10–9–02 Vol. 67 No. 196 Wednesday Oct. 9, 2002 Pages 62863–63048

10–9–02 Wednesday Vol. 67 No. 196 Oct. 9, 2002 Pages 62863–63048

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1 II Federal Register / Vol. 67, No. 196 / Wednesday, October 9, 2002

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2 III

Contents Federal Register Vol. 67, No. 196

Wednesday, October 9, 2002

Agricultural Marketing Service Defense Department NOTICES See Army Department Meetings: National Organic Standards Board, 62949–62950 Defense Nuclear Facilities Safety Board NOTICES Agriculture Department Recommendations: See Agricultural Marketing Service Safety-related software; quality assurance, 62960–62961 See Farm Service Agency See Forest Service Economic Development Administration See Rural Business-Cooperative Servic NOTICES See Rural Housing Service Agency information collection activities: See Rural Utilities Service Submission for OMB review; comment request, 62951 NOTICES Agency information collection activities: Education Department Submission for OMB review; comment request, 62946– NOTICES 62949 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Army Department Territories and Freely Associated States Educational NOTICES Program, 62961–62963 Meetings: U.S. Military Academy, Board of Visitors; correction, Employment and Training Administration 63019 NOTICES Adjustment assistance: Census Bureau Aerus, LLC, et al., 62989–62990 PROPOSED RULES EDS Corp et al., 62990–62991 Foreign trade statistics: Commerce Control List and U.S. Munitions List; items Employment Standards Administration requiring Shipper’s Export Declaration; Automated NOTICES Export System mandatory filing, 62911–62918 Agency information collection activities: Proposed collection; comment request, 62991–62992 Commerce Department See Census Bureau Energy Department See Economic Development Administration See Federal Energy Regulatory Commission See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: Environmental Management Site-Specific Advisory Commodity Futures Trading Commission Board— RULES Fernald Site, OH, 62963–62964 Commodity Futures Modernization Act; implementation: Trading facilities and clearing organizations; new Environmental Protection Agency regulatory framework; amendments, 62873–62880 RULES Air programs; approval and promulgation; State plans for Comptroller of the Currency designated facilities and pollutants: RULES Massachusetts, 62894–62896 Fees assessment Air quality implementation plans; approval and Correction, 62872–62873 promulgation; various States: Iowa, 62889–62891 Consumer Product Safety Commission Utah, 62891–62894 NOTICES PROPOSED RULES Agency information collection activities: Air quality implementation plans; approval and Proposed collection; comment request, 62958–62959 promulgation; various States: Submission for OMB review; comment request, 62959– Iowa, 62926 62960 NOTICES Meetings: Customs Service Gulf of Mexico Program Citizens Advisory Committee, RULES 62965 Articles conditionally free, subject to reduced rates, etc.: Pesticide, food, and feed additive petitions: Beverages made with Caribbean rum; duty-free treatment, Mycogen Seeds, 62967–62974 62880–62884 Pesticide registration, cancellation, etc.: PROPOSED RULES Insect Biotechnology, Inc., 62965–62967 Financial and accounting procedures: Reimbursable Customs services; hourly percentage of rate Executive Office of the President charge increase, 62920–62926 See Presidential Documents

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Farm Credit Administration Federal Trade Commission NOTICES NOTICES Meetings; Sunshine Act, 62974 Meetings; Sunshine Act, 62976

Farm Service Agency Fish and Wildlife Service RULES RULES Associations: Endangered and threatened species: Community Facilities Program Critical habitat designations— Correction, 63019 Kneeland Prairie penny-cress, 62897–62910 Farm marketing quotas, acreage allotments, and production PROPOSED RULES adjustments: Endangered and threatened species: Peanut market quota program termination and flue-cured Critical habitat designations— tobacco reserve stock level revision, 62871–62872 Ventura marsh milk-vetch, 62926–62945 NOTICES Federal Communications Commission Endangered and threatened species: NOTICES Recovery plans— Meetings; Sunshine Act, 62974–62975 Kneeland Prairie penny-cress, 62979 Endangered and threatened species permit applications, Federal Emergency Management Agency 62978 RULES Reports and guidance documents; availability, etc.: Disaster assistance: Pacific walrus, polar bear, and sea otter; marine mammal Federal assistance to individuals and households stock assessment reports, 62979–62983 Correction, 62896–62897 Food and Drug Administration NOTICES Federal Energy Regulatory Commission Agency information collection activities: PROPOSED RULES Submission for OMB review; comment request, 62977– Natural gas companies (Natural Gas Act) and Natural Gas 62978 Policy Act: Natural gas markets conference, 62918–62920 Forest Service NOTICES NOTICES Electric rate and corporate regulation filings: Environmental statements; notice of intent: Northeast Utilities Service Co. et al., 62964–62965 Klamath National Forest, CA; Comet Administrative Meetings; Sunshine Act, 62965 Study cancellation, 62950

Federal Housing Finance Board General Services Administration NOTICES NOTICES Meetings; Sunshine Act, 62975 Jurisdictional transfers: Mobile Point Light Station, Gulf Shores, AL; transfer to Federal Maritime Commission FWS, 62977 NOTICES Agreements filed, etc., 62975 Health and Human Services Department Complaints filed: See Food and Drug Administration Avalon Risk Management, Inc., 62975–62976 See Health Resources and Services Administration

Federal Motor Carrier Safety Administration Health Resources and Services Administration RULES NOTICES Motor carrier safety regulations: Meetings: Technical amendments Maternal and Child Health Research Grants Review Correction, 63019 Committee, 62978

Federal Railroad Administration Interior Department PROPOSED RULES See Fish and Wildlife Service Railroad accidents/incidents; reporting requirements: See Land Management Bureau Conformance to OSHA’s revised reporting requirements, See Minerals Management Service 63021–63048 See Reclamation Bureau NOTICES Agency information collection activities: International Trade Administration Proposed collection; comment request, 63010–63012 NOTICES Antidumping: Federal Reserve System Top-of-the-stove stainless steel cooking ware from— NOTICES Korea, 62951–62957 Banks and bank holding companies: Export trade certificates of review, 62957–62958 Formations, acquisitions, and mergers, 62976 International Trade Commission Federal Retirement Thrift Investment Board NOTICES NOTICES Agency information collection activities: Meetings; Sunshine Act, 62976 Submission for OMB review; comment request, 62989

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Labor Department Public Health Service See Employment and Training Administration See Food and Drug Administration See Employment Standards Administration See Health Resources and Services Administration

Land Management Bureau Reclamation Bureau NOTICES NOTICES Environmental statements; notice of intent: Central Valley Project Improvement Act: Eugene District, Lane and Douglas Counties, OR, 62984– Water management plans; evaluation criteria, 62988– 62985 62989 Realty actions; sales, leases, etc.: Nevada, 62985 Rural Business-Cooperative Service RULES Minerals Management Service Associations: NOTICES Community Facilities Program Agency information collection activities: Correction, 63019 Proposed collection; comment request, 62985–62987 Committees; establishment, renewal, termination, etc.: Rural Housing Service Minerals Management Advisory Board, 62987–62988 Reports and guidance documents; availability, etc.: RULES Information disseminated by Federal agencies; quality, Associations: objectivity, utility, and integrity guidelines, 62988 Community Facilities Program Correction, 63019 National Highway Traffic Safety Administration RULES Rural Utilities Service Motor vehicle safety standards: RULES Registration of importers and importation of motor Associations: vehicles not certified as conforming to Federal Community Facilities Program standards; fees schedule Correction, 63019 Correction, 62897 NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities: Southern Intertie Project, AK, 62950–62951 Submission for OMB review; comment request, 63012 Securities and Exchange Commission National Labor Relations Board NOTICES NOTICES Investment Company Act of 1940: Organization, functions, and authority delegations: Exemption applications— General Counsel, 62992–62993 Charles Schwab Family of Funds et al., 62995–62997 Meetings; Sunshine Act, 62997 National Oceanic and Atmospheric Administration Self-regulatory organizations; proposed rule changes: RULES American Stock Exchange LLC, 62997–62999 Fishery conservation and management: Chicago Stock Exchange, Inc., 62999–63001 Alaska; fisheries of Exclusive Economic Zone— National Association of Securities Dealers, Inc., 63001– Pollock, 62910 63004 NOTICES New York Stock Exchange, Inc., 63004–63006 Meetings: Options Clearing Corp., 63006–63009 National Sea Grant Review Panel, 62958 Small Business Administration Nuclear Regulatory Commission NOTICES RULES Disaster loan areas: Byproduct material; medical use: Georgia, 63009 Revision Mississippi, 63009 Correction, 62872 Texas, 63009–63010 Postal Rate Commission NOTICES State Department Domestic rates, fees, and mail classifications: RULES Experimental mail classification cases— Consular services; fee schedule, 62884–62886 Co-palletized periodicals mail, 62993–62995 Thrift Supervision Office Presidential Documents NOTICES PROCLAMATIONS Agency information collection activities: Special observances: Proposed collection; comment request, 63016–63017 Child Health Day (Proc. 7603), 62865–62866 Submission for OMB review; comment request, 63017– Fire Prevention Week (Proc. 7602), 62863–62864 63018 German-American Day (Proc. 7604), 62867–62868 EXECUTIVE ORDERS Transportation Department International Longshore and Warehouse Union; creation of See Federal Motor Carrier Safety Administration board of inquiry to report on labor dispute (EO 13275), See Federal Railroad Administration 62869 See National Highway Traffic Safety Administration

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Treasury Department Separate Parts In This Issue See Comptroller of the Currency See Customs Service See Thrift Supervision Office Part II RULES Department of Transportation, Federal Railroad Privacy Act; implementation, 62886–62887 Administration, 63021–63048 NOTICES Privacy Act: Systems of records, 63012–63016 Reader Aids Veterans Affairs Department Consult the Reader Aids section at the end of this issue for RULES phone numbers, online resources, finding aids, reminders, Disabilities rating schedule: and notice of recently enacted public laws. Skin Correction, 62889 To subscribe to the Federal Register Table of Contents Medical benefits: LISTSERV electronic mailing list, go to http:// Hospital and outpatient care provision to veterans; listserv.access.gpo.gov and select Online mailing list national enrollment system, 62887–62889 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7602...... 62863 7603...... 62865 7604...... 62867 Executive Orders: 13275...... 62869 7 CFR 723...... 62871 729...... 62871 1942...... 63019 10 CFR 20...... 62872 32...... 62872 35...... 62872 12 CFR 8...... 62872 15 CFR Proposed Rules: 30...... 62911 17 CFR 37...... 62873 38...... 62873 39...... 62873 40...... 62873 18 CFR Proposed Rules: 154...... 62918 161...... 62918 250...... 62918 284...... 62918 19 CFR 10...... 62880 163...... 62880 178...... 62880 Proposed Rules: 24...... 62920 101...... 62920 22 CFR 22...... 62884 31 CFR 1...... 62886 38 CFR 17...... 62887 36...... 62889 40 CFR 52 (2 documents) ...... 62889, 62891 62...... 62894 Proposed Rules: 52...... 62926 44 CFR 206...... 62896 49 CFR 350...... 63019 390...... 63019 594...... 62897 Proposed Rules: 219...... 63022 225...... 63022 240...... 63022 50 CFR 17...... 62897 679...... 62910 Proposed Rules: 17...... 62926

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Proclamation 7603 of October 4, 2001

Child Health Day, 2002

By the President of the United States of America

A Proclamation

On Child Health Day, we renew our commitment to the well-being and safety of our children. Parents, families, teachers, and neighbors all play important roles in preparing children to face life’s physical, spiritual, intellec- tual, and emotional demands. For the future of our country, we must work together to provide our young people with the knowledge and skills they need to be safe, self-confident, and successful. From maintaining a healthy environment and high safety standards to providing immunizations and quality health care, children rely on our vigilance and support. Each year, 30 million children require emergency care due to acute illness and injury. We can all take important steps to help prevent these accidents and to improve the health and safety of young Americans. Parents and other caregivers should be aware of the latest safety precautions and pay careful attention to consumer safety warnings. They should always secure infants, toddlers, and small children in safety seats and booster seats. Children should be taught always to wear their seatbelts when riding in a vehicle and to use protective gear when riding a bicycle, roller blading, skate boarding, playing sports, and participating in other similar activities. Parents should set a good example by refraining from smoking and should teach their children about the health risks of tobacco, drugs, and alcohol. Child obesity has become a serious problem in this country. About 8 million young Americans—almost 15 percent of all children—are overweight. Obesity can cause medical complications that can lead to hospitalization for type 2 diabetes, sleep apnea, and asthma. Ensuring regular participation in physical activity can help children manage weight, control blood pressure, and maintain healthy bones, muscles, and joints. My Administration is strongly committed to advancing programs that help children discover and understand the benefits of healthy living. The recently introduced HealthierUS Initiative will help Americans improve their health and quality of life through modest improvements in physical activity, nutrition, getting preventive screenings, and making healthy choices. Families play a vital role and can help to promote and encourage these beneficial habits. By committing ourselves to health and safety, we better enable young people to achieve their goals, live longer, fuller lives, and we strengthen our Nation. The Congress, by a joint resolution approved May 18, 1928, as amended (36 U.S.C. 105), has called for the designation of the first Monday in October as ‘‘Child Health Day’’ and has requested the President to issue a proclamation in observance of this day. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim Monday, October 7, 2002, as Child Health Day. On this day, and on every day throughout the year, I call upon families, schools, child health professionals, communities, and governments to help all of our children discover the rewards of good health and wellness.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of October, in the year of our Lord two thousand two, and of the Independ- ence of the United States of America the two hundred and twenty-seventh. W

[FR Doc. 02–25898 Filed 10–8–02; 8:45 am] Billing code 3195–01–P

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Proclamation 7604 of October 4, 2002

German-American Day, 2002

By the President of the United States of America

A Proclamation

As the oldest and longest-lived democracy in the world, our Nation is committed to promoting freedom, protecting liberty, and pursuing peace. For over 225 years, America has been a place where people have come to realize their dreams and enjoy the blessings of religious tolerance and individual rights. In 1683, 13 immigrant families left Germany to escape religious persecution and establish the first German settlement in North America in Germantown, Pennsylvania. Since that time, more than 7 million German immigrants have come to America, and through hard work, innovation, and dedication, they have influenced our Nation and strengthened our country. Each year, we celebrate German-American Day, which offers us the chance to reflect on the proud and important contributions that German Americans have made to the United States. Carl Schurz, who emigrated from the Rhineland, served as a United States Senator and Secretary of the Interior. He said that German immigrants ‘‘could render no greater honor to their former fatherland than by becoming conscientious and faithful citizens of their new country.’’ As farmers, businessmen, scientists, artists, teachers, and politicians, German Americans have contributed to the values that make our Nation strong. Through his artistic abilities as a cartoonist and caricaturist during and following the Civil War, Thomas Nast established himself as a political voice for the underprivileged and champion of equal rights for all citizens. The important work of Joseph Pulitzer helped to create the American legacy of freedom of the press and to advance the field of journalism. Oscar Hammer- stein is known as an integral figure in the history of the United States opera for building his second Manhattan Opera House in addition to several other theaters. This tradition of excellence continued with the musical talents of his grandson, Oscar Hammerstein II, as he elevated the American musical comedy to musical theater that Americans enjoy today. The efforts of German- American entrepreneurs Levi Strauss, the creator of blue jeans, and Walter Percy Chrysler, the first president of Chrysler Corporation in 1925, reflect the entrepreneurial spirit of our country. Today, German Americans continue to serve this Nation with distinction in our Armed Forces, in our communities, and throughout all sectors of our society. On this day, we recognize the important and continuing relationship between Germany and the United States. Our friendship was forged after World War II and is based on mutual support and respect. Germany showed meaningful support for the United States after the September 11, 2001, terrorist attacks. On this day, I am pleased to call all Americans to celebrate the contributions that German Americans have made to our Nation. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 6, 2002, as

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German-American Day. I encourage all Americans to recognize the contributions of our citizens of German descent to the liberty and prosperity of the United States, and to celebrate our close ties to the people of Germany. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of October, in the year of our Lord two thousand two, and of the Independ- ence of the United States of America the two hundred and twenty-seventh. W

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Federal Register Presidential Documents Vol. 67, No. 196

Wednesday, October 9, 2002

Title 3— Proclamation 7602 of October 4, 2002

The President Fire Prevention Week, 2002

By the President of the United States of America

A Proclamation

Every year, fires needlessly take lives and destroy homes, natural habitats, and livelihoods. This year, as we observe Fire Prevention Week, I ask all citizens to take responsible steps to prevent fires at home and outdoors and to ensure that safety and emergency plans are in place and in practice. Approximately 3,500 Americans die each year in home fires; and 85 percent of all annual fire fatalities occur in residences. To prevent this tragic loss of life, the National Fire Protection Association, in partnership with the Federal Emergency Management Agency, the United States Fire Administra- tion, and America’s 26,354 fire departments, is sponsoring the 2002 Fire Prevention Week campaign, ‘‘Team Up for Fire Safety.’’ I encourage all Americans to heed the recommendations of fire safety experts by ensuring that every home is equipped with the appropriate number of properly installed and maintained smoke alarms and that every family has fire safety and escape plans. These measures will help to prevent fires and protect our families, our communities, and our firefighters. America has faced a devastating wildfire season this year, and much wildlife habitat has been destroyed by fires in our overgrown forests. To reduce the threat of these catastrophic wildfires and to restore the health of America’s forests, we must continue to develop improved forest management plans. My Healthy Forests Initiative aims to ensure our environment’s health by thinning dangerous overgrowth. Firefighters and forest experts agree that we could strengthen the health of our forests by targeted thinning of dense forests and quickly restoring fire- damaged areas to prevent erosion. Through these improved forest policies, we can protect our citizens, prevent catastrophic fires, preserve healthy forests, and sustain wildlife habitat. During Fire Prevention Week, our Nation also gives thanks for the invaluable service rendered by our firefighters, who risk their lives to preserve and protect our communities. These courageous public servants have inspired us with their dedication and professionalism. On September 11, 2001, we saw that our brave firefighters are among America’s greatest heroes. As we remember the sacrifice of so many firefighters that day, let us draw great strength from their example of selfless service to others. These firefighters embodied the best of the American spirit. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 6 through October 12, 2002, as Fire Prevention Week. On Sunday, October 6, 2002, pursuant to Public Law 107–51, flags will be flown at half-staff on all Federal office buildings in honor of the National Fallen Firefighters Memorial Service. I invite the people of the United States to participate in this observance by flying our Nation’s flag over their homes at half-staff on this day, to mark this week with appropriate programs and activities, and to renew efforts throughout the year to prevent fires and their tragic consequences.

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[FR Doc. 02–25897 Filed 10–8–02; 8:45 am] Billing code 3195–01–P

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Executive Order 13275 of October 7, 2002

Creating a Board of Inquiry To Report on Certain Labor Dis- putes Affecting the Maritime Industry of the United States

WHEREAS, there exists a labor dispute between, on the one hand, employees represented by the International Longshore and Warehouse Union and, on the other hand, employers and the bargaining association of employers who are (1) U.S. and foreign steamship companies operating ships or employed as agents for ships engaged in service to or from the Pacific Coast ports in California, Oregon, and Washington, and (2) stevedore and terminal companies operating at ports in California, Oregon, and Washington; and WHEREAS, such dispute has resulted in a lock-out that affects a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation (including the transportation of military supplies), transmission, and communication among the several States and with foreign nations; and WHEREAS, a continuation of this lock-out, if permitted to continue, will imperil the national health and safety; NOW, THEREFORE, by virtue of the authority vested in me by section 206 of the Labor Management Relations Act, 1947 (61 Stat. 155; 29 U.S.C. 176) (the ‘‘Act’’), I hereby create a Board of Inquiry consisting of such members as I shall appoint to inquire into the issues involved in such dispute. The Board shall have powers and duties as set forth in title II of the Act. The Board shall report to me in accordance with the provisions of section 206 of the Act no later than October 8, 2002. Upon the submission of its report, the Board shall continue in existence in order to perform any additional functions under the Act, including those functions set forth in section 209(b), but shall terminate no later than upon completion of such functions. W

THE WHITE HOUSE, October 7, 2002.

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Rules and Regulations Federal Register Vol. 67, No. 196

Wednesday, October 9, 2002

This section of the FEDERAL REGISTER Executive Order 12988 729 will not affect the 2001 and contains regulatory documents having general preceding crops. Those crops remain applicability and legal effect, most of which This final rule has been reviewed in accordance with Executive Order 12988. subject to the previous rules. are keyed to and codified in the Code of Second, in the law that preceded the The provisions of this final rule do not Federal Regulations, which is published under 2002 Act, the reserve stock level for flue preempt State laws, are not retroactive, 50 titles pursuant to 44 U.S.C. 1510. cured tobacco was set to be the greater and do not involve administrative of 100,000 pounds (farm sales weight) or The Code of Federal Regulations is sold by appeals. the Superintendent of Documents. Prices of 15 percent of the national quota for that new books are listed in the first FEDERAL Paperwork Reduction Act tobacco for the marketing year REGISTER issue of each week. Section 1601(c) of the 2002 Act immediately preceding the marketing provides that the promulgation of year for which the determination is regulations and the administration of being made. Section 1610 of the 2002 DEPARTMENT OF AGRICULTURE Title I of the 2002 Act shall be done Act changed 100,000 pounds to 60,000 pounds and 15 percent to 10 percent. Farm Service Agency without regard to chapter 5 of title 44 of the United States Code, the This rule implements that change too. Reserve stock levels serve a function in 7 CFR Parts 723 and 729 Paperwork Reduction Act. Accordingly, these regulations and the forms and the calculation of national tobacco RIN 0560–AG75 other information collection activities quotas. 2002 Farm Bill Regulations— need to administer the program List of Subjects authorized by these regulations are not Termination of Peanut Market Quota 7 CFR Part 723 Program and Revised Flue-Cured subject to review by the Office of Agricultural commodities, Marketing Tobacco Reserve Stock Level Management and Budget under the Paperwork Reduction Act. Further, this quotas, Price support programs, Tobacco AGENCY: Farm Service Agency, rule does not contain new information 7 CFR Part 729 Agriculture. collections or revise those collection ACTION: Final Rule. currently approved by OMB. Agricultural commodities, Marketing quotas, Price support programs SUMMARY: This rule takes two actions to Regulatory Flexibility Act Accordingly, chapter VII is amended reflect new law enacted in the Farm The Regulatory Flexibility Act is not as follows: Security and Rural Investment Act of applicable to this final rule because FSA 2002 (2002 Act). First, rules for the now is not required by 5 U.S.C. 553 or any PART 723—TOBACCO terminated (as to 2002 and subsequent other law to publish a notice of crops) marketing quota program for 1. The authority citation for 7 CFR proposed rulemaking for the subject of part 723 is revised to read as follows: peanuts are removed. Second, the this rule. ‘‘reserve stock level’’ for flue-cured Authority: 7 U.S.C. 1301 et seq.; 7 U.S.C. tobacco (used to set quotas) is changed. Unfunded Federal Mandates 1421; 7 U.S.C. 1445–1 and 1445–2. These two actions simply implement This rule contains no Federal 2. Amend section 723.503 by revising new law and in that sense are mandates for State, local, and tribal paragraph (a)(3) to read as follows: ministerial only. governments or the private sector as EFFECTIVE DATE: October 9, 2002. defined under the regulatory provisions § 723.503 Establishing the quotas. FOR FURTHER INFORMATION CONTACT: of Title II of the Unfunded Mandate (a) * * * Daniel J. Stevens, USDA, Farm Service Reform Act (UMRA). Thus, this rule is (3) Reserve stock level adjustment. Agency, STOP 0514, 1400 not subject to the requirements of The total calculated by adding the sums Independence Avenue, SW., sections 202 and 205 of the UMRA. of paragraphs (a)(1) and (a)(2) of this Washington, DC 20250–0514, telephone section may be adjusted by the Director Background 202–720–5291. Electronic mail: as necessary to maintain inventories of [email protected]. Sections 1309 and 1310 of the 2002 producer loan associations for burley SUPPLEMENTARY INFORMATION: Act terminated, beginning with the 2002 and flue-cured tobacco at the reserve crop, the long standing marketing quota stock level. For burley, the reserve stock Executive Order 12866 and price support program for peanuts. level is the larger of 50 million pounds This final rule has been determined to New and differing peanut programs farm sales weight or 15 percent of the be not significant for purposes of were enacted in the same legislation. previous year’s national market quota. Executive Order 12866 and has not been This rule removes, because of the new For flue-cured, the reserve stock level is reviewed by OMB. law, the marketing quota regulations in the larger of 60 million pounds or 10 Chapter VII of Title 7 of the Code of percent of the previous year’s quota. Federal Assistance Program Federal Regulations (CFR), specifically The Director shall consider supply The title and number of the Federal those at 7 CFR part 729. Removal of the conditions when making any Assistance Program, as found in the price support regulations contained in adjustment and a downward adjustment Catalog of Federal Domestic Assistance, Chapter XIV of Title 7 of the CFR will for burley tobacco may not exceed either to which this rule applies are: be covered by separate notice as will 35 million pounds farm sales weight or Commodity Loans and Loan Deficiency rules for the new program enacted in the 50 percent of the amount by which loan Payments—10.051. 2002 Act. The revised text of 7 CFR part inventories exceed the reserve stock

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level, whichever is larger. If the 1. On page 20253, third column, For the Nuclear Regulatory Commission. uncommitted pool stocks of burley second paragraph, tenth line, the word Michael T. Lesar, tobacco for 2001 and subsequent crops ‘‘Specialities’’ should read Chief, Rules and Directives Branch, Division equal or are less than the reserve stock ‘‘Specialties.’’ of Administrative Services, Office of level, then the downward adjustment in 2. On page 20260, first column, Administration. quota for that year may be made based second complete paragraph, tenth line, [FR Doc. 02–25658 Filed 10–8–02; 8:45 am] on the reserve stock level for that kind the word ‘‘Specialities’’ should read BILLING CODE 7590–01–P of tobacco, with no downward ‘‘Specialties.’’ limitation. 3. On page 20342, second column, * * * * * 14th line, ‘‘2120 L Street NW. (Lower DEPARTMENT OF THE TREASURY Level), Washington, DC’’ should read PART 729—[Revised] ‘‘One White Flint North, 11555 Office of the Comptroller of the Rockville Pike, Room O–1F21, Currency 3. 7 CFR Part 729 is revised to read Rockville, MD 20852.’’ as follows: 4. On page 20350, first column, 25th 12 CFR Part 8 line, insert the word ‘‘contains’’ after the PART 1729—PEANUT MARKETING word ‘‘INFORMATION.’’ [Docket No. 02–12A] QUOTAS § 20.1002 [Amended] RIN 1557–AC00 Authority: 7 U.S.C. 7271; 15 U.S.C. 714b- 5. In § 20.1002, 19th line, the comma Assessment of Fees c; 7 U.S.C. 7959. after the word ‘‘released’’ should be § 729.1 Applicablity to 1996 through 2001 deleted. AGENCY: Office of the Comptroller of the crops of peanuts. § 20.1003 [Amended] Currency (OCC), Treasury. Sections 1309 and 1310 of the Farm 6. In § 20.1003, Occupational dose, ACTION: Final rule; technical correction. Security Rural Investment Act of 2002 15th line, the comma after the word terminated, beginning with the 2002 SUMMARY: This final rule makes a ‘‘released’’ should be deleted. correction to the final rule that the OCC crop, the marketing quota and price 7. In § 20.1003, Public dose, 12th line, published in the Federal Register on support program for peanuts. However, the comma after the word ‘‘released’’ September 11, 2002 (67 FR 57509) 7 CFR part 729, revised as of January 1, should be deleted. 2002 continues to apply to the 1996 amending 12 CFR 8.2(a). That provision through 2001 crops of peanuts. § 20.1301 [Amended] sets forth the formula for the 8. In § 20.1301(a)(1), tenth line, the semiannual assessment the OCC charges Signed at Washington, DC on September each national bank. 12, 2002. comma after the word ‘‘released’’ should James R. Little, be deleted. EFFECTIVE DATE: This final rule is effective on October 9, 2002. Administrator, Farm Service Agency. § 32.72 [Amended] [FR Doc. 02–25271 Filed 10–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: 9. In § 32.72, last line, after Michele Meyer, Counsel, Legislative and BILLING CODE 3410–05–P ‘‘35.55(b)’’, insert the words ‘‘or, prior to Regulatory Activities Division, 202– October 25, 2004, 10 CFR 35.980(b).’’ 874–5090. NUCLEAR REGULATORY § 35.6 [Amended] SUPPLEMENTARY INFORMATION: On COMMISSION 10. In § 35.6(c), fifth line, the word November 16, 2001, the OCC published ‘‘license’’ should read ‘‘licensee.’’ a final rule in the Federal Register that 10 CFR Parts 20, 32, and 35 amended 12 CFR 8.2(a), which sets forth § 35.12 [Amended] the formula for the semi-annual RIN 3150–AF74 11. In § 35.12(c)(1)(i), second line, the assessment that the OCC charges word ‘‘Licens’’ should read ‘‘License.’’ Medical Use of Byproduct Material; national banks. 66 FR 57645 (November Correction § 35.13 [Amended] 16, 2001). The objective of the rulemaking, as described in the 12. In § 35.13(b)(1), fifth line, ‘‘35.910, AGENCY: Nuclear Regulatory preambles to the proposed and final 35.920, 35.930, 35.932, 35.934, 35.940, Commission. rules, was to revise 12 CFR 8.2(a) only. 35.941, 35.950, or 35.960’’ should read ACTION: Final rule: correction. However, in the published final rule, 12 ‘‘35.910(a), 35.920(a), 35.930(a), CFR 8.2(a)(1) through (a)(6) were 35.940(a), 35.950(a), or 35.960(a)’’. SUMMARY: This document corrects a inadvertently deleted. 66 FR at 57647– final rule appearing in the Federal 13. In § 35.13(b)(2), fourth line, ‘‘35.980’’ should read ‘‘35.980(a).’’ 48. A final rule published September 11, Register on April 24, 2002 (67 FR 2002 restored those deleted provisions 20250). This action in necessary to 14. In § 35.13(b)(3), third line, ‘‘35.961’’ should read ‘‘35.961(a) or (b).’’ of the regulation. 67 FR 57509 correct typographic and editorial errors. (September 11, 2002). EFFECTIVE DATE: October 24, 2002. § 35.40 [Amended] However, the September 11, 2002 FOR FURTHER INFORMATION CONTACT: 15. In § 35.40(a), fourth line, the word final rule also restored erroneously 12 Anthony Tse, Office of Nuclear Material ‘‘Megabequerels’’ should read CFR 8.2(a)(7), which had been removed Safety and Safeguards, U.S. Nuclear ‘‘Megabecquerels.’’ in a prior rulemaking. 66 FR 29890 Regulatory Commission, Washington, (June 1, 2001). Today’s final rule again DC 20555–0001, telephone (301) 415– § 35.51 [Amended] removes that provision from the 6233; e-mail [email protected]. 16. In § 35.51(b)(1), eighth line, the regulation. SUPPLEMENTARY INFORMATION: words ‘‘an individual who meets the This final rule takes effect In rule FR Doc. 02–9663 published requirements for’’ should be deleted. immediately. The OCC has concluded April 24, 2002, (67 FR 20250) make the Dated at Rockville, Maryland, this 3rd day that the notice and comment procedures following corrections: of October, 2002. prescribed by the Administrative

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Procedure Act are unnecessary because (5) The specific marginal rates and SUMMARY: The Commodity Futures this rule corrects a technical error complete assessment schedule will be Trading Commission (Commission or without substantive change to the published in the ‘‘Notice of Comptroller CFTC) is adopting a number of technical provision of § 8.2(a). See 5 U.S.C. of the Currency Fees’’, provided for at amendments to its rules implementing 553(b)(3)(B). Cf. United States National § 8.8 of this part. Each semiannual the Commodity Futures Modernization Bank of Oregon v. Independent assessment is based upon the total Act of 2000 with respect to trading Insurance Agents of America, Inc., 508 assets shown in the bank’s most recent facilities and clearing organizations. The U.S. 439, 462 (1993) (error in ‘‘Consolidated Report of Condition rules add new categories of exchange punctuation construed so as not to (Including Domestic and Foreign rules or rule amendments that need not defeat the ‘‘true meaning’’ of a Federal Subsidiaries)’’ (Call Report) preceding be approved by or self-certified to the law that relocated but did not repeal the the payment date. The assessment shall Commission; amend the definitions of statutory provision authorizing national be computed in the manner and on the ‘‘rule’’ and ‘‘dormant contract;’’ add banks to sell insurance). form provided by the Comptroller of the new definitions of ‘‘dormant contract Currency. Each bank subject to the market,’’ ‘‘dormant derivatives List of Subjects in 12 CFR Part 8 jurisdiction of the Comptroller of the transaction execution facility,’’ and National banks, Reporting and Currency on the date of the second or ‘‘dormant derivatives clearing recordkeeping requirements. fourth quarterly Call Report required by organization’’; and add a procedure for Accordingly, 12 CFR part 8 is the Office under 12 U.S.C. 161 is subject listing or relisting products for trading amended by making the following to the full assessment for the next six- on a registered entity that has become correcting amendments: month period. dormant. (6)(i) Notwithstanding any other EFFECTIVE DATE: November 8, 2002. PART 8—ASSESSMENT OF FEES provision of this part, the OCC may FOR FURTHER INFORMATION CONTACT: reduce the semiannual assessment for 1. The authority citation for part 8 Nancy E. Yanofsky, Assistant Chief each non-lead bank by a percentage that continues to read as follows: Counsel, Division of Market Oversight, it will specify in the Notice of Commodity Futures Trading Authority: 12 U.S.C. 93a, 481, 482, 1867, Comptroller of the Currency Fees Commission, Three Lafayette Centre, 3102, and 3108; 15 U.S.C. 78c and 78l; and described in § 8.8. 26 D.C. Code 102. (ii) For purposes of this paragraph 1155 21st Street, NW., Washington, DC (a)(6): 20581. Telephone: (202) 418–5260. 2. In § 8.2, paragraphs (a)(1) through e-mail: [email protected]. (a)(6), respectively, are republished and (A) Lead bank means the largest SUPPLEMENTARY INFORMATION: paragraph (a)(7) is removed, to read as national bank controlled by a company, follows: based on a comparison of the total assets I. Background held by each national bank controlled § 8.2 Semiannual assessment. by that company as reported in each The Commission, on August 10, 2001, (a) * * * bank’s Call Report filed for the quarter promulgated rules implementing the (1) Every national bank falls into one immediately preceding the payment of a provisions of the Commodity Futures of the ten asset-size brackets denoted by semiannual assessment. Modernization Act of 2000 (CFMA) 1 Columns A and B. A bank’s semiannual (B) Non-lead bank means a national relating to trading facilities. 66 FR assessment is composed of two parts. bank that is not the lead bank controlled 42256. These rules, parts 36 through 40 The first part is the calculation of a base by a company that controls two or more of the Commission’s rules, became amount of the assessment, which is national banks. effective on October 9, 2001. computed on the assets of the bank up (C) Control and company have the The CFMA profoundly altered federal to the lower endpoint (Column A) of the same meanings as these terms have in regulation of commodity futures and bracket in which it falls. This base sections 2(a)(2) and 2(b), respectively, of option markets. The new statutory amount of the assessment is calculated the Bank Holding Company Act of 1956 framework established two categories of by the OCC in Column C. (12 U.S.C. 1841(a)(2) and (b)). markets subject to Commission (2) The second part is the calculation * * * * * regulatory oversight, designated contract markets (contract markets) and by the bank of assessments due on the Dated: September 25, 2002. remaining assets of the bank in excess registered derivatives transaction Julie L. Williams, of Column E. The excess is assessed at execution facilities (DTFs), and two the marginal rate shown in Column D. First Senior Deputy Comptroller and Chief categories of exempt markets, exempt Counsel. (3) The total semiannual assessment is boards of trade and, under section the amount in Column C, plus the [FR Doc. 02–25634 Filed 10–8–02; 8:45 am] 2(h)(3) of the Commodity Exchange Act amount of the bank’s assets in excess of BILLING CODE 4810–33–P (Act), exempt commercial markets. The Column E times the marginal rate in Commission’s rules relating to trading Column D: Assessments = C+[(Assets facilities established administrative ¥ E) × D]. COMMODITY FUTURES TRADING procedures necessary to implement the (4) Each year, the OCC may index the COMMISSION CFMA, interpreted certain of the marginal rates in Column D to adjust for CFMA’s provisions and provided the percent change in the level of prices, 17 CFR Parts 37, 38, 39 and 40 guidance on compliance with various of as measured by changes in the Gross RIN 3038–AB63 its requirements. In addition, the Domestic Product Implicit Price Deflator Commission, under its exemptive (GDPIPD) for each June-to-June period. Amendments to New Regulatory authority, in a limited number of The OCC may at its discretion adjust Framework for Trading Facilities and instances, provided relief from, or marginal rates by amounts less than the Clearing Organizations 1 The CFMA was intended, in part, ‘‘to promote percentage change in the GDPIPD. The AGENCY: Commodity Futures Trading OCC will also adjust the amounts in innovation for futures and derivatives,’’ ‘‘to reduce Commission. systemic risk,’’ and ‘‘to transform the role of the Column C to reflect any change made to ACTION: Final rules. Commission to oversight of the futures markets.’’ the marginal rate. See section 2 of the CFMA.

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greater flexibility than, the CFMA’s approval. The Commission originally organization, to accept a product for provisions. used ‘‘initial listing’’ to mark the clearing), it must demonstrate that it On April 26, 2002, the Commission beginning of the exemptive period based continues to satisfy the criteria for proposed a limited number of upon its belief that registered entities designation or registration.4 In making amendments responding to initial issues routinely would certify products to the such a demonstration, a registered entity that had arisen in administering its Commission shortly before trading was may rely upon previously-submitted implementing rules, or which are imminent as permitted by rule 40.2. materials that still pertain to, and technical in nature. 67 FR 20702. The However, many exchanges have accurately describe, current conditions. Commission received three comment continued their prior practice of No comments were received letters, all from contract markets. The fulfilling regulatory requirements well concerning these proposed amendments commenters generally supported the in advance of a product’s anticipated on dormant markets and products and proposed rules, but expressed concern listing date. In addition, some the Commission is adopting the rules as about the intended scope of the exchanges have certified to the proposed. proposed amendments relating to self- Commission, but have never listed for B. Product Approval Procedures certification of exchange fees. The trading, a number of new products. Commission agrees with these Accordingly, the Commission proposed Contract markets or DTFs may request comments, and is amending rule 40.6(c) that the exemptive period under the that the Commission review and to better describe those categories of dormant contract definition begin approve new products and new rules or exchange fees that will be subject to the running from the time of certification or rule amendments. The Commission self-certification requirement and those Commission approval. Second, in light proposed amending rules 40.3 and 40.5 that will not. In all other respects, the of the far greater rapidity with which to include a provision similar to that for Commission is adopting the rules as markets innovate and change today applications for contract market proposed.2 compared to when the dormant contract designation and DTF registration, that the applicant or submitting entity II. The Final Rules rule was first promulgated and the lessened burden of a simple self- identify with particularity information A. Dormant Contract Markets and certification compared to the previous in the submission that will be subject to Products requirement that dormant contracts be a request for confidential treatment and support that request for confidential The Commission has long required approved by the Commission prior to treatment with reasonable justification. boards of trade, before relisting a relisting, and for consistency with the See rules 38.3(a)(5) and 37.5(b)(5). As dormant contract for trading, to operation of other rules, the proposed, rule 40.3 also provided that demonstrate that the contract continues Commission proposed to amend rule the terms and conditions of products for to meet the Act’s requirements. See 17 40.1 to reduce the grace period during which approval is voluntarily requested CFR 5.2. This requirement was based which a new contract is exempt from will be made publicly available at the upon the premise that contracts that being defined as dormant from 60 to 36 time of their submission to the have been dormant for a significant complete calendar months. Commission to enable the Commission, period of time may not have been The Commission also proposed to by obtaining the views of market updated to reflect intervening changes amend rule 40.2 so that it would apply participants and others, to ascertain in cash-market practices, and therefore in instances where the registered entity whether the proposed product would be may no longer meet applicable statutory itself has become dormant. Prior to readily susceptible to manipulation, or and regulatory requirements. enactment of the CFMA, the term otherwise violate the Act.5 Finally, the Accordingly, the relisting of a dormant ‘‘designated contract market’’ denoted the Commission-approved products contract was treated in some respects 4 3 The definitions of ‘‘dormant contract market,’’ similarly to the designation of a new traded on a board of trade. ‘‘dormant derivatives transaction execution contract. Accordingly, prior to the CFMA, a board facility,’’ and ‘‘dormant derivatives clearing Part 40 of the Commission’s rules of trade’s initial application for organization’’ provide for a 36-month initial implementing the CFMA retains the designation as a contract market in a exemptive period that would begin when the Commission issues an order, including conditional concept that the Act’s requirements for commodity triggered review of both the orders, designating a contract market or registering listing a new product for trading should general requirements for designation as a DTF or a derivatives clearing organization. also be applicable when relisting a a contract market as well as those The Commission is also adopting, as proposed, dormant contract for trading. requirements that were product-specific. two technical amendments related to continuing If a board of trade determined to relist goodstanding designation or registration status. The Specifically, Commission rule 40.2 first makes clear that the notification procedure requires that, before either listing a a contract for trading after all of its available to contract markets to operate as a DTF contract or relisting a dormant contract contracts had become dormant, the applies only to active contract markets. for trading, registered entities certify Commission would have reviewed both Accordingly, before using this notification the terms and conditions of the product procedure, dormant contract markets must reinstate that the product complies with the Act. their active contract market status. Of course, they The Commission proposed amending its to be relisted as well as whether the could also become a registered DTF by application. part 40 requirements relating to dormant board of trade continued to meet the The second provides that, upon a change of contracts in two ways. general designation requirements. The ownership of a contract market or DTF, the new First, the Commission proposed to Commission proposed to amend parts owners must certify that the facility continues to meet the respective designation or registration revise the exemptive period in the 37, 38, 39 and 40 of its rules to clarify requirement. definition of ‘‘dormant contract’’ in rule that, when a registered entity that has 5 Commission staff routinely conduct trade 40.1 from the time following ‘‘initial become dormant determines to list or interviews when reviewing novel instruments to listing’’ to the time following initial relist an initial product for trading (or in ascertain the relative susceptibility of a product to being manipulated. To be meaningful, these exchange certification or Commission the case of a derivatives clearing interviews require the release of the proposed instrument’s terms and conditions. Generally, the 2 The Commission will consider as appropriate 3 In contrast, the CFMA redefined the meaning of Commission also intends to continue its long- additional amendments to the rules implementing ‘‘designated contract market’’ to refer to the standing practice of requesting public comment on the CFMA related to trading facilities based upon approved or licensed facility on which futures the terms and conditions of new products under further administrative experience. contracts and commodity options are traded. review for Commission approval by publication of

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Commission proposed a new rule 40.8 read to require the exchanges to certify exclude from its meaning exchange to make clear that all other information all fees and fee changes of $1.00 or actions relating to the setting of margin required by the core principles to be more, including fees established by an levels, except with respect to security made public by a registered entity will independent third party and fees that futures products and contracts on stock be treated as public information by the are administrative in nature. The indices. Prior to the CFMA, section Commission at the time the Commission Commission did not intend this result 5a(a)(12) of the Act required that all issues an order of designation or and accordingly is revising rule 40.6 to changes to contract terms and registration, a registered entity is clarify the treatment of rules relating to conditions, with the exception of rules deemed approved, or a rule or rule fees. Under the final rules, certification relating to the setting of margin levels, amendment is approved or deemed will still be required for fees or fee be submitted to the Commission for approved by the Commission, or can changes that are related to delivery, prior approval. The ability to adjust first be made effective by the registered trading, clearing and dispute resolution margin levels was afforded this special entity.6 and that are $1.00 or more.8 See rule status because of the recognized need No comments were received 40.6(a).9 Fees of $1.00 or more that are for exchanges to change margin levels concerning these proposed amendments unrelated to the foregoing (delivery, rapidly, often changing margin levels on product approval procedures and the trading, clearing and dispute within a single trading session, in Commission is adopting the rules as resolution), or that are established by an response to changing market conditions. proposed. independent third party,10 will be In section 113 of the CFMA, Congress C. Exchange Fees exempt from certification but subject to removed the prior-approval provision, notification under rule 40.6(c)(2)(v). providing instead that registered entities The Commission also proposed to Finally, neither the certification nor could amend their rules by self- amend rules 40.1, 40.4 and 40.6 notification requirements will apply to certification. However, there is no explicitly to address the procedures fees that are under $1.00, or that relate indication that Congress intended applicable to the imposition or to matters that are administrative in thereby to affect the special status amendment of exchange fees. The nature, such as dues, badges, accorded rules relating to the setting of Commission’s proposed rules provided telecommunications services, booth margin levels.12 Accordingly, the that fees related to delivery of an space, real time quotations, historical Commission believes that specifically enumerated agricultural commodity information, publications or software excluding the setting of margin levels would be subject to the prior-approval licenses. See rule 40.6(c)(3)(ii)(E). (except with respect to stock index requirements of the Act, and that all products and security futures products) D. Definition of Rule other fees would be subject only to the from the definition of ‘‘rule’’ is certification requirement. The The Commission proposed to amend consistent with Congress’s intent and Commission’s proposed rules further the definition of ‘‘rule’’ in part 40.111 to with the public interest.13 One provided that fees or fee changes of any commenter, the New York Mercantile type of less than $1.00 would be exempt 8 The $1.00 fee or fee change is on a per contract Exchange, stated that it appreciated this from the certification requirement (or basis and not on a per unit basis. proposed clarifying amendment. The 9 Such a certification includes the exchange’s the prior-approval requirement, if Commission is amending the definition 7 determination (which need not be separately stated) applicable) as de minimis. that the fee or fee change complies with the of ‘‘rule’’ as proposed. The three contract markets that exchange’s obligation under Core Principle 18 that commented expressed concern that the its actions avoid resulting in an unreasonable III. Cost-Benefit Analysis Commission’s proposed rule could be restraint of trade or imposing any material Section 15 of the Act requires the anticompetitive burden on trading. 10 These fees may include, for example, USDA Commission to consider the costs and notices in the Federal Register. In instances where grading and inspection charges. benefits of its action before issuing a notice in the Federal Register is impracticable or 11 With respect in general to the defintion of new regulation under the Act. Section otherwise unnecessary, notice of a submission for ‘‘rule,’’ Commission staff in recent months has voluntary approval and of the public availability of 15 does not require the Commission to learned, through bulletins and notices to the quantify the costs and benefits of a new the proposed product’s terms and conditions will members of registered entities, of a number of rule be through the Commission’s internet Web site changes that were not appropriately submitted to regulation or to determine whether the (http://www.cftc.gov). the Commission for review under part 40. The benefits of the proposed regulation The terms and conditions of products eligible for Commission again reminds registered entities, as it outweigh its costs. Rather, section 15 trading by self-certification must be made publicly did in its proposal, that the definition of ‘‘rule’’ simply requires the Commission to available by the contract market (Core Principle 7), under part 40 encompasses more than just or the DTF (Core Principle 4), and will be available provisions labeled as ‘‘rules’’ in rulebooks, but ‘‘consider the costs and benefits’’ of its from the Commission, at the time that the exchange includes, among other things, resolutions, legally could commence trading—the beginning of interpretations and stated policies. In order to requirements. In this Federal Register release, the the business day following certification to the relieve any administrative burdens, registered Commission has expanded this category of exempt Commission. entities may submit rule changes to the Commission rules to include fees or fee changes that are eigther 6 This requirement is limited to information in the form of member bulletins and notices, so long under $1.00 or that relate to matters that are required to be made public by a registered entity as those submissions are labeled and, if necessary, administrative in nature. under a core principal, and does not apply to certified in accordance with the procedural 12 In this regard, Congress did not modify the additional materials that may be filed in support of requirements of part 40. In this regard, the Act’s other provisions relating to margins. See an application for designation or registration. For Commission notes that it does not interpret this section 2(a)(C)(v). example, section 5(d)(7) of the Act requires contract requirement as expanding any requirement or its 13 The Commission is also adopting, as proposed, markets to make publicly available information administrative practice with regard to rule a number of technical amendments. Appendix C to concerning ‘‘the terms and conditions of the submissions that existed prior to enactment of the part 40 details the information that foreign boards contracts of the contract market and the CFMA. The Commission further notes that its rules of trade should include in a request for no-action mechanisms for executing transactions on or provide several categories of exchange rules that relief to offer and sell to persons in the United through the facilities.’’ registered entities are not required to certify or to States foreign exchange-traded futures contracts on 7 Separately, as proposed, the Commission has report to the Commission in a weekly notification. broad-based securities indices. The Commission is revised the list of rule amendments that are not The categories of rules that are exempt from the amending that guidance to incorporate the changes material changes to futures contracts on the certification and notification requirements are those made by the CFMA to the criteria for approving enumerated agricultural commodities to clarify that that, for instance, relate to the routine, daily such stock index futures contracts. The Commission rule changes not required to be certified to the administration, direction and control of employees. is also, as proposed, making conforming changes to Commission under rule 40.6(c) are also not See rule 40.6(c)(3) for a complete list of rules that a number of delegations in the rules and to several material. are exempt from both certification and notification other provisions.

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action, in light of five broad areas of whether the rules as proposed would 2. Section 37.2 is revised to read as market and public concern: protection have a significant economic impact on follows: of market participants and the public; a substantial number of small entities. efficiency, competitiveness, and The Commission received no comments § 37.2 Exemption. financial integrity of futures markets; in response to this request. The Contracts, agreements or transactions price discovery; sound risk management Commission hereby determines that the traded on a derivatives transaction practices; and other public interest rules, as adopted herein, will not have execution facility registered as such considerations. Accordingly, the a significant economic impact on a with the Commission under section 5a Commission could in its discretion give substantial number of small entities. of the Act, the facility and the facility’s greater weight to any one of the five Therefore, the Chairman, on behalf of operator are exempt from all enumerated areas of concern and could the Commission, hereby certifies, Commission regulations for such in its discretion determine that, pursuant to 5 U.S.C. 605(b), that the activity, except for the requirements of notwithstanding its costs, a particular proposed amendments will not have a this part 37 and §§ 1.3, 1.31, 1.59(d), rule was necessary or appropriate to significant economic impact on a 1.63(c), 15.05, 33.10, part 40, part 41 protect the public interest or to substantial number of small entities. and part 190 of this chapter, and as effectuate any of the provisions or to applicable to the market, parts 15 accomplish any of the purposes of the B. Paperwork Reduction Act of 1995 through 21 of this chapter, which are Act. This rulemaking contains applicable to a registered derivatives The Commission’s proposal contained information-collection requirements. As transaction execution facility as though an analysis of its consideration of these required by the Paperwork Reduction they were set forth in this section and costs and benefits and solicited public Act of 1995 (44 U.S.C. 3507(d)), the included specific reference to comment thereon. 67 FR 20704. The Commission submitted a copy of this derivatives transaction execution Commission specifically invited section to the Office of Management and facilities. commenters to submit any data that Budget (OMB) for its review. No 3. Section 37.5 is amended by revising they may have quantifying the costs and comments were received in response to paragraphs (a), (b), and (f)(1) to read as benefits of the proposed rules. Id. The the Commission’s invitation in the follows: Commission has considered all of the notice of proposed rulemaking to § 37.5 Procedures for registration. comments letters received, none of comment on any potential paperwork which specifically addressed the costs burden associated with these rules. (a) Notification by contract markets. or benefits of the proposed rules. The (1) To operate as a registered derivatives commenters, however, did raise List of Subjects transaction execution facility pursuant concerns about the possible unintended 17 CFR Part 37 to section 5a of the Act, a board of trade, consequences of the Commission’s facility or entity that is designated as a Commodity futures, Commodity proposal concerning exchange fees and contract market, which is not a dormant Futures Trading Commission. the Commission has responded contract market as defined in § 40.1 of favorably to those concerns and thus has 17 CFR Part 38 this chapter, must: (i) Comply with the core principles limited any unintended costs. Commodity futures, Commodity After considering the costs and for operation under section 5a(d) of the Futures Trading Commission. benefits of these rules, the Commission Act and the provisions of this part 37; had decided to adopt them as discussed 17 CFR Part 39 and above. (ii) Notify the Commission of its Commodity futures, Consumer intent to so operate by filing with the IV. Related Matters protection. Secretary of the Commission at its A. Regulatory Flexibility Act 17 CFR Part 40 Washington, DC, headquarters a copy of the facility’s rules (which may be The Regulatory Flexibility Act (RFA), Commodity futures, Contract markets, trading protocols) or a list of the 5 U.S.C. 601 et seq., requires federal Designation application, Reporting and designated contract market’s rules that agencies, in promulgating rules, to recordkeeping requirements. apply to operation of the derivatives consider the impact of those rules on In consideration of the foregoing, and transaction execution facility, and a small entities. The rules adopted herein pursuant to the authority contained in certification by the contract market that would affect contract markets and other the Act, as amended by the Commodity it meets: registered entities. The Commission has Futures Modernization Act of 2000, (A) The requirements for trading of previously established certain Appendix E of Pub. L. 106–554, 114 section 5a(b) of the Act; and definitions of ‘‘small entities’’ to be used Stat. 2763 (2000), and in particular, (B) The criteria for registration under by the Commission in evaluating the sections 1a, 2, 3, 4, 4c, 4i, 5, 5a, 5b, 5c, section 5a(c) of the Act. impact of its rules on small entities in 5d, 6 and 8a thereof, the Commission (2) Before using the notification accordance with the RFA.14 In its hereby amends Chapter I of Title 17 of procedure of paragraph (a) of this previous determinations, the the Code of Federal Regulations as section for registration as a derivatives Commission has concluded that follows: transaction execution facility, a dormant contract markets, DTFs and clearing contract market as defined in § 40.1 of organizations are not small entities for PART 37—DERIVATIVES this chapter must reinstate its the purpose of the RFA.15 TRANSACTION EXECUTION designation under § 38.3(a)(2) of this In the proposed rules, the FACILITIES chapter. Commission solicited comment on (b) Registration by application—(1) 1. The authority citation for part 37 is Initial registration. A board of trade, 14 revised to read as follows: 47 FR 18618–21 (Apr. 30, 1982). facility or entity shall be deemed to be 15 47 FR 18618, 18619 (April 30, 1982) discussing contract markets); 66 FR 42256, 42268 (August 10, Authority: 7 U.S.C. 2, 5, 6, 6c, 6(c), 7a and registered as a derivatives transaction 2001) (discussing DTFs); 66 FR 45605, 45609 12a, as amended by Appendix E of Pub. L. execution facility thirty days after (August 29, 2001) (discussing DCOs). 106–554, 114 Stat. 2763A–365. receipt (during the business hours

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defined in Sec. 40.1 of this chapter) by that still pertain to, and accurately in § 40.1 of this chapter) with the the Secretary of the Commission at its describe, current conditions. Secretary of the Commission at its Washington, DC, headquarters, of an * * * * * Washington, DC, headquarters, either application for registration as a (f) Delegation of authority. (1) The separately or with the application derivatives transaction execution Commission hereby delegates, until it required by § 37.5, a submission that facility unless notified otherwise during orders otherwise, to the Director of the includes: that period, or, as determined by Division of Market Oversight or such * * * * * Commission order, registered upon other employee or employees as the (iii) If it appears that the applicant has conditions, if: Director may designate from time to failed to make the requisite showing, the (i) The application demonstrates that time, with the concurrence of the Commission will so notify the applicant the applicant satisfies the requirements General Counsel or the General at the end of that period. Upon for trading and the criteria for Counsel’s delegatee, authority to commencement or recommencement of registration of sections 5a(b) and 5a(c) of exercise the functions provided under operations by the derivatives transaction the Act, respectively; paragraph (d) of this section. execution facility, such a notice may be (ii) The submission is labeled * * * * * considered by the Commission in a ‘‘Application for DTF Registration’’; determination to issue a notice of (iii) The submission includes: 4. Section 37.6 is amended by revising violation of core principles under (A) The derivatives transaction paragraphs (a), (b), introductory text, section 5c(d) of the Act. execution facility’s rules, which may be (b)(1), (b)(2) and (b)(2)(i) introductory trading protocols; text, (b)(2)(iii), and (c) to read as (c) Existing derivatives transaction (B) Any agreements entered into or to follows: execution facilities.—(1) In general. be entered into between or among the Upon request by the Commission, a § 37.6 Compliance with core principles. facility, its operator or its participants, registered derivatives transaction technical manuals and other guides or (a) In general. To maintain execution facility shall file with the instructions for users of such facility, registration as a derivatives transaction Commission such data, documents and descriptions of any system test execution facility upon commencing other information as the Commission procedures, tests conducted or test operations by listing products for may specify in its request that results, and descriptions of the trading trading or otherwise, or for a dormant demonstrates that the registered mechanism or algorithm used or to be derivatives transaction execution derivatives transaction execution used by such facility, to the extent such facility as defined in § 40.1 of this facility is in compliance with one or documentation was otherwise prepared; chapter that has been reinstated under more core principles as specified in the and § 37.5(b)(2) upon recommencing request or that is requested by the (C) To the extent that compliance operations by relisting products for Commission to enable the Commission with the requirements for trading or the trading or otherwise, and on a to satisfy its obligations under the Act. criteria for recognition is not self- continuing basis thereafter, the (2) Change of owners. Upon a change evident, a brief explanation of how the derivatives transaction execution of ownership of an existing registered rules or trading protocols satisfy each of facility must have the capacity to be, derivatives transaction execution the conditions for registration; and be, in compliance with the core facility, the new owner shall file with (iv) The applicant does not amend or principles of section 5a(d) of the Act. the Secretary of the Commission at its supplement the application for (b) New and reinstated derivatives Washington, DC, headquarters, a recognition, except as requested by the transaction execution facilities.—(1) certification that the derivatives Commission or for correction of Certification of compliance. Unless an transaction execution facility meets the typographical errors, renumbering or applicant for registration or for requirements for trading and the criteria other nonsubstantive revisions, during reinstatement of registration has chosen for registration of sections 5a(b) and that period; to make a voluntary demonstration 5a(c) of the Act, respectively. (v) The applicant identifies with under paragraph (b)(2) of this section, a * * * * * particularity information in the newly registered derivatives transaction application that will be subject to a execution facility at the time it PART 38—DESIGNATED CONTRACT request for confidential treatment and commences operations, or a dormant MARKETS supports that request for confidential derivatives transaction execution treatment with reasonable justification; facility as defined in § 40.1 of this 5. The authority citation for Part 38 is and chapter at the time that it recommences revised to read as follows: (vi) The applicant has not instructed operations, must certify to the Authority: 7 U.S.C. 2, 5, 6, 6c, 7 and 12a, the Commission in writing at the time Commission that it has the capacity to, as amended by Appendix E of Pub. L. 106– of submission of the application or and will, operate in compliance with 554, 114 Stat. 2763A–365. during the review period to review the the core principles under section 5a(d) 6. Section 38.2 is revised to read as application pursuant to the time of the Act. follows: provisions of and procedures under (2) Voluntary demonstration of section 6 of the Act. compliance. An applicant for § 38.2 Exemption. (2) Reinstatement of dormant registration or for reinstatement of Agreements, contracts, or transactions registration. Before listing products for registration may choose to make a traded on a designated contract market trading, a dormant derivatives voluntary demonstration of its capacity under section 6 of the Act, the contract transaction execution facility as defined to operate in compliance with the core market and the contract market’s in § 40.1 must reinstate its registration principles as follows: operator are exempt from all under the procedures of paragraphs (i) At least thirty days prior to Commission regulations for such (a)(1) or (b)(1) of this section, as commencing or recommencing activity, except for the requirements of applicable; provided however, that an operations, the applicant for registration this part 38 and §§ 1.3, 1.12(e), 1.31, application for reinstatement may rely or for reinstatement of registration must 1.37(c)–(d), 1.38, 1.52, 1.59(d), 1.63(c), upon previously submitted materials file (during the business hours defined 1.67, 33.10, part 9, parts 15 through 21,

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part 40, part 41 and part 190 of this application that will be subject to a PART 39—DERIVATIVES CLEARING chapter. request for confidential treatment and ORGANIZATIONS 7. Section 38.3 is amended by revising supports that request for confidential paragraph (a) to read as follows: treatment with reasonable justification; 10. The authority citation for part 39 is revised to read as follows: § 38.3 Procedures for designation by and application. (vi) The applicant has not instructed Authority: 7 U.S.C. 7b as amended by (a)(1) Initial Application. A board of the Commission in writing at the time Appendix E of Pub. L. 106–554, 114 Stat. 2763A–365. trade or trading facility shall be deemed of submission of the application or 11. Section 39.4 is amended by to be designated as a contract market during the review period to review the revising the section heading, by sixty days after receipt (during the application pursuant to procedures redesignating the text in paragraph (c) as business hours defined in § 40.1 of this under section 6 of the Act. paragraph (c)(2) and by adding a new chapter) by the Secretary of the (2) Reinstatement of dormant paragraph (c)(1) to read as follows: Commission at its Washington, DC, designation. Before listing or relisting headquarters, of an application for products for trading, a dormant § 39.4 Procedures for implementing designation unless notified otherwise derivatives clearing organization rules and designated contract market as defined in during that period, or, as determined by clearing new products. § 40.1 of this chapter must reinstate its Commission order, designated upon designation under the procedures of * * * * * conditions, if: paragraph (a)(1) of this section; (c) Acceptance of new products for (i) The application demonstrates that clearing. (1) A dormant derivatives the applicant satisfies the criteria for provided however, that an application for reinstatement may rely upon clearing organization within the designation of section 5(b) of the Act, meaning of § 40.1 of this chapter may previously submitted materials that still the core principles for operation under not accept for clearing a new product pertain to, and accurately describe, section 5(d) of the Act and the until its registration as a derivatives current conditions. provisions of this part 38; clearing organization is reinstated under (ii) The application is labeled as being * * * * * the procedures of § 39.3 of this part; submitted pursuant to this part 38; provided however, that an application (iii) The application includes: 8. Section 38.4(a)(2) is revised to read for reinstatement may rely upon (A) A copy of the applicant’s rules as follows: previously submitted materials that still and any technical manuals, other guides § 38.4 Procedures for listing products and pertain to, and accurately describe, or instructions for users of, or implementing contract market rules. participants in, the market, including current conditions. minimum financial standards for (a) Request for Commission approval * * * * * members or market participants; of rules and products. (1) * * * PART 40—PROVISIONS COMMON TO (B) A description of the trading (2) Notwithstanding the forty-five day system, algorithm, security and access CONTRACT MARKETS, DERIVATIVES review period for voluntary approval TRANSACTION EXECUTION limitation procedures with a timeline under §§ 40.3(b) and 40.5(b) of this for an order from input through FACILITIES AND DERIVATIVES chapter, the operating rules and the CLEARING ORANIZATIONS settlement, and a copy of any system terms and conditions of products test procedures, tests conducted, test submitted for voluntary Commission 12. The authority citation for part 40 results and the nature of contingency or approval under § 40.3 or § 40.5 of this is revised to read as follows: disaster recovery plans; chapter that have been submitted at the (C) A copy of any documents Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a, same time as an application for contract pertaining to the applicant’s legal status 8 and 12a, as amended by appendix E of Pub. market designation or an application L. 106–554, 114 Stat. 2763A–365. and governance structure, including governance fitness information; under § 38.3(a)(2) to reinstate the 13. Section 40.1 is amended by (D) A copy of any agreements or designation of a dormant contract revising the definitions of dormant contracts entered into or to be entered market as defined in § 40.1 of this contract, rule, and paragraph (6) of into by the applicant, including chapter, or while one of the foregoing is terms and conditions, by republishing partnership or limited liability pending, will be deemed approved by the introductory text of terms and company, third-party regulatory service, the Commission no earlier than the conditions and by adding in member or user agreements, that enable facility is deemed to be designated or alphabetical order definitions of or empower the applicant to comply reinstated. business hours, dormant contract with a designation criterion or core * * * * * market, dormant derivatives clearing organization and dormant derivatives principal; and 9. Section 38.5 is amended by adding (E) To the extent that any of the items transaction execution facility, to read as a new paragraph (c) to read as follows: in § 38.3(a)(1)(iii)(A)–(D) raise issues follows: that are novel, or for which compliance § 38.5 Information relating to contract § 40.1 Definitions. with a condition for designation is not market compliance. * * * * * self-evident, a brief explanation of how * * * * * that item and the application satisfies Business hours means the hours the conditions for designation; (c) Upon a change of ownership of an between 8:15 a.m. and 4:45 p.m., eastern (iv) The applicant does not amend or existing designated contract market, the standard time or eastern daylight supplement the designation application, new owner shall file with the Secretary savings time, whichever is currently in except as requested by the Commission of the Commission at its Washington, effect in Washington, DC all days except or for correction of typographical errors, DC, headquarters, a certification that the Saturdays, Sundays and legal public renumbering or other nonsubstantive designated contract market meets all of holidays. revisions, during that period; the requirements of sections 5(b) and Dormant contract or dormant product (v) The applicant identifies with 5(d) of the Act and the provisions of this means any commodity futures or option particularity information in the part 38. contract or other agreement, contract,

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transaction or instrument in which no provisions of section 2(a)(1)(C)(v) of the the Commission at least ten days prior trading has occurred in any future or Act and security futures as defined in to its implementation at its Washington, option expiration for a period of six section 1a(31) of the Act. DC, headquarters and that has been complete calendar months; provided, Terms and conditions means any labeled ‘‘Non-material Agricultural Rule however, no contract or instrument shall definition of the trading unit or the Change,’’ and with respect to which the be considered to be dormant until the specific commodity underlying a Commission has not notified the end of thirty-six complete calendar contract for the future delivery of a contract market during that period that months following initial exchange commodity or commodity option the rule appears to require or does certification or Commission approval. contract, specification of settlement or require prior approval under this Dormant contract market means any delivery standards and procedures, and section. designated contract market on which no establishment of buyers’ and sellers’ 16. Section 40.5 is amended by trading has occurred for a period of six rights and obligations under the revising paragraphs (a)(1)(v) and complete calendar months; provided, contract. Terms and conditions include (a)(1)(vi) and by adding paragraph however, no contract market shall be provisions relating to the following: (a)(1)(vii) to read as follows: considered to be dormant until the end * * * * * § 40.5 Voluntary submission of rules for of 36 complete calendar months (6) Delivery standards and Commission review and approval. following the day that the order of procedures, including fees related to designation was issued or that the delivery or the delivery process, (a) * * * contract market was deemed to be alternatives to delivery and applicable (1) * * * (v) Note and briefly describe any designated. penalties or sanctions for failure to substantive opposing views expressed Dormant derivatives clearing perform; with respect to the proposed rule that organization means any derivatives * * * * * were not incorporated into the proposed clearing organization that has not 14. Section 40.3 is amended by rule prior to its submission to the accepted for clearing any agreement, revising paragraph (a)(4) and adding Commission; contract or transaction that is required paragraph (a)(5) to read as follows: (vi) Identify any Commission or permitted to be cleared by a regulation that the Commission may derivatives clearing organization under § 40.3 Voluntary submission of new need to amend, or sections of the Act or sections 5b(a) and 5b(b) of the Act, products for Commission review and Commission regulations that the respectively, for a period of six approval. Commission may need to interpret in complete calendar months; provided, (a) * * * order to approve the proposed rule. To however, no derivatives clearing (4) The submission identifies with the extent that such an amendment or organization shall be considered to be particularity information in the interpretation is necessary to dormant until the end of 36 complete submission, except for the product’s accommodate a proposed rule, the calendar months following the day that terms and conditions which are made submission should include a reasoned the order of registration was issued or publicly available at the time of analysis supporting the amendment to that the derivatives clearing submission, that will be subject to a the Commission’s rule or interpretation; organization was deemed to be request for confidential treatment and and registered. supports that request for confidential treatment with reasonable justification; (vii) Identify with particularity Dormant derivatives transaction information in the submission (except execution facility means any derivatives and (5) The submission includes the fee for a product’s terms and conditions, transaction execution facility on which which are made publicly available at the no trading has occurred for a period of required under appendix B to this part. * * * * * time of submission) that will be subject six complete calendar months; to a request for confidential treatment 15. Section 40.4 is amended by provided, however, no derivatives and support that request for confidential revising paragraphs (b)(5) and (b)(6) and transaction execution facility shall be treatment with reasonable justification. considered to be dormant until the end by adding paragraphs (b)(7) and (b)(8) to of 36 complete calendar months read as follows: * * * * * following the day that the order of 17. Section 40.6 is amended by § 40.4 Amendments to terms or conditions removing the words ‘‘§ 40.1(d)’’ in registration was issued or that the of enumerated agricultural contracts. derivatives transaction execution paragraph (a)(2) and, in their place, facility was deemed to be registered. * * * * * adding the words ‘‘§ 40.1’’, and by (b) * * * * * * * * revising paragraphs (c)(2)(iii), (c)(2)(iv), (5) Changes required to comply with (c)(3)(ii)(B), (c)(3)(ii)(C) and (c)(3)(ii)(D), Rule means any constitutional a binding order of a court of competent provision, article of incorporation, and adding paragraph (c)(2)(v) and jurisdiction, or of a rule, regulation or (c)(3)(ii)(E) to read as follows: bylaw, rule, regulation, resolution, order of the Commission or of another interpretation, stated policy, term and Federal regulatory authority; § 40.6 Self-certification of rules by condition, trading protocol, agreement (6) Corrections of typographical designated contract markets and registered or instrument corresponding thereto, in errors, renumbering, periodic routine derivatives clearing organizations. whatever form adopted, and any updates to identifying information about * * * * * amendment or addition thereto or repeal approved entities and other such (c) * * * thereof, made or issued by a contract nonsubstantive revisions of a product’s (2) * * * market, derivatives transaction terms and conditions that have no effect (iii) Index products. Routine changes execution facility or derivatives clearing on the economic characteristics of the in the composition, computation, or organization or by the governing board product; method of selection of component thereof or any committee thereof, except (7) Fees or fee changes of less than entities of an index (other than a stock those provisions relating to the setting $1.00; and index) referenced and defined in the of levels of margin for commodities (8) Any other rule, the text of which product’s terms, that do not affect the other than those subject to the has been submitted to the Secretary of pricing basis of the index, which are

