Section 157 Innovative Grants provided a Police. Maryland enacted a primary seat belt history of programs that have been law and, following a two month Chiefs’ what did not work, under what documented to increase seat belt usage in the circumstances, and what can be done to Challenge enforcement program, experienced United States and Canada over the past two a major increase in seat belt use. Oklahoma avoid potential problems in future decades (for copies of those Federal Register enacted a primary seat belt law and projects. The grantee shall submit three notices, contact the person listed below). In experienced a modest increase in seat belt copies of the Final Report to the the summary of the history of seat belt usage. Later, a paid media program resulted Regional Office within fifteen months programs, the Agency explained that nearly in an additional increase. Florida, which has following grant award. every example of significant increases in introduced but failed to enact primary seat statewide usage rates since 1984 resulted belt legislation, has enhanced its statewide Application Review Procedures from: (a) Enactment and implementation of a seat belt enforcement program and its use of State seat belt usage law; (b) a legislative law enforcement liaisons (LELs). As a result, All applications will be reviewed to upgrade from a secondary to a primary/ Florida recently experienced a five ensure that the application contains all standard enforcement law; or (c) a highly percentage point increase in usage statewide. of the information required by the visible effort to enforce seat belt laws. These examples represent some of the most Application Contents and Grant Criteria The intent of the section 157 Innovative significant recent increases in usage in the section of the Federal Register notice. Grant legislation was to provide support for States and they represent a mixture of private innovative programs that would be effective This evaluation process may include sector, Section 402, 405, 2003(b) and Section in increasing seat belt usage rates in the 157 Incentive and Innovative Grants funded submission of technical or program States. Since all States but one already have efforts. questions to the applicants, to enacted seat belt use laws, and since the One of the clearest examples of a fully- determine eligibility. Once it has been intent of this legislation was not to support implemented, innovative and effective determined which applicants have met lobbying efforts to obtain primary statewide program is the South Carolina the grant criteria, NHTSA will enforcement laws, the focus of this grant ‘‘Click It or Ticket’’ program, implemented in determine the final award amounts program has been on innovative and effective November 2000. The term ‘‘fully based on the amount of remaining funds ways to develop, implement, support, and implemented’’ refers to the fact that the evaluate highly visible enforcement from the Section 157 Incentive Grant combination of enforcement and media programs. efforts was sufficient to make 75–80 percent program, the formula as described under Again, aside from the implementation of of the public aware of the program. The the Availability of Funds and Period of seat belt use laws, these programs are the South Carolina program included several Support Section and the budgets for only efforts that have consistently been innovative and effective components, approved in-depth evaluation plans. It shown to be effective in increasing seat belt including statewide management of more is anticipated that awards will be made usage rates statewide (e.g., as in the national than 3,000 enforcement events (i.e., in November 2001. 70% by ’92 program and in specific statewide checkpoints) over a two-week period, use of efforts undertaken in North Carolina, an explicit enforcement message (i.e., Click It Marilena Amoni, Georgia, Maryland, New York, Michigan, and or Ticket) delivered by means of a Acting Associate Administrator for Traffic several other States). These documented combination of earned and paid media, full Safety Programs. successes generally have involved Special coordination with the Operation ABC Traffic Enforcement Programs (STEPs), in mobilization periods, a diversity outreach Appendix A—NHTSA Regional Offices which waves of enforcement and media are program that included reaching African carefully scheduled to gain maximum public Americans via churches and schools to make REGION I (CT, MA, ME, NH, RI, VT), Volpe awareness. The potential effectiveness of them aware of the enforcement effort, and a National Transportation Systems Center 55 these STEP programs recently has been comprehensive evaluation program, which Broadway, Kendall Square, Code 903, enhanced as a result of the ability of States included measurement of both the public Cambridge, MA 02142 to use paid media, in addition to their use awareness of the program and changes in REGION II (NJ, NY, PR), 222 Mamaroneck of news stories and public service observed seat belt usage at each phase of the Avenue, Suite 204, White Plains, NY 10605 announcements, to increase public awareness program (e.g., during the kickoff and news REGION III (DE, DC, MD, PA, VA, WV), 10 of the enforcement efforts. Their potential for media phase, the paid media phase and the South Howard Street, Suite 4000, success has been increased also by the enforcement phase), as well as before and Baltimore, MD 21201 national enforcement mobilizations (i.e., after the program was implemented. As a REGION IV (AL, FL, GA, KY, MS, NC, SC, Operation ABC) conducted twice annually by result of this effort, South Carolina was able TN), Atlanta Federal Center, 61 Forsyth the private-sector funded Air Bag & Seat Belt to document a nine percentage point increase Street, SW., Suite 17T30, Atlanta, GA Safety Campaign (AB&SBSC), in cooperation in seat belt usage statewide. Further, it was 30303 with NHTSA. These mobilizations involve able to show that the paid media effort REGION V (IL, IN, MI, MN, OH, WI), 19900 extensive efforts to contact and obtain the clearly contributed significantly to public Governors Drive, Suite 201, Olympia participation of State and local law awareness and changes in seat belt usage. Fields, IL 60461 enforcement agencies in all of the States and The State was able to document the extent to REGION VI (AR, LA, NM, OK, TX), 819 to initiate focused media efforts in major which groups with traditionally lower seat Taylor Street, Room 8A38, Fort Worth, TX markets to make the public aware of the belt usage rates (e.g., male, rural, and African 76102–6177 enforcement mobilizations. This Innovative American motorists) were impacted.
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More than a dozen States are using Section Appendix C—Guidelines Relating to at motor vehicle licensing centers, or a 157 Innovative Grant funds, each in slightly Proposed In-Depth Evaluation combination of the two. Motorist surveys are different ways, to fully implement and generally less expensive than telephone evaluate similar STEP programs during the The fundamental objectives for in-depth surveys but they are also less representative May 2001 mobilization period. These States evaluation are to accurately measure of the entire state. NHTSA has developed established statewide coordinating shoulder belt use by drivers and front seat both a protocol and a survey instrument for outboard passengers in passenger motor committees for enforcement, media, outreach each type of awareness and attitude survey. vehicles and to measure public awareness of and evaluation efforts; made selective use of NHTSA will, upon request, provide these paid media efforts; used unambiguous the intervention program at various stages throughout the program. Many States may instruments to any State wishing to use them. enforcement messages; found innovative The State may propose alternative ways to reach high risk groups such as young also wish to determine the public’s attitude strategies for measuring seat belt use or males and occupants of light trucks to make toward the program as it progresses through public awareness, if it feels that such them aware of the planned enforcement its various phases. strategies would adequately meet the activity; and implemented comprehensive Nearly every State has a seat belt evaluation efforts, similar to those used in observational survey protocol that conforms requirements of a scientific evaluation. the South Carolina program, to measure to NHTSA’s ‘‘Uniform Criteria for State NHTSA anticipates that most applicants impact at each phase of the program. This Observational Surveys of Seat Belt Use,’’ for grants in FY 2002 will submit program evaluation model consisted of statewide published in the Federal Register on strategies in which the core intervention (e.g., observational and telephone surveys Tuesday, March 14, 2000. That protocol intensified enforcement) is applied in several conducted before and after the program, as provides a useful foundation for designing distinct phases over the course of the year. well as mini-observational surveys and the observational survey component of an in- For example, on two or more occasions motorist surveys during each phase of the depth evaluation. Perhaps the most rigorous during the 12-month period of performance, program. NHTSA will provide, upon request, option would be for the State to conduct its a State would conduct an enforcement wave, protocols and templates for both the full, official statewide survey each time a including a kickoff or earned media phase telephone surveys and the motorist surveys, measurement of seat belt use is taken. followed by the enforcement phase. In some as well as descriptions of how these surveys However, this would likely be far too States, it is anticipated that there will also be are being used in conjunction with the State’s expensive for most States to do. An a paid media phase, usually implemented approved observational surveys to evaluate acceptable alternative would be to conduct between the earned media and enforcement Section 157 Innovative Grant program efforts. mini-surveys for some or all of the phases. At a minimum, an in-depth Interested States should contact Philip Gulak, measurements of seat belt use throughout the evaluation of a total program would measure Occupant Protection Division (NTS–12), program. A mini-survey consists of seat belt use and public awareness (and Office of Traffic Injury Control Programs, observations taken at a sub-sample of the attitudes) on at least three occasions, sites employed in the full, official statewide NHTSA, 400 7th Street, S.W., Room 5118, including before the first intervention or survey. The sub-sample of sites should be Washington, DC 20590, by e-mail at wave, midway through the 12-month selected in a way that provides coverage of [email protected], or by phone at (202) performance period, and after the last important segments of the State (e.g., rural 366–2725, for this information. intervention or wave. Such a design would and urban, racial and ethnic diversity), as The dramatic recent successes in the above not permit the State to determine how much well as populations or geographical areas mentioned States add further credibility to a particular component or set of components NHTSA’ position that highly visible targeted by the intervention. This same sub- of a wave (i.e., the earned media, the paid enforcement is an important foundation upon sample of sites should be used for each mini- media or the enforcement) contributed to which any effective program funded under survey and observations should be conducted public awareness or seat belt use, but it Section 157 should be based. A recent review following specified procedures, which are by an independent Task Force supported by the same each time the mini-survey is would measure the contribution of the the Centers for Disease Control and administered. NHTSA has used such mini- program as a whole. And, such an approach Prevention provides even more credibility for surveys in past evaluations and will, upon would be superior to the basic evaluation the effectiveness of high visibility request, provide technical assistance to States that is required for this grant program, (i.e., enforcement efforts (as well as for primary in selecting appropriate sub-samples. where only one seat belt use and public seat belt laws). The recent examples of States However, it is ultimately up to the States to awareness measurement is taken over the that have ‘‘fully-implemented’’ enforcement, determine how many and which sites should course of a year). A more complete conducted public information efforts be used for the mini-surveys. The value of evaluation design would apply multiple designed to reach 75–80 percent of the using a sub-sample of the State’s official measurements of seat belt use and public populace, and selectively used paid media to survey for such measurements is that this awareness during each unique phase of each make the public aware of the enforcement sub-sample will continue to be part of the wave, as well as before and after each wave. activity are very encouraging. Also annual surveys and, thus, seat belt use at In this way, the contributions of at least some encouraging are the recent efforts in some these same sites can be tracked over time. of the individual components could be States to develop comprehensive evaluation To measure public awareness (and assessed. This would be extremely important efforts, which measure changes in both attitudes), NHTSA recommends using either for a State employing a paid media public awareness and seat belt use at various telephone surveys (statewide, or for targeted component. Such an approach would result stages of the program. populations) or motorist surveys conducted in a survey schedule as follows:
Pre-wave Earned media Paid media Enforcement Post-wave
Surveys Surveys Surveys Surveys Surveys
Such a design would require considerably comprehensive approach designed to Appendix D—FY2002 State Estimates more effort and resources, but it also would measure change during specific phases of the for Section 157 Innovative Awards* enable the State to estimate how much program. States may also propose approaches selected components of its program to in-depth evaluation that differ from those State FY 2002 contributed to changes in public awareness described in this Appendix. In addition, estimates and seat belt use. States may submit two or more alternative NHTSA will carefully consider all plans for in-depth evaluation, with a Alabama ...... $735,000 proposed approaches to more in-depth corresponding budget for each. However, no Alaska ...... 400,000 evaluation, ranging from measurements taken more than one in-depth evaluation plan will Arizona ...... 585,000 at three points during the year to a more be funded for any one State. Arkansas ...... 535,000
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FY 2002 FY 2002 FY 2002 State estimates State estimates State estimates
California ...... 4,045,000 Michigan ...... 1,440,000 South Carolina ...... 590,000 Colorado ...... 620,000 Minnesota ...... 870,000 South Dakota ...... 400,000 Connecticut ...... 450,000 Mississippi ...... 500,000 Tennessee ...... 815,000 Delaware ...... 400,000 Missouri ...... 940,000 Texas ...... 2,835,000 District of Columbia ...... 400,000 Montana ...... 400,000 Utah ...... 400,000 Florida ...... 1,870,000 Nebraska ...... 430,000 Vermont ...... 400,000 Georgia ...... 1,080,000 Nevada ...... 400,000 Virginia ...... 935,000 Hawaii ...... 400,000 New Hampshire ...... 400,000 Washington ...... 800,000 Idaho ...... 400,000 New Jersey ...... 1,030,000 West Virginia ...... 400,000 Illinois ...... 1,745,000 New Mexico ...... 400,000 Wisconsin ...... 880,000 Indiana ...... 915,000 New York ...... 2,475,000 Wyoming ...... 400,000 Iowa ...... 625,000 North Carolina ...... 1,060,000 Puerto Rico ...... 465,000 Kansas ...... 645,000 North Dakota ...... 400,000 Kentucky ...... 640,000 Ohio ...... 1,620,000 * The number of States receiving awards will depend upon the number of applications that Louisiana ...... 670,000 Oklahoma ...... 670,000 meet the requirements of this Federal Reg- Maine ...... 400,000 Oregon ...... 520,000 ister notice. Final grant amounts will be ad- Maryland ...... 660,000 Pennsylvania ...... 1,750,000 justed so that all available funds will be Massachusetts ...... 820,000 Rhode Island ...... 400,000 awarded.
Appendix E—Application Checklist
State State contact person
Check Off: Application and Grant Criteria: 1 ...... Introduction: a. ll a. Brief description of geographic and demographic population distribution. b. ll b. Any unique population characteristics (optional). c. ll c. Problem identification statement describing State’s seat belt use. 2 ...... Certifications—A signed statement that the State will: (i) use the funds awarded under this grant program exclusively to implement an innovative program in accordance with the requirements of Section 157(b) of P.L. 105–178 (TEA–21). (ii) administer the funds in accordance with 49 CFR Part 18 and OMB Circular A–87. (iii) provide to the NHTSA Regional Administrator no later than 15 months after grant award a report of activities car- ried out with grant funds and accomplishments to date. (iv) comply with all applicable laws and regulations, financial and programmatic requirements. 3 ...... Program Elements: a. ll a. Goal: Description of State’s current goal for seat belt use and intent to increase the goal based on this application. b. ll b. Strategies to Increase Seat Belt Use: Description of the State’s plan for increasing seat belt use statewide employ- ing one or more of the following strategies: (1) at least two 4-week high-visibility enforcement campaigns; (2) continuous high-visibility seat belt enforcement year round; or (3) a non-enforcement program that has the potential to reach the safety belt use goals. c. ll c. (if applicable) Rationale: Discussion demonstrating the potential of the proposed non-enforcement program to in- crease the State’s seat belt use rate. d. ll d. Statewide Program: • If the program is enforcement-based: description or demonstration of commitment from the State Patrol/Police (if any), and local law enforcement agencies that serve the majority of the State’s population. • If the program is non-enforcement based: description or demonstration of commitment from communities serving the majority of the State’s population. e. ll e. Personnel: Description of management and staffing adequate to implement the program which includes Strategies to Increase Seat Belt Use, Media, Budget and Evaluation. f. ll f. Public Information and Education Strategy: Description of the State’s plan for a statewide public information and edu- cation strategy to focus public attention on the proposed effort. 4 ...... Basic Evaluation Elements: a. ll a. Measurement: Description of how, where and when statewide public awareness of the program and statewide seat belt usage will be measured (must be at least once during the project period). 5 ...... Budget: a. ll a. Strategies to Increase Belt Use: Estimate of the funds devoted to the proposed strategy (e.g., sub-grants to law en- forcement, mini-grants, consultants, etc.). b. ll b. Personnel: Estimate of the total cost for personnel. c. ll c. Public Information and Education: Estimate of the funds to be devoted to media and advertising (e.g., public rela- tions consultants, campaigns, paid media, materials, incentives, etc.). d. ll d. Basic Evaluation: Estimate of the cost for conducting the basic evaluation (minimum of one measurement of public awareness). e. ll e. Total: Verification that budget totals amount specified in Appendix D.
OPTIONAL IN-DEPTH EVALUATION APPLICATION CHECKLIST
In-Depth Evaluation Elements:
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OPTIONAL IN-DEPTH EVALUATION APPLICATION CHECKLIST—Continued a. ll a. Measurement: Description of how, where and when statewide public awareness of the program and statewide seat belt usage will be measured (must be at least three times during the project period), as well as any other measures that will be taken. b. ll b. Management and Implementation: Description of how the evaluation effort will be implemented, managed and docu- mented. Budget for the In-Depth Evaluation: c. ll c. Cost of observational surveys. d. ll d. Cost of telephone surveys. e. ll e. Cost of other surveys (if applicable). f. ll f. Cost of other data collection activities (if applicable). g. ll g. Cost of data analysis. h. ll h. Other In-Depth Evaluation Cost Elements.