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made by an independent third party requirements or procedures for (vii) A statement that the index is not whose business relates to the collection governance of a registered entity; a narrow-based security index as or dissemination of price information procedures for transfer trades; trading defined in section 1a(25) of the Act. and that was not formed solely for the hours; minimum price fluctuations; and Issued in Washington, DC, this 1st day of purpose of compiling an index for use maximum price limit and trading October, 2002, by the Commission. in connection with a futures or option suspension provisions; Jean A. Webb, product; * * * * * Secretary of the Commission. (iv) Option contract terms. Changes to 19. Part 40 is amended by adding a [FR Doc. 02–25476 Filed 10–8–02; 8:45 am] option contract rules relating to the new § 40.8 to read as follows: strike price listing procedures, strike BILLING CODE 6351–01–P price intervals, and the listing of strike § 40.8 Availability of public information. prices on a discretionary basis, or Any information required to be made (v) Fees. Fees or fee changes that are publicly available by a registered entity DEPARTMENT OF THE TREASURY $1.00 or more and are established by an under sections 5(d)(7), 5a(d)(4) and Customs Service independent third party or are unrelated 5b(c)(2)(L) of the Act, respectively, will to delivery, trading, clearing or dispute be treated as public information by the resolution. Commission at the time an order of 19 CFR Parts 10, 163 and 178 (3) * * * designation or registration is issued by [T.D. 02–59] (ii) * * * the Commission, a registered entity is RIN 1515–AC78 (B) Administrative procedures. The deemed to be designated or registered, organization and administrative a rule or rule amendment of the Duty-Free Treatment for Certain procedures of a contract market or a registered entity is approved or deemed Beverages Made With Caribbean Rum derivatives clearing organization’s to be approved by the Commission or governing bodies such as a Board of can first be made effective the day AGENCY: U.S. Customs Service, Directors, Officers and Committees, but following its certification by the Department of the Treasury. not voting requirements, Board of registered entity. ACTION: Final rule. Directors or Committee composition 20. Appendix C to part 40 is amended requirements or procedures, use or by revising paragraphs (5)(ii) through SUMMARY: This document adopts as a disclosure of material non-public (vii) to read as follows: final rule, with minor revisions, the information gained through the interim rule amending the Customs performance of official duties, or Appendix C—Information That a Regulations that was published in the requirements relating to conflicts of Foreign Board of Trade Should Submit Federal Register on February 9, 2001, as interest; When Seeking No-Action Relief To T.D. 01–17. The interim rule (C) Administration. The routine, daily Offer and Sell, to Persons Located in implemented a change to the Caribbean administration, direction and control of the United States, a Futures Contract on Basin Economic Recovery Act, also employees, requirements relating to a Broad-based Securities Index Traded known as the Caribbean Basin Initiative gratuity and similar funds, but not on That Foreign Board of Trade (CBI), that enabled certain beverages to guaranty, reserves, or similar funds; * * * * * obtain duty-free entry under specified declaration of holidays, and changes to (5) * * * conditions when the beverages were facilities housing the market, trading (ii) The total capitalization, number of processed in the territory of Canada floor or trading area; stocks (including the number of from rum that was the growth, product (D) Standards of decorum. Standards unaffiliated issuers if different from the or manufacture either of a CBI of decorum or attire or similar number of stocks), and weighting of the beneficiary country or of the U.S. Virgin provisions relating to admission to the stocks by capitalization and, if Islands. This final rule adopts the floor, badges, or visitors, but not the applicable, by price in the index as well certification and supporting establishment of penalties for violations as the combined weighting of the five documentation requirements set forth in of such rules; and highest-weighted stocks in the index; the interim rule that were necessary to (E) Fees. Fees or fee changes that are (iii) Procedures and criteria for establish compliance with the statutory less than $1.00 or that relate to matters selection of individual securities for law, thereby ensuring that the rum such as dues, badges, inclusion in, or removal from, the index, beverages were properly entitled to telecommunication services, booth how often the index is regularly duty-free entry under the CBI. space, real time quotations, historical reviewed, and any procedures for EFFECTIVE DATE: Final rule effective on information, publications, software changes in the index between regularly October 9, 2002. This final rule is licenses or other matters that are scheduled reviews; applicable to products that are entered administrative in nature. (iv) Method of calculation of the cash- or withdrawn from warehouse for 18. Section 40.7(b)(1) is revised to settlement price and the timing of its consumption on or after October 4, read as follows: public release; 2000. (v) Average daily volume of trading by § 40.7 Delegations. calendar month, measured by share FOR FURTHER INFORMATION CONTACT: * * * * * turnover and dollar value, in each of the Richard Wallio, Office of Field (b) * * * underlying securities for a six-month Operations, (202–927–9704). (1) Relate to, but do not substantially period of time and, separately, the SUPPLEMENTARY INFORMATION: change, the quantity, quality, or other dollar value of the average daily trading Background delivery specifications, procedures, or volume of the securities comprising the obligations for delivery, cash settlement, lowest weighted 25% of the index for The Caribbean Basin Economic or exercise under an agreement, contract the past six calendar months, calculated Recovery Act (19 U.S.C. 2701–2707) or transaction approved for trading by pursuant to Sec. 41.11; (CBERA) establishes an economic the Commission; daily settlement (vi) If applicable, average daily futures recovery program for nations of the prices; clearing position limits; trading volume; and Caribbean and Central America. Under

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the CBERA, also referred to as the beverages that are produced in the rule stated that it would be applicable Caribbean Basin Initiative (CBI), the territory of Canada from rum that is the to products entered or withdrawn from President is authorized to proclaim growth, product, or manufacture either warehouse for consumption on or after duty-free treatment for all eligible of a beneficiary country under the CBI February 9, 2001. However, the articles of a beneficiary country (19 or of the U.S. Virgin Islands. commenter asserted that Presidential U.S.C. 2701). Specifically, under 19 U.S.C. Proclamation No. 7351 specified an A beneficiary country under the CBI 2703(a)(6), a beverage that is imported effective date of October 2, 2000. refers to any country listed in 19 U.S.C. directly into the customs territory of the 2702(b) with respect to which there is United States from the territory of Customs Response in effect a proclamation by the President Canada and that is classifiable under Presidential Proclamation No. 7351 of designating the country as a beneficiary subheading 2208.90 or 2208.40, October 2, 2000 (65 FR 59329) dealt country for purposes of the CBI (19 Harmonized Tariff Schedule of the with the implementation of the U.S.C. 2702(a)(1)(A)). A rule of origin United States (HTSUS), is entitled to amendments made to the CBERA by the specifies under what conditions an duty-free entry under the CBERA if such CBTPA. While effective on the date article will be considered to be a beverage is produced in the territory of signed (October 2, 2000), the product of a beneficiary country—in Canada from rum, provided that the Proclamation also made clear that brief, the article must be wholly the rum: (1) Is the growth, product, or modifications to the HTSUS were growth, product or manufacture of a manufacture of a beneficiary country or necessary to implement any preferential beneficiary country, or must be a new or of the U.S. Virgin Islands; (2) is tariff treatment afforded by the different article of commerce that has imported directly into the territory of amendments; and that these been grown, produced, or manufactured Canada from a beneficiary country or modifications were set forth in an in the beneficiary country (19 U.S.C. from the U.S. Virgin Islands; and (3) Annex to the Proclamation that would 2703(a)). accounts for at least 90 percent by be effective on the date announced by Sections 10.191 through 10.198b of volume of the alcoholic content of the the United States Trade Representative the Customs Regulations (19 CFR beverage. 10.191–10.198b) currently implement Accordingly, by a document (USTR) in a notice to be published in the duty-free aspects of the CBI. published in the Federal Register (66 the Federal Register. This Annex In pertinent part, in order to be FR 9643) on February 9, 2001, as T.D. included HTSUS subheading entitled to duty-free treatment under the 01–17, Customs issued an interim rule 9817.22.05, which was the provision CBI, an article otherwise eligible for setting forth a new § 10.199 in order to necessary to implement the statutory such treatment must be imported implement the provision allowing for amendment authorizing duty-free directly from a beneficiary country into duty-free admission for certain treatment for the rum beverages (19 the customs territory of the United beverages produced in the territory of U.S.C. 2703(a)(6)). States (19 U.S.C. 2703(a)(1)(A); 19 CFR Canada from Caribbean rum. Section The notice setting forth the Annex 10.193). 10.199 prescribed the certification and was published in the Federal Register Before passage of the United States- supporting documentary requirements on October 4, 2000, and, in pertinent Caribbean Basin Trade Partnership Act and recordkeeping responsibilities that part, the notice stated that it was (Title II of Pub. L. 106–200, 114 Stat. must be observed in order to afford effective with respect to goods entered, 275, enacted on May 18, 2000) (CBTPA), duty-free admission for those beverages or withdrawn from warehouse, for in the case of rum produced in a that properly qualify for such treatment, consumption on or after this date of beneficiary country and then imported and to otherwise ensure compliance publication (65 FR 59329, at 59332– into Canada for processing into a rum with the requirements of the statutory 59333). beverage, the beverage would not have law. Therefore, as already indicated above been eligible for duty-free treatment In addition, the Interim (a)(1)(A) List under the EFFECTIVE DATE caption, this under the CBI because it was not set forth as an Appendix to part 163, final rule document will apply to goods imported directly from a beneficiary Customs Regulations (19 CFR part 163, entered, or withdrawn from warehouse, country into the United States. At the Appendix), that lists the records for consumption on or after October 4, same time, the beverage would also required for the entry of merchandise, 2000. It is observed in this regard, have been ineligible for duty-free was revised to add a reference to the however, that because the interim rule treatment under the North American requirement in § 10.199 that an importer in this matter was not published in the Free Trade Agreement Implementation possess those documents that are Federal Register until February 9, 2001, Act (19 U.S.C. 3301 et seq.) (NAFTA) necessary for the duty-free entry of the Customs, prior to this time, did not because the processing it undergoes in beverages, including the declaration of accept duty-free entries for rum Canada would not be sufficient to the Canadian processor and related beverages subject to 19 U.S.C. qualify it as a NAFTA originating good supporting information. Also, part 178, 2703(a)(6). (19 U.S.C. 3332; General Note 12, Customs Regulations (19 CFR part 178), Harmonized Tariff Schedule of the containing the list of approved Consequently, for entries of eligible United States (HTSUS); 19 CFR 181.131; information collections, was revised to rum beverages that were made on or and the appendix to 19 CFR part 181). include an appropriate reference to the after October 4, 2000, and prior to documentary requirements in § 10.199. February 9, 2001, importers or their Beverages Made in Canada With agents may make use of either the Caribbean Rum; Amendment of CBERA Discussion of Comment Supplemental Information Letter or Post by United States-Caribbean Basin Trade One comment was received in Entry Amendment procedure prior to Partnership Act response to the interim rule. The liquidation of the entry, or they may file Section 212 of the CBTPA added a commenter requested clarification as to a timely protest under 19 U.S.C. 1514, new paragraph (a)(6) to section 213(a) of the effective date for according duty-free to obtain duty-free treatment for these the CBERA (19 U.S.C. 2703(a)(6)), in treatment to those imported beverages qualifying beverages. Such claims must order to provide for duty-free entry that were made with Caribbean rum be made at the port where the original under specified conditions for certain under 19 U.S.C. 2703(a)(6). The interim entry was filed.

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Relevant HTSUS Subheadings Not Paperwork Reduction Act Sections 10.191 through 10.199 also Applicable to Liqueurs issued under 19 U.S.C. 2701 et seq.; The collection of information * * * * * involved in this final rule document has It is noted that the beverages entitled 2. Section 10.199 is revised to read as already been approved by the Office of to duty-free treatment under 19 U.S.C. follows: 2703(a)(6) are specifically described as Management and Budget (OMB) in spirituous beverages and liqueurs accordance with the Paperwork § 10. 199 Duty-free entry for certain classifiable under HTSUS subheading Reduction Act of 1995 (44 U.S.C. 3507) beverages produced in Canada from 2208.40 or 2208.90. However, in further and assigned OMB Control Number Caribbean rum. consideration of the interim rule, 1515–0194 (Documentation (a) General. A spirituous beverage that Customs noted that neither of these requirements for articles entered under is imported directly from the territory of HTSUS subheadings in fact applies to various special tariff treatment Canada and that is classifiable under liqueurs. Rather, liqueurs are provided provisions). This collection includes a subheading 2208.40 or 2208.90, for in HTSUS subheading 2208.70 claim for duty-free entry of eligible Harmonized Tariff Schedule of the which is not included within section articles under the Caribbean Basin United States (HTSUS), will be entitled, 2703(a)(6). Thus, liqueurs are not Initiative. This rule does not present any upon entry or withdrawal from entitled to duty-free treatment under substantive changes to the existing warehouse for consumption, to duty- this statutory enactment. For this approved information collection. An free treatment under section 213(a)(6) of reason, Customs is deleting any agency may not conduct or sponsor, and the Caribbean Basin Economic Recovery reference to liqueurs set forth in interim a person is not required to respond to, Act (19 U.S.C. 2703(a)(6)), also known § 10.199 in this final rule. For the sake a collection of information unless the as the Caribbean Basin Initiative (CBI), of editorial clarity and convenience, collection of information displays a if the spirituous beverage has been § 10.199, as revised, is republished valid control number assigned by OMB. produced in the territory of Canada from rum, provided that the rum: below in its entirety, together with a List of Subjects (1) Is the growth, product, or related revision to the (a)(1)(A) List in 19 CFR Part 10 manufacture either of a beneficiary the Appendix to part 163. country or of the U.S. Virgin Islands; Conclusion Customs duties and inspection, (2) Was imported directly into the Exports, Foreign relations, Imports, territory of Canada from a beneficiary After careful consideration of the International traffic, Preference country or from the U.S. Virgin Islands; comment received and further review of programs, Reporting and recordkeeping and the matter, Customs has concluded that requirements, Shipments, Trade (3) Accounts for at least 90 percent of the interim rule amending parts 10, 163 agreements (Caribbean Basin Initiative, the alcoholic content by volume of the and 178, Customs Regulations (19 CFR Generalized System of Preferences, U.S.- spirituous beverage. parts 10, 163 and 178) that was Canada Free Trade Agreement, etc.). (b) Claim for exemption from duty published in the Federal Register (66 19 CFR Part 163 under CBI. A claim for an exemption FR 9643) on February 9, 2001, as T.D. from duty for a spirituous beverage 01–17, should be adopted as a final rule Administrative practice and under section 213(a)(6) of the Caribbean with the modification discussed above. procedure, Customs duties and Basin Economic Recovery Act (19 U.S.C. inspection, Imports, Reporting and 2703(a)(6)) may be made by entering Inapplicability of Notice and Delayed recordkeeping requirements. such beverage under subheading Effective Date Requirements, the 9817.22.05, HTSUS, on the entry Regulatory Flexibility Act, and 19 CFR Part 178 summary document or its electronic Executive Order 12866 Administrative practice and equivalent. In order to claim the exemption, the importer must have the Pursuant to the provisions of 5 U.S.C. procedure, Collections of information, records described in paragraphs (d), (e), 553(b)(B), public notice is inapplicable Imports, Paperwork requirements, (f) and (g) of this section so that, upon to this final rule because it was Reporting and recordkeeping Customs request, the importer can determined that good cause existed for requirements. establish that: dispensing with prior public notice and Amendments to the Regulations (1) The rum used to produce the comment procedures. To this end, the beverage is the growth, product or final rule affords a preferential tariff Accordingly, the interim rule manufacture either of a beneficiary benefit to the importing public; it amending 9 CFR parts 10, 163, and 178 country or of the U.S. Virgin Islands; reflects, and provides a necessary and which was published at 66 FR 9643, (2) The rum was shipped directly reasonable means for enforcing, February 9, 2001, is adopted as a final from a beneficiary country or from the statutory requirements that are already rule with the following changes: U.S. Virgin Islands to Canada; in effect; and it closely parallels existing (3) The beverage was produced in PART 10—ARTICLES CONDITIONALLY regulatory provisions that implement Canada; similar trade preference programs. Also, FREE, SUBJECT TO A REDUCED (4) The rum accounts for at least 90% for these same reasons, there is no need RATE, ETC. of the alcohol content of the beverage; for a delayed effective date under 5 and U.S.C. 553(d). Because this document is 1. The general and the relevant (5) The beverage was shipped directly not subject to the requirements of 5 specific sectional authority for part 10 from Canada to the United States. U.S.C. 553, as noted, the provisions of continue to read as follows: (c) Imported directly. For a spirituous the Regulatory Flexibility Act (5 U.S.C. Authority: 19 U.S.C. 66, 1202 (General beverage imported from Canada to 601 et seq.) do not apply. Nor does this Note 22, Harmonized Tariff Schedule of the qualify for duty-free entry under the document meet the criteria for a United States (HTSUS)), 1321, 1481, 1484, CBI, the spirituous beverage must be ‘‘significant regulatory action’’ as 1498, 1508, 1623, 1624, 3314. imported directly into the customs specified in E.O. 12866. * * * * * territory of the United States from

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Canada; and the rum used in its the purpose of sale other than at retail; materially alter the characteristics of the production must have been imported and product. directly into the territory of Canada (C) Was not subjected to operations in (2) Evidence of origin of rum—(i) the intermediate country other than either from a beneficiary country or Declaration. The importer must be loading and unloading, and other from the U.S. Virgin Islands. prepared to submit directly to the port (1) ‘‘Imported directly’’ into the activities necessary to preserve the director, if requested, a declaration customs territory of the United States product in good condition. prepared and signed by the person who from Canada means: (d) Evidence of direct shipment—(1) (i) Direct shipment from the territory Spirituous beverages imported from produced or manufactured the rum, of Canada to the U.S. without passing Canada. The importer must be prepared affirming that the rum is the growth, through the territory of any other to provide to the port director, if product or manufacture of a beneficiary country; or requested, documentary evidence that country or of the U.S. Virgin Islands. (ii) If the shipment is from the the spirituous beverages were imported While no particular form is prescribed territory of Canada to the U.S. through directly from the territory of Canada, as for the declaration, it must include all the territory of any other country, the described in paragraph (c)(1) of this pertinent information concerning the spirituous beverages do not enter into section. This evidence may include processing operations by which the rum the commerce of any other country documents such as a bill of lading, was produced or manufactured, the while en route to the U.S.; or invoice, air waybill, freight waybill, or address of the producer or (iii) If the shipment is from the cargo manifest. Any evidence of the manufacturer, the title of the party territory of Canada to the U.S. through direct shipment of these spirituous signing the declaration, and the date it the territory of another country, and the beverages from Canada into the U.S. is signed. invoices and other documents do not may be subject to such verification as (ii) Records supporting declaration. show the U.S. as the final destination, deemed necessary by the port director. The supporting records, including those (2) Rum imported into Canada from the spirituous beverages in the shipment production records, that are necessary beneficiary country or U.S. Virgin are imported directly only if they: for the preparation of the declaration Islands. The importer must be prepared (A) Remained under the control of the must also be available for submission to customs authority of the intermediate to provide to the port director, if requested, evidence that the rum used the port director if requested. The country; declaration and any supporting (B) Did not enter into the commerce in producing the spirituous beverages evidence as to the origin of the rum may of the intermediate country except for was imported directly into the territory be subject to such verification as the purpose of sale other than at retail, of Canada from a beneficiary country or and the port director is satisfied that the from the U.S. Virgin Islands, as deemed necessary by the port director. importation results from the original described in paragraph (c)(2) of this (f) Canadian processor declaration; commercial transaction between the section. This evidence may include supporting documentation. (1) importer and the producer or the latter’s documents such as a Canadian customs Canadian processor declaration. The sales agent; and entry, Canadian customs invoice, importer must be prepared to submit (C) Were not subjected to operations Canadian customs manifest, cargo directly to the port director, if other than loading and unloading, and manifest, bill of lading, landing requested, a declaration prepared by the other activities necessary to preserve the certificate, airway bill, or freight person who produced the spirituous products in good condition. waybill. Any evidence of the direct beverage(s) in Canada, setting forth all (2) ‘‘Imported directly’’ from a shipment of the rum from a beneficiary pertinent information concerning the beneficiary country or from the U.S. country or from the U.S. Virgin Islands production of the beverages. The Virgin Islands into the territory of into the territory of Canada for use there declaration will be in substantially the Canada means: in producing the spirituous beverages following form: (i) Direct shipment from a beneficiary may be subject to such verification as I, llll declare that the spirituous country or from the U.S. Virgin Islands deemed necessary by the port director. beverages here specified are the into the territory of Canada without (e) Origin of rum used in production products that were produced by me (us), passing through the territory of any non- of the spirituous beverage—(1) Origin as described below, with the use of rum beneficiary country; or criteria. In order for a spirituous (ii) If the shipment is from a beverage covered by this section to be that was received by me (us); that the beneficiary country or from the U.S. entitled to duty-free entry under the rum used in producing the beverages Virgin Islands into the territory of CBI, the rum used in producing the was received by me (us) on Canada through the territory of any non- spirituous beverage in the territory of llll (date), from llll (name beneficiary country, the rum does not Canada must be wholly the growth, and address of owner or exporter in the enter into the commerce of any non- product, or manufacture either of a beneficiary country or in the U.S. Virgin beneficiary country while en route to beneficiary country under the CBI or of Islands, as applicable); and that such Canada; or the U.S. Virgin Islands, or must rum accounts for at least 90 percent of (iii) If the shipment is from a constitute a new or different article of the alcoholic content by volume, as beneficiary country or from the U.S. commerce that was produced or shown below, of each spirituous Virgin Islands into the territory of manufactured in a beneficiary country beverage so produced. Canada through the territory of any non- or in the U.S. Virgin Islands. Such rum beneficiary country, the rum in the will not be considered to have been Alcoholic con- shipment is imported directly into the grown, produced, or manufactured in a Description tent of prod- beneficiary country or in the U.S. Virgin Marks and of products ucts; alcoholic territory of Canada only if it: numbers and of proc- content (%) at- (A) Remained under the control of the Islands by virtue of having merely essing tributable to customs authority of the intermediate undergone blending, combining or rum 1 country; packaging operations, or mere dilution (B) Did not enter into the commerce with water or mere dilution with ...... of the intermediate country except for another substance that does not ......

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Alcoholic con- that reasonable care was exercised in its DEPARTMENT OF STATE Description tent of prod- claim for duty-free treatment under the Marks and of products ucts; alcoholic CBI. These controls should include tests 22 CFR Part 22 numbers and of proc- content (%) at- essing tributable to to assure the accuracy and availability [Public Notice 4160] rum 1 of records that establish: (1) The origin of the rum; Schedule of Fees for Consular ...... Services, Department of State and (2) The direct shipment of the rum 1 The production records must establish, for Overseas Embassies and Consulates each lot of beverage produced, the quantity of from a beneficiary country or from the rum the growth, product or manufacture of a U.S. Virgin Islands to Canada; AGENCY: Department of State. CBI beneficiary country or of the U.S. Virgin (3) The alcohol content of the finished ACTION: Interim final rule; request for Islands under 19 U.S.C. 2703(a)(6) that is comments. used in producing the finished beverage; the beverage imported from Canada; and alcoholic content by volume of the finished beverage; and the alcoholic content by volume (4) The direct shipment of the SUMMARY: This rule amends the of the finished beverage, expressed as a per- finished beverage from Canada to the Schedule of Fees for Consular Services. centage, that is attributable to the qualifying United States. Specifically, it raises from $65 to $100 rum. If rum from two or more qualifying the fee charged for the processing of an sources (e.g., rum the growth, product or man- (h) Submission of documents to ufacture of a CBI beneficiary country or of the Customs. The importer must be application for a nonimmigrant visa U.S. Virgin Islands and other rum the growth, prepared to submit directly to the port (MRV) or a combined nonimmigrant product or manufacture of another CBI coun- director, if requested, those documents visa and border crossing card (BCC). try) are used in processing the beverage, the The Department of State is raising the alcoholic content requirement may be met by and/or supporting records as described fee as an emergency measure to ensure aggregating the alcoholic content of the fin- in paragraphs (d), (e) and (f) of this ished beverage that is attributable to rum from that sufficient resources are available to each of the qualifying sources used in proc- section, for a period of 5 years from the meet the costs of processing essing the finished beverage, as reflected in date of entry of the related spirituous nonimmigrant visas, the demand for the production records. beverages under section 213(a)(6) of the which has dropped at the same time Date llllllllllllllllll Caribbean Basin Economic Recovery Act that the processing of nonimmigrant Address llllllllllllllll (19 U.S.C. 2703(a)(6)), as provided in visa applications has become more labor Signature llllllllllllllll § 163.4(a) of this chapter. If requested, intensive because of the increased llllllllllllllllll Title the importer must submit such security screening of visa applicants in (2) Availability of supporting documents and/or supporting records to the aftermath of the September 11, 2001 documents. The information, including the port director within 60 calendar attacks on New York and Washington any supporting documents and records, days of the date of the request or such and in Pennsylvania. This rule further necessary for the preparation of the additional period as the port director corrects the item listed as the ‘‘border declaration, as described in paragraph may allow for good cause shown. crossing card’’ for minors under age 15 (f)(1) of this section, must be available by deleting reference to a 5-year period for submission to the port director, if PART 163—RECORDKEEPING of validity. requested. The declaration and any DATES: Effective date: This interim rule supporting evidence may be subject to 1. The authority citation for part 163 is effective on November 1, 2002. such verification as deemed necessary continues to read as follows: Comment period: The Department of by the port director. The specific Authority: 5 U.S.C. 301; 19 U.S.C. 66, State will accept written comments from documentary evidence necessary to 1484, 1508, 1509, 1510, 1624. interested persons up to November 8, support the declaration consists of those 2002. documents and records which 2. The Appendix to part 163 is satisfactorily establish: amended by revising the listing for ADDRESSES: Written comments may be (i) The receipt of the rum by the § 10.199 under section IV to read as submitted to the Office of the Executive Director, Bureau of Consular Affairs, Canadian processor, including the date follows: of receipt and the name and address of U.S. Department of State, Suite H1004, the party from whom the rum was Appendix to Part 163—Interim (a)(1)(a) 2401 E Street NW., Washington, DC received (the owner or exporter in the List 20520, or by e-mail to [email protected]. beneficiary country or the U.S. Virgin * * * * * FOR FURTHER INFORMATION CONTACT: Islands); and IV. * * * Susan Abeyta, Office of the Executive (ii) For each lot of beverage produced Director, Bureau of Consular Affairs, and included in the declaration, the § 10.199 Documents, etc. required for Department of State; phone: 202–663– specific identification of the production duty-free entry of spirituous beverages 2505, telefax: 202–663–2499; e-mail: lot(s) involved; the quantity of produced in Canada from CBI rum, [email protected]. qualifying rum that is used in producing declaration of Canadian processor (plus SUPPLEMENTARY INFORMATION: the finished beverage, including a supporting information). description of the processing and of the * * * * * Background finished products; the alcoholic content by volume of the finished beverage; and Robert C. Bonner, What Is the Authority for This Action? the alcoholic content by volume of the Commissioner of Customs. The majority of the Department of finished beverage, expressed as a Approved: October 3, 2002. State’s consular fees are established percentage, that is attributable to the pursuant to the general user charges qualifying rum. Timothy E. Skud, statute, 31 U.S.C. 9701 (which directs (g) Importer system for review of Deputy Assistant Secretary of the Treasury. that certain government services be self- necessary recordkeeping. The importer [FR Doc. 02–25654 Filed 10–8–02; 8:45 am] sustaining to the extent possible), and/ will establish and implement a system BILLING CODE 4820–02–P or U.S.C. 4219, which as implemented of internal controls which demonstrate through Executive Order 10718 of June

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27, 1957, authorizes the Secretary of corresponding decline in the sufficient time to make necessary State to establish fees to be charged for Department’s costs of administering provisions to implement the new fee as official services provided by U.S. nonimmigrant visa services; such costs early in Fiscal Year 2003 as is feasible. embassies and consulates. In addition, a have remained the same in part because Comments received before the end of number of statutes address specific fees. the processing of each application has the comment period will be addressed A cost-based, nonimmigrant visa become more time consuming and labor in a subsequent final rule. processing fee for the machine readable intensive as a result of enhanced visa (MRV) and for a combined border security screening requirements for Regulatory Flexibility Act crossing and nonimmigrant visa card applicants instituted since September The Department of State, in (BCC) (22 CFR 41.32) is authorized by 11, 2001. Thus, the Department is facing accordance with the Regulatory section 140(a) of the Foreign Relations a critical revenue shortfall because its Flexibility Act (5 U.S.C. 605(b)), has Authorization Act, Fiscal Years 1994 nonimmigrant visa application reviewed this regulation and, by and 1995, Public Law 103–236 (April processing costs can no longer be approving it, certifies that this rule will 30, 1994), as amended. In addition, recovered by MRV revenues generated not have a significant economic impact aliens under 15 are in certain by the MRV fee when set at $65. Taking on a substantial number of small circumstances entitled to a combined the 2001 Cost of Service Study’s figures entities. MRV/BCC for a statutorily established as a baseline, but now distributing the Unfunded Mandates Act of 1995 fee of $13, which is below the full cost costs of nonimmigrant visa application of service, pursuant to section 410 of processing services over a smaller This rule will not result in the title III of the Commerce, Justice, State number of applicants, based on the expenditure by State, local and tribal Appropriations Act enacted as part of smaller number of applicants that the governments, in the aggregate, or by the the Omnibus FY 1999 Appropriations Department has seen in the current private sector, of $1 million or more in Act, Public Law 105–277 (Oct. 21, fiscal year, the Department has any year and it will not significantly or 1998). Various statutes permit the determined that an MRV fee of $100 uniquely affect small governments. Department to retain some of the will be required to recover the full cost Therefore, no actions were deemed consular fees it collects, including the of processing nonimmigrant visa necessary under the provisions of the MRV and MRV/BCC fees. Section 103 of applications during the anticipated Unfunded Mandates Reform Act of the Enhanced Border Security and Visa period of the current Schedule of Fees. 1995. Entry Reform Act of 2002, Public Law Given the uncertainty with respect to Small Business Regulatory Enforcement 107–173 (May 14, 2002), amended when the applicant volume will recover, Fairness Act of 1996 section 140(a) of Public Law 103–235 it is reasonable and appropriate to raise (which authorizes the MRV fee) to the fee now. Failing to do so could This rule is not a major rule as permit the Department to retain all MRV jeopardize the Department’s ability to defined by section 804 of the Small fees until they are expended. continue critical programs, including Business Regulatory Enforcement Act of Consistent with OMB Circular A–25 enhanced border security measures 1996. This rule will not result in an guidelines, the Department conducted a recently undertaken. annual effect on the economy of $100 cost-of-service study from September million or more; a major increase in 1999 to October 2001 to update the Regulatory Findings costs or prices; or significant adverse Schedule of Fees for Consular Services. Administrative Procedure Act effects on competition, employment, The results of that study were the investment, productivity, innovation, or foundation of the current Schedule, The Department is publishing this on the ability of United States-based which was published as a final rule on rule as an interim rule, with a provision companies to compete with foreign May 16, 2002, at Volume 67, No. 95 FR for post-promulgation comments, based based companies in domestic and 34831. The Schedule went into effect on on the ‘‘good cause’’ exceptions set forth import markets. June 1, 2002. at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The rule will not take effect, however, Executive Order 12866 Why Is the Department Raising the MRV until November 1, 2002. Publishing the The Department of State does not and BCC Application Processing Fee to rule in this way, with a post- consider this rule to be a ‘‘significant $100 at This Time? promulgation opportunity for comment, regulatory action’’ under Executive The $65 MRV/BCC fee that went into will allow the Department to make the Order 12866, section 3(f), Regulatory effect on June 1, 2002 was based on rule effective at the earliest reasonable Planning and Review. In addition, the worldwide nonimmigrant visa opportunity. Allowing a full 30-day Department is exempt from Executive operations’ total costs distributed over comment period followed by a Order 12866 except to the extent that it an anticipated applicant level of publication of the final rule with a is promulgating regulations in approximately 10.5 million per year. It further 30 days before its effective date conjunction with a domestic agency that is now clear, however, that the estimate is not practicable or in the public are significant regulatory actions. The of the number of nonimmigrant visa interest. That process would delay Department has nevertheless reviewed applicants was too high. Visa demand imposition of the new fee the regulation to ensure its consistency worldwide has dropped by notwithstanding the critical need for the with the regulatory philosophy and approximately 19.6% overall for the Department to recover its costs and to principles set forth in that Executive current fiscal year, which has been have sufficient resources to conduct Order. affected by international economic activities that are dependent on MRV conditions and the events of September fee revenues, including the enhanced Executive Order 13132 11, 2001. The trend is continuing security screening of visa applicants and This regulation will not have downward: nonimmigrant visa demand other measures being taken in the substantial direct effects on the States, was down 26% during the normally aftermath of the September 11, 2001 on the relationship between the national peak season of June 1 to August 31. In terrorist attacks on the United States. By government and the States, or on the August 2002, visa demand was down setting the new fee through an interim distribution of power and 32.9%. There has been no final rule, the Department will have responsibilities among the various

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levels of government. Therefore, in collection number 1405—by increasing Authority: 8 U.S.C. 1153 note, 1351, 1351 accordance with section 6 of Executive the public cost burden. note; 10 U.S.C. 2602 (c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. Order 13132, it is determined that this List of Subjects in 22 CFR Part 22 rule does not have sufficient federalism 9701; Pub. L. 105–277, 112 Stat. 2681 et seq.; implications to require consultations or Consular services, Fees, Passports and E.O. 10718, 22 FR 4632, 3 CFR, 1954–1958 warrant the preparation of a federalism visas. Comp., p. 382; E.O. 11295, 31 FR 10603, 3 summary impact statement. Accordingly, 22 CFR part 22 is CFR, 1966–1970 Comp., p. 570. amended as follows: Paperwork Reduction Act 2. Section 22.1 is amended by revising PART 22—[AMENDED] item No. 21(a), (b), and (c), to read as This rule does not impose any new follows: reporting or record-keeping 1. The authority citation for part 22 requirements. It will affect OMB continues to read as follows: § 22.1 Schedule of fees.

Item No. Fee

******* 21. Nonimmigrant visa application and border crossing card processing fees (per person): (a) Nonimmigrant visa [21–MRV Processing] ...... $100 (b) Border crossing card—10 year (age 15 and over) [22–BCC 10 Year] ...... 100 (c) Border crossing card—(under age 15). For Mexican citizen if parent has or is applying for a border crossing card (23–BCC Child) ...... 13

*******

Dated: September 27, 2002. 2002 ), and the proposed rule at 67 FR Government and the States, or on the Grant S. Green, Jr., 40253–40254 (June 12, 2002). distribution of power and Under Secretary of State for Management, Under 5 U.S.C. 552a(k)(2), the head of responsibilities among the various Department of State. an agency may promulgate rules to levels of government. Therefore, it is [FR Doc. 02–25692 Filed 10–4–02; 2:59 pm] exempt any system of records within the determined that this final rule does not BILLING CODE 4710–06–P agency from certain provisions of the have federalism implications under Privacy Act of 1974, as amended, if the Executive Order 13132. system is investigatory material compiled for law enforcement purposes. Pursuant to the requirements of the DEPARTMENT OF THE TREASURY The ‘‘Employee Complaint and Regulatory Flexibility Act, 5 U.S.C. 601– Allegation Referral Records—Treasury/ 612, it is hereby certified that these 31 CFR Part 1 IRS 00.007’’, contains investigatory regulations will not significantly affect a material compiled for law enforcement substantial number of small entities. Privacy Act, Implementation purposes. The final rule imposes no duties or AGENCY: Internal Revenue Service, The proposed rule requested that obligations on small entities. Treasury. public comments be sent to the Director, In accordance with the provisions of Commissioner’s Processing and ACTION: Final rule. the Paperwork Reduction Act of 1995, Analysis Group, Internal Revenue the Department of the Treasury has SUMMARY: In accordance with the Service, 1111 Constitution Ave., determined that this final rule would requirements of the Privacy Act of 1974, N:ADC:C, NW., Washington, DC 20224, not impose new record keeping, as amended, the Department of the no later than July 12, 2002. application, reporting, or other types of The IRS did not receive comments on Treasury gives notice of a final rule to information collection requirements. exempt an Internal Revenue Service the proposed rule. Accordingly, the system of records entitled ‘‘Employee Department of the Treasury is hereby List of Subjects in 31 CFR Part 1 Complaint and Allegation Referral giving notice that the system of records Records—Treasury/IRS 00.007’’ from entitled ‘‘Employee Complaint and Privacy. certain provisions of the Privacy Act. Allegation Referral Records—Treasury/ Part 1, Subpart C of title 31 of the IRS 00.007’’, is exempt from certain EFFECTIVE DATE: October 9, 2002. Code of Federal Regulations is amended provisions of the Privacy Act. as follows: FOR FURTHER INFORMATION CONTACT: Jim The provisions of the Privacy Act D’Elia, Commissioner’s Complaint from which the system of records is PART 1—[AMENDED] Processing and Analysis Group, exempt pursuant to 5 U.S.C. 552a(k)(2) N:ADC:C , 1111 Constitution Avenue, are as follows: 5 U.S.C. 552a(c)(3), (d), NW., Washington, DC 20224, Phone 1. The authority citation for part 1 (e)(1), (e)(4)(G), (e)(4)(H) and (e)(4)(I), continues to read as follows: 202–622–5212. and (f). SUPPLEMENTARY INFORMATION: The As required by Executive Order Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Department of the Treasury published a 12866, it has been determined that this Subpart A also issued under 5 U.S.C. 552 as notice of a proposed rule exempting a proposed rule is not a significant amended. Subpart C also issued under 5 system of records from certain regulatory action, and therefore, does U.S.C. 552a. provisions of the Privacy Act of 1974, as not require a regulatory impact analysis. amended. The Internal Revenue Service The regulation will not have a 2. Section 1.36 paragraph (g)(1)(viii) is (IRS) published the system notice in its substantial direct effect on the States, on amended by adding the following text to entirety at 67 FR 36963–36964 (May 28, the relationship between the Federal the table in numerical order.

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§ 1.36 Systems exempt in whole or in part (g) * * * from provisions of 5 U.S.C. 522a and this part. (1) * * * * * * * * (viii) * * *

System No. Name of system

******* IRS 00.007 ...... Employee Complaint and Allegation Referral Records.

*******

Dated: September 17, 2002. Roscoe Butler, Chief Policy & a substantial number of small entities as W. Earl Wright, Jr., Operations, Health Administration they are defined in the Regulatory Chief Management and Administrative Service (10C3), at (202) 273–8302. These Flexibility Act (RFA), 5 U.S.C. 601–612. Programs Officer. individuals are in the Veterans Health This amendment would not directly [FR Doc. 02–25691 Filed 10–8–02; 8:45 am] Administration of the Department of affect any small entities. Only BILLING CODE 4830–11–P Veterans Affairs, and are located at 810 individuals could be directly affected. Vermont Avenue, NW., Washington, DC Therefore, pursuant to 5 U.S.C. 605(b), 20420. this amendment is exempt from the DEPARTMENT OF VETERANS SUPPLEMENTARY INFORMATION: In a initial and final regulatory flexibility AFFAIRS document published in the Federal analysis requirements of sections 603 Register on July 23, 2002 (67 FR 48078), and 604. 38 CFR Part 17 the Department of Veterans Affairs Catalog of Federal Domestic Assistance RIN 2900–AK38 proposed to amend its enrollment Numbers regulations that manage the delivery of The Catalog of Federal Domestic Enrollment—Provision of Hospital and inpatient hospital care and outpatient medical care. We requested comments Assistance numbers for the programs affected Outpatient Care to Veterans by this document are 64.005, 64.007, 64.008, for a 30-day period that ended August 64.009, 64.010, 64.011, 64.012, 64.013, AGENCY: Department of Veterans Affairs. 22, 2002, to allow for a final rule to be 64.014, 64.015, 64.016, 64.018, 64.019, ACTION: Final rule. established in time to allow the VA 64.022, and 64.025. Secretary to have as many options as SUMMARY: VA’s medical regulations possible concerning the provision of List of Subjects in 38 CFR Part 17 captioned ‘‘Enrollment—Provision of health care services to veterans in fiscal Administrative practice and Hospital and Outpatient Care to year 2003. We received no comments. procedure, Alcohol abuse, Alcoholism, Veterans’’ implement a national Based on the rationale set forth in the Claims, Day care, Dental health, Drug enrollment system to manage the proposed rule, we are adopting the abuse, Foreign relations, Government delivery of inpatient hospital care and proposed rule as a final rule. contracts, Grant programs—health, outpatient medical care. Prior to Grant programs—veterans, Health care, Unfunded Mandates October 1, 2002, veterans were eligible Health facilities, Health professions, to be enrolled based on seven priority The Unfunded Mandates Reform Act Health records, Homeless, Medical and categories. In this final rule we add requires, at 2 U.S.C. 1532, that agencies dental schools, Medical devices, veterans awarded the Purple Heart to prepare an assessment of anticipated Medical research, Mental health priority category 3 to implement new costs and benefits before developing any programs, Nursing homes, Philippines, statutory requirements. We also delete rule that may result in an expenditure Reporting and recordkeeping the copayment provisions from priority by State, local, or tribal governments, in requirements, Scholarships and category 4 to clarify statutory the aggregate, or by the private sector of fellowships, Travel and transportation requirements. In addition, we divide $100 million or more in any given year. expenses, Veterans. priority category 7 into two new priority This rule would have no consequential Approved: September 18, 2002. categories (7 and 8) to implement new effect on State, local, or tribal Anthony J. Principi, statutory requirements, using the governments. subpriorities for former category 7 for Secretary of Veterans Affairs. these new categories. Further, we state Paperwork Reduction Act For the reasons set out in the principles for placing veterans in This document contains no provisions preamble, 38 CFR part 17 is amended as enrollment categories to help ensure constituting a collection of information set forth below: clarity and fairness in making priority under the Paperwork Reduction Act (44 category determinations. Finally, we U.S.C. 3501–3520). PART 17—MEDICAL change the VA officials who can make Executive Order 12866 1. The authority citation for part 17 enrollment decisions and provide an continues to read as follows: additional address for sending a request This document has been reviewed by the Office of Management and Budget Authority: 38 U.S.C. 501, 1721, unless for voluntary disenrollment. otherwise noted. DATES: Effective Date: November 8, under Executive Order 12866. 2002. 2. Section 17.36 is amended by: Regulatory Flexibility Act A. Removing ‘‘Chief Network Officer’’ FOR FURTHER INFORMATION CONTACT: The Secretary hereby certifies that wherever it appears and adding, in its Amy Hertz, Office of Policy and this regulatory amendment will not place, ‘‘Deputy Under Secretary for Planning (105D), at (202) 273–8934 or have a significant economic impact on Health for Operations and Management

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or Chief, Health Administration Service 3.272, 3.273, and 3.276. After World War I or a veteran with a 0 or equivalent official at a VA medical determining the veterans’ income and percent service-connected disability facility, or Director, Health Eligibility the number of persons in the veterans’ who is nevertheless compensated; their Center’’. family (including only the spouse and catastrophic disability is a disorder B. Revising paragraphs (a)(2), (b)(4), dependent children), VA will compare associated with exposure to a toxic and (b)(7). their income with the current applicable substance or radiation, or with service C. In paragraph (b)(3), removing ‘‘low-income’’ income limit for the in the Southwest Asia theater of ‘‘prisoners of war;’’ and adding, in its public housing and section 8 programs operations during the Gulf War as place, ‘‘prisoners of war; veterans in their area that the U.S. Department of provided in 38 U.S.C. 1710(e); or their awarded the Purple Heart;’’ Housing and Urban Development catastrophic disability is an illness D. Adding a new paragraph (b)(8). publishes pursuant to 42 U.S.C. associated with service in combat in a E. Revising paragraph (d)(1); removing 1437a(b)(2). If the veteran’s income is war after the Gulf War or during a ‘‘Note to Paragraph (d)(1)’’; and below the applicable ‘‘low-income’’ period of hostility after November 11, redesignating paragraphs (d)(3) through income limits for the area in which the 1998, as provided in 38 U.S.C. 1710(e). (d)(5) as paragraphs (d)(4) through veteran resides, the veteran will be All other veterans applying based on (d)(6), respectively. considered to have ‘‘low income’’ for inclusion in priority category 4 because F. Adding a new paragraph (d)(3). purposes of this paragraph. To avoid a they are catastrophically disabled must G. Revising newly redesignated hardship to a veteran, VA may use the complete the entire form. Veterans paragraphs (d)(5) introductory text; and projected income for the current year of applying based on inclusion in priority (d)(5)(i). the veteran, spouse, and dependent category 5 must complete the entire H. In newly redesignated paragraph children if the projected income is form. Veterans applying based on (d)(5)(iii), removing ‘‘priority category below the ‘‘low income’’ income limit inclusion in priority category 7 must 5;’’ and adding, in its place, ‘‘priority referenced above. This category is complete the entire form except for category 5 or priority category 7;’’. further prioritized into the following section IIE. VA form 10–10EZ is set I. In paragraph (f), removing ‘‘[insert subcategories: forth in paragraph (f) of this section and actual photocopy of VA Form 10– (i) Noncompensable zero percent is available from VA medical facilities. 10EZ]’’. service-connected veterans; and J. Revising the authority at the end of * * * * * (ii) All other priority category 7 the section. (3) Placement in enrollment The revisions and additions read as veterans. categories. follows: (8) Veterans not included in priority (i) Veterans will be placed in priority category 4 or 7, who are eligible for care categories whether or not veterans in § 17.36 Enrollment—provision of hospital only if they agree to pay to the United that category are eligible to be enrolled. and outpatient care to veterans. States the applicable copayment (ii) A veteran will be placed in the (a) * * * determined under 38 U.S.C. 1710(f) and highest priority category or categories (2) Except as provided in paragraph 1710(g). This category is further for which the veteran qualifies. (a)(3) of this section, a veteran enrolled prioritized into the following (iii) A veteran may be placed in only under this section and who, if required subcategories: one priority category, except that a by law to do so, has agreed to make any (i) Noncompensable zero percent veteran placed in priority category 6 applicable copayment is eligible for VA service-connected veterans; and based on a specified disorder or illness hospital and outpatient care as provided (ii) All other priority category 8 will also be placed in priority category in the ‘‘medical benefits package’’ set veterans. 7 or priority category 8, as applicable, if forth in § 17.38. * * * * * the veteran has previously agreed to pay * * * * * (d) Enrollment and disenrollment the applicable copayment, for all (b) * * * process—(1) Application for enrollment. matters not covered by priority category (4) Veterans who receive increased A veteran may apply to be enrolled in 6. pension based on their need for regular the VA healthcare system at any time. (iv) A veteran who had been enrolled aid and attendance or by reason of being A veteran who wishes to be enrolled based on inclusion in priority category permanently housebound and other must apply by submitting a VA Form 5 and became no longer eligible for veterans who are determined to be 10–10EZ to a VA medical facility. inclusion in priority category 5 due to catastrophically disabled by the Chief of Veterans applying based on inclusion in failure to submit to VA a current VA Staff (or equivalent clinical official) at priority categories 1, 2, 3, 6, and 8 do Form 10–10EZ will be changed the VA facility where they were not need to complete section II, but automatically to enrollment based on examined. must complete the rest of the form. inclusion in priority category 6 or 8 (or * * * * * Veterans applying based on inclusion in more than one of these categories if the (7) Veterans who agree to pay to the priority category 4 because of their need previous principle applies), as United States the applicable copayment for regular aid and attendance or by applicable, and be considered determined under 38 U.S.C. 1710(f) and being permanently housebound need continuously enrolled. To meet the 1710(g) if their income for the previous not complete section II, but must criteria for priority category 5, a veteran year constitutes ‘‘low income’’ under complete the rest of the form. Veterans must be eligible for priority category 5 the geographical income limits applying based on inclusion in priority based on the information submitted to established by the U.S. Department of category 4 because they are VA in a current VA Form 10–10EZ. To Housing and Urban Development for the catastrophically disabled need not be current, after VA has sent a form 10– fiscal year that ended on September 30 complete section II, but must complete 10EZ to the veteran at the veteran’s last of the previous calendar year. For the rest of the form, if: they agree to pay known address, the veteran must return purposes of this paragraph, VA will to the United States the applicable the completed form (including determine the income of veterans (to copayment determined under 38 U.S.C. signature) to the address on the return include the income of their spouses and 1710(f) and 1710(g); they are a veteran envelope within 60 days from the date dependents) using the rules in §§ 3.271, of the Mexican border period or of VA sent the form to the veteran.

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(v) Veterans will be disenrolled, and recurrent debilitating episodes at least information by addressing the following reenrolled, in the order of the priority four times during the past 12-month questions: categories listed with veterans in period despite ongoing What is an SIP? priority category 1 being the last to be immunosuppressive therapy’’ is What is the Federal approval process for an disenrolled and the first to be corrected to read ‘‘a 30-percent SIP? reenrolled. Similarly, within priority evaluation calls for recurrent What does Federal approval of a state categories 7 and 8, veterans will be debilitating episodes at least four times regulation mean to me? disenrolled, and reenrolled, in the order during the past 12-month period, and What is being addressed in this action? of the priority subcategories listed with requiring intermittent systemic Have the requirements for approval of an veterans in subcategory (i) being the last immunosuppressive therapy.’’ SIP revision been met? What action is EPA taking? to be disenrolled and first to be Approved: October 1, 2002. reenrolled. Roland Halstead, What Is a SIP? * * * * * Acting Director, Office of Regulatory Law. Section 110 of the Clean Air Act (5) Disenrollment. A veteran enrolled [FR Doc. 02–25492 Filed 10–8–02; 8:45 am] (CAA) requires states to develop air in the VA health care system under BILLING CODE 8320–01–P pollution regulations and control paragraph (d)(2) or (d)(4) of this section strategies to ensure that state air quality will be disenrolled only if: meets the national ambient air quality (i) The veteran submits to a VA standards established by EPA. These medical center or the VA Health ENVIRONMENTAL PROTECTION AGENCY ambient standards are established under Eligibility Center, 1644 Tullie Circle, section 109 of the CAA, and they Atlanta, Georgia 30329, a signed 40 CFR Part 52 currently address six criteria pollutants. document stating that the veteran no These pollutants are: carbon monoxide, longer wishes to be enrolled; or [IA 154–1154a; FRL–7392–6] nitrogen dioxide, ozone, lead, * * * * * Approval and Promulgation of particulate matter, and sulfur dioxide. (Authority: 38 U.S.C 101, 501, 1521, 1701, Each state must submit these Implementation Plans; State of Iowa 1705, 1710, 1721, 1722). regulations and control strategies to us [FR Doc. 02–25491 Filed 10–8–02; 8:45 am] AGENCY: Environmental Protection for approval and incorporation into the BILLING CODE 8320–01–P Agency (EPA). Federally-enforceable SIP. ACTION: Direct final rule. Each Federally-approved SIP protects air quality primarily by addressing air DEPARTMENT OF VETERANS SUMMARY: EPA is announcing it is pollution at its point of origin. These AFFAIRS approving revisions to the Iowa State SIPs can be extensive, containing state Implementation Plan (SIP). The SIP regulations or other enforceable 38 CFR Part 36 revisions, regarding the state’s documents and supporting information RIN 2900–AF00 construction permitting rules as they such as emission inventories, pertain to industrial anaerobic lagoons monitoring networks, and modeling Schedule for Rating Disabilities; The and anaerobic lagoons for animal demonstrations. Skin feeding operations in Iowa, will help What Is the Federal Approval Process ensure Federal enforceability of the AGENCY: for a SIP? Department of Veterans Affairs. state’s air program. ACTION: Final rule; correction. DATES: This direct final rule will be In order for state regulations to be incorporated into the Federally- SUMMARY: effective December 9, 2002, unless EPA In a document published in enforceable SIP, states must formally the Federal Register on July 31, 2002, receives adverse comments by November 8, 2002. If adverse comments adopt the regulations and control (67 FR 49590), we amended that portion strategies consistent with state and of the Department of Veterans Affairs are received, EPA will publish a timely withdrawal of the direct final rule in the Federal requirements. This process (VA) Schedule for Rating Disabilities generally includes a public notice, that addresses the skin. The document Federal Register informing the public that the rule will not take effect. public hearing, public comment period, contains an error in the Supplementary and a formal adoption by a state- ADDRESSES: Information portion of the preamble. Comments may be mailed to authorized rulemaking body. That error consists of an incorrect Lynn M. Slugantz, Environmental Once a state rule, regulation, or restatement of regulatory text. This Protection Agency, Air Planning and control strategy is adopted, the state document corrects that error. Development Branch, 901 North 5th submits it to us for inclusion into the DATES: Effective Date: This correction is Street, Kansas City, Kansas 66101. SIP. We must provide public notice and effective July 31, 2002. Copies of documents relative to this seek additional public comment FOR FURTHER INFORMATION CONTACT: action are available for public regarding the proposed Federal action Caroll McBrine, M.D., Consultant, inspection during normal business on the state submission. If adverse Policy and Regulations Staff (211B), hours at the above-listed Region 7 comments are received, they must be Compensation and Pension Service, location. The interested persons addressed prior to any final Federal Veterans Benefits Administration, wanting to examine these documents action by us. Department of Veterans Affairs, 810 should make an appointment with the All state regulations and supporting Vermont Avenue NW., Washington, DC office at least 24 hours in advance. information approved by EPA under 20420, (202) 273–7230. FOR FURTHER INFORMATION CONTACT: section 110 of the CAA are incorporated SUPPLEMENTARY INFORMATION: In rule FR Lynn M. Slugantz at (913) 551–7883. into the Federally-approved SIP. Doc. 02–19331, published on July 31, SUPPLEMENTARY INFORMATION: Records of such SIP actions are 2002 (67 FR 49590), on page 49595, in Throughout this document whenever maintained in the Code of Federal column 1, the first paragraph, the phrase ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Regulations (CFR) at Title 40, part 52, ‘‘a 30-percent evaluation calls for EPA. This section provides additional entitled ‘‘Approval and Promulgation of

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Implementation Plans.’’ The actual state was amended to refer to criteria in Unfunded Mandates Reform Act of 1995 regulations which are approved are not subrule 23.5(2) and Iowa rule 567– (Public Law 104–4). reproduced in their entirety in the CFR 65.15(455B) to be used in determining This rule also does not have tribal outright but are ‘‘incorporated by when to issue a construction permit for implications because it will not have a reference,’’ which means that we have industrial anaerobic lagoon and for substantial direct effect on one or more approved a given state regulation with animal feeding operations using an Indian tribes, on the relationship a specific effective date. anaerobic lagoon, respectively. between the Federal Government and Indian tribes, or on the distribution of What Does Federal Approval of a State Have the Requirements for Approval of power and responsibilities between the Regulation Mean to Me? a SIP Revision Been Met? Federal Government and Indian tribes, Enforcement of the state regulation The state submittal has met the public as specified by Executive Order 13175 before and after it is incorporated into notice requirements for SIP submissions (65 FR 67249, November 9, 2000). This the Federally-approved SIP is primarily in accordance with 40 CFR 51.102. The action also does not have Federalism a state responsibility. However, after the submittal also satisfied the implications because it does not have regulation is Federally approved, we are completeness criteria of 40 CFR part 51, substantial direct effects on the States, authorized to take enforcement action appendix V. In addition, as explained on the relationship between the national against violators. Citizens are also above and in more detail in the government and the States, or on the offered legal recourse to address technical support document which is distribution of power and violations as described in section 304 of part of this document, the revision responsibilities among the various the CAA. meets the substantive SIP requirements levels of government, as specified in Executive Order 13132 (64 FR 43255, What Is Being Addressed in This of the CAA, including section 110 and August 10, 1999). This action merely Action? implementing regulations. approves a state rule implementing a The Iowa Department of Natural What Action Is EPA Taking? Federal standard, and does not alter the Resources (IDNR) has requested that relationship or the distribution of power We are approving amendments to EPA approve changes to Iowa and responsibilities established in the Iowa Administrative Code, Chapter 22, Administrative Code, Chapter 22, CAA. This rule also is not subject to subrules 22.1(3), 22.1(3)‘‘c’’(3) and ‘‘Controlling Pollution,’’ as a revision to Executive Order 13045, ‘‘Protection of 22.3(2). We are processing this action as the Iowa SIP. The changes were adopted Children from Environmental Health a final action because the revisions by the Environmental Protection Risks and Safety Risks’’ (62 FR 19885, make routine changes to the existing Commission on March 15, 1999, and April 23, 1997), because it is not rules which are noncontroversial. became effective on May 12, 1999. Our economically significant. approval of these revisions is consistent Therefore, we do not anticipate any In reviewing SIP submissions, EPA’s with our past approval of Iowa adverse comments. Please note that if role is to approve state choices, construction permitting regulations for EPA receives adverse comment on part provided that they meet the criteria of these types of lagoons. While the of this rule and if that part can be the CAA. In this context, in the absence revisions to IAC chapter 22 reference severed from the remainder of the rule, of a prior existing requirement for the IAC chapter 65, the state of Iowa did not EPA may adopt as final those parts of State to use voluntary consensus request EPA approval of the chapter 65 the rule that are not the subject of an standards (VCS), EPA has no authority requirements since it includes adverse comment. to disapprove a SIP submission for requirements (for example odor Administrative Requirements failure to use VCS. It would thus be controls) not pertaining to the inconsistent with applicable law for requirements of section 110 of the Clean Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission, Air Act. 51735, October 4, 1993), this action is to use VCS in place of a SIP submission The following is a description of the not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of changes to Chapter 22 of the Iowa therefore is not subject to review by the the CAA. Thus, the requirements of Administrative Code which are the Office of Management and Budget. For section 12(d) of the National subject of this approval action: this reason, this action is also not Technology Transfer and Advancement 1. Application for a Construction subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not Permit—Chapter 22, subrule 22.1(3), ‘‘Actions Concerning Regulations That apply. This rule does not impose an was amended to specify that the owner Significantly Affect Energy Supply, information collection burden under the or operator of any new or modified Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction industrial anaerobic lagoon or a new or 22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). modified anaerobic lagoon for an animal state law as meeting Federal The Congressional Review Act, 5 feeding operation other than a small requirements and imposes no additional U.S.C. 801 et seq., as added by the Small operation, as defined elsewhere in the requirements beyond those imposed by Business Regulatory Enforcement State’s regulations, shall apply for a state law. Accordingly, the Fairness Act of 1996, generally provides construction permit. Administrator certifies that this rule that before a rule may take effect, the 2. Required Application Information will not have a significant economic agency promulgating the rule must for Animal Feeding Operation—Chapter impact on a substantial number of small submit a rule report, which includes a 22, subrule 22.1(3), paragraph ‘‘c’’, entities under the Regulatory Flexibility copy of the rule, to each House of the subparagraph (3), was amended to refer Act (5 U.S.C. 601 et seq.). Because this Congress and to the Comptroller General to Iowa rule 567–65.15(455B) for a rule approves pre-existing requirements of the United States. EPA will submit a description of information to be under state law and does not impose report containing this rule and other provided in the construction permit any additional enforceable duty beyond required information to the U.S. Senate, application. that required by state law, it does not the U.S. House of Representatives, and 3. Conditions for State Issuance of a contain any unfunded mandate or the Comptroller General of the United Construction Permit for Anaerobic significantly or uniquely affect small States prior to publication of the rule in Lagoons—Chapter 22, subrule 22.3(2), governments, as described in the the Federal Register. A major rule

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cannot take effect until 60 days after it enforce its requirements. (See section PART 52—[AMENDED] is published in the Federal Register. 307(b)(2).) 1. The authority citation for part 52 This action is not a ‘‘major rule’’ as List of Subjects 40 CFR Part 52 defined by 5 U.S.C. 804(2). continues to read as follows: Environmental protection, Air Authority: 42 U.S.C. 7401 et seq. Under section 307(b)(1) of the CAA, pollution control, Carbon monoxide, petitions for judicial review of this Hydrocarbons, Incorporation by Subpart Q—Iowa action must be filed in the United States reference, Intergovernmental relations, Court of Appeals for the appropriate Lead, Nitrogen dioxide, Ozone, 2. In § 52.820 the table in paragraph circuit by December 9, 2002. Filing a Particulate matter, Reporting and (c) is amended under Chapter 22— petition for reconsideration by the recordkeeping requirements, Sulfur Controlling Pollution by: Administrator of this final rule does not oxides. affect the finality of this rule for the a. Revising the entry for ‘‘567–22.1’’. purposes of judicial review nor does it Dated: June 3, 2002. b. Revising the entry for ‘‘567–22.3’’.. extend the time within which a petition William W. Rice, The revisions read as follows: for judicial review may be filed, and Acting Regional Administrator, Region 7. shall not postpone the effectiveness of Chapter I, title 40 of the Code of § 52.820 Identification of plan. such rule or action. This action may not Federal Regulations is amended as * * * * * be challenged later in proceedings to follows: (c) * * *

EPA-APPROVED IOWA REGULATIONS

State effective Iowa citation Title date EPA approval date Comments

Iowa Department of Natural Resources, Environmental Protection Commission [567]

*******

Chapter 22—Controlling Pollution

567–22.1 ...... Permits Required for New or Exist- 3/14/01 October 9, 2002 ing Stationary Sources. 67 FR 62889

******* 567–22.3 ...... Issuing Permits ...... 3/14/01 October 9, 2002 Subrule 22.3(6) has not been ap- 67 FR 62889 proved as part of the SIP.

*******

* * * * * programs. On August 14, 2001 and on Denver, Colorado 80202. Copies of the [FR Doc. 02–25590 Filed 10–8–02; 8:45 am] August 15, 2001, the Governor of Utah documents relevant to this action are BILLING CODE 6560–50–P submitted revisions to the SIP affecting available for public inspection during the State’s motor vehicle I/M programs. normal business hours at the United The August 14, 2001, submittal revised States Environmental Protection ENVIRONMENTAL PROTECTION Utah’s Rule R307–110–33, which Agency, Region VIII, Air and Radiation AGENCY incorporates by reference Section X, Program, 999 18th Street, Suite 300, Vehicle Inspection and Maintenance Denver, Colorado 80202 and copies of 40 CFR Part 52 Program, Part C, Salt Lake County to the Incorporation by Reference material allow Salt Lake County to take 100% are available at the United States [UT–001–0038, UT–001–0039, UT–001–0040; credit for their test and repair vehicle I/ Environmental Protection Agency, Air FRL–7262–2] M network, rather than the previously and Radiation Docket and Information Approval and Promulgation of Air required EPA default of a 50% Center, 401 M Street, SW., Washington, Quality Implementation Plans; State of emissions reduction credit. The August DC 20460. Copies of the State Utah; Vehicle Inspection and 15, 2001, submittal revises Utah’s Rule documents relevant to this action are Maintenance Programs; Salt Lake R307–110–31, which incorporates by available for public inspection at the County and General Requirements and reference Section X, Vehicle Inspection Utah Department of Environmental Applicability and Maintenance Program, Part A, Quality, Division of Air Quality, 150 General Requirements and Applicability North 1950 West, Salt Lake City, Utah AGENCY: Environmental Protection to require mandatory implementation of 84114. Agency (EPA). the inspection of vehicle On-Board FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. Diagnostic (OBD) systems starting Jeffrey Kimes, EPA, Region VIII, (303) January 1, 2002. In this action, EPA is 312–6445. SUMMARY: On March 21, 2002, EPA approving the revisions to Utah’s Rule published a notice of proposed R307–110–33 and Rule R307–110–31. SUPPLEMENTARY INFORMATION: rulemaking (NPR) that proposed Throughout this document, wherever EFFECTIVE DATE: approval of revisions to Utah’s state air November 8, 2002. ‘‘we,’’ ‘‘our,’’ or ‘‘us’’ is used, we mean quality implementation plan (SIP). The ADDRESSES: Richard R. Long, Director, EPA. revisions update Utah’s vehicle Air and Radiation Program, Mail code Throughout this document wherever inspection and maintenance (I/M) 8P–AR, 999 18th Street, Suite 300, ‘‘R307–110–33’’ is used alone it is

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assumed to mean ‘‘R307–110–33, which implementing the program on January 1, administratively and technically incorporates by reference Section X, 2002. The revised rule R307–110–33 complete. Our completeness Vehicle Inspection and Maintenance being approved in this action determination was sent on October 18, Program, Part C, Salt Lake County’’ and supersedes and replaces the existing 2001, through a letter from Jack W. wherever ‘‘R307–110–31’’ is used alone R307–110–33 rule. McGraw, Acting Regional it is assumed to mean ‘‘R307–110–31, Administrator, to Governor Michael O. II. What Is the State’s Process To which incorporates by reference Section Leavitt. Submit These Materials to EPA? X, Vehicle Inspection and Maintenance III. Evaluation of the State’s Submittal Program, Part A, General Requirements Section 110(k) of the Clean Air Act and Applicability.’’ (CAA) addresses our actions on We have thoroughly reviewed the submissions of revisions to a State Utah rules that are the subject of this Table of Contents Implementation Plan (SIP). The CAA rulemaking and have found the I. Summary of EPA’s Final Action requires states to observe certain revisions to meet all applicable II. What Is the State’s Process to Submit procedural requirements in developing requirements. A detailed evaluation of These Materials to EPA? A. R307–110–33, Which Incorporates by SIP revisions for submittal to us. Section the rule revisions submitted by the State Reference Section X, Vehicle Inspection 110(a)(2) of the CAA requires that each can be found in the notice of proposed and Maintenance Program, Part C, Salt SIP revision be adopted by the State, rulemaking (NPR) for these rules found Lake County after reasonable notice and public at 57 FR 9425, March 1, 2001. The NPR B. R307–110–31, Which Incorporates by hearing, and prior to the revision being provided a detailed evaluation of how Reference Section X, Vehicle Inspection submitted by a state to us. the State submittal meets the CAA and Maintenance Program, Part A, requirements and the entire evaluation General Requirements and Applicability A. R307–110–33, Which Incorporates by III. Evaluation of the State’s Submittals Reference Section X, Vehicle Inspection is not repeated here. The evaluation A. R307–110–33, Which Incorporates by and Maintenance Program, Part C, Salt below is a limited summary of the Reference Section X, Vehicle Inspection Lake County evaluation found in the NPR. and Maintenance Program, Part C, Salt A. R307–110–33, Which Incorporates by Lake County The Utah Air Quality Board (UAQB) B. R307–110–31, Section X, Vehicle held a public hearing on June 21, 2001, Reference Section X, Vehicle Inspection Inspection and Maintenance Program, to include in the Salt Lake County SIP and Maintenance Program, Part C, Salt Part A, General Requirements and element a demonstration that Salt Lake Lake County Applicability County’s test and repair I/M network is In this action, we are approving IV. Public Comment as effective as a test only I/M network, V. Final Rulemaking Action revisions to Utah’s Rule R307–110–33, VI. Consideration of Clean Air Act Section and allow the County to claim 100% as adopted by the UAQB on August 1, 110(l) credit instead of 50% credit in 2001, and State effective on August 2, VII. Administrative Requirements emissions reduction. The UAQB 2001. The Salt Lake County vehicle I/M adopted the revisions to R307–110–33, program is in place to reduce vehicle I. Summary of EPA’s Final Action on August 1, 2001. This SIP revision emissions so that the Federal carbon We are approving revisions to the SIP became State effective on August 2, monoxide National Ambient Air Quality that were submitted by the Governor of 2001, and was submitted by the Standard (NAAQS) and the Federal 1- Utah on August 14, 2001 and August 15, Governor of Utah to us on August 14, hour ozone NAAQS are not exceeded. 2001. The August 14, 2001, submittal 2001. The changes in Rule R307–110–33 updates Utah’s Rule R307–110–33. B. R307–110–31, Which Incorporates by involve a demonstration that Salt Lake Specifically, this revision allows Salt County’s test and repair I/M network is Lake County to receive full credit Reference Section X, Vehicle Inspection and Maintenance Program, Part A, as effective as a test only I/M network. (100%) for its test and repair vehicle Section 182(b)(4) of the CAA requires General Requirements and Applicability Inspection and Maintenance (I/M) that Salt Lake County implement an I/ network. Salt Lake County has The UAQB held a public hearing on M program at least as effective as EPA’s demonstrated that its test and repair I/ June 21, 2001, to consider amendments Basic Performance Standard as M network is as effective as a test only to postpone the Federally required specificied in 40 CFR 51.352. Our July I/M network and is eligible to take full inspection of the OBD systems on newer 24, 2000, rulemaking (see 65 FR 45526) emission reduction credit rather than vehicles, because the Federal deleted our prior requirement of an the previously required EPA default of implementation date had been automatic 50% emission credit discount a 50% emissions reduction credit. The postponed until January 1, 2002 (66 FR for decentralized test and repair I/M revised rule R307–110–33 being 18156). The UAQB adopted the programs if it can be demonstrated that approved in this action supersedes and revisions to R307–110–31 on August 1, the test and repair I/M network is as replaces the existing State rule. 2001. This SIP revision became State effective as a test only I/M network. The August 15, 2001, submittal effective on August 2, 2001, and was We are approving Utah’s SIP revision updates Utah’s Rule R307–110–31. This submitted by the Governor of Utah to us to Rule R307–110–33, Section X, revision required the mandatory on August 15, 2001. Vehicle Inspection and Maintenance implementation of the inspection of We have evaluated the Governor’s Program, Part C, Salt Lake County. Salt vehicle On-Board Diagnostic (OBD) submittals and have determined that the Lake County’s test and repair network systems starting January 1, 2002 in all State met the requirements for was demonstrated to be as effective as areas implementing an I/M program. reasonable notice and public hearing a test-only network. Therefore, this requirement is under section 110(a)(2) of the CAA. As applicable for Davis County, Salt Lake required by section 110(k)(1)(B) of the B. R307–110–31, Section X, Vehicle County, Utah County, and Weber CAA, we reviewed these SIP revision Inspection and Maintenance Program, County. As a convenience to vehicle materials for conformance with the Part A, General Requirements and owners, Davis, Utah, and Weber completeness criteria in 40 CFR part 51, Applicability Counties are already implementing this appendix V and determined that the In this action, we are also approving program. Salt Lake County began Governor’s submittals were SIP revisions to Utah’s Rule R307–110–

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31, Section X, Vehicle Inspection and with Federal requirements and does not In reviewing SIP submissions, EPA’s Maintenance Program, Part A, General interfere with any applicable role is to approve state choices, Requirements and Applicability, as requirements of the Act. Therefore, we provided that they meet the criteria of adopted by the Utah Air Quality Board conclude that our approval of Utah’s the Clean Air Act. In this context, in the on August 1, 2001, and State effective Rule R307–110–33 and R307–110–31 absence of a prior existing requirement on August 2, 2001. meets the requirements of section 110(l) for the State to use voluntary consensus The Governor had previously of the Act. standards (VCS), EPA has no authority submitted a revision to Rule R307–110– VII. Administrative Requirements to disapprove a SIP submission for 31 on February 22, 1999, that we did not failure to use VCS. It would thus be take action on. The February 22, 1999 Under Executive Order 12866 (58 FR inconsistent with applicable law for submittal committed the State of Utah to 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, implement testing of vehicle OBD not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission systems by January 1, 2001, as was therefore is not subject to review by the that otherwise satisfies the provisions of required by the 40 CFR part 51 subpart Office of Management and Budget. For the Clean Air Act. Thus, the S Inspection/Maintenance Program this reason, this action is also not requirements of section 12(d) of the subject to Executive Order 13211, Requirements. On April 5, 2001, we National Technology Transfer and ‘‘Actions Concerning Regulations That extended the Federal date for mandatory Advancement Act of 1995 (15 U.S.C. Significantly Affect Energy Supply, implementation of the inspection of 272 note) do not apply. This rule does Distribution, or Use’’ (66 FR 28355, May vehicle OBD systems, in 40 CFR part 51 not impose an information collection 22, 2001). This action merely approves Subpart S, to January 1, 2002 (see 66 FR burden under the provisions of the 18156). The Governor’s August 15, 2001 state law as meeting Federal requirements and imposes no additional Paperwork Reduction Act of 1995 (44 submittal meets the requirements of our U.S.C. 3501 et seq.). April 5, 2001 rulemaking (see 66 FR requirements beyond those imposed by 18156) and supersedes and replaces the state law. Accordingly, the The Congressional Review Act, 5 previous SIP revision to Rule R307– Administrator certifies that this rule U.S.C. 801 et seq., as added by the Small 110–31 submitted by the Governor on will not have a significant economic Business Regulatory Enforcement February 22, 1999. The Governor’s impact on a substantial number of small Fairness Act of 1996, generally provides August 15, 2001, SIP revision simply entities under the Regulatory Flexibility that before a rule may take effect, the incorporates the Federal OBD rule Act (5 U.S.C. 601 et seq.). Because this agency promulgating the rule must change. rule approves pre-existing requirements submit a rule report, which includes a under state law and does not impose copy of the rule, to each House of the IV. Public Comment any additional enforceable duty beyond Congress and to the Comptroller General No public comment was received in that required by state law, it does not of the United States. EPA will submit a response to the EPA’s proposed contain any unfunded mandate or report containing this rule and other rulemaking on these Utah SIP revisions. significantly or uniquely affect small required information to the U.S. Senate, governments, as described in the the U.S. House of Representatives, and V. Final Rulemaking Action Unfunded Mandates Reform Act of 1995 the Comptroller General of the United In this Final Rulemaking Action, we (Public Law 104–4). States prior to publication of the rule in are approving revisions to the SIP This rule also does not have tribal the Federal Register. A major rule affecting the State’s motor vehicle I/M implications because it will not have a cannot take effect until 60 days after it programs submitted by the Governor of substantial direct effect on one or more is published in the Federal Register. Utah. The approved revisions include Indian tribes, on the relationship This action is not a ‘‘major rule’’ as the August 14, 2001, submittal revising between the Federal Government and defined by 5 U.S.C. 804(2). Utah’s Rule R307–110–33, which Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean incorporates by reference Section X, power and responsibilities between the Air Act, petitions for judicial review of Vehicle Inspection and Maintenance Federal Government and Indian tribes, this action must be filed in the United Program, Part C, Salt Lake County and as specified by Executive Order 13175 States Court of Appeals for the the August 15, 2001, submittal revising (65 FR 67249, November 9, 2000). This appropriate circuit by December 9, Utah’s Rule R307–110–31 which action also does not have Federalism 2002. Filing a petition for incorporates by reference, Section X, implications because it does not have reconsideration by the Administrator of Vehicle Inspection and Maintenance substantial direct effects on the States, this final rule does not affect the finality Program, Part A, General Requirements on the relationship between the national of this rule for the purposes of judicial and Applicability to require mandatory government and the States, or on the review nor does it extend the time implementation of the inspection of distribution of power and within which a petition for judicial vehicle On-Board Diagnostic (OBD) responsibilities among the various review may be filed, and shall not systems starting January 1, 2002. The levels of government, as specified in postpone the effectiveness of such rule final rule is effective November 8, 2002. Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely or action. This action may not be VI. Consideration of Clean Air Act approves a state rule implementing a challenged later in proceedings to Section 110(l) Federal standard, and does not alter the enforce its requirements. (See section Section 110(l) of the Act states that a relationship or the distribution of power 307(b)(2).) SIP revision cannot be approved if the and responsibilities established in the List of Subjects in 40 CFR Part 52 revision would interfere with any Clean Air Act. This rule also is not applicable requirement concerning subject to Executive Order 13045 Environmental protection, Air attainment and reasonable progress ‘‘Protection of Children from pollution control, Carbon monoxide, towards attainment of a National Environmental Health Risks and Safety Incorporation by reference, Ambient Air Quality Standard (NAAQS) Risks’’ (62 FR 19885, April 23, 1997), Intergovernmental relations, Ozone, or any other applicable requirements of because it is not economically Reporting and recordkeeping the Act. This SIP revision is consistent significant. requirements.