[FR Doc. 01–13790 Filed 5–31–01; 8:45 am] Estimated Total Reporting Burden: action prescribed in 27 CFR Part 13 to BILLING CODE 4910–59–P 250 hours. subordinate officers. Also, this ATF Clearance Officer: J. Edgar Nichols (202) Order prescribes the subordinate ATF 927–1426 or Tracey Denning (202) officer’s with whom appeals and other 927–1429, U.S. Customs Service, documents required by 27 CFR Part 13, DEPARTMENT OF THE TREASURY Information Services Branch, Ronald which are not ATF forms, are filed. The attached table identifies the regulatory Submission for OMB review; comment Reagan Building 1300 Pennsylvania sections, documents and authorized request Avenue, NW., Room 3.2.C, Washington, DC 20229 ATF officers. The authorities in the May 25, 2001. OMB Reviewer: Alexander T. Hunt, table may not be redelegated. An ATF The Department of Treasury has (202) 395–7860, Office of organization chart showing the submitted the following public Management and Budget, Room directorates involved in this delegation information collection requirement(s) to 10202, New Executive Office order has been attached. OMB for review and clearance under the Building, Washington, DC 20503 4. Questions. Any questions Paperwork Reduction Act of 1995, concerning this order should be directed Mary A. Able, Public Law 104–13. Copies of the to the Regulations Division at 202–927– submission(s) may be obtained by Departmental Reports Management Officer. 8210. [FR Doc. 01–13722 Filed 5–31–01; 8:45 am] calling the Treasury Bureau Clearance Bradley A. Buckles, BILLING CODE 4820–02–U Officer listed. Comments regarding this Director. information collection should be addressed to the OMB reviewer listed DEPARTMENT OF THE TREASURY TABLE OF AUTHORITIES, DOCUMENTS and to the Treasury Department TO BE FILED, AND AUTHORIZED OF- Clearance Officer, Department of the Bureau of Alcohol, Tobacco and FICIALS Treasury, Room 2110, 1425 New York Firearms Avenue, NW., Washington, DC 20220. [Docket No. 918; ATF O 1130.21] Officer(s) authorized DATES: Written comments should be Regulatory section to act or receive doc- ument. received on or before July 2, 2001 to be Delegation Order—Delegation of the assured of consideration. Director’s Authorities in 27 CFR Part Section 13.11 (Defini- Specialist, Alcohol U.S. CUSTOMS SERVICE (CUS) 13, Labeling Proceedings tion of Liquor bot- Labeling and For- tle). mulation Division OMB Number: 1515–0155. To: All Bureau Supervisors (ALFD). Form Number: None. 1. Purpose. This order delegates § 13.20(a) ...... Chief, ALFD. Type of Review: Extension. certain authorities of the Director to § 13.21(b) ...... Specialist, ALFD. Title: Approval of Commercial subordinate ATF officers. § 13.23 ...... Specialist, ALFD. Gaugers and Accreditation of 2. Background. Under current § 13.25 ...... Specialist or Assistant Commercial Laboratories. regulations, the Director has authority to to the Division Description: The accreditation of take final action on matters relating to Chief, ALFD. commercial testing laboratories; the procedure and practice in § 13.26(a)&(b) ...... Assistant to the Divi- sion Chief, ALFD. approval of commercial gaugers are connection with the issuance, denial, § 13.27 ...... Chief, ALFD. used by individuals or businesses and revocation of certificates of label § 13.41 ...... Chief, ALFD. desiring Customs approval to measure approval, certificates of exemption from § 13.42 ...... Assistant to the Divi- bulk products or analyze importations label approval, and distinctive liquor sion Chief, ALFD. may apply to Customs by letter. This bottle approvals. We have determined § 13.43 ...... Chief, ALFD. recognition is required of businesses that certain of these authorities should, § 13.44 ...... Assistant Director (Al- wishing to perform such work on in the interest of efficiency, be delegated cohol and To- imported merchandise. to a lower organizational level. bacco). Respondents: Business or other for- 3. Delegations. Under the authority § 13.45 ...... Assistant Director (Al- cohol and To- profit, Not-for-profit institutions. vested in the Director, Bureau of bacco). Estimated Number of Respondents: Alcohol, Tobacco and Firearms, by § 13.52 ...... Assistant to the Divi- 250. Treasury Department Order No. 120–01 sion Chief, ALFD. Estimated Burden Hours Per (formerly 221), dated June 6, 1972, and § 13.53 ...... Chief, ALFD. Respondent: 1 hour. by 26 CFR 301.7701–9, this ATF Order § 13.54 ...... Chief, ALFD. Frequency of Response: On occasion. delegates certain authorities to take final § 13.61(b) ...... Chief, ALFD.
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TABLE OF AUTHORITIES, DOCUMENTS TABLE OF AUTHORITIES, DOCUMENTS BILLING CODE 4810–31–P TO BE FILED, AND AUTHORIZED OF- TO BE FILED, AND AUTHORIZED OF- FICIALS—Continued FICIALS—Continued
Officer(s) authorized Officer(s) authorized Regulatory section to act or receive doc- Regulatory section to act or receive doc- ument. ument.
§ 13.62 ...... Assistant to the Divi- § 13.72(b) ...... Assistant Director (Al- sion Chief, ALFD.. cohol and Tobacco)
[FR Doc. 01–13820 Filed 5–31–01; 8:45 am] opportunity to comment on proposed copies of the regulation should be BILLING CODE 4810 31 C and/or continuing information directed to Allan Hopkins, (202) 622– collections, as required by the 6665, Internal Revenue Service, room Paperwork ReductionAct of 1995, 5244, 1111 Constitution Avenue NW., DEPARTMENT OF THE TREASURY Public Law 104–13 (44 U.S.C. Washington, DC 20224. 3506(c)(2)(A)). SUPPLEMENTARY INFORMATION: Internal Revenue Service Currently, the IRS is soliciting Title: Foreign Management and comments concerning an existing final Foreign Economic Processes [INTL–45–86] regulation, INTL–45–86 (TD 8125), Requirements of a Foreign Sales Proposed Collection; Comment Foreign Management and Foreign Corporation. Request for Regulation Project Economic Processes Requirements of a OMB Number: 1545–0904. Foreign Sales Corporation (§ 1.924). Regulation Project Number: INTL–45– AGENCY: Internal Revenue Service (IRS), DATES: Written comments should be 86. Treasury. received on or before July 31, 2001 to be Abstract: This regulation provides ACTION: Notice and request for assured of consideration. rules for complying with foreign comments. management and foreign economic ADDRESSES: Direct all written comments process requirements to enable foreign SUMMARY: The Department of the to Garrick R. Shear, Internal Revenue sales corporations to produce foreign Treasury, as part of its continuing effort Service, room 5244, 1111 Constitution trading gross receipts and qualify for to reduce paperwork and respondent Avenue NW., Washington, DC 20224. reduced tax rates. Section 1.924(d)– burden, invites the general public and FOR FURTHER INFORMATION CONTACT: 1(b)(2) of the regulation requires that other Federal agencies to take this Requests for additional information or records must be kept to verify that the
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necessary activities were performed DEPARTMENT OF THE TREASURY housing credit agencies to monitor for outside the United States. compliance with the requirements of Internal Revenue Service Current Actions: There is no change to Code section 42 and report any this existing regulation. [PS–78–91; PS–50–92;and REG–114664–97] noncompliance to the IRS. PS–50–92 This regulation concerns the Secretary Type of review: Extension of a Proposed Collection; Comment of the Treasury’s authority to provide currently approved collection. Request for Regulation Project guidance under Code section 42 and Affected Public: Business or other for- allows state and local housing credit AGENCY: profit organizations. Internal Revenue Service (IRS), agencies to correct administrative errors Treasury. Estimated Number of Respondents: and omissions made in connection with ACTION: Notice and request for allocations of low-income housing 11,001. comments. credit dollar amounts and Estimated Time Per Respondent: 2 recordkeeping within a reasonable SUMMARY: hours. The Department of the period after their discovery. REG– Treasury, as part of its continuing effort 114664–97 This regulation amends the Estimated Total Annual Burden to reduce paperwork and respondent Hours: 22,001. procedures for state and local housing burden, invites the general public and credit agencies’ compliance monitoring The following paragraph applies to all other Federal agencies to take this and the rules for state and local housing of the collections of information covered opportunity to comment on proposed credit agencies’ correction of by this notice: and/or continuing information administrative errors or omissions. An agency may not conduct or collections, as required by the Current Actions: There is no change to sponsor, and a person is not required to Paperwork Reduction Act of 1995, these existing regulations. respond to, a collection of information Public Law 104–13 (44 U.S.C. Type of Review: Extension of a 3506(c)(2)(A)). Currently, the IRS is unless the collection of information currently approved collection. soliciting comments concerning existing displays a valid OMB control number. Affected Public: Business or other for- final regulations, PS–78–91 (TD 8430), profit organizations, individual or Books or records relating to a Procedure for Monitoring Compliance households, not-for-profit institutions, collection of information must be With Low-Income Housing Credit and state, local or tribal governments. retained as long as their contents may Requirements; PS–50–92 (TD 8521), Estimated Number of Respondents: become material in the administration Rules To Carry Out the Purposes of 22,055. of any internal revenue law. Generally, Section 42 and for Correcting Estimated Time Per Respondent: 4 tax returns and tax return information Administrative Errors and Omissions; hours, 45 minutes. are confidential, as required by 26 and REG–114664–97 (TD 8859), Estimated Total Annual Burden U.S.C. 6103. Compliance Monitoring and Hours: 104,899. The following paragraph applies to all Request for Comments: Comments Miscellaneous Issues Relating to the Low-Income Housing Credit (§§ 1.42–5, of the collections of information covered submitted in response to this notice will 1.42–13, and 1.42–17). by this notice: be summarized and/or included in the DATES: Written comments should be An agency may not conduct or request for OMB approval. All sponsor, and a person is not required to comments will become a matter of received on or before July 31, 2001 to be assured of consideration. respond to, a collection of information public record. unless the collection of information ADDRESSES: Direct all written comments displays a valid OMB control number. Comments are invited on: (a) Whether to Garrick R. Shear, Internal Revenue the collection of information is Books or records relating to a collection Service, room 5244, 1111 Constitution of information must be retained as long necessary for the proper performance of Avenue NW., Washington, DC 20224. the functions of the agency, including as their contents may become material FOR FURTHER INFORMATION CONTACT: in the administration of any internal whether the information shall have Requests for additional information or practical utility; (b) the accuracy of the revenue law. Generally, tax returns and copies of the regulations should be tax return information are confidential, agency’s estimate of the burden of the directed to Carol Savage, (202) 622– collection of information; (c) ways to as required by 26 U.S.C. 6103. 3945, Internal Revenue Service, room Request for Comments: Comments enhance the quality, utility, and clarity 5242, 1111 Constitution Avenue NW., submitted in response to this notice will of the information to be collected; (d) Washington, DC 20224. be summarized and/or included in the ways to minimize the burden of the SUPPLEMENTARY INFORMATION: request for OMB approval. All collection of information on Title: PS–78–91, Procedure for comments will become a matter of respondents, including through the use Monitoring Compliance With Low- public record. of automated collection techniques or Income Housing Credit Requirements; Comments are invited on: (a) Whether other forms of information technology; PS–50–92, Rules To Carry Out the the collection of information is and (e) estimates of capital or start-up Purposes of Section 42 and for necessary for the proper performance of costs and costs of operation, Correcting Administrative Errors and the functions of the agency, including maintenance, and purchase of services Omissions; and REG–114664–97, whether the information shall have to provide information. Compliance Monitoring and practical utility; (b) the accuracy of the Approved: May 21, 2001. Miscellaneous Issues Relating to the agency’s estimate of the burden of the Low-Income Housing Credit. collection of information; (c) ways to Garrick R. Shear, OMB Number: 1545–1357. Regulation enhance the quality, utility, and clarity IRS Reports Clearance Officer. Project Numbers: PS–78–91; PS–50–92; of the information to be collected; (d) [FR Doc. 01–13804 Filed 5–31–01; 8:45 am] and REG–114664–97. ways to minimize the burden of the BILLING CODE 4830–01–P Abstract: PS–78–91 This regulation collection of information on requires state allocation plans to respondents, including through the use provide a procedure for state and local of automated collection techniques or
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other forms of information technology; verify that partnerships and S DEPARTMENT OF VETERANS and (e) estimates of capital or start-up corporations have correctly reported AFFAIRS (VA) costs and costs of operation, their income and expenses from rental maintenance, and purchase of services real estate property. VA Claims Processing Task Force; Notice of Meeting to provide information. Current Actions: There are no changes Approved: May 25, 2001. being made to the form at this time. The Department of Veterans Affairs Garrick R. Shear, Type of Review: Extension of a (VA) gives notice under Public Law 92– IRS Reports Clearance Officer. currently approved collection. 463 that a meeting of the VA Claims [FR Doc. 01–13805 Filed 5–31–01; 8:45 am] Affected Public: Business or other for- Processing Task Force will take place on BILLING CODE 4830–01–P profit organizations. Tuesday, June 5, 2001; Wednesday, June 6, 2001; Wednesday, June 20, 2001 and Estimated Number of Respondents: Thursday, June 21, 2001. The meetings DEPARTMENT OF THE TREASURY 705,000. will be held at VA Central Office, 810 Internal Revenue Service Estimated Time Per Respondent: 8 Vermont Avenue, NW., Washington, hours, 55 minutes. DC. The room location for the meetings Proposed Collection; Comment Estimated Total Annual Burden will be clearly posted in the lobby Request for Form 8825 Hours: 6,288,600. entrance, and the room location will also be available at the Security Desk. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all Treasury. of the collections of information covered The purpose of the Task Force is to provide findings and recommendations ACTION: by this notice: Notice and request for to the Secretary on ways to reduce comments. An agency may not conduct or processing times and shrink the sponsor, and a person is not required to SUMMARY: The Department of the disability claims backlog without Treasury, as part of its continuing effort respond to, a collection of information compromising either the accuracy of to reduce paperwork and respondent unless the collection of information decisions or service to veterans. burden, invites the general public and displays a valid OMB control number. The Task Force meetings of June 5, other Federal agencies to take this Books or records relating to a collection 2001, and June 20, 2001, will convene opportunity to comment on proposed of information must be retained as long at 1 p.m. and adjourn at 4:30 p.m. Both and/or continuing information as their contents may become material of these meetings will be closed to the collections, as required by the in the administration of any internal public in accordance with the Paperwork Reduction Act of 1995, revenue law. Generally, tax returns and provisions set forth in section 10(d) of Public Law 104–13 (44 U.S.C. tax return information are confidential, Public Law 92–463, as amended by 3506(c)(2)(A)). Currently, the IRS is as required by 26 U.S.C. 6103. sections 5(c) of Public Law 94–409, and soliciting comments concerning Form 5 U.S.C. 552b(c)(6). During the closed Request for Comments 8825, Rental Real Estate Income and meeting, the Task Force members will Expenses of a Partnership or an S Comments submitted in response to examine medical records and claim Corporation. this notice will be summarized and/or folders of veterans, and any disclosure DATES: Written comments should be included in the request for OMB would constitute an unwarranted received on or before July 31, 2001 to be approval. All comments will become a invasion of personal privacy. assured of consideration. matter of public record. Comments are The June 6, 2001, and June 21, 2001, ADDRESSES: Direct all written comments invited on: (a) Whether the collection of meetings will convene at 9 a.m. and to Garrick R. Shear, Internal Revenue information is necessary for the proper adjourn at 4 p.m. The agenda for these Service, room 5244, 1111 Constitution performance of the functions of the meetings will include briefings and Avenue NW., Washington, DC 20224. agency, including whether the discussions on ways to improve VA’s FOR FURTHER INFORMATION CONTACT: information shall have practical utility; ability to process veterans’ claims for Requests for additional information or (b) the accuracy of the agency’s estimate disability compensation and pension. copies of the form and instructions of the burden of the collection of These meetings are open to the general should be directed to Carol Savage, information; (c) ways to enhance the public. Mr. John O’Hara, Designated (202) 622–3945, Internal Revenue quality, utility, and clarity of the Federal Official for the VA Claims Service, room 5242, 1111 Constitution information to be collected; (d) ways to Processing Task Force, can be reached at (202) 273–5130. Avenue NW., Washington, DC 20224. minimize the burden of the collection of SUPPLEMENTARY INFORMATION: information on respondents, including For interested parties who wish to Title: Rental Real Estate Income and through the use of automated collection submit written comment, Expenses of a Partnership or an S techniques or other forms of information correspondence should be sent to Mr. Corporation. technology; and (e) estimates of capital John O’Hara, Executive Director, VA OMB Number: 1545–1186. or start-up costs and costs of operation, Claims Processing Task Force, c/o VA Form Number: 8825. maintenance, and purchase of services Office of Policy and Planning (008B), Abstract: Partnerships and S to provide information. 810 Vermont Avenue, NW., corporations file Form 8825 with either Washington, DC 20420. Approved: May 25, 2001. Form 1065 or Form 1120S to report Dated: May 22, 2001. income and deductible expenses from Garrick R. Shear, By Direction of the Secretary. rental real estate activities, including IRS Reports Clearance Officer. Ventris C. Gibson, net income or loss from rental real estate [FR Doc. 01–13806 Filed 5–31–01; 8:45 am] activities that flow through from Committee Management Officer. BILLING CODE 4830–01–P partnerships, estates, or trusts. The IRS [FR Doc. 01–13759 Filed 5–31–01; 8:45 am] uses the information on the form to BILLING CODE 8320–01–M
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Corrections Federal Register Vol. 66, No. 106
Friday June 1, 2001
This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION Monday, May 21, 2001, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Federal Aviation Administration and Notice documents. These corrections are On page 28034, in the second column, prepared by the Office of the Federal 14 CFR Part 121 in the DATES section, in the second Register. Agency prepared corrections are line, ‘‘July 2, 2001’’ should read ‘‘July issued as signed documents and appear in Flight Crewmember Flight Time 20, 2001’’. the appropriate document categories Limitations and Rest Requirements; [FR Doc. C1–12741 Filed 5–31–01; 8:45 am] elsewhere in the issue. Correction BILLING CODE 1505–01–D Correction SECURITIES AND EXCHANGE In rule document 01–12932 appearing DEPARTMENT OF THE TREASURY COMMISSION on page 28369 in the issue of Wednesday, May 23, 2001, make the Office of the Under Secretary for [Release No. 34–44331; File No. SR–ISE– following correction: Domestic Finance 2001–11] §14.121 [Corrected] 17 CFR Part 450 Self–Regulatory Organizations; Notice On page 28369, in the third column, of Filing and Order Granting under the heading Correction, in the Accelerated Approval of Proposed second paragraph, in the 6th line, ‘‘1, RIN 1505–AA82 Rule Change by the International 2001 ’’ should read ‘‘ 17, 2001’’. Government Securities Act Securities Exchange LLC to Trade [FR Doc. C1–12932 Filed 5–31–01; 8:45 am] Regulations; Definition of Government Standardized Equity Options on Trust BILLING CODE 1505–01–D Issued Receipts Securities Correction May 21, 2001. DEPARTMENT OF THE TREASURY Correction In rule document 01–13138 beginning Internal Revenue Service on page 28654 in the issue of Thursday, In notice document 01–13325 Proposed Collection; Comment May 24, 2001, make the following beginning on page 29193 in the issue of correction: Tuesday, May 29, 2001, the docket line Request for Form 8812 is corrected to read as set forth above. Correction §450.2 [Corrected] [FR Doc. C1–13325 Filed 5–31–01; 8:45 am] In notice document 01–12741 On page 28655, the table should read BILLING CODE 1505–01–D beginning on page 28034 in the issue of as follows:
If . . . Then . . .