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Dated: August 8, 2002. ENVIRONMENTAL PROTECTION II. Why did EPA withdraw its original Robert E. Roberts, AGENCY approval? III. How has EPA addressed the adverse Regional Administrator, Region VIII. 40 CFR Part 62 comments on its original direct final approval? PART 52—[AMENDED] [MA–01–7203a; FRL –7387–5a] IV. Why is EPA approving the State’s Plan at this time? 1. The authority citation for part 52 Approval and Promulgation of State V. When does the State Plan become effective continues to read as follows: Plans For Designated Facilities and and what becomes of the Federal Plan? Pollutants: Massachusetts; Plan for VI. By what date must MWCs in Authority: 42 U.S.C. 7401 et seq. Controlling MWC Emissions From Massachusetts achieve compliance? VII. Administrative Requirements Subpart TT—Utah Existing Large MWC Plants I. What Action Is EPA Taking Today? AGENCY: Environmental Protection 2. Section 52.2320 is amended by Agency (EPA). EPA is approving the above adding paragraph (c)(48 )and (c)(49) to ACTION: Final rule. referenced State Plan with revisions. read as follows: EPA finds the State Plan to be at least SUMMARY: EPA is approving the Sections as protective as EPA’s Emission § 52.2320 Identification of plan. 111(d)/129 State Plan originally Guidelines. See 40 CFR part 60, subpart * * * * * submitted by the Massachusetts Cb. Department of Environmental Protection (c) * * * (MA DEP) on January 11, 1999, and II. Why Did EPA Withdraw Its Original (48) On August 14, 2001, the revised on November 16, 2001. This Approval? Governor of Utah submitted a revision State Plan is for implementing and This rulemaking was originally to Utah’s SIP to update UACR R307– enforcing provisions at least as published as a direct final notice in the 110–33, Section X, Vehicle Inspection protective as the federal Emission July 14, 1999 Federal Register. See 64 and Maintenance Program, Part C, Salt Guidelines (EGs) applicable to existing FR 37923 for additional information. Lake County. The changes involve a Municipal Waste Combustors (MWCs) Subsequent to this notice, EPA received demonstration that Salt Lake County’s units with capacity to combust more numerous adverse and supportive test and repair I/M network is as than 250 tons/day of municipal solid comments. Because of the adverse effective as a test only I/M network. waste (MSW). comments, EPA withdrew the direct final notice on September 1, 1999. See (i) Incorporation by reference. EFFECTIVE DATE: This final rule will become effective on November 8, 2002. 64 FR 47680. EPA has responded to (A) UACR R307–110–33, which ADDRESSES: these adverse comments under III incorporates by reference Utah SIP, Documents which EPA has incorporated by reference for previous below. Section X, Vehicle Inspection and rulemaking are available for public Maintenance Program, Part C, Salt Lake III. How Has EPA Addressed the inspection at the Air and Radiation Adverse Comments on Its Original County and appendices 1.a, 1.b, and 1.c, Docket and Information Center, Direct Final Approval? adopted by the UAQB August 1, 2001 Environmental Protection Agency, and State effective on August 2, 2001. As mentioned under section II above, Room B102, 1301 Constitution Avenue EPA published its direct final and (49) On August 15, 2001, the NW., Washington, DC 20460. You may proposed approval of the State’s MWC Governor of Utah submitted a revision examine copies of materials the MA Plan, including the MWC rule, on July to Utah’s SIP to update UACR R307– DEP submitted to EPA relative to this 14, 1999. The plan was to become 110–31, Section X, Vehicle Inspection action during normal business hours at effective on September 13, 1999, unless and Maintenance Program, Part A, the following locations: EPA received adverse comment by General Requirements and Environmental Protection Agency-New August 13, 1999. Subsequently, we did Applicability. This revision required the England, Region 1, Air Permits receive timely comments objecting to mandatory implementation of the Program, Office of Ecosystem the State’s Plan and EPA’s approval of inspection of vehicle On-Board Protection, Suite 1100, One Congress it. Following the September 1, 1999 Diagnostic (OBD) systems starting Street, Boston, Massachusetts 02114– withdrawal of EPA’s proposed direct January 1, 2002 in all areas 2023. final approval, EPA received additional implementing an I/M program. Massachusetts Department of adverse comments as well as supportive Environmental Protection, Bureau of (i) Incorporation by reference. comments. The adverse comments Waste Prevention, Division of received include the following: (A) UACR R–307–110–31 which Business Compliance, One • The MA DEP’s mercury limit is incorporates by reference Utah SIP, Washington Street, Boston, arbitrary and has not been demonstrated Section X, Vehicle Inspection and Massachusetts 02108, (617) 556–1120. to be consistently achievable. Maintenance Program, Part A, General The interested persons wanting to • There are no test methods that have Requirements and Applicability examine these documents should make been validated at the 28 µg/dscm level. adopted by the UAQB on August 1, an appointment with the appropriate • MA DEP did not provide the public 2001 and State effective on August 2, office at least 24 hours before the day of with adequate notice and opportunity to 2001. the visit. comment, in that MA DEP modified the [FR Doc. 02–25588 Filed 10–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: John mercury standard to be more stringent after the close of the public comment BILLING CODE 6560–50–P Courcier at (617) 918–1659, or by e-mail at [email protected]. period, and did not provide further SUPPLEMENTARY INFORMATION: opportunity for comment. The full text of written comments and Table of Contents EPA’s responses can be found in the I. What action is EPA taking today? docket located at EPA’s Boston office.

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EPA will briefly address the adverse hearing. In particular, the commenter VII. Administrative Requirements comments below: claimed that the State was required to Under Executive Order 12866 (58 FR EPA does not find the mercury limit provide further opportunity for 51735, October 4, 1993), this action is to be arbitrary. Units equipped with comment before adopting a mercury not a ‘‘significant regulatory action’’ and fabric filters and carbon injection have standard that differed from the proposal therefore is not subject to review by the been shown to be capable of meeting the in eliminating the compliance option of Office of Management and Budget. For limit. Although some MWC units 85% reduction by weight. EPA believes this reason, this action is also not equipped with electrostatic precipitators that the State has met EPA’s subject to Executive Order 13211, (ESPs) have not been shown to be able requirement that it provide a public ‘‘Actions Concerning Regulations That to achieve the limit consistently, MA hearing on the State Plan prior to Significantly Affect Energy Supply, DEP can reasonably determine that well- adoption. With respect to the adequacy Distribution, or Use’’ (66 FR 28355, May controlled units should be able to meet of the public hearing process under 22, 2001). This action merely approves the 28 µg/dscm level. MA DEP has Massachusetts law, the Massachusetts state law as meeting Federal addressed the issue of mercury spikes Attorney General’s Office has stated that requirements and imposes no additional based on MSW content by allowing the procedures were adequate under the requirements beyond those imposed by facilities to average four quarterly test Massachusetts Administrative results to achieve the standard. In state law. Accordingly, the Procedure Act. Accordingly, EPA is addition, the Plan allows ESP-controlled Administrator certifies that this action satisfied that the State has demonstrated sources unable to meet the standard will not have a significant economic within the first year to apply for a that it provided an adequate public impact on a substantial number of small limited waiver for periods of up to five hearing process, and that it has adequate entities under the Regulatory Flexibility years, to provide time to install and test legal authority to enforce the standard, Act (5 U.S.C. 601 et seq.). Because this additional control measures. in accordance with 40 CFR 60.26(a). action approves pre-existing The more stringent numerical limit, requirements under state law and does IV. Why Is EPA Approving the State’s not impose any additional enforceable and the elimination of the 85% Plan at This Time? reduction option, are not contrary to duty beyond that required by state law, Clean Air Act requirements. Section EPA’s approval of MA DEP’s State it does not contain any unfunded 129(b)(2) of the Act requires a State to Plan is based on our findings that: mandate or significantly or uniquely submit a plan that is ‘‘at least as affect small governments, as described (1) MA DEP provided adequate public in the Unfunded Mandates Reform Act protective’’ as EPA’s EGs. By proposing notice of, and held public hearings for a more stringent mercury standard, MA of 1995 (Public Law 104–4). the proposed rule-making, and This action also does not have tribal DEP has provided a standard that is at Massachusetts may carry out and least as protective as the federal implications because it will not have a enforce its provisions which are at least mercury standard. The provisions of substantial direct effect on one or more as protective as the EGs for large MWCs, sections 111(d) and 129 do not prevent Indian tribes, on the relationship and a State from submitting emission limits between the Federal Government and that are more stringent than the federal (2) MA DEP demonstrated legal Indian tribes, or on the distribution of EGs. Even if the State’s limit has not authority to adopt emission standards power and responsibilities between the been consistently achieved by all ESP- and compliance schedules applicable to Federal Government and Indian tribes, controlled units in the past, the State the designated facilities; enforce as specified by Executive Order 13175 may require such units to achieve a applicable laws, regulations, standards (65 FR 67249, November 9, 2000). This level of control that has been shown to and compliance schedules; seek action also does not have Federalism be achievable by other municipal waste injunctive relief; obtain information implications because it does not have combustors. necessary to determine compliance; substantial direct effects on the States, One commenter indicated that there require record keeping; conduct on the relationship between the national are no approved test methods available inspections and tests; require the use of government and the States, or on the for measuring mercury at and below the monitors; require emission reports of distribution of power and 28 µg/dscm level. This commenter owners and operators; and make responsibilities among the various believes EPA can not approve a limit for emission data publicly available. levels of government, as specified in which there is no validated test method. Executive Order 13132 (64 FR 43255, It is correct that Method 29 (the V. When Does the State Plan Become August 10, 1999), because it merely approved EPA test method for Effective and What Becomes of the approves a state rule implementing a measuring mercury) has not been Federal Plan? federal standard, and does not alter the validated at a large MWC at the MA relationship or the distribution of power This final rule is effective on DEP’s mercury level. However, Method and responsibilities established in the November 8, 2002, without further 29 has been validated at both smaller Clean Air Act. This action also is not notice. The Federal Plan is an interim MWCs and at power plants at the low subject to Executive Order 13045 action. On the effective date of this levels being discussed here. Therefore, ‘‘Protection of Children from action, the Federal Plan will no longer EPA has no reason to believe that Environmental Health Risks and Safety Method 29 is not an appropriate test apply to MWC units covered by the Risks’’ (62 FR 19885, April 23, 1997), method to use in this situation. State Plan. because it is not economically As required by 40 CFR 60.23(c), the VI. By What Date Must MWCs in significant. State conducted public hearings and Massachusetts Achieve Compliance? In reviewing section 111(d) State Plan received comments on the State Plan. submissions, EPA’s role is to approve One of the comments to EPA is that the All existing large MWC units in the state choices, provided that they meet State should have conducted a further Commonwealth of Massachusetts must the criteria of the Clean Air Act. In this public process before adopting a now be in compliance with these context, in the absence of a prior standard that differed from the standard requirements. The final compliance date existing requirement for the State to use it had proposed in the notice of public was December 19, 2000. voluntary consensus standards (VCS),

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EPA has no authority to disapprove a Authority: 42 U.S.C. 7401–7671q. FEDERAL EMERGENCY State Plan submission for failure to use MANAGEMENT AGENCY VCS. It would thus be inconsistent with Subpart W—Massachusetts applicable law for EPA, when it reviews 44 CFR Part 206 a State Plan submission, to use VCS in 2. Part 62 is amended by adding a new § 62.5340 and a new undesignated place of a State Plan submission that RIN 3067–AD25 otherwise satisfies the provisions of the center heading to Subpart W to read as Clean Air Act. Thus, the requirements of follows: Disaster Assistance; Federal section 12(d) of the National Plan for the Control of Designated Assistance to Individuals and Technology Transfer and Advancement Pollutants From Existing Facilities Households Act of 1995 (15 U.S.C. 272 note) do not (Section 111(d) Plan) apply. This action does not impose an AGENCY: Federal Emergency information collection burden under the § 62.5340 Identification of Plan. Management Agency (FEMA). provisions of the Paperwork Reduction (a) Identification of Plan. ACTION: Interim final rule; correction. Act of 1995 (44 U.S.C. 3501 et seq.) Massachusetts Plan for the Control of The Congressional Review Act, 5 Designated Pollutants from Existing SUMMARY: We, FEMA, published an U.S.C. 801 et seq., as added by the Small Plants (Section 111(d) Plan). interim final rule on September 30, Business Regulatory Enforcement (b) The plan was officially submitted 2002, 67 FR 61446, concerning Federal Fairness Act of 1996, generally provides as follows: disaster assistance to individuals and that before a rule may take effect, the (1) Control of metals, acid gases, households. There were a number of agency promulgating the rule must organic compounds and nitrogen oxide errors that were misleading and need submit a rule report, which includes a emissions from existing municipal clarification. This document corrects copy of the rule, to each House of the waste combustors, originally submitted those errors. Congress and to the Comptroller General on January 11, 1999 and amended on EFFECTIVE DATE: September 30, 2002. of the United States. EPA will submit a November 16, 2001. The Plan does not FOR FURTHER INFORMATION CONTACT: report containing this rule and other include: the site assignment provisions Michael Hirsch; Response and Recovery required information to the U.S. Senate, of 310 CMR 7.08(2)(a); the definition of Directorate; (202) 646–4099, or (e-mail) the U.S. House of Representatives, and ‘‘materials separation plan’’ at 310 CMR at [email protected]. the Comptroller General of the United 7.08(2)(c); and the materials separation States prior to publication of the rule in SUPPLEMENTARY INFORMATION: On plan provisions at 310 CMR September 30, 2002 we published an the Federal Register. A major rule 7.08(2)(f)(7). cannot take effect until 60 days after it interim final rule on, 67 FR 61446, (2) [Reserved] concerning Federal disaster assistance is published in the Federal Register. (c) Designated facilities. The plan This action is not a ‘‘major rule’’ as to individuals and households. There applies to existing sources in the were a number of inadvertent errors in defined by 5 U.S.C. 804(2). following categories of sources: Under section 307(b)(1) of the Clean that rule, and this document corrects (1) Municipal waste combustors. Air Act, petitions for judicial review of those errors. (2) [Reserved] this action must be filed in the United In the interim final rule (FR Doc. 02– States Court of Appeals for the 3. Part 62 is amended by adding a 24773), published September 30, 2002, appropriate circuit by December 9, new § 62.5425 and a new undesignated 67 FR 61446, make the following 2002. Filing a petition for center heading to subpart W to read as corrections: reconsideration by the Administrator of follows: 1. On page 61448, in the second line this final rule does not affect the finality Metals, Acid Gases, Organic of the third column, correct the of this rule for the purposes of judicial Compounds and Nitrogen Oxide reference ‘‘206.110’’ to read ‘‘206.101’’. review nor does it extend the time Emissions From Existing Municipal PART 206—[CORRECTED] within which a petition for judicial Waste Combustors With the Capacity to review may be filed, and shall not Combust Greater Than 250 Tons Per 2. On page 61452, in the first column, postpone the effectiveness of such rule Day of Municipal Solid Waste correct amendatory instruction ‘‘2.’’ to or action. This action may not be read as follows: challenged later in proceedings to § 62.5425 Identification of sources. 2. Subpart D is amended by revising enforce its requirements. (See (a) The plan applies to the following the heading and adding §§ 206.110 § 307(b)(2).) existing municipal waste combustor through 206.120 to read as follows: List of Subjects in 40 CFR Part 62 facilities: (1) Fall River Municipal Incinerator in § 206.115 [Corrected] Environmental protection, Fall River. Administrative practice and procedure, 3. On page 61455, in the sixth line (2) Covanta Haverhill, Inc., in from the bottom of the third column, Air pollution control, Intergovernmental Haverhill. relations, Reporting and recordkeeping correct the reference ‘‘206.111(a)’’ to (3) American Ref-Fuel of SEMASS, read ‘‘206.120(a)’’. requirements, Sulfur oxides, Waste L.P. in Rochester. treatment and disposal . (4) Wheelabrator Millbury Inc., in § 206.117 [Corrected] Dated: September 27, 2002. Millbury. 4. On page 61456 in the 31st line from Robert W. Varney, (5) Wheelabrator Saugus, J.V., in the top of the second column, correct Regional Administrator, EPA New England. Saugus. ‘‘(i) Direct Assistance’’ to read ‘‘(ii) 40 CFR part 62 is amended as follows: (6) Wheelabrator North Andover Inc., Direct Assistance’’. in North Andover. 5. On page 61456 on the 18th line PART 62—[AMENDED] (b) [Reserved] from the bottom of the third column, 1. The authority citation for part 62 [FR Doc. 02–25685 Filed 10–8–02; 8:45 am] correct ‘‘206.119(e)’’ to read continues to read as follows: BILLING CODE 6560–50–P ‘‘206.110(e)’’.

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§ 206.120 [Corrected] paragraph (i) of this section. This Background 6. On page 61459 on the 37th line portion shall be refundable if the Thlaspi californicum (Kneeland from the top of the third column, correct application is denied, or withdrawn Prairie penny-cress) is a perennial ‘‘(vii) Processing for retention of before final action upon it. member of the mustard family records’’ to read ‘‘(viii) Process for * * * * * (Brassicaceae). The species grows from retention of records’’. Dated: October 4, 2002. 9.5 to 12.5 centimeters (3.7 to 4.9 Dated: October 3, 2002. Jeffrey N. Runge, inches) tall with a basal cluster of green John R. D’Araujo, Jr., Administrator. to purplish, sparsely toothed leaves. Leaves borne along the stem are sessile Assistant Director, Response and Recovery [FR Doc. 02–25726 Filed 10–8–02; 8:45 am] Directorate. (without a stalk) with entire to toothed BILLING CODE 4910–59–P margins. The white flowers have [FR Doc. 02–25681 Filed 10–8–02; 8:45 am] strongly ascending flower stalks. BILLING CODE 6718–02–P Thlaspi californicum flowers from April DEPARTMENT OF THE INTERIOR to June. The fruit is a sharply pointed silicle (a short fruit typically no more DEPARTMENT OF TRANSPORTATION Fish and Wildlife Service than two to three times longer than wide), and is elliptic to obovate, without National Highway Traffic Safety wings, and with an ascending stalk. Administration 50 CFR Part 17 Serano Watson (1882) first described Thlaspi californicum based on a 49 CFR Part 594 RIN 1018–AG92 collection made by Volney Rattan from Schedule of Fees Authorized by 49 Endangered and Threatened Wildlife among rocks at Kneeland Prairie at 760 U.S.C. 30141 and Plants; Determination of Critical meters (m) (2,500 feet (ft)) elevation. Habitat for Thlaspi californicum Jepson (1925) later referred to it as T. AGENCY: National Highway Traffic (Kneeland Prairie Penny-cress) alpestre var. californicum. Munz (1959) Safety Administration (NHTSA), DOT. referred to the taxon as T. glaucum var. ACTION: Final Rule; correction. AGENCY: Fish and Wildlife Service, hesperium; however, he segregated it as Interior. T. californicum in his supplement SUMMARY: The final rule adopting fees ACTION: Final rule. (Munz 1968). Holmgren (1971) assigned beginning on page 60596 in the Federal the name Thlaspi montanum var. Register of Thursday, September 26, SUMMARY: We, the U.S. Fish and californicum. Finally, the taxon was 2002, contains errors that need Wildlife Service (Service), designate returned to T. californicum in the correction. critical habitat pursuant to the current Jepson Manual (Hickman 1993, DATES: This correction is effective Endangered Species Act of 1973, as Rollins 1993). October 1, 2002. amended (Act), for Thlaspi californicum Thlaspi californicum is endemic to (Kneeland Prairie penny-cress). The serpentine soils in Kneeland Prairie, FOR FURTHER INFORMATION CONTACT: critical habitat consists of one unit located in the outer north coast range of Coleman Sachs, Office of Chief Counsel, whose boundaries encompass a total Humboldt County, California. NHTSA (202–366–5238). area of approximately 30 hectares (74 Serpentine soils are derived from SUPPLEMENTARY INFORMATION: NHTSA acres) in Humboldt County, California. ultramafic rocks (rocks with unusually published a final rule on September 26, Section 7 of the Act requires Federal large amounts of magnesium and iron). 2002 (67 FR 60596) adopting fees for agencies to ensure that any actions they The entire known distribution of T. Fiscal Year (FY) 2003, and until further fund, authorize, or carry out do not californicum occurs on Ashfield Ridge notice, as authorized by 49 U.S.C. result in the destruction or adverse at elevations ranging from 792 to 841 m 30141, relating to the registration of modification of critical habitat. As (2,600 to 2,760 ft). importers and the importation of motor required by section 4 of the Act, we Plant communities in Kneeland vehicles not certified as conforming to considered economic and other relevant Prairie include the following: California the Federal motor vehicle safety impacts prior to making a final decision annual and introduced perennial standards. This correction corrects that on the size and configuration of the grasslands; seasonal and perennial document. critical habitat unit. wetlands; and mixed oak/Douglas-fir 1. On page 60599 in the first column, DATES: This rule is effective November (Pseudotsuga menziesii) woodlands under Amendatory Instruction 2 to 8, 2002. (SHN 1997). Boulder outcrops in section 594.6, paragraph D is corrected Kneeland Prairie form scattered knobs ADDRESSES: Comments and materials to read as follows: ‘‘D. Revising the last that protrude out of the grasslands. The received, as well as supporting sentence of paragraph (h).’’ majority of these outcrops are volcanic documentation used in the preparation 2. On page 60599 in the first column, rock types such as greenstone pillow of this final rule are available for under Amendatory Instruction 2 to basalt, basalt, tuff, or agglomerates (State inspection, by appointment, during section 594.6, the following paragraph is of California 1975). Along Ashfield normal business hours at the U.S. Fish added: ‘‘F. Revising paragraph (d).’’ Ridge and nearby side ridges, many of and Wildlife Service Office, Arcata Fish 3. On page 60599 in the second the outcrops are serpentine (State of and Wildlife Office, 1655 Heindon column, after paragraph (b), add California 1975). The serpentine Road, Arcata, CA 95521. paragraph (d) to read as follows: outcrops exhibit a distinctive flora * * * * * FOR FURTHER INFORMATION CONTACT: compared to the surrounding grassland (d) That portion of the initial annual Bruce Halstead, Project Leader, Arcata (SHN 2001). In addition to Thlaspi fee attributable to the remaining Fish and Wildlife Office, at the above californicum, serpentine outcrops on activities of administering the address (telephone 707/822–7201; Ashfield Ridge support the following registration program on and after facsimile 707/822–8411). two special interest plants, both October 1, 2002, is set forth in SUPPLEMENTARY INFORMATION: considered as rare by the California

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Native Plant Society: Fritillaria purdyi serpentine patches (1.9 hectares (ha) the colonies are most likely to support (Purdy’s fritillary) and Astragalus (4.7 acres (ac)) and 0.6 ha (1.4 ac)) and T. californicum in the future. rattanii ssp. rattanii (Rattan’s milk- scattered smaller patches of 0.01 ha Historic records for Thlaspi vetch) (SHN 1997). (0.02 ac) to 0.2 ha (0.6 ac) in size. The californicum refer to Kneeland Prairie Little is known about the reproductive two larger serpentine outcrops formed a and Ashfield Ridge as site locations biology of Thlaspi californicum. Some semi-continuous ridgetop exposure (Watson 1882, Holmgren 1971). Over 99 members of the genus, such as T. covering more than 2.4 ha (6 ac), percent of the serpentine soils in montanum, are known to outbreed, extending in an east-west direction Kneeland Prairie occur on Ashfield while others, such as T. alpestre, along the top of the ridge in the area Ridge. Two additional small serpentine primarily self-pollinate (Holmgren now occupied by the airstrip, county outcrops are located on a ridge 1971). Due to its very close taxonomic road, and helitack base (SHN 2001). approximately 4.8 kilometers (km) (3 relationship to T. montanum, T. Construction of the county road, miles (mi)) southwest of Ashfield Ridge californicum is almost certainly an airstrip, and helitack base bisected and (State of California 1975). No historic outbreeder. Generalist bees and flies are fragmented the two largest patches of records exist to show that T. the assumed principal pollinators (SHN suitable habitat into four relatively californicum occupied these two 2001). isolated patches and also reduced the outcrops. Similarly, no current records The only known occurrence of total available habitat by approximately exist to indicate that they are occupied. Thlaspi californicum includes five 50 percent. No data are available on the The next nearest known serpentine relatively distinct groups of plants all distribution or number of individuals outcrops to Kneeland Prairie occur located within 300 m (980 ft) of each prior to this habitat alteration. However, approximately 6.4 km (4 mi) southeast other on three small patches of these colonies probably occupied a of Ashfield Ridge at Iaqua Buttes. The serpentine outcrops at Iaqua Buttes serpentine. The species occupies an area larger area or formed one large colony which is fragmented by the Kneeland support the more widespread Thlaspi prior to these construction activities, Airport and Mountain View Road. We montanum var. montanum. No evidence based on anecdotal evidence. The do not know if genetic interchange of T. californicum or intergradation impacts on population or community occurs between plants in these separate between T. californicum and T. processes from this habitat loss and groups; therefore, the five areas will be montanum var. montanum was possible population reduction are referred to as individual colonies. The observed during surveys at the Iaqua unknown. In general, smaller serpentine location was described as consisting of Buttes site in 2001 (SHN 2001). T. outcrops support a higher number of three colonies in 1990 (Imper 1990, montanum var. montanum also occurs alien species (Harrison 1999). Smaller SHN 2001); a fourth colony was on serpentine soils in the vicinity of outcrops may also be more vulnerable to discovered in 1999 (SHN 2001), and one Horse Mountain approximately 24 km additional colony in 2001 (SHN 2001). recreational impacts, trampling, and (15 mi) northeast of Ashfield Ridge In 1997, the largest colony contained modification of the unique serpentine (SHN 2001). In 2001, serpentine an estimated 10,840 plants (SHN 1997); soil chemistry as a result of enrichment outcrops on the western edge of the Six this estimate was later corrected to from the surrounding meadow system Rivers National Forest were surveyed 9,919 plants (SHN 2001). The sizes of (SHN 2001). Patch size influences fruit for T. californicum. No populations of the other two colonies known in 1997 and flower production in Calystegia this species were located during these were 140 and 40 plants (SHN 1997); collina (serpentine morning glory) (Wolf field visits (Jennings 2001). Service therefore, the total revised estimate in and Harrison 2001). Small outcrops had personnel surveyed the largest known 1997 was 10,099 plants. In 2001, the fewer patches of Calystegia collina, serpentine exposure west of U.S. total number of Thlaspi californicum patches with relatively low densities of Highway 101 and south of Myers Flat plants was estimated at approximately flowers, and they attracted fewer insect (vicinity of Cedar Flat) in 2002; this 5,293 (SHN 2001), with 5,142 plants at visitors. These factors, in addition to a survey also produced negative results. the largest colony, and 90 plants, 30 reduction and/or fragmentation of the No evidence exists to show that the plants, 16 plants, and 15 plants at the site, increase the likelihood of historic range of T. californicum ever four smaller colonies. In 2002, the total extinction. extended beyond Kneeland Prairie (SHN number of plants was estimated at In 2001, all known colonies occupied 2001). approximately 8,954, with 8,851 plants an estimated 0.3 ha (0.8 ac), divided at the largest colony, and 114 plants, 41 among five colonies as follows: 0.29 ha Previous Federal Action plants, 25 plants, and 23 plants at the (0.72 ac); 0.02 ha (0.05 ac); 0.008 ha Federal Government actions for four smaller colonies (Imper 2002). (0.02 ac); 0.004 ha (0.01 ac); and 0.002 Thlaspi californicum began when we These data suggest a large annual ha (0.005 ac). The five known colonies published an updated notice of review turnover in the population and occur on three separate serpentine (NOR) for plants on December 15, 1980 downplay the significance of the outcrops, but they currently occupy (45 FR 82480). This notice included T. population decline noted between 1997 only about 29 percent of the suitable californicum (referred to as T. and 2001. habitat on these three outcrops (total montanum var. californicum) as a Historically, several land use area 1.1 ha (2.8 ac)). In addition to the category 2 candidate. Category 2 activities probably altered the three occupied outcrops, fourteen candidates were those taxa for which distribution and abundance of Thlaspi unoccupied serpentine outcrops occur data in our possession indicated listing californicum colonies. These activities on Ashfield Ridge, ranging in size from might be appropriate, but for which included construction of the county 0.01 ha (0.02 ac) to 0.2 ha (0.6 ac) additional biological information was road in the 1800s (currently Mountain (combined area of 0.9 ha (2.2 ac)). The needed to support a proposed rule. On View Road), the Kneeland Airport in distances between the outcrops range November 28, 1983, we published a 1964, and the California Department of from 10 m to 85 m (33 ft to 279 ft). supplement to the 1980 NOR (48 FR Forestry & Fire Protection (CDFFP) These patches are located within 400 m 53640) as well as the subsequent helitack base in 1980. Prior to 1964, (1,312 ft) of the largest Thlaspi revision on September 27, 1985 (50 FR suitable habitat for T. californicum on californicum colony. Serpentine soils 39526) which included T. m. var. Ashfield Ridge consisted of two contiguous with and in the vicinity of californicum as a category 2 candidate.

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We published revised NORs on A series of court decisions for a December 24, 2001 (66 FR 53756). February 21, 1990 (55 FR 6184) and variety of species overturned our Appropriate Federal and State agencies, September 30, 1993 (58 FR 511440). In determinations that designation of county governments, scientific both notices, we included Thlaspi critical habitat would not be prudent organizations, and other interested montanum var. californicum as a (e.g., Natural Resources Defense Council parties were contacted and requested to category 1 candidate. Category 1 v. U.S. Department of the Interior 113 F. comment. An announcement was candidates are taxa for which we have 3d 1121 (9th Cri. 1997); Conservation posted on the Service website October on file sufficient information on Council for Hawaii v. Babbitt, 2 F. Supp. 24, 2001, and an article was published biological vulnerability and threats to 2d 1280 (D. Hawaii 1998)). Based on the in the Times-Standard newspaper on support preparation of listing proposals, standards applied in those judicial October 29, 2001, inviting general but issuance of the proposed rules are opinions, we reexamined the question public comment. We reopened the precluded by other pending listing of whether designation of critical habitat comment period on May 7 to June 6, proposals of higher priority. In our for Thlaspi californicum was prudent. 2002, to allow for comments on the draft February 28, 1996, Federal Register At the time T. californicum was listed, economic analysis of the proposed Notice of Review of Plant and Animal we found that designation of critical critical habitat (67 FR 30643). Taxa that are Candidates for Listing as habitat was prudent. We received a total of seven written Endangered or Threatened Species On June 17, 1999, our failure to issue comments during the two comment (CNOR) (61 FR 7595), we discontinued final rules for listing Thlaspi periods, including three from designation of multiple categories of californicum and nine other plant designated peer reviewers. Of the four candidates. Only taxa meeting the species as endangered or threatened, comments from private individuals, definition of former category 1 are now and our failure to make a final critical three opposed and one was neutral on considered candidates for listing. T. habitat determination for the 10 species the proposed action. We reviewed all montanum var. californicum was was challenged in Southwest Center for comments received for substantive included as a candidate species in the Biological Diversity and California issues and new information regarding February 28, 1996, notice. Our Native Plant Society v. Babbitt (Case No. critical habitat and Thlaspi September 19, 1997, CNOR (62 FR C99–2992 (N.D.Cal.)). On May 19, 2000, californicum. Public comments are 49397) included T. californicum as a the U.S. District Court for the Northern grouped into two general issues relating candidate for listing. District of California issued an order specifically to (1) procedural and On February 12, 1998 (63 FR 7112), setting the timetable for the regulatory issues and (2) biological we published a proposal to list Thlaspi promulgation of the critical habitat issues. Comments have been californicum as endangered. Our designations. We agreed to complete the incorporated directly into the final rule October 25, 1999, CNOR (64 FR 57533) proposed critical habitat designations or addressed in the following summary. included T. californicum as a taxon for the 10 species by September 30, Issue 1: Procedural and Regulatory proposed for listing as endangered. The 2001. However, in mid-September 2001, Issues final rule listing T. californicum as an plaintiffs agreed to a brief extension of endangered species was published on this due date until October 19, 2001. (1) Comment: Two commenters February 9, 2000 (65 FR 6332). On October 24, 2001, we published a requested that all or a portion of their Section 4(a)(3) of the Act, as proposed rule to designate critical lands be removed from the critical amended, and implementing regulations habitat for Thlaspi californicum (66 FR habitat designation. (50 CFR 424.12) require that, to the 53756). The proposed critical habitat Service Response: Section 4(b)(2) of maximum extent prudent and consisted of one unit whose boundaries the Act states ‘‘The Secretary shall determinable, the Secretary designate encompassed a total area of designate critical habitat, and make critical habitat at the time the species is approximately 30 ha (74 ac) in revisions thereto, under subsection determined to be endangered or Humboldt County, California. The (a)(3) on the basis of the best scientific threatened. Our regulations (50 CFR public comment period was open for 60 data available and after taking into 424.12(a)(1)) state that designation of days until December 24, 2001. We did consideration the economic impact, and critical habitat is not prudent when one not receive any requests for public any other relevant impact, of specifying or both of the following situations exist: hearings during the comment period, any particular area as critical habitat.’’ (1) The species is threatened by taking and we did not hold any public Absent a finding by us that the or other human activity, and hearings. On May 7, 2002, we published economic or other relevant impacts of a identification of critical habitat can be a notice announcing reopening of the critical habitat designation would expected to increase the degree of threat public comment period and availability outweigh the benefits of designation, the to the species; or (2) such designation of of the draft economic analysis for the Act does not provide for the exclusion critical habitat would not be beneficial proposed critical habitat designation for from critical habitat of private lands to the species. At the time Thlaspi T. californicum (67 FR 30643). The essential to the conservation of listed californicum was proposed, we comment period was open for an species. The boundaries of the critical determined that designation of critical additional 30 days until June 6, 2002. In habitat unit were delineated with a 100- habitat for T. californicum was not mid-May 2002, the plaintiffs agreed to m grid. We attempted to exclude areas prudent because of a concern that extend the completion date of the final from the boundary that did not contain publication of precise maps and rule until September 30, 2002. primary constituent elements; however, descriptions of critical habitat in the we did not map the unit in sufficient Federal Register could increase the Summary of Comments and detail to exclude all such areas. The vulnerability of this species to incidents Recommendations lands owned by one of the commenters of collection and vandalism. We also In the proposed rule published on (commenter A) is such an area. This indicated that designation of critical October 24, 2001 (66 FR 53756), we land, less than 2.5 ha (1 ac), is located habitat was not prudent because we requested that all interested parties in the northwest corner of the unit believed it would not provide any submit comments that might contribute boundary and does not contain any additional benefit beyond that provided to the development of the final rule. The primary constituent elements. through listing as endangered. first comment period closed on Therefore, by definition this

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commenter’s land is not critical habitat. Service Response: The current on the serpentine outcrops and adjunct The other commenter’s (commenter B) population sampling design involves a prairie is needed to ensure ecological land does contain primary constituent complete count of plants in the four functions of the species’’ and ‘‘the elements. We believe that this parcel of small colonies and uses a statistical- definition of primary constituent land contains components essential to based sampling protocol to estimate the elements * * * is comprehensive and the conservation of Thlaspi number of plants in the largest colony. well planned.’’ californicum because it includes one of In 2001 and 2002, surveys were A second peer reviewer stated that the the fourteen unoccupied serpentine conducted in an attempt to locate new ‘‘proposed actions, were, even without outcrops on Ashfield Ridge. We believe populations of Thlaspi californicum. complete data, reasonable and based on that the designation of these lands These surveys occurred in the following solid scientific assumptions.’’ The (commenter B) in this final rule as locations: (1) Iaqua Buttes which is the reviewer recommended a monitoring critical habitat outweigh the benefits of nearest known serpentine outcrop to strategy that includes establishment of their exclusion from being designated as Kneeland Prairie; (2) suitable habitat permanent plots and marking critical habitat. The possible removal of located on the Six Rivers National individuals. In 2002, we established these lands from the designation is also Forest within 16 km (10 mi) north and permanent grids and mapped individual addressed in the Exclusions Under south of the Kneeland Prairie site; and plants in order to monitor life history Section 4(b)(2) section of this rule. (3) the largest known serpentine and species composition. (2) Comment: One commenter was exposure west of U.S. Highway 101 and The third peer reviewer suggested that concerned about the impacts of the south of Myers Flat. No new T. herbivory on the known population and designation on private landowners and californicum sites were located during the survey of potential habitat on Six wanted to know if private landowners any of these surveys. As stated by one Rivers National Forest lands should be discussed. Discussions of these issues would be compensated for the loss of of the peer reviewers, the data show that were added to the final rule. The use of their lands because of protective this plant is restricted to one location on reviewer also stated that the ‘‘*** measures. Another noted generally that Ashfield Ridge. inclusion of unoccupied habitat and the Constitution does not give plants (2) Comment: One peer reviewer primary constituent elements * * *’’ rights over citizens. suggested that the potential impacts of herbivory should be addressed. was supported by the literature. Service Response: Designation of Service Response: Cattle grazing has Critical Habitat critical habitat, by itself, does not occurred in Kneeland Prairie for at least require private landowners to undertake a century. The current level of grazing Critical habitat is defined in section 3, any management activities or otherwise appears relatively low. Unique paragraph (5)(A) of the Act as—(i) the restrict the use of private lands. Critical serpentine soils in Kneeland Prairie specific areas within the geographic area habitat applies only to actions carried support low total plant cover (typically occupied by a species, at the time it is out, funded, or permitted by the Federal less than 40 percent) and do not support listed in accordance with the Act, on Government. The Act provides that many of the desirable forage species which are found those physical or Federal actions may not destroy or available in the prairie. Impacts of cattle biological features (I) essential to the adversely modify critical habitat. grazing are not quantified, but available conservation of the species and (II) that Critical habitat designation will not evidence suggests they are minimal at may require special management affect any uses of private land unless the current low stocking level. Recent considerations or protection; and (ii) actions on the land are carried out, data suggest that herbivory by rabbits or specific areas outside the geographic funded, or require authorization from other small mammals may be significant area occupied by a species at the time the Federal Government. If a Federal in some colonies, but no quantitative it is listed, upon a determination that nexus does exist for a particular activity data have yet been collected on the such areas are essential for the on private lands, the activity may still magnitude of this impact. conservation of the species. Areas proceed unless the Service concludes outside the geographic area currently that the action would destroy or Peer Review occupied by the species shall be adversely modify critical habitat. In that In accordance with our policy designated as critical habitat only when event, the Act provides for the published on July 1, 1994 (59 FR a designation limited to its present development of reasonable and prudent 34270), we solicited independent range would be inadequate to ensure the alternatives to the proposed activity that opinions from five knowledgeable conservation of the species. meet its intended purposes and would individuals with expertise in botany. Conservation is defined in section avoid the destruction or adverse Three of the five peer reviewers 3(3) of the Act as the use of all methods modification of critical habitat. Given provided comments that are and procedures which are necessary to the nature of activities currently summarized in the previous section and bring any endangered or threatened occurring on the designated private incorporated in the final rule; all three species to the point at which listing lands and likely to occur in the future reviewers supported the proposal. None under the Act is no longer necessary. as described below, the likelihood of a of the reviewers provided new Regulations under 50 CFR 424.02(j) future federal nexus is remote and the information about the biology or define special management likelihood of any future section 7 distribution of Thlaspi californicum or considerations or protection to mean consultation under the Act resulting in about additional areas considered any methods or procedures useful in compensable restrictions on private essential to its conservation. protecting the physical and biological land uses is even more unlikely. One peer reviewer stated that the features of the environment for the methods and criteria used in the Issue 2: Biological Concerns conservation of listed species. proposed rule are ‘‘* * * sound in light Habitat included in a critical habitat (1) Comment: One commenter of current conservation biology theory designation must first be ‘‘essential to questioned the information provided on and the information known about the the conservation of the species.’’ Critical population numbers and whether taxonomy and ecology of the species’’. habitat designations identify, to the Thlaspi californicum is growing in other The reviewer also stated that the ‘‘*** extent known using the best scientific places. inclusion of unoccupied habitat * * * and commercial data available, habitat

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areas that provide essential life cycle plans developed by States and counties, dispersal mechanisms; and protection needs of the species (i.e., areas on which scientific status surveys and studies, and maintenance of proximal areas for are found the primary constituent and biological assessments, the survival of pollinators and seed elements, as defined at 50 CFR unpublished materials, and expert dispersal agents. In addition, the small, 424.12(b)). opinion or personal knowledge. fragmented distribution of this species When we designate critical habitat at makes it especially vulnerable to edge Methods the time of listing, as required under effects from adjacent activities, such as section 4 of the Act, or under short As required by the Act and the spread of non-native species; nearby court-ordered deadlines, we may not regulations (section 4(b)(2) and 50 CFR uses of herbicides and pesticides; have the information necessary to 424.12), we used the best available livestock grazing; and erosion due to identify all areas which are essential for scientific information in determining natural or diverted flow patterns. the conservation of the species. which areas were essential for the Based on our knowledge of this Nevertheless, we are required to conservation of Thlaspi californicum. species to date, the primary constituent designate those areas we know to be This information included data from the elements of critical habitat for Thlaspi critical habitat, using the best following sources: 1993 United States californicum consist of, but are not information available to us. Geological Survey (USGS) 1:24,000 limited to: We will designate only currently scale, 3.75′, infrared, color digital, (1) Thin rocky soils that have known essential areas. Essential areas orthophotographic, quarter quadrangle developed on exposures of serpentine should already have the features and images; geologic map of the Van Duzen substrates (SHN 2001); habitat characteristics that are necessary River Basin (State of California 1975); (2) Plant communities that support a to sustain the species. We will not 1962 panchromatic, 1:12,000 scale, relatively sparse assemblage of speculate about what areas might be aerial photograph HCN–2 22–17; serpentine indicator or facultative- found to be essential if better ownership parcels from the Humboldt serpentine indicator species, including information became available, or what County Planning Department, updated various native forbs and grasses but not areas may become essential over time. If as of August 2000; recent biological trees or shrubs, such that competition information available at the time of surveys and reports; and discussions for space and water (both above and designation does not show an area with botanical experts. We also below ground), and light is reduced, provides essential life cycle needs of the conducted or contracted for site visits, compared to the surrounding habitats species, then the area should not be either cursory or more extensive, at (SHN 2001). Known associated species included in the critical habitat locations on private lands where access include: Festuca rubra (red fescue), designation. We will not designate areas was obtained, on State lands managed Koeleria macrantha (junegrass), Elymus that do not now have the primary by CDFFP, and on public lands glaucus (blue wildrye), Eriophyllum constituent elements, as defined at 50 managed by Six Rivers National Forest lanatum (woolly sunflower), Lomatium CFR 424.12(b), that provide essential and the Bureau of Land Management, macrocarpum (large-fruited lomatium), life cycle needs of the species. including Iaqua Buttes and Board Camp and Viola hallii (Hall’s violet) (SHN Our regulations state that, ‘‘The Mountain. 2001); Secretary shall designate as critical (3) Serpentine substrates that contain Primary Constituent Elements habitat areas outside the geographic area 15 percent or greater (by surface area) of presently occupied by the species only In accordance with section 3(5)(A)(i) exposed gravels, cobbles, or larger rock when a designation limited to its of the Act and regulations at 50 CFR fragments, which may contribute to present range would be inadequate to 424.12, in determining which areas to alteration of factors of microclimate, ensure the conservation of the species’’ propose as critical habitat, we are including surface drainage and moisture (50 CFR 424.12(e)). Accordingly, we do required to consider those physical and availability, exposure to wind and sun, not designate critical habitat in areas biological features (primary constituent and temperature (SHN 2001); and outside the geographic area occupied by elements) that are essential to the (4) Prairie grasslands and oak the species unless the best scientific and conservation of the species and that may woodlands located within 30 m (100 ft) commercial data demonstrate that the require special management of the serpentine outcrop area on unoccupied areas are essential for the considerations or protection. These Ashfield Ridge. Protection of these conservation needs of the species. include, but are not limited to: space for habitats is essential to the conservation Our Policy on Information Standards individual and population growth, and of the Thlaspi californicum in that it Under the Endangered Species Act, for normal behavior; food, water, air, will provide connectivity among the published on July 1, 1994 (59 FR light, minerals or other nutritional or serpentine sites, help to maintain the 34271), provides criteria, establishes physiological requirements; cover or hydrologic and edaphic integrity of the procedures, and provides guidance to shelter; sites for germination, or seed serpentine sites, and support ensure that our decisions represent the dispersal; and habitats protected from populations of pollinators and seed best scientific and commercial data disturbance or which are representative dispersal organisms. available. It requires that our biologists, of the historic geographical and to the extent consistent with the Act and ecological distributions of a species. Criteria Used To Identify Critical with the use of the best scientific and The long-term probability of Habitat commercial data available, use primary conservation of Thlaspi californicum is In our delineation of the critical and original sources of information as dependent upon a number of factors, habitat unit, we selected areas to the basis for recommendations to including protection of serpentine sites provide for the conservation of Thlaspi designate critical habitat. When containing existing colonies; protection californicum at the only location it is determining which areas are critical of adequate serpentine sites on Ashfield known to occur. Adult individuals of habitat, a primary source of information Ridge to allow for recolonization or the species currently only grow on should be the listing package for the expansion; preservation of the approximately 0.3 ha (0.8 ac) of land on species. Additional information may be connectivity between serpentine sites to Ashfield Ridge in Kneeland Prairie. obtained from a recovery plan, articles allow gene flow between the colonies However, the area essential for the in peer-reviewed journals, conservation through pollinator activity and seed conservation of the species is not

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restricted solely to the area where the Thlaspi californicum is known only to Kneeland Airport and CDFFP helitack plant is physically visible. It must occur on State, county, and private base; road realignment; fires caused by include an area large enough to lands. We are not aware of any Tribal airplane or vehicular accidents; maintain the ecological functions upon lands in or near our designated critical contaminant spills; erosion; application which the species depends (e.g., the habitat unit for T. californicum. of herbicides and pesticides; livestock hydrologic and edaphic conditions). We used a geographic information grazing; and introduction and spread of We first mapped all known Thlaspi system (GIS) to facilitate identification exotic species. californicum occurrences. Due to the of critical habitat areas. We used Additional special management is not historic loss and fragmentation of the information from recent biological required if adequate management or largest patches of suitable habitat, we surveys and reports; discussions with protection is already in place. Adequate also mapped all suitable habitat in botanical experts; and locations of special management considerations or proximity to the known occurrences. serpentine soils to create GIS data protection are provided by a legally Maintaining the number and layers. Serpentine soil sites were operative plan or agreement that distribution of serpentine outcrops on derived from a geologic map, infrared addresses the maintenance and Ashfield Ridge will help to ensure the color digital orthophotos, and global improvement of the primary constituent long-term viability of T. californicum, as positioning system data collected in the elements important to the species and high-quality habitat patches in close field during 2000 and 2001. These data manages for the long-term conservation proximity to a source population have layers were created on a base of 1:24,000 of the species. Currently, no plans the highest likelihood of future scale USGS 3.75’, infrared, color digital, meeting these criteria have been occupancy (Murphy et al. 1990). orthophotographic, quarter quadrangle developed for Thlaspi californicum. Protection of these outcrops will images. We used these data layers to Critical Habitat Designation provide a range of habitat conditions, map the primary constituent elements. for example, moisture availability, We defined boundaries of the The critical habitat area described temperature, and wind exposure, which designated critical habitat unit by below includes all the primary will optimize the opportunities for overlaying this map with a 100–m constituent elements discussed above, recolonization or expansion and reduce Universal Transverse Mercator (UTM) and constitutes our best assessment at the likelihood of extinction due to North American Datum of 1927 this time of the areas needed for the stochastic events. They will also protect (NAD27) grid and removing all NAD27 species’ conservation. Critical habitat is undetected T. californicum colonies and grid cells that did not contain the designated for Thlaspi californicum at seed banks. primary constituent elements. the only location it is known to occur. We also mapped grasslands and oak In selecting the critical habitat area, We are designating one unit of critical woodlands surrounding the serpentine we attempted to avoid developed areas habitat, comprising 30 ha (74 ac), outcrops. These areas provide and other lands unlikely to contribute to surrounding Kneeland Airport and connectivity between all serpentine the conservation of Thlaspi roughly bisected by Mountain View outcrops; maintain the hydrologic and californicum. However, we did not map Road. The unit includes all 5 known edaphic integrity of the serpentine sites; the critical habitat unit in sufficient colonies and all other serpentine and support biological agents of detail to exclude all such areas. Existing outcrops in close proximity to the pollination and seed dispersal necessary features and structures within the colonies. All of the critical habitat unit for the conservation of the species. critical habitat unit boundary, such as for Thlaspi californicum is located on Inclusion of the grasslands and oak buildings, roads, and other paved areas Ashfield Ridge in Kneeland Prairie, woodlands will also minimize impacts will not contain one or more of the Humboldt County, California. This ridge to serpentine outcrops resulting from primary constituent elements and, separates the Van Duzen and Mad River external peripheral influences, such as hence, are not considered critical basins near the community of Kneeland erosion, grazing, or the spread of exotic habitat. Federal actions limited to these in central Humboldt County. species. areas, therefore, would not trigger a The unit contains approximately 2 ha At this time, we are not designating as section 7 consultation, unless they affect (5 ac) of serpentine soils. Approximately critical habitat any serpentine outcrops the species or primary constituent 16 percent (0.3 ha (0.8 ac)) of the within Kneeland Prairie, other than the elements in adjacent critical habitat. serpentine soils are known to be outcrops on Ashfield Ridge. A draft occupied. However, undetected colonies recovery plan is in preparation, which Special Management Considerations or may exist on the serpentine soils within does not call for establishment of Protections the unit. The approximate area, by land Thlaspi californicum beyond Ashfield As noted in the Critical Habitat ownership, of this unit is shown in Ridge. However, since T. californicum section, ‘‘special management Table 1. Approximately 5 percent (2 ha has an extremely restricted range, considerations or protection’’ is a term (4 ac)) of this area consists of State establishment at new locations may be that originates in the definition of lands, while County lands comprise determined necessary to provide critical habitat. We believe the critical approximately 11 percent (3 ha (8 ac)), insurance against stochastic events. In habitat area may require special and private lands comprise that case, critical habitat may be management considerations or approximately 84 percent (25 ha (62 reevaluated based on recommendations protection because Thlaspi californicum ac)). No Federal lands are within the in the final recovery plan. occupies an extremely localized range. critical habitat unit. This species is not We considered ownership status in Potential threats to the habitat of T. known to occur or to have occurred delineating areas as critical habitat. californicum include: expansion of historically on Federal lands.

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TABLE 1.—APPROXIMATE AREAS AND PERCENT OF CRITICAL HABITAT OF Thlaspi californicum IN HECTARES (HA) (ACRES (AC)) IN HUMBOLDT COUNTY, CALIFORNIA, BY LAND OWNERSHIP. ESTIMATES REFLECT THE TOTAL AREA WITHIN CRIT- ICAL HABITAT UNIT BOUNDARIES.

Ownership Hectares Acres Percent

State ...... 2 4 5 Private ...... 25 62 84 County ...... 3 8 11 Federal ...... 0 0 0

TOTAL ...... 30 74 100

Effects of Critical Habitat Designation If a species is listed or critical habitat If Thlaspi californicum is discovered Section 7 Consultation is designated, section 7(a)(2) requires on Federal lands, those activities on Federal agencies to ensure that activities Federal lands that may affect T. Section 7(a)(2) of the Act requires they authorize, fund, or carry out are not californicum or its critical habitat would Federal agencies, including the Service, likely to jeopardize the continued require a section 7 consultation. to ensure that actions they fund, existence of such a species or to destroy Activities on private or State lands authorize, permit, or carry out do not or adversely modify its critical habitat. requiring a permit from a Federal destroy or adversely modify critical If a Federal action may affect a listed agency, such as a permit from the Army habitat to the extent that the action species or its critical habitat, the Corps of Engineers under section 404 of appreciably diminishes the value of the responsible Federal agency (action the Clean Water Act, a section critical habitat for the conservation of agency) must enter into consultation 10(a)(1)(B) permit from the Service, or the species. Individuals, organizations, with us. Through this consultation, the some other Federal action, including States, local governments, and other Federal action agency would ensure that funding (e.g., Federal Housing non-Federal entities are affected by the the permitted actions do not jeopardize Administration, Federal Aviation designation of critical habitat only if the species or destroy or adversely Administration (FAA), or Federal their actions occur on Federal lands, modify critical habitat. Emergency Management Agency), will require a Federal permit, license, or When we issue a biological opinion also continue to be subject to the section other authorization, or involve Federal concluding that a project is likely to 7 consultation process. Federal actions funding. result in the destruction or adverse not affecting listed species or critical modification of critical habitat, we also Section 7(a) of the Act requires habitat, as well as actions on non- provide ‘‘reasonable and prudent Federal lands that are not federally Federal agencies to evaluate their alternatives’’ to the project, if any are actions with respect to any species that funded, authorized, or permitted will identifiable. Reasonable and prudent not require section 7 of the Act is proposed or listed as endangered or alternatives are defined at 50 CFR threatened, and with respect to its consultations. 402.02 as alternative actions identified Section 4(b)(8) of the Act requires us critical habitat, if any is designated or during consultation that can be to briefly describe and evaluate in any proposed. Regulations implementing implemented in a manner consistent proposed or final regulation that this interagency cooperation provision with the intended purpose of the action, designates critical habitat those of the Act are codified at 50 CFR part that are consistent with the scope of the activities involving a Federal action that 402. Section 7(a)(4) of the Act requires Federal agency’s legal authority and may adversely modify such habitat or Federal agencies to confer with us on jurisdiction, that are economically and that may be affected by such any action that is likely to jeopardize technologically feasible, and that the designation. Activities that may destroy the continued existence of a proposed Director believes would avoid or adversely modify critical habitat species or result in destruction or destruction or adverse modification of would be those that alter the primary adverse modification of proposed critical habitat. Reasonable and prudent constituent elements to the extent that critical habitat. Conference reports alternatives can vary from slight project the value of critical habitat for the provide conservation recommendations modifications to extensive redesign or conservation of Thlaspi californicum is to assist the agency in eliminating relocation of the project. appreciably reduced. We note that such conflicts that may be caused by the Regulations at 50 CFR 402.16 require activities may also jeopardize the proposed action. The conservation Federal agencies to reinitiate continued existence of the species. recommendations in a conference report consultation on previously reviewed Activities that, when carried out, are advisory. actions in instances where critical funded, or authorized by a Federal We may issue a formal conference habitat is subsequently designated and agency, may directly or indirectly report if requested by a Federal agency. the Federal agency has retained destroy or adversely modify critical Formal conference reports include an discretionary involvement or control habitat include, but are not limited to: opinion that is prepared according to 50 over the action or such discretionary (1) Ground disturbance of serpentine CFR 402.14, as if the species was listed involvement or control is authorized by outcrops and grassland and oak or critical habitat were designated. We law. Consequently, some Federal woodland areas, including but not may adopt the formal conference report agencies may request reinitiation of limited to grading, ripping, tilling, and as the biological opinion when the consultation or conference with us on paving; species is listed or critical habitat is actions for which formal consultation (2) Alteration of serpentine outcrops, designated, if no substantial new has been completed if those actions may including but not limited to removal of information or changes in the action affect designated critical habitat, or boulders, mining, and quarrying; alter the content of the opinion (50 CFR adversely modify or destroy proposed (3) Removing, destroying, or altering 402.10 (d)). critical habitat. vegetation in the critical habitat unit,

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including but not limited to illustrates, that the designation of lands have been excluded from the inappropriately managed livestock critical habitat is not likely to result in designation based on economic impacts grazing, clearing, introducing or a significant regulatory burden above or other relevant factors pursuant to encouraging the spread of nonnative that already in place due to the presence section 4(b)(2). species, recreational activities, and of the listed species. Few additional maintaining an unnatural fire regime consultations are likely to be conducted Relationship to Habitat Conservation either through fire suppression or due to the designation of critical habitat. Plans frequent and poorly timed prescribed Designation of critical habitat could No habitat conservation plans (HCPs) fires; affect the following agencies and/or (4) Hydrologic changes or other actions: Development on private, State, currently exist that include Thlaspi activities that alter surface drainage or county lands requiring permits or californicum as a covered species. patterns resulting in erosion of funding from Federal agencies, such as However, the designated lands are serpentine outcrops or adjacent areas, the U.S. Army Corps of Engineers, the covered lands in the Pacific Lumber including but not limited to water Department of Housing and Urban Company’s HCP. Section 10(a)(1)(B) of diversion, groundwater pumping, Development, the FAA, or the Federal the Act authorizes us to issue permits irrigation, and erosion control; Highway Administration; construction for the take of listed species incidental (5) Construction or maintenance of communication sites licensed by the to otherwise lawful activities. An activities that destroy or degrade critical Federal Communications Commission; incidental take permit application must habitat, including but not limited to and authorization of Federal grants or be supported by an HCP that identifies road building, building construction, loans. These actions would be subject to conservation measures that the airport expansion, drilling, and culvert the section 7 process. Where federally permittee agrees to implement for the maintenance or installation; listed wildlife species occur on private species to minimize and mitigate the (6) Application or runoff of pesticides, lands proposed for development, any impacts of the permitted incidental take. herbicides, fertilizers, or other chemical habitat conservation plans submitted by Although ‘‘take’’ of listed plants is not or biological agents; and the applicant to secure a permit to take prohibited by the Act, listed plant (7) Emergency response and clean-up according to section 10(a)(1)(B) of the species may also be covered in an HCP of fuel or other contaminant spills. Act would be subject to the section 7 for wildlife species. To properly understand the effects of consultation process. critical habitat designation, we must If you have questions regarding In most instances, we believe that the first compare the requirements pursuant whether specific activities would benefits of excluding HCPs from critical to section 7 of the Act for actions that constitute adverse modification of habitat designations will outweigh the may affect critical habitat with the critical habitat, contact the Project benefits of including them. In the event requirements for actions that may affect Leader, Arcata Fish and Wildlife Office that future HCPs covering Thlaspi a listed species. Section 7 of the Act (see ADDRESSES section). Requests for californicum are developed within the prohibits actions funded, authorized, or copies of the regulations on listed boundaries of the designated critical carried out by Federal agencies from wildlife, and inquiries about habitat, we will work with applicants to jeopardizing the continued existence of prohibitions and permits may be ensure that the HCPs provide for a listed species or destroying or addressed to the U.S. Fish and Wildlife protection and management of habitat adversely modifying the listed species’ Service, Region 1, Division of areas essential for the conservation of critical habitat. Actions likely to Endangered Species, 911 NE 11th this species. This will be accomplished ‘‘jeopardize the continued existence’’ of Avenue, Portland, OR 97232–4181 (503/ by either directing development and a species are those that would 231–6131, facsimile 503/231–6243). habitat modification to nonessential appreciably reduce the likelihood of the Exclusions Under Section 4(b)(2) areas, or appropriately modifying species’ survival and recovery. Actions activities within essential habitat areas likely to ‘‘destroy or adversely modify’’ Subsection 4(b)(2) of the Act allows so that such activities will not adversely critical habitat are those that would us to exclude areas from the critical modify the primary constituent appreciably reduce the value of critical habitat designation where the benefits of elements. The HCP development habitat for the survival and recovery of exclusion outweigh the benefits of process provides an opportunity for the listed species. designation, provided the exclusion will Common to both definitions is an not result in extinction of the species. more intensive data collection and appreciable detrimental effect on the As discussed in this final rule and our analysis regarding the use of particular survival and recovery of a listed species. economic analysis for this rulemaking, habitat areas by T. californicum. The Given the similarity of these definitions, we have determined that no significant process also enables us to conduct actions likely to destroy or adversely adverse economic effects will result detailed evaluations of the importance modify critical habitat would almost from this critical habitat designation. of such lands to the long-term survival always result in jeopardy to the species We believe the areas included in this of the species in the context of concerned, particularly when the area of designation are essential for the constructing a biologically configured the proposed action is occupied by the conservation of Thlaspi californicum system of interlinked habitat blocks. We species concerned. Designation of because they protect the existing will also provide technical assistance critical habitat in areas occupied by colonies, all suitable serpentine sites on and work closely with applicants Thlaspi californicum is not likely to Ashfield Ridge, connectivity between throughout the development of any result in a regulatory burden above that the serpentine sites, and the ecological future HCPs to identify lands essential already in place due to the presence of functions upon which the species for the long-term conservation of T. the listed species. Designation of critical depends. We believe that the californicum. Furthermore, we will habitat in areas not occupied by T. designation of the lands in this final complete intra-Service consultation on californicum may result in an additional rule as critical habitat outweigh the our issuance of section 10(a)(1)(B) regulatory burden when a Federal nexus benefits of their exclusion from being permits for these HCPs to ensure permit exists. However, we believe, and the designated as critical habitat. issuance will not destroy or adversely economic analysis discussed below Consequently, none of the proposed modify critical habitat.