(1)(i) A depository institution is a government securities broker or deal- ‘‘Government securities’’ means those obligations described in sub- er as defined in sections 3(a)(43) and 3(a)(44) of the Securities Ex- paragraphs (A), (B), (C), or (E) of section 3(a)(42) of the Securities change Act of 1934 (15 U.S.C. 78c(a)(43)–(44)). Exchange Act of 1934 (15 U.S.C. 78c(a)(42)(A)–(C), (E))
(ii) A depository institution is exempt under Part 401 of this chapter ‘‘Government securities’’ means those obligations described in sub- from the requirements of Subchapter A. paragraphs (A), (B), (C), or (E) of section 3(a)(42) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(42)(A)–(C), (E))
(2) A depository institution is not a government securities broker or ‘‘Government securities’’ means those obligations described in sub- dealer as defined in sections 3(a)(43) and 3(a)(44) of the Securities paragraphs (A), (B), or (C) of section 3(a)(42) of the Securities Ex- Exchange Act of 1934 (15 U.S.C. 78c(a)(43)–(44)). change Act of 1934 (15 U.S.C. 78c(a)(42)(A)–(C))
[FR Doc. C1–13138 Filed 5–31–01; 8:45 am] BILLING CODE 1505–01–D
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Part II
Department of the Treasury Office of the Comptroller of the Currency
12 CFR Part 8 Assessement of Fees; Final Rule
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DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: assessment amount that results from this computation may then be adjusted Background Office of the Comptroller of the based on a bank’s condition and on Currency The OCC charters, regulates, and whether it is a ‘‘lead bank’’ or a ‘‘non- supervises approximately 2,200 national lead bank.’’ The amount of assets on a 12 CFR Part 8 banks and 58 Federal branches and bank’s balance sheet is, however, the agencies of foreign banks in the United most significant component of the States, accounting for nearly 60 percent [Docket No. 01–11] current assessment computation. of the nation’s banking assets. Our mission is to ensure a safe, sound, and The magnitude and complexity of the RIN 1557–AB96 competitive national banking system business of independent credit card that supports the citizens, communities, banks is not fully reflected by the Assessment of Fees and economy of the United States. volume of assets reported on those The OCC funds the activities it banks’ balance sheets as of a particular AGENCY: Office of the Comptroller of the undertakes to carry out this mission date. For example, in order to comply Currency, Treasury. through assessments on institutions with restrictions governing affiliate ACTION: Final rule. regulated by the OCC. The National transactions, most private label credit Bank Act authorizes the OCC to collect card banks sell their receivables within SUMMARY: The Office of the Comptroller assessments, fees, or other charges as twenty-four hours of their production. of the Currency (OCC) is making two necessary or appropriate to carry out the Other independent credit card banks changes to our assessment rule. First, responsibilities of the Office. 12 U.S.C. regularly securitize substantial amounts we are changing the way we assess 482 (Supp. 1999). The statute requires of their receivables. A credit card bank’s ‘‘independent credit card banks.’’ A that our charges be set to meet the balance sheet, therefore, is not, by itself, national bank is considered Comptroller’s expenses in carrying out generally a meaningful measure of the independent for purposes of this final authorized activities. Id. The OCC, resources the OCC must expend to rule if it engages primarily in credit card under 12 CFR part 8, currently assesses supervise this type of bank, nor is it a operations and is not affiliated with a national banks and Federal branches fair measure of the value of the national full-service national bank. Under the and agencies according to a formula bank charter to the enterprise. As a revised assessment structure, all credit based on factors such as a bank’s size result, the assessments the OCC card banks will continue to be assessed and condition and whether it is the currently applies to these banks do not based on balance sheet assets. ‘‘lead’’ bank or ‘‘non-lead’’ bank among represent the banks’ fair share of the 1 Independent credit card banks will pay national banks in a holding company. OCC’s overall expenses. an additional assessment component The OCC also imposes an additional Institutions with composite ratings of based on off-balance sheet credit assessment on independent trust banks 3, 4, or 5. The OCC adds a surcharge to based on the amount of trust assets the asset-based assessment for national receivables that are attributable to credit 2 card accounts owned by the banks. This under management. banks and Federal branches and Independent credit card banks. The additional assessment will result in agencies that have composite UFIRS or OCC’s current assessment regulations do payment by these banks of a more ROCA 4 ratings, as appropriate, of 3, 4, not distinguish independent credit card appropriate share of the OCC’s expenses or 5. This surcharge reflects the greater banks from other national banks. As a than under the current on-balance sheet supervisory resources demanded by the result, independent credit card banks assessment structure. circumstances of these lower-rated pay assessments according to the same institutions. The OCC’s experience since We also are raising the surcharge for formula that applies to full-service 1997, when we introduced the all institutions with composite ratings of national banks. That formula is surcharge,5 has shown that the current 3, 4, or 5 under the Uniform Financial comprised of a fixed component based surcharge for these institutions does not Institutions Rating System (UFIRS) (also solely on a bank’s asset size plus a adequately compensate the OCC for the referred to as the CAMELS rating, which variable component derived by additional demands on its resources rates capital, assets, management, multiplying asset amounts in excess of given the substantial level of earnings, liquidity, and sensitivity to certain thresholds by a series of supervision warranted. market risk) and for Federal branches declining marginal rates.3 The and agencies of foreign banks that On April 4, 2001, we published a receive a composite rating of 3, 4, or 5 1 A ‘‘lead bank’’ is the largest national bank notice of proposed rulemaking in the under the ROCA rating system. This controlled by a company, based on a comparison of Federal Register (66 FR 17821) to amendment will enable us to allocate the total assets held by each national bank amend the OCC’s assessment regulation controlled by that company as reported in each more equitably the expenses the OCC bank’s most recent Consolidated Report of by adding a new assessment component incurs in supervising institutions that Condition (Including Domestic and Foreign to the existing balance sheet are experiencing significant problems. Subsidiaries) (Call Report). 12 CFR 8.2(a)(6)(ii)(A). assessments for independent credit card The surcharge will apply to the asset- 2 65 FR 75859 (December 5, 2000), to be codified banks. The proposal also increased the at 12 CFR 8.6(c). An ‘‘independent trust bank’’ for based assessment as well as the purposes of § 8.6 is a national bank that (a) has trust surcharge for lower-rated national independent credit card bank and powers, (b) does not primarily offer full-service banks. For the reasons discussed below, independent trust bank assessments. banking, and (c) is not affiliated with a full-service the OCC is adopting the rule as national bank. A bank will be considered as not proposed. EFFECTIVE DATE: July 1, 2001. primarily offering full-service banking if it derives more than 50 percent of its interest and non-interest FOR FURTHER INFORMATION CONTACT: income from credit card operations or trust announced in the OCC’s annual ‘‘Notice of Mitchell E. Plave, Counsel, Legislative activities, or the terms of the bank’s charter restrict Comptroller of the Currency Fees’’ (Notice of Fees). and Regulatory Activities Division, its ability to engage in a full range of permissible See 12 CFR 8.8. banking activities. 4 The ROCA rating system rates risk management, (202) 874–5090; or Daniel L. Pearson, 3 The assessment formula is set out at 12 CFR 8.2. operational controls, compliance, and asset quality. National Bank Examiner, Credit Risk, The elements of the formula, including the marginal 5 See 62 FR 64135 (December 4, 1997); 12 CFR (202) 874–5170. rates, may change from year to year and are 8.2(a)(7); 12 CFR 8.2(b)(5).