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Economic Analysis improvement project. The analysis in our administrative record and may be Section 4(b)(2) of the Act requires us estimates economic costs for two obtained by contacting the Arcata Fish to designate critical habitat on the basis possible outcomes from this and Wildlife Office (see ADDRESSES of the best scientific and commercial consultation. Both estimates conclude section). Copies of the final economic information available, and to consider that the costs are attributable co- analysis also are available on the the economic and other relevant extensively to the listing of Thlaspi Internet at http://pacific.fws.gov/news/. californicum due to the species limited impacts of designating a particular area Required Determinations as critical habitat. Following the distribution and suitable habitat. We are publication of the proposed critical not aware of any future activities on Regulatory Planning and Review habitat designation, a draft economic State or private lands included in the In accordance with Executive Order designation would involve a Federal analysis was prepared by Economic & 12866, this document is a significant nexus. Planning Systems, Inc. for the Service. rule and has been reviewed by the Based on our economic analysis, we Office of Management and Budget The draft analysis was made available concluded that the designation of (OMB), as OMB determined that this for review on May 7, 2002 (67 FR critical habitat would result in little rule may raise novel legal or policy 30643). The public comment on the additional regulatory burden or issues. The Service prepared an draft analysis was open until June 6, associated significant additional costs economic analysis of this action. The 2002, however, we did not receive any above and beyond those attributable to comments. the listing of Thlaspi californicum due Service used this analysis to meet the Our economic analysis evaluated the to the limited extent of the designation requirement of section 4(b)(2) of the potential future effects associated with and the limited amount of reasonably Endangered Species Act to determine the listing of Thlaspi californicum as an foreseeable activity with a Federal the economic consequences of endangered species, as well as potential nexus in the area. designating the specific areas as critical effects of the critical habitat designation The economic analysis concludes that habitat. The draft EA was made above and beyond those regulatory and the only existing or reasonably available for public comment, and we economic impacts associated with foreseeable activity that will require considered comments on it during the listing. To quantify the proportion of consultation is the proposed Kneeland preparation of this rule. total potential economic impacts Airport improvement project. The most Regulatory Flexibility Act (5 U.S.C. 601 attributable to the critical habitat likely outcome of the consultation et seq.) designation, the analysis evaluated a would be approval of the proposal as ‘‘without section 7’’ baseline and presented or a recommendation to Under the Regulatory Flexibility Act compares it to a ‘‘with section 7’’ implement minor project modifications. (5 U.S.C. 601 et seq., as amended by the scenario. The ‘‘without section 7’’ The precise nature of any recommended Small Business Regulatory Enforcement baseline represents the level of project modifications is difficult to Fairness Act (SBREFA) of 1996), protection currently afforded to the predict in advance of the actual whenever an agency is required to species under the Act, absent section 7 consultation, however, the economic publish a notice of rulemaking for any protective measures, and includes analysis estimates that the type of minor proposed or final rule, it must prepare protections afforded by other Federal, modification that may be associated and make available for public comment State, and local laws such as the with a consultation may cost around a regulatory flexibility analysis that California Environmental Quality Act. $113,000. The analysis also estimated describes the effects of the rule on small The ‘‘with section 7’’ scenario identifies the potential cost to the economy under entities (i.e., small businesses, small land-use activities likely to involve a the extreme assumption that the organizations, and small government Federal nexus that may affect the improvement project was found to jurisdictions). However, no regulatory species or its designated critical habitat, jeopardize the species or adversely flexibility analysis is required if the which accordingly may trigger future modify critical habitat and that the head of the agency certifies the rule will consultations under section 7 of the Act. Service is unable to identify any not have a significant economic impact Upon identifying section 7 impacts, reasonable and prudent alternatives that on a substantial number of small the analysis proceeds to consider the would allow the project to proceed in entities. A ‘‘substantial number’’ of subset of impacts that can be attributed another form. Cost associated with this small entities is more than 20 percent of exclusively to the critical habitat scenario are estimated to range between those small entities affected by the designation. The upper-bound estimate $169,000 and $4.2 million depending on regulation, out of the total universe of includes both jeopardy and critical how the County’s chooses to address the small entities in the industry or, if habitat impacts. The subset of section 7 airport maintenance or whether or not appropriate, industry segment. SBREFA impacts likely to be affected solely by they construct a replacement airport. amended the Regulatory Flexibility Act the designation of critical habitat Because of T. californicum’s (RFA) to require Federal agencies to represents the lower-bound estimate of extremely limited distribution and small prepare a statement of the factual basis the analysis. The categories of potential amount of available suitable habitat, it for certifying that the rule will not have costs considered in the analysis is assumed that the Kneeland Airport a significant economic impact on a included costs associated with: (1) improvement project would be subject substantial number of small entities. Identifying the effect of the designation to consultation on potential impacts to SBREFA also amended the RFA to on a particular parcel or land use the species, regardless of critical habitat require a certification statement. For the activity (e.g., technical assistance, designation. Therefore, these potential reasons stated in the proposed rule, in section 7 consultations); and (2) costs are attributable co-extensively to addition to the reasons stated below, we modification to projects, activities, or the listing of the Thlaspi californicum. certify that critical habitat designation land uses resulting from the section 7 The designation of critical habitat is not for Thlaspi californicum will not have a consultations. expected to result in any significant significant effect on a substantial The only reasonably foreseeable additional regulatory protection. number of small entities. activity that will require consultation is A copy of the final economic analysis According to the Small Business the County’s proposed Kneeland Airport and supporting documents are included Administration, small entities include

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small organizations, such as thousand.’’ (U.S.C. 601), Humboldt proponents. The area designated as independent nonprofit organizations, County was not considered a small critical habitat is small, less than 30 ha and small government jurisdictions, entity for purposes of this analysis, even (74 ac), and we have identified fewer including school boards and city and though the analysis did consider the than a half-dozen landowners. The scale town governments that serve fewer than potential effects of the airport of the designation ensures that the 50,000 residents, as well as small improvement project. Similarly, the ‘‘substantial number of small entities’’ businesses (13 CFR 121.201). Small other private landowners are not threshold of the Regulatory Flexibility businesses include manufacturing and considered small businesses under the Act will not be met. mining concerns with fewer than 500 scope of SBREFA. Designation of critical habitat could employees, wholesale trade entities The economic analysis did, however, result in an additional economic burden with fewer than 100 employees, retail consider whether the activities of these on small entities due to the requirement and service businesses with less than $5 landowners have any Federal to reinitiate consultation for ongoing million in annual sales, general and involvement because designation of Federal activities. However, the Service heavy construction businesses with less critical habitat only affects activities is unaware of any ongoing Federal than $27.5 million in annual business, conducted, funded, or permitted by activities that affect this species, and special trade contractors doing less than Federal agencies; non-Federal activities since Thlaspi californicum was listed $11.5 million in annual business, and are not affected by the designation. No (2000), the Service has not conducted agricultural businesses with annual Federal lands occur within the any formal or informal consultations sales less than $750,000. To determine designated critical habitat unit. Land involving this species. if potential economic impacts to these use within the majority of the unit, Therefore, we certify that the small entities are significant, the Service outside of the existing developed areas, designation of critical habitat for considered the types of activities that consists of livestock grazing and Thlaspi californicum will not have a might trigger regulatory impacts under unforested lands surrounding timber significant economic impact on a this rule as well as the types of project lands. None of these activities is likely substantial number of small entities. A modifications that may result. In to trigger a future section 7 consultation. regulatory flexibility analysis is not general, the term significant economic The likelihood of future development in required. these areas is low, with the exception of impact is meant to apply to a typical Small Business Regulatory Enforcement the future airport expansion under small business firm’s business Fairness Act (5 U.S.C. 804(2)) operations. consideration. If the proposed airport To determine if the rule would affect expansion proceeds, the Federal As discussed above, this rule is not a a substantial number of small entities, Aviation Administration will likely be major rule under 5 U.S.C. 804(2), the the Service considered the number of required to consult with the Service Small Business Regulatory Enforcement small entities affected within particular under section 7 of the Act on activities Fairness Act (SBREFA). This final types of economic activities (e.g., that agency funds, permits, or designation of critical habitat: (a) does housing development, grazing, oil and implements that may affect Thlaspi not have an annual effect on the gas production, timber harvesting, etc.). californicum. With this critical habitat economy of $100 million; (b) will not The Service applied the ‘‘substantial designation, the Federal Aviation cause a major increase in costs or prices number’’ test individually to each Administration will also be required to for consumers, individual industries, industry to determine if certification is consult with the Service if its activities Federal, State, or local government appropriate. The area designated as may affect designated critical habitat. agencies, or geographic regions; and (c) critical habitat is small, less than 30 ha However, the Service believes this will does not have significant adverse effects (74 ac), and we have identified fewer result in minimal additional regulatory on competition, employment, than a half-dozen landowners. The burden on the agency and its applicant investment, productivity, innovation, or small scale of the designation ensures or because consultation would already the ability of U.S.-based enterprises to that the ‘‘substantial number of small be required due to the presence of the compete with foreign-based enterprises. entities’’ threshold of the Regulatory listed species. Consultation to avoid the As discussed in the draft economic Flexibility Act will not be met. The five destruction or adverse modification of analysis, no small entities as defined by primary landowners include the critical habitat would be incorporated SBREFA will potentially be affected by following: Humboldt County, which into the existing consultation process the designation of critical habitat. owns Kneeland Airport and Mountain and trigger only minimal additional Proposed and final rules designating View Road; State of California, which regulatory impacts beyond the duty to critical habitat for listed species are owns the Kneeland helictack base; avoid jeopardizing the species because issued under the authority of the Pacific Lumber Company, and two of this species limited distribution and Endangered Species Act of 1973, as private landowners. available habitat. amended (16 U.S.C. 1531 et seq.). The economic analysis identified the Should the airport expansion or Competition, employment, investment, Kneeland Airport improvement project another federally funded, permitted, or productivity, innovation, or the ability as the activity most likely to be affected implemented project be proposed that of U.S.-based enterprises to compete by this rulemaking. The analysis may affect designated critical habitat, with foreign-based enterprises are not estimated that a future section 7 we will work with the Federal action affected by this action and will not be consultation could cost all involved agency and any applicant, through affected by the final rule designating parties a total of $20,300 and that likely section 7 consultation, to identify ways critical habitat for this species. mitigation could cost about $113,000. to implement the proposed project Therefore, we anticipate that this final Kneeland Airport is owned by while minimizing or avoiding any rule will not place significant additional Humboldt County, which has a adverse effect to the species or critical burdens on any entity. population of approximately 126,000. habitat. In our experience, the vast Because SBREFA defines a ‘‘small majority of such projects can be Executive Order 13211 government jurisdiction’’ as successfully implemented with at most On May 18, 2001, the President issued ‘‘governments of cities, counties * * * minor changes that avoid significant Executive Order 13211 on regulations with a population of less than fifty economic impacts to project that significantly affect energy supply,

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distribution, and use. Executive Order California, as critical habitat for Thlaspi which Office of Management and 13211 requires agencies to prepare californicum. The takings implications Budget approval is required under the Statements of Energy Effects when assessment concludes that this final Paperwork Reduction Act. Information undertaking certain actions. Although designation of critical habitat does not collections associated with Act permits this rule is a significant regulatory pose significant takings implications for are covered by an existing OMB action under Executive Order 12866, it lands within or affected by the approval, and are assigned clearance is not expected to significantly affect designation of critical habitat for T. No. 1018–0094, with an expiration date energy supplies, distribution, or use. californicum. A copy of this assessment of July 31, 2004. The Service may not Therefore, this action is not a significant is available by contacting the Arcata conduct or sponsor, and a person is not energy action and no Statement of Fish and Wildlife Office (see ADDRESSES required to respond to, a collection of Energy Effects is required. The primary section). information unless it displays a land uses within designated critical Federalism currently valid OMB control number. habitat include small county airport facilities, CDFFP helitack base, grazing, In accordance with Executive Order National Environmental Policy Act and unforested lands surrounding 13132, this rule does not have timber lands. Significant energy significant Federalism effects. A The Service has determined that it production, supply, and distribution Federalism assessment is not required. does not need to prepare an facilities are not included within In keeping with Department of the Environmental Assessment or an designated critical habitat. Therefore, Interior and Department of Commerce Environmental Impact Statement as this action does not represent a policies, we requested information from, defined by the National Environmental significant action affecting energy and coordinated development of this Policy Act of 1969 (NEPA) in production, supply, and distribution critical habitat designation with, connection with regulations adopted facilities; and no Statement of Energy appropriate State resource agencies in pursuant to section 4(a) of the Effects is required. Because of this California. We will continue to Endangered Species Act. The Service species restricted range and the limited coordinate any future changes in the published a notice outlining its reasons amount of suitable habitat, any designation of critical habitat for for this determination in the Federal consultation required pursuant to Thlaspi californicum with the Register on October 25, 1983 (48 FR section 7 of the Act by a Federal agency appropriate State agencies. Since T. 49244). This final designation does not undertaking an action in this area would californicum only occurs distributed constitute a major Federal action likely be triggered by the listing of the over an extremely limited area, the significantly affecting the quality of the species and not solely by this designation of critical habitat imposes human environment. designation of critical habitat. few, if any, additional restrictions to those currently in place and therefore Government-to-Government Unfunded Mandates Reform Act (2 has little incremental impact on State Relationship With Tribes U.S.C. 1501 et seq.) and local governments and their In accordance Secretarial Order 3206, In accordance with the Unfunded activities. The designation may provide Mandates Reform Act (2 U.S.C. 1501 et some benefit to these governments in ‘‘American Indian Tribal Rights, seq.): that the areas essential to the Federal-Tribal Trust Responsibilities (a) This rule, as designated, will not conservation of the species are more and the Endangered Species Act’’ June ‘‘significantly or uniquely’’ affect small clearly defined and the primary 5, 1997), with the President’s governments. A Small Government constituent elements of the habitat memorandum of April 29, 1994, Agency Plan is not required. Small necessary to the conservation of the ‘‘Government-to-Government Relations governments will only be affected to the species are specifically identified. While with Native American Tribal extent that they must ensure that any this does not alter where and what Governments’’ (59 FR 22951), Executive programs involving Federal funds, federally sponsored activities may Order 13175, and the Department of the permits or other authorized activities occur, it may assist these local Interior’s manual at 512 DM 2, we will not adversely affect the critical governments in long-range planning readily acknowledge our responsibility habitat. In our economic analysis, we rather than having to wait for case-by- to communicate meaningfully with found the direct and indirect costs case section 7 consultations to occur. recognized Federal Tribes on a associated with critical habitat government-to-government basis. We designation to be small in relation to Civil Justice Reform have determined that there are no Tribal any small governments potentially In accordance with Executive Order lands essential for the conservation of affected. 12988, the Office of the Solicitor has Thlaspi californicum because they do (b) This rule will not produce a determined that this rule does not not support the species, nor do they Federal mandate on State, local, or tribal unduly burden the judicial system and provide essential habitat. Therefore, governments or the private sector of meets the requirements of sections 3(a) critical habitat for T. californicum has $100 million or greater in any year, that and 3(b)(2) of the Order. We designate not been designated on Tribal lands. is, it is not a ‘‘significant regulatory critical habitat in accordance with the action’’ under the Unfunded Mandates provisions of the Act. The rule uses References Cited Reform Act. standard property descriptions and A complete list of all references cited identifies the primary constituent Takings in this final rule is available upon elements within the designated areas to request from the Arcata Fish and In accordance with Executive Order assist the public in understanding the Wildlife Office (see ADDRESSES section). 12630 (‘‘Government Actions and habitat needs of Thlaspi californicum. Interference with Constitutionally Author Protected Private Property Rights’’), we Paperwork Reduction Act of 1995 (44 have analyzed the potential takings U.S.C. 3501 et seq.) The primary author of this document implications of designating 30 ha (74 ac) This rule does not contain any new or is Robin Hamlin (see ADDRESSES of lands in Humboldt County, revised information collections for section).

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List of Subjects in 50 CFR Part 17 Code of Federal Regulations, as set forth 2. In § 17.12(h) revise the entry for Endangered and threatened species, below: Thlaspi californicum under ‘‘FLOWERING PLANTS’’ to read as Exports, Imports, Reporting and PART 17—[AMENDED] recordkeeping requirements, and follows: Transportation. 1. The authority citation for part 17 § 17.12 Endangered and threatened plants. continues to read as follows: Regulation Promulgation * * * * * Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Accordingly, we amend part 17, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– (h) * * * subchapter B of chapter I, title 50 of the 625, 100 Stat. 3500, unless otherwise noted.

Species Spe- Historic range Family Status When listed Critical cial Scientific name Common name habitat rules

FLOWERING PLANTS

****** * Thlaspi californicum ...... Kneeland Prairie penny- U.S.A. (CA) ...... Brassica- E 684 17.96(a) NA cress. ceae — Mustard

*******

3. Amend § 17.96(a) by adding an for space and water (both above and serpentine sites, and support entry for Thlaspi californicum in below ground) and light is reduced, populations of pollinators and seed alphabetical order under Brassicaceae to compared to the surrounding habitats. dispersal organisms. read as follows: Known associated species include the (3) Existing features and structures following: Festuca rubra (red fescue), within the boundaries of mapped § 17.96 Critical habitat—plants. Koeleria macrantha (junegrass), Elymus critical habitat units, such as buildings, (a) Flowering plants. glaucus (blue wildrye), Eriophyllum roads, airports, and other paved areas * * * * * lanatum (woolly sunflower), Lomatium will not contain one or more of the Family Brassicaceae: Thlaspi macrocarpum (large-fruited lomatium), primary constituent elements. Federal californicum (Kneeland Prairie penny- and Viola hallii (Hall’s violet); actions limited to those areas, therefore, cress) (iii) Serpentine substrates that contain would not trigger a section 7 (1) A critical habitat unit is depicted 15 percent or greater (by surface area) of consultation, unless they affect the for Humboldt County, California, on the exposed gravels, cobbles, or larger rock species and/or primary constituent map below. fragments, which may contribute to elements in adjacent critical habitat. (2) The primary constituent elements alteration of factors of microclimate, (4) Critical habitat unit. Humboldt of critical habitat for Thlaspi including surface drainage and moisture County, California. californicum are the habitat components availability, exposure to wind and sun, (i) From USGS. 1:24,000 scale Iaqua that provide: and temperature; and Buttes quadrangle, land bounded by the (i) Thin rocky soils that have (iv) Prairie grasslands and oak following UTM Zone 10 NAD27 developed on exposures of serpentine woodlands located within 30 m (100 ft) coordinate pairs (East, North): 421800, substrates; of the serpentine outcrop area on 4507300; 422100, 4507800; 422100, (ii) Plant communities that support a Ashfield Ridge. Protection of these 4507300; 422200, 4507600; 421700, relatively sparse assemblage of habitats is essential to the conservation 4507400; 421800, 4507500; 421600, serpentine indicator, or facultative- of Thlaspi californicum in that it will 4507500; 421800, 4507900; 421800, serpentine indicator, species, including provide connectivity among the 4507800; 421900, 4507900 various native forbs and grasses, but not serpentine sites, help to maintain the (ii) Map follows: trees or shrubs, such that competition hydrologic and edaphic integrity of the BILLING CODE 4310–55–P

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* * * * * Management Act. Regulations governing Regional Administrator is establishing a Dated: September 30, 2002. fishing by U.S. vessels in accordance directed fishing allowance of 6,009 mt, Craig Manson, with the FMP appear at subpart H of 50 and is setting aside the remaining 50 mt CFR part 600 and 50 CFR part 679. as bycatch to support other anticipated Assistant Secretary for Fish and Wildlife and Parks. Within any fishing year, underage or groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional [FR Doc. 02–25371 Filed 10–8–02; 8:45 am] overage of a seasonal allowance may be added to or subtracted from subsequent Administrator finds that this directed BILLING CODE 4310–55–P seasonal allowances in a manner to be fishing allowance will soon be reached. determined by the Administrator, Consequently, NMFS is prohibiting DEPARTMENT OF COMMERCE Alaska Region, NMFS (Regional directed fishing for pollock in Statistical Administrator), provided that the sum Area 610 of the GOA. National Oceanic and Atmospheric of the revised seasonal allowances does Maximum retainable bycatch amounts Administration not exceed 30 percent of the annual may be found in the regulations at TAC apportionment for the Central and § 679.20(e) and (f). Western Regulatory Areas in the GOA 50 CFR Part 679 Classification (§ 679.20(a)(5)(ii)(C)). For 2002, 30 [Docket No. 011218304–1304–01; I.D. 092602F] percent of the annual TAC for the This action responds to the best Central and Western Regulatory Areas is available information recently obtained Fisheries of the Exclusive Economic 15,187 metric tons (mt). For 2002, the from the fishery. The Assistant Zone Off Alaska; Pollock in Statistical Regional Administrator has determined Administrator for Fisheries, NOAA, Area 610 of the Gulf of Alaska that within each area for which a finds good cause to waive the seasonal allowance is established, any requirement to provide prior notice and AGENCY: National Marine Fisheries overage or underage of harvest from the opportunity for public comment Service (NMFS), National Oceanic and previous season(s) shall be subtracted pursuant to the authority set forth at 5 Atmospheric Administration (NOAA), from or added to the seasonal allowance U.S.C. 553(b)(B) as such requirement is Commerce. of the following season provided that contrary to the public interest. This ACTION: Closure. the resulting sum of seasonal requirement is contrary to the public allowances in the Central and Western interest as it would delay the closure of SUMMARY: NMFS is prohibiting directed Regulatory Areas does not exceed the fishery, lead to exceeding the TAC, fishing for pollock in Statistical Area 15,187 mt in any single season. The D and therefore reduce the public’s ability 610 of the Gulf of Alaska (GOA). This season allowance of the pollock TAC in to use and enjoy the fishery resource. action is necessary to prevent exceeding Statistical Area 610 of the GOA is 5,949 the D season allowance of the pollock The Assistant Administrator for mt as established by an emergency rule Fisheries, NOAA, also finds good cause total allowable catch (TAC) for implementing 2002 harvest Statistical Area 610 of the GOA. to waive the 30–day delay in the specifications and associated effective date of this action under 5 DATES: Effective 1200 hrs, Alaska local management measures for the U.S.C. 553(d)(3). This finding is based time (A.l.t.), October 5, 2002, until 2400 groundfish fisheries off Alaska (67 FR upon the reasons provided above for hrs, A.l.t., December 31, 2002. 956, January 8, 2002 and 67 FR 34860, waiver of prior notice and opportunity FOR FURTHER INFORMATION CONTACT: May 16, 2002). The C season allowance for public comment. Mary Furuness, 907–586–7228, or in Statistical Area 610 was under This action is required by section [email protected]. harvested by 110 mt, therefore the 679.20 and is exempt from review under SUPPLEMENTARY INFORMATION: NMFS Regional Administrator, in accordance Executive Order 12866. with § 679.20(a)(5)(ii)(C), is increasing manages the groundfish fishery in the Authority: 16 U.S.C. 1801 et seq. GOA exclusive economic zone the D season pollock TAC in Statistical according to the Fishery Management Area 610 by 110 mt to 6,059 mt. Dated: October 4, 2002. Plan for Groundfish of the Gulf of In accordance with § 679.20(d)(1)(i), Virginia M. Fay, Alaska (FMP) prepared by the North the Regional Administrator, has Acting Director, Office of Sustainable Pacific Fishery Management Council determined that the D season allowance Fisheries, National Marine Fisheries Service. under authority of the Magnuson- of the pollock TAC in Statistical Area [FR Doc. 02–25709 Filed 10–4–02; 3:21 pm] Stevens Fishery Conservation and 610 will soon be reached. Therefore, the BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 67, No. 196

Wednesday, October 9, 2002

This section of the FEDERAL REGISTER Division, U.S. Census Bureau, Room the United States. The SED or AES contains notices to the public of the proposed 2104, Federal Building 3, Washington, record also is required for all exports issuance of rules and regulations. The D.C. 20233–6700, (301) 763–2255, by under a Bureau of Industry and Security purpose of these notices is to give interested fax (301) 457–2645, or by e-mail: (BIS) or Department of State (State persons an opportunity to participate in the [email protected]. Department) export license or State rule making prior to the adoption of the final rules. SUPPLEMENTARY INFORMATION: Department license exemption, regardless of value, unless exempted Background from the requirement for an SED or AES DEPARTMENT OF COMMERCE On July 26, 2001, the Census Bureau record by the State Department (see 15 published a program notice in the CFR, part 30, § 30.55(h)(2) and 22 CFR Bureau of the Census Federal Register (66 FR 39006) parts 120–130). announcing that we would be issuing For export data filed via a paper SED, 15 CFR Part 30 rules, and allowing the public to the USPPI or freight forwarder must present the SED to the exporting carrier [Docket Number 010622161–2029–02] comment, on this subject. The Census Bureau is responsible for when the cargo is tended to the carrier. RIN 0607–AA34 collecting, compiling, and publishing The vessel, air or rail carrier must trade statistics for the United States present the manifest and supporting Automated Export System Mandatory under the provisions of Title 13, United documentation to the Customs Port Filing for Items on the Commerce States Code (U.S.C.), Chapter 9, Section Director at the port of export within four Control List (CCL) and the United 301. The paper SED and the AES are the days after departure if a bond is posted States Munitions List (USML) That primary media used for collecting such with Customs. However, this rule does Currently Require a Shipper’s Export trade data, and the information not apply to SEDs or AES shipments Declaration (SED) contained therein is used by the Census subject to BIS or State Department licenses or State Department license AGENCY: Bureau of the Census, Bureau for statistical purposes only. exemptions. If the information is filed in Commerce. This information is exempt from public disclosure under the provisions of Title the AES, an exemption legend is ACTION: Notice for proposed rulemaking 13, U.S.C., Chapter 9, Section 301(g). included on the vessel, air, or rail and request for comments. The SED and AES records also are used manifest, or other commercial loading SUMMARY: The U.S. Census Bureau for export control purposes under Title document indicating that no SED is (Census Bureau) is amending the 50, U.S.C., and Title 22, U.S.C., to detect attached, with a transaction Foreign Trade Statistics Regulations and prevent the export of certain critical identification number or unique (FTSR) to incorporate requirements for technology and commodities to identifier to identify the electronic AES the mandatory Automated Export unauthorized destinations or end users. record. If no manifest is required or the System (AES)/AESDirect filing for items Under the current rules and manifest is electronically filed, the identified on the Department of regulations, export information is paper SEDs or the electronically filed Commerce’s Commerce Control List compiled from both paper and AES exemption legends are presented (CCL) and the Department of State’s electronic transactions filed by the directly to Customs. United States Munitions List (USML). export community with Customs and Electronic filing strengthens the U.S. The AES is the electronic method to file the Census Bureau. The AES is an Government’s ability to control the the Shipper’s Export Declaration (SED) electronic method by which the U.S. export of critical goods and technologies and the ocean manifest information principal party in interest or the and weapons of mass destruction to directly with the U.S. Customs Service authorized agent can transmit the prohibited and unauthorized end-users (Customs). AESDirect is the Census required export information. For and affords the government the ability Bureau’s free Internet-based system for purposes of completing the SED or AES to significantly improve the quality, filing SED information with the record, the U.S. principal party in timeliness, and coverage of export Customs’ AES. Further references to interest (USPPI) is the person in the statistics. Currently, fifty (50) percent of AES covers both AES and AESDirect. United States that receives the primary the paper SEDs submitted contain one You are only required to file benefit, monetary or otherwise, from the or more errors in export reporting, information via AES for those items that export transaction. The authorized agent accounting for a significant percentage require a SED. This rule will, among is the person in the United States who of unreported exports. Reporting on the other things, provide provisions for AES is authorized by power of attorney or AES has demonstrated that, compared mandatory filing in the FTSR. written authorization by the USPPI or to paper filing, the error rate is reduced the foreign principal party in interest to substantially and coverage is improved. DATES: Submit written comments on or prepare and file the SED or AES record. Currently, the error rate for export before December 9, 2002. A paper SED or the electronic transactions filed through the AES is ADDRESSES: Please direct all written equivalent AES record is required, with approximately six (6) percent. At this comments on this proposed rule to the certain exceptions, for exports of time, the electronic AES filing of the Director, U.S. Census Bureau, Room merchandise valued at more than $2,500 required export information under Title 2049, Federal Building 3, Washington, from the United States, Puerto Rico, and 13, U.S.C., Section 301, is strictly DC 20233. the United States Virgin Islands to voluntary for the export of any item. FOR FURTHER INFORMATION CONTACT: C. foreign countries or exports between On November 29, 1999, the President Harvey Monk, Jr., Chief, Foreign Trade U.S. Virgin Islands and Puerto Rico and signed H.R. 3194, the Consolidated

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Appropriations Act of 1999, into law provision by the Department of The mandatory compliance date for (Pub. L. 106–113). Section 1252(a) of Commerce for the establishment of on- these regulatory requirements would be this law, amends Title 13, U.S.C., line assistance services to be available 90 days after issuance of any final rule. Chapter 9, section 301 to add subsection for those individuals who must use the Program Requirements ‘‘(h)’’ authorizing the Secretary of AES; (3) the provision by the Commerce to require by regulation, Department of Commerce for ensuring In order to comply with the mandatory reporting requirements for that an individual required to use the requirements of Pub. L. 106–113, the filing export information through the AES is able to print out from the AES Census Bureau proposes amending the AES for items identified on the CCL and a validated record of the individual’s appropriate sections of the FTSR to USML that require the SED. The submission, including the date of specify the requirements for the AES effective date of this amendment is 270 submission and a transaction number or mandatory filing and the revision to the days after the Secretary of Commerce, unique identifier, where appropriate, for paper SED. For purposes of this rule, all the Secretary of the Treasury, and the the export transaction; and (4) a references to filing mandatory AES Director of the National Institute of requirement that the Department of shipments do not apply to the paper Standards and Technology jointly Commerce print out and maintain on SED. provide a certification to the Committee file a paper copy or other acceptable The Census Bureau proposes revising on Foreign Relations of the Senate and back-up record of the individual’s the following sections of the FTSR: (a) the Committee on International submission at a location selected by the Section 30.1 to specify the general Relations of the U.S. House of Secretary of Commerce. This rule requirements for filing items identified Representatives that a secure AES defines the regulatory revisions that on the CCL and USML, that require the mainframe computer system of Customs would be made to implement this SED, via the AES; (b) Section 30.7 to add instructions for filing the address of and the Internet-based AESDirect legislation. The Census Bureau also the USPPI, the freight forwarder’s EIN system of the Census Bureau is capable proposes to amend the FTSR to specify on the paper SED, the transportation of handling the expected volume of how electronic export information is reference number, instructions for filing information required to be filed, plus identified on the manifest by mode of the gross shipping weight for air, vessel, the anticipated volume from voluntary transportation and define the carrier’s truck and rail modes of transportation use of the AES has been successfully responsibilities. In addition to via paper and the AES and delete implemented and tested and is fully proposing regulations on the provisions references to ‘‘marks and numbers’’; (c) functional with respect to reporting all for the mandatory filing via the AES, Section 30.12 to specify the instructions items on the USML, including this Notice of Proposed Rulemaking regarding the time and place for quantities and destinations. The proposes to amend §§ 30.63 (14)–(21) to presenting SED information; (d) Section required certification report was collect additional data through the AES 30.21 to specify the departing carrier’s submitted to Congress on June 2001. to meet the State Department’s responsibility for filing export and The certification report described the requirements. Finally, this notice manifest data via paper and the AES; (e) security measures in place to develop, proposes to add to the paper SED the Section 30.22 to specify the implement, and maintain each system; requirement to enter the freight responsibilities of the departing carrier summarized the information system forwarder’s Employer Identification to deliver to the Customs Port Director assessment reports prepared by the Number (EIN) when required. This at the time of exportation, the required General Services Administration (GSA), requirement applies to filers who are documentation for electronically filed Office of Information Security, and not required to file through AES and items; (f) Section 30.23 to amend the Customs; and provided the Census who choose to file a paper SED, rather requirements for the pipeline carrier Bureau’s response to those security than filing voluntarily through AES. when the item is identified on the CCL assessment reports listing the specific One additional revision the Census or USML; (g) Section 30.60 is amended actions taken by both agencies to ensure Bureau proposes for the FTSR is the to specify participation requirements in the security and functionality of the removal of AES Filing Option 3. Option the AES; (h) Section 30.61 to specify the system. In addition, the AES has 3 allows the filer to provide partial pre- electronic filing options required for received a security accreditation from departure information and complete mandatory filing and to delete Customs, and the AESDirect system has information five (5) working days from references to Option 3; (i) Section 30.62 received a security accreditation from the date of exportation. The Census is amended to update the specifications the Census Bureau. On July 26, 2001, Bureau identified four (4) specific for certification, qualification and the Census Bureau published a program reasons for making Option 3 inactive. standards for AES and AESDirect; (j) notice in the Federal Register (66 FR Option 3 has shown to be underutilized Section 30.63 to revise the requirements 39006) announcing that the AES by the AES filers. Option 3 filers have for entering a USPPI’s profile in AES certification report was submitted to frequently shown noncompliance with and to add data elements required in the Congress. timely filing for both the pre-departure AES to validate State Department’s As authorized by Section 1252(b) of and post departure filings and, Office of Defense Trade Controls Pub. L. 106–113, the Census Bureau therefore, the data collected are often (ODTC) licensed or license-exempt proposes to amend the FTSR to specify incomplete and inaccurate because of shipments and to delete references to the mandatory provisions for missing post departure filings. Lastly, Option 3; (k) Section 30.65 to specify electronically filing SEDs as well as the Option 3 has shown to be a burden by the requirements for annotating the time and place requirements for filing. requiring filers to transmit twice for one proper exemption legends when exports In addition, the Census Bureau proposes shipment. Of the 734,916 total average are filed through the AES; (l) Section to amend the FTSR to specify: (1) The AES shipment transactions collected per 30.66 to specify requirements as stated requirements for the filing of SEDs month, Option 3 filings average only in Section 1252(b)(2) of Pub. L. 106– through the electronic AES and the 28,739 or 3.9 percent. Additionally, of 113, which pertains to record keeping provisions and responsibilities of the 5,000 plus AES filers, only 53 filers and documentation requirements; (m) parties exporting items identified on the are using Option 3 and of those, only 7 revise Appendix A to amend the CCL and USML via the AES; (2) the use Option 3 exclusively. instructions for the Letter of Intent; (n)

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revise Appendix B to delete references now file through AES. It is unlikely that List of Subjects in 15 CFR Part 30 to Option 3 filing and to reserve it for the regulations that require mandatory Economic statistics, Foreign trade, future use; and (o) revise Appendix C, use of AES to file export information Exports, Reporting and record keeping Part II—Export Information Codes and would affect a substantial number of requirements. Part III—License Codes, Bureau of small entities because 90 percent of all For the reasons set out in the Industry and Security Codes and exporters who are considered small preamble, it is proposed that Part 30 be Department of State Codes to specify entities already use a forwarding agent amended as follows: additional license codes required and to file export documentation. reference as to where to locate the In addition, those small exporters that PART 30—FOREIGN TRADE International Traffic in Arms do not currently use a forwarding agent STATISTICS Regulations (ITAR) license exemption to file export documentation will not be citations. Revise Part IV—In-Bond Code significantly impacted by this 1. Revise the authority citation for to delete codes that pertain only to regulation. We can safely assume that part 30 to read as follows: import shipments. The collection of small businesses involved in exporting Authority: 5 U.S.C. 301; 13 U.S.C. 301– additional data items listed in Appendix items on the CCL and USML are 307; Reorganization Plan No. 5 of 1950 (3 C has been approved by the Office of electronically sophisticated, and would CFR 1949–1953 Comp., 1004); and Management and Budget (OMB). have access to a computer and the Department of Commerce Organization Order The State Department and the Internet. The Census Bureau has No. 35–2A, July 22, 1987, as amended. Department of Treasury concur with the provided a free Internet-based system, PART 30—[AMENDED] provisions contained in this notice of AESDirect, especially for small proposed rulemaking. businesses to submit their export 2. In Part 30, revise all references to Rulemaking Requirements information electronically. The the ‘‘Bureau of Export Administration’’ implementation of AESDirect was the to read the ‘‘Bureau of Industry and Administrative Procedure Act primary criteria required in order for Security’’ and revise all reference to This proposed rule is exempt from all Section 1252 of Pub. L. 106–113 to ‘‘BXA’’ to read ‘‘BIS.’’ requirements of Section 553 of the become effective. Therefore, it is not 3. Revise the heading of Subpart A to Administrative Procedure Act, because necessary for small businesses to read as follows: it deals with a foreign affairs function of purchase software for this task. Small Subpart A—General Requirements— the United States (5 U.S.C. 553(a)(1)). businesses currently filing paper and U.S. Principal Party In Interest However, this rule is being published as who will now be required to file a proposed rule with an opportunity for electronically will be able to continue to 4. Amend § 30.1 to revise all public comment, because of the use their current forwarding agent who references to ‘‘exporters or their importance of the issues raised by this will be required to file the export authorized agents’’ to read ‘‘U.S. rulemaking. information electronically on their principal party in interest or the behalf or the exporters can use Regulatory Flexibility Act authorized agent,’’ in paragraph (a), AESDirect and file directly for revise paragraph (b) and paragraph (c) to The Chief Counsel for Regulation of themselves. read as follows: the Department of Commerce certified Executive Orders to the Chief Counsel for Advocacy of the § 30.1 General statement of requirement Small Business Administration that this This rule has been determined to be for Shipper’s Export Declarations. rule will not have a significant impact not significant for purposes of Executive * * * * * on a substantial number of small Order 12866. It has been determined (b) Export information that is required entities. This action requires that that this rule does not contain policies to be filed for items identified on the exporters file export information with Federalism implications as that Commerce Control List (CCL) of the through the AES for items identified on term is defined under Executive Order Export Administration Regulations the CCL and USML that currently 13132. (EAR) (15 CFR Supplement No. 1 to Part 774) or the U.S. Munitions List (USML) require the SED. Currently, 85 percent Paperwork Reduction Act of all export transactions are voluntarily of the International Traffic in Arms filed electronically and the remaining Notwithstanding any other provision Regulations (ITAR) (22 CFR, part 121) is 15 percent are filed on paper SEDs. of law, no person is required to respond to be filed electronically through AES. Based on year 2000 data, the Census to, nor shall a person be subject to a This requirement to file information via Bureau estimates there were 128,000 penalty for failure to comply with, a AES applies to those items that require exporters who were considered small collection of information subject to the a Shipper’s Export Declaration. entities under the Small Business Act— requirements of the Paperwork Exemptions from these requirements because they had less than 500 Reduction Act (PRA), unless that and exceptions to some of the employees—and that filed one or more collection of information displays a provisions of these regulations for export shipments. Of these 128,000 current, valid Office of Management and particular types of transactions are exporters, 90 percent used a forwarding Budget (OMB) control number. In found in subparts C and D of this part. agent to file export documentation, the accordance with the PRA, 44 U.S.C., (c) In lieu of filing paper SEDs as SED, on their behalf. Although, it is not Chapter 35, OMB approved on April 26, provided elsewhere in this Section, the possible to determine how many of the 2002, with control number 0607–0512, U.S. principal party in interest or the 128,000 small businesses exported the collection of all information authorized agent is required to file merchandise identified on the CCL or associated with the AES and SED under shippers’ export information, when the USML and that are currently this rule. We estimate that each required, electronically through the AES required to file an SED, the Census electronic SED will take approximately for the export of items identified on the Bureau anticipates that the new 3 minutes to complete; we estimate that CCL of the EAR (15 CFR Supp. No. 1 to requirement would not significantly each paper SED will take approximately part 774) or the USML of the ITAR (22 affect the small businesses who must 11 minutes to complete. CFR, part 121) as provided for in

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subpart E of this part, Electronic Filing (j) Transportation Reference Number. to deliver the required number of copies Requirement-Shipper’s Export Enter the Transportation Reference of the SED or the exemption legends Information. Information for items Number as follows: when the cargo is tendered to the identified on the USML, including those (1) Vessel Shipments. Report the exporting carrier. Information on items exported under an export license booking number for all sea shipments. identified on the Commerce Control List exemption, must be filed electronically The booking number is the reservation (CCL) of the EAR (15 CFR Supp. No. 1 prior to export, unless exempted from number assigned by the carrier to hold to part 774) or the U.S. Munitions List the SED filing requirement by the State space on the vessel for cargo being (USML) of the International Traffic in Department. For State Department exported. Arms Regulations (ITAR) (22 CFR, Part USML shipments, refer to the (2) Air Shipments. Report the master 121) that require an SED, must be filed International Traffic in Arms air waybill number for all air shipments. through the AES. Information for items Regulations (22 CFR, parts 120–130) for The air waybill number is the identified on the USML, including those State Department requirements reservation number assigned by the exported under an export license concerning the AES exemption legend carrier to hold space on the airplane for exemption, must be filed electronically and filing time requirements. The U.S. cargo being exported. prior to export, unless exempted from (3) Rail Shipments. Report the bill of principal party in interest or the the SED filing requirements by the State lading (BOL) number for all rail authorized agent filing SEDs for the Department. For State Department export of items not on the CCL or the shipments. The BOL number is the reservation number assigned by the USML shipments, refer to the ITAR (22 USML have the option of filing this CFR, Parts 120–130) for more specific information electronically as provided carrier to hold space on the rail car for cargo being exported. requirements concerning the AES for in subpart E of this part. exemption legend and filing time 5. Amend § 30.7 as follows: (4) Truck Shipments. Report the requirements. Failure of the U.S. a. Add paragraph (d)(3). Freight or Pro Bill number for all truck b. Revise the first sentence of shipments. The Freight or Pro Bill principal party in interest or the paragraph (e). number is the number assigned by the authorized agent of either the U.S. c. Remove and reserve paragraph (k). carrier to hold space on the truck for principal party in interest or foreign d. Revise paragraphs (j) and (o). cargo being exported. The Freight or Pro principal party in interest to comply e. Add a sentence after the second Bill number correlates to a bill of lading with these requirements constitutes a sentence in paragraph (l). number, air waybill number or Trip violation of the provisions of these The additions and revisions read as number for multi-modal shipments. regulations, and renders such principal follows: (k) [Reserved] party or the authorized agent subject to (l) * * * Include marks, numbers or the penalties provided for in § 30.95 of § 30.7 Information required on Shipper’s other identification shown on packages this part. Export Declaration. and the number and kinds of packages (a) Postal Exports. SEDs for exports of * * * * * (i.e., boxes, barrels, baskets, bales, etc.). (d) * * * items being sent by mail, as required in *** § 30.1 of this part, shall be presented to (3) Address (number, street, city, (o) Gross (shipping) weight. Enter the the postmaster with the packages at the state, Zip Code) of the USPPI. In all gross shipping weight in kilograms on time of mailing. export transactions, the USPPI shall the SED or the AES record, including report the address location from which the weight of containers, for air, vessel, (b) Pipeline Exports. SEDs for exports the merchandise actually starts its truck, and rail methods of being sent by pipeline are not required journey to the port of export. For transportation. However, for to be presented prior to exportation; example, a Shipper’s Export Declaration containerized cargo in lift vans, cargo however, they are required to be filed covering merchandise laden aboard a vans, or similar substantial outer within four (4) working days after the truck at a warehouse in Georgia for containers, the weight of such end of each calendar month. These transport to Florida for loading onto a containers should not be included in the SEDs must be filed with the Customs vessel for export to a foreign country gross weight of the commodities. If the Port Director having jurisdiction for the shall show the address of the warehouse gross shipping weight information is not pipeline, and the filer must deliver the in Georgia. If the USPPI does not have available for individual Schedule B SED in the number of copies specified a facility (processing plant, warehouse items because commodities covered by in § 30.5 of this part to cover exports to or distribution center, retail outlet, etc.) more than one Schedule B number are each consignee during the calendar at the location from which the goods contained in the same shipping month. began their export journey, report the container, approximate shipping (c) Exports by other methods of USPPI address from which the export weights should be used for each transportation. For exports sent other was directed. For shipments of multiple Schedule B item in the container. The than by mail or pipeline, the required origins reported on a single SED, report total estimated weights must equal the number of copies of SEDs as prescribed the address from which the greatest actual shipping weight of the entire in § 30.5 of this part shall be delivered value begins its export journey or, if container or containers and contents. to the exporting carrier when the cargo such information is not known at the * * * * * is tendered to the exporting carrier. time of export, the address from which 6. Revise § 30.12 to read as follows: the export is directed. (d) Exports Filed Via AES. For exports (e) Forwarding or other agent. The § 30.12 Time and place for presenting the filed through the AES, it is the duty of name, address, and Employer SED or Exemption Legends. the U.S. principal party in interest or Identification Number (EIN) or Social The following conditions govern the the authorized agent to deliver to the Security Number (SSN) of the duly time and place to present paper SEDs or exporting carrier, the AES exemption authorized forwarding or other agent (if the AES transaction identification legends as provided for in § 30.65 of this any) of a principal party in interest must number that identifies the electronic part or 22 CFR (parts 120–130) of the be recorded where required on the SED record. It is the duty of the principal ITAR when the cargo is tendered to the or AES record. * * * party in interest or the authorized agent exporting carrier.

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Subpart B—General Requirements— to be laden aboard vessels on the high legend as provided in § 30.65 of this Exporting Carriers seas) clearing for foreign countries shall part and the ITAR (22 CFR part 121) for show quantities and values of bunker U.S. Munitions List (USML) shipments. 7. Revise § 30.21 to read as follows: fuel taken aboard at that port for fueling (b) * * * If the export information is § 30.21 Requirements for the filing of use of the vessel, apart from such filed electronically via the AES, the manifests. quantities as may have been laden on carrier is responsible for providing the Carriers transporting merchandise via vessels as cargo. Customs Port Director at the port of vessel, aircraft, or rail are required to (ii) Coal and Fuel Oil. The quantity of exportation with the proper AES file an outbound manifest (along with coal shall be reported in metric tons exemption legend as provided in § 30.65 the required SEDs, supporting (2240 pounds), and the quantity of fuel of this part and the ITAR (22 CFR, part documentation and/or the exemption oil shall be reported in barrels of 158.98 121) for U.S. Munitions List (USML) statement) to the Customs Port Director liters (42 gallons). Fuel oil shall be shipments. at the port of exportation. Outbound described in such manner as to identify * * * * * vessel manifests may be filed via paper diesel oil as distinguished from other (f) Information on items identified on or electronically through the vessel types of fuel oil. the Commerce Control List of the EAR transportation module, a component of (2) Aircraft. Aircraft transporting (15 CFR Supp. No. 1 to part 774) or the the AES, as provided in U.S. Customs merchandise as specified in § 30.20 of U.S. Munitions List of the ITAR (22 CFR Service Regulations, 19 CFR 4.63 and this part, shall file a complete manifest part 121) that require an SED, must be 4.76. SEDs may be filed via paper or on Customs Form 7509, as required in filed through AES. The exporting carrier electronically via the AES. U.S. Customs Regulations, 19 CFR must not accept paper SEDs or cargo (a) Paper SED—paper manifest. If 122.72 through 122.76. All the cargo so that does not have the appropriate AES filing paper SEDs and paper manifest, laden shall be listed and shall show, for filing exemption legend as set forth in attach the copies of the SEDs to the each item, the air waybill number or § 30.65 of this part and the ITAR (22 manifest. For each item of cargo, the marks and numbers on packages, the CFR part 121) for U.S. Munitions List Transportation Reference Number on number of packages, and the description (USML) shipments. Acceptance of paper the SED covering the item must be of the goods. SEDs or cargo without the appropriate shown on the manifest. (3) Rail carriers. Rail carriers exemption legend constitutes a violation (b) Paper SED—electronic manifest. If transporting merchandise as specified in of the provisions of these regulations, filing paper SEDs and the electronic § 30.20 of this Part shall file a car and renders such carrier subject to the outbound vessel manifest, carriers are manifest. Such manifest shall be filed penalties provided for in § 30.95 of this responsible for submitting paper SEDs with the Customs Port Director at the part. directly to the Customs Port Director. port of exportation, giving the marks * * * * * (c) Electronic SED—paper manifest. If and numbers, the name of the shipper 9. Amend § 30.23 by adding a filing the electronic SED and paper or consignor, description of goods and sentence to the end of the paragraph to outbound manifest, carriers must the destination thereof. The manifest read as follows: annotate the outbound manifest with may be a waybill, or copy thereof, or a the appropriate AES exemption legends copy of the manifest prepared for § 30.23 Requirements for the filing of as provided in § 30.65 of this part. foreign customers. Shipper’s Export Declarations by pipeline (d) Electronic SED and manifest. If (4) Carriers not required to file carriers. filing the SED information and manifests. Carriers other than vessels, * * * If the merchandise transported outbound vessel manifest electronically aircraft, and rail carriers, or vessels by pipeline is identified on the through the AES, the carrier must under 5 net tons engaged in trade with Commerce Control List of the EAR (15 adhere to the instructions specified in a foreign country other than by sea are CFR Supplement No.1 to part 774) or U.S. Customs Regulations, 19 CFR, 4.76 not required to file manifests. Vessels the U.S. Munitions List of the ITAR (22 and § 30.60 of this Part and transmit the specifically exempted from entry by CFR, part 121), and requires an SED, the appropriate exemption legend as section 441 of the Tariff Act of 1930 are data regarding the shipment must be provided in § 30.65 of this part. exempt from filing manifests. Carriers filed electronically through the AES. (e) When an SED is not required. If an exempted from filing manifests are Subpart E—Electronic Filing item does not require a SED, the proper required, upon request, to present to the exemption legend must be annotated on Requirements—Shipper’s Export Customs Port Director regulatory SED Information the outbound manifest or other exemption legends or AES exemption appropriate commercial documents as legends. Failure of the carrier to do so 10. Amend 30.60 to revise paragraph provided in § 30.50 of this Part. constitutes a violation of the provisions (a) to read as follows: (f) Exports to Puerto Rico. When filing of these regulations, and renders such paper manifests for shipments from the carrier subject to the penalties provided § 30.60 General requirements for filing United States to Puerto Rico, the export and manifest data electronically for in § 30.95 of this part. using the Automated Export System. manifest shall be filed with the Customs 8. Amend § 30.22 by adding a Port Director where the merchandise is sentence to the end of paragraph (a), * * * * * (a) Participation. Filing using the AES unladen in Puerto Rico. adding a sentence after the first sentence is mandatory for those items identified (1) Vessels. Vessels transporting in paragraph (b), and adding paragraph on the Commerce Control List (CCL) of merchandise as specified in § 30.20 of (f) to read as follows: this part (except vessels exempted by the EAR (15 CFR Supplement No. 1 to paragraph (e)(4) of this section) shall file § 30.22 Requirements for the filing of part 774) or the U.S. Munitions List a complete Cargo Declaration Outward Shipper’s Export Declarations or AES (USML) of the ITAR (22 CFR, part 121). With Commercial Forms, Customs Form Exemption Legends by departing carriers. You are only required to file 1302–A. In addition, vessel carriers are (a) * * * When the export information via AES for those items that required to perform the following: information for a shipment is filed via require a Shipper’s Export Declaration. (i) Bunker fuel. Vessel manifest the AES, the carrier is responsible for All other participation in the AES in (including vessels carrying bunker fuel presenting the proper AES exemption voluntary. Information for items

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identified on the CCL or the USML filed § 30.62 AES/AESDirect Certification, password. The filer uses the temporary via AES must be filed by the U.S. qualification, and standards. administrator code to create a principal party in interest or the Certification for AES filing will apply permanent administrator code that authorized agent. A Data Entry Center, to the U.S. principal party in interest, allows the user to create a permanent service center, or port authority may authorized forwarding agent, carrier, password. The user name and new transmit an AES record for CCL or non-vessel operating common carriers permanent password will allow the filer USML items, completed by the U.S. (NVOCC), consolidator, port authority, to complete a certification quiz. Upon principal party in interest or the software vendor, or service center passing the quiz, notification by e-mail authorized agent, without obtaining a transmitting export information will be sent when an account is fully power of attorney or written electronically using the AES. activated for filing via AESDirect. Print authorization. A Data Entry Center, (a) AES Certification Process. the page congratulating the filer on service center, or port authority must Applicants interested in AES filing must passing the quiz for retention purposes. have a power of attorney or written submit a Letter of Intent to the Census The activation notice will specify which authorization from the U.S. principal Bureau in accordance with the AES filing status the account has been party in interest or foreign principal provisions contained in § 30.60. authorized. party in interest if it completes any Customs and the Census Bureau will (c) Filing agent certification. Once an export information in AES for CCL or assign client representatives to work authorized filing agent has successfully USML shipments. Companies may also with the applicant to prepare them for completed the certification process, the buy a software package designed by an AES certification. The AES applicant U.S. principal party in interest using AES certified software vendor. Certified must perform an initial two-part that agent does not need further AES trade participants (filing agents) can communication test to ascertain certification. The certified filing agent transmit to and receive data from the whether the applicant’s system is must have a properly executed power of AES pertaining to merchandise being capable of both transmitting data to, and attorney, a written authorization from exported from the United States. receiving data from, the AES. The the U.S. principal party in interest or Participants in the AES process, who applicant must demonstrate specific foreign principal party in interest, or a may apply for AES certification, system application capabilities. The SED signed by the U.S. principal party includeU.S. principal parties in interest capability to correctly handle these in interest to transmit their data or the authorized agents, carriers, non- system applications is the prerequisite electronically using the AES. The U.S. vessel operating common carriers to certification for participation in the principal party in interest or authorized (NVOCC), consolidators, port AES. The applicant must successfully agent that utilizes a service center or authorities, software vendors, or service transmit the AES certification test. The port authority must complete centers. Once becoming certified, an Customs’ and Census Bureau’s client certification testing, unless the service representatives provide assistance AES filer (filing agent) must agree to center or port authority has a formal during certification testing. These stay in complete compliance with all power of attorney or written representatives make the sole export rules and regulations. authorization from the U.S. principal determination as to whether or not the party in interest to file the export * * * * * applicant qualifies for certification. information on behalf of the U.S. 11. Amend § 30.61 to revise the Upon successful completion of principal party in interest. introductory text, remove paragraph (b), certification testing, the applicant’s (d) AES filing standards. The certified and redesignate paragraph (c) as status is moved from testing mode to AES filer’s data will be monitored and paragraph (b) to read as follows: operational mode. Upon certification, reviewed for quality, timeliness, and the filer will be required to maintain an coverage. The Census Bureau will notify § 30.61 Electronic filing options. acceptable level of performance in AES the AES filer if the filer fails to maintain As an alternative to filing paper filings. The certified AES filer may be an acceptable level of quality, Shipper’s Export Declaration forms required to repeat the certification timeliness, and coverage in the (Option 1), two electronic filing options testing process at any time to ensure transmission of export data or fail to (Option 2 and 4) for transmitting that operational standards for quality maintain compliance with Census shipper’s export information are and volume of data are maintained. The Bureau regulations contained in this available to U.S. principal parties or the Census Bureau will provide the certified Section. The Census Bureau, if authorized filing agent. The electronic AES filer with a certification letter after necessary, will take appropriate action filing Option 4 takes into account that the applicant has been approved for to correct the specific situation(s). In the complete information concerning export operational status. The certification case of AESDirect, when submitting a shipments is not always available prior letter will include: registration form to AESDirect, the to exportation. Information on the (1) The date that filers may begin registering company is certifying that export of items identified on the transmitting ‘‘live’’ data electronically they will be in compliance with all Commerce Control List of the EAR (15 using AES; applicable laws and regulations. This CFR Supplement No. 1 to part 774) or (2) Reporting instructions; and includes complying with the following the U.S. Munitions List of the ITAR (22 (3) Examples of the required AES security requirements: CFR, part 121) that require an SED can exemption legends. (1) AESDirect user names and (b) AESDirect Certification process. be filed using Options 2 or 4. Option 4 passwords are to be neither written Applicants interested in AESDirect may only be used when the appropriate down nor disclosed to any unauthorized filing must complete the online licensing agency has granted the U.S. user or any persons outside of the AESDirect registration form. After principal party in interest or the registered company. Filers must change submitting the registration, an authorized agent authorization to use passwords for security purposes when AESDirect filing account is created for this option. The available AES prompted to do so. the filing company. The applicant will (2) Registered companies are electronic filing options are as follows: receive separate e-mails providing an responsible for those persons having a * * * * * AESDirect user name, temporary user name and password. If an 12. Revise § 30.62 to read as follows: administrator code, and temporary employee with access to the user name

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and password leaves the company or (ii) Air Shipments. Report the master citation from the Code of Federal otherwise is no longer an authorized air way bill number for all air Regulations (22 CFR parts 120—130) user, the company must change the shipments. The air waybill number is that exempts the shipment from the password and user name in the system the reservation number assigned by the requirements for a license or other and must do so immediately in order to carrier to hold space on the airplane for written authorization from ODTC. ensure the integrity and confidentiality cargo being exported. (21) ODTC Export License Line of Title 13 data. (iii) Rail Shipments. Report the bill of Number. The line number of the State (3) Antivirus software must be lading (BOL) number for all rail Department export license that installed and set to run automatically on shipments. The BOL number is the corresponds to the article being all computers that access AESDirect. All reservation number assigned by the exported. AESDirect registered companies will carrier to hold space on the rail car for (c) Seal Number. Optional. Report the maintain subscriptions with their cargo being exported. security seal number of the seal placed antivirus software vendor to keep (iv) Truck Shipments. Report the on the equipment. antivirus lists current. Registered Freight or Pro Bill number for all truck 14. Revise § 30.65 to read as follows: shipments. The Freight or Pro Bill companies are responsible for § 30.65 Annotating the proper exemption performing full scans of these systems number is the number assigned by the carrier to hold space on the truck for legends for shipments transmitted on a regular basis and eliminating any electronically. virus contamination. If the registered cargo being exported. The Freight or Pro Bill number correlates to a bill of lading (a) Items identified on the U.S. company’s computer system is infected Munitions List (USML), must meet the with a virus, the company should number, air waybill number or Trip number for multi-modal shipments. predeparture reporting requirements refrain from using AESDirect until it is identified in the ITAR (22 CFR Parts virus free. Failure to comply with these * * * * * (13) Filing option indicator. Report 120–130) for the State Department requirements will result in immediate requirements concerning AES loss of privilege to use AESDirect until the 1-character filing option that indicates Option 2 or 4 filing. exemption legends and time and place the registered company can establish to of filing. the satisfaction of the Census Bureau’s (14) Office of Defense Trade Controls (ODTC) Registration Number. The (b) For shipments other than USML, Foreign Trade Division Computer the U.S. principal party in interest or Security Officer that the company’s number assigned by ODTC to persons who are required to register per Part 122 the authorized agent is responsible for computer systems accessing AESDirect annotating the proper exemption legend is virus free. of the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120– on the bill of lading, air waybill, or 13. Amend § 30.63 by revising 130), that has an authorization from other commercial loading document for paragraph (a)(1), (b)(11), (b)(13), and (c), ODTC (license or exemption) to export presentation to the carrier prior to and by adding paragraphs (b)(14) the article. export. The carrier is responsible for through (b)(21) to read as follows: (15) ODTC Significant Military providing the proper exemption legend § 30.63 Information required to be reported Equipment (SME) Indicator. A term to the Customs Port Director at the port electronically through AES (data elements). used to designate articles on the United of exportation as stated in § 30.21 of this Part. The exemption legend will identify (a) * * * States Munitions List for which special export controls are warranted because of that the shipment information has been (1) U.S. Principal Party in Interest accepted as transmitted and (USPPI)/USPPI identification’(i) Name their capacity for substantial military utility or capability. See section 120.7 of electronically filed using the AES. The and address of the USPPI. For details on exemption legend must appear on the the reporting responsibilities of USPPIs, the International Traffic in Arms Regulations (ITAR) 22 CFR parts 120– bill of lading, air waybill, or other see § 30.4 and § 30.7 (d)(1), (2), (3), and commercial loading documentation and (e). 130, for a definition of SME and Section 121.1 for items designated as SME the manifest and must be clearly visible (ii) USPPI’s profile. The USPPI’s and include either of the following: Employer Identification Number (EIN) articles. (16) ODTC Eligible Party Certification (1) For shipments other than USML, or Social Security Number (SSN) and Indicator. Certification by the U.S. the exemption legend will include the the USPPI name, address, contact, and exporter that the exporter is an eligible statement, ‘‘NO SED REQUIRED—AES,’’ telephone number must be reported party to participate in defense trade. See followed by the filer’s identification with every shipment. If neither EIN or ITAR 22 CFR, § 120.1(c). This number and a unique shipment SSN is available for the USPPI, as in the certification is required only when an reference number referred to as the case of a foreign entity being shown as exemption is claimed. ‘‘XTN’’ or the returned confirmation the USPPI as defined in § 30.7(d), the (17) ODTC USML Category Code. The number provided by AES when the border crossing number, passport United States Munitions List category of transmission is accepted, referred to as number, or any other number assigned the article being exported (22 CFR part the ‘‘ITN.’’ Items on the USML must by Customs is required to be reported. 121). meet the pre-departure reporting (See § 30.7(d)(2) for a detailed (18) ODTC Unit of Measure (ULM). requirements in the ITAR (22 CFR parts description of the EIN.) This unit of measure is the ULM 102–130). (b) * * * covering the article being shipped as (2) For U.S. principal parties in (11) Transportation Reference described on the export authorization or interest who have been approved to Number. Report the Transportation declared under an ITAR exemption. participate in Filing Option 4, the Reference Number as follows: (19) ODTC Quantity. This quantity is exemption statement, ‘‘NO SED (i) Vessel Shipments. Report the for the article being shipped. The REQUIRED—AES4,’’ followed by the booking number for all sea shipments. quantity is the total number of units that U.S. principal party’s in interest The booking number is the reservation corresponds to the ODTC Unit of employer identification number number assigned by the carrier to hold Measure Code. followed by the filer’s identification space on the vessel for cargo being (20) ODTC Exemption Number. The number if other than the U.S. principal exported. exemption number is the specific party in interest files the data.

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15. Revise § 30.66 to read as follows: is a written statement of a company’s desire FEDERAL ENERGY REGULATORY to participate in AES. It must set forth a COMMISSION § 30.66 Support, documentation and commitment to develop, maintain, and record keeping requirements. adhere to Customs and Census performance 18 CFR Parts 154, 161, 250 and 284 (a) Support. [email protected] is requirements and operations standards. Once an online service that allows electronic the letter of intent is received, a U.S. Customs [Docket No. PL02–9–000] filers to seek assistance pertaining to Client Representative and U.S. Census Notice of Public Conference AES. AESDirect is supported by a help Bureau Client Representative will be desk available twelve (12) hours a day, assigned to the company. Census will September 26, 2002. seven (7) days a week. forward additional information to prepare the AGENCY: Federal Energy Regulatory (b) Documentation. Filers using the company for participation in AES. Commission. AESDirect are able to print out from the A. Letters of Intent should be on company ACTION: AESDirect a validated record of the letterhead and must include: Notice of public conference. filer’s submission. Filers using AES are * * * * * SUMMARY: On February 9, 2000, the able to print records containing date of 5. Computer Site Location Address, City, Commission issued Order No. 636, submission and a unique identification State, Postal Code (Where transmissions will amending its regulations in response to number for each AES record submitted. be initiated) growing development of more The Census Bureau will maintain an 6. Type of Business—U.S. Principal Party competitive markets for natural gas and electronic file of data sent through AES in Interest, Freight Forwarder/Broker, Carrier, the transportation of natural gas (65 FR to ensure that an individual is able to NVOCC, Port Authority, Software Vendor, 10156, February 25, 2000). The receive from the system, a validated Service Center, etc. (Indicate all that apply) Commission is holding a public record of the submission. The U.S. (i) Freight Forwarders/Brokers, indicate the conference to engage industry members principal party in interest or the number of U.S. principal parties in interest and the public in a dialogue about authorized agent of the U.S. principal for whom you file export information (SEDs) policy issues facing the natural gas party in interest or foreign principal (ii) U.S. Principal Parties in Interest, industry today and the Commission’s party in interest may request a copy of indicate whether you are applying for AES regulation of the industry of the future. the electronic record submitted as Option 2 or Option 4 DATES: Requests to participate: October provided for in § 30.91 of this part. *** 15, 2002. Conference date: October 25, (c) Recordkeeping. All parties to the 10. Filer Code—EIN, SSN or SCAC 2002. export transaction (owners and (Indicate all that apply) ADDRESSES: Office of the Secretary, operators of the exporting carriers and * * * * * Federal Energy Regulatory Commission, U.S. principal party and/or the B. The following self-certification 888 First street, NE., Washington, DC authorized agents) must retain statement, signed by an officer of the 20426. documents or records pertaining to the company, must be included in your letter of shipment for five (5) years from the date intent: ‘‘We (COMPANY NAME) certify that FOR FURTHER INFORMATION CONTACT: of export. Customs, the Census Bureau, all statements made and all information Kenneth P. Niehaus, Office of Energy and other participating agencies may provided herein are true and correct. I Projects, Federal Energy Regulatory require that these documents be understand that civil and criminal penalties, Commission, 888 First Street, NE., produced at any time within the 5-year including forfeiture and sale, may be Washington, DC, (202) 502–6398, time period for inspection or copying. imposed for making false or fraudulent [email protected]. These records may be retained in an statements herein, failing to provide the SUPPLEMENTARY INFORMATION: elected format, including electronic or requested information or for violation of U.S. 1. The Federal Energy Regulatory hard copy as provided in the applicable laws on exportation (13 U.S.C. Sec. 305; 22 Commission (FERC) will hold a agency’s regulations. Acceptance of the U.S.C. Sec. 401; 18 U.S.C. Sec. 1001; 50 conference on October 25, 2002, to documents by Customs or the Census U.S.C. App. 2410.’’ Bureau does not relieve the U.S. C. The AES Option 4 privilege allows a engage industry members and the public principal party in interest or the U.S. principal party in interest to send no in a dialogue about policy issues facing authorized agent from providing data prior to exportation and complete data the natural gas industry today and the complete and accurate information after within 10 working days after exportation. Commission’s regulation of the industry the fact. The Department of State or Participants will be reviewed by several for the future. The Commission expects other regulatory agencies may have government agencies prior to acceptance into a wide ranging discussion that will help additional record keeping requirements the Option 4 program. the Commission establish its regulatory for exports. D. Send AES or Option 4 Letter of Intent goals for an industry that anticipates 16. Amend Appendix A as follows: to : Chief, Foreign Trade Division, U.S. long term growth to reach 30-Tcf a. Add an introductory paragraph; Census Bureau, Washington, DC 20233. Or, annually. The Commission anticipates b. Revise items A.5, A.6, and A.10; the copy can be faxed to : 301–457–1159. exploring issues concerning: (1) Supply c. Remove item A.6(i) and redesignate and demand; (2) the application of the Appendix B To Part 30—Required Pre- items A.6(ii) and A.6(iii) as A.6(i) and Commission’s open access polices to Departure Data Elements For Filing A.6(ii), respectively; liquefied natural gas (LNG) import d. Revise paragraphs B and C; Option 3 facilities; (3) the Commission’s Outer e. Add paragraph D. 17. [Removed] Remove and reserve Continental Shelf (OCS) gathering The additions and revisions read as Appendix B. policy; and (4) the flexibility pipelines need to serve historical load as well as follows: Dated: October 4, 2002. new demand. In addition, the Appendix A to Part 30-Format For Charles Louis Kincannon, Commission will provide an Letter of Intent, Automated Export Director, Bureau of the Census. opportunity for market participants and System (AES) [FR Doc. 02–25667 Filed 10–8–02; 8:45 am] other interested persons to raise issues The first requirement for participation in BILLING CODE 3510–07–P and make policy recommendations for AES is a Letter of Intent. The Letter of Intent Commission consideration.

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I. Background power generation will grow 4.6 percent restrict the domestic producing 2. In 1997, the Commission held a annually, reaching from 9.65 to 10.36 community’s ability to meet the conference to revisit its approach to Tcf in 2020 depending on economic projected demand. The Commission natural gas regulation in light of growth (consumption in 2000 was 4.24 wishes to explore natural gas supply significant changes in the structure of Tcf). issues and their impact on the 5. The economy, mild weather the natural gas industry that occurred as infrastructure needed to meet forecasted patterns, and major developments in the a result of Order No. 636.1 Since that demand. financial foundation and structure of the time, the energy industry has continued energy industry may also have B. Liquefied Natural Gas to experience ongoing structural important repercussions on long term changes that impact the supply and markets, supplies, and investment in 9. In the 1970’s the Commission demand of natural gas. Some of these infrastructure. Reduction in market authorized the construction and changes include shifts in the industry capitalization of many major energy operation of several LNG import from regulated to non-regulated players, substantial layoffs, the exiting terminals to provide a needed gathering operations. Over the past five and restructuring of many companies’ supplemental source of gas supplies to years, the Commission has seen an energy trading business, bankruptcies, U.S. markets.3 In response to more increase in abandonment of these the sale of major assets by major energy recent demands for natural gas, the facilities from the regulated companies players, and the cancellation of many Commission has approved the to non-regulated affiliated and non- future gas-fired generation projects all reactivation of two of the original LNG affiliated gathering companies. Changes may potentially affect natural gas import projects and the expansion of an from regulated to non-regulated services markets and the infrastructure it existing LNG terminal.4 Additionally, raise important issues that the depends upon. there are two pending applications for Commission needs to consider in 6. Even with the nation’s current other LNG expansion projects and one assuring unrestricted access to economic slowdown, however, natural for a new LNG import facility.5 necessary supplies from the OCS. gas demand continues to grow. Overall, 3. In Order No. 637,2 issued in 2000, EIA projects that the natural gas market 10. The Commission recognizes that the Commission revised, among other will grow from the 22.83 Tcf consumed LNG imports are expected to become a things, its regulations relating to in 2000 to between 30.02 to 32.63 Tcf key supply source in the U.S. over the scheduling procedures, capacity in 2015, with projections for 2020 from next ten years. We believe it is time to segmentation, and pipeline penalties to 32.03 to 34.99 Tcf, depending on reexamine our existing policy in light of improve the competitiveness and economic growth. All the above the changes that have occurred in the efficiency of the interstate pipeline grid mentioned events may impact the gas industry since that time. While the and to enhance pipeline transportation industry’s ability to prepare for and Commission recently denied a request services. Changes in historical pipeline meet the future anticipated demand. to disclaim jurisdiction over the siting, operations brought about by Order No. construction, and operation of LNG 637 may impact investment in much II. Scope of Inquiry facilities,6 it has not reviewed its open needed pipeline infrastructure to fulfill 7. The purpose of this conference is access policy as it pertains to LNG future demand for natural gas. to discuss short and long term issues import facilities. The Commission 4. The increasing demands placed on that may impact the Commission’s wishes to explore regulatory goals that pipelines by new electric generation regulation of the natural gas industry. will remove unnecessary barriers to the load may impact the flexibility The Commission wants to explore development of LNG facilities and pipelines currently have in meeting the whether the Commission’s current supply as a major source of natural gas service demands of historical customers. regulatory approach in natural gas to meet the forecasted future demand. In its Annual Energy Outlook 2002, fosters or impedes supply production Energy Information Administration and investment in development of the 3 See Columbia LNG Corp., 47 FPC 1624, order on (EIA) forecasts that natural gas for infrastructure needed to meet the reh’g, 48 FPC 723 (1972) (approving the anticipated long term growth to 30-Tcf construction and operation of the Cove Point and 1 Pipeline Service Obligations and Revisions to annually. In addition to providing an Elba Island LNG import terminals); Trunkline LNG Co., 58 FPC 726, order on reh’g, 58 FPC 2935 (1977) Regulations Governing Self-Implementing open forum for communicating with the Transportation and Regulations of Natural Gas (approving the construction and operation of a Lake Pipelines After Partial Wellhead Decontrol, 57 FR Commissioners, the Commission wishes Charles LNG import terminal); Distrigas Corp., 58 13,267 (April 16, 1992), FERC Stats. & Regs to address the following topics. FPC 2589 (1977) (approving a settlement Preambles January 1991-June 1996 ¶ 30,939 (April authorizing operation of LNG import terminal at 8, 1992), order on reh’g, Order No. 636–A, 57 FR A. Supply Forecast Everett, Massachusetts). 4 36,128 (August 12, 1992), FERC Stats. & Regs. 8. EIA projects that natural gas See Southern LNG Inc., 89 FERC ¶ 61,314 Preambles, January 1991-June 1996 ¶ 30,950 (1999), order on reh’g, 90 FERC ¶ 61,257 (2000); (August 3, 1992), order on reh’g, Order No. 636–B, consumption could reach 34.99 Tcf Cove Point LNG Limited Partnership, 97 FERC 57 FR 57,911 (December 8, 1992), 61 FERC ¶ 61,272 annually in 2020. Decreasing gas prices ¶ 61,043, order on reh’g, 97 FERC ¶ 61,276 (2001); (1992), notice of denial of rehearing (January 8, have resulted in a reduction in capital order denying clarification and reh’g, 98 FERC 1993), 62 FERC ¶ 61,007 (1993), aff’d in part and expenditures for development in natural ¶ 61,270 (2002); Distrigas of Massachusetts, 94 vacated and remanded in part, UDC v. FERC, 88 FERC ¶ 61,008 (2001). F.3d 1105 (D.C. Cir. 1996), order on remand, Order gas production. Evidence indicates that 5 CMS Trunkline LNG Co. (CMS) application filed No. 636–C, 78 FERC § 61,186 (1997), order on reh’g, production in traditional supply in Docket No. CP02–60–000. In Docket No. CP02– Order No. 636–D, 83 FERC ¶ 61,210 (1998). regions, including onshore gas 60–000, the Commission preliminary approved 2 See Regulation of Short-Term Natural Gas production in the Permian Basin and CMS’s application to expand its Calcasieu Parish, Transportation Services and Regulation of Interstate Louisiana terminal (100 FERC ¶ 61,217), and in Natural Gas Transportation Services, FERC Stats. & offshore in the shallow shelf of the Gulf Docket No. CP02–379–000 Southern LNG’s request Regs. Regulations Preambles (July 1996-December of Mexico, is in decline. At the same authorization for further expansion of its Elba 2000) ¶ 31,091 (Feb. 9, 2000); order on rehearing, time, Canadian imports have been Island facility. On May 30, 2002, Hackberry LNG Order No. 637–A FERC Stats. & Regs. Regulations falling while domestic exports to Terminal, L.L.C. filed an application in Docket No. Preambles (July 1996-December 2000) ¶ 31,099 CP02–374–000, et al., to construct and operate a (May 19, 2000), aff’d in part and rev’d and Mexico have been increasing. new LNG import facility. remanded in part, INGAA v. FERC, 285 F.3d 18 Additionally, concerns have been raised 6 See Dynegy LNG Production Terminal, L.P., 97 (D.C. Cir. 2002). relating to potential barriers that may FERC ¶ 61,231 (2001).