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Proposed Rule and Comments Received adding to its book asset-based compliance operations concerning Independent credit card bank assessment an additional amount credit card disclosure (fees, rates, and assessment. We proposed to amend 12 determined by its level of receivables terms) and fair lending; and information CFR 8.2 by adding a new paragraph (c) attributable. We noted that the dollar technology. We also examine the to increase assessments on independent amount of the additional assessment relationship between the credit card credit card banks by adding an off- would be published each year in the bank and the banks’ affiliates and parent 9 balance sheet ‘‘receivables attributable’’ Notice of Fees, and that the amounts of companies. Thus, although some types component to the assessment structure. the additional assessment would be of independent credit card banks may For purposes of the proposal, we adjusted to reflect changes in the OCC’s not represent the same level of direct defined ‘‘independent credit card expenses. risk to the Federal Deposit Insurance We received comments on the banks’’ as banks that primarily engage in Corporation insurance fund as banks proposal from eight independent credit credit card operations and are not that hold a significant amount of card banks and two banking trade affiliated with a full-service national insured deposits, the current level of bank.6 Under the proposed rule, a bank associations. Three of the commenters acknowledged that balance sheet asset assessments for this population of banks is considered ‘‘primarily engaged in does not correlate with the resources we credit card operations’’ if it is a bank assessments do not capture an independent credit card bank’s devote to evaluating the various types of described in section 2(c)(2)(F) of the risks they present. Bank Holding Company Act (a so-called business, but suggested that relative risk to the deposit insurance fund, rather In general, the need for sophisticated ‘‘CEBA credit card bank’’),7 or if the than receivables attributable, would be regulation and supervision in the credit ratio of (a) its total gross receivables a better measure for additional attributable to (b) the bank’s balance card industry is increasing. With the assessments. They said that the off- sheet assets exceeds 50%. A bank is a increase in information technology, balance sheet and limited purpose ‘‘full-service national bank’’ for Internet banking, and outsourcing of nature of credit card banking reduce risk purposes of the proposed rule if more services, the OCC is spending more time to the national banking system, as well than 50% of its interest and non-interest in the banks reviewing transaction risk, as the OCC’s supervisory income is generated by activities other data security, vendor management, and responsibilities. The commenters also than credit card operations or trust customer privacy issues. The volume of argued that the assessments should be credit card transactions that flow activities and the bank’s charter permits based on the quality of bank it to conduct all authorized banking through the national banking system on 8 management and reflect a bank’s a daily basis is significant. The volume activities. The proposal used the same composite UFIRS rating. test for affiliation (i.e., the definition of of credit card direct mail solicitations, One of the banking trade associations telephone solicitations, retail store ‘‘affiliate’’ appearing in the Federal commented that it believed a special promotions, and Internet advertisements Reserve Act at 12 U.S.C. 221a(b)) that assessment for independent credit card continues to increase, as do consumer we used in the OCC’s recently adopted banks might be appropriate to defray disclosures, add-on insurance-related rule affecting independent trust banks. supervisory costs if demands on agency The proposal defined ‘‘receivables resources and the risk profiles of the products, third-party marketing attributable’’ as the total amount of banks supported an additional vendors, and consumer complaints and outstanding balances due on credit card assessment. This commenter suggested litigation. The variation of credit card accounts owned by an independent that a special assessment should be tied products, fees, interest rates, and credit card bank (the receivables to whether receivables are securitized. disclosures is substantial. The consumer attributable to those accounts) on the The tenor of these comments is that population expects regulators to oversee last day of the assessment period. We the OCC’s assessments should be tied to these activities, as is evidenced by the described receivables attributable as the all independent credit card banks’ level fact that consumer inquiries concerning measure of the volume of a credit card of risk. In view of the purpose of credit card banks represent the highest bank’s business. Given that some credit assessments, as set forth in 12 U.S.C. volume of inquiries received by the card banks retain receivables on balance 482, however, the risk-based approach OCC’s Customer Assistance Group. The sheet, the proposal allowed the banks to suggested by the commenters is too OCC has increased the levels of its deduct on-book receivables from total narrow. Rather, our assessments should oversight to match the level of gross receivables attributable to reflect the resources the OCC dedicates compliance and reputation risk in this determine ‘‘receivables attributable.’’ to supervision of national banks (which group of banks. This provision avoids assessing the is, in itself, an indirect measure of risk) Several of the commenters questioned same asset twice. Under the proposal, and the value of the national charter to why the proposal focused on independent credit card banks would these banks. While independent credit independent credit card banks rather report receivables attributable data to card banks do not engage in the full than the whole universe of credit card the OCC on a semiannual basis. range of banking activities, they banks. Where a full-service national The proposed rule provided that an nonetheless require substantial bank elects to conduct its credit card independent credit card bank’s supervision. The OCC examines credit business through a separately chartered assessment would be determined by card banks in the areas of credit risk management, which includes entity, rather than in the bank itself, it 6 See Charters, Corporate Manual at 21–22 (1998) underwriting, account management, has essentially made a decision about (describing credit card banks). collections, and fraud controls; the organizational format that best suits 7 See 12 U.S.C. 1841(c)(2)(F) (excluding from the its needs. As we stated in the proposal, definition of the term ‘‘bank’’ in the Bank Holding securitizations; marketing practices; Company Act (BHCA) an institution that engages credit scoring models; daily settlement where such a corporate format has been only in credit card operations and satisfies certain practices for VISA, MasterCard, and chosen, it is our experience that the other conditions). This provision was added to the retailer stores; affiliate transactions; aggregate assessments received from the BHCA by the Competitive Equality Banking Act of internal audits; vendor management; national bank and its credit card affiliate 1987. generally are sufficient to pay the 8 This definition also applies for purposes of the independent trust bank rule. See supra, note 2. 9 12 CFR 8.8(b). institution’s fair share of the OCC’s
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overall expenses.10 Where the credit For these reasons, the final rule independent trust bank would follow card bank is not affiliated with a full- adopts the receivables-attributable the same method, using the managed service national bank, however, it methodology for independent credit assets component.12 typically represents a choice by a non- card banks as proposed. We note that Under the proposal, banks with bank or state-chartered affiliate to use this methodology will result in no composite UFIRS or ROCA ratings of 3 the national bank charter for the distinct additional assessment for an would be assessed a surcharge of 50%; benefits it affords for the operation of a independent credit card bank that keeps banks with composite ratings of 4 or 5 credit card business under all of its receivables on its balance sheet. would be assessed a 100% surcharge. By circumstances where the affiliate is not In such a situation, the asset-based linking assessments with the condition sharing equitably in defraying the OCC’s component of the assessment rule will of the banks, the elevated supervisory costs of operation. produce the assessment measure for the cost of lower-rated institutions would be Moreover, where a credit card bank is institution. borne by the lower-rated institutions, affiliated with a full-service national In the proposal, we stated that the rather than by the national banking bank, the OCC achieves efficiencies initial semiannual charge to be paid in system as a whole.13 This proposed from the coordinated supervision of the July, 2001, would be in the range of the approach would enable the OCC’s affiliated banks that are not present in following:11 assessment revenue to expand or the supervision of independent credit contract in a way that responds to the card banks. Our cost of supervision, changing demands on the OCC. therefore, is not only that of on-site We received three comments on this proposed increase in the surcharge from examination, but includes other If the bank’s total off-balance The addi- supervisory costs, such as handling sheet receivables attributable tional semi- banks that supported charging lower- consumer complaints concerning these are annual as- rated institutions a higher assessment. A institutions. Over But not over sessment is: banking industry trade association also In the proposal, we invited comment commented, noting that while it on whether we should use ‘‘transaction Column A Column B Column C supports higher assessments for lower- flow’’ instead of receivables attributable Million Million rated institutions, it is concerned that to measure an independent credit card the proposed surcharges might hasten $0 $100 $40,000 bank’s business. ‘‘Transaction flow’’ is 100 1000 60,000 the demise of some banks. Our the total net amounts charged to cards 1000 5000 80,000 experience using the surcharges in the issued by the bank during each semi- 5000 100,000 current rule indicates that this result has annual assessment period. Three not occurred. In addition, we believe it commenters addressed the transaction We intend to charge these amounts is fairer to charge the higher costs of flow alternative. The first, an beginning with the July, 2001, supervising lower-rated banks to those independent credit card bank, found semiannual assessment period. banks, rather than to all national banks. this alternate unacceptable because it Adjustments to these amounts thereafter Lower-rated banks create a significantly would penalize rewards-based credit may be made in our Notice of Fees. greater demand for the allocation of the cards that have significantly higher Assessment surcharge for institutions OCC’s supervisory time and resources transactions per account than non- with composite UFIRS or ROCA ratings than do better rated banks of reward cards. The commenter added of 3, 4, or 5. As we stated in the comparable size. Well-run banks should that the value of the charter and the proposal, OCC data show that there is a not have to bear the burden of these costs to supervise are more closely significant increase in the supervisory additional costs. Moreover, the prospect aligned with average balances than demands on the OCC once a bank’s or of higher assessments should add an transaction volume. Federal branch’s or agency’s composite element of market discipline by The second and third commenters, UFIRS or ROCA rating moves from 1 or providing an additional incentive for a banking trade associations, strongly 2 to 3, 4, or 5. Since introducing the bank to maintain a higher rating. endorsed the receivables attributable surcharge in 1997, we have found that The trade association also questioned methodology rather than transaction the demands placed on the OCC by whether the magnitude of the proposed flow. One trade association focused on these lower-rated institutions is greater increase was warranted. Our analysis the availability of data and stated that, than was anticipated in 1997. Not only shows that, on average, OCC workdays while receivables attributable data are have the demands on supervisory devoted to institutions rated 3, 4, or 5 readily available, transaction flow is resources increased for institutions with increase by a percentage that exceeds not. The commenter also inquired about a 3 rating, we have found they are even the percentage increases in the problem- the possibility of gathering receivables greater when institutions are rated 4 or bank surcharge. Accordingly, we believe attributable data from the information 5. Accordingly, we proposed to increase it is appropriate to adopt the increase in reported in the Consolidated Report of the surcharge for all lower-rated the surcharge for lower-rated Condition (Including Domestic and institutions. institutions as proposed. Foreign Subsidiaries) (Call Report). In The surcharge we proposed would Regulatory Flexibility Act response to this point, we note that the apply to all components of an OCC can extract receivables attributable institution’s assessment, not only the An agency must prepare a Regulatory information from only a portion of the asset-based assessment. Thus, for Flexibility Analysis if a rule it proposes relevant independent credit card bank instance, an independent credit card 12 population; therefore, the suggestion is bank would calculate its asset-based See 12 CFR 8.6(c) (assessments on independent not feasible. The other trade association trust banks). component and receivables attributable 13 The regulation permits the OCC to limit the endorsed receivables attributable over component, add those two together, and amount of the surcharge. We currently contemplate, transaction flow, suggesting that multiply the sum by the amount of the for example, that lower-rated full-service national seasonal changes in transaction volume banks would pay a surcharge only on the first $20 ratings-based surcharge. An billion in book assets. The OCC will publish this could skew the assessment. limit and any similar limit that may apply to 11 See 66 FR 21045 (April 26, 2001) (corrected surcharges on lower-rated independent credit card 10 66 FR 17821, 17822 (April 4, 2001). version of the chart). or independent trust banks in the Notice of Fees.