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C. Offshore Gathering Policy consumption demands, traditional http://www.capitolconnection.gmu.edu 11. In ExxonMobil Gas Marketing pipeline customers have expressed the and click on ‘‘FERC.’’ Company v. FERC,7 the court affirmed concern that the ramping-up of one or Linwood A. Watson, Jr., more power plants could lead to the Commission’s gathering policy as it Deputy Secretary. pressure drops which, in turn, could pertained to facilities located in the [FR Doc. 02–25120 Filed 10–8–02; 8:45 am] OCS. In Order No. 639,8 the result in a reduction in both the Commission determined that under the pressure and rate of gas flowing through BILLING CODE 6717–01–M Commission’s authority under the Outer the meter station and distribution Continental Lands Act (OCSLA), facilities. The Commission believes it is gatherers in the OCS must report imperative that the future pipeline DEPARTMENT OF THE TREASURY information regarding service provided infrastructure meets the flexibility and through their gathering facilities. The service needs of all of their customers. Customs Service Commission believes that such We wish to explore issues related to 19 CFR Parts 24 and 101 information is necessary to assure that serving new demand to meet current the gatherers providing service in the and future needs. OCS do so on an open and RIN 1515–AC77 nondiscriminatory basis. Subsequently, E. Open Forum Reimbursable Customs Services: however, the court determined that the Increase in Hourly Percentage Rate of OCSLA did not give the Commission 13. In addition to addressing the Charge authorization to promulgate such a above mentioned issues, the requirement.9 The Commission wishes Commission also seeks to encourage AGENCY: Customs Service, Treasury. industry representatives and interested to explore future regulatory policies and ACTION: Notice of proposed rulemaking. goals that would promote the further individuals to raise other issues for the development of offshore supply sources Commission to consider in shaping its SUMMARY: This document proposes to in the OCS. future regulatory policies concerning amend the Customs Regulations to D. Flexibility in Pipeline Operations the natural gas industry. The increase the hourly percentage rate of Commission envisions that the charge for reimbursable Customs 12. Natural gas is now the fuel of conference will consist of panels and an services. In a previous document choice for new power generation due to open forum that will give all interested published in the Federal Register on the efficiency of technology, low initial individuals an opportunity to raise February 1, 2001, Customs had investment costs, relative ease of siting issues. proposed increasing the rate of charge to new plants, and lower pollutant 158 percent of the hourly rate of regular emissions. Electric generation load is III. Participation pay of the employee performing the more variable through a given day than service because the present rate of 10 14. The conference will be held on a traditional pipeline customer load. charge of 137 percent does not October 25, 2002 at FERC, 888 First Therefore, electric generation customers reimburse Customs for the actual costs Street, NE., in Washington, DC in the require transportation services and of providing such services. Based on the facilities that accommodate hourly Commission Meeting Room. The public comments received to the previous rather than daily swings in gas is invited to attend. Anyone interested Notice and following a complete review consumption and wider fluctuations in in participating should contact Ken 11 of the costs of providing reimbursable consumption volumes. Because of the Niehaus at 202–502–6398 or at Customs services, Customs is now large amounts of gas used as gas-fired [email protected] by October proposing a new methodology for generation plants, and their potential to 15, 2002. Requests for participate determining the rate of charge for cause rapid and unanticipated hourly should include information concerning reimbursable Customs services and to the issue or issues the participant would 7 revise the rate of charge to 154 percent 297 F.3d 1071 (2002). like to raise. We will issue further 8 Regulations under the Outer Continental Shelf of the hourly rate of regular pay of the Lands Act Governing the Movement of Natural Gas details on the conference including the employee performing the service. The on Facilities on the Outer Continental Shelf, 65 FR agenda and a list of participants, as proposed increase in the hourly 20,354 (Apr. 17, 2000), FERC Stats. & Regs. ¶ 31,514 plans evolve. percentage rate of charge is based on the (2002), order on reh’g and clarification, Order No. 639–A, 65 FR 47,294 (Aug. 2, 2000), FERC Stats. & 15. The conference will be actual expenses incurred by Customs in Regs. ¶ 31,103 (2000). transcribed. Those interested in fiscal year 2000 associated with 9 See Chevron U.S.A., Inc. v. FERC, No. 02–5056 acquiring the transcript should contact providing reimbursable Customs (D.C. Cir.). services during regular hours of duty 10 Ace Reporters at 202–347–3700 or 800– Impact of Power Generation Gas Demand on and includes an increased percentage Natural Gas Local Distribution Companies, 336–6646. Transcripts will be placed in rate of charge for administrative American Gas Association, prepared by: Energy and the public record ten days after the Environmental Analysis, Inc. There are baseload overhead costs associated with generators, intermediate load generators, and Commission receives the transcripts. providing such reimbursable services. peaking plants. Used together, these plants Additionally, Capitol Connection offers This document proposes that the new maintain electric power levels throughout the the opportunity for remote listening and electric transmission grid sufficient to meet hourly percentage rate of charge will be customer demand. Generally, baseload units (these viewing of the conference. It is available reviewed biennially using the actual are high fixed-cost units using less expensive fuel for a fee, live or over the Internet, via costs and expenses associated with and with the lowest operating costs) meet the based C-Band Satellite. Persons interested in demands. Intermediate load generators (i.e., most providing requested reimbursable combined cycle facilities) are run regularly, by not receiving the broadcast, or who need Customs services from the preceding on a full time basis. Peaking units are generally last information on making arrangements fiscal year. dispatched and operated only on the days and should contact David Reininger or Julia Further, this document proposes to hours of highest electricity demand. These units generally have low fixed costs, but high operating Morelli at Capitol Connection (703– increase the percentage rate of charge and fuel costs. 993–3100) as soon as possible or visit for administrative overhead costs 11 Id. the Capitol Connection website at associated with providing overtime

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services. It also updates the list of workday during a basic 40-hour Martin Luther King, Jr. Second, the national holidays in 19 CFR 101.6. workweek, pursuant to § 24.17(d), is formula provided that the working hour DATES: Comments must be received on computed at a rate that is equal to 137 equivalent of the Government’s or before December 9, 2002. percent of the hourly rate of regular pay contributions for an employee’s benefits 1 ADDRESSES: Written comments may be of the particular employee (plus was computed at 11 ⁄2 percent of the addressed to, and inspected at, U.S. additional charges for any night pay annual rate of pay of an employee, but Customs Service, Office of Regulations differential). This charge is based on a that should have risen to 28.55 percent and Rulings—Regulations Branch, 1300 five-factor formula that computes an since it was last computed. Accordingly, Pennsylvania Avenue, NW., hourly percentage rate of charge that is the OIG recommended that the rate of Washington, DC 20229. Written intended to recover the estimated costs charge for reimbursable Customs comments may be inspected at U.S. of various employee benefits such as services performed during regular hours Customs Service, 799 9th Street, NW., leave, holidays, retirement, and life and of duty should be increased from 137 Washington, DC. during regular health insurance and is only used to percent to 158 percent of the hourly rate business hours. Arrangements to inspect determine the costs of providing of regular pay of the employee submitted comments should be made in reimbursable Customs services during a performing the service. The initial advance by calling Mr. Joseph Clark at basic 40-hour workweek. Notice only discussed the increase in In addition to the base 137 percent (202) 572–8768. the hourly rate of charge percentage for rate of charge for reimbursable Customs FOR FURTHER INFORMATION CONTACT: reimbursable Customs services within services performed during a basic 40- the context of § 24.17; there was no Dennis Lomax, Revenue Branch, hour workweek, § 24.21 provides that 15 National Finance Center, Indianapolis, discussion regarding the additional percent of the compensation and/or percentage rate of charge for IN 46278; telephone (317) 298–1200, expenses of the Customs employee ext. 1404. administrative overhead costs provided performing the reimbursable service is for at § 24.21(a). SUPPLEMENTARY INFORMATION: chargeable to parties-in-interest for Comments were solicited on this Background administrative overhead costs. This 15 proposed rulemaking from interested percent rate of charge for administrative parties with a response date of April 2, Under certain circumstances, Customs overhead costs has been in effect for provides inspectional and supervisory 2001. Five comments were timely nearly 20 years. received: three were from trade services to parties-in-interest who In addition to the base 137 percent request such Customs services during associations and two were from express rate of charge set forth in § 24.17(d) and consignment operators. All of the regular hours of duty or on an overtime the 15 percent rate of charge set forth in basis. When these Customs services are comments expressed general concern § 24.21, § 24.17(f) further provides that about the added increase in costs if the provided, however, the party-in-interest parties-in-interest are also required to is required to reimburse the Government proposed increase in the hourly reimburse Customs for its share of percentage rate of charge is adopted. for the Customs employee’s Medicare costs for the employee. compensation and other chargeable Based on these comments, a review of Section 24.17(f) currently provides that the estimated costs of providing expenses. Customs authority to charge 1.35 percent of the reimbursable these expenses is contained at 31 U.S.C. reimbursable Customs services during a compensation expenses incurred will be basic 40-hour workweek was 9701, which provides, in part, that each the payment for Medicare costs. government service provided to undertaken. However, the regulations are incorrect The comments and the results of identifiable persons is to be as self- because, pursuant to 26 U.S.C. 3111(b), Customs review of the computational sustaining as possible and that the fees Medicare compensation costs are to be formula and the additional charges for and charges established by the agency recovered at a rate of charge that is administrative overhead and Medicare are to be based on the costs to the equal to 1.45 percent of the costs associated with providing Government in providing the service. reimbursable compensation expenses The amount of compensation and reimbursable Customs services during a incurred. basic 40-hour workweek are addressed expenses chargeable to parties-in- On February 1, 2001, Customs below. interest for reimbursable Customs published a Notice of Proposed services performed during regular hours Rulemaking (Notice) in the Federal Discussion of Comments of duty is presently based on a Register (66 FR 8554) that proposed to computational formula that yields an increase the hourly percentage rate of Annual & Sick Leave hourly percentage rate of charge that is charge for reimbursable Customs Comment: Three of the commenters provided for in the introductory text of services. The proposed increase was objected to some of the number values § 24.17(d) of the Customs Regulations based on a recommendation by attached to factors in the computational (19 CFR 24.17(d)), plus a reimbursable Treasury’s Office of Inspector General formula used to determine the rate of charge for Medicare compensation that (OIG) following an audit of Customs charge for reimbursable Customs is provided for at § 24.17(f), and a charges to the courier hubs for services. Two of these commenters reimbursable charge for administrative reimbursable Customs services that objected to the OIG using the maximum overhead costs that is provided for at found that the current 137 percent rate time frame for annual leave (26 days, § 24.21. The rate of charge for of charge computed was inadequate to which is the 208 hour figure in the reimbursable Customs services cover Customs actual costs. The OIG present formula), which is based on the performed on an overtime or outside the noted that the formula used to most senior Customs officers, and for basic 40-hour workweek basis is determine the computational charge of sick leave (13 days, which is the 104 provided for at other sections in part 24 137 percent set forth in § 24.17(d) hour figure in the formula) as factors in of the Customs Regulations (see 19 CFR contained two outdated cost factors. the computational formula used to 24.16 and 24.17(d)(1)). First, the formula took account of 9 legal determine the rate of charge. These The charge currently provided for the public holidays, but the number of commenters felt that the number values reimbursable services of a Customs public holidays is now 10 with the attached to these factors had the effect employee performed on a regular addition in 1983 of the Birthday of of overstating costs because not all

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Customs services provided are expenses of providing requested Further, any increase in the hourly performed by Customs employees reimbursable Customs services. rate of charge percentage must represent eligible for maximum leave time, which Accordingly, Customs is proposing, in reimbursement to the Government for requires 15 years of Government service, this document, a new hourly percentage actual expenses. Accordingly, Customs and that there was a strong probability rate of charge for reimbursable Customs cannot adopt an artificial number, i.e., that most Customs officers do not use all services that is based on actual 50 percent of the number of annual and of their eligible sick leave in a year. expenses. sick leave hours used to calculate the These commenters argue that because Customs now addresses the comment reimbursable fee, that bears no the number of annual leave and sick regarding express carriers being relationship to those expenses. days used in the reimbursable responsible for reimbursement of It is also noted that the impact of the computational formula are Customs fees at double the normal proposed increase in the hourly rate of inappropriate, the calculations are too hourly rate of charge and that if the charge percentage contained in this high and the number values for these numbers utilized for annual and sick document (discussed below) is less than factors must be reduced to fairly reflect leave were reduced by 50 percent of 1 percent of what is currently billed. Custom’s costs. those being proposed the computational Regarding the comment proposing a A third commenter stated that if the formula would more accurately reflect system funded on a transaction-based numbers utilized for annual and sick the actual figures for work and non- fee, i.e., a fixed fee per informal leave were 50 percent of those being work time, providing a more accurate shipment, Customs points out it is proposed, the computational formula invoice for reimbursable charges. bound by current law which is premised would more accurately reflect the actual Customs does not agree with this on a reimbursable payment scheme. In figures for work and non-work time, and comment. First, Customs does not order to adopt a transaction fee thus provide a more accurate invoice for charge for non-work time (see approach, Congressional action is reimbursable charges. Noting that discussion below under Lunch Hours). required. Customs does not have express carriers are responsible for Second, ‘‘the reimbursement of Customs authority, on its own, to adopt a reimbursement of Customs fees at fees at double the normal rate’’ issue is transaction fee system. double the normal rate of charge, it was Customs agrees that the current misleading because the fees billed are stated that when benefits and system is not transparent and simple. statutory. See 19 U.S.C. 58c(b)(9)(A), administrative fees are added and then While there is a computational formula which provides for the aggregation of doubled the actual cost to an express set forth in the introductory paragraph merchandise processing fees in an operator for each $1.00 of salary cost is of § 24.17(d) for determining amount equal to reimbursable services. $3.04 under the current provisions and reimbursable charges for Customs When merchandise is informally would be increased to $3.46 under the services, the actual billing practice to entered or released at a centralized hub proposed rule. This commenter states collect the fees for Customs services facility, an express consignment carrier that this 13.8 percent increase is provided entails billing for costs and facility, or a small airport or other significant and creates a real economic expenses that are not included in the facility, the Merchandise Processing burden; however, if the numbers formula, but are found in various Fees (MPF) are billed in an amount utilized for annual and sick leave were sections of the Customs Regulations: equal to the reimbursable fee amount. reduced by 50 percent the impact on §§ 24.16, 24.17 (other than the Thus, each Customs assignment at these express operators would be reduced introductory paragraph of paragraph locations generates two billings, each for from a 13.8 percent increase to only 5.3 (d)), and 24.21. To remedy this identical amounts. One of the billings is percent, a far more realistic and situation, Customs is proposing in this to reimburse Customs for providing acceptable increase. document a new formula basis that Customs services (see 31 U.S.C. 9701 These commenters urged Customs not would consolidate various regulatory and 19 CFR 24.17, which provides for to adopt the proposed rule; to provisions for clarity and be more the reimbursable charge fee); the second completely review the Notice regarding accurate in providing reimbursement to billing is for MPFs (see 19 U.S.C. the issues raised; and expressed a strong Customs for the actual costs and 58c(b)(9)(A)(ii) and 19 CFR preference for eliminating entirely the expenses associated with providing 24.23(b)(2)(ii), which provide for the current system under which requested Customs services. reimbursable charges are assessed, MPF when processing merchandise that preferring a system that is transparent is informally entered or released.) The Lunch Hours and simple. Specifically, these generation of a second billing for MPFs Comment: Two commenters objected commenters advocated a system funded that is equal to the amount of the billing that the OIG Report provided that on a transaction-based fee, i.e., a fixed for Customs services is in lieu of the per couriers could be invoiced for fee per informal shipment. entry or release fee of $2.00, $6.00, or employee’s time spent at lunch. These Customs response: Customs agrees $9.00, provided for at 19 U.S.C. commenters stated that no such that the present computational formula 58c(a)(10) and 19 CFR 24.23(b)(2)(i). allowance should be allowed and that factors—and resulting hourly percentage This method of billing for the MPF reimbursable charges should be assessed rate of charge—do not represent the releases the inspectors at the express only for actual time worked. actual costs to Customs of providing consignment facilities from the Customs response: Regarding billings requested inspectional and supervisory responsibility of having to prepare for the actual hours worked by Customs services and that a better system, one collection documents for each informal personnel, the OIG Report stated that that is more transparent and simple for entry which would dramatically slow Customs only billed 7 hours a day when reimbursing the Government, should be the process of clearing merchandise and inspectors worked a full 8 hours. This adopted. To that end, Customs put the express consignment operators means that Customs did not bill couriers reexamined how reimbursable service in jeopardy of not meeting their delivery for employee’s time spent at lunch. charges were calculated and conducted deadlines. Accordingly, the billing for a cost analysis. As a result of the cost the MPF at a cost equal to the billing for Benefits Ratio analysis, Customs found that it slightly Customs services is beneficial to express Comment: Two commenters stated undercharges for the actual costs and consignment operators. that the OIG Report provided no

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substantiation for the ratio of benefit increase in the hourly rate of charge should be accomplished as soon as costs to employee’s salary. One of these percentage bore a direct relationship to possible. Third, the purpose for the commenters alleged that because the actual expenses, as audited by the OIG, change in the rate of charge for initial Federal Register Notice did not the proposal was neither unreasonable reimbursable Customs services is to explain the OIG’s audit report’s nor arbitrary. However, as indicated provide full reimbursement to Customs conclusion—that the benefit ratio is later in this document, Customs is now for these services. For these reasons, 28.55 percent instead of 11.5 percent— proposing a different rate of charge allowing for a delayed effective date of that it violates the Administrative based on actual expenses during the six months would contradict the Procedure Act and Customs should fiscal year of 2000. purpose of the reimbursable charges withdraw the Notice. statute (31 U.S.C. 9701). Accordingly, in Application of Charges Customs response: Customs disagrees the final rule document Customs that the initial Notice violated the Comment: Three of the commenters expects to provide for the normal 30 Administrative Procedure Act (APA). In argued that the reimbursable charges days delayed effective date provided for promulgating a rulemaking document imposed by Customs on the air express by the APA. for publication in the Federal Register industry are not similarly imposed on one of the requirements is that the the U.S. Postal Service (USPS), which Further Consideration by Customs Notice of Proposed Rulemaking shall gives USPS an unfair competitive Based upon the comments received to include either the terms or substance of advantage. These commenters the initial Notice published on February the proposed rule or a description of the recommended that Customs rectify this 1, 2001, and upon further consideration subjects and issues involved. See 5 imbalance before attempting to increase of the factors employed in the U.S.C. 553(b)(3). Customs believes the the rate of charge for reimbursable computational formula to represent initial Notice clearly stated that the Customs services. reimbursement to Customs for the costs proposal was to increase the rate of Customs response: It is acknowledged and expenses associated with providing charge for reimbursable Customs that the billing schemes applicable to requested Customs services, Customs services in accordance with the OIG the USPS and the air express industry has decided to no longer use the five- Report and that this met the APA are statutorily different: one being factor computational formula that is standard of a description of the subjects grounded in the Consolidated Omnibus presently used to determine the hourly and issues involved. Nonetheless, Budget Reconciliation Act of 1985, the percentage rate of charge for Customs believes that this comment is other being grounded in the Omnibus reimbursable Customs services. The moot as Customs is proceeding in this Budget Reconciliation Act of 1987. But computational formula currently document with another proposal. since the initial Notice concerned an provided at § 24.17(d) contains outdated increase in the rate of charge for cost factors and other factors that do not Revenue Raising reimbursable Customs services and not capture the actual costs to Customs of Comment: One commenter stated that the application of this rate of charge, providing inspectional and supervisory the OIG Report suggests that the this comment falls outside the scope of services. Customs now believes that a underlying purpose of the proposed 15 this rulemaking and will not be straight comparison of actual costs percent increase in the computational addressed in this document. based on data every other year— beginning with fiscal year 2000—yields charge is not to reimburse Customs for Impact of Increase and Need for an hourly percentage rate of charge that costs of services, but rather, to raise Delayed Effective Date for Final Rule revenue, which is an unlawful purpose. provides Customs with a firm basis for Customs response: Customs disagrees Comment: One commenter urged determining the fees it needs to charge with this interpretation of the OIG’s Customs to delay the effective date of for reimbursable Customs services. Report statement. The OIG Report any new reimbursable rate six months Further, Customs believes that statement in question was presented as from the date of publication. The consolidating the various regulatory a net result, that is, that if Customs commenter stated that delaying the provisions that comprise all the costs increased its hourly rate of charge effective date would provide a and expense factors used to charge percentage from 137 percent to 158 reasonable amount of time for parties-in-interest for requested Customs percent, this would result in a revenue businesses whose budgets are already services will provide the trade enhancement to Customs in that it established based on the existing rate of community with the clarity it needs to would enable Customs to collect all the charge for reimbursable Customs understand how Customs arrives at the revenue due for providing reimbursable services to adjust to the proposed percentage rate charged. Customs services. increased rate of charge. Customs response: Customs cannot New Proposed Rate of Charge Computation of Charges agree to this accommodation for several This document sets forth a new Comment: One commenter stated that reasons. First, the proposed increase in proposed methodology for determining the proposed increase in the rate of the rate of charge is minimal. The the rate of charge for reimbursable charge was unreasonable and arbitrary, present total charge for reimbursable Customs services performed on a regular and would have a significant financial Customs services is 153.45 percent and workday during a basic 40-hour impact on all airports, not just user-fee the proposed increase, as discussed workweek, and, based on that airports. This commenter proposed that below, will only raise the total charge to methodology, proposes that the rate of a more reasonable increase of 149 154 percent. Customs does not believe charge be increased to a single rate of percent, one that is in line with similar that such a small increase would cause 154 percent of the hourly rate of regular services provided airports, be adopted. serious disruption to interested parties’ pay of the employee performing the Customs response: Customs has budgets. Second, in consolidating the service. This new proposed hourly already discussed how the proposed various regulatory provisions that percentage rate of charge employs an increase in the hourly rate of charge comprise the total charge for updated computational formula that is percentage merely represents reimbursable Customs services, Customs based on the ratio of actual benefits to reimbursement to the Government based is making its regulations as transparent salary for personnel in the Office of on actual expenses. Since the proposed and simple as possible—a goal that Field Operations who performed

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reimbursable services during regular Administrative Overhead Charges for the services of a Customs employee on hours of duty (not costs for overtime or Regular Workweek Reimbursable a regular workweek during a basic 40- services delivered outside the basic Services hour workweek will be computed at 154 workweek) in fiscal year 2000. The new Section 24.21(a) provides, in part, that percent of the hourly rate of regular proposal consolidates in one section of an additional charge for administrative compensation for the particular the regulations (§ 24.17(d)) the other fee overhead costs must be collected from Customs employee performing the and expense provisions associated with parties-in-interest who are required to services. providing reimbursable Customs reimburse Customs for compensation Because the administrative overhead services during regular hours of duty. and/or expenses of Customs officers cost is directly factored into the For the Office of Field Operations for performing reimbursable and overtime proposed percentage rate of charge for fiscal year 2000, the ratio of benefits to services for the benefit of such parties work during a regular workweek, salary was determined as follows: under either § 24.16 or § 24.17. This Customs is proposing to amend charge is currently represented by the § 24.21(a) to remove the references to Millions flat rate of charge of 15 percent. The flat reimbursable services and § 24.17. rate of charge was adopted in 1984 Salaries: because at that time Customs did not Administrative Overhead Charges for Full-time ...... $479.1 have a formal accounting system for Overtime Reimbursable Services Part-time ...... 6.5 determining the indirect costs of Customs also examined the administrative overhead and chose to relationship between administrative Total Salaries ...... 485.6 adopt the Treasury Department’s Benefits: recommendation that 15 percent of the overhead expenses for overtime services Life and Health Insurance ...... 31.6 identified costs of providing such and the compensation and/or expenses Retirement Contributions ...... 55.5 services be used. See T.D. 84–231. of the Customs officers performing FICA ...... 18.1 To determine whether the 15 percent overtime services. Customs took the Medicare ...... 3.6 administrative overhead charge truly actual indirect costs of administrative Uniforms ...... 3.8 represented reimbursement to the overhead expenses associated with Cost of Living ...... 2.9 government, Customs took the actual providing Customs services on an All Others ...... 3.6 indirect costs of administrative overtime basis for the Office of Field Operations for fiscal year 2000 and Total Benefits ...... 119.1 overhead expenses during regular hours of duty (not costs for overtime or found the following relationship: Benefits Rate of Charge = 24 percent services delivered outside the basic (119.1 M/485.6 M). workweek) for the Office of Field Millions Operations for fiscal year 2000 and Thus, the benefits rate of charge is Overtime Salaries ...... $132.1 found the following relationship: calculated to be 24 percent. In Administrative Support ...... 39.5 determining this benefits ratio, % Millions Administrative Overhead Rate of Charge = Medicare costs are included. Medicare 30 percent (39.5 M/132.1 M). costs are not considered within the 137 Salaries: percent rate of charge currently set forth Full-time ...... $479.1 This 30 percent rate more accurately in the regulations at § 24.17(d); they are Part-time ...... 6.5 reflects the Government’s cost in added on to the 137 percent pursuant to providing administrative overhead § 24.17(f). Total Salary ...... $485.6 Administrative Support ...... $145.1 services to parties-in-interest. Because the Medicare compensation Accordingly, it is proposed to amend Administrative Overhead Rate of Charge = § 24.21(a) to reflect that the rate of cost is directly factored into the 30 percent (145.1 M/485.6 M). proposed percentage rate of charge, it is charge for administrative overhead for proposed to revise paragraph (f) of Thus, the charge for administrative Customs officers performing overtime § 24.17 to limit its application to overhead is determined to be 30 percent services will be 30 percent of the provisions other than the provision of the compensation and/or expenses of compensation and/or expenses of the providing for reimbursable Customs the Customs officers performing the Customs officers performing the service. services during a regular workweek. services. Combining the direct benefit A conforming change is proposed to Also, the reference to 1.35 percent is and the indirect administrative § 24.17(e). removed, as the rate was changed to overhead rates of charge gives a single With the proposed amendments to 1.45 percent in 1986 by the Federal rate of charge percentage that is part 24 of the Customs Regulations, Insurance Contributions Act (FICA), calculated as follows: Customs believes that the calculation of which establishes this compensation the percentage charges for Customs charge. Millions services provided on either a Currently, in addition to the charge of Benefits Costs ...... $119.1 reimbursable or overtime basis is more 137 percent and the Medicare charge, Administrative Overhead ...... 145.1 transparent and simple to compute. Customs charges for administrative The proposed new percentage rates of overhead for services performed during Total Benefit and Admin- istrative Overhead charge set forth in this document more the regular workweek. Administrative Costs ...... 264.2 accurately reflects the Government’s overhead is provided for at § 24.21 of actual costs in providing these services the Customs Regulations. In this Combined Rates of Charge = 54 percent to parties-in-interest and will be document, Customs is proposing to (264.2 M/485.6 M). reviewed biennially using the actual consolidate the administrative overhead Taking these tabulations into costs and expenses associated with charge for work during a regular consideration, Customs in this providing requested reimbursable workweek into the hourly percentage document is proposing to amend Customs services from the preceding rate of charge. § 24.17(d) to reflect that the charges for fiscal year.

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Other Amendments personnel from other offices fiscal year 2000 and includes charges for In § 101.6, it is proposed to amend participated in its development. administrative overhead and Medicare. paragraph (a) by updating the list of List of Subjects * * * * * national holidays on which Customs (e) The reimbursable charge for offices are closed by adding the third 19 CFR Part 24 Customs services performed on an Monday in January, and the heading of Accounting, Customs duties and overtime basis shall be computed in paragraph (b) by correcting a inspection, Fees, Financial and accordance with §§ 24.16 and 24.21(a). typographical error. accounting procedures, Reimbursable (f) Medicare compensation costs. In addition to other expenses and Comments charges, Reporting and recordkeeping requirements, Wages. compensation chargeable to parties-in- Before adopting these proposed interest set forth in this section, unless regulations as a final rule, consideration 19 CFR Part 101 otherwise expressly provided for, such will be given to any written comments Customs duties and inspection, persons shall also be required to timely submitted to Customs, including Organization and functions reimburse Customs for its share of comments on the clarity of this (Government agencies), Reimbursable applicable Medicare costs. proposed rule and how it may be made charges, Reporting and recordkeeping 3. In § 24.21, the heading and easier to understand. Comments requirements, Wages. paragraph (a) are revised to read as submitted will be available for public follows: inspection in accordance with the Proposed Amendments to the Freedom of Information Act (5 U.S.C. Regulations § 24.21 Administrative overhead charges. 552), § 1.5 of the Treasury Department For the reasons set forth above, it is (a) Overtime services. The charge for Regulations (31 CFR 1.5), and proposed to amend parts 24 and 101 of the administrative overhead costs § 103.11(b) of the Customs Regulations the Customs Regulations (19 CFR parts associated with providing Customs (19 CFR 103.11(b)), on regular business 24 and 101), as set forth below: services on an overtime basis for parties- days between the hours of 9:00 a.m. and in-interest under the provisions of 4:30 p.m. at the Regulations Branch, PART 24—Customs Financial and § 24.16 of this part shall be computed at Office of Regulations and Rulings, U.S. Accounting Procedure a rate that is equal to 30 percent of the Customs Service, 799 9th Street, NW., hourly rate of compensation for the Washington, DC. Arrangements to 1. The general authority citation for particular Customs employee inspect submitted comments should be part 24 continues to read, and the performing the service. specific authority for § 24.17 is revised made in advance by calling Mr. Joseph * * * * * Clark at (202) 572–8768. to read, as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c, PART 101—GENERAL PROVISIONS The Regulatory Flexibility Act and 66, 1202 (General Note 23, Harmonized Tariff Executive Order 12866 Schedule of the United States), 1505, 1624; 1. The general authority citation for The proposed amendments are 26 U.S.C. 4461; 4462; 31 U.S.C. 9701. part 101 is revised to read as follows: intended to conform the Customs * * * * * Authority: 5 U.S.C. 301, 6103; 19 U.S.C. 2, regulations with statutory laws, which 66, 1202 (General Note 23, Harmonized Tariff Section 24.17 also issued under 5 U.S.C. Schedule of the United States), 1623, 1624, provide for ten legal public holidays 6103; 19 U.S.C. 267, 1450, 1451, 1452, 1456, 1646a. and allow Customs to assess 1524, 1557, 1562; 46 U.S.C. 2110, 2111, 2112; reimbursable charges to those parties-in- * * * * * * * * * * interest who require Customs services 2. In § 101.6: on either a reimbursable or overtime 2. In § 24.17: a. Paragraph (a) is revised; and basis. Further, in the case of a. The introductory text of paragraph b. Paragraph (b) is amended by reimbursable charges for Customs (d) is revised and the table following the removing the word ‘‘hgurs’’ in the services performed during regular hours introductory text is removed; heading and adding, in its place, the of duty, because the proposed increases b. Paragraph (e) is revised; and word ‘‘hours’’. in the percentage rates of charge yield c. Paragraph (f) is revised. The revision reads as follows: a combined increase that is so small (an The revisions to paragraphs (d), (e), increase of only .55 percent), pursuant and (f) read as follows: § 101.6 Hours of business. to provisions of the Regulatory * * * * * Flexibility Act (5 U.S.C. 601 et seq.), it § 24.17 Reimbursable services of Customs (a) Saturdays, Sundays, and national employees. is certified that, if adopted, the holidays.—(1) National holidays. In proposed amendments will not have a * * * * * addition to Saturdays, Sundays, and any significant economic impact on a (d) Computation charge for other calendar day designated as a substantial number of small entities. reimbursable services. The charge for holiday by Federal statute or Executive Accordingly, the proposed amendments the services of a Customs employee on Order, Customs offices will be closed on are not subject to the regulatory analysis a regular workday during a basic 40- the following national holidays: or other requirements of 5 U.S.C. 603 hour workweek is computed at a rate (i) January 1; and 604. Further, these proposed that is equal to 154 percent of the hourly (ii) The third Monday in January; amendments do not meet the criteria for rate of regular compensation for the (iii) The third Monday in February; a ‘‘significant regulatory action’’ as particular Customs employee (iv) The last Monday in May; specified in E.O. 12866. performing the services with an (v) July 4; additional charge equal to any night pay (vi) The first Monday in September; Drafting Information differential actually payable under 5 (vii) The second Monday in October; The principal author of this document U.S.C. 5545. The 154 percent hourly (viii )November 11; was Gregory R. Vilders, Attorney, rate of charge is based on the (ix) The fourth Thursday in Regulations Branch, Office of reimbursable service expenses incurred November; and Regulations and Rulings. However, by the Office of Field Operations during (x) December 25.

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(2) Observance of national holidays. If those parts of the rule that are not the DATES: We will accept comments until a national holiday falls on a Saturday, subject of an adverse comment. December 9, 2002. Public hearing then the Friday preceding that Saturday DATES: Comments on this proposed requests must be received by November will be observed as the national holiday action must be received in writing by 25, 2002. for work purposes. If a national holiday November 8, 2002. ADDRESSES: If you wish to comment, falls on a Sunday, then the Monday ADDRESSES: Comments may be mailed to you may submit your comments and following that Sunday will be observed Lynn Slugantz, Environmental materials concerning this proposal by as the national holiday for work Protection Agency, Air Planning and any one of several methods: purposes. Development Branch, 901 North 5th (1) You may submit written comments * * * * * Street, Kansas City, Kansas 66101. and information to the Field Supervisor, Ventura Fish and Wildlife Office, U.S. Approved: October 2, 2002. FOR FURTHER INFORMATION CONTACT: Fish and Wildlife Service, 2493 Portola Robert C. Bonner, Lynn Slugantz at (913) 551–7883. Road, Suite B, Ventura, CA 93003. Commissioner of Customs. SUPPLEMENTARY INFORMATION: See the (2) You may also send comments by Timothy E. Skud, information provided in the direct final electronic mail (e-mail) to Deputy Assistant Secretary of the Treasury. rule which is located in the rules [email protected]. See the [FR Doc. 02–25655 Filed 10–8–02; 8:45 am] section of the Federal Register. Public Comments Solicited section BILLING CODE 4820–02–P Dated: June 3, 2002. below for file format and other William W. Rice, information about electronic filing. Acting Regional Administrator, Region 7. (3) You may hand-deliver comments ENVIRONMENTAL PROTECTION [FR Doc. 02–25591 Filed 10–8–02; 8:45 am] to our Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 AGENCY BILLING CODE 6560–50–P Portola Road, Suite B, Ventura, CA 40 CFR Part 52 93003. Comments and materials received will [IA 154–1154; FRL–7392–7] DEPARTMENT OF THE INTERIOR be available for public inspection, by Fish and Wildlife Service appointment, during normal business Approval and Promulgation of hours at the above address. Implementation Plans; State of Iowa 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Rick AGENCY: Environmental Protection Farris, Ventura Fish and Wildlife Office, Agency (EPA). RIN 1018–AI21 U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA ACTION: Proposed rule. Endangered and Threatened Wildlife 93003 (telephone 805/644–1766; and Plants; Proposed Designation of SUMMARY: facsimile 805/644–3958). Information EPA proposes to approve the Critical Habitat for Astragalus regarding this proposal is available in State Implementation Plan (SIP) pycnostachyus var. lanosissimus, a alternate formats upon request. revision submitted by the state of Iowa. Plant From the Coast of Southern and The SIP revisions, regarding the State’s Central California SUPPLEMENTARY INFORMATION: construction permitting rules as they Background pertain to industrial anaerobic lagoons AGENCY: Fish and Wildlife Service, and anaerobic lagoons for animal Interior. Astragalus pycnostachyus var. feeding operations in Iowa, will help ACTION: Proposed rule. lanosissimus (Ventura marsh milk- ensure Federal enforceability of the vetch) is an herbaceous perennial in the state’s air program. In the final rules SUMMARY: We, the U.S. Fish and pea family (Fabaceae). It has a thick section of the Federal Register, EPA is Wildlife Service (Service), propose to taproot and multiple erect, reddish approving the state’s SIP revision as a designate critical habitat pursuant to the stems, 40 to 90 centimeters (cm) (16 to direct final rule without prior proposal Endangered Species Act of 1973, as 36 inches (in)) tall, that emerge from the because the Agency views this as a amended (Act), for Astragalus root crown. The pinnately compound noncontroversial revision amendment pycnostachyus var. lanosissimus leaves (divided more than once on the and anticipates no relevant adverse (Ventura marsh milk-vetch). same stem and arranged like a feather) comments to this action. A detailed Approximately 170 hectares (ha) (420 are densely covered with silvery white rationale for the approval is set forth in acres (ac)) of land fall within the hairs. The 27 to 39 leaflets are 5 to 20 the direct final rule. If no relevant boundaries of the proposed critical millimeters (mm) (0.2 to 0.8 in) long. adverse comments are received in habitat designation. Proposed critical The numerous greenish-white to cream response to this action, no further habitat is located in Santa Barbara and colored flowers are in dense clusters activity is contemplated in relation to Ventura counties, California. Critical and are 7 to 10 mm (0.3 to 0.4 in) long. this action. If EPA receives relevant habitat receives protection from The calyx (a whorl of leaves below the adverse comments, the direct final rule destruction or adverse modification flower) teeth are 1.2 to 1.5 mm (0.04 in) will be withdrawn and all public through required consultation under long. The fruits are single-celled pods 8 comments received will be addressed in section 7 of the Act with regard to to 11 mm (0.31 to 0.43 in) long (Barneby a subsequent final rule based on this actions carried out, funded or 1964). The blooming time has been proposed action. EPA will not institute authorized by Federal agencies. recorded as July to October (Barneby a second comment period on this action. We are soliciting data and comments 1964); however, the one extant Any parties interested in commenting from the public on all aspects of this population was observed to flower from on this action should do so at this time. proposal, including data on economic June to September (Wilken and Please note that if EPA receives adverse and other impacts of the designation. Wardlaw 2001). This variety is comment on part of this rule and if that We may revise this proposal to distinguished from A. pycnostachyus part can be severed from the remainder incorporate or address new information var. pycnostachyus (brine milk-vetch) of the rule, EPA may adopt as final received during the comment period. by certain flower characteristics (i.e., the

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length of calyx tube, calyx teeth, and white crust which would indicate saline 1997 and 1998; Wilken and Wardlaw peduncles (a stalk bearing a flower or or alkaline conditions. 2001; Wilken, pers. comm., 2002). The flower cluster)). It is distinguished from Like the habitat requirements, little is population appears to be surviving due other local Astragalus species by its known about the reproductive biology to having established a seedbank (not all overall size, perennial growth form, size of Astragalus pycnostachyus var. seeds produced in one year will and shape of fruit, and flowering time. lanosissimus. According to Wilken and germinate the following year). The hard Little is known of the habitat Wardlaw (2001), the species appears to seed coat may require scarification requirements of Astragalus be self-compatible and partly self- (scraping or small cuts) that cannot pycnostachyus var. lanosissimus. All pollinating; however, the flower happen within one season, so the seed but two of the known collections of this structure of this species and other may survive for one year or more in the taxon were made prior to 1930, and Astragalus suggests that pollination soil until the coat can break down or is specimen labels from these collections requires manipulation of flower parts by broken by some mechanical means and original published descriptions insects. Few insects have been observed (Wall, pers. comm., 2000). Also, Wilken contain virtually no habitat information. visiting A. pycnostachyus var. and Wardlaw (2001) found that the The related variety, A. pycnostachyus lanosissimus flowers. Wilken and plants may not become reproductive var. pycnostachyus, is found in or at the Wardlaw (2001) observed a bumblebee until more than 18 to 30 months high edge of coastal saltmarshes and (Bombus sp.) and two skippers (Family: following germination. The implication seeps. The only known population of A. Hesperidae) visiting the plants, and for A. pycnostachyus var. lanosissimus pycnostachyus var. lanosissimus occurs other researchers have observed large is that low seed production and thus a in a sparsely vegetated low area, at an insects visiting other Astragalus species seed bank deficit, combined with low elevation of about 10 meters (m) (30 feet (e.g., Karron 1987). Therefore, it seems seedling survival and the mortality of (ft)), on a site previously used for likely that insects are the natural some adult plants, may contribute to the disposal of petroleum waste products pollinators of this plant. The life cycle population’s decline unless the factors (Impact Sciences, Inc. 1997). Dominant of A. pycnostachyus var. lanosissimus causing these problems (e.g., snail shrub species at the site are Baccharis thus requires that a pollinator herbivory, low pollination rate) can be pilularis (coyote brush), Baccharis community is present (Geer et al. 1995, addressed. salicifolia (mulefat), Salix lasiolepis Karron 1987). The pollinator Astragalus pycnostachyus var. (arroyo willow), and the non-native community is supported by surrounding lanosissimus was first described by Per native vegetation. Non-native plants are Axel Rydberg (1929) as Phaca Myoporum laetum (myoporum) (Impact likely to be detrimental as they compete lanosissima from an 1882 collection by Sciences, Inc. 1997). The population with native plants, including A. S.B. and W.F. Parish made in what is occurs with sparse vegetative cover pycnostachyus var. lanosissimus, for now Orange County, California. The provided primarily by Baccharis nutrients, water, and sunlight. combination A. pycnostachyus var. pilularis, Baccharis salicifolia, a non- Therefore, the percentage cover of exotic lanosissimus was assigned to this taxon native Carpobrotus sp. (seafig) and a plants must be relatively low in areas by Philip Munz and Jean McBurney in non-native annual grass, Bromus designated as critical habitat for A. 1932 (Munz 1932). madritensis ssp. rubens (red brome). pycnostachyus var. lanosissimus. The exact location of the type locality Soils are reported to be loam-silt loams Recent research has shown that of Astragalus pycnostachyus var. (Impact Sciences, Inc. 1997). Soils may predation by non-native snails is a lanosissimus is unclear. The specimen have been transported from other factor in the survival of seedlings in the label from the plant collected in 1882 by locations as a cap for the disposal site extant population (Wilken and Wardlaw S.B. and W.F. Parish identifies the site once it was closed. The origin of the soil 2001). as ‘‘La Bolsa.’’ Based on the labeling of used to cap the waste disposal site is Wilken and Wardlaw (2001) other specimens collected by the unknown; however, because of the costs concluded that seed production in Parishes in 1881 and 1882, Barneby of transport, the soil source is likely Astragalus pycnostachyus var. (1964) suggested that this collection local. lanosissimus was limited by pollination may have come from the Ballona Despite the lack of information and/or fertilization and seed predation marshes in Los Angeles County. available from historical collections, the by weevils (Family: Bruchidae). The However, Critchfield (1978) believed best description we have of the habitat reason for the low pollination rate is that ‘‘La Bolsa’’ could have referred to of Astragalus pycnostachyus var. unknown, but could be attributed to Bolsa Chica, a coastal marsh system lanosissimus is from Wilken and factors that affect the local pollinator located to the south in Orange County. Wardlaw (2001) who concluded that the community, such as habitat loss, The California Natural Diversity Data species occurs in low-elevation coastal pesticides, and competition for nectar Base (CNDDB) (CDFG 2002) concludes dune-swale areas, where freshwater and aggression from non-native insects that ‘‘La Bolsa’’ is the Bolsa Bay area levels (in the form of saturated soils or such as Argentine ant (Linepithema between Sunset Beach and Huntington groundwater) are high enough to reach humile). Beach in Orange County. Collections of the roots of the plants. Sometimes, high Low survivorship of seedlings and other plants from the ‘‘La Bolsa’’ area groundwater is shown by the presence young plants observed in Astragalus have been mapped as the Bolsa Chica of water in sloughs or coastal creeks, but pycnostachyus var. lanosissimus may be salt marsh, although exact locations of more typically evidence for freshwater due in part to herbivory by snails (the the collections are not known. availability is seen in the presence of non-native Otala lactea or Helix In the five decades following its native, freshwater-dependent plants, aspersa) and brush rabbits (Sylvilagus discovery, Astragalus pycnostachyus such as Salix spp. (willows), Typha spp. bachmani) (Wilken and Wardlaw 2001). var. lanosissimus was collected from (cattails), Baccharis salicifolia, and Due to the combination of poor seedling only a few locations in Los Angeles and others. The soils associated with A. and young plant survivorship and low Ventura counties. In a second 1882 pycnostachyus var. lanosissimus are seed production, the population of A. collection, the plant was collected from well-drained, yet contain a mix of sand pycnostachyus var. lanosissimus near Santa Monica in Los Angeles and clay. Because of the freshwater declined from its rediscovery in 1997 County. It was also collected from the influence, the soils do not exhibit a until the 2001 season (Impacts Sciences Ballona marshes just to the south in

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1902, and ‘‘Cienega’’ in 1904, also likely In 1987, botanists searched described in the FEIR, could have near the Ballona wetlands. In Ventura specifically for Astragalus several adverse effects on the only County it was collected in 1901 and pycnostachyus var. lanosissimus known population of A. pycnostachyus 1925 from Oxnard and in 1911 from an without success at previous collection var. lanosissimus, possibly resulting in unspecified location in ‘‘Ventura, locations throughout its range in coastal the extinction of this taxon in the wild. California,’’ a city adjacent to Oxnard. habitats, including Bolsa Chica in We anticipate that the project will Barneby (1964) believed that Orange County and on public lands exacerbate the problems the population Astragalus pycnostachyus var. around Oxnard in Ventura County (F. already experiences with snail lanosissimus had been extirpated from Roberts, Service, in. litt., 1987; T. predation and exotic plants, and will Santa Monica southward, noting that Thomas, Service, pers. comm., 1997). also introduce pesticides, increase there was still the possibility it survived Point Mugu Naval Air Weapons Station, human access, interrupt pollination, in Ventura County (although he knew of in southern Ventura County, may have and alter the freshwater inundation no locations at that time). The species suitable habitat (Wilken and Wardlaw regime that the species apparently was briefly rediscovered in 1967 2001); however, focused surveys have requires. through the chance collection by R. not been conducted there. A. The Service was not involved in the Chase of a single specimen growing by pycnostachyus var. lanosissimus was agreements between the developer and a roadside between the cities of Ventura not found during cursory surveys of the local and State officials because our and Oxnard. Searches uncovered no base, nor has this taxon ever been regulatory authority does not extend to other living plants at that location, collected there despite habitat listed plants on private land unless although some mowed remains evaluations and vegetation sampling by there is a Federal nexus, such as a discovered on McGrath State Beach the Navy for the past 15 years (Navy Federal permit or funding. No nexus lands across the road from Chase’s Base Ventura County 2002). existed on the site and our role was collection site were believed to belong The single known population of strictly advisory. to this taxon (information on herbarium Astragalus pycnostachyus var. A sooty fungus was found on the label from specimen collected by R.M. lanosissimus near the city of Oxnard is leaves of Astragalus pycnostachyus var. Chase 1967). Floristic surveys and in a degraded backdune community. lanosissimus in late summer, 1997, as focused searches conducted in the From 1955 to 1981 the land on which leaves began to senesce (die) or wither 1970s and 1980s at historical collection it occurs was used as a disposal site for and the plants entered a period of locations did not locate any populations oil field wastes (Impact Sciences, Inc. dormancy (Impact Sciences, Inc. 1997). of A. pycnostachyus var. lanosissimus 1998). In 1998, the City of Oxnard The effects of the fungus on the and the plant was presumed extinct published a Final Environmental Impact population are not known, but it is (Isley 1986, Burgess 1987, Spellenberg Report (FEIR) for development of this possible that the fungus attacks 1993, Skinner and Pavlik 1994). On June site (Impact Sciences, Inc. 1998). In a senescing leaves in great number only at 12, 1997, a population of the plant was final step, the project was approved by the end of the growing season. The rediscovered by a Service biologist in a the California Coastal Commission in plants appeared robust when in flower degraded coastal dune system near April 2002. The proposal for the site in June 1997, matured seed by October Oxnard, California (Kate Symonds, pers. includes remediation of soils 1997, and were regrowing in March obs., 1997). contaminated with hydrocarbons, 1998, after a period of dormancy, Based upon searches for Astragalus followed by construction of 300 homes without obvious signs of the fungus pycnostachyus var. lanosissimus and a 2–ha (6–ac) lake on 37 ha (91 ac) (Steeck, in. litt, 1998). Wilken and between the last collection in 1967 and of land. The proposed soil remediation Wardlaw (2001) did not detect any signs its rediscovery in 1997, the species is would involve excavation and of pathogens on mature plants that believed to have been extirpated from stockpiling of the soils, followed by soil appeared to be in poor health; however, all of the general areas from which it treatment and redistribution of the soils two mature plants had infestations of had been collected except the single over the site (Impact Sciences, Inc. aphids (Family: Aphididae) that were remaining extant population in Oxnard, 1998). being tended by non-native Argentine Ventura County. Locations of The proposed measures for ants. Cucumber mosaic virus, which is collections from the late 1800s to early conservation on the site would be to transmitted by aphids, was found in the 1900s in Los Angeles County are now establish a 2 ha (5 ac) preserve that A. pycnostachyus var. lanosissimus urbanized within the expansive Los would be dominated by highly population (Wilken 2002). Angeles metropolitan area. disturbed soils. The buffers between the In 1997, the seeds of Astragalus Approximately 90 percent of the development and preserve areas would pycnostachyus var. lanosissimus were Ballona wetlands, once encompassing be 15 meters (m) (50 feet (ft)). According heavily infested with seed beetles almost 810 ha (2,000 ac), have been to a comprehensive review of rare plant (Bruchidae: Coleoptera). In a seed drained, dredged, and developed into preserve design compiled by the collection done for conservation the urban areas of Marina del Rey and Conservation Biology Institute (2000), purposes in 1997, the Service found that Venice (Critchfield 1978, Friends of buffers of that size are insufficient to most fruits partially developed at least Ballona Wetlands 1998). Ballona Creek, protect a rare plant species because 4 seeds; however, seed predation the primary freshwater source for the indirect effects (e.g., fuel management, reduced the average number of wetland, had been straightened, dredged loss of pollinators, introduction of undamaged seeds to only 1.8 per fruit and channelized by 1940 (Friesen et al. competing exotic plants) are not (Steeck, in. litt., 1998). Wilken and 1981). Despite periodic surveys of what absorbed and are likely to extend well Wardlaw (2001) reported similar remains at the Ballona wetlands, A. into the preserved area. Thus, the findings in 2000. Apparently heavy seed pycnostachyus var. lanosissimus has not preserve proposed for Astragalus predation by seed beetles and weevils been collected there since the early pycnostachyus var. lanosissimus has has been reported among other members 1900s (Gustafson 1981; herbarium labels inadequate consideration of the of the genus Astragalus (Platt et al. from collections by H. P. Chandler and biological needs of the species and 1974, Lesica 1995). Wilken and by E. Braunton, 1902, housed at UC unproven management and protection Wardlaw (2001) estimate that seed Berkeley Herbaria). of the site. The proposed project, as predation by these insects may reduce

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seed viability by 30 percent in a given (Cristina Sandoval, Reserve Director, (petition provisions are now found in year. pers. comm., 2002). The success of any section 4(b)(3)) of the Act and its Because of its small population size, of these efforts in establishing self- intention to review the status of the the only natural population is also sustaining populations of A. plant taxa named therein. threatened by competition with non- pycnostachyus var. lanosissimus is yet On June 16, 1976, the Service native plant species. Cortaderia selloana to be determined. published a proposed rule in the (pampas grass), Carpobrotus sp., and In 1997, the population of Astragalus Federal Register (41 FR 24523) to Bromus madritensis ssp. rubens are pycnostachyus var. lanosissimus in determine approximately 1,700 vascular invasive non-native plant species that Oxnard consisted of about 374 plants, of plant species to be endangered species occur at the site (Impact Sciences, Inc. which 260 were small plants thought to pursuant to section 4 of the Act. This 1997). Carpobrotus sp. in particular, are have germinated in the last year and 114 list, which included Astragalus competitive, succulent species with the were ‘‘adult’’ plants. Of these adult pycnostachyus var. lanosissimus, was potential to cover vast areas in dense plants, fewer than 65 plants produced assembled on the basis of comments and clonal mats and may harbor non-native fruit in 1997 (Impact Sciences, Inc. data received by the Smithsonian snails. Bromus madritensis ssp. rubens 1997). In 1998, 192 plants were counted Institution and the Service in response grew in high densities around some during surveys of the population. to House Document No. 94–51 and the mature individuals of Astragalus Service biologists placed cages around a July 1, 1975, Federal Register pycnostachyus var. lanosissimus in sample of plants in 1999 to protect them publication. General comments received 1998 and seedlings were germinating from severe herbivory apparently done in relation to the 1976 proposal were among patches of Carpobrotus spp. and by small mammals, most likely brush summarized in an April 26, 1978, Bromus spp. in 1998 (D. Steeck, in. litt., rabbits. Despite this protection, only 30 Federal Register publication (43 FR 1998). Seedling survival rates in these to 40 plants produced flowers in 1999, 17909). In 1978, amendments to the Act areas have not yet been determined. which was believed to be less than half required that all proposals over 2 years Efforts to conserve Astragalus of those blooming in 1998 (Steeck, in old be withdrawn. A 1-year grace period pycnostachyus var. lanosissimus have litt., 1998). was given to those proposals already been initiated by the landowner (North Wilken and Wardlaw (2001) state that more than 2 years old. In a December Shore at Mandalay LLC) and a task force the total number of adult plants 10, 1979, notice (44 FR 70796) the of scientists from the University of declined between 1997 and 2000. Service withdrew the portion of the California and Santa Barbara Botanic Although 46 of 80 seedlings that June 16, 1976, proposal that had not Garden, agencies (California Department germinated in the 2000 growing season been made final, along with four other of Fish and Game, U.S. Fish and were still present in October 2000, the proposals that had expired. A. Wildlife Service, California Department total number of surviving adult plants in pycnostachyus var. lanosissimus was of Parks and Recreation), and plant 2000 was estimated at 39. Many are included in that withdrawal notice. propagation experts from the Rancho believed to have succumbed to We published an updated Notice of Santa Ana Botanic Gardens (RSABG). herbivory from snails and brush rabbits. Review (NOR), Review of Plant Taxa for Contractors for the landowner and Other losses are unexplained, sudden Listing as Endangered and Threatened proponent of the development, North mortalities (Wilken and Wardlaw 2001). Species on December 15, 1980 (45 FR Shore at Mandalay LLC, have Following efforts to control snails in 82480). This notice included Astragalus successfully grown plants in a remote 2000 (i.e., poisoning, hand removal, pycnostachyus var. lanosissimus in a greenhouse facility. Several plants were clearing of iceplant, fencing), and list of category 1 candidate species that excavated from the natural population perhaps more favorable growing were possibly extinct in the wild. and potted prior to state and Federal conditions in the winter of 2000–2001, Category 1 candidate species were taxa listing, and other plants were started more than 1,000 seedlings were for which we had sufficient information from seed gathered from the natural observed (Wilken, pers. comm., 2002). on biological vulnerability and threats population. In addition, A. Of these, more than 300 survived until to support the preparation of listing pycnostachyus var. lanosissimus seed October 2001 when they became proposals. These category 1 candidates from the site was placed in a seed dormant. At the time of this proposal, were given high priority for listing were storage collection and a seed bulking more recent survey data is not available. extant populations to be confirmed. project at RSABG. RSABG has been The Service maintained Astragalus Previous Federal Action successful in germinating A. pycnostachyus var. lanosissimus as a pycnostachyus var. lanosissimus seed Federal actions for this taxon began category 1 candidate in subsequent and growing the plants in containers pursuant to section 12 of the NORs: November 28, 1983 (48 FR (Wilken and Wardlaw 2001). Endangered Species Act of 1973, as 53640); September 27, 1985 (50 FR Research populations have been amended (16 U.S.C. 1531 et seq.) (Act), 39526); and February 21, 1990 (55 FR introduced in two locations within the which directed the Secretary of the 6184). The Service published a NOR (58 historical range of Astragalus Smithsonian Institution to prepare a FR 51144) on September 30, 1993, in pycnostachyus var. lanosissimus: report on those plants considered to be which taxa whose existence in the wild Mandalay State Beach, across the street endangered, threatened, or extinct in the was in doubt, including A. from the extant population, and one at United States. This report (House pycnostachyus var. lanosissimus, were McGrath State Beach. Two Document No. 94–51) was presented to moved to Category 2. Category 2 transplantation experiments are Congress on January 9, 1975, and candidate species were taxa for which underway outside of the known range of Astragalus pycnostachyus var. information then in our possession the species: one at Carpenteria Marsh lanosissimus was included on List C, indicated that proposing to list the and the other at Coal Oil Point, both in among those taxa believed possibly taxon as endangered or threatened was Santa Barbara County. Approximately extinct in the wild. The Service possibly appropriate, but for which 250 individuals were planted and are published a notice in the July 1, 1975, substantial data on biological being irrigated at the Coal Oil Point Federal Register (40 FR 27823) of its vulnerability and threats were not Reserve. Seed has been introduced at 10 acceptance of the report as a petition currently known or on file to support separate dune locations at the Reserve within the context of section 4(c)(2) proposed rules. On February 28, 1996

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we published a NOR in the Federal Critical Habitat designated as critical habitat unless the Register (61 FR 7596) that discontinued Section 3 defines critical habitat as— Secretary determines that all such areas the designation of category 2 species as (i) the specific areas within the are essential to the conservation of the candidates, including those taxa thought geographic area occupied by a species, species. Our regulations (50 CFR to be extinct. Thus, A. pycnostachyus at the time it is listed in accordance 424.12(e)) also state that, ‘‘The Secretary var. lanosissimus was excluded from with the Act, on which are found those shall designate as critical habitat areas this and subsequent NORs. In 1997, A. physical or biological features (I) outside the geographic area presently pycnostachyus var. lanosissimus was essential to the conservation of the occupied by the species only when a rediscovered and a review of the taxon’s species and (II) that may require special designation limited to its present range status indicated that a proposed rule management considerations or would be inadequate to ensure the conservation of the species.’’ was warranted. protection; and (ii) specific areas Accordingly, we do not designate outside the geographic area occupied by A proposed rule to list Astragalus critical habitat in areas outside the a species at the time it is listed, upon pycnostachyus var. lanosissimus as geographic area occupied by the species a determination that such areas are endangered was published in the unless the best available scientific and essential for the conservation of the Federal Register on May 25, 1999 (64 commercial data demonstrate that species. ‘‘Conservation’’ means the use FR 28136). On January 26, 2001, the unoccupied areas are essential for the of all methods and procedures that are Center for Biological Diversity (CBD) conservation needs of the species. filed a Complaint for Declaratory and necessary to bring an endangered or a Section 4(b)(2) of the Act requires that Injunctive Relief against the Service threatened species to the point at which we take into consideration the economic asking the court to enjoin the Service to listing under the Act is no longer impact, and any other relevant impact, render a final listing determination for necessary. of specifying any particular area as A. pycnostachyus var. lanosissimus. The Critical habitat receives protection critical habitat. We may exclude areas final rule listing the plant as endangered under section 7 of the Act through the from critical habitat designation when prohibition against destruction or was published on May 21, 2001 (66 FR the benefits of exclusion outweigh the adverse modification of critical habitat 27901). benefits of including the areas within with regard to actions carried out, Section 4(a)(3) of the Act, as critical habitat, provided the exclusion funded, or authorized by a Federal will not result in extinction of the amended, and implementing regulations agency. Section 7 also requires species. (50 CFR 424.12) require that, to the conferences on Federal actions that are Our Policy on Information Standards maximum extent prudent and likely to result in the destruction or Under the Endangered Species Act, determinable, the Secretary designate adverse modification of proposed published in the Federal Register on critical habitat at the time the species is critical habitat. July 1, 1994 (59 FR 34271), provides determined to be endangered or Critical habitat also provides non- criteria, establishes procedures, and threatened. Our regulations (50 CFR regulatory benefits to the species by provides guidance to ensure that our 424.12(a)(1)) state that designation of informing public and private interest decisions represent the best scientific critical habitat is not prudent when one groups of areas that are important for and commercial data available. It or both of the following situations species recovery and where requires our biologists, to the extent exists: (1) The species is threatened by conservation actions would be most consistent with the Act and with the use taking or other human activity, and effective. Designation of critical habitat of the best scientific and commercial identification of critical habitat can be can help focus conservation activities data available, to use primary and expected to increase the degree of threat for a listed species by identifying areas original sources of information as the to the species; or (2) such designation of that contain the physical and biological basis for recommendations to designate critical habitat would not be beneficial features essential for the conservation of critical habitat. When determining to the species. At the time Astragalus that species, and can alert the public as which areas are critical habitat, a pycnostachyus var. lanosissimus was well as land-managing agencies to the primary source of information should be listed, we found that designation of importance of those areas. Critical the listing package for the species. critical habitat was prudent but not habitat also identifies areas that may Additional information may be obtained determinable, and that we would require special management from a recovery plan, articles in peer- designate critical habitat once we had considerations or protection, and may reviewed journals, conservation plans gathered the necessary data. help provide protection to areas where developed by States and counties, significant threats to the species have scientific status surveys and studies, Despite this finding regarding critical been identified, by helping people to biological assessments, unpublished habitat at the time of listing, the CBD avoid causing accidental damage to materials, or other unpublished lawsuit also sought to cause the Service such areas. materials. to prepare a final rule designating In order to be included in a critical Section 4 of the Act requires that we critical habitat for Astragalus habitat designation, the habitat must designate critical habitat based on what pycnostachyus var. lanosissimus. A first be ‘‘essential to the conservation of we know at the time of designation. stipulated settlement agreement and the species.’’ Critical habitat Habitat is often dynamic, and species Order was filed with the court on designations identify, to the extent may move from one area to another over August 2, 2001, which provides that the known, and using the best scientific and time. Furthermore, we recognize that Service will submit for publication in commercial data available, habitat areas designation of critical habitat may not the Federal Register a proposed critical that provide at least one of the physical include all of the habitat areas that may habitat designation for A. or biological features essential to the eventually be determined to be pycnostachyus var. lanosissimus on or conservation of the species (primary necessary for the recovery of the before October 1, 2002, and that the constituent elements, as defined at 50 species. For these reasons, critical final designation will be submitted for CFR 424.12(b)). Section 3(5)(C) of the habitat designations do not signal that publication on or before October 1, Act states that not all areas that can be habitat outside the designation is 2003. occupied by a species should be unimportant or may not be required for

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recovery. Areas that support newly evaluate areas for their suitability for disturbance or are representative of the discovered populations in the future, establishing new populations of A. known historical geographical and but are outside the critical habitat pycnostachyus var. lanosissimus. The ecological distributions of a species. designation, will continue to be subject factors evaluated included: degree of Much of what is known about the to conservation actions implemented disturbance; vegetative cover (percent specific physical and biological under section 7(a)(1) of the Act and to and type); associated species; proximity requirements of Astragalus the regulatory protections afforded by to subterranean water table; and pycnostachyus var. lanosissimus is the section 7(a)(2) jeopardy standard potential threats. Wilken and Wardlaw described in the Background section of and the section 9(a)(2) prohibitions, as (2001) also analyzed soil from the site this proposed rule. The proposed determined on the basis of the best where A. pycnostachyus var. critical habitat is designed to provide available information at the time of the lanosissimus currently exists for sufficient habitat to maintain self- action. Federally funded or assisted physical and chemical properties sustaining populations of A. projects affecting listed species outside important for general plant growth, such pycnostachyus var. lanosissimus their designated critical habitat areas as texture, pH, salinity, nutrients, and throughout its range and to provide may still result in jeopardy findings in micronutrients. those habitat components essential for some cases. Similarly, critical habitat Determining what constitutes habitat the conservation of the species. These designations made on the basis of the for Astragalus pycnostachyus var. habitat components provide for: (1) best available information at the time of lanosissimus is difficult due to having Individual and population growth, designation will not control the only one extant population on a site of including sites for germination, direction and substance of future questionable history (i.e., soil dumping, pollination, reproduction, pollen and recovery plans, habitat conservation oil waste) to sample. Also, the historical seed dispersal, and seed dormancy; (2) plans, or other species conservation collections did not fully document the areas that allow gene flow and provide planning efforts if new information habitat where the plants were found. connectivity or linkage within larger available to these planning efforts calls Therefore, both Wilken and Wardlaw populations; (3) areas that provide basic for a different outcome. (2001) and the Service’s (Steeck, in litt., requirements for growth, such as water, 1998) data were used to characterize the light, and minerals; and (4) areas that Methods habitat of A. pycnostachyus var. support populations of pollinators and As required by the Act and lanosissimus and to determine the seed dispersal organisms. regulations (section 4(b)(2) and 50 CFR primary constituent elements. Some We believe the long-term probability 424.12) we used the best scientific differences between the two subspecies of the conservation of Astragalus information available to determine areas of A. pycnostachyus are apparent, pycnostachyus var. lanosissimus is that contain the physical and biological especially in regards to associated plant dependent upon the protection of the features that are essential for the species and general habitat type. These existing population site and sites where conservation of Astragalus differences may be a function of a small introductions can be conducted, as well pycnostachyus var. lanosissimus. This data set for A. pycnostachyus var. as the maintenance of ecological information included data from the final lanosissimus due to its single functions within these sites, including rule listing the species as endangered population, uncertainty surrounding the connectivity between colonies (i.e., (66 FR 27901), the CNDDB (CDFG 2002), presence of A. pycnostachyus var. groups of plants within sites) within recent biological surveys, reports and lanosissimus on the extant site (i.e., close geographic proximity to facilitate aerial photos, additional information whether it is a natural occurrence or pollinator activity and seed dispersal. provided by interested parties, and was introduced through soil dumping), The areas we are proposing to designate discussions with botanical experts. We and differences in the two subspecies in as critical habitat provide some or all of also conducted site visits at locations terms of what habitat may support them. the habitat components essential for the managed by Federal and State agencies, We have paid particular attention to conservation of A. pycnostachyus var. including the Navy Base Ventura information from Wilken and Wardlaw lanosissimus. Based on the best County/Point Mugu, McGrath State (2001) because they analyzed conditions available information at this time, the Beach, and Carpinteria Marsh. at the only known site where A. primary constituent elements of critical Much of the critical habitat pycnostachyus var. lanosissimus habitat for A. pycnostachyus var. description is derived from Wilken and currently occurs. lanosissimus consist of, but are not Wardlaw (2001) which represents the limited to: most complete information to date Primary Constituent Elements (1) Vegetation cover of at least 50 regarding the biology and habitat of In accordance with section 3(5)(A)(i) percent but not exceeding 75 percent, Astragalus pycnostachyus var. of the Act and regulations at 50 CFR consisting primarily of known lanosissimus. Of particular relevance to 424.12, in determining which areas to associated native species, including but this critical habitat determination, propose as critical habitat, we consider not limited to, Baccharis salicifolia, Wilken and Wardlaw (2001) provide those physical and biological features Baccharis pilularis, Salix lasiolepis, descriptions of the habitat of A. (primary constituent elements) that are Lotus scoparius (deerweed), and pycnostachyus var. lanosissimus’ essential to the conservation of the Ericameria ericoides (coast goldenbush); closest relative, A. pycnostachyus var. species and that may require special (2) Low densities of non-native pycnostachyus (northern marsh milk- management considerations or annual plants and shrubs, not exceeding vetch). Wilken and Wardlaw (2001) protection. These include, but are not 25 percent cover (combined with the collected data on habitat characteristics limited to: space for individual and minimum 50 percent native cover at sites occupied by A. pycnostachyus population growth, and for normal requirement, total cover of natives and var. pycnostachyus and compared these behavior; food, water, air, light, non-natives should not exceed 75 with the characteristics at the extant minerals or other nutritional or percent); population of A. pycnostachyus var. physiological requirements; cover or (3) The presence of a high water table, lanosissimus. Once common habitat shelter; sites for reproduction, either fresh or brackish, as evidenced by characteristics had been established, germination, or seed dispersal; and the presence of channels, sloughs, or Wilken and Wardlaw used these to habitats that are protected from depressions that may support stands of

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Salix lasiolepis, Typha spp., and still exist. These broader areas were Chica State Beach. The Ballona Scirpus spp. (cattail); refined with information on the extant Wetlands are similarly isolated from a (4) Soils that are fine-grained, population and the other locations as freshwater source and are subject to composed primarily of sand with some derived from Wilken and Wardlaw considerable disturbance. Consequently, clay and silt, yet are well-drained; and (2001). We also engaged in discussions we rejected both Bolsa Chica and the (5) Soils that do not exhibit a white with the Carlsbad Fish and Wildlife Ballona Wetlands as potential crystalline crust that would indicate Office which has responsibility for and reintroduction sites for A. saline or alkaline conditions. experience with the historical locations pycnostachyus var. lanosissimus and as Criteria Used To Identify Critical in southern Los Angeles and Orange critical habitat units. Habitat counties (K. Clark and J. Fancher, pers. For critical habitat outside of the comm., 2002). historical range, we considered areas Critical habitat being proposed for The boundaries of the units were from Gaviota State Beach, Santa Barbara Astragalus pycnostachyus var. identified on aerial photographs and County, south to San Diego County. We lanosissimus includes the only known U.S. Geological Survey topographical have included only one critical habitat location where the species currently maps and refined based upon adjacent unit (Carpinteria Marsh) that could be occurs and two other sites with high land uses. For example, one unit is considered outside of the known range potential to support the species based bordered on three sides by urban areas of the species in this critical habitat upon habitat characteristics (including and on the final side by the Pacific proposal. That location is included the analysis of Wilken and Wardlaw Ocean. We decided that due to the because of its proximity to the historical 2001) and/or historical occurrences. We limited suitable habitat available, the distribution, the initial success of efforts believe that establishment of new, self- patchiness of such habitat, and the lack to establish a population there, and the sustaining populations of A. of information on related ecosystem presence of primary constituent pycnostachyus var. lanosissimus at functions that would support Astragalus elements. Data to support designation of other sites is essential for the species’ pycnostachyus var. lanosissimus, we critical habitat elsewhere outside the survival because the species is currently should include all natural vegetation historic range of Astragalus known from a single location at which within the units up to where land use pycnostachyus var. lanosissimus are its future is uncertain due to its small changes and natural vegetation end. The limited. In addition, we do not believe population size and the high degree of critical habitat units were designed to introducing A. pycnostachyus var. threat from chance catastrophic events. encompass a large enough area to lanosissimus in the vicinity of Catastrophic events are a concern when support existing ecological processes Astragalus pycnostachyus var. the number of populations or that may be essential to the conservation pychnostachyus is prudent because of geographic distribution of a species is of A. pycnostachyus var. lanosissimus the potential for hybridization and severely limited (Shaffer 1981, 1987; (e.g., that provide areas into which dilution of genetic identity between the Primack 1998; Meffe and Carroll 1997), populations might expand, provide two varieties. Therefore, we do not as is the case with A. pycnostachyus connectivity or linkage between believe it is appropriate to designate var. lanosissimus. Because a critical colonies within a unit, and support critical habitat elsewhere outside the habitat designation limited to this populations of pollinators and seed historic range of A. pycnostachyus var. species’ present range—one known dispersal organisms). lanosissimus. location—would be inadequate to Within the historical range of In selecting areas of proposed critical ensure its conservation, the Astragalus pycnostachyus var. habitat we made an effort to avoid establishment of additional locations for lanosissimus, we considered two of the developed areas, such as housing A. pycnostachyus var. lanosissimus is collection localities: Bolsa Chica, developments, that are unlikely to critical to reducing the risk of Orange County, and the Ballona contain the primary constituent extinction. Wetlands, Los Angeles County. During elements or otherwise contribute to the For sites not currently occupied by discussions with biologists most conservation of Astragalus Astragalus pycnostachyus var. familiar with these areas (K. Clark and pycnostachyus var. lanosissimus. lanosissimus, we first considered the J. Fancher, pers. comm., 2002), we However, we did not map critical historical range of the species based concluded that, although the areas habitat in sufficient detail to exclude all upon collection data and records from remain undeveloped for the most part, lands unlikely to contain the primary the CNDDB (CDFG 2001). From this conditions have changed dramatically constituent elements essential for the potential distribution, we located the since the plants were collected. For conservation of A. pycnostachyus var. areas where the plants were observed or example, the Bolsa Chica area has been lanosissimus. Areas within the collected as closely as they could be altered by oil development, which boundaries of the mapped units, such as discerned from the data. In some cases, created raised pads and lower excavated buildings, roads, parking lots, railroads, we had to determine that old place areas, and channelized the natural airport runways and other paved areas, names, such as ‘‘La Bolsa,’’ referred to freshwater inflow that once existed. The lawns, and other urban landscaped sites with some similar name, like Bolsa influence of tidal flow is now more areas will not contain any of the Chica, or found references that made pronounced, to the point that the soils primary constituent elements. Federal conclusions about modern place names have become saline. The area, therefore, actions limited to these areas, therefore, from the data. does not contain plant species that would not trigger a section 7 By examining aerial photographs and indicate freshwater influence. Plant consultation, unless they affect the reviewing pertinent literature, and species indicating freshwater influence species and/or primary constituent through discussions with are found at the currently occupied site elements in adjacent critical habitat. knowledgeable individuals, we and at locations where the close In summary, we selected critical identified areas where habitat similar to relative, A. pycnostachyus var. habitat areas that provide for the that at the currently occupied site and pycnostachyus, occurs. Also, long-range conservation of Astragalus where habitat similar to that occupied plans for Bolsa Chica are to increase the pycnostachyus var. lanosissimus where by the closest relative, Astragalus tidal influence by establishing a direct it is known to occur, as well as areas pycnostachyus var. pycnostachyus, may connection to the ocean across Bolsa suitable for establishment of new

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populations. As noted above, pollinator community. Maintenance and Unit, located at Fifth Street and Harbor establishment of new populations is enhancement can include eradication of Boulevard in the City of Oxnard. A important to reduce the risk of non-native plants, control of non-native research population has been initiated extirpation from chance catastrophic insects (especially Argentine ants) and at the Mandalay State Beach portion of events. If we determine that areas snails, revegetation with native shrubs the unit. Research introductions have outside of the boundaries of the and annuals, and irrigation as needed. also occurred at the Carpinteria Salt designated critical habitat are important Because only one extant population of Marsh Reserve and McGrath State Beach for the conservation of this species, we Astragalus pycnostachyus var. units. Despite the presence of research may propose these additional areas as lanosissimus remains, Wilken and populations, we consider all of the units critical habitat in the future. Wardlaw (2001) provided the following unoccupied except the portion of the recommendations for experimental Mandalay unit where the natural Special Management Considerations introductions of the species into the population occurs. Therefore, we It is essential to manage the critical proposed critical habitat units: propose to designate currently habitat areas in a manner that provides (1) The experimental areas should be unoccupied habitat because the for the conservation of Astragalus free from human incursion, except by conservation of A. pycnostachyus var. pycnostachyus var. lanosissimus. This researchers and monitors. Exclusion can lanosissimus requires it. The single includes not only the immediate area be accomplished by signs, fencing, and extant natural population is likely to be where the species may be present, but enforcement; extirpated by direct and indirect effects an additional area that can provide for (2) Astragalus pycnostachyus var. of the approved development of the normal population fluctuations that may lanosissimus plantings should attempt North Shore at Mandalay project (i.e., occur in response to natural and to establish clusters to examine the due to inadequate preserve design), or a unpredictable events. A. pycnostachyus gradients of conditions that may be catastrophic event could eliminate the var. lanosissimus is also dependent present in the critical habitat areas; population regardless of the upon habitat components beyond the (3) Plants should be grown in development. In the absence of suitable immediate areas on which the plant containers for transplant into off-site locations where the species occurs, including the adjacent experimental population areas, with could be established, it is possible that vegetation communities with which the emphasis on larger containers (one it could go extinct. The two unoccupied species is associated, and sufficient gallon minimum); sites proposed for inclusion have been areas to support the ecological processes (4) Seeds should be collected from as identified through research as the most of which the plant’s life cycle is a part. many different plants as possible each likely candidates for new populations These ecological processes include year to establish a diverse genetic pool, because the primary constituent hydrology, pollination, seed dispersal, and propagate individuals from many elements are present and they can be expansion of distribution, different collections; adequately protected from the threats recolonization, and maintenance of (5) Transplantation of new container identified earlier. One site is within the natural predator-prey relationships. stock, germinated yearly, should occur historical range of the species and one Of paramount importance is the once per year for at least 3 years to is not. We believe the designation of maintenance of a pollinator community achieve a balanced age structure in the currently unoccupied locations as as Astragalus pycnostachyus var. new population and to compensate for critical habitat is essential to the lanosissimus appears to be suffering fluctuating mortality rates; and conservation of A. pycnostachyus var. from poor seed set (Wilken and (6) A monitoring program should be lanosissimus. Wardlaw 2001). Although self- implemented to achieve specific goals Also, our evaluation of Astragalus compatible, A. pycnostachyus var. defined prior to introduction of pycnostachyus var. lanosissimus has lanosissimus has a flower structure that Astragalus pycnostachyus var. shown that suitable habitat areas are suggests a relationship with large lanosissimus. The goals should include, scarce within the historical range of the insects. In this case, the number of at a minimum: population size; age class species. The combination of associated plants in the host plant population (A. structure; survivorship; and plant species, high groundwater, low pycnostachyus var. lanosissimus) reproductive success (i.e., pollination, salinity, and other primary constituent appears to be insufficient in itself to seed production, seedling survival). elements has either been removed by support the pollinator community. urbanization, agriculture, oil field Proposed Critical Habitat Designation Thus, the survival of a pollinator development, or flood control projects. community is dependent upon The proposed critical habitat areas Other areas within the historical range sufficient natural vegetation beyond the described below constitute our best were considered and rejected, and areas footprint of the rare plant in question, assessment at this time of the areas outside of the historical range were as these other plants are able to sustain essential for the conservation of limited in scope and only one was the pollinators which are not solely Astragalus pycnostachyus var. included. The scarcity of suitable dependent upon the resources of the lanosissimus. The areas being proposed habitat has also contributed to the need rare species, yet still provide pollination as critical habitat are: (1) Mandalay, to propose areas currently unoccupied services to the rare plant. Given the including the site of the extant by A. pycnostachyus var. lanosissimus patchiness of suitable habitat for A. population at Fifth Street and Harbor as critical habitat. pycnostachyus var. lanosissimus in the Boulevard in Oxnard, Ventura County; In summary, we propose to designate region under consideration in this (2) McGrath Lake area, McGrath State approximately 170 ha (420 ac) of land proposal, and the lack of data on the Beach, California Department of Parks in three units as critical habitat for minimum size of patches that can and Recreation (CDPR), Ventura County, Astragalus pycnostachyus var. support the appropriate pollinators of A. and (3) Carpinteria Salt Marsh Reserve lanosissimus. The approximate areas of pycnostachyus var. lanosissimus, we run by the University of California, proposed critical habitat by land believe that all of the remaining natural Santa Barbara, Santa Barbara County. ownership are shown in Table 1. Private vegetation within the proposed critical The only site occupied by a natural lands comprise approximately 33 habitat units must be managed to population of Astragalus pycnostachyus percent of the proposed critical habitat; maintain and enhance the value to a var. lanosissimus is in the Mandalay and State lands comprise 67 percent. No

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Federal lands are proposed for inclusion.

TABLE 1.—APPROXIMATE AREAS IN HECTARES (HA) AND ACRES (AC) OF PROPOSED CRITICAL HABITAT FOR Astragalus pycnostachyus VAR. lanosissimus BY LAND OWNERSHIP

Unit name Private State Federal Total

Mandalay Unit ...... 42 ha (104 ac) ...... 20 ha (49 ac) ...... 0 ha (0 ac) ...... 62 ha (153 ac) McGrath Unit ...... 14 ha (35 ac) ...... 11 ha (27 ac) ...... 0 ha (0 ac) ...... 25 ha (62 ac) Carpenteria Salt Marsh Unit ...... 0 ha (0 ac) ...... 83 ha (205 ac) ...... 0 ha (0 ac) ...... 83 ha (205 ac) Total ...... 56 ha (139 ac) ...... 114 ha (281 ac) ...... 0 ha (0 ac) ...... 170 ha (420 ac) Note: Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of precision of mapping of each unit, hectares and acres greater than 10 have been rounded to the nearest whole number. Totals are sums of units.

The proposed critical habitat areas population will be mostly isolated from lanosissimus because they provide constitute our best assessment at this surrounding vegetation, and the additional areas separate from the time of the areas that are essential for ecological processes sustaining the existing population of A. pycnostachyus the conservation of Astragalus population may be interrupted. Also, var. lanosissimus, into which it can be pycnostachyus var. lanosissimus. The the project may allow increased human introduced. We believe it is extremely three critical habitat units include the intrusion, provide habitat for non-native important to have additional area to only known location where the species plants and snails, alter the hydrologic reduce the likelihood that the species currently occurs and two other sites regime, and introduce pesticides and may become extinct as the result of a with high potential to support the fertilizers that adversely affect the catastrophic event, such as a fire or species. A brief description of each plants. disease, that can affect an isolated critical habitat unit is given below: The portion of this unit on Mandalay population. State Beach is identified by Wilken and Mandalay Unit McGrath Unit Wardlaw (2001) as a potential site for The Mandalay Unit is located on both establishing a new population of The site within McGrath Beach State sides of Harbor Boulevard and north of Astragalus pycnostachyus var. Park is adjacent to McGrath Lake on the Fifth Street in the city of Oxnard, lanosissimus. In 2002, the first efforts at leeward side of the southern end of the Ventura County. On the east side of establishing a new population were lake, between the lake and Harbor Harbor Boulevard, the unit extends begun. The proximity of Mandalay State Boulevard. A second site to the north, north from Fifth Street to the Edison Beach to the extant population indicates just south of the existing camping Canal, and east from Harbor Boulevard that some natural exchange of seeds or facilities, was examined but considered to the Edison Canal. The western pollen could take place if a second unsuitable by Wilken and Wardlaw portion on Mandalay State Beach population were established at (2001) due to frequent use by the public includes the area north of Fifth Street, Mandalay State Beach. The site contains and large stands of non-native west of Harbor Boulevard, east of an most of the primary constituent vegetation. The unit covers 25 ha (62 access road that bisects the park, and elements defined for A. pycnostachyus ac), of which 14 ha (35 ac) is privately south of a point halfway between where var. lanosissimus critical habitat, owned. Harbor Boulevard crosses the Edison although Wilken and Wardlaw (2001) Of the sites they examined, Wilken Canal and Fifth Street. This unit covers note some dense cover of non-native and Wardlaw (2001) identify the 62 ha (152 ac) and is important because annuals. Also, using their five McGrath Lake area as having the best it contains the only known location parameters, Wilken and Wardlaw (2001) combination of characteristics similar to where Astragalus pycnostachyus var. ranked the Mandalay State Beach that of the extant population of lanosissimus naturally exists and one portion of this unit as one of the most Astragalus pycnostachyus var. research population. Additional area is similar to the natural occurrences of A. lanosissimus and its closest relative, A. included beyond the footprint of the pycnostachyus var. lanosissimus and pycnostachyus var. pycnostachyus extant population to provide area for the closely related A. pycnostachyus based upon five parameters (i.e., expansion of the population and to var. pycnostachyus, and hence one of dominant vegetation composed of a preserve habitat that may support the top candidates for establishing a shrub canopy less than 75 percent; important pollinators. new population. absence of competitive annual or The eastern portion of this unit is part We discussed designation of critical perennial exotic plants; water table in of a pending development called the habitat in this area with the CDPR. close proximity; soil types consistent North Shore at Mandalay. The project Because the area is currently operated with that at the site of the extant includes a 2-ha (5-ac) preserve for by that agency and is public land, there population; and native habitat Astragalus pycnostachyus var. is opportunity to work with the state to supporting pollinators). lanosissimus; however, we believe it is develop strategies to introduce The CDPR agreed to allow the CDFG unlikely that the species will persist on Astragalus pycnostachyus var. and the RSABG to establish a research the site in the long-term, despite lanosissimus and to form manageable population on this site. The effort is still proposed management measures in the reserves. in its early stages and no conclusive Memorandum of Understanding As discussed above, currently data has yet been retrieved. We also between the developer and the unoccupied areas (or those with discussed the proposed designation California Department of Fish and Game research populations) that support the with representatives of the CDPR. (CDFG), and a settlement agreement primary constituent elements are Because part of this unit is currently between the developer and the essential for the conservation of operated by the CDPR and is public California Native Plant Society. The Astragalus pycnostachyus var. land, there is opportunity to work with

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the state to develop strategies to predicted by the historical collections endangered or threatened, and with introduce Astragalus pycnostachyus and described by Skinner and Pavlik respect to its critical habitat, if any is var. lanosissimus and to form (1994), who list the known counties as designated or proposed. Regulations manageable reserves. This unit is also Ventura, Los Angeles, and Orange. The implementing this interagency one of the last known places where the regulations state that we do not cooperation provision of the Act are species was observed growing naturally, designate critical habitat in areas codified at 50 CFR part 402. Section and it is close to the extant population outside the geographic area occupied by 7(a)(4) of the Act requires Federal and shares many of the broader climatic the species unless the best available agencies to confer with us on any action and habitat features of that site. scientific and commercial data that is likely to jeopardize the continued As discussed above, currently demonstrate that the unoccupied areas existence of a proposed species or result unoccupied units (or those with are essential for the conservation needs in destruction or adverse modification research populations underway) are of the species (50 CFR 424.12(e)). We of proposed critical habitat. Conference essential for the conservation of have included it here because of the reports provide conservation Astragalus pycnostachyus var. high potential for successful recommendations to assist Federal lanosissimus because they provide establishment of a new population per agencies in eliminating conflicts that additional areas separate from the Wilken and Wardlaw’s (2001) findings. may be caused by their proposed existing population of A. pycnostachyus Also, given the limited availability of actions. The conservation measures in a var. lanosissimus into which it can be suitable sites within the known range conference report are advisory. established. We believe it is important and uncertainty surrounding the success We may issue a formal conference to have additional units to reduce the of any attempt to establish new report, if requested by the Federal action likelihood that the species may become populations of a rare plant where it does agency. Formal conference reports extinct as the result of a catastrophic not already occur, we believe this site is include an opinion that is prepared event. Additional geographically essential for the conservation of according to 50 CFR 402.14, as if the separated units can provide protection Astragalus pycnostachyus var. species was listed or critical habitat from chance events such as disease that lanosissimus. designated. We may adopt the formal can destroy the only remaining As discussed above, additional, conference report as the biological population. currently unoccupied, units (or those opinion when the species is listed or Carpinteria Salt Marsh Unit with research populations) are essential critical habitat designated, if no for the conservation of Astragalus The Carpenteria Salt Marsh Unit substantial new information or changes pycnostachyus var. lanosissimus extends from the Southern Pacific in the action alter the content of the because they provide additional areas Railroad tracks south and west to Sand opinion (50 CFR 402.10(d)). separate from the existing population Point Drive and Santa Monica Creek. It If a species is listed or critical habitat for A. pycnostachyus var. lanosissimus lies north and west of Sandyland Cove is designated, section 7(a)(2) of the Act into which it can be introduced. We Road and north of Avenue del Mar. The requires Federal agencies to ensure that believe it is extremely important to have area is identified on the U.S.G.S. 7.5- activities they authorize, fund, or carry additional units to reduce the likelihood minute Carpinteria quadrangle as ‘‘El out are not likely to jeopardize the that the species may become extinct as Estero’’ and covers 83 ha (206 ac), continued existence of such a species or the result of a catastrophic event. which is all State-owned. to destroy or adversely modify its Much of this area may be saltmarsh Additional geographically separated critical habitat. If a Federal action may habitat that is unsuitable for Astragalus units can provide protection from affect a listed species or its critical pycnostachyus var. lanosissimus; chance events such as disease that can habitat, the responsible Federal agency however, the habitats surrounding the destroy the only remaining population. (action agency) must enter into area where a research population has Effects of Critical Habitat Designation consultation with us. Through this been established may support the consultation, the Federal action agency pollinators and other ecological Section 7 Consultation would ensure that the permitted actions processes that A. pycnostachyus var. Section 7(a) of the Act requires do not destroy or adversely modify lanosissimus requires. The preliminary Federal agencies, including the Service, critical habitat. introduction of the plant occurred in a to ensure that actions they fund, If we issue a biological opinion portion of the unit near the intersection authorize, permit, or carry out do not concluding that a project is likely to of Sandyland Cove Road and the destroy or adversely modify critical result in the destruction or adverse railroad tracks. We do not have recent habitat. Destruction or adverse modification of critical habitat, we also data on the introduced plants’ status. modification of critical habitat occurs provide ‘‘reasonable and prudent Wilken and Wardlaw (2001) identify when a Federal action directly or alternatives’’ to the project, if any are this area as one of those ranking highest indirectly alters critical habitat to the identifiable. Reasonable and prudent for A. pycnostachyus var. lanosissimus extent that it appreciably diminishes the alternatives are defined at 50 CFR using the five parameters of habitat value of critical habitat for the 402.02 as alternative actions identified suitability they devised. These conservation of the species. Individuals, during consultation that can be parameters closely parallel the primary organizations, States, local governments, implemented in a manner consistent constituent elements, so we believe that and other non-Federal entities are with the intended purpose of the action, most, if not all, of the elements are affected by the designation of critical that are consistent with the scope of the represented at this site. The diverse habitat only if their actions occur on Federal agency’s legal authority and native vegetation present may support a Federal lands, require a Federal permit, jurisdiction, that are economically and good pollinator community; however, a license, or other authorization, or technologically feasible, and that the residential community is nearby and involve Federal funding. Director believes would avoid the non-native snails were observed in the Section 7(a) of the Act requires likelihood of jeopardizing the continued area. Federal agencies, including the Service, existence of listed species, or resulting This site in Santa Barbara County is to evaluate their actions with respect to in the destruction or adverse near the range of the species as any species that is proposed or listed as modification of critical habitat.

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Regulations at 50 CFR 402.16 require standard and the prohibitions of section appreciably reduced. We note that such Federal agencies to reinitiate 9 of the Act, as determined on the basis activities may also jeopardize the consultation on previously reviewed of the best available information at the continued existence of the species. actions under certain circumstances, time of the action. Critical habitat Activities that, when carried out, including instances where critical designations made on the basis of the funded, or authorized by a Federal habitat is subsequently designated and best available information at the time of agency, may directly or indirectly the Federal agency has retained designation will not control the destroy or adversely modify critical discretionary involvement or control direction and substance of future habitat of Astragalus pycnostachyus var. over the action or such discretionary recovery plans, habitat conservation lanosissimus include, but are not involvement or control is authorized by plans, or other species conservation limited to the following: law. Consequently, some Federal planning efforts if new information (1) Alteration of existing hydrology by agencies may request reinitiation of available to these planning efforts calls lowering the groundwater table through consultation or conference with us on for a different outcome. surface changes or pumping of actions for which formal consultation To properly portray the effects of groundwater, or redirection of has been completed, if those actions critical habitat designation, we must freshwater sources through diverting may affect designated critical habitat, or first compare the section 7 requirements surface waters (e.g., channelization); adversely modify or destroy proposed for actions that may affect critical (2) Compaction of soil through the critical habitat. habitat with the requirements for establishment of trails or roads; We may issue a formal conference actions that may affect a listed species. (3) Placement of structures or report if requested by a Federal agency. Section 7 ensures that actions funded, hardscape (e.g., pavement, concrete, Formal conference reports on proposed authorized, or carried out by Federal non-native rock or gravel); critical habitat contain an opinion that agencies are not likely to jeopardize the (4) Removal of native vegetation that is prepared according to 50 CFR 402.14, continued existence of a listed species, reduces native plant cover to below 50 as if critical habitat were designated. We or destroy or adversely modify the listed percent; may adopt the formal conference report species’ critical habitat. Actions likely (5) Introduction of non-native as the biological opinion when the to jeopardize the continued existence of vegetation or creation of conditions that critical habitat is designated, if no a species are those that would encourage the growth of non-natives, substantial new information or changes appreciably reduce the likelihood of the such as irrigation, landscaping, soil in the action alter the content of the species’ survival and recovery. Actions disturbance, addition of nutrients, etc.; opinion (see 50 CFR 402.10(d)). likely to destroy or adversely modify (6) Use of pesticides or other Activities on Federal lands that may critical habitat are those that would chemicals that can directly affect affect Astragalus pycnostachyus var. appreciably reduce the value of critical Astragalus pycnostachyus var. lanosissimus or its critical habitat will habitat for the survival and recovery of lanosissimus, its associated native require section 7 consultation. Activities the listed species. vegetation, or pollinators; on private or State lands requiring a Common to both definitions is an (7) Introduction of non-native snails permit from a Federal agency, such as appreciable detrimental effect on the or Argentine ants or creation of a permit from the U.S. Army Corps of recovery of a listed species. Given the conditions favorable to these species, Engineers (Corps) under section 404 of similarity of these definitions, actions through landscaping with non-native the Clean Water Act, a section likely to destroy or adversely modify groundcover plants such as iceplant, 10(a)(1)(B) permit from the Service, or critical habitat would almost always irrigation, or other activities that some other Federal action, including result in jeopardy to the species encourage populations of these non- funding (e.g., Federal Highway concerned, particularly when the area of native species that have been Administration, Environmental the proposed action is occupied by the detrimental to the existing population; Protection Agency, or Federal species concerned. Designation of (8) Activities that isolate the plants or Emergency Management Authority critical habitat in the only area occupied their populations from neighboring funding), would also be subject to the by Astragalus pycnostachyus var. vegetation or open space and thus section 7 consultation process. Federal lanosissimus is not likely to result in a interfere with ecological processes that actions not affecting listed species or regulatory requirement above that rely upon connectivity with adjacent critical habitat and actions on non- already in place due to the presence of habitat, such as maintaining pollinator Federal and private lands that are not the listed species. Designation of critical populations and seed dispersal; and Federally funded, authorized, or habitat in areas not occupied by A. (9) Soil disturbance that damages or permitted do not require section 7 pycnostachyus var. lanosissimus may interferes with the seedbank of the consultation. result in an additional regulatory species, such as discing, tilling, grading, We recognize that designation of requirement when a Federal nexus removal, or stockpiling. critical habitat may not include all of exists. Designation of critical habitat could the habitat areas that may eventually be Section 4(b)(8) of the Act requires us affect the following agencies and/or determined to be necessary for the to evaluate briefly and describe, in any actions: development on private lands recovery of the species. For these proposed or final regulation that requiring permits from Federal agencies, reasons, all should understand that designates critical habitat, those such as authorization from the Corps, critical habitat designations do not activities involving a Federal action that pursuant to section 404 of the Clean signal that habitat outside the may adversely modify such habitat or Water Act, or a section 10(a)(1)(B) designation is unimportant or may not that may be affected by such permit from the Service, or some other be required for recovery. Areas outside designation. Activities that may destroy Federal action that includes Federal the critical habitat designation will or adversely modify critical habitat funding that will subject the action to continue to be subject to conservation would be those that alter the primary the section 7 consultation process (e.g., actions that may be implemented under constituent elements to the extent that from the Federal Highway section 7(a)(1) of the Act and to the the value of critical habitat for the Administration, Federal Emergency regulatory protections afforded by the conservation of Astragalus Management Agency, or the Department section 7(a)(2) of the Act jeopardy pycnostachyus var. lanosissimus is of Housing and Urban Development);

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military activities of the U.S. Act, listed plant species may also be Public Comments Solicited Department of Defense (Navy) on their covered in an HCP for wildlife species. We intend that any final action In the event that future HCPs are lands or lands under their jurisdiction; resulting from this proposal will be as developed within the boundaries of the release or authorization of release of accurate and as effective as possible. proposed or designated critical habitat, biological control agents by the U.S. Therefore, comments or suggestions we will work with applicants to ensure Department of Agriculture; regulation of from the public, other concerned that the HCPs provide for protection and activities affecting point source governmental agencies, the scientific management of habitat areas essential pollution discharges into waters of the community, industry, or any other for the conservation of this species. This United States by the Environmental interested party concerning this Protection Agency under section 402 of will be accomplished by either directing proposed rule are hereby solicited. the Clean Water Act; construction of development and habitat modification Comments are sought particularly communication sites licensed by the to nonessential areas, or appropriately concerning: Federal Communications Commission; modifying activities within essential (1) The reasons why any habitat and authorization of Federal grants or habitat areas so that such activities will should or should not be determined to loans. Where Federally listed wildlife not adversely modify the primary be critical habitat as provided by section species occur on private lands proposed constituent elements. The HCP 4 of the Act, including whether the for development, any habitat development process would provide an benefits of designation will outweigh conservation plans (HCPs) submitted by opportunity for more intensive data any threats to the species due to the applicant to secure an incidental collection and analysis regarding the designation; take permit pursuant to section use of particular habitat areas by (2) Specific information on the 10(a)(1)(B) of the Act would be subject Astragalus pycnostachyus var. amount and distribution of Astragalus to the section 7 consultation process, a lanosissimus. The process would also pycnostachyus var. lanosissimus process that would consider all enable us to conduct detailed habitat, and what habitat is essential to federally-listed species affected by the evaluations of the importance of such HCP, including plants. lands to the long-term survival of the the conservation of the species and why; Several other species that are listed species in the context of constructing a (3) Land use designations and current under the Act have been documented to system of interlinked habitat blocks or planned activities in the subject areas occur in the same general areas as the configured to promote the conservation and their possible impacts on proposed current distribution of Astragalus of the species through application of the critical habitat; pycnostachyus var. lanosissimus. These principles of conservation biology. (4) Any foreseeable economic or other include brown pelican (Pelecanus We will provide technical assistance impacts resulting from the proposed occidentalis), western snowy plover and work closely with applicants designation of critical habitat, in (Charadrius alexandrinus nivosus), throughout the development of any particular, any impacts on small entities California least tern (Sterna antillarum future HCPs to identify lands essential or families; browni), light-footed clapper rail (Rallus for the long-term conservation of (5) Economic and other values longirostris levipes), and Cordylanthus Astragalus pycnostachyus var. associated with designating critical maritimus ssp. maritimus (salt marsh lanosissimus and appropriate habitat for Astragalus pycnostachyus bird’s beak). management for those lands. var. lanosissimus such as those derived If you have questions regarding Furthermore, we will complete intra- from non-consumptive uses (e.g., whether specific activities will likely Service consultation on our issuance of hiking, camping, bird-watching, constitute adverse modification of section 10(a)(1)(B) permits for these enhanced watershed protection, critical habitat, contact the Field HCPs to ensure permit issuance will not improved air quality, increased soil Supervisor, Ventura Fish and Wildlife destroy or adversely modify critical retention, ‘‘existence values,’’ and Office (see FOR FURTHER INFORMATION habitat. reductions in administrative costs); CONTACT section). Requests for copies of (6) The methodology we might use, Economic Analysis and Exclusions the regulations on listed wildlife and under section 4(b)(2) of the Act, in inquiries about prohibitions and permits Under Section 4(b)(2) determining if the benefits of excluding may be addressed to the U.S. Fish and Section 4(b)(2) of the Act requires that an area from critical habitat outweigh Wildlife Service, Portland Regional we designate critical habitat on the basis the benefits of specifying the area as Office, 911 NE 11th Avenue, Portland, of the best scientific and commercial critical habitat; and OR 97232–4181 (503/231–6131, FAX information available, and that we (7) Whether our approach to critical 503/231–6243). consider the economic and other habitat designation could be improved relevant impacts of designating a or modified in any way to provide for Relationship to Habitat Conservation particular area as critical habitat. We greater public participation and Plans may exclude areas from critical habitat understanding, or to assist us in Currently, no HCPs exist that include designation if the benefits of exclusion accommodating public concern and Astragalus pycnostachyus var. outweigh the benefits of designation, comments. lanosissimus as a covered species. provided the exclusion will not result in If you wish to comment, you may Section 10(a)(1)(B) of the Act authorizes the extinction of the species. submit your comments and materials us to issue permits for the take of listed We will conduct an analysis of the concerning this proposal by any one of wildlife species incidental to otherwise economic impacts of designating these several methods: (1) You may mail lawful activities. An incidental take proposed areas as critical habitat prior comments to the Field Supervisor at the permit application must be supported to a final determination. When address provided in the ADDRESSES by an HCP that identifies conservation completed, we will announce the section above; (2) You may also measures that the permittee agrees to availability of the draft economic comment via the Internet to implement for the species to minimize analysis with a notice in the Federal [email protected]. Please and mitigate the impacts of the Register, and we will open a comment submit internet comments as an ASCII permitted incidental take. Although take period on the draft economic analysis file avoiding the use of special of listed plants is not prohibited by the and the proposed rule at that time. characters and any form of encryption.

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Please also include ‘‘Attn: RIN–1018– Public Hearings analysis will be available for public AI21’’ and your name and return The Endangered Species Act provides comment before finalizing this address in your internet message. If you for one or more public hearings on this designation. The availability of the draft do not receive a confirmation from the proposal, if requested. Requests must be economic analysis will be announced in system that we have received your received within 45 days of the date of the Federal Register. internet message, contact us directly by publication of the proposal in the Regulatory Flexibility Act (5 U.S.C. 601 calling our Ventura Fish and Wildlife Federal Register. Such requests must be et seq.) Office at phone number 805–644–1766. made in writing and be addressed to the This discussion is based upon the Please note that the Internet address Field Supervisor (see ADDRESSES information regarding potential [email protected] will be section). We will schedule public economic impact that is available to the closed out at the termination of the hearings on this proposal, if any are Service at this time. This assessment of public comment period; (3) You may requested, and announce the dates, economic effect may be modified prior hand-deliver comments to our Ventura times, and places of those hearings in to final rulemaking based upon Fish and Wildlife Office (see ADDRESSES the Federal Register and local development and review of the section above). newspapers at least 15 days prior to the economic analysis being prepared Our practice is to make comments, first hearing. including names and home addresses of pursuant to section 4(b)(2) of the Act respondents, available for public review Clarity of the Rule and E.O. 12866. This analysis is for the purposes of compliance with the during regular business hours. Executive Order 12866 requires each Regulatory Flexibility Act and does not Individual respondents may request that agency to write regulations and notices reflect the position of the Service on the we withhold their home address from that are easy to understand. We invite type of economic analysis required by the rulemaking record, which we will your comments on how to make this New Mexico Cattle Growers Assn. v. honor to the extent allowable by law. proposed rule easier to understand, U.S. Fish & Wildlife Service, 248 F.3d There also may be circumstances in including answers to questions such as the following: (1) Are the requirements 1277 (10th Cir. 2001). which we would withhold from the Under the Regulatory Flexibility Act in the proposed rule clearly stated? (2) rulemaking record a respondent’s (5 U.S.C. 601 et seq., as amended by the Does the proposed rule contain identity, as allowable by law. If you Small Business Regulatory Enforcement technical jargon that interferes with the wish us to withhold your name and/or Fairness Act (SBREFA) of 1996), clarity? (3) Does the format of the address, you must state this whenever an agency is required to proposed rule (grouping and order of prominently at the beginning of your publish a notice of rulemaking for any comment. However, we will not the sections, use of headings, proposed or final rule, it must prepare consider anonymous comments. We paragraphing, etc.) aid or reduce its and make available for public comment will make all submissions from clarity? (4) Is the description of the a regulatory flexibility analysis that SUPPLEMENTARY organizations or businesses, and from notice in the describes the effects of the rule on small individuals identifying themselves as INFORMATION section of the preamble entities (i.e., small businesses, small representatives or officials of helpful in understanding the notice? (5) organizations, and small government organizations or businesses, available What else could we do to make this jurisdictions). However, no regulatory for public inspection in their entirety. proposed rule easier to understand? flexibility analysis is required if the Comments and materials received will Send a copy of any comments that head of the agency certifies the rule will be available for public inspection, by concern how we could make this notice not have a significant economic impact appointment, during normal business easier to understand to: Office of on a substantial number of small hours at the above address. Regulatory Affairs, Department of the entities. SBREFA amended the Interior, Room 7229, 1849 C Street, Peer Review Regulatory Flexibility Act to require NW., Washington, DC 20240. You may Federal agencies to provide a statement In accordance with our policy e-mail your comments to this address: of the factual basis for certifying that a published on July 1, 1994 (59 FR [email protected]. rule will not have a significant 34270), we will solicit the expert Required Determinations economic effect on a substantial number opinions of at least three appropriate of small entities. SBREFA also amended and independent specialists regarding Regulatory Planning and Review the Regulatory Flexibility Act to require this proposed rule. The purpose of such In accordance with Executive Order a certification statement. In today’s rule, review is to ensure listing decisions are 12866, this document is a significant we are certifying that this rule will not based on scientifically sound data, rule and was reviewed by the Office of have a significant effect on a substantial assumptions, and analyses. We will Management and Budget (OMB). The number of small entities. The following send these peer reviewers copies of this Service is preparing a draft economic discussion explains our rationale. proposed rule immediately following analysis of this proposed action. The According to the Small Business publication in the Federal Register. We Service will use this analysis to meet Administration (http://www.sba.gov/ will invite these peer reviewers to the requirement of section 4(b)(2) of the size/), small entities include small comment, during the public comment Act to determine the economic organizations, such as independent non- period, on the specific assumptions and consequences of designating the specific profit organizations, and small conclusions regarding the proposed areas as critical habitat and excluding governmental jurisdictions, including designation of critical habitat. any area from critical habitat if it is school boards and city and town We will consider all comments and determined that the benefits of such governments that serve fewer than information received during the 60-day exclusion outweigh the benefits of 50,000 residents, as well as small comment period on this proposed rule specifying such areas as part of the businesses. Small businesses include during preparation of a final critical habitat, unless failure to manufacturing and mining concerns rulemaking. Accordingly, the final designate such area as critical habitat with fewer than 500 employees, determination may differ from this will lead to the extinction of Astragalus wholesale trade entities with fewer than proposal. pycnostachyus var. lanosissimus. This 100 employees, retail and service

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businesses with less than $5 million in agencies or their applicants where the to jeopardize the continued existence of annual sales, general and heavy species is present because conservation a species or adversely modify its critical construction businesses with less than already would be required due to the habitat, we can offer ‘‘reasonable and $27.5 million in annual business, presence of a listed species. prudent alternatives.’’ Reasonable and special trade contractors doing less than In unoccupied areas, or areas of prudent alternatives are alternative $11.5 million in annual business, and uncertain occupancy, designation of actions that can be implemented in a agricultural businesses with annual critical habitat could trigger additional manner consistent with the scope of the sales less than $750,000. To determine review of Federal activities under Federal agency’s legal authority and if potential economic impacts to these section 7 of the Act, and may result in jurisdiction, that are economically and small entities are significant, we additional requirements on Federal technologically feasible, and that would consider the types of activities that activities to avoid destroying or avoid jeopardizing the continued might trigger regulatory impacts under adversely modifying critical habitat. existence of listed species or resulting in this rule as well as the types of project Because Astragalus pycnostachyus var. adverse modification of critical habitat. modifications that may result. In lanosissimus has only been listed since A Federal agency and an applicant may general, the term ‘‘significant economic June 2001, there have been no formal elect to implement a reasonable and impact’’ is meant to apply to a typical consultations involving the species. prudent alternative associated with a small business firm’s business Therefore, for the purposes of this biological opinion that has found operations. review and certification under the jeopardy or adverse modification of In determining whether this rule Regulatory Flexibility Act, we are critical habitat. An agency or applicant could ‘‘significantly affect a substantial assuming that any future consultations could alternatively choose to seek an number of small entities,’’ we consider in the areas proposed for critical habitat exemption from the requirements of the the number of small entities affected which are considered unoccupied will Act or proceed without implementing within particular types of economic be due to the critical habitat the reasonable and prudent alternative. activities and whether critical habitat designation. Should a federally funded, However, unless an exemption were could potentially affect a ‘‘substantial permitted, or implemented project be obtained, the Federal agency or number’’ of small entities in counties proposed that may affect designated applicant would be at risk of violating supporting critical habitat areas. While critical habitat, we will work with the section 7(a)(2) of the Act if it chose to SBREFA does not explicitly define Federal action agency and any proceed without implementing the ‘‘substantial number,’’ the Small applicant, through section 7 reasonable and prudent alternatives. Business Administration, as well as consultation, to identify ways to Second, if we find that a proposed other Federal agencies, have interpreted implement the proposed project while action is not likely to jeopardize the this to represent an impact on 20 minimizing or avoiding any adverse continued existence of a listed animal percent or greater of the number of effect to the species or critical habitat. species, we may identify reasonable and small entities in any industry. In some In our experience, the vast majority of prudent measures designed to minimize circumstances, especially with critical such projects can be successfully the amount or extent of take and require habitat designations of limited extent, implemented with at most minor the Federal agency or applicant to we may aggregate across all industries changes that avoid significant economic implement such measures through non- and consider whether the total number impacts to project proponents. discretionary terms and conditions. of small entities affected is substantial. The majority of the areas proposed for However, the Act does not prohibit the In estimating the numbers of small critical habitat are state-managed public take of listed plant species or require entities potentially affected, we also lands, for which projected land uses are terms and conditions to minimize considered whether their activities have resource protection, recreation, adverse effect to critical habitat. We may any Federal involvement. Designation of research, and education. Additionally, also identify discretionary conservation critical habitat only affects activities the private lands under consideration recommendations designed to minimize conducted, funded, or permitted by include the proposed North Shore or avoid the adverse effects of a Federal agencies. Some kinds of development in the Mandalay unit. On proposed action on listed species or activities are unlikely to have any non-federal lands, activities that lack critical habitat, help implement Federal involvement and so will not be federal involvement would not be recovery plans, or develop information affected by critical habitat designation. affected by the critical habitat that could contribute to the recovery of Designation of critical habitat only designation. Activities of an economic the species. affects activities conducted, funded, or nature that are likely to occur on non- Based on our experience with section permitted by Federal agencies; non- federal lands in the area encompassed 7 consultations for all listed species, Federal activities are not affected by the by this proposed designation are virtually all projects—including those designation if they lack a Federal nexus. primarily commercial or residential that, in their initial proposed form, In areas where the species is present, development. None of the developments would result in jeopardy or adverse Federal agencies funding, permitting, or recently approved by the local modification determinations in section implementing activities are already jurisdictions have any Federal 7 consultations—can be implemented required to avoid jeopardizing the involvement, and we are not aware of a successfully with, at most, the adoption continued existence of Astragalus significant number of future activities of reasonable and prudent alternatives. pycnostachyus var. lanosissimus on any of the proposed units that would These measures, by definition, must be through consultation with us under require Federal permitting or economically feasible and within the section 7 of the Act. If this critical authorization; therefore, we conclude scope of authority of the Federal agency habitat designation is finalized, Federal that the proposed rule would not affect involved in the consultation. As we agencies must also ensure that their a substantial number of small entities. have no consultation history for activities do not destroy or adversely In general, two different mechanisms Astragalus pycnostachyus var. modify designated critical habitat in section 7 consultations could lead to lanosissimus, we can only describe the through consultation with us. However, additional regulatory requirements. general kinds of actions that may be we do not believe this will result in any First, if we conclude, in a biological identified in future reasonable and additional regulatory burden on Federal opinion, that a proposed action is likely prudent alternatives. These are based on

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our understanding of the needs of the designations; however, one unit is the Unfunded Mandates Reform Act (2 species and the threats it faces, entirely State-owned and the burden of U.S.C. 1501 et seq.). especially as described in the final consultation should not cause economic Takings listing rule and in this proposed critical hardship on private entities. habitat designation, as well as our Efforts to establish Astragalus In accordance with Executive Order experience with similar listed plants in pycnostachyus var. lanosissimus on 12630 (‘‘Government Actions and California. In addition, the State of unoccupied sites would be mostly Interference with Constitutionally California listed A. pycnostachyus var. funded by Federal, State, and non- Protected Private Property Rights’’), we lanosissimus as an endangered species governmental organizations, and would have analyzed the potential takings under the California Endangered likely not require private funding. implications of proposing to designate Species Act of 1978, and we have also Consequently, we believe that the approximately 170 ha (420 ac) of lands considered the kinds of actions required economic effects of the proposed rule in Santa Barbara and Ventura counties, through State consultations for this for A. pycnostachyus var. lanosissimus California as critical habitat for species. The kinds of actions that may are likely to be minimal, similar to those Astragalus pycnostachyus var. be included in future reasonable and identified for Chorizanthe robusta var. lanosissimus in a takings implications prudent alternatives include hartwegii. assessment. This preliminary conservation set-asides, management of In summary, we have concluded that assessment concludes that this proposed competing non-native species, this proposed rule would not result in rule does not pose significant takings restoration of degraded habitat, a significant economic effect on a implications. substantial number of small entities. construction of protective fencing, and Federalism regular monitoring. These measures are The proposed designation includes one not likely to result in a significant privately-owned parcel for which a In accordance with Executive Order economic impact to project proponents. project has been proposed and for 13132, this rule does not have As required under section 4(b)(2) of which there is no Federal involvement significant Federalism effects. A the Act, we will conduct an analysis of or section 7 consultation required. This Federalism assessment is not required. the potential economic impacts of this rule would result in project In keeping with Department of the proposed critical habitat designation, modifications only when proposed Interior policy, we requested and will make that analysis available for Federal activities would destroy or information from, and coordinated public review and comment before adversely modify critical habitat. While development of this critical habitat finalizing this designation. However, this may occur, it is not expected to designation with, appropriate State court deadlines require us to publish affect any small entities. Even if a small resource agencies in California. The this proposed rule before the economic entity is affected, we do not expect it to designation of critical habitat in areas analysis can be completed. In the result in a significant economic impact, currently occupied by Astragalus absence of this economic analysis, we as the measures included in reasonable pycnostachyus var. lanosissimus have reviewed our previously published and prudent alternatives must be imposes no additional restrictions analyses of the likely economic impacts economically feasible and consistent beyond those currently in place and, of designating critical habitat for other with the proposed action. The kinds of therefore, has little incremental impact California plant species, such as measures we anticipate we would on State and local governments and Chorizanthe robusta var. hartwegii recommend can usually be their activities. The designation of (Scotts Valley spineflower). Like implemented at low cost. Therefore, we critical habitat in unoccupied areas may Astragalus pycnostachyus var. are certifying that the proposed require consultation under section 7 of lanosissimus, C. robusta var. hartwegii designation of critical habitat for the Act on non-Federal lands (where a is a native species restricted to certain Astragalus pycnostachyus var. Federal nexus occurs) that might specific habitat types along the coast of lanosissimus will not have a significant otherwise not have occurred. California and may require similar economic impact on a substantial The designation may have some protective and conservation measures. number of small entities, and an initial benefit to the CDPR in that the areas C. robusta var. hartwegii also occurs regulatory flexibility analysis is not essential to the conservation of this close to the coast, in an area required. species are more clearly defined, and experiencing residential and the primary constituent elements of the commercial development pressure. Our Executive Order 13211 habitat necessary to the survival of this high-end estimate of the economic On May 18, 2001, the President issued species are specifically identified. While effects of designating one critical habitat an Executive Order (E.O. 13211) on this definition and identification does unit of C. robusta var. hartwegii ranged regulations that significantly affect not alter where and what Federally from $82,500 to $287,500 over ten years. energy supply, distribution, and use. sponsored activities may occur, it may We believe that the economic effects Executive Order 13211 requires agencies assist local governments in long-range of the proposed rule for Astragalus to prepare Statements of Energy Effects planning (rather than waiting for case- pycnostachyus var. lanosissimus will be when undertaking certain actions. by-case section 7 consultations to less than those identified for other Although this rule is a significant occur). California plant critical habitat regulatory action under Executive Order Civil Justice Reform designations, such as Chorizanthe 12866, it is not expected to significantly robusta var. hartwegii, because there is affect energy supplies, distribution, or In accordance with Executive Order limited private land involved and the use. Therefore, this action is not a 12988, the Department of the Interior’s plant occurs naturally in only one of the significant energy action and no Office of the Solicitor has determined proposed units. The designation of Statement of Energy Effects is required. that this rule does not unduly burden critical habitat in areas not occupied by the judicial system and does meet the A. pycnostachyus var. lanosissimus Unfunded Mandates Reform Act (2 requirements of sections 3(a) and 3(b)(2) could result in extra costs involved with U.S.C. 1501 et seq.) of the Order. We are proposing to consultations that may not have The Service will use the economic designate critical habitat in accordance occurred were it not for the analysis to evaluate consistency with with the provisions of the Endangered

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Species Act. The rule uses standard determination was published in the Author property descriptions and identifies the Federal Register on October 25, 1983 The primary author of this proposed primary constituent elements within the (48 FR 49244). This proposed rule does rule is Rick Farris, Ventura Fish and designated areas to assist the public in not constitute a major Federal action Wildlife Office (see ADDRESSES section). understanding the habitat needs of significantly affecting the quality of the Astragalus pycnostachyus var. human environment. List of Subjects in 50 CFR Part 17 lanosissimus. Government-to-Government Endangered and threatened species, Paperwork Reduction Act of 1995 (44 Relationship With Tribes Exports, Imports, Reporting and U.S.C. 3501 et seq.) recordkeeping requirements, In accordance with the President’s This rule does not contain any new Transportation. memorandum of April 29, 1994, collections of information that require ‘‘Government-to-Government Relations Proposed Regulation Promulgation approval by OMB under the Paperwork With Native American Tribal Reduction Act. This rule will not Accordingly, the Service hereby Governments’’ (59 FR 22951), Executive impose recordkeeping or reporting proposes to amend part 17, subchapter Order 13175, and the Department of the requirements on State or local B of chapter I, title 50 of the Code of Interior’s manual at 512 DM 2, we governments, individuals, businesses, or Federal Regulations, as set forth below: readily acknowledge our responsibility organizations. An agency may not to communicate meaningfully with conduct or sponsor, and a person is not PART 17—[AMENDED] required to respond to, a collection of Federally recognized Tribes on a Government-to-Government basis. The 1. The authority citation for part 17 information unless it displays a continues to read as follows: currently valid OMB control number. proposed designation of critical habitat for Astragalus pycnostachyus var. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. National Environmental Policy Act lanosissimus does not contain any 1531–1544; 16 U.S.C. 4201–4205; Pub. L. 99– We have determined that an Tribal lands or lands that we have 625, 100 Stat. 3500, unless otherwise noted. Environmental Assessment and/or an identified as impacting Tribal trust 2. In § 17.12(h) revise the entry for Environmental Impact Statement as resources. Astragalus pycnostachyus var. defined by the National Environmental References Cited lanosissimus under ‘‘FLOWERING Policy Act of 1969 need not be prepared PLANTS’’ to read as follows: in connection with regulations adopted A complete list of all references cited pursuant to section 4(a) of the herein, as well as others, is available § 17.12 Endangered and threatened plants. Endangered Species Act, as amended. A upon request from the Ventura Fish and * * * * * notice outlining our reason for this Wildlife Office (see ADDRESSES section). (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Astragalus Ventura marsh milk- U.S.A. (CA) ...... Fabaceae—Pea ...... E 708 17.96(b) NA pycnostachyus vetch. var. lanosissimus.

3. In § 17.96, amend paragraph (a) by Lotus scoparius, and Ericameria airport runways and buildings, other adding an entry for Astragalus ericoides; paved areas, lawns, and other urban pycnostachyus var. lanosissimus in (ii) Low densities of non-native landscaped areas not containing one or alphabetical order under Family annual plants and shrubs, not exceeding more of the primary constituent Fabaceae to read as follows: 25 percent cover (combined with the elements. minimum 50 percent native cover (4) Critical Habitat Map Units. § 17.96 Critical habitat—plants. requirement, total cover of natives and (i) Data layers defining map units (a) * * * non-natives should not exceed 75 were created on a base of USGS 7.5′ Family Fabaceae: Astragalus percent); quadrangles, and proposed critical pycnostachyus var. lanosissimus (iii) The presence of a high water habitat units were then mapped using (Ventura marsh milk-vetch). table, either fresh or brackish, as Universal Transverse Mercator (UTM) (1) Critical habitat units are depicted evidenced by the presence of channels, coordinates. for Santa Barbara and Ventura counties, sloughs, or depressions that may (5) McGrath and Mandalay Units. California, on the maps below. support stands of Salix lasiolepis, Ventura County, California. (2) The primary constituent elements Typha spp., and Scirpus spp.; (i) Mandalay Unit A. From USGS of critical habitat for Astragalus (iv) Soils that are fine-grained, 1:24,000 quadrangle map Oxnard, lands pycnostachyus var. lanosissimus are the composed primarily of sand with some bounded by the following UTM zone 11 habitat components that provide: clay and silt, yet are well-drained; and NAD83 coordinates (E,N): 293381, (i) Vegetation cover of at least 50 (v) Soils that do not exhibit a white 3786370; 293036, 3787170; 292994, percent but not exceeding 75 percent, crystalline crust that would indicate 3787290; 292974, 3787330; 292995, consisting primarily of known saline or alkaline conditions. 3787330; 293017, 3787330; 293122, associated native species, including but (3) Critical habitat does not include 3787270; 293269, 3787190; 293331, not limited to, Baccharis salicifolia, existing features and structures, such as 3787150; 293362, 3787140; 293399, Baccharis pilularis, Salix lasiolepis, buildings, roads, aqueducts, railroads, 3787130; 293570, 3787080; 293640,

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3787050; 293665, 3787040; 293686, NAD83 coordinates (E,N): 292406, 3788070; 292326, 3788090; 292322, 3787020; 293699, 3786990; 293707, 3788600; 292474, 3788440; 292752, 3788120; 292313, 3788150; 292310, 3786960; 293701, 3786620; 293713, 3787790; 292716, 3787780; 292704, 3788170; 292312, 3788230; 292309, 3786580; 293732, 3786540; 293760, 3787770; 292702, 3787770; 292717, 3788250; 292301, 3788260; 292302, 3786520; 293851, 3786460; 293903, 3787730; 292718, 3787720; 292715, 3788280; 292304, 3788290; 292308, 3786420; 293928, 3786380; 293936, 3787710; 292692, 3787680; 292725, 3788300; 292311, 3788320; 292307, 3786360; 293381, 3786370. 3787600; 292530, 3787600; 292415, 3788330; 292308, 3788350; 292310, (ii) Mandalay Unit B. From USGS 3787630; 292394, 3787670; 292400, 3788380; 292310, 3788390; 292310, 1:24,000 quadrangle map Oxnard, lands 3787690; 292403, 3787710; 292407, 3788400; 292311, 3788420; 292306, bounded by the following UTM zone 11 3787720; 292412, 3787770; 292412, 3788450; 292305, 3788480; 292301, 3787800; 292412, 3787820; 292409, NAD83 coordinates (E,N): 293352, 3788490; 292295, 3788500; 292297, 3786380; 293044, 3786380; 292798, 3787840; 292401, 3787900; 292375, 3788520; 292304, 3788550; 292306, 3786960; 292761, 3787040; 293070, 3787940; 292348, 3787960; 292338, 3788560; 292406, 3788600. 3787030; 293352, 3786380. 3787980; 292338, 3788000; 292343, (iii) McGrath Unit. From USGS 3788010; 292353, 3788030; 292358, (iv) Map of McGrath and Mandalay 1:24,000 quadrangle map Oxnard, lands 3788040; 292360, 3788050; 292360, Units Follows: bounded by the following UTM zone 11 3788060; 292354, 3788070; 292338, BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(6) Carpinteria Salt Marsh. Santa 267588, 3809470; 267654, 3809440; (iv) Carpinteria Salt Marsh Unit D. Barbara and Ventura counties, 267708, 3809400; 267767, 3809360; Ventura County, California. From USGS California. 267755, 3809360; 267733, 3809360; 1:24,000 quadrangle map Carpinteria, (i) Carpinteria Salt Marsh Unit A. 267710, 3809360; 267684, 3809360; lands bounded by the following UTM Santa Barbara County, California. From 267662, 3809340; 267638, 3809310; zone 11 NAD83 coordinates (E,N): USGS 1:24,000 quadrangle map 267621, 3809290; 267602, 3809270; 266801, 3809220; 266818, 3809220; Carpinteria, lands bounded by the 267587, 3809240; 267577, 3809220; 266839, 3809220; 266859, 3809220; following UTM zone 11 NAD83 267563, 3809180; 267555, 3809150; 266883, 3809220; 266912, 3809220; coordinates (E,N): 266039, 3810060; 267544, 3809120; 267526, 3809100; 266939, 3809230; 266960, 3809230; 266166, 3810060; 266335, 3810050; 267504, 3809090; 267480, 3809080; 266988, 3809230; 267008, 3809230; 266449, 3810040; 266521, 3810040; 267458, 3809080; 267434, 3809090; 267025, 3809220; 267044, 3809210; 266572, 3810030; 266621, 3810010; 267413, 3809100; 267387, 3809110; 267062, 3809200; 267085, 3809180; 266711, 3809980; 266784, 3809950; 267357, 3809120; 267342, 3809130; 267105, 3809170; 267127, 3809150; 266912, 3809880; 267485, 3809530; 267318, 3809140; 267270, 3809140; 267149, 3809140; 267171, 3809130; 267463, 3809500; 267453, 3809470; 267275, 3809160; 267291, 3809170; 267428, 3809440; 267403, 3809390; 267303, 3809190; 267309, 3809210; 267190, 3809120; 267211, 3809120; 267381, 3809360; 267343, 3809300; 267319, 3809220; 267342, 3809240; 267239, 3809120; 267262, 3809120; 267290, 3809250; 267255, 3809190; 267365, 3809260; 267384, 3809280; 267290, 3809120; 267312, 3809120; 267243, 3809170; 267214, 3809160; 267411, 3809330; 267435, 3809360; 267331, 3809110; 267323, 3809100; 267185, 3809170; 267148, 3809200; 267454, 3809390; 267469, 3809420; 267314, 3809090; 267305, 3809080; 267094, 3809240; 267058, 3809260; 267490, 3809470; 267508, 3809490; 267294, 3809060; 267290, 3809060; 267023, 3809260; 266973, 3809260; 267531, 3809510. 267279, 3809060; 267271, 3809060; 266932, 3809250; 266889, 3809250; (iii) Carpinteria Salt Marsh Unit C. 267258, 3809070; 267240, 3809070; 266813, 3809250; 266793, 3809260; Santa Barbara County, California. From 267223, 3809070; 267208, 3809070; 266772, 3809270; 266720, 3809290; USGS 1:24,000 quadrangle map 267190, 3809080; 267169, 3809090; 266690, 3809300; 266655, 3809310; Carpinteria, lands bounded by the 267147, 3809100; 267125, 3809100; 266644, 3809330; 266645, 3809350; following UTM zone 11 NAD83 267099, 3809100; 267079, 3809110; 266602, 3809360; 266580, 3809380; coordinates (E,N): 267638, 3809260; 267061, 3809120; 267047, 3809140; 266544, 3809420; 266498, 3809480; 267658, 3809240; 267668, 3809240; 267029, 3809150; 267022, 3809160; 266456, 3809530; 266408, 3809590; 267775, 3809120; 267611, 3808980; 267012, 3809170; 266993, 3809170; 266356, 3809650; 266320, 3809690; 267584, 3808950; 267538, 3808970; 266970, 3809180; 266940, 3809180; 266264, 3809750; 266206, 3809810; 267516, 3808980; 267504, 3808960; 266912, 3809180; 266883, 3809190; 266162, 3809860; 266122, 3809900; 267488, 3808950; 267462, 3808960; 266862, 3809190; 266843, 3809180; 266081, 3809940; 266053, 3809960; 267437, 3808980; 267408, 3809010; 266823, 3809180; 266810, 3809180; 266042, 3809980; 266033, 3809990; 267386, 3809020; 267354, 3809040; 266795, 3809180; 266787, 3809180; 267344, 3809070; 267320, 3809080; 266032, 3810010; 266037, 3810060; 266781, 3809190; 266775, 3809200; 267337, 3809110; 267410, 3809070; 266039, 3810060. 266773, 3809210; 266776, 3809220; (ii) Carpinteria Salt Marsh Unit B. 267443, 3809060; 267461, 3809050; 266783, 3809220; 266791, 3809230; Santa Barbara County, California. From 267487, 3809050; 267513, 3809060; USGS 1:24,000 quadrangle map 267532, 3809070; 267548, 3809080; 266801, 3809220. Carpinteria, lands bounded by the 267564, 3809100; 267576, 3809120; (v) Map of Carpinteria Salt Marsh following UTM zone 11 NAD83 267600, 3809170; 267613, 3809210; Unit Follows: coordinates (E,N): 267531, 3809510; 267627, 3809250; 267638, 3809260. BILLING CODE 4310–55–P

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* * * * * Dated: September 30, 2002. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 02–25372 Filed 10–8–02; 8:45 am] BILLING CODE 4310–55–C

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Notices Federal Register Vol. 67, No. 196

Wednesday, October 9, 2002

This section of the FEDERAL REGISTER Agricultural Research Service Total Burden Hours: 725. contains documents other than rules or proposed rules that are applicable to the Title: Information Collection for National Agricultural Statistics Service Document Delivery Services. public. Notices of hearings and investigations, Title: Egg, Chicken, and Turkey committee meetings, agency decisions and OMB Control Number: 0518–0027. Summary of Collection: The National Surveys. rulings, delegations of authority, filing of OMB Control Number: 0535–0004. petitions and applications and agency Agricultural Library (NAL) accepts Summary of Collection: The primary statements of organization and functions are requests from libraries and other function of the National Agricultural examples of documents appearing in this organizations in accordance with the section. Statistics Service (NASS) is to prepare national and international interlibrary and issue current official State and loan code and guidelines. In its national national estimates of crop and livestock role, NAL collects and supplies copies DEPARTMENT OF AGRICULTURE production. Thousands of farmers, or loans of agricultural materials not ranchers, agribusinesses and others found elsewhere. 7 USC 3125a and 7 Submission for OMB Review; voluntarily respond to nationwide CFR 505 gives NAL the authority to Comment Request surveys about crops, livestock, prices, collect this information. NAL provides and other agricultural activities. October 3, 2002. photocopies and loans of materials Estimates of egg, chicken, and turkey directly to USDA staff, other Federal The Department of Agriculture has production are an integral part of this agencies, libraries and other submitted the following information program. General authority for these institutions, and indirectly to the public collection requirement(s) to OMB for data collection activities is granted through their libraries. The Library review and clearance under the under U.S. Code Title 7, Section 2204. charges for some of these activities Paperwork Reduction Act of 1995, This statute specifies ‘‘The Secretary of through a fee schedule. In order to fill Public Law 104–13. Comments Agriculture shall procure and preserve a request for reproduction or loan of regarding (a) whether the collection of all information concerning agriculture items the library must have the name, information is necessary for the proper which she can obtain * * * by the mailing address, phone number, and performance of the functions of the collection of statistics * * * and shall patron ID number of the respondent agency, including whether the distribute them among agriculturists’’. initiating and request, and depending information will have practical utility; Information published from the surveys on the method of delivery, may require (b) the accuracy of the agency’s estimate in this docket is needed by USDA a fax number, e-mail address, or Ariel IP of burden including the validity of the economists and government policy address. The collected information is methodology and assumptions used; (c) makers to ensure the orderly marketing used to deliver the material to the ways to enhance the quality, utility and of broilers, turkeys and eggs. respondent, bill for and track payment clarity of the information to be Need and Use of the Information: of applicable fees, monitor the return to collected; (d) ways to minimize the Statistics on these poultry products NAL of loaned material, identify and burden of the collection of information contribute to a comprehensive program locate the requested material in NAL on those who are to respond, including of keeping the government and poultry collections, and determine whether the through the use of appropriate industry abreast of anticipated changes. respondent consents to the fees charged automated, electronic, mechanical, or All of the poultry reports are used by by NAL. other technology should be addressed producers, processors, feed dealers, and Need and Use of the Information: The others in the marketing and supply to: Desk Officer for Agriculture, Office information collected is used by NAL of Information and Regulatory Affairs, channels as a basis for their production document delivery staff to identify the and marketing decisions. Office of Management and Budget protocol for processing the request. The (OMB), Washington, DC 20503 and to Description of Respondents: Farms, information collected determines Business or other for profit. Departmental Clearance Office, USDA, whether the respondent is charged or OCIO, Mail Stop 7602, Washington, DC Number of Respondents: 3,149. exempt from any charges and what Frequency of Responses: Reporting: 20250–7602. Comments regarding these process the recipient uses to make information collections are best assured Weekly; Monthly; Annually. payment if the request is chargeable. Total Burden Hours: 3,133. of having their full effect if received The information provided is also used within 30 days of this notification. by staff to process/package the National Agricultural Statistics Service Copies of the submission(s) may be reproduction or loan for delivery. Title: Agricultural Labor Survey. obtained by calling (202) 720–8681. Without the requested information NAL OMB Control Number: 0535–0109. An agency may not conduct or has no way to locate and deliver the Summary of Collection: The 1938 sponsor a collection of information loan or reproduction to the respondent, Agricultural Adjustment Act, as unless the collection of information and thus cannot meet its mandate to amended in 1948, requires wage rate displays a currently valid OMB control supply agricultural material. data for computation of an index number and the agency informs Description of Respondents: Federal component. This component is used in potential persons who are to respond to Government; Not-for-profit institutions; calculation of parity prices. National the collection of information that such State, Local or Tribal Government; Agricultural Statistics Service (NASS) persons are not required to respond to Business or other for-profit. primary function is to prepare and issue the collection of information unless it Number of Respondents: 2500. State and national estimates of crop and displays a currently valid OMB control Frequency of Responses: Reporting: livestock production, disposition, and number. on occasion. prices. The Agricultural Labor Survey

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provides employment data for equitable other for-profit; Not-for-profit Disease prevention is the most effective allocation and distribution of these institutions; Federal Government; State, method for maintaining a healthy funds to where seasonal workers need Local or Tribal Government. animal population and enhancing the housing and education. The survey is Number of Respondents: 1,100,000. Animal & Plant Health Inspection the only timely and reliable source of Frequency of Responses: Reporting: Service (APHIS) ability to compete in information on the size of the farm On occasion. exporting animals and animal products. worker population. NASS will collect Total Burden Hours: 1,331,000. Veterinary Services, a division within information using a survey. Rural Housing Service USDA’s Animal and Plant Health Need and Use of the Information: Inspection Service (APHIS), is NASS will collect information on wage Title: 7 CFR 3575–A, ‘‘Community responsible for administering rate estimates and the year-to-year Program Guaranteed Loans’’. regulations intended to prevent the changes in these rates and how changes OMB Control Number: 0575–0137. introduction of animal diseases, such as in wage rates help measure the changes Summary of Collection: The Rural exotic Newcastle disease into the United in costs of production of major farm Housing Service (RHS) is authorized by States. APHIS currently has regulations commodities. Farm worker Section 306 of the Consolidated Farm in place that restrict the importation of organizations, private and government and Rural Development Act (7 U.S.C. poultry meat and other poultry products agencies will use agricultural labor data 1926) to make loans to public agencies, from Mexico due to the presence of for the planning and placement of farm nonprofit corporations, and Indian exotic Newcastle disease in the country. workers, in determining immigration tribes for the development of essential However, APHIS does allow the policies and to measure the availability community facilities primarily serving importation of poultry meat and poultry of farm workers across the Nation. rural residents. The Community products from the Mexican States of Description of Respondents: Farm. Facilities Division of the RHS is Sinaola and Sonora because they have Number of Respondents: 12,425. considered community Programs under determined that poultry meat and Frequency of Responses: Reporting: the 7 CFR, part 3575, subpart A. products from these two Mexican States Quarterly. Implementation of the Community pose a negligible risk of introducing Total Burden Hours: 10,608. Programs guaranteed loans program was exotic Newcastle disease into the United effected to comply with the Farm Service Agency States. To ensure that these items are Appropriations Act of 1990 when safe for importation, APHIS requires Title: USDA Registration Form to Congress allocated funds for this that certain data appear on the foreign Request Electronic Access Code. authority. The guaranteed loan program OMB Control Number: 0560–0219. meat inspection certificate that encourages lender participation and accompanies that poultry meat and Summary of Collection: The USDA provides specific guidance in the County Base Agency’s (CBA) have other poultry products from Sinaloa and processing and servicing of guaranteed Sonora to the United Stats. APHIS also developed a management and technical Community Facilities loans. RHS will process that addresses user requires that serial numbered seals be collect information using several forms. applied to containers carrying the authentication and authorization Need and Use of the Information: prerequisites for providing services poultry meat and other poultry RHS will collect information to products. electronically. The process provides an determine applicant/borrower Need and Use of the Information: electronic alternative to traditional ink eligibility, project feasibility, and to APHIS will collect information to certify signatures. The process is based on a ensure borrowers operate on a sound that the poultry meat or other poultry one-time registration requirement for basis and use loan funds for authorized products were (1) derived from poultry each CBA customer desiring access to purposes. Failure to collect proper born and raised in commercial breeding any on-line services that require user information could result in improper establishments in Sinaloa and Sonora; authentication. The information determination of eligibility, improper (2) derived from poultry that were collected on form AD–2016, USDA use of funds, and/or unsound loans. slaughtered in Sinaloa or Sonora in a Registration Form to Request Electronic Description of Respondents: Not-for- Federally-inspected slaughter plant Access Code, is necessary to enable the profit institutions; State, Local or Tribal approved to export these commodities authentication of users and grant them Government. to the United States in accordance with access to only those resources for which Number of Respondents: 125. they are authorized. Frequency of Responses: Reporting: Food Safety & Inspection regulations; (3) Need and Use of the Information: The Quarterly. processed at a Federally inspected voluntary registration process applies to Total Burden Hours: 76,977. processing plant in Sinaloa or Sonora; CBA customers and partners (non-CBA and (4) kept out of contact with poultry employees) who request Farm Service Animal & Plant Health Inspection from any other State within Mexico. Agency, Rural Development, and Service APHIS will also collect information to Natural Resources Conservation Service Title: Importation of Poultry Meat and ensure that the poultry meat or poultry provided services. Registration can be Other Poultry Products from Sinaloa products from Sinaloa and Sonora pose requested by the customer in person, by and Sonora Mexico the most negligible risk possible for mail, or by fax. The information OMB Control Number: 0579–0144. introducing exotic Newcastle disease collected on form AD–2016 will be used Summary of Collection: Title 21 into the United States. to verify and validate the identity of U.S.C. authorizes sections 111, 114, Description of Respondents: Business registrants and to enable the electronic 114a, 115, 120, 121, 125, 126, 134a, or other for-profit; Individuals or authentication of users. The user will 134c, 134f, and 134g of 21 U.S.C. These households; Not-for-profit institutions; then have access to these authorized authorities permit the Secretary to Federal Government; State, Local or resources without needing to re- prevent, control and eliminate domestic Tribal Government. authenticate within the context of a diseases such as brucellosis, as well as Number of Respondents: 10. single Internet session. to take actions to prevent and to manage Frequency of Responses: Reporting: Description of Respondents: Farms; exotic diseases such as exotic Newcastle On occasion. Individuals or Households; Business or disease and other foreign diseases. Total Burden Hours: 40.