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will have a ‘‘significant economic resources. We concluded that a Executive Order 12866 impact’’ on a ‘‘substantial number of surcharge increase on lower-rated The OCC has determined that this small entities.’’ 5 U.S.C. 603, 605. If, institutions was the most equitable way final rule is not a significant regulatory after an analysis of a rule, an agency to correct this imbalance and the least action under Executive Order 12866. determines that the rule is not expected burdensome solution when viewed from to have a significant economic impact the perspective of the national banking Unfunded Mandates Reform Act of on a substantial number of small system as a whole. 1995 entities, section 605(b) provides that the Paperwork Reduction Act Section 202 of the Unfunded head of the agency may so certify. Mandates Reform Act of 1995, Public The OCC has reviewed the impact this The OCC may not conduct or sponsor, Law 104–4 (2 U.S.C. 1532) (Unfunded final rule will have on small and an organization is not required to Mandates Act), requires that an agency independent credit card banks. Based respond to, an information collection prepare a budgetary impact statement on that review, the OCC certifies that unless it displays a currently valid before promulgating any rule likely to the final rule will not have a significant Office of Management and Budget result in a federal mandate that may economic impact on a substantial (OMB) control number. OMB has result in the expenditure by state, local, number of small entities. This rule will reviewed and approved the collection of and tribal governments, in the aggregate, apply to a small number of national information requirements contained in or by the private sector of $100 million banks. For purposes of this review, the this rule under emergency processing or more in any one year. If a budgetary OCC defines ‘‘small independent credit procedures under control number 1557– impact statement is required, section card banks’’ to be those banks with less 0223, in accordance with the Paperwork 205 of the Unfunded Mandates Act also 14 than $100 million in total assets. Reduction of 1995 (44 U.S.C. 3501 et requires an agency to identify and Using this definition, the final rule will seq.). OMB clearance will expire on consider a reasonable number of affect only nineteen small independent October 31, 2001. The OCC is currently regulatory alternatives before credit card banks, representing less than seeking an extension of OMB approval promulgating a rule. The OCC has 1% of all national banks. The OCC does under ordinary OMB clearance determined that the final rule will not not believe this to be a substantial procedures. The OCC sought comment result in expenditures by state, local, number of small entities. on all aspects of the burden estimates and tribal governments, or by the The proposed rule contained an for the information collection contained private sector, of $100 million or more Initial Regulatory Flexibility Analysis in the proposed rule. The OCC received in any one year. Accordingly, this (IRFA) that addressed the increase in no comments. rulemaking requires no further analysis the lower-rated bank surcharge and The information collection under the Unfunded Mandates Act. invited the public’s comments on the requirements contained in 12 CFR part impact of the proposed rule on small 8 are contained in section 8.2(c). Under List of Subjects in 12 CFR Part 8 entities. As noted above, we received this section, the final regulation would National banks, Reporting and only three comments from independent require national banks to provide the recordkeeping requirements. credit card banks on the surcharge OCC with ‘‘receivables-attributable’’ Authority and Issuance increase, all in support of the increase. data from independent credit card We also received a comment from a banks, that is national banks that For the reasons set forth in the bank trade association, which supported primarily engage in credit card preamble, the OCC amends part 8 of higher assessments for lower-rated operations and are not affiliated with a chapter I of title 12 of the Code of institutions but suggested that the full service national bank. ‘‘Receivables Federal Regulations as follows: surcharge might hasten the demise of attributable’’ are the total amount of some institutions. As previously outstanding balances due on credit card PART 8—ASSESSMENT OF FEES discussed, our experience using the accounts owned by an independent surcharges in the current rule indicates 1. The authority citation for part 8 credit card bank (the receivables continues to read as follows: that this result has not occurred. Given attributable to those accounts) on the the generally positive comments on the last day of the assessment period, minus Authority: 12 U.S.C. 93a, 481, 482, 1867, surcharge, and that the rule currently receivables retained on the bank’s 3102, and 3108; 15 U.S.C. 78c and 781; and 26 D.C. Code 102. would affect only approximately 4% of balance sheet as of that day. The small entities, the OCC certifies that the respondents are national banks. 2. In § 8.2: A. Paragraphs (a)(7) and (b)(5) are final rule will not have a significant Estimated number of respondents: 35. economic impact on a substantial removed; and Estimated number of responses: 70. B. New paragraphs (c) and (d) are number of small entities. Frequency of response: Semiannually. We note that we considered added to read as follows: Estimated burden hours per response: alternatives to the increase in the 1 hour. § 8.2 Semiannual assessment. surcharge for lower-rated institutions Estimated total annual burden: 70 when preparing this rule. At present, * * * * * hours. there is an imbalance in the surcharge (c) Additional assessment for The OCC has a continuing interest in between the level of our supervision of independent credit card banks—(1) the public’s opinion regarding lower-rated banks and their General rule. In addition to the collections of information. Members of contributions to the overall assessment assessment calculated according to the public may submit comments at any pool. As a result, the current surcharge paragraph (a) of this section, each time regarding any aspects of these passes the burden of supervision from independent credit card bank will pay collections of information. Comments lower-rated institutions to higher-rated an assessment based on receivables may be sent to Jessie Dunaway, banks that consume far fewer OCC attributable to credit card accounts Clearance Officer, Office of the owned by the bank. This assessment 14 This definition is consistent with the Small Comptroller of the Currency, 250 E will be computed by adding to its asset- Business Administration’s definition of ‘‘small Street, SW, Mailstop 8–4, Washington, based assessment an additional amount entity.’’ See 13 CFR 121.201. DC 20219. determined by its level of receivables
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attributable. The dollar amount of the independent credit card bank (the B. Paragraphs (c)(3)(ii) and (c)(3)(iii) additional assessment will be published receivables attributable to those are redesignated as paragraphs (c)(3)(iii) in the ‘‘Notice of Comptroller of the accounts) on the last day of the and (c)(3)(iv), and a new paragraph Currency Notice of Fees,’’ described at assessment period, minus receivables (c)(3)(ii) is added to read as follows: § 8.8. retained on the bank’s balance sheet as (2) Credit card banks affiliated with of that day. § 8.6 Fees for special examinations and investigations. full-service national banks. The OCC (4) Reports of receivables attributable. will assess an independent credit card Independent credit card banks will * * * * * bank in accordance with paragraph report receivables attributable data to (c) * * * (c)(1) of this section, notwithstanding the OCC semiannually at a time (1) * * * that the bank is affiliated with a full- specified by the OCC. (iii) Surcharge based on the condition service national bank, if the OCC (d) Surcharge based on the condition of the bank. Subject to any limit that the concludes that the affiliation is intended of the bank. Subject to any limit that the OCC prescribes in the Notice of the to evade this part. OCC prescribes in the Notice of the Comptroller of the Currency Fees, the (3) Definitions. For purposes of this Comptroller of the Currency Fees, the OCC shall adjust the semiannual paragraph (c), the following definitions OCC shall apply a surcharge to the assessment computed in accordance apply: semiannual assessment computed in with paragraphs (c)(1)(i) and (ii) of this (i) Affiliate has the same meaning as accordance with paragraphs (a) through section by multiplying that figure by 1.5 this term has in 12 U.S.C. 221a(b). (c) of this section. This surcharge will be for each independent trust bank that (ii) Engaged primarily in card determined by multiplying the receives a composite rating of 3 