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Agricultural Marketing Service coupon issuer to submit quarterly a materials that are appropriate for Food Title: Livestock & Meat Market News. written report of the issuer’s operations Stamp nutrition education programs. OMB Control Number: 0581–0154. during the periods. The FNS will collect Description of Respondents: Not-for- Summary of Collection: The information using FNS Form 259, Food profit institutions; Federal Government; Agricultural Marketing Act of 1946 (7 Stamp Mail Issuance Report. State, Local or Tribal Government; Need and Use of the Information: FNS U.S.C. 1621), Section 203(g), directs and Business or other for-profit. will collect information to establish the Number of Respondents: 50. authorizes the collection and issuance and accountability systems Frequency of Responses: Reporting: dissemination of marketing information which ensures that only certified On occasion. including adequate outlook information, eligible households receive benefits; Total Burden Hours: 16. on a market area basis, for the purpose that program benefits are timely of anticipating and meeting consumer Rural Business-Cooperative Service distributed in the correct amount; and requirements aiding in the maintenance that coupon issuance and reconciliation Title: Survey of Cooperatives on of farm income and to bring about a activities are properly conducted and Selecting Director Candidates for balance between production and accurately reported to FNS. The State Director Elections. utilization. Livestock and Meat Market agency is responsible, regardless of any OMB Control Number: 0570–NEW. News provides a timely exchange of agreements to the contrary, for ensuring Summary of Collection: The Rural accurate and unbiased information on that assigned duties are carried out in Business-Cooperative Service (RBS) current marketing conditions (supply, accordance with FSP regulations. mission is to assist farmer-owned demand, prices, trends, movement, and Description of Respondents: State, cooperatives in improving the economic other information) affecting trade in Local, or Tribal Government. well being of their farmer-members. The livestock, meats, grain, and wool. Number of Respondents: 200. Cooperative Marketing Act of 1926 Administered by the U.S. Department of Frequency of Responses: established the Cooperative Services Agriculture’s Agricultural Marketing Recordkeeping; Reporting: Quarterly. Program (CS). Cooperatives are a Service (AMS), this nationwide market Total Burden Hours: 67. distinctive form of business in operating news program is conducted in with democratic control and ownership Agricultural Research Service cooperation with approximately 30 by members. The agricultural businesses States departments of agriculture. AMS Title: Food Stamp Nutrition operated by cooperatives are becoming will collect information using market Connection Resource Sharing Form. increasingly complicated and their reports. OMB Control Number: 0518–NEW. industries are competitive. The existing Need and Use of the Information: Summary of Collection: In 2001, the conditions for Cooperatives practices AMS will collect information on price, United States Department of and operations are not longer exceptive supply, and movement of livestock, Agriculture’s Food and Nutrition and they need to adopt formal methods meat carcasses, meat and pork cuts, and Service (FNS) established the Food for screening and evaluation. meat hyproducts. Several agencies, Stamp Nutrition Connection to improve Need and Use of the Information: RBS agricultural universities and colleges access to Food Stamp Program nutrition developed a survey to collect use the information collected to keep resources. The National Agricultural information on different methods and apprised of the current market Library’s Food and Nutrition procedures used in selecting candidates conditions, movement of livestock and Information Center (FNIC) currently for election to board of directors, for meat in the United States and to develops and maintains this resource recruitment, and for monetary determine available supplies and system. A proposed voluntary ‘‘Sharing compensation for directors. current pricing. Form’’ would give Food Stamp nutrition Description of Respondents: Business Description of Respondents: Business education providers the opportunity to or other for-profit. or other for-profit; State, Local or Tribal share their resources and learn about Number of Respondents: 490. Government; Farm; Individuals or existing materials. Data collected using Frequency of Responses: Reporting: households. this form will help FNIC identify On occasion. Number of Respondents: 450. nutrition education and training Total Burden Hours: 113. Frequency of Responses: Reporting: resources for review and inclusion in an Weekly; Other (Daily). online database. FNS encourages, but Animal & Plant Health Inspection Total Burden Hours: 7,202. does not require or mandate, state Food Service Stamp nutrition education programs to Title: Foreign Quarantine Notices. Food and Nutrition Service submit materials to FNIC for inclusion OMB Control Number: 0579–0049. Title: Food Stamp Mail Issuance in the Food Stamp Nutrition Connection Summary of Collection: The United Report. database. States Department of Agriculture is OMB Control Number: 0584–0015. Need and Use of the Information: responsible for preventing plant disease Summary of Collection: Section 7(d) FNIC will use the collected information or insect pests from entering the United of the Food Stamp Act of 1977 requires to help build an online database of States, preventing the spread of pests the Secretary of Agriculture to develop nutrition education and training and noxious weeds not widely appropriate procedures for determining materials. Food Stamp nutrition distributed in the United States, and and monitoring the amount of food education providers could use this eradicating those imported pests when coupon inventories maintained by State information to identify and obtain eradication is feasible. The Plant agencies for the Food Stamp Program. curricula, lesson plan, research, training Protection Act authorizes the Section 7(f) makes State agencies strictly tools and participant materials. The Department to carry out this mission. liable for financial losses involved in information will be collected using Under the Plant Protection Act (Title IV, coupon issuance with the exception of online and printed versions of the form. Pub. L. 106–224, 114 Stat. 438, 7 U.S.C. coupons sent through the mail to the Failure to collect this information 7701–7772), the Secretary of Agriculture extent prescribed in the regulations. The would significantly inhibit FNIC’s is authorized to prohibit or restrict the Food and Nutrition Service (FNS), on ability to provide up-to-date information importation, entry, exportation, or behalf of the Secretary, requires each on existing nutrition education movement in interstate commerce of

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plant pests and other articles to prevent Officials in Texas, along with APHIS, organizations wishing to make an oral the introduction of plant pests into the have been taking measure to eliminate presentation at the meeting are due by United States. Implementing the laws is tuberculosis in dairy herds in the El the close of business on October 9, 2002. necessary to prevent injurious plant and Paso, Texas area. As a result of these ADDRESSES: The meeting will take place insect pest from entering the United eradication efforts, dairy herds in the El at the Radisson Barcelo´ Hotel, Board States, a situation that could produce Paso area have become free of Room, 2121 P Street, NW., Washington, serious consequences for U.S. tuberculosis, only to become reinfected DC. Requests to make an oral agriculture. The Animal and Plant again. Because of this situation, APHIS presentation at the meeting may be sent Health Inspection Service (APHIS) is determined that in order to further the to Ms. Katherine Benham at USDA– required to collect information from a eradication of tuberculosis in the United AMS–TMD–NOP, 1400 Independence variety of individuals, both within and States, it is necessary to remove all Avenue, SW., Room 4008–So., Ag Stop outside the United States, who are bovine dairy herds from El Paso area. 0268, Washington, DC 20250–0200. involved in growing, packing, handling, APHIS published an interim rule that Requests to make an oral presentation at transporting, and importing foreign would allow them to make payments to the meeting may also be sent plants, roots, bulbs, seeds, importing El Paso dairy herd owners if these electronically to Ms. Katherine Benham foreign logs, lumber, other owners agree to dispose of their dairy at [email protected], via unmanufactured wood articles, and herds, closing their existing dairy telephone at (202) 205–7806, or via other plant products. APHIS will collect operations. and refrain from establishing facsimile at (202) 205–7808. this information using a number of new cattle breeding operations in the The October NOSB meeting agenda is forms. area. A number of information available at http://www.ams.usda.gov/ Need and Use of the Information: collection activities will be used to nop or from Ms. Katherine Benham at APHIS will collect information to collect information for dairy owners. (202) 205–7806, preceding addresses or ensure that plants, fruits, vegetables, Need and Use of the Information: via telephone (202) 205–7806. roots, bulbs, seeds, foreign logs, lumber, APHIS will collect information to FOR FURTHER INFORMATION CONTACT: other unmanufactured wood articles, provide payment to owners of dairy Richard Mathews, Program Manager, and other plant products imported into cattle and other property used in National Organic Program, (202) 720– the United States do not harbor plant connection with dairy operations in the 3252. diseases or insect pests that could cause area of El Paso, Texas. To be eligible for SUPPLEMENTARY INFORMATION: Section serious harm to U.S. agriculture. payment under this program, all owners 2119 (7 U.S.C. 6518) of the Organic Description of Respondents: Business of dairy operations in the area of El Foods Production Act of 1990 (OFPA), or other for-profit; Individuals or Paso, Texas must sign and adhere to an as amended (7 U.S.C. Section 6501 et households; Not-for-profit institutions; agreement with APHIS. seq.) requires the establishment of the Farms; State, Local or Tribal Description of Respondents: Business NOSB. The purpose of the NOSB is to Government. or other for-profit; State, Local or Tribal make recommendations about whether a Number of Respondents: 92,457. Government; Farms. substance should be allowed or Frequency of Responses: Reporting: Number of Respondents: 95. prohibited in organic production or On occasion. Frequency of Responses: Reporting: handling, to assist in the development Total Burden Hours: 91,138. On occasion. of standards for substances to be used in Total Burden Hours: 875. Animal & Plant Health Inspection organic production and to advise the Service Sondra A. Blakey, Secretary on other aspects of the Title: TB Payments to El Paso Texas. Departmental Information Collection implementation of the OFPA. The OMB Control Number: 0579–0193. Clearance Officer. NOSB met for the first time in Summary of Collection: Title 21 [FR Doc. 02–25677 Filed 10–8–02; 8:45 am] Washington, DC, in March 1992, and U.S.C. authorizes sections 111, 114, BILLING CODE 3410–01–M currently has six committees working 114a, 115, 120, 121, 125, 126, 134a, on various aspects of the organic 134c, 134f, and 134g. These authorities program. The committees are: permit the Secretary to prevent, control DEPARTMENT OF AGRICULTURE Accreditation, Crops, Livestock, and eliminate domestic diseases such as Materials, International, and Processing. tuberculosis, as well as to take actions Agricultural Marketing Service In August of 1994, the NOSB to prevent and to manage exotic [TM–02’06] provided its initial recommendations for diseases such as foot-and-mouth the National Organic Program (NOP) to disease, rinderpest, and other foreign Notice of Meeting of the National the Secretary of Agriculture. Since that animal diseases. More specifically, 21 Organic Standards Board time, the NOSB has submitted 42 U.S.C. 111, 115, and 118 authorize the addenda to its recommendations and Secretary of Agriculture to take such AGENCY: Agricultural Marketing Service, reviewed more than 241 substances for measures as she may deem proper to USDA. inclusion on the National List of prevent the introduction or ACTION: Notice. Allowed and Prohibited Substances. dissemination of any contagious or The last meeting of the NOSB was held communicable disease of animals or live SUMMARY: In accordance with the on September 17–19, 2002, in poultry from a foreign country into the Federal Advisory Committee Act, as Washington, DC. United States or from one State to amended, the Agricultural Marketing The Department of Agriculture another. Disease prevention is the most Service (AMS) is announcing a (USDA) published its final National effective method for maintaining a forthcoming meeting of the National Organic Program regulation in the healthy animal population and Organic Standards Board (NOSB). Federal Register on December 21, 2000 enhancing the Animal and Plant Health DATES: The meeting dates are: October (65 FR 80548). The rule became Inspection (APHIS) ability to compete in 19, 2002, 8 a.m. to 6:30 p.m.; and effective April 21, 2001. exporting animals and animal products. October 20, 2002, 8 a.m. to 6 p.m. The principal purposes of the meeting Since 1985, State Animal Health Requests from individuals and are to provide an opportunity for the

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NOSB to: Receive an update from the may also sign up at the door, advance Dated: September 27, 2002. USDA/NOP, receive various committee registration will ensure that a person Margaret J. Boland, reports, receive reports from the has the opportunity to speak during the Forest Supervisor. Materials Task Force and Composting allotted time period and will help the [FR Doc. 02–25651 Filed 10–8–02; 8:45 am] Task Force, and review materials to NOSB to better manage the meeting and BILLING CODE 3410–11–M determine if they should be included on to accomplish its agenda. Individuals or the National List of Allowed and organizations will be given Prohibited Substances. approximately 5 minutes to present DEPARTMENT OF AGRICULTURE The Materials Committee will report their views. All persons making an oral on current petitions’ statuses, and report presentation are requested to provide Rural Utilities Service on EPA List 3 and 4 Inerts. The their comments in writing. Written Materials Committee will also present submissions may contain information Southern Intertie Project; Notice of for NOSB consideration 10 materials for other than that presented at the oral Availability of a Record of Decision possible inclusion on the National List presentation. AGENCY: Rural Utilities Service, USDA. of Allowed and Prohibited Substances. Written comments must be submitted ACTION: Notice of availability of a record The Livestock Committee will present to Ms. Benham, prior to or after the of decision. for NOSB consideration its meeting, at USDA–AMS–TMD–NOP, recommendations on ‘‘dairy herd 1400 Independence Avenue, SW., Room SUMMARY: Notice is hereby given that replacements’’, and the scope of review 4008–So., Ag Stop 0268, Washington, the Rural Utilities Service (RUS), has for excipients and other materials. The DC 20250–0200. Persons submitting issued a Record of Decision (ROD) for Processing Committee will discuss the written comments at the meeting are the Southern Intertie Project. The ion exchange production process, asked to provide 30 copies. decision of RUS is that the National present a recommendation for the scope Environmental Policy Act process is Interested persons may visit the of materials review, and present a satisfied with respect to a request for NOSB portion of the NOP Web site recommendation for when handling financing assistance from Golden Valley http://www.ams.usda.gov/nop to view becomes processing for producers and Electric Association (GVEA) for its share available documents prior to the retailers. The Crops Committee will of the cost of constructing the Southern meeting. Approximately 6 weeks present its recommendations for Intertie Project. The project being following the meeting interested hydroponic production, planting stock, proposed by the Intertie Participants persons will be able to visit the NOSB and application of the 20% sodium Group (IPG), of which GVEA is a portion of the NOP Web site to view nitrate annotation. The Accreditation member, is the construction of a 138 documents from this meeting. Committee will report on the review of kilovolt (kV) transmission line between NOP accreditation procedures and Dated: October 3, 2002. the Kenai Peninsula and Anchorage, present its recommendation for grower A.J. Yates, Alaska. The construction of the project group certification criteria. Finally, the Administrator, Agricultural Marketing will be undertaken in accordance with International Committee will discuss Service. the FEIS. and present its recommendation on US/ [FR Doc. 02–25678 Filed 10–8–02; 8:45 am] FOR INFORMATION CONTACT: Lawrence R. EU equivalency. Materials to be reviewed at the BILLING CODE 3410–02–P Wolfe, Senior Environmental Protection meeting by the NOSB are as follows: Specialist, Engineering and Crop Production: Potassium Silicate, Environmental Staff, USDA Rural DEPARTMENT OF AGRICULTURE Potassium Sulfate, 1,4 Utilities Service, Stop 1571, 1400 Independence Avenue, SW., Dimethylnaphthalene, and Butylated Forest Service Hydroxytoluene (BHT); and for Washington, DC 20250–1571, telephone Livestock Production: Mineral Oil, Comet Administrative Study (202) 720–1784, fax (202) 720–0820. The Calcium Propionate, Furosemide, Environmental Impact Statement— e-mail address is: [email protected]. Atropine, Flunixin, and Proteinated Klamath National Forest SUPPLEMENTARY INFORMATION: The RUS Chelates. preferred alternative, the Tesoro Route, For further information, see http:// AGENCY: Forest Service, USDA. would connect the Bernice Lake www.ams.usda.gov/nop. Copies of the Substation on the Kenai Peninsula with ACTION: Cancellation of notice of intent NOSB meeting agenda can be requested the Pt. Woronzof Substation in to prepare an environmental impact from Ms. Katherine Benham by Anchorage. This alternative would statement (EIS). telephone at (202) 205–7806; or parallel the Tesoro Pipeline from the obtained by accessing the NOP Web site Captain Cook State Recreational Area to SUMMARY: The Forest Service is at http://www.ams.usda.gov/nop. Pt. Possession (Route A). At Pt. The meeting is open to the public. canceling the Notice of Intent for the Possession three options are available to The NOSB has scheduled time for Comet Administrative Study EIS— cross the Turnagain Arm and terminate public input on Saturday, October 19, Klamath National Forest that was at the Pt. Woronzof Substation. Route 2002, from 8:15 a.m. until 10:15 a.m., published in Federal Register, Vol. 65, Option B crosses the Turnagain Arm via and Sunday, October 20, 2002, from 8 No. 230 on pages 71087 through 71088 Fire Island to the Pt. Woronzof a.m. until 9 a.m., at the Radisson on Wednesday, November 29, 2000. The Substation. Route Option C crosses the Barcelo´ Hotel, 2121 P Street, NW., usefulness of the study has diminished Turnagain Arm directly from Pt. Washington, DC. Individuals and due to changing circumstances, so it Possession to a landing at the Pt. organizations wishing to make an oral will no longer be pursued. Woronzof Substation. Route Option D presentation at the meeting may make FOR FURTHER INFORMATION CONTACT: would cross the Turnagain Arm from Pt. their requests via letter, telephone, e- Margaret J. Boland, Forest Supervisor, Possession to Pt. Campbell. From the Pt. mail or facsimile as set forth in the Klamath National Forest, USDA Forest Campbell landing, this alternative addresses section of this notice. While Service, 1312 Fairlane Road, Yreka, would continue to parallel the Tesoro persons wishing to make a presentation, California 96097. pipeline through Kincaid Park and

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terminate at the Pt. Woronzof Substation Type of Request: Extension of a calling or writing Diana Hynek, (Route Option N). currently approved collection. Departmental Paperwork Clearance As stated in the Final Environmental Burden: 34,430 hours. Officer, (202) 482–0266, U.S. Impact Statement (FEIS), the RUS Average Hours Per Response: (1) Department of Commerce, Room 6625, preferred alternative route between Pt. Initial CEDS for Districts and other EDA 14th and Constitution Avenue, NW., Possession and Anchorage is Route supported Planning Organizations—242 Washington, DC 20230, or via Internet at Option D/N. However, RUS considers hours; (2) CEDS Document for non- [email protected]. both Route Options B and C acceptable districts and non-EDA supported Written comments and alternatives. organizations—27 hours; (3) Annual recommendations for the proposed Notices of availability of the FEIS CEDS Report—52 hours; and (4) CEDS information collection should be sent were published in the Federal Register Update—77 hours. within 30 days of publication of this on July 10, 2002, at 67 FR 45701, by Number of Respondents: notice to David Rostker, OMB Desk RUS and on July 12, 2002, at 67 FR Approximately 640 respondents. Officer, Room 10202, New Executive 46185 by EPA. The 30-day comment Needs and Uses: The Economic Office Building, Washington, DC 20503. period ended on August 12, 2002. Development Administration (EDA) Dated: October 4, 2002. provides investments that will help our Comments were received from 2 Madeleine Clayton, agencies and 5 non-profit organizations. partners across the nation (states, regions and communities) create wealth Management Analyst, Office of the Chief No new issues or concerns were Information Officer. and minimize poverty by promoting a identified in these comments. [FR Doc. 02–25697 Filed 10–8–02; 8:45 am] The RUS is the lead Federal agency in favorable business environment to the environmental review process. The attract private capital investment and BILLING CODE 3510–34–P U.S. Fish and Wildlife Service (USFWS) higher skill, higher wage jobs through and the U.S. Army Corps of Engineers world-class capacity building, DEPARTMENT OF COMMERCE (USACE) are serving as cooperating infrastructure, business assistance, agencies. The USFWS’ ROD was issued research grants and strategic initiatives. International Trade Administration on September 11, 2002. The USACE’s Information gathered through CEDS is [A–580–601] ROD is pending. needed by EDA to ensure that areas served by an EDA-supported planning Agencies, persons, and organizations Top-of-the-Stove Stainless Steel organization have or are developing a on the FEIS mailing list will receive a Cooking Ware From the Republic of continuous community-based planning copy of each agency’s ROD. The RUS’ Korea: Preliminary Results and process and have thoroughly thought ROD is available online at http:// Rescission, in Part, of Antidumping www.usda.gov/rus/water/ees/eis.htm. out what type of economic development Duty Administrative Review The USFWS’ ROD is available online at is needed in the area to alleviate http://www.r7.fws.gov/compatibility/ unemployment, underemployment, AGENCY: Import Administration, completed/kenai/kenai.cfm. and/or depressed incomes. This International Trade Administration, information is required under the Public Department of Commerce. Dated: October 2, 2002. Works and Economic Development Act ACTION: Notice of preliminary results Blaine D. Stockton, of 1965, as amended, including the and rescission, in part, of antidumping Assistant Administrator, Electric Program, comprehensive amendments by the duty administrative review. Rural Utilities Service. Economic Development Administration [FR Doc. 02–25703 Filed 10–8–02; 8:45 am] Reform Act of 1998, Public Law 105– SUMMARY: In response to requests by the BILLING CODE 3410–15–P 393, (PWEDA). Additionally, Stainless Steel Cookware Committee information is used by EDA to (the Committee), the petitioner, and two determine: if statutory requirements are manufacturers/exporters of the subject DEPARTMENT OF COMMERCE met on eligibility for projects for public merchandise, the Department of works and economic adjustment (except Commerce (the Department) is Economic Development Administration for strategy/planning); district conducting an administrative review of designation requirements; and if the antidumping duty order on top-of- Submission for OMB Review; the-stove stainless steel cooking ware Comprehensive Economic planning requirements are met. CEDS is the foundation for most of EDA’s from Korea. The period of review (POR) Development Strategy (CEDS)— is January 1, 2001, through December Comment Request programs. CEDS is a continuous, broad based and diverse process put in place 31, 2001. We preliminarily determine that to describe and to address economic ACTION: Extension of a currently certain manufacturers/exporters sold distress through a particular economic approved collection, comment request. subject merchandise at less than normal development project(s) activity(es). The Department of Commerce (DoC) Affected Public: State, local or Tribal value (NV) during the POR. If these has submitted to the Office of Government and not-for profit preliminary results are adopted in the Management and Budget (OMB) for organizations. final results of this administrative clearance the following proposal for Frequency: One time for Initial review, we will instruct the U.S. collection of information under Document, Annual Report, and Updates Customs Service (Customs) to assess provisions of the Paperwork Reduction are due every five (5) years for districts antidumping duties on all appropriate Act (44 U.S.C. Chapter 35). and other EDA-supported planning entries. We invite interested parties to Agency: Economic Development organizations. comment on the preliminary results. Administration (EDA). Respondent’s Obligation: Required to Parties who submit comments in this Title: Comprehensive Economic obtain or retain benefits. proceeding should also submit with the Development Strategy Guidelines. OMB Desk Officer: David Rostker, argument(s): (1) A statement of the Agency Form Number: Not (202) 395–7340. issue(s) and (2) a brief summary of their Applicable. Copies of the above information argument (not to exceed five pages). OMB Approval Number: 0610–0093. collection proposal can be obtained by EFFECTIVE DATE: October 9, 2002.

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FOR FURTHER INFORMATION CONTACT: CFR 351.221(b), we published a notice Dong Won and Daelim filed narrative Ronald M. Trentham and Thomas F. of initiation of the review on February responses to Sections B, C and D on July Futtner, AD/CVD Enforcement, Office 4, 26, 2002 (67 FR 8780). 8, 2002. On July 12, 2002, Daelim and Group II, Import Administration, On March 25, 2002 and on April 4, Dong Wong submitted electronic International Trade Administration, 2002, we issued Section A antidumping databases and calculation worksheets U.S. Department of Commerce, 14th questionnaires to each of the twenty-six for Sections B, C, and D of the 1 Street and Constitution Avenue, NW., manufacturers/exporters listed above. Department’s questionnaire. Washington, DC 20230; (202) 482–6320 The following twenty-four companies and (202) 482–3814, respectively. failed to respond to the Department’s On August 12, 2002 and August 13, 2002, respectively, the Department SUPPLEMENTARY INFORMATION: Section A questionnaire: Chefline Corporation, Sam Yeung Ind. Co., Ltd., issued Section A through D The Applicable Statute Kyung-Dong Industrial Co., Ltd., Ssang supplemental questionnaires to Dong Unless otherwise indicated, all Yong Ind. Co., Ltd., O. Bok Stainless Won and Daelim. The responses to these citations to the Tariff Act of 1930, as Steel Co., Ltd., Il Shin Co., Ltd., Hai supplemental questionnaires were amended (the Act), are references to the Dong Stainless Steel Ind. Co., Ltd., Han received on September 3, 2002 and on provisions effective January 1, 1995, the II Stainless Steel Ind. Co., Ltd., Bae Chin September 4, 2002. Metal Ind. Co., East One Co., Ltd., effective date of the amendments made The Department is conducting this Charming Art Co., Ltd., Poong Kang Ind. to the Act by the Uruguay Round administrative review in accordance Agreements Act (URAA). In addition, Co., Ltd., Won Jin Ind. Co., Ltd., with section 751 of the Act. unless otherwise indicated, all citations Wonkwang Inc., Sungjin International to the Department’s regulations are to Inc., Sae Kwang Aluminum Co., Ltd., Scope of Review the regulations at 19 CFR part 351 Hanil Stainless Steel Ind. Co., Ltd., (2001). Seshin Co., Ltd., East West Trading The merchandise subject to this Korea, Ltd., Clad Co., Ltd., B.Y. antidumping order is top-of-the-stove Background Enterprise, Ltd., Pionix Corporation, stainless steel cookware from Korea. The Department published an Namyang Kitchenflower Co., Ltd., and The subject merchandise is all non- antidumping duty order on top-of-the- Dong Hwa Stainless Steel Co., Ltd. On electric cooking ware of stainless steel stove stainless steel cooking ware August 1, 2002 and August 2, 2002, we which may have one or more layers of (cookware) from Korea on January 20, informed each of these companies that aluminum, copper or carbon steel for 1987 (52 FR 2139). On January 2, 2002, because they failed to respond to the more even heat distribution. The subject the Department published a notice of Department’s questionnaire, we may use merchandise includes skillets, frying ‘‘Opportunity to Request an facts available (FA) to determine their pans, omelette pans, saucepans, double Administrative Review’’ of the dumping margins. In response, the boilers, stock pots, dutch ovens, antidumping duty order on cookware following manufacturers/exporters casseroles, steamers, and other stainless from Korea (67 FR 56) covering the reported that they had no sales or steel vessels, all for cooking on stove top period January 1, 2001, through shipments during the POR: Hai Dong burners, except tea kettles and fish December 31, 2001. Stainless Steel Co., Ltd, Sungjin poachers. Excluded from the scope of On January 31, 2002, in accordance International, Inc., Seshin Co., Ltd., Sae with 19 CFR 351.213(b), the Committee, Kwang Aluminum Co, Ltd., Dong Hwa the order are stainless steel oven ware whose members are Regal Ware, Inc., Stainless Steel Co, Ltd., Pionix and stainless steel kitchen ware. The The West Bend Company, New Era Corporation, Il Shin Co., Ltd., and subject merchandise is currently Cookware and Vita-Craft Corporation, Wonkwang Inc. We confirmed using classifiable under Harmonized Tariff requested that we conduct an U.S. Customs (Customs) data that there Schedule (HTS) item numbers administrative review of twenty-six were no entries of subject merchandise 7323.93.00 and 9604.00.00. The HTS specific manufacturers/exporters of from these firms during the POR. item numbers are provided for cookware from Korea: Daelim Trading Accordingly, we are preliminarily convenience and Customs purposes Co., Ltd. (Daelim), Dong Won Metal Co., rescinding the review with respect to only. The written description remains Ltd. (Dong Won), Chefline Corporation, these manufacturers/exporters. dispositive. Sam Yeung Ind. Co., Ltd., Namyang On April 16, 2002 and April 19, 2002, The Department has issued several Kitchenflower Co., Ltd., Kyung-Dong respectively, Dong Won and Daelim scope clarifications for this order. The Industrial Co., Ltd., Ssang Yong Ind. responded to Section A of the Department found that certain stainless Co., Ltd., O. Bok Stainless Steel Co., antidumping questionnaire. On May 13, steel pasta and steamer inserts (63 FR Ltd., Dong Hwa Stainless Steel Co., Ltd., 2002, the Department issued Sections B, 41545, August 4, 1998), certain stainless Il Shin Co., Ltd., Hai Dong Stainless C and D of the Department’s steel eight-cup coffee percolators (58 FR Steel Ind. Co., Ltd., Han II Stainless questionnaire to these two companies. Steel Ind. Co., Ltd., Bae Chin Metal Ind. 11209, February 24, 1993), and certain Co., East One Co., Ltd., Charming Art 1 Section A of the questionnaire requests general stainless steel stock pots and covers are Co., Ltd., Poong Kang Ind. Co., Ltd., information concerning a company’s corporate within the scope of the order (57 FR Won Jin Ind. Co., Ltd., Wonkwang Inc., structure and business practices, the merchandise 57420, December 4, 1992). Moreover, as under investigation that it sells, and the manner in a result of a changed circumstances Sungjin International Inc., Sae Kwang which it sells that merchandise in all of its markets. Aluminum Co., Ltd., Hanil Stainless Section B requests a complete listing of all home review, the Department revoked the Steel Ind. Co., Ltd., Seshin Co., Ltd., market sales, or, if the home market is not viable, order on Korea in part with respect to of sales in the most appropriate third-country certain stainless steel camping ware (1) Pionix Corporation, East West Trading market (this section is not applicable to respondents Korea, Ltd., Clad Co., Ltd., and B.Y. in non-market economy (NME) cases). Section C made of single-ply stainless steel having Enterprise, Ltd. On January 31, 2002, requests a complete listing of U.S. sales. Section D a thickness no greater than 6.0 Daelim and Dong Won requested that requests information on the cost of production millimeters; and (2) consisting of 1.0, (COP) of the foreign like product and the 1.5, and 2.0 quart saucepans without the Department conduct reviews of their constructed value (CV) of the merchandise under exports of the subject merchandise to investigation. Section E requests information on handles and with lids that also serve as the United States. In accordance with 19 further manufacturing. fry pans (62 FR 3662, January 24, 1997).

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Facts Available companies failed to offer any to reconsider the reliability of the rate explanation for their failure to respond being used in this case. Application of FA to our questionnaires. As a general As to the relevance of the margin used Section 776(a)(2) of the Act provides matter, it is reasonable for the for AFA, the courts have stated that that if any interested party: (A) Department to assume that these ‘‘[b]y requiring corroboration of adverse Withholds information that has been companies possessed the records inference rates, Congress clearly requested by the Department; (B) fails to necessary for this review; however, by intended that such rates should be provide such information by the not supplying the information the reasonable and have some basis in deadlines for submission of the Department requested, these companies reality.’’ F.Lli De Cecco Di Filippo Fara information or in the form or manner failed to cooperate to the best of their S. Martino S.p.A., v. U.S., 216 F.3d requested; (C) significantly impedes an ability. As these 16 companies have 1027, 1034 (Fed. Cir. 2000). antidumping investigation; or (D) failed to cooperate to the best of their The rate selected is the rate currently provides such information but the ability, we are applying an adverse applicable to certain companies, information cannot be verified, the inference pursuant to section 776(b) of including fifteen of the sixteen Department shall, subject to section the Act. As AFA, we have used 31.23 companies that failed to respond to the 782(d) of the Act, use facts otherwise percent, the highest rate determined for Department’s questionnaires in this available in making its determination. any respondent in any segment of this POR. See Top-of-the-Stove Stainless As stated above, on March 25, 2002 proceeding. See Final Determination of Steel Cooking Ware From the Republic and on April 4, 2002, we issued Section Sales at Less Than Fair Value; Certain of Korea: Final Results and Rescission, A questionnaires to twenty-six Stainless Steel Cookware from Korea, 51 in Part, of the Antidumping Duty manufacturers/exporters of the subject FR 42873 (November 26, 1986) (Final Administrative Review, 67 FR 40274 merchandise. Eight companies LTFV Determination). (June 12, 2002) (Final Results). In ultimately advised the Department that determining a relevant AFA rate, the they did not sell subject merchandise to Corroboration of Information Department assumes that if the non- the United States during the POR. The Section 776(b) of the Act authorizes responding parties could have following sixteen companies failed to the Department to use as AFA demonstrated that their dumping respond to the Department’s Section A information derived from the petition, margins were lower, they would have questionnaire: Chefline Corporation, the final determination from the less participated in this review and Sam Yeung Ind. Co., Ltd., Kyung-Dong than fair value (LTFV) investigation, a attempted to do so. See Rhone Poulenc, Industrial Co., Ltd., Ssang Yong Ind. previous administrative review, or any Inc. v. United States, 899 F.2d 1185, Co., Ltd., O. Bok Stainless Steel Co., other information placed on the record. 1190–91 (Fed. Cir. 1990). Therefore, Ltd., Han II Stainless Steel Ind. Co., Section 776(c) of the Act requires the given these sixteen companies’ failure to Ltd., Bae Chin Metal Ind. Co., East One Department to corroborate, to the extent cooperate to the best of their ability in Co., Ltd., Charming Art Co., Ltd., Poong practicable, secondary information used this review, we have no reason to Kang Ind. Co., Ltd., Won Jin Ind. Co., as facts available. Secondary believe that their dumping margins Ltd., Hanil Stainless Steel Ind. Co., Ltd., information is defined as ‘‘[i]nformation would be any less than the highest rate East West Trading Korea, Ltd., Clad Co., derived from the petition that gave rise in this proceeding. This rate ensures Ltd., B.Y. Enterprise, Ltd., and Namyang to the investigation or review, the final that they do not benefit by failing to Kitchenflower Co., Ltd. On August 2, determination concerning the subject cooperate fully. Therefore, we consider 2002, we informed each of these merchandise, or any previous review the rate of 31.23 percent relevant and companies that because they failed to under section 751 concerning the appropriate to use as AFA for the non- respond to the Department’s subject merchandise.’’ See Statement of responding parties. questionnaire, we may use FA to Administrative Action (SAA) determine their dumping margins. accompanying the URAA, H.R. Doc. No. NV Comparisons Because these sixteen companies 103–316 at 870 (1994) and 19 CFR To determine whether sales of failed to provide any of the necessary 351.308(d). cookware from South Korea to the information requested by the The SAA further provides that the United States were made at less than Department, pursuant to section term ‘‘corroborate’’ means that the NV, we compared the export price (EP) 776(a)(2)(B) of the Act, we must Department will satisfy itself that the to the NV for Daelim and EP and establish the margins for these secondary information to be used has constructed export price (CEP) to the companies based totally on facts probative value (see SAA at 870). Thus, NV for Dong Won, as specified in the otherwise available. to corroborate secondary information, EP, CEP and NV sections of this notice, the Department will, to the extent below. In accordance with section Selection of Adverse FA (AFA) practicable, examine the reliability and 777A(d)(2) of the Act, we calculated In selecting from among the facts relevance of the information used. monthly weighted-average prices for NV otherwise available, section 776(b) of The rate used as AFA in this segment and compared these to individual EP the Act authorizes the Department to was originally calculated using verified and CEP transactions. use an adverse inference if the information from the investigative Department finds that an interested segment of this proceeding. See Final EP party failed to cooperate by not acting LTFV Determination. The only source Where Daelim and Dong Won sold to the best of its ability to comply with for calculated margins is administrative merchandise directly to unaffiliated the request for information. See, e.g., determinations. Thus, in an purchasers in the United States, we Certain Welded Carbon Steel Pipes and administrative review, if the Department used EP, in accordance with section Tubes From Thailand: Final Results of chooses as AFA a calculated dumping 772(a) of the Act, as the price to the Antidumping Duty Administrative margin from a prior segment of the United States. For both respondents, we Review, 62 FR 53808, 53819–20 proceeding, it is not necessary to calculated EP using the packed prices (October 16, 1997). These 16 companies question the reliability of the margin for charged to the first unaffiliated were given two opportunities to that time period. Furthermore, we have customer in the United States (the respond, and did not. Moreover, these no new information that would lead us starting price).

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We made deductions from the starting 2. Cost of Production (COP) Analysis were at prices less than the COP, we price for movement expenses in In the review segment of this determined such sales to have been accordance with section 772(c) of the proceeding that was most recently made in substantial quantities within an Act. Movement expenses included, completed prior to initiating this extended period of time, within the where appropriate, brokerage and review, we disregarded home market meaning of section 773(b)(2)(B) of the handling, international freight, and sales found to be below the cost of Act. Because we compared prices to marine insurance, in accordance with production (COP) for Daelim and Dong POR or fiscal year average costs, we also section 772(c)(2)(A) of the Act. For Dong Won. See Top-of-the Stove Stainless determined that such sales were not Won, we disallowed a duty drawback Steel Cooking Ware from the Republic of made at prices which would permit adjustment to the starting price. See Korea: Final Results and Rescission, in recovery of all costs within a reasonable Calculation Memorandum for Dong Part, of Antidumping Duty period of time, in accordance with Won, dated October 3, 2002, on file in Administrative Review, 66 FR 45664 section 773(b)(2)(D) of the Act. the Central Records Unit (CRU), B–099 (August 29, 2001). Pursuant to section We found, looking at Dong Won’s and of the main Department Building. 773(b)(2)(A)(ii) of the Act, this provides Daelim’s home market sales, that both firms made sales at below COP prices CEP reasonable grounds to believe or suspect in this review segment that Daelim and within an extended period of time in substantial quantities. Further, we For Dong Won, we calculated CEP, in Dong Won made sales in the home or third country markets at prices below found that these sales prices did not accordance with subsection 772(b) of permit for the recovery of costs within the Act, for those sales to unaffiliated the COP. Consequently we initiated a COP inquiry with respect to both a reasonable period of time. Therefore, purchasers that took place after we excluded these sales from our importation into the United States. We Daelim and Dong Wong and conducted the COP analysis described below. analysis and used the remaining sales as based CEP on the packed FOB prices to the basis for determining NV, in unaffiliated purchasers in the United A. Calculation of COP accordance with section 773(b)(1) of the States. Where appropriate, we made Act. deductions for discounts. We also made In accordance with section 773(b)(3) deductions for movement expenses in of the Act, we calculated, respectively, Product Comparisons accordance with 772(c)(2)(A) of the Act. COP based on the sum of Daelim and Dong Won’s cost of materials and In accordance with section 771(16) of Movement expenses included foreign the Act, we considered all products sold inland freight, ocean freight, marine fabrication (COM) for the foreign like product, plus amounts for selling, in the relevant foreign markets meeting insurance, U.S. brokerage and handling, general, and administrative (SG&A) the description in the ‘‘Scope of the U.S. Customs duties, and U.S. inland expenses, including financial expenses, Review’’ section of this notice, above, freight. In accordance with section and packing costs. For the preliminary for purposes of determining appropriate 772(d)(1) of the Act, we deducted those results, we relied on Daelim’s and Dong product comparisons to U.S. sales. selling expenses associated with Won’s submitted information without Where there were no sales of identical economic activities occurring in the adjustment. merchandise in the foreign markets United States, including direct selling made in the ordinary course of trade expenses, inventory carrying costs, and B. Test of Foreign Market Sales Prices (i.e., sales within the contemporaneous other indirect selling expenses. Also, we We compared COP to foreign market window which passed the cost test), we made an adjustment for profit in sale prices of the foreign like product, compared U.S. sales to sales of the most accordance with section 772(d)(3) of the as required under section 773(b) of the similar foreign like product made in the Act. Act, in order to determine whether these ordinary course of trade. Further, as in prior segments of this proceeding, NV sales had been made at prices below the COP. In determining whether to merchandise was considered ‘‘similar’’ 1. Viability disregard foreign market sales made at for purposes of comparison only if it is prices below the COP, we examined of the same ‘‘product type,’’ (i.e., (1) In order to determine whether there is whether such sales were made (1) vessels or (2) parts). Among a sufficient volume of sales in the home within an extended period of time in merchandise which was identical on the market to serve as a viable basis for substantial quantities, and (2) at prices basis of ‘‘product type,’’ we then calculating NV (i.e., the aggregate which permitted the recovery of all selected the most ‘‘similar’’ model volume of home market sales of the costs within a reasonable period of time, through a hierarchical ranking of the foreign like product is equal to or in accordance with sections 773(b)(1)(A) remaining 11 product characteristics greater than five percent of the aggregate and (B) of the Act. On a product-specific listed in sections B and C of our volume of U.S. sales), we compared the basis, we compared the COP to foreign antidumping questionnaire and respondents’ volume of home market market prices, less any applicable application of the difference in sales of the foreign like product to the movement charges, discounts and merchandise test. If there were no sales volume of U.S. sales of the subject rebates, and selling expenses. of identical or similar merchandise in merchandise, in accordance with the foreign market to compare to U.S. section 773(a)(1) of the Act. Since C. Results of the COP Test sales, we compared U.S. sales to the Daelim’s and Dong Won’s aggregate Pursuant to section 773(b)(2)(C) of the constructed value (CV) of the product volume of home market sales of the Act, where less than 20 percent of the sold in the U.S. market during the foreign like product was greater than respondent’s sales of a given product comparison period. For a further five percent of the aggregate volume of were at prices less than the COP, we did discussion of the Department’s product their respective U.S. sales of the subject not disregard any below-cost sales of comparison methodology see Top-of- merchandise, we determined that the that product because we determined the-Stove Stainless Steel Cooking Ware home market provides a viable basis for that the below-cost sales were not made From the Republic of Korea: Final calculating NV. Therefore, pursuant to in substantial quantities. Where 20 Results and Rescission, in Part, of section 773(a)(1)(B) of the Act, we based percent or more of the respondent’s Antidumping Duty Administrative NV on home market sales. sales of a given product during the POR Review, 66 FR 45664 (August 29, 2001)

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and accompanying Issues and Decision preliminary determination that two sales. Our preliminary analysis Memorandum at Comment 1. separate LOTs exist in the United States. demonstrates that the home market LOT When we compared EP sales to home is different from, and constitutes a more Level of Trade (LOT) market sales, we found that Dong Won advanced stage of distribution than, the In accordance with section provided a qualitatively different degree CEP LOT because, after making the CEP 773(a)(7)(A) of the Act, if the of services on home market sales than deductions under section 772(d) of the Department compares a U.S. sale at one on EP sales. In addition, the differences Act, the home market LOT includes LOT to NV sales at a different LOT, we in selling functions performed for home significantly more selling functions at a will adjust the NV to account for the market and EP transactions indicate that higher level of service with greater difference in LOT if the difference home market sales involved a more selling expenses than the CEP LOT. affects price comparability as evidenced advanced stage of distribution than EP by a pattern of consistent price sales. Our preliminary analysis Section 773(a)(7)(B) of the Act differences between sales at the demonstrates that the home market LOT provides for a CEP offset to NV when different LOTs in the market in which is different from, and constitutes a more NV is established to be at a LOT which NV is determined. advanced stage of distribution than the constitutes a more advanced LOT than Section 351.412(c)(2) of the EP LOT because, the home market LOT the LOT of the CEP transaction, but the Department’s regulations states that the includes significantly more selling data available do not provide an Secretary will determine that sales are functions at a higher level of service appropriate basis upon which to made at different LOTs if they are made with greater selling expenses than the determine a LOT adjustment. Since NV at different marketing stages (or their EP LOT. See Memorandum on LOT for is established at a LOT which equivalent). To make this Dong Won, dated October 3, 2002 (Dong constitutes a more advanced LOT than determination, the Department reviews Won LOT Memo). the LOT of the CEP transaction, and, as such factors as selling functions, classes Section 773(a)(7)(A) of the Act discussed above, the data do not of customer, and the level of selling describes the LOT adjustment. Section provide an appropriate basis upon expenses for each type of sale. Different 351.412(a) of the Department’s which to determine a LOT adjustment, stages of marketing necessarily involve regulations states that the Secretary is we conclude that Dong Won is entitled differences in selling functions, but authorized to adjust NV to account for to a CEP offset to NV. See Dong Won differences in selling functions, even if the effect on the comparability of U.S. LOT Memo. substantial, are not alone sufficient to and home market prices when sales in Daelim reported sales through two establish a difference in the LOT. the two markets are not made at the channels of distribution for its home Similarly, while customer categories same LOT. Section 351.412(d) of the market sales. The first channel of such as ‘‘distributor’’ and ‘‘wholesaler’’ Department’s regulations states that the distribution was sales through its may be useful in identifying different Secretary will determine that a affiliate in the home market, Living Star. LOTs, they are insufficient in difference in LOT has an effect on price The second channel of distribution was themselves to establish that there is a comparability only if it is established direct sales to home market customers. difference in the LOT. that there is a pattern of consistent price Daelim performs the same selling In determining whether separate differences between sales at the LOT of activities for home market sales in both LOTs actually existed in the foreign and the EP or CEP and the LOT at which NV channels of distribution. Although these U.S. markets for each respondent, we is determined. Section 351.412(d)(2) functions are not performed at the same examined whether the respondent’s states that the Secretary will make the degree of intensity, we found that the sales involved different marketing stages determination under section differences in degree of intensity in (or their equivalent) based on the 351.412(d)(1) on the basis of sales of the selling functions between the two channel of distribution, customer foreign like product by the producer, or channels of distribution does not give categories, and selling functions (or when this is not possible, on sales of rise to a substantial distinction. services) offered to each customer or different or broader product lines, sales Therefore, we conclude that there is one customer category, in both markets. by other companies, or on any other LOT in the home market. See Dong Won reported home market reasonable basis. sales through one channel of As discussed above, we found that Memorandum on LOT for Daelim, dated distribution, sales made by Dong Won to there is only one LOT in the market in October 3, 2002. Daelim reported only unaffiliated distributors/wholesalers which NV is determined. Therefore, it is EP sales in the U.S. market. For EP and retailers. Upon review of the record, not possible to determine a pattern of sales, Daelim reported one LOT, we found that Dong Won performed the price differences on the basis of sales of consisting of two channels of same selling functions at the same the foreign like product by the producer. distribution. degree for all home market sales. Furthermore, we do not have Upon review of the record we found Therefore, we preliminarily determined information on the record in this review that Daelim performed the same selling that Dong Won made all home market to determine a pattern of price functions (i.e., inventory maintenance, sales at one LOT for purposes of our differences on the basis of sales of technical advice, warranty services, antidumping analysis. different or broader product lines, sales freight & delivery arrangement, and For the U.S. market, Dong Won by other companies, or on any other advertising) at the same degree for EP reported both EP and CEP sales. After reasonable basis. As such, no LOT sales as compared to home market sales. reviewing the U.S. market selling adjustment is possible for comparison to As such, we preliminarily find that functions reported by Dong Won, and Dong Won’s EP transactions. there are no differences in the number, after deducting the CEP selling expenses For CEP sales, Dong Won performed type, and degree of selling functions incurred by Dong Won’s U.S. affiliate, fewer selling functions than in the home that Daelim performs for home market we found that Dong Won provided a market. In addition, the differences in sales as compared to its EP sales. qualitatively different degree of services selling functions performed for home Therefore, because we are calculating on EP sales than for CEP sales. We market and CEP transactions indicate NV at the same LOT as Daelim’s EP therefore found the selling functions that home market sales involved a more sales, no LOT adjustment is warranted. were sufficiently different to warrant a advanced stage of distribution than CEP See 19 CFR 351.412(b)(1).

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Date of Sale trade in accordance with section interested party may request a hearing 773(a)(1)(B)(i) of the Act. within 30 days of the date of publication In accordance with 19 CFR 351.401(i), In accordance with section 773(a)(6) of this notice. Parties who submit the date of sale will normally be the of the Act, for both CV and NV, we arguments in this proceeding are date of the invoice, as recorded in the made adjustments, where appropriate, requested to submit with each exporters’s or producer’s records kept in for inland freight, inland insurance, and argument: (1) A statement of the issue the ordinary course of business, unless discounts. We also reduced CV and and (2) a brief summary of the satisfactory evidence is presented that foreign market prices by packing costs argument. All case briefs must be the exporter or producer established the incurred in the foreign market, in submitted within 30 days of the date of material terms of sale on some other accordance with section 773(a)(6)(B)(i) publication of this notice. Rebuttal date. For both foreign market and U.S. of the Act. In addition, we increased CV briefs, which are limited to issues raised transactions, Daelim and Dong Won and foreign market prices for U.S. in the case briefs, may be filed not later reported the date of the contract (i.e., packing costs, in accordance with than seven days after the case briefs are purchase order date) as the date of sale, section 773(a)(6)(A) of the Act. We made filed. Further, we would appreciate it if i.e., the date when the material terms of further adjustments to foreign market parties submitting written comments sale are finalized. The respondents note prices, when applicable, to account for would provide the Department with an that the purchase order confirms all differences in physical characteristics of additional copy of the public version of major terms of sale—price, quantity, and the merchandise, in accordance with any such comments on diskette. A product specification—as agreed to by section 773(a)(6)(C)(ii) of the Act. hearing, if requested, will be held two the respondents and the customer. Pursuant to section 773(a)(6)(C)(iii) of days after the date the rebuttal briefs are Because there is nothing on the record the Act, we made an adjustment for filed or the first business day thereafter. to indicate that there were changes in differences in circumstances of sale by The Department will publish a notice the material terms of sale between the deducting foreign market direct selling of the final results of this administrative purchase order (or revised purchase expenses and adding any direct selling review, which will include the results of order) and the invoice, the Department expenses associated with U.S. sales not its analysis of the issues raised in any preliminarily determines that the deducted under the provisions of written comments, within 120 days purchase order date is the most section 772(d)(1) of the Act. Finally, in from the publication of these appropriate date to use for the date of the case of Dong Wong, where preliminary results. sale. appropriate, we made a CEP offset Upon completion of this administrative review, the Department CV adjustment to account for comparing U.S. and foreign market sales at will determine, and Customs shall In accordance with section 773(e) of different LOTs. assess, antidumping duties on all the Act, we calculated CV based on the appropriate entries. In accordance with Preliminary Results of the Review respondents’ respective COM employed 19 CFR 351.212(b)(1), we have in producing the subject merchandise, As a result of our review, we calculated importer-specific assessment SG&A expenses, the profit incurred and preliminarily determine that the rates for the merchandise subject to this review. The Department will issue realized in connection with the following weighted-average dumping appropriate assessment instructions production and sale of the foreign like margins exist for the period January 1, directly to Customs within 15 days of product, and U.S. packing costs. We 2000, through December 31, 2000: publication of the final results of used the COM and G&A expenses as review. If these preliminary results are reported in the CV portion of Margin Manufacturer/Exporter (percent) adopted in the final results of review, respondents’ questionnaire responses. we will direct Customs to assess the We used the U.S. packing costs as Dong Won Metal Co., Ltd ...... 0.20 resulting assessment rates against the reported in the U.S. sales portion of the Dae-Lim Trading Co., Ltd ...... 0.90 entered Customs values for the subject respondents’ questionnaire responses. Chefline Corporation ...... 31.23 merchandise on each of the importer’s For selling expenses, we used the Sam Yeung Ind. Co., Ltd ...... 31.23 Kyung-Dong Industrial Co., Ltd 31.23 entries during the POR. For Daelim and average of the selling expenses reported Dong Won, we have calculated for home market sales that passed the Han II Stainless Steel Ind. Co., Ltd ...... 31.23 importer-specific ad valorem duty cost test, weighted by the total quantity assessment rates based on the ratio of of sales of each product. For profit, we East One Co., Ltd ...... 31.23 Charming Art Co., Ltd ...... 31.23 the total amount of dumping margins first calculated, based on the home Won Jin Ind. Co., Ltd ...... 31.23 calculated for the examined sales to the market sales that passed the cost test, Hanil Stainless Steel Ind. Co., entered value of sales used to calculate the difference between the home market Ltd ...... 31.23 those duties. For all other respondents, sales value and home market COP, and East West Trading Korea, Ltd .. 31.23 the assessment rate will be based on the divided the difference by the home Clad Co., Ltd ...... 31.23 margin percentage identified above. We market COP. We then multiplied this B.Y. Enterprise, Ltd ...... 31.23 Namyang Kitchenflower Co., will direct Customs to liquidate without percentage by the COP for each U.S. regard to antidumping duties any model to derive profit. Ltd ...... 31.23 Ssang Yong Ind. Co., Ltd ...... 31.23 entries for which the importer-specific Price-to-Price and Price-to-CV O. Bok Stainless Steel Co., Ltd 31.23 assessment rate is de minimis, i.e., less Comparisons Bae Chin Metal Ind. Co ...... 31.23 then 0.5 percent. Poong Kang Ind. Co., Ltd ...... 31.23 Furthermore, the following cash For those comparison products for deposit requirements will be effective which there were sales that passed the Pursuant to 19 CFR 351.224(b), the upon completion of the final results of cost test, we based the respondent’s NV Department will disclose to parties to this administrative review for all on the price at which the foreign like the proceeding any calculations shipments of top-of-stove stainless steel product is first sold for consumption in performed in connection with these cooking ware from Korea entered, or Korea, in the usual commercial preliminary results within 5 days of the withdrawn from warehouse, for quantities, in the ordinary course of date of publication of this notice. Any consumption on or after publication

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date of the final results of these Northwest Fruit Exporters (‘‘NFE’’) on Washington; Dole Northwest, administrative reviews, as provided by June 11, 1984. Notice of issuance of the Wenatchee, Washington; Fossum section 751(a)(1) of the Act: (1) The cash Certificate was published in the Federal Orchards, Inc., Yakima, Washington; deposit rates for the reviewed Register on June 14, 1984 (49 FR 24581). Garrett Ranches Packing, Wilder, Idaho; companies will be the rates established FOR FURTHER INFORMATION CONTACT: R.E. Redman & Sons, Inc., Wapato, in the final results of this administrative Jeffrey C. Anspacher, Director, Office of Washington; Regal Fruit Cooperative, review, except if the rate is less than 0.5 Export Trading Company Affairs, Tonasket, Washington; Sun Fresh percent ad valorem and, therefore, de International Trade Administration, International, LLC, Wenatchee, minimis, no cash deposit will be (202) 482–5131 (this is not a toll-free Washington; Taplett Fruit Packing Inc., required; (2) for exporters not covered in number) or E-mail at [email protected]. Wenatchee, Washington; Voelker Fruit this review, but covered in the original SUPPLEMENTARY INFORMATION: Title III of & Cold Storage, Inc., Yakima, LTFV investigation or a previous the Export Trading Company Act of Washington; and Williamson Orchards, review, the cash deposit rate will 1982 (15 U.S.C. Sections 4001–21) Caldwell, Idaho; and continue to be the company-specific rate authorizes the Secretary of Commerce to 3. Change the listing of the following published in the most recent period; (3) issue Export Trade Certificates of Members: ‘‘Allan Bros., Inc., Naches, if the exporter is not a firm covered in Review. The regulations implementing Washington’’ to the new listing ‘‘Allan this review, a previous review, or the Title III are found at 15 CFR part 325 Bros., Naches, Washington’’; ‘‘Borton & original LTFV investigation, but the (2001). Sons, Yakima, Washington’’ to ‘‘Borton manufacturer is, the cash deposit rate The Office of Export Trading & Sons, Inc., Yakima, Washington’’; will be the rate established for the most Company Affairs (‘‘OETCA’’) is issuing ‘‘Carlson Orchards, Yakima, recent period for the manufacturer of this notice pursuant to 15 CFR 325.6(b), Washington’’ to ‘‘Carlson Orchards, Inc., the merchandise; and (4) if neither the which requires the Department of Yakima, Washington’’; ‘‘CPC exporter nor the manufacturer is a firm Commerce to publish a summary of the International Apple Co., Tieton, covered in this or any previous reviews certification in the Federal Register. Washington’’ to ‘‘CPC International or the LTFV investigation, the cash Under Section 305(a) of the Act and 15 Apple Company, Tieton, Washington’’; deposit rate will be 8.10 percent, the CFR 325.11(a), any person aggrieved by ‘‘Domex Marketing Co., Yakima, ‘‘all-others’’ rate established in the the Secretary’s determination may, Washington’’ to ‘‘Domex Marketing, LTFV investigation. These deposit within 30 days of the date of this notice, Yakima, Washington’’; ‘‘Douglas Fruit requirements, when imposed, shall bring an action in any appropriate Co., Pasco, Washington’’ to ‘‘Douglas remain in effect until publication of the district court of the United States to set Fruit Company, Inc., Pasco, final results of the next administrative aside the determination on the ground Washington’’; ‘‘Dovex Fruit Company, review. that the determination is erroneous. Wenatchee, Washington’’ to ‘‘Dovex This notice serves as a preliminary Fruit Co., Wenatchee, Washington’’; reminder to importers of their Description of Amended Certificate ‘‘Hansen Fruit & Cold Storage, Co., responsibility under 19 CFR 351.402(f) Export Trade Certificate of Review Yakima, Washington’’ to ‘‘Hansen Fruit to file a certificate regarding the No. 84–00012, was issued to NFE on & Cold Storage Co., Inc., Yakima, reimbursement of antidumping duties June 11, 1984 (49 FR 24581, June 14, Washington’’; ‘‘Jenks Bro. Cold Storage, prior to liquidation of the relevant 1984) and previously amended on May Inc., Royal City, Washington’’ to ‘‘Jenks entries during this review period. 2, 1988 (53 FR 16306, May 6, 1988); Bros. Cold Storage & Packing, Royal Failure to comply with this requirement September 21, 1988 (53 FR 37628, City, Washington’’; ‘‘Kershaw Fruit & could result in the Secretary’s September 27, 1988); September 20, Cold Storage, Yakima, Washington’’ to presumption that reimbursement of 1989 (54 FR 39454, September 26, ‘‘Kershaw Fruit & Cold Storage, Co., antidumping duties occurred and the 1989); November 19, 1992 (57 FR 55510, Yakima, Washington’’; ‘‘Keystone subsequent assessment of double November 25, 1992); August 16, 1994 Ranch, Riverside, Washington’’ to antidumping duties. (59 FR 43093, August 22, 1994); ‘‘Keystone Fruit Co. L.L.C. dba Keystone This administrative review and this November 4, 1996 (61 FR 57850, Ranch, Riverside, Washington’’; ‘‘Lloyd notice are in accordance with sections November 8, 1996); October 22, 1997 Garretson, Co., Inc., Yakima, 751(a)(1) and 777(i)(1) of the Act. (62 FR 55783, October 28, 1997); Washington’’ to ‘‘Lloyd Garretson Co. Dated: October 3, 2002. November 2, 1998 (63 FR 60304, Yakima, Washington’’; ‘‘Northern Fruit Faryar Shirzad, November 9, 1998); October 20, 1999 Co., Wenatchee, Washington’’ to Assistant Secretary for Import (64 FR 57438, October 25, 1999); ‘‘Northern Fruit Company, Inc., Administration. October 16, 2000 (65 FR 63567, October Wenatchee, Washington’’; [FR Doc. 02–25686 Filed 10–8–02; 8:45 am] 24, 2000); and October 5, 2001 (66 FR ‘‘Northwestern Fruit & Produce Co., BILLING CODE 3510–DS–P 52111, October 12, 2001). Yakima, Washington’’ to ‘‘Apple King, NFE’s Export Trade Certificate of LLC, Yakima, Washington’’; ‘‘Obert Cold Review has been amended to: Storage, Zillah, Washington’’ to ‘‘Obert DEPARTMENT OF COMMERCE 1. Add each of the following Cold Storage, Inc., Zillah, Washington’’; companies as a new ‘‘Member’’ of the ‘‘Poirier Packing & Warehouse, Pateros, International Trade Administration Certificate within the meaning of Washington’’ to ‘‘Poirier Warehouse, section 325.2(1) of the Regulations (15 Pateros, Washington’’; ‘‘Price Cold Export Trade Certificate of Review CFR 325.2(1)): L & M Companies, Selah, Storage, Yakima, Washington’’ to ‘‘Price ACTION: Notice of issuance of an Washington; Orondo Fruit Co., Inc., Cold Storage & Packing Co., Inc., Amended Export Trade Certificate of Orondo, Washington; and Rawland F. Yakima, Washington’’; ‘‘Rainier Fruit Review, Application No. 84–13A12. Taplett d/b/a R.F. Taplett Fruit & Cold Sales, Selah, Washington’’ to ‘‘Rainier Storage Co., Wenatchee, Washington; Fruit Company, Selah, Washington; SUMMARY: The Department of Commerce 2. Delete the following companies as ‘‘Rowe Farms, Naches, Washington’’ to has issued an amendment to the Export ‘‘Members’’ of the Certificate: Chief ‘‘Rowe Farms, Inc., Naches, Trade Certificate of Review granted to Wenatchee Growers, Wenatchee, Washington’’; ‘‘Sund-Roy, Inc., Yakima,

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Washington’’ to ‘‘Sund-Roy L.L.C., representation from academic, industry, ACTION: Notice. Yakima, Washington’’; ‘‘Valley Fruit, state government and citizens groups, Wapato, Washington’’ to ‘‘Valley Fruit was established in 1976 by Section 209 SUMMARY: As required by the Paperwork III LLC, Wapato, Washington’’; ‘‘Yakima of the Sea Grant Improvement Act Reduction Act of 1995 (44 U.S.C. Fruit & Cold Storage, Yakima, (Public Law 94–461, 33 U.S.C. 1128). Chapter 35), the Consumer Product Washington’’ to ‘‘Yakima Fruit & Cold The Panel advises the Secretary of Safety Commission (CPSC) requests Storage Co., Yakima, Washington’’; and Commerce and the Director of the comments on a proposed extension of ‘‘Zirkle Fruit Co., Selah, Washington’’ to National Sea Grant College Program approval, for a period of three years ‘‘Zirkle Fruit Company, Selah, with respect to operations under the from the date of approval by the Office Washington’’. Act, and such other matters as the of Management and Budget (OMB), of The effective date of the amended Secretary refers to them for review and information collection requirements in certificate is July 8, 2002. A copy of the advice. The agenda for the meeting is as regulations regarding children’s articles amended certificate will be kept in the follows: called baby-bouncers, walker-jumpers, International Trade Administration’s or baby-walkers. The collection of Freedom of Information Records Tuesday, October 22, 2002 information consists of requirements Inspection Facility, Room 4102, U.S. 8:30 a.m.—Welcoming and Opening of that manufacturers and importers of Department of Commerce, 14th Street Meeting, Approval of Minutes and Agenda, these products must establish and and Constitution Avenue, NW., Introductory Remarks. maintain records of inspections, testing, Washington, DC 20230. 8:45 a.m.—Executive Committee Report, sales, and distributions to demonstrate Summary of Executive Committee Meeting, that the products are not banned by Dated: October 3, 2002. Meetings with NOAA, Leadership Retreat, rules issued under the Federal Jeffrey C. Anspacher, Sea Grant Association. Hazardous Substances Act and codified Director, Office of Export Trading, Company 9:15 a.m.—State of Sea Grant, Strategy in the at 16 CFR part 1500. Affairs. Next Five Years, Reauthorization/OMB— Competition and Merit, Strategic Planning The CPSC will consider all comments [FR Doc. 02–25682 Filed 10–8–02; 8:45 am] in Sea Grant and NOAA, NOAA’s received in response to this notice BILLING CODE 3510–DR–P Changing Organizational Structure, before requesting approval of this National Ocean Commission, Improving collection of information from OMB. Sea Grant’s Role in NOAA. DATES: The Office of the Secretary must DEPARTMENT OF COMMERCE 10 a.m.—Sea Grant Association President’s receive written comments not later than Report. December 9, 2002. National Oceanic and Atmospheric 10:30 a.m.—Break. Administration 10:45 a.m.—Draft Allocation Policy. ADDRESSES: Written comments should 11:30 a.m.—Program Evaluation. be captioned ‘‘Baby-Bouncers’’ and National Sea Grant Review Panel 12:15 p.m.—Fisheries Extension. mailed to the Office of the Secretary, 12:45 p.m.—Lunch. Consumer Product Safety Commission, AGENCY: National Oceanic and 2 p.m.—Sea Grant and NOAA, Functions of Washington, DC 20207, or delivered to Atmospheric Administration, the NOAA Sea Grant Office, Discussion: that office, Room 502, 4330 East-West Commerce. Strategy to Better Integrate Sea Grant into Highway, Bethesda, Maryland 20814. NOAA, National Communications Strategy. ACTION: Notice of public meeting. 4 p.m.—Panel Roundtable for New Members, Written comments may also be sent to the Office of the Secretary by facsimile SUMMARY: This notice sets forth the How the Panel Operates, Recent Reports, Panel Member Insights. Wednesday, at (301) 504–0127 or by e-mail at cpsc- schedule and proposed agenda of a October 23, 2002 [email protected]. forthcoming meeting of the Sea Grant 8:30 a.m.—NOAA Update. FOR FURTHER INFORMATION CONTACT: For Review Panel. The meeting will have 9:30 a.m.—Congressional Update. information about the proposed several purposes. Panel members will 10:30 a.m.—Break. extension of approval of the collection discuss and provide advice on the 10:45 a.m.—Debrief on the Executive of information, or to obtain a copy of 16 National Sea Grant College Program in Committee Meetings CFR part 1500, call or write Linda L. the areas of program evaluation, 11:15 a.m.—NSGO Update, National Glatz, Office of Planning and education and extension, science and Competitions, New Hampshire Sea Grant Evaluation, Consumer Product Safety technology programs, and other matters College Application, FY2003 Budget, Education Update, Climate Extension. Commission, Washington, DC 20207; as described below: 12 noon—Wrap-up, Sea Grant Week Meeting. telephone (301) 504–0416, extension DATES: The announced meeting is 12:15 p.m.—Adjourn. 2226. scheduled during two days: Tuesday, October 22, 8:30 a.m. to 6 p.m.; Dated: October 3, 2002. SUPPLEMENTARY INFORMATION: Products Wednesday, October 23, 8:30 a.m. to Louisa Koch, called ‘‘baby-bouncers,’’ ‘‘walker- 12:15 p.m. Acting Assistant Administrator, Office of jumpers,’’ or ‘‘baby-walkers’’ are intended to support children younger ADDRESSES: U.S. Department of Oceanic and Atmospheric Research. than two years of age while they sit, Commerce, Herbert C. Hoover Building, [FR Doc. 02–25669 Filed 10–08–02; 8:45 am] bounce, jump, walk, or recline. 14th & Constitution Avenue, Northwest, BILLING CODE 3510–KA–M Regulations issued under provisions of Room 6059, Washington, DC 20230. the Federal Hazardous Substances Act FOR FURTHER INFORMATION CONTACT: Dr. (15 U.S.C. 1261, 1262) establish safety CONSUMER PRODUCT SAFETY Ronald C. Baird, Director, National Sea requirements for these products. Grant College program, National COMMISSION Oceanic and Atmospheric A. Requirements for Baby-Bouncers, Administration, 1315 East-West Proposed Collection of Information; Walker-Jumpers, and Baby Walkers Highway, Room 11761, Silver Spring, Comment Request—Baby-Bouncers, Walker-Jumpers, and Baby-Walkers One CPSC regulation bans any such Maryland 20910, (301) 713–2448. product if it is designed in such a way SUPPLEMENTARY INFORMATION: The Panel, AGENCY: Consumer Product Safety that exposed parts present hazards of which consists of a balanced Commission. amputations, crushing, lacerations,

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fractures, hematomas, bruises or other professional staff time reviewing records now announces that it has submitted to injuries to children’s fingers, toes, or required to be maintained by the the Office of Management and Budget a other parts of the body. 16 CFR regulations for baby-bouncers, walker- request for extension of approval of that 1500.18(a)(6). jumpers, and baby-walkers. The annual collection of information. A second CPSC regulation establishes cost to the Federal government of the These regulations require criteria for exempting baby-bouncers, collection of information in these manufacturers and importers of certain walker-jumpers, and baby-walkers from regulations is estimated to be $680 coal and woodburning appliances to the banning rule under specified (based on $42.50/hour staff time). provide safety information to consumers conditions. 16 CFR 1500.86(a)(4). The on labels and instructions and an exemption regulation requires certain C. Request for Comments explanation of how certain clearance labeling on these products and their The Commission solicits written distances in those labels and packaging to identify the name and comments from all interested persons instructions were determined. The address of the manufacturer or about the proposed collection of requirements to provide copies of labels distributor and the model number of the information. The Commission and instructions to the Commission product. Additionally, the exemption specifically solicits information relevant have been in effect since May 16, 1984. regulation requires that records must be to the following topics: For this reason, the information burden established and maintained for three • Whether the collection of imposed by this rule is limited to years relating to testing, inspection, information described above is manufacturers and importers sales, and distributions of these necessary for the proper performance of introducing new products or models, or products. The regulation does not the Commission’s functions, including making changes to labels, instructions, specify a particular form or format for whether the information would have or information previously provided to the records. Manufacturers and practical utility; the Commission. The purposes of the importers may rely on records kept in • Whether the estimated burden of reporting requirements in part 1406 are the ordinary course of business to the proposed collection of information to reduce risks of injuries from fires satisfy the recordkeeping requirements is accurate; associated with the installation, • if those records contain the required Whether the quality, utility, and operation, and maintenance of the information. clarity of the information to be collected appliances that are subject to the rule, The OMB approved the collection of could be enhanced; and • and to assist the Commission in information requirements in the Whether the burden imposed by the determining the extent to which regulations under control number 3041– collection of information could be manufacturers and importers comply 0019. OMB’s most recent extension of minimized by use of automated, with the requirements in part 1406. approval expires on January 31, 2003. electronic or other technological The CPSC now proposes to request an collection techniques, or other forms of Additional Information About the extension of approval without change information technology. Request for Extension of Approval of Information Collection Requirements for the regulations’ information Dated: October 3, 2002. collection requirements. Todd A. Stevenson, Agency address: Consumer Product The safety need for this collection of Safety Commission, Washington, DC information remains. Specifically, if a Secretary, Consumer Product Safety Commission. 20207. manufacturer or importer distributes [FR Doc. 02–25633 Filed 10–8–02; 8:45 am] Title of information collection: products that violate the banning rule, Notification Requirements for Coal and BILLING CODE 6355–01–P the records required by section Woodburning Appliances, 16 CFR part 1500.86(a)(4) can be used by the firm 1406. and the CPSC (i) to identify specific CONSUMER PRODUCT SAFETY Type of request: Extension of models of products that fail to comply COMMISSION approval. with applicable requirements, and (ii) to Frequency of collection: Labeling, notify distributors and retailers if the Notification of Request for Extension plus one-time requirement for reporting products are subject to recall. of Approval of Information Collection of new models or changes. General description of respondents: B. Estimated Burden Requirements; Notification Requirements Under Safety Manufacturers and importers of coal The CPSC staff estimates that about 28 Regulations for Coal and Woodburning and woodburning appliances. firms are subject to the testing and Appliances Estimated Number of respondents: 5. recordkeeping requirements of the Estimated average number of regulations. The CPSC staff estimates AGENCY: Consumer Product Safety responses per respondent: 1 per year. further that the burden imposed by the Commission. Estimated number of responses for all regulations on each of these firms is ACTION: Notice. respondents: 5 per year. approximately 2 hours per year. Thus, Estimated number of hours per the total annual burden imposed by the SUMMARY: In the July 9, 2002 Federal response: 3. regulations on all manufacturers and Register (67 FR 45483), the Consumer Estimated number of hours for all importers is about 56 hours. Product Safety Commission published a respondents: 15 per year. The CPSC staff estimates that the notice in accordance with provisions of Estimated cost of collection for all hourly wage for the time required to the Paperwork Reduction Act of 1995 respondents: $397. perform the required testing and to (44 U.S.C. Chapter 35) to announce the Comments: Comments on this request maintain the required records is about agency’s intention to seek an extension for extension of approval of information $28.40 (rate for total compensation of of approval through October 31, 2005, of collection requirements should be technical workers, 2002), and that the information collection requirements in submitted by November 8, 2002 to (1) annual total cost to the industry is the safety regulations for coal and Office of Information and Regulatory approximately $1,590.40. woodburning appliances (16 CFR part Affairs, Attn: OMB Desk Officer for During a typical year, the CPSC will 1406). No responses were received in CPSC, Office of Management and expend approximately two days of response to the notice. The Commission Budget, Washington DC 20503;