under operations means a bank described in semiannual assessment computed in the Uniform Financial Institutions section 2(c)(2)(F) of the Bank Holding accordance with paragraphs (a) through Rating System (UFIRS) at its most recent Company Act (12 U.S.C. 1841(c)(2)(F)) (c) of this section by— examination and by 2.0 for each bank or whose ratio of total gross receivables (1) 1.5, in the case of any bank that that receives a composite UFIRS rating attributable to the bank’s balance sheet receives a composite rating of 3 under of 4 or 5 at such examination. assets exceeds 50%. the Uniform Financial Institutions * * * * * (iii) Full-service national bank is a Rating System (UFIRS) and any Federal (3) * * * national bank that generates more than branch or agency that receives a (ii) Full-service national bank is a 50% of its interest and non-interest composite rating of 3 under the ROCA national bank that generates more than income from activities other than credit rating system (which rates risk 50% of its interest and non-interest card operations or trust activities and is management, operational controls, income from activities other than credit authorized according to its charter to compliance, and asset quality) at its card operations or trust activities and is engage in all types of permissible most recent examination; and authorized according to its charter to banking activities. (2) 2.0, in the case of any bank that engage in all types of permissible (iv) Independent credit card bank is a receives a composite UFIRS rating of 4 banking activities. or 5 and any Federal branch or agency national bank that engages primarily in * * * * * credit card operations and is not that receives a composite rating of 4 or affiliated with a full-service national 5 under the ROCA rating system at its Dated: May 24, 2001. bank. most recent examination. John D. Hawke, Jr., (v) Receivables attributable is the total 3. In § 8.6: Comptroller of the Currency. amount of outstanding balances due on A. A new paragraph (c)(1)(iii) is [FR Doc. 01–13723 filed 5–31–01; 8:45am] credit card accounts owned by an added; and BILLING CODE 4810–33–P
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REMINDERS NASA Inspector General Northeastern United States Television stations; table of The items in this list were hotline posters; published fisheries— assignments: editorially compiled as an aid 6-1-01 Atlantic deep-sea red Texas; comments due by 6- to Federal Register users. 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published 6- Project XL program; site- Health Care Financing Administration 1-01 COMMERCE DEPARTMENT specific projects— Employment-based petitions National Oceanic and Yolo County Landfill, Medicare and Medicaid: and applications; Premium Atmospheric Administration Davis, CA; comments Physicians’ referrals to Processing Service Fishery conservation and due by 6-8-01; health care entitties with establishment; published management: published 5-9-01 which they have financial 6-1-01 relationships; comments Magnuson-Stevens Act FEDERAL NATIONAL AERONAUTICS COMMUNICATIONS due by 6-4-01; published provisions— 4-4-01 AND SPACE Domestic fisheries; COMMISSION INTERIOR DEPARTMENT ADMINISTRATION exempted fishing Radio stations; table of Acquisition regulations: permits; comments due assignments: Fish and Wildlife Service Cost accounting standards by 6-6-01; published 5- Colorado; comments due by Endangered and threatened waivers; published 6-1-01 22-01 6-4-01; published 5-1-01 species:
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Critical habitat Muskegon Lake, MI; safety Lockheed-Georgia Model available online at http:// designations— zone; comments due by 1329-25, etc., airplanes; www.nara.gov/fedreg. Robust spineflower; 6-4-01; published 4-4-01 comments due by 6-4- correction; comments Regattas and marine parades: 01; published 5-4-01 The text of laws is not published in the Federal due by 6-4-01; Chester River, Kent Island Class E airspace; comments Register but may be ordered published 5-3-01 Narrows, MD; fireworks due by 6-4-01; published 5- in ‘‘slip law’’ (individual Rock gnome lichen; display; comments due by 4-01 pamphlet) form from the comments due by 6-4- 6-4-01; published 4-5-01 Class E5 airspace; comments Superintendent of Documents, 01; published 4-5-01 Seattle Seafair Unlimited due by 6-4-01; published 5- U.S. Government Printing Sacramento splittail; Hydroplane Race; 4-01 Office, Washington, DC 20402 comments due by 6-7-01; comments due by 6-5-01; TREASURY DEPARTMENT (phone, 202–512–1808). The published 4-6-01 published 5-8-01 Comptroller of the Currency text will also be made NATIONAL AERONAUTICS TRANSPORTATION Riegle-Neal Interstate Banking available on the Internet from AND SPACE DEPARTMENT and Branching Efficiency GPO Access at http:// ADMINISTRATION Disadvantaged business Act; implementation: www.access.gpo.gov/nara/ enterprises participation in index.html. Some laws may Acquisition regulations: Interstate branches used DOT financial assistance not yet be available. Safety and Health (Short primarily for deposit programs; memorandum of Form) clause; comments production; prohibition; understanding with Small H.R. 802/P.L. 107–12 due by 6-4-01; published comments due by 6-8-01; Business Administration, 4-5-01 published 4-9-01 Public Safety Officer Medal of etc.; comments due by 6-7- Valor Act of 2001 (May 30, Federal Acquisition Regulation 01; published 5-8-01 TREASURY DEPARTMENT (FAR): 2001; 115 Stat. 20) TRANSPORTATION Thrift Supervision Office Contractor responsibility, Last List May 30, 2001 DEPARTMENT Stock form depository labor relations costs, and Federal Aviation institution conversion to costs relating to legal and Federal stock association; other proceedings; Administration Airworthiness directives: comments due by 6-7-01; Public Laws Electronic withdrawn; comments due published 5-8-01 by 6-4-01; published 4-3- Airbus; comments due by 6- Notification Service 01 4-01; published 5-4-01 VETERANS AFFAIRS (PENS) DEPARTMENT Contractor responsibility, Boeing; comments due by labor relations costs, and 6-4-01; published 4-19-01 Board of Veterans Appeals: costs relating to legal and Dornier; comments due by Appeals regulations and PENS is a free electronic mail other proceedings; 6-4-01; published 5-4-01 rules of practice— notification service of newly enacted public laws. To comments due by 6-4-01; Jurisdiction clarification Eurocopter France; subscribe, go to http:// published 4-3-01 and proceedings comments due by 6-8-01; hydra.gsa.gov/archives/ notification procedures; TRANSPORTATION published 4-9-01 publaws-l.html or send E-mail comments due by 6-4- DEPARTMENT McDonnell Douglas; to [email protected] 01; published 4-4-01 Coast Guard comments due by 6-4-01; with the following text Anchorage regulations, published 4-19-01 message: regattas and marine Airworthiness standards: LIST OF PUBLIC LAWS SUBSCRIBE PUBLAWS-L parades, and ports and Special conditions— Your Name. waterways safety: Ayres Corp. Model LM This is a continuing list of Sail Detroit and Tall Ship 200 airplane; comments public bills from the current Note: This service is strictly Celebration, Detroit and due by 6-7-01; session of Congress which for E-mail notification of new Saginaw Rivers, MI; published 5-8-01 have become Federal laws. It laws. The text of laws is not safety zones; comments Bombardier Inc. Model may be used in conjunction available through this service. due by 6-8-01; published CL-600-1A11 airplanes; with ‘‘PLUS’’ (Public Laws PENS cannot respond to 4-9-01 comments due by 6-4- Update Service) on 202–523– specific inquiries sent to this Ports and waterways safety: 01; published 5-4-01 6641. This list is also address.
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TABLE OF EFFECTIVE DATES AND TIME PERIODS—JUNE 2001
This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)
DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION
June 1 June 18 July 2 July 16 July 31 August 30
June 4 June 19 July 5 July 19 August 3 Sept 4
June 5 June 20 July 5 July 20 August 6 Sept 4
June 6 June 21 July 6 July 23 August 6 Sept 4
June 7 June 22 July 9 July 23 August 6 Sept 5
June 8 June 25 July 9 July 23 August 7 Sept 6
June 11 June 26 July 11 July 26 August 10 Sept 10
June 12 June 27 July 12 July 27 August 13 Sept 10
June 13 June 28 July 13 July 30 August 13 Sept 11
June 14 June 29 July 16 July 30 August 13 Sept 12
June 15 July 2 July 16 July 30 August 14 Sept 13
June 18 July 3 July 18 August 2 August 17 Sept 17
June 19 July 5 July 19 August 3 August 20 Sept 17
June 20 July 5 July 20 August 6 August 20 Sept 18
June 21 July 6 July 23 August 6 August 20 Sept 19
June 22 July 9 July 23 August 6 August 21 Sept 20
June 25 July 10 July 25 August 9 August 24 Sept 24
June 26 July 11 July 26 August 10 August 27 Sept 24
June 27 July 12 July 27 August 13 August 27 Sept 25
June 28 July 13 July 30 August 13 August 27 Sept 26
June 29 July 16 July 30 August 13 August 28 Sept 27
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