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telephone: (202) 395–7340, and (2) the Recommendation 95–2, Safety • Input and embedded data are Office of the Secretary, Consumer Management are: (1) Analyzing hazards; accurate. Product Safety Commission, and (2) identifying and implementing • Software undergoes an appropriate Washington, DC 20207. Written controls to prevent and/or mitigate verification and validation process. comments may also be sent to the Office potential accidents. DOE relies heavily • Results are in reasonable agreement of the Secretary by facsimile at (301) on computer software to analyze with available benchmark data. • 504–0127 or by e-mail at cpsc- hazards, and design and operate All internal logic states of PLCs and [email protected]. controls that prevent or mitigate SCADA are understood, so that no Copies of this request for an extension potential accidents. sequence of inputs, even those due to of an information collection DOE and its contractors use many component failure, can leave the requirement are available from Linda codes to evaluate the consequences of controlled system in an unexpected or potential accidents. Safety controls and unanalyzed state. Glatz, management and program • analyst, Office of Planning and their functional classifications are often Computer codes are properly and based on these evaluations. Functional consistently executed by analysts. Evaluation, Consumer Product Safety • Commission, Washington, DC 20207; classifications establish the level of rigor Code modifications and improvements are controlled, subjected telephone: (301) 504–0416, extension to which controls are designed, to regression and re-acceptance testing, 2226. procured, maintained, and inspected. The robustness and reliability of many and documented. Dated: October 2, 2002. structures, systems, and components DOE identified inadequate SQA as a Todd A. Stevenson, (SSCs) throughout DOE’s defense problem as early as December 1989, Secretary, Consumer Product Safety nuclear complex depend on the quality when its Office of Environment, Safety Commission. of the software used to analyze and to and Health (DOE–EH) issued [FR Doc. 02–25632 Filed 10–8–02; 8:45 am] guide these decisions, the quality of the ENVIRONMENT, SAFETY & HEALTH BILLING CODE 6355–01–P software used to design or develop BULLETIN EH–89–9, Technical controls, and proficiency in use of the Software Quality Assurance Issues. This software. In addition, software that bulletin states, ‘‘Inadequate SQA for DEFENSE NUCLEAR FACILITIES performs safety-related functions in scientific and technical codes at any SAFETY BOARD distributed control systems, supervisory phase in their ‘‘life cycle’’ may not only result in lost time and/or excessive [Recommendation 2002–1] control and data acquisition systems (SCADA), and programmable logic project costs, but may also endanger equipment and public or occupational Quality Assurance for Safety-Related controllers (PLC) requires the same high sectors.’’ The bulletin cites problems Software quality needed to provide adequate protection for the public, the workers, with all three types of software noted AGENCY: Defense Nuclear Facilities and the environment. Other types of above (analysis, design, and operation). Safety Board. software, such as databases used in Likewise, a 1997 assessment performed ACTION: Notice, recommendation. safety management activities, can also by DOE’s Accident Phenomenology and serve important safety functions and Consequence Assessment Methodology SUMMARY: The Defense Nuclear deserve a degree of quality assurance Evaluation Program determined that Facilities Safety Board has made a commensurate with their safety only a small fraction of accident recommendation to the Secretary of significance. analysis computer codes meet current Energy pursuant to 42 U.S.C. 2286a(a)(5) In some areas where there is at industry SQA standards. SQA problems concerning quality assurance for safety- present no substantial activity in continue to persist, as documented in related software. development of new software for safety the Board’s technical report DNFSB/ DATES: Comments, data, views, or applications, new calculations are TECH–25, Quality Assurance for Safety- arguments concerning this usually based on existing codes, with Related Software at Department of recommendation are due on or before data inputs and some logic chains often Energy Defense Nuclear Facilities, November 8, 2002. modified to fit the problems of the issued in January 2000. ADDRESSES: Send comments, data, moment. It is therefore necessary to An integrated and effective SQA views, or arguments concerning this ensure that software so modified is not infrastructure still does not exist within recommendation to: Defense Nuclear placed in general use in competition DOE. This situation can lead to both Facilities Safety Board, 625 Indiana with generally validated and more errors in technical output from software Avenue, NW., Suite 700, Washington, widely useable software. used in safety analyses and incorrect DC 20004–2901. Software quality assurance (SQA) performance of instrumentation and controls for safety-related systems. In a FOR FURTHER INFORMATION CONTACT: provides measures designed to ensure letter to DOE dated January 20, 2000, Kenneth M. Pusateri or Andrew L. that computer software will perform its the Board identified these deficiencies Thibadeau at the address above or intended functions. Such measures and requested that DOE provide a telephone (202) 694–7000. must be applied during the design, testing, documentation, and subsequent corrective action plan within 60 days. Dated: October 1, 2002. use of the software, and must be On October 3, 2000, the Board received John T. Conway, maintained throughout the software life DOE’s corrective action plan, but found Chairman. cycle. It is generally accepted that an that it did not sufficiently respond to September 23, 2002. effective SQA program ensures that: the Board’s concerns. On October 23, • All requirements, including the 2000, the Board asked for a new plan of Background safety requirements, are properly action; DOE has never submitted a Two core Integrated Safety specified. revised plan, although several Management (ISM) functions evolving • Models are a valid representation of deliverables under the original plan from the Department of Energy’s (DOE) the physical phenomena of interest, and have been received. implementation of Defense Nuclear digital control functions are properly During the Board’s August 15, 2001, Facilities Safety Board (Board) executed. public meeting on quality assurance,

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DOE proposed a revised set of actions to Research and Development (LEAs) in the U.S. Territories (American improve SQA processes and practices. 6. Identify evolving areas in software Samoa (AS), the Commonwealth of the Since then, DOE has attempted to development in which additional Northern Mariana Islands (CMNI), develop a Quality Assurance research and development is needed to Guam (GU), and the Virgin Islands (VI)) Improvement Plan that includes SQA as ensure software quality. and the Freely Associated States (the a key goal. This action now appears Federated States of Micronesia (FSM), stalled as a result of internal differences Appendix—Transmittal Letter to the the Republic of the Marshall Islands over objectives and funding. Thus, Secretary of Energy Defense Nuclear (RMI), and the Republic of Palau (RP)) despite well over two years of effort, Facilities Safety Board with financial assistance to provide DOE has failed to develop and September 23, 2002. direct educational services to assist all implement effective corrective actions The Honorable Spencer Abraham, Secretary students with meeting challenging State in response to the Board’s reporting of Energy, 1000 Independence Avenue, academic standards and to carry out requirement. SW., Washington, DC 20585–1000. activities described in the Elementary Dear Secretary Abraham: The Defense and Secondary Education Act as This situation is not acceptable. To Nuclear Facilities Safety Board (Board) has reauthorized by the No Child Left improve SQA in the DOE complex, the been following closely the Department of Behind Act of 2001 (NCLB), including Board recommends prompt actions to Energy’s (DOE) response to a reporting teacher training, curriculum achieve the following: requirement dated January 20, 2000, which development, development or requested a corrective action plan to address acquisition of instructional materials, Responsibility and Authority deficiencies documented in the Board’s technical report DNFSB/TECH–25, Quality and general school improvement and 1. Define responsibility and authority Assurance for Safety-Related Software at reform. for the following: developing SQA Department of Energy Defense Nuclear Deadline for Transmittal of guidance, conducting oversight of the Facilities. Although more than two years Applications: December 9, 2002. development and use of software have since elapsed, DOE has been unable to Deadline for Intergovernmental important to safety, and directing develop and execute an acceptable plan to Review: January 7, 2003. research and development as noted resolve these issues, some of which were Applications Available: October 9, below. Roles and responsibilities should identified as early as 1989. Since the Board’s 2002. August 15, 2001, public meeting on quality address all software important to safety, Eligible Applicants: LEAs in AS, assurance, DOE has been developing an CNMI, GU, VI, FSM, RMI, and the RP. including, at a minimum, design overall Quality Assurance Improvement Plan software, instrumentation and control that includes software quality assurance as a Note: The Freely Associated States (FSM, software, software for analysis of key element, but this effort has not yet RMI and RP) are eligible for these funds only consequences of potential accidents, produced any substantial results. until an agreement for the extension of U.S. educational assistance under new Compacts and other types of software, such as As a result, the Board on September 23, 2002, unanimously approved of Free Association for those States become databases used for safety management effective. functions. Recommendation 2002–1, Quality Assurance for Safety-Related Software, which is Available Funds: $4,750,000.00. 2. Assign those responsibilities and enclosed for your consideration. After your Estimated Range of Awards: authorities to offices/individuals with receipt of this recommendation and as $250,000–800,000. the necessary technical expertise. required by 42 U.S.C. 2286d(a), the Board Estimated Average Size of Awards: will promptly make it available for access by $475,000. Recommended Computer Codes for the public in DOE’s regional public reading Estimated Number of Awards: 10. Safety Analysis and Design rooms. The Board believes that the recommendation contains no information Note: The Department is not bound by any 3. Identify software that would be that is classified or otherwise restricted. To estimates in this notice. recommended for use in performing the extent this recommendation does not Project Period: Up to 36 months. design and analyses of SSCs important include information restricted by DOE under Supplemental Information: to safety, and for analysis of expected the Atomic Energy Act of 1954, 42 U.S.C. The T&FASEG program provides consequences of potential accidents. 2161–68, as amended, please see that it is financial assistance to the Territories promptly placed on file in your regional and Freely Associated States for 4. Identify an organization responsible public reading rooms. The Board will also for management of each of these publish this recommendation in the Federal programs that will enable students to software tools, including SQA, technical Register. make progress toward achieving high support, configuration management, State academic standards and the high Sincerely, levels of educational achievement training, notification to users of John T. Conway, envisioned by the NCLB. The T&FASEG problems and fixes, and other official Chairman. program is a supplemental resource to stewardship functions. [FR Doc. 02–25488 Filed 10–8–02; 8:45 am] local school jurisdictions to help Proposed Changes to the Directives BILLING CODE 3670–01–P improve the quality of teaching and System learning to ensure that no child is left behind. The grants may be used for 5. Establish requirements and DEPARTMENT OF EDUCATION educational purposes that are consistent guidance in the DOE directives system with the purposes and programs [CFDA No. 84.256] for a rigorous SQA process, including authorized in the Elementary and specific guidance on the following: Office of Elementary and Secondary Secondary Education Act (ESEA), as grading of requirements according to Education; Territories and Freely reauthorized by the NCLB. safety significance and complexity; Associated States Educational Grant Under the T&FASEG program, the performance of safety reviews, (T&FASEG) Program; Notice Inviting Secretary awards grants for projects to’ including failure analysis and fault Applications for New Awards (a) Conduct activities consistent with tolerance; performance of verification the purposes of the ESEA as and validation testing; and training to Purpose of Program: This program reauthorized by the NCLB, including the ensure proficiency of users. provides local educational agencies types of activities authorized by ESEA—

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(1) Title I—Improving The Academic high academic standards, that are used (1) The Secretary considers the Achievement of the Disadvantaged. to improve student achievement, and quality of the design of the proposed (2) Title II—Preparing, Training and that are a part of an overall education project. Recruiting High Quality Teachers and reform plan. (2) In determining the quality of the Principals. • Programs that involve families, design of the proposed project, the (3) Title III—Language Instruction for communities, and businesses in the Secretary considers the following Limited English Proficient and planning and operation of educational factors: Immigrant Students. programs for their children. (i) The extent to which the goals, (4) Title IV—21st Century Schools. • Programs to enhance student and objectives, and outcomes to be achieved (5) Title V—Promoting Informed parental choice among public schools, by the proposed project are clearly Parental Choice and Innovative including charter schools. specified and measurable, and the Programs. Note: The full text of the NCLBA may be extent to which they will be measured. (b) Provide direct educational services found on the Internet at: http://www.ed.gov/ (ii) The extent to which the design of that assist all students with meeting legislation/ESEA02/. the proposed project is appropriate to, challenging State content standards. For Applicable Regulations: The and will successfully address, the needs the purposes of this program, the term Education Department General of the target population or other ‘‘direct educational services’’— Administrative Regulations (EDGAR) in identified needs. (1) Means activities that are designed (iii) The extent to which the proposed 34 CFR parts 75, 77, 79, 80, 81, 82, 85, to improve student achievement or the project will be coordinated with similar quality of education; and 86, 97, 98, and 99. Selection Criteria: The Secretary will or related efforts, and with other (2) Includes instructional services for use the following selection criteria in appropriate community, State, and students and teacher training. accordance with 34 CFR 75.209–75.210 Federal resources. Allowable Activities to evaluate applications under this (iv) The extent to which the proposed project is part of a comprehensive effort The following illustrates some of the competition. As provided for in the authorizing legislation, the Secretary, in to improve teaching and learning and many types of activities that a grantee support rigorous academic standards for may conduct with funds under this making awards under this program, will take into consideration the students. program: (v) The extent to which the proposed recommendations of Pacific Resources • Programs based on scientifically project encourages parental for Education and Learning (PREL). based research that are designed to involvement. PREL will use the following criteria in strengthen the knowledge and skills of (vi) The extent to which performance developing its recommendations, and elementary and secondary students in feedback and continuous improvement the Secretary will use them in making primarily reading, language arts and are integral to the design of the final funding decisions. mathematics, but may also include proposed project. science, foreign languages, civics and (a) Need for Project. (25 points.) (1) The Secretary considers the need (d) Adequacy of Resources. (5 points.) government, economics, history, and (1) The Secretary considers the for the proposed project. geography. (2) In determining the need for the adequacy of resources for the proposed • The establishment of professional proposed project, the Secretary project. development programs that provide pre- considers the following factors: (2) In determining the adequacy of service and in-service training and give (i) The magnitude or severity of the resources for the proposed project, the teachers, principals, and administrators problem to be addressed by the Secretary considers the following the knowledge and skills to help proposed project. factors: students meet challenging State or local (ii) The magnitude of the need for the (i) The extent to which the budget is academic content standards and student services to be provided or the activities adequate to support the proposed academic achievement standards. project. • to be carried out by the proposed Programs to recruit, train, and hire project. (ii) The extent to which the costs are highly-qualified teachers. reasonable in relation to the objectives, • (iii) The extent to which the proposed The planning, design, and operation project will address the needs of design, and potential significance of the of model, innovative schools and disadvantaged and other students who proposed project. programs that— are at risk of educational failure. (iii) The extent to which the costs are (1) Are based on scientifically based (b) Significance. (10 points.) reasonable in relation to the number of research and methods of teaching and (1) The Secretary considers the persons to be served and to the learning; and significance of the proposed project. anticipated results and benefits. (2) Are specially tailored to meet the (2) In determining the significance of (e) Quality of project personnel. (10 educational needs of children in the the proposed project, the Secretary points.) area to be served. considers the following factors: (1) The Secretary considers the • Programs for early language, (i) The significance of the proposed quality of the project personnel who literacy, and pre-reading development, project to education in the area to be will carry out the proposed project. particularly for students from low- served. (2) In determining the quality of the income families. (ii) The significance of the problems personnel, the Secretary considers the • Programs for the development of or issues to be addressed by the extent to which the applicant curricula and instructional materials proposed project. encourages applications for employment and the acquisition and use of (iii) The importance or magnitude of from persons who are members of instructional materials, including the results or outcomes likely to be groups that have traditionally been library and reference materials, attained by the proposed project, underrepresented based on race, color, academic assessments, reference especially improvements in teaching national origin, gender, age, or materials, computer software and and student achievement. disability. hardware for instructional use, and (c) Quality of the Project Design. (25 (3) In addition, the Secretary other curricular materials that are tied to points.) considers the following factors:

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(i) The qualifications, including proposed rules, competitive preferences DEPARTMENT OF ENERGY relevant training and experience, of the and program definitions. Section 437 project director. (d)(1) of the General Education Environmental Management Site- (ii) The qualifications, including Provisions Act (GEPA), however, allows Specific Advisory Board, Fernald relevant training and experience, of key the Secretary to exempt from AGENCY: Department of Energy. project personnel. rulemaking requirements rules (iii) The qualifications, including governing the first grant competition ACTION: Notice of open meeting. relevant training and experience, of under a new or substantially revised SUMMARY: This notice announces a project consultants or subcontractors. program authority (20 U.S.C. meeting of the Environmental (f) Quality of the project evaluation. 1232(d)(1)). The Secretary, in Management Site-Specific Advisory (15 points.) accordance with section 437 (d)(1) of Board (EM SSAB), Fernald. The Federal (1) The Secretary considers the GEPA, has decided to forego public Advisory Committee Act (Pub. L. 92– quality of the evaluation to be comment in order to ensure timely grant 463, 86 Stat. 770) requires that public conducted of the proposed project. awards. (2) In determining the quality of the notice of these meetings be announced For Applications and Further in the Federal Register. evaluation, the Secretary considers the information contact: Valerie Rogers, U. DATES: Saturday, October 12, 2002 8:30 following factors: S. Department of Education, 400 a.m.–Noon. (i) The extent to which the methods Maryland Avenue, SW, Room 3E245, of evaluation provide a scientific basis Washington, DC 20202–6140. ADDRESSES: Crosby Senior Center, 8910 for examining the effectiveness of Telephone (202) 260–2543. Willey Road, Harrison, OH. project implementation strategies. If you use a telecommunications FOR FURTHER INFORMATION CONTACT: (ii) The extent to which the methods device for the deaf (TDD), you may call Doug Sarno, The Perspectives Group, of evaluation include the use of the Federal Information Relay Service Inc., 1055 North Fairfax Street, Suite objective performance measures that are (FIRS) at 1–888–877–8339. 204, Alexandria, VA 22314, at (703) clearly related to the intended outcomes Individuals with disabilities may 837–1197, or e-mail; of the project and will produce obtain this document in an alternative [email protected]. quantitative and qualitative data. format, (e.g., Braille, large print, SUPPLEMENTARY INFORMATION (g) Quality of project services. (10 : audiotape, or computer diskette) on points.) Purpose of the Board: The purpose of (1) The Secretary considers the request to the contact person listed in the Board is to make recommendations quality of the services to be provided by this section. to DOE in the areas of environmental the proposed project. Individuals with disabilities also may restoration, waste management, and (2) In determining the quality of the obtain a copy of the application package related activities. in alternative format, by contacting that services to be provided by the proposed Tentative Agenda project, the Secretary considers the person. However, the Department is not quality and sufficiency of strategies for able to reproduce in an alternative 8:30 a.m.—Call to Order 8:30–8:45 a.m.—Chair’s Remarks and Ex ensuring equal access and treatment for format the standard forms included in Officio Announcements eligible project participants who are the application package. 8:45–9 a.m.—Plan for Upcoming Chairs members of groups that have Electronic Access to This Document Meeting traditionally been underrepresented 9–10 a.m.—Silos Update and Discussion based on race, color, national origin, You may view this document, as well 10–10:15 a.m.—Break gender, age, or disability. as all other Department of Education 10:15–11:45 a.m.—Record Report (3) In addition, the Secretary documents published in the Federal Discussion considers the following factors: Register, in text or Adobe Portable 11:45–12 p.m.—Public Comment (i) The extent to which the services to Document Format (PDF) on the Internet Noon—Adjourn be provided by the proposed project are at the following site: http://www.ed.gov/ appropriate to the needs of the intended legislation/FedRegister. Public Participation: The meeting is recipients or beneficiaries of those To use PDF you must have Adobe open to the public. Written statements services. Acrobat Reader, which is available free may be filed with the Board chair either (ii) The likely impact of the services at the previous site. If you have before or after the meeting. Individuals to be provided by the proposed project questions about using, call the U.S. who wish to make oral statements on the intended recipients of those Government Printing Office (GPO), toll pertaining to agenda items should services. free at 1–888–293–6498; or in contact the Board chair at the address or (iii) The extent to which the training Washington, DC, area at (202) 512–1530. telephone number listed below. or professional development services to Note: The official version of this document Requests must be received five days be provided by the proposed project are is the document published in the Federal prior to the meeting and reasonable of sufficient quality, intensity, and Register. Free Internet access to the official provision will be made to include the duration to lead to improvements in edition of the Federal Register and the Code presentation in the agenda. The Deputy practice among the recipients of those of Federal Regulations is available on GPO Designated Federal Officer, Gary services. Access at: http://www.access.gpo.gov/nara/ Stegner, Public Affairs Office, Ohio (iv) The extent to which the services index.html. Field Office, U.S. Department of Energy, to be provided by the proposed project Program Authority: 20 U.S.C. 6331. is empowered to conduct the meeting in are focused on individuals with greatest a fashion that will facilitate the orderly needs. Dated: October 4, 2002. conduct of business. Each individual Waiver of Proposed Rulemaking: It is Susan B. Neuman, wishing to make public comment will the Secretary’s practice, in accordance Assistant Secretary for Elementary and be provided a maximum of five minutes with the Administrative Procedure Act Secondary Education. to present their comments. This Federal (5 U.S.C. 553), to offer interested parties [FR Doc. 02–25700 Filed 10–8–02; 8:45 am] Register notice is being published less the opportunity to comment on BILLING CODE 4000–01–P than 15 days prior to the meeting date

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due to programmatic issues that had to Station only. REMPH states that the South Dakota Public Utilities be resolved prior to the meeting date. cancellation results from the Commission. Minutes: The minutes of this meeting decommissioning of the units at the Comment Date: October 17, 2002. will be available for public review and Warren Station and will be effective on 6. Keystone Energy Group, Inc. copying at the Freedom of Information September 30, 2002. Public Reading Room, 1E–190, Forrestal Comment Date: October 16, 2002. [Docket No. ER02–2605–000] Building, 1000 Independence Avenue, 3. American Atlas #1, Ltd., L.L.L.P. Take notice that on September 26, SW, Washington, DC, 20585 between 9 2002, Keystone Energy Group, Inc. a.m. and 4 p.m., Monday–Friday, except [Docket No. ER02–2601–000] (Keystone) petitioned the Commission Federal holidays. Minutes will also be Take notice that on September 26, for acceptance of Keystone Rate available by writing to the Fernald 2002, American Atlas #1, Ltd., L.L.L.P. schedule FERC No. 1; the granting of Citizens’ Advisory Board, √ Phoenix (American Atlas), tendered for filing a certain blanket approvals, including the Environmental Corporation, MS–76, Notice of Cancellation of Rate Schedule authority to sell electricity at market Post Office Box 538704, Cincinnati, OH respecting American Atlas Electric based rates; and waiver of certain 43253–8704, or by calling the Advisory Tariff No. 1, which became effective Commission regulations. Board at (513) 648–6478. June 1, 1999, in Docket No. ER99–3086– Keystone intends to engage in Issued at Washington, DC on October 4, 000. American Atlas requests that the wholesale electric power and energy 2002. cancellation become effective November purchases and sales as a marketer. Rachel Samuel, 25, 2002. Keystone is not in the business of Deputy Advisory Committee Management Comment Date: October 17, 2002. generating or transmitting electric power. Officer. 4. Southern California Edison Company [FR Doc. 02–25680 Filed 10–8–02; 8:45 am] Comment Date: October 17, 2002. [Docket No. ER02–2602–000] BILLING CODE 6450–01–P 7. Madison Gas and Electric Company Take notice that on September 26, 2002, Southern California Edison [Docket No. ER02–2606–000] DEPARTMENT OF ENERGY Company (ASCE) tendered for filing the Take notice that on September 26, Amended and Restated Radial Lines 2002, Madison Gas and Electric Federal Energy Regulatory Agreement (Agreement) between SCE Company (MGE) tendered for filing a Commission and Reliant Energy Ormond Beach, service agreement under MGE’s Market- [Docket No. ER02–2418–001, et al.] L.L.C. Based Power Sales Tariff with Sempra The Agreement serves to show Energy Trading Corp. Northeast Utilities Service Company, et revisions for replacement of Capacitance MGE requests the agreement be al.; Electric Rate and Corporate Coupled Voltage Transformers that are effective on the date it was filed with Regulation Filings needed for SCE to operate and maintain the Federal Energy Regulatory the radial lines, and to conform to the Commission. September 30, 2002. requirements of the Commission’s Order Comment Date: October 17, 2002. The following filings have been made No. 614. 8. Quonset Point Cogen, L.P. with the Commission. The filings are SCE respectfully requests that the listed in ascending order within each Agreement become effective on [Docket No. ER02–2607–000] docket classification. September 27, 2002. Copies of this filing Take notice that on September 27, 1. Northeast Utilities Service Company were served upon the Public Utilities 2002, Quonset Point Cogen, L.P. Commission of the State of California (Quonset) tendered for filing with the [Docket No. ER02–2418–001] and Reliant Energy Ormond Beach, Federal Energy Regulatory Commission Take notice that on September 26, L.L.C. (Commission) an application for an 2002, Northeast Utilities Service Comment Date: October 17, 2002. order accepting its FERC Electric Rate Company (NUSCO) submitted a Schedule No. 1, granting certain blanket 5. MidAmerican Energy Company correction to the rate schedule with approvals, including the authority to respect to The Connecticut Light and [Docket No. ER02–2603–000] sell electricity at market-base rates, and Power Company (CL&P) which was Take notice that on September 26, waiving certain regulations of the correctly identified in the transmittal 2002, MidAmerican Energy Company Commission. Quonset requests letter, but not correctly identified on the (MidAmerican), filed with the expedited Commission consideration top left of each page of the composite Commission a Generation and waiver of the prior notice copies included as Attachment 2 to the Interconnection Contract between requirements so that its Electric Rate filing. The CL&P rate schedule MidAmerican, as transmission and Schedule No. 1 can become effective on designation should read ‘‘CL&P First distribution delivery services provider, October 15, 2002. Revised FERC Electric Rate Schedule and MidAmerican, as wholesale Comment Date: October 18, 2002. No. 492.’’ merchant, which incorporates the 9. Kentucky Utilities Company Comment Date: October 17, 2002. revisions as agreed to in the First [Docket No. ER02–2608–000] 2. Reliant Energy Mid-Atlantic Power Amendment to Generation Holdings, LLC Interconnection Contract, dated May 1, Take notice that on September 27, 2002 (Revised Contract). 2002, Kentucky Utilities Company (KU) [Docket No. ER02–2600–000] MidAmerican requests an effective filed an amendment to its Interchange Take notice that on September 25, date of May 1, 2002, for the Revised Agreement with the City of Paris, 2002 Reliant Energy Mid-Atlantic Power Contract and seeks a waiver of the Kentucky, to incorporate certain Holdings, LLC (REMPH) filed notice of Commission’s notice requirement. changes required in connection with the cancellation of its FERC Electric MidAmerican has served a copy of the KU’s transfer of certain distribution Rate Schedule No. 1 as it applies to filing on the Iowa Utilities Board, the facilities to the City of Paris. The Units 1 and 2 of REMPH’s Warren Illinois Commerce Commission and the Amendment does not change any rates

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or charges under the Interchange CONTACT PERSON FOR MORE INFORMATION: Dated: September 30, 2002. Agreement as previously approved and Magalie R. Salas, Secretary, Telephone Gloria D. Car, on file with this Commission. (202) 502–8400. Designated Federal Officer. Comment Date: October 18, 2002. Chairman Wood and Commissioners Gulf of Mexico Program—Citizens Advisory Standard Paragraph Massey, Breathitt and Brownell voted to Committee Meeting—Bay Towers Hotel and Any person desiring to intervene or to hold a closed meeting on October 9, Conference Center, Bay St. Louis, Mississippi, November 6–7, 2002 protest this filing should file with the 2002. The certification of the General Federal Energy Regulatory Commission, Counsel explaining the action closing Draft Agenda 888 First Street, NE., Washington, DC the meeting is available for public inspection in the Commission’s Public Wednesday, November 6 20426, in accordance with rules 211 and 11:45–1:00 CAC Members Networking 214 of the Commission’s rules of Reference Room at 888 First Street, NE., Washington, DC 20426. Luncheon (at hotel) practice and procedure (18 CFR 385.211 1:00–1:20 p.m. Opening Remarks/ and 385.214). Protests will be The Chairman and the Introductions (Jim Kachtick, Chair), considered by the Commission in Commissioners, their assistants, the Review and approval of November 7–8, determining the appropriate action to be Commission’s Secretary and her 2001 and June 11–13, 2002, Meeting taken, but will not serve to make assistant, the General Counsel and Summaries, Jim Kachtick, Chair protestants parties to the proceeding. members of her staff, and a stenographer 1:20–1:45 Chair Report, Jim Kachtick, Chair • Follow-up on CAC Action Items Any person wishing to become a party are expected to attend the meeting. Other staff members from the 1:45–2:15 GMP Director’s Report, Gloria must file a motion to intervene. All such Car, GMPO Associate Director motions or protests should be filed on Commission’s program offices who will 2:15–2:30 Break or before the comment date, and, to the advise the Commissioners in the matters 2:30–3:15 Presentation: Dockwatch Update extent applicable, must be served on the discussed will also be present. (Jellyfish), Dr. William Graham, Dauphin Island Sea Lab applicant and on any other person Magalie R. Salas, designated on the official service list. 3:15–5:00 Casino Magic Golf Course Gulf Secretary. This filing is available for review at the Guardian Award Video Golf Course Tour Commission or may be viewed on the [FR Doc. 02–25735 Filed 10–4–02; 8:45 am] (tentative) BILLING CODE 6717–01–P Evening Dinner Sponsored by Hancock Commission’s Web site at http:// County Board of Supervisors—location www.ferc.gov using the ‘‘RIMS’’ link, to be announced select ‘‘Docket #’’ and follow the instructions (call 202–208–2222 for Thursday, November 7 ENVIRONMENTAL PROTECTION assistance). Protests and interventions 7:30–8:30 Continental Breakfast AGENCY may be filed electronically via the 8:30–9:15 CAC Projects Report, Jennyfer Smith, Battelle Internet in lieu of paper; see 18 CFR • [FRL–7392–8] Dockwatch Project 385.2001(a)(1)(iii) and the instructions • Coastal Bird Trail on the Commission’s web site under the • Gulf of Mexico Program Citizens FFA Environmental Speech Project ‘‘e-Filing’’ link. • Advisory Committee Meeting GMP Presentation for CAC Members • CAC Web Page and Status of Bulletin Linwood A. Watson, Jr., Board Deputy Secretary. AGENCY: Environmental Protection 9:15–9:45 Election of Officers [FR Doc. 02–25646 Filed 10–8–02; 8:45 am] Agency ( EPA). 9:45–10:30 Members Roundtable and Participation Reports BILLING CODE 6717–01–P ACTION: Notice of meeting. 10:30–10:45 Break 10:45–11:30 Presentation on the Gulf SUMMARY: Under the Federal Advisory DEPARTMENT OF ENERGY Restoration Network, Cynthia Sarthou, Committee Act (Pub. L. 92–463), EPA Gulf Restoration Network Federal Energy Regulatory gives notice of a meeting of the Gulf of 11:15–11:30 Meeting Calendar for 2003 11:30–12:00 Citizens Advisory Committee Commission Mexico Program (GMP) Citizens Advisory Committee (CAC). Wrap-up • Discussion and Recommendations Notice of Meeting, Notice of Vote, DATES: The meeting will be held on 12:00 Adjourn Explanation of Action Closing Meeting Wednesday, November 6, 2002, from 1 [FR Doc. 02–25683 Filed 10–8–02; 8:45 am] and List of Persons To Attend p.m. to 5 p.m., and on Thursday, BILLING CODE 6560–50–P October 2, 2002. November 7, 2002, from 8:30 a.m. to 12 The following notice of meeting is p.m. published pursuant to Section 3(a) of ADDRESSES: The meeting will be held at ENVIRONMENTAL PROTECTION the Government in the Sunshine Act the Bay Tower Hotel and Conference AGENCY (Pub. L. No. 94–409), 5 U.S.C. 552b: Center, 711 Casino Magic Drive, Bay St. [OPP–2002–0270; FRL–7276–7] AGENCY HOLDING MEETING: Federal Louis, MS 39520 (1–800–5–MAGIC–5) Energy Regulatory Commission. FOR FURTHER INFORMATION CONTACT: Pesticide Product; Registration DATE AND TIME: October 9, 2002 (30 Gloria D. Car, Designated Federal Application Minutes Following Regular Commission Officer, Gulf of Mexico Program Office, Meeting). AGENCY: Environmental Protection Mail Code EPA/GMPO, Stennis Space Agency (EPA). PLACE: Hearing Room 5, 888 First Street, Center, MS 39529–6000 at (228) 688– ACTION: Notice. NE., Washington, DC 20426. 2421. STATUS: Closed. SUMMARY: This notice announces receipt MATTERS TO BE CONSIDERED: Non-Public, SUPPLEMENTARY INFORMATION: Proposed of an application to register a pesticide Investigations and Inquiries and agenda is attached. product containing a new active Enforcement Related Matters. The meeting is open to the public. ingredient not included in any

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previously registered products pursuant is available for public viewing at the a reference to that material in the to the provisions of section 3(c)(4) of the Public Information and Records version of the comment that is placed in Federal Insecticide, Fungicide, and Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The Rodenticide Act (FIFRA), as amended. Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the DATES: Written comments, identified by Hwy., Arlington, VA. This docket copyrighted material, will be available the docket ID number OPP–2002–0270, facility is open from 8:30 a.m. to 4 p.m., in the public docket. must be received on or before November Monday through Friday, excluding legal Public comments submitted on 8, 2002. holidays. The docket telephone number computer disks that are mailed or delivered to the docket will be ADDRESSES: Comments may be is (703) 305–5805. 2. Electronic access. You may access transferred to EPA’s electronic public submitted electronically, by mail, or this Federal Register document docket. Public comments that are through hand delivery/courier. Follow electronically through the EPA Internet mailed or delivered to the Docket will the detailed instructions as provided in under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s Unit I. of the SUPPLEMENTARY http://www.epa.gov/fedrgstr/. electronic public docket. Where INFORMATION. An electronic version of the public practical, physical objects will be FOR FURTHER INFORMATION CONTACT: docket is available through EPA’s photographed, and the photograph will Alan Reynolds, Biopesticides and electronic public docket and comment be placed in EPA’s electronic public Pollution Prevention Division (7511C), system, EPA Dockets. You may use EPA docket along with a brief description Office of Pesticide Programs, Dockets at http://www.epa.gov/edocket/ written by the docket staff. Environmental Protection Agency, 1200 to submit or view public comments, C. How and To Whom Do I Submit Pennsylvania Ave., NW., Washington, access the index listing of the contents Comments? DC 20460–0001; telephone number: of the official public docket, and to (703) 605–0515; e-mail address: access those documents in the public You may submit comments [email protected]. docket that are available electronically. electronically, by mail, or through hand delivery/courier. To ensure proper SUPPLEMENTARY INFORMATION: Once in the system, select ‘‘search,’’ then key in the appropriate docket ID receipt by EPA, identify the appropriate I. General Information number. docket ID number in the subject line on Certain types of information will not the first page of your comment. Please A. Does this Action Apply to Me? be placed in EPA’s Dockets. Information ensure that your comments are You may be potentially affected by claimed as CBI and other information submitted within the specified comment this action if you are a pesticide whose disclosure is restricted by statute, period. Comments received after the manufacturer. Potentially affected which is not included in the official close of the comment period will be entities may include, but are not limited public docket, will not be available for marked ‘‘late.’’ EPA is not required to to: public viewing in EPA’s electronic consider these late comments. If you Pesticide manufacturers (NAICS public docket. EPA’s policy is that wish to submit CBI or information that 32532) copyrighted material will not be placed is otherwise protected by statute, please This listing is not intended to be in EPA’s electronic public docket but follow the instructions in Unit I.D. Do exhaustive, but rather provides a guide will be available only in printed, paper not use EPA Dockets or e-mail to submit for readers regarding entities likely to be form in the official public docket. To the CBI or information protected by statute. affected by this action. Other types of extent feasible, publicly available 1. Electronically. If you submit an entities not listed in this unit could also docket materials will be made available electronic comment as prescribed in this be affected. The North American in EPA’s electronic public docket. When unit, EPA recommends that you include Industrial Classification System a document is selected from the index your name, mailing address, and an e- (NAICS) codes have been provided to list in EPA Dockets, the system will mail address or other contact assist you and others in determining identify whether the document is information in the body of your whether this action might apply to available for viewing in EPA’s electronic comment. Also include this contact certain entities. If you have any public docket. Although not all docket information on the outside of any disk questions regarding the applicability of materials may be available or CD ROM you submit, and in any this action to a particular entity, consult electronically, you may still access any cover letter accompanying the disk or the person listed under FOR FURTHER of the publicly available docket CD ROM. This ensures that you can be INFORMATION CONTACT. materials through the docket facility identified as the submitter of the identified in Unit I.B.1. EPA intends to comment and allows EPA to contact you B. How Can I Get Copies of this work towards providing electronic in case EPA cannot read your comment Document and Other Related access to all of the publicly available due to technical difficulties or needs Information? docket materials through EPA’s further information on the substance of 1. Docket. EPA has established an electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2002–0270. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your Although a part of the official docket, without change, unless the comment comment due to technical difficulties the public docket does not include contains copyrighted material, CBI, or and cannot contact you for clarification, Confidential Business Information (CBI) other information whose disclosure is EPA may not be able to consider your or other information whose disclosure is restricted by statute. When EPA comment. restricted by statute. The official public identifies a comment containing i. EPA Dockets. Your use of EPA’s docket is the collection of materials that copyrighted material, EPA will provide electronic public docket to submit

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comments to EPA electronically is identify electronically within the disk or Drive, Suite 307, Durham, NC 27713. EPA’s preferred method for receiving CD ROM the specific information that is Product name: Technical Trypsin comments. Go directly to EPA Dockets CBI). Information so marked will not be Modulating Oostatic Factor (TMOF). at http://www.epa.gov/edocket, and disclosed except in accordance with Product type: Insecticide. Active follow the online instructions for procedures set forth in 40 CFR part 2. ingredient: Trypsin Modulating Oostatic submitting comments. Once in the In addition to one complete version of Factor at 100%. Proposed classification/ system, select ‘‘search,’’ and then key in the comment that includes any Use: Manufacturing use product for docket ID number OPP–2002–0270. The information claimed as CBI, a copy of formulation into insecticidal products system is an ‘‘anonymous access’’ the comment that does not contain the for mosquito control. system, which means EPA will not information claimed as CBI must be List of Subjects know your identity, e-mail address, or submitted for inclusion in the public other contact information unless you docket and EPA’s electronic public Environmental protection, Pesticides provide it in the body of your comment. docket. If you submit the copy that does and pest. ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, Dated: September 30, 2002. e-mail to [email protected], mark the outside of the disk or CD ROM Janet L. Andersen, Attention: Docket ID Number OPP– clearly that it does not contain CBI. Director, Biopesticides and Pollution 2002–0270. In contrast to EPA’s Information not marked as CBI will be Prevention Division, Office of Pesticide electronic public docket, EPA’s e-mail included in the public docket and EPA’s Programs. system is not an ‘‘anonymous access’’ electronic public docket without prior [FR Doc. 02–25684 Filed 10–8–02; 8:45 am] system. If you send an e-mail comment notice. If you have any questions about BILLING CODE 6560–50–S directly to the docket without going CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. ENVIRONMENTAL PROTECTION captures your e-mail address. E-mail AGENCY addresses that are automatically E. What Should I Consider as I Prepare captured by EPA’s e-mail system are My Comments for EPA? [OPP–2002–0244; FRL–7198––2] included as part of the comment that is You may find the following Notice of Filing a Pesticide Petition to placed in the official public docket, and suggestions helpful for preparing your Establish a Tolerance for a Certain made available in EPA’s electronic comments: Pesticide Chemical in or on Food public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit possible. AGENCY: Environmental Protection comments on a disk or CD ROM that 2. Describe any assumptions that you Agency (EPA). you mail to the mailing address used. ACTION: Notice. identified in Unit I.C.2. These electronic 3. Provide copies of any technical submissions will be accepted in information and/or data you used that SUMMARY: This notice announces the WordPerfect or ASCII file format. Avoid support your views. initial filing of a pesticide petition the use of special characters and any 4. If you estimate potential burden or proposing the establishment of form of encryption. costs, explain how you arrived at the regulations for residues of a certain 2. By mail. Send your comments to: estimate that you provide. pesticide chemical in or on various food Public Information and Records 5. Provide specific examples to commodities. Integrity Branch (PIRIB), Office of illustrate your concerns. DATES: Comments, identified by docket Pesticide Programs (OPP), 6. Offer alternative ways to improve ID number OPP–2002–0244, must be Environmental Protection Agency the registration activity. received on or before November 8, 2002. (7502C), 1200 Pennsylvania Ave., NW., 7. Make sure to submit your ADDRESSES: Comments may be Washington, DC 20460–0001, Attention: comments by the deadline in this submitted electronically, by mail, or Docket ID Number OPP–2002–0270. notice. through hand delivery/courier. Follow 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, the detailed instructions as provided in your comments to: Public Information be sure to identify the docket ID number Unit I. of the SUPPLEMENTARY and Records Integrity Branch (PIRIB), assigned to this action in the subject INFORMATION. To ensure proper receipt Office of Pesticide Programs (OPP), line on the first page of your response. by EPA, it is imperative that you Environmental Protection Agency, Rm. You may also provide the name, date, identify docket ID number OPP–2002– 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. 0244 in the subject line on the first page Davis Hwy., Arlington, VA, Attention: of your response. II. Registration Application Docket ID Number OPP–2002–0270. FOR FURTHER INFORMATION CONTACT: By Such deliveries are only accepted EPA received an application as mail: Leonard Cole, Biopesticide and during the docket’s normal hours of follows to register a pesticide product Pollution Prevention Division, Office of operation as identified in Unit I.B.1. containing an active ingredient not Pesticide Programs, (7511C) included in any previously registered D. How Should I Submit CBI To the Environmental Protection Agency, 1200 products pursuant to the provision of Agency? Pennsylvania Ave., NW., Washington, section 3(c)(4) of FIFRA. Notice of DC 20460; telephone number: (703) Do not submit information that you receipt of this application does not 305–5412; e-mail address: consider to be CBI electronically imply a decision by the Agency on the [email protected]. through EPA’s electronic public docket application. or by e-mail. You may claim SUPPLEMENTARY INFORMATION: Product Containing an Active Ingredient information that you submit to EPA as I. General Information CBI by marking any part or all of that Not Included in any Previously information as CBI (if you submit CBI Registered Products A. Does this Action Apply to Me? on disk or CD ROM, mark the outside File symbol: 74411–R. Applicant: You may be affected by this action if of the disk or CD ROM as CBI and then Insect Biotechnology, Inc., 100 Capitola you are an agricultural producer, food

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manufacturer, or pesticide system, EPA Dockets. You may use EPA brief description written by the docket manufacturer. Potentially affected Dockets at http://www.epa.gov/edocket/ staff. categories and entities may include, but to submit or view public comments, C. How and To Whom Do I Submit are not limited to: access the index listing of the contents Comments? of the official public docket, and to You may submit comments NAICS Examples of poten- access those documents in the public Categories tially affected enti- docket that are available electronically. electronically, by mail, or through hand codes ties Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper Industry 111 Crop production then key in the appropriate docket ID receipt by EPA, identify the appropriate 112 Animal production number. docket ID number in the subject line on 311 Food manufac- Certain types of information will not the first page of your comment. Please turing be placed in the EPA Dockets. ensure that your comments are 32532 Pesticide manufac- Information claimed as CBI and other submitted within the specified comment turing information whose disclosure is period. Comments received after the restricted by statute, which is not close of the comment period will be This listing is not intended to be included in the official public docket, marked ‘‘late.’’ EPA is not required to exhaustive, but rather provides a guide will not be available for public viewing consider these late comments. If you for readers regarding entities likely to be in EPA’s electronic public docket. EPA’s wish to submit CBI or information that affected by this action. Other types of policy is that copyrighted material will is otherwise protected by statute, please entities not listed in this unit could also not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do be affected. The North American docket but will be available only in not use EPA Dockets or e-mail to submit Industrial Classification System printed, paper form in the official public CBI or information protected by statute. (NAICS) codes have been provided to docket. To the extent feasible, publicly 1. Electronically. If you submit an assist you and others in determining available docket materials will be made electronic comment as prescribed in this whether this action might apply to available in EPA’s electronic public unit, EPA recommends that you include certain entities. To determine whether docket. When a document is selected your name, mailing address, and an e- you or your business may be affected by from the index list in EPA Dockets, the mail address or other contact this action, you should carefully system will identify whether the information in the body of your examine the applicability provisions in document is available for viewing in comment. Also include this contact Unit I.A. above. If you have any EPA’s electronic public docket. information on the outside of any disk questions regarding the applicability of Although not all docket materials may or CD ROM you submit, and in any this action to a particular entity, consult be available electronically, you may still cover letter accompanying the disk or the person listed under FOR FURTHER access any of the publicly available CD ROM. This ensures that you can be INFORMATION CONTACT. docket materials through the docket identified as the submitter of the comment and allows EPA to contact you B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA intends to work towards providing in case EPA cannot read your comment Document and Other Related due to technical difficulties or needs Information? electronic access to all of the publicly available docket materials through further information on the substance of 1. Docket. EPA has established an EPA’s electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2002–0244. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your Although a part of the official docket, without change, unless the comment comment due to technical difficulties the public docket does not include contains copyrighted material, CBI, or and cannot contact you for clarification, Confidential Business Information (CBI) other information whose disclosure is EPA may not be able to consider your or other information whose disclosure is restricted by statute. When EPA comment. restricted by statute. The official public identifies a comment containing i. EPA Dockets. Your use of EPA’s docket is the collection of materials that copyrighted material, EPA will provide electronic public docket to submit is available for public viewing at the a reference to that material in the comments to EPA electronically is Public Information and Records version of the comment that is placed in EPA’s preferred method for receiving Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The comments. Go directly to EPA Dockets Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the at http://www.epa.gov/edocket, and Hwy., Arlington, VA. This docket copyrighted material, will be available follow the online instructions for facility is open from 8:30 a.m. to 4 p.m., in the public docket. submitting comments. Once in the Monday through Friday, excluding legal Public comments submitted on system, select ‘‘search,’’ and then key in holidays. The docket telephone number computer disks that are mailed or docket ID number OPP–2002–0244. The is (703) 305–5805. delivered to the docket will be system is an ‘‘anonymous access’’ 2. Electronic access. You may access transferred to EPA’s electronic public system, which means EPA will not this Federal Register document docket. Public comments that are know your identity, e-mail address, or electronically through the EPA Internet mailed or delivered to the docket will be other contact information unless you under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic provide it in the body of your comment. http://www.epa.gov/fedrgstr/. public docket. Where practical, physical ii. E-mail. Comments may be sent by An electronic version of the public objects will be photographed, and the e-mail to [email protected], docket is available through EPA’s photograph will be placed in EPA’s Attention: Docket ID Number OPP– electronic public docket and comment electronic public docket along with a 2002–0244. In contrast to EPA’s

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electronic public docket, EPA’s e-mail included in the public docket and EPA’s required by section 408(d)(3) of the system is not an ‘‘anonymous access’’ electronic public docket without prior FFDCA. The summary of the petition system. If you send an e-mail comment notice. If you have any questions about was prepared by Mycogen Seeds c/o directly to the docket without going CBI or the procedures for claiming CBI, Dow AgroSciences LLC, and represents through EPA’s electronic public docket, please consult the person listed under the view of the Mycogen Seeds. The EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. petition summary announces the captures your e-mail address. E-mail availability of a description of the addresses that are automatically E. What Should I Consider as I Prepare My Comments for EPA? analytical methods available to EPA for captured by EPA’s e-mail system are the detection and measurement of the included as part of the comment that is You may find the following pesticide chemical residues, or an placed in the official public docket, and suggestions helpful for preparing your explanation of why no such method is made available in EPA’s electronic comments: needed. public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit possible. Mycogen Seeding c/o Dow AgroSciences comments on a disk or CD ROM that 2. Describe any assumptions that you LLC you mail to the mailing address used. identified in Unit I.C.2. These electronic 3. Provide copies of any technical PP 2G6494 information and/or data you used that submissions will be accepted in EPA has received a pesticide petition support your views. WordPerfect or ASCII file format. Avoid 2G6494 from Mycogen Seeds c/o Dow 4. If you estimate potential burden or the use of special characters and any AgroSciences LLC , 9330 Zionsville costs, explain how you arrived at the form of encryption. Road, Indianapolis, IN 46268–1054, 2. By mail. Send your comments to: estimate that you provide. proposing pursuant to section 408(d) of Public Information and Records 5. Provide specific examples to the Federal Food, Drug, and Cosmetic Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. of Pesticide Programs (OPP), 6. Offer alternative ways to improve Act (FFDCA), 21 U.S.C. 346a(d), to Environmental Protection Agency, 1200 the notice or collection activity. amend 40 CFR part 180 to establish an Pennsylvania Ave., NW., Washington, 7. Make sure to submit your exemption from the requirement of a DC, 20460–0001, Attention: Docket ID comments by the deadline in this temporary tolerance for the plant- Number OPP–2002–0244. document. incorporated protectant Bacillus 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, thuringiensis subspecies aizawai Cry1F your comments to: Public Information be sure to identify the docket ID number (synpro) insect control protein and the and Records Integrity Branch (PIRIB), assigned to this action in the subject genetic material responsible for the Office of Pesticide Programs (OPP), line on the first page of your response. production of this protein in or on Environmental Protection Agency, Rm. You may also provide the name, date, cotton. (See EPA document OPP–2002– 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. 0244, FRL–7196–2 published elsewhere in this issue of the Federal Register.) Davis Hwy., Arlington, VA, Attention: II. What Action is the Agency Taking? Docket ID Number OPP–2002–0244. Pursuant to section 408(d)(2)(A)(i) of Such deliveries are only accepted EPA has received a pesticide petition the FFDCA, as amended, Mycogen during the docket’s normal hours of as follows proposing the establishment Seeds c/o Dow AgroSciences LLC has operation as identified in Unit I.B.1. and/or amendment of regulations for submitted the following summary of residues of a certain pesticide chemical information, data, and arguments in D. How Should I Submit CBI to the in or on various food commodities support of their pesticide petition. This Agency? under section 408 of the Federal Food, summary was prepared by Mycogen Drug, and Cosmetic Act (FFDCA), 21 Do not submit information that you Seeds c/o Dow AgroSciences LLC and U.S.C. 346a. EPA has determined that consider to be CBI electronically EPA has not fully evaluated the merits this petition contains data or through EPA’s electronic public docket of the pesticide petition. The summary information regarding the elements set or by e-mail. You may claim may have been edited by EPA if the forth in section 408(d)(2); however, EPA information that you submit to EPA as terminology used was unclear, the CBI by marking any part or all of that has not fully evaluated the sufficiency summary contained extraneous information as CBI (if you submit CBI of the submitted data at this time or material, or the summary on disk or CD ROM, mark the outside whether the data support granting of the unintentionally made the reader of the disk or CD ROM as CBI and then petition. Additional data may be needed conclude that the findings reflected identify electronically within the disk or before EPA rules on the petition. EPA’s position and not the position of CD ROM the specific information that is List of Subjects the petitioner. CBI). Information so marked will not be disclosed except in accordance with Environmental protection, A. Product name and Proposed Use procedures set forth in 40 CFR part 2. Agricultural commodities, Feed Practices In addition to one complete version of additives, Food additives, Pesticides the comment that includes any and pests, Reporting and recordkeeping This notice of filing summarizes information claimed as CBI, a copy of requirements. information submitted and cited by the comment that does not contain the Dated: September 24, 2002. Mycogen Seeds c/o Dow AgroSciences information claimed as CBI must be Janet L. Andersen, LLC in support of a request for a submitted for inclusion in the public Director, Biopesticide and Pollution temporary exemption from tolerance docket and EPA’s electronic public Prevention Division, Office of Pesticide residues of the plant incorporated- docket. If you submit the copy that does Programs. protectant Bacillus thuringiensis not contain CBI on disk or CD ROM, subspecies aizawai Cry1F (synpro) mark the outside of the disk or CD ROM Summary of Petition insect control protein and the genetic clearly that it does not contain CBI. The petitioner summary of the material responsible for the production Information not marked as CBI will be pesticide petition is printed below as of this protein in cotton.

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B. Product Identity/Chemistry that the protein is highly susceptible to is rapidly degraded in soil. In summary, 1. Identity of the pesticide and digestion in the human digestive tract the potential for significant aggregate corresponding residues. Bacillus and that the potential for adverse health exposure to Cry1F (synpro) protein is thuringiensis subspecies aizawai Cry1F effects from chronic exposure is highly unlikely. virtually nonexistent. Moreover, (synpro) insect control protein is E. Cumulative Exposure expressed in cotton plants to provide proteins in general are not known to be protection from key lepidopteran insect carcinogenic. A search of relevant Common modes of toxicity are not pests such as the tobacco budworm and databases indicated that the amino acid relevant to consideration of the pink bollworm. Cry1F (synpro) sequence of the Cry1F (synpro) protein cumulative exposure to Bacillus transgenic plants are derived from exhibits no significant homology to the thuringiensis Cry1F (synpro) insect transformation events that contain the sequences of known allergens or protein control protein. The product has insecticidal gene via a plasmid insert. toxins. Thus, Cry1F (synpro) is highly demonstrated low mammalian toxicity The Cry1F (synpro) protein poses no unlikely to exhibit an allergic response. and Bt insecticidal crystal proteins are foreseeable risks to non-target organisms The results of a study to determine known to bind to specific receptors in including mammals, birds, fish, the lability of the Cry1F (synpro) protein the insect gut, such that biological beneficial insects, and earthworms. to heat demonstrated that the protein effects do not appear to be cumulative ° Cry1F (synpro)-protected cotton was deactivated after exposure to 75 or with any other known compounds. 90°C for 30 minutes, according to provides growers with a highly F. Safety Determination efficacious tool for controlling bioassay results on tobacco budworm. important insect pests in cotton in a The genetic material necessary for the 1. U.S. population. The deployment of manner that is fully compatible with production of the Cry1F (synpro) insect the product in minute quantities within integrated pest management practices. control protein are nucleic acids (DNA) the plant, the very low toxicity of the 2. Analytical method. A statement of which are common to all forms of plant product, the lack of allergenic potential, why an analytical method for detecting and animal life. There are no known and the high degree of digestibility of and measuring the levels of the instances of where nucleic acids have the protein, are all factors in support of pesticide residue are not needed. No caused toxic effects as a result of dietary Mycogen’s assertion that no significant analytical method is included because exposure. risk is posed by exposure of the U.S. this petition requests a temporary Collectively, the available data on population to Bacillus thuringiensis exemption from the requirement for a Cry1F (synpro) protein along with the subspecies aizawai Cry1F (synpro) tolerance. safe use history of microbial Bacillus insect control protein. thuringiensis products establishes the 2. Infants and children. Non-dietary C. Mammalian Toxicological Profile safety of the plant pesticide Bacillus exposure to infants and children is not thuringiensis subspecies aizawai Cry1F Cry proteins have been deployed as anticipated, due to the proposed use safe and effective pest control agents in (synpro) insect control protein and the pattern of the product. Due to the very microbial Bacillus thuringiensis genetic material necessary for its low toxicity of the product, the lack of formulations for almost 40 years. There production in all raw agricultural allergenic potential, and the high degree are currently 180 registered microbial commodities. of digestibility of the protein, dietary Bacillus thuringiensis products in the D. Aggregate Exposure exposure is anticipated to be at very low United States for use in agriculture, levels and is not anticipated to pose any forestry, and vector control. The Non-dietary exposure. Insecticidal harm to infants and children. numerous toxicology studies conducted crystal proteins of Bacillus thuringiensis with these microbial products show no are known to have a high degree of G. Effects on the Immune and Endocrine significant adverse effects, and insect specificity via binding to specific Systems demonstrate that the products are receptors in the insect gut, and do not practically non-toxic to mammals. An harm people, wildlife or many Given the rapid digestibility of Cry1F exemption from the requirement of a beneficial insects (Ballester et al., 1999; (synpro) insecticidal crystal protein, no tolerance has been in place for these Aronson and Shai, 2001). The level of chronic effects are expected. Cry1F products since at least 1971 (40 CFR protein that is expressed in corn plants (synpro) insecticidal crystal protein, or 180.1011). is very low. The small amount of Cry1F metabolites of the insecticidal crystal Toxicology studies conducted to (synpro) in plant tissue is deep in the protein are not known to, or are determine the toxicity of Cry1F (synpro) plant matrix, which greatly reduces expected to have any effect on the insect control protein demonstrated that availability for dermal or respiratory immune or endocrine systems. Proteins the protein has very low toxicity. In an exposure. Significant dietary exposure in general are not carcinogenic, acute oral toxicity study in the mouse to Cry1F (synpro) protein is unlikely to therefore, no carcinogenic risk is (male and female), the estimated acute occur. Dietary exposures at very low associated with the Cry1F (synpro) protein. LD50 was determined to be >2,000 mg/ levels, via ingestion of processed kg of the microbially produced test commodities, although they may occur, H. Existing Tolerances substance. are unlikely to be problematic because In an in vitro study, Cry1F protein of the low toxicity and the high degree There are no existing tolerances or was rapidly and extensively degraded in of digestibility of the protein. In exemptions from tolerance for Bacillus simulated gastric conditions in the addition, the protein is not likely to be thuringiensis subspecies aizawai Cry1F presence of pepsin at pH 1.2. Cry1F present in drinking water because the (synpro) granted to Mycogen Seeds c/o (synpro) was completely proteolyzed to protein is deployed in minute quantities Dow AgroSciences LLC. amino acids and small peptide within the plant, and studies [FR Doc. 02–25584 Filed 10–8–02; 8:45 a.m.] fragments in <1 minute. This indicates demonstrate that Cry1F (synpro) protein BILLING CODE 6560–50–S

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ENVIRONMENTAL PROTECTION be affected. The North American docket but will be available only in AGENCY Industrial Classification System printed, paper form in the official public (NAICS) codes have been provided to docket. To the extent feasible, publicly [OPP–2002–0244; FRL–7196––2] assist you and others in determining available docket materials will be made Notice of Filing a Pesticide Petition to whether this action might apply to available in EPA’s electronic public Establish a Tolerance for a Certain certain entities. To determine whether docket. When a document is selected Pesticide Chemical in or on Food you or your business may be affected by from the index list in EPA Dockets, the this action, you should carefully system will identify whether the AGENCY: Environmental Protection examine the applicability provisions in document is available for viewing in Agency (EPA). OPP–2002–0244. If you have any EPA’s electronic public docket. ACTION: Notice. questions regarding the applicability of Although not all docket materials may this action to a particular entity, consult be available electronically, you may still SUMMARY: This notice announces the the person listed under FOR FURTHER access any of the publicly available initial filing of a pesticide petition INFORMATION CONTACT. docket materials through the docket proposing the establishment of facility identified in Unit I.B.1. EPA B. How Can I Get Copies of this regulations for residues of a certain intends to work towards providing Document and Other Related pesticide chemical in or on various food electronic access to all of the publicly Information? commodities. available docket materials through DATES: Comments, identified by docket 1. Docket. EPA has established an EPA’s electronic public docket. ID number OPP–2002–0244, must be official public docket for this action For public commenters, it is received on or before November 8, 2002. under docket identification (ID) number important to note that EPA’s policy is ADDRESSES: Comments may be OPP–2002–0244. The official public that public comments, whether submitted electronically, by mail, or docket consists of the documents submitted electronically or in paper, through hand delivery/courier. Follow specifically referenced in this action, will be made available for public the detailed instructions as provided in any public comments received, and viewing in EPA’s electronic public Unit I. of the SUPPLEMENTARY other information related to this action. docket as EPA receives them and INFORMATION. To ensure proper receipt Although a part of the official docket, without change, unless the comment by EPA, it is imperative that you the public docket does not include contains copyrighted material, CBI, or identify docket ID number OPP–2002– Confidential Business Information (CBI) other information whose disclosure is 0244 in the subject line on the first page or other information whose disclosure is restricted by statute. When EPA of your response. restricted by statute. The official public identifies a comment containing docket is the collection of materials that FOR FURTHER INFORMATION CONTACT: By copyrighted material, EPA will provide is available for public viewing at the mail: Leonard Cole, Biopesticide and a reference to that material in the Public Information and Records Pollution Prevention Division, Office of version of the comment that is placed in Integrity Branch (PIRIB), Rm. 119, Pesticide Programs, (7511C) EPA’s electronic public docket. The Crystal Mall #2, 1921 Jefferson Davis Environmental Protection Agency, 1200 entire printed comment, including the Hwy., Arlington, VA. This docket Pennsylvania Ave., NW., Washington, copyrighted material, will be available facility is open from 8:30 a.m. to 4 p.m., DC 20460; telephone number: (703) in the public docket. Monday through Friday, excluding legal Public comments submitted on 305–5412; e-mail address: holidays. The docket telephone number computer disks that are mailed or [email protected]. is (703) 305–5805. delivered to the docket will be SUPPLEMENTARY INFORMATION: 2. Electronic access. You may access transferred to EPA’s electronic public I. General Information this Federal Register document docket. Public comments that are electronically through the EPA Internet mailed or delivered to the docket will be A. Does this Action Apply to Me? under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic You may be affected by this action if http://www.epa.gov/fedrgstr/. public docket. Where practical, physical you are an agricultural producer, food An electronic version of the public objects will be photographed, and the manufacturer, or pesticide docket is available through EPA’s photograph will be placed in EPA’s manufacturer. Potentially affected electronic public docket and comment electronic public docket along with a categories and entities may include, but system, EPA Dockets. You may use EPA brief description written by the docket are not limited to: Dockets at http://www.epa.gov/edocket/ staff. to submit or view public comments, access the index listing of the contents C. How and To Whom Do I Submit of the official public docket, and to Comments? access those documents in the public You may submit comments NAICS Examples of poten- Categories codes tially affected enti- docket that are available electronically. electronically, by mail, or through hand ties Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper then key in the appropriate docket ID receipt by EPA, identify the appropriate Industry 111 Crop production docket ID number in the subject line on 112 Animal production number. 311 Food manufac- Certain types of information will not the first page of your comment. Please turing be placed in the EPA Dockets. ensure that your comments are 32532 Pesticide manufac- Information claimed as CBI and other submitted within the specified comment turing information whose disclosure is period. Comments received after the restricted by statute, which is not close of the comment period will be This listing is not intended to be included in the official public docket, marked ‘‘late.’’ EPA is not required to exhaustive, but rather provides a guide will not be available for public viewing consider these late comments. If you for readers regarding entities likely to be in EPA’s electronic public docket. EPA’s wish to submit CBI or information that affected by this action. Other types of policy is that copyrighted material will is otherwise protected by statute, please entities not listed in this unit could also not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do

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not use EPA Dockets or e-mail to submit the use of special characters and any 4. If you estimate potential burden or CBI or information protected by statute. form of encryption. costs, explain how you arrived at the 1. Electronically. If you submit an 2. By mail. Send your comments to: estimate that you provide. electronic comment as prescribed in this Public Information and Records 5. Provide specific examples to unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. your name, mailing address, and an e- of Pesticide Programs (OPP), 6. Offer alternative ways to improve mail address or other contact Environmental Protection Agency, 1200 the notice or collection activity. information in the body of your Pennsylvania Ave., NW., Washington, 7. Make sure to submit your comment. Also include this contact DC, 20460–0001, Attention: Docket ID comments by the deadline in this information on the outside of any disk Number OPP–2002–0244. document. or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, cover letter accompanying the disk or your comments to: Public Information be sure to identify the docket ID number CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), assigned to this action in the subject identified as the submitter of the Office of Pesticide Programs (OPP), line on the first page of your response. comment and allows EPA to contact you Environmental Protection Agency, Rm. You may also provide the name, date, in case EPA cannot read your comment 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. Davis Hwy., Arlington, VA, Attention: due to technical difficulties or needs II. What Action is the Agency Taking? further information on the substance of Docket ID Number OPP–2002–0244. your comment. EPA’s policy is that EPA Such deliveries are only accepted EPA has received a pesticide petition will not edit your comment, and any during the docket’s normal hours of as follows proposing the establishment identifying or contact information operation as identified in Unit I.B.1. and/or amendment of regulations for provided in the body of a comment will residues of a certain pesticide chemical D. How Should I Submit CBI to the in or on various food commodities be included as part of the comment that Agency? is placed in the official public docket, under section 408 of the Federal Food, and made available in EPA’s electronic Do not submit information that you Drug, and Cosmetic Act (FFDCA), 21 public docket. If EPA cannot read your consider to be CBI electronically U.S.C. 346a. EPA has determined that comment due to technical difficulties through EPA’s electronic public docket this petition contains data or and cannot contact you for clarification, or by e-mail. You may claim information regarding the elements set EPA may not be able to consider your information that you submit to EPA as forth in section 408(d)(2); however, EPA comment. CBI by marking any part or all of that has not fully evaluated the sufficiency i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI of the submitted data at this time or electronic public docket to submit on disk or CD ROM, mark the outside whether the data support granting of the comments to EPA electronically is of the disk or CD ROM as CBI and then petition. Additional data may be needed EPA’s preferred method for receiving identify electronically within the disk or before EPA rules on the petition. CD ROM the specific information that is comments. Go directly to EPA Dockets List of Subjects at http://www.epa.gov/edocket, and CBI). Information so marked will not be Environmental protection, follow the online instructions for disclosed except in accordance with Agricultural commodities, Feed submitting comments. Once in the procedures set forth in 40 CFR part 2. In addition to one complete version of additives, Food additives, Pesticides system, select ‘‘search,’’ and then key in the comment that includes any and pests, Reporting and recordkeeping docket ID number OPP–2002–0244 The information claimed as CBI, a copy of requirements. system is an ‘‘anonymous access’’ the comment that does not contain the system, which means EPA will not September 24, 2002. information claimed as CBI must be know your identity, e-mail address, or Janet L. Andersen, submitted for inclusion in the public other contact information unless you docket and EPA’s electronic public Director, Biopesticide and Pollution provide it in the body of your comment. Prevention Division, Office of Pesticide docket. If you submit the copy that does Programs. ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, e-mail to [email protected], mark the outside of the disk or CD ROM Summary of Petition Attention: Docket ID Number OPP– clearly that it does not contain CBI. 2002–0244. In contrast to EPA’s The petitioner summary of the Information not marked as CBI will be pesticide petition is printed below as electronic public docket, EPA’s e-mail included in the public docket and EPA’s system is not an ‘‘anonymous access’’ required by section 408(d)(3) of the electronic public docket without prior FFDCA. The summary of the petition system. If you send an e-mail comment notice. If you have any questions about directly to the docket without going was prepared by Mycogen Seeds c/o CBI or the procedures for claiming CBI, Dow AgroSciences LLC, and represents through EPA’s electronic public docket, please consult the person listed under EPA’s e-mail system automatically the view of the Mycogen Seeds. The FOR FURTHER INFORMATION CONTACT. captures your e-mail address. E-mail petition summary announces the addresses that are automatically E. What Should I Consider as I Prepare availability of a description of the captured by EPA’s e-mail system are My Comments for EPA? analytical methods available to EPA for included as part of the comment that is the detection and measurement of the You may find the following pesticide chemical residues, or an placed in the official public docket, and suggestions helpful for preparing your made available in EPA’s electronic explanation of why no such method is comments: needed. public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit possible. Mycogen Seeding c/o Dow AgroSciences comments on a disk or CD ROM that 2. Describe any assumptions that you LLC you mail to the mailing address used. identified in Unit I.C.2. These electronic 3. Provide copies of any technical PP 2G6494 submissions will be accepted in information and/or data you used that EPA has received a pesticide petition WordPerfect or ASCII file format. Avoid support your views. (2G6494) from Mycogen Seeds c/o Dow

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AgroSciences LLC, 9330 Zionsville materials are similar with respect to Cry1Ac (synpro) insecticidal crystal Road, Indianapolis, IN 46268–1054, molecular weight, immunoreactivity, protein are nucleic acids (DNA) which proposing pursuant to section 408(d) of lack of post-translational glycosylation are common to all forms of plant and the FFDCA, 21 U.S.C. 346a(d), to amend and spectrum of bioactivity. animal life. There are no known 40 CFR part 180, to establish an 2. A statement of why an analytical instances of where nucleic acids have exemption from the requirement of a method for detecting and measuring the caused toxic effects as a result of dietary temporary tolerance for the plant levels of the pesticide residue are not exposure. incorporated protantant; bacillus needed. No analytical method is Collectively, the available data on thuringiensis var Kurstaki CrylAc in or included because this petition requests Cry1Ac (synpro) protein along with the on cotton. The plant also expresses the a temporary exemption from the safe use history of microbial bacillus Cry1F protein (refer to FRL–7198–2 requirement for a tolerance. thuringiensis products, establishes the published elsewhere in this issue of the C. Mammalian Toxicological Profile safety of the plant pesticide bacillus Federal Register). thuringiensis subspecies kurstaki, Cry proteins have been deployed as Pursuant to section 408(d)(2)(A)(i) of Cry1Ac (synpro) insecticidal crystal safe and effective pest control agents in the FFDCA, as amended, Mycogen protein and the genetic material microbial bacillus thuringiensis Seeds c/o Dow AgroSciences LLC has necessary for its production in all raw formulations for almost 40 years. There submitted the following summary of agricultural commodities. information, data, and arguments in are currently 180 registered microbial support of their pesticide petition. EPA bacillus thuringiensis products in the D. Aggregate Exposure has not fully evaluated the merits of the United States for use in agriculture, forestry, and vector control. The Insecticidal crystal proteins of pesticide petition. The summary may bacillus thuringiensis are known to have have been edited by EPA if the numerous toxicology studies conducted with these microbial products show no a high degree of insect specificity via terminology used was unclear, the binding to specific receptors in the summary contained extraneous significant adverse effects, and insect gut, and do not harm people, material, or the summary demonstrate that the products are wildlife or many beneficial insects unintentionally made the reader practically non-toxic to mammals. An (Ballester et al., 1999; Aronson and conclude that the findings reflected exemption from the requirement of a Shai, 2001). The level of protein that is EPA’s position and not the position of tolerance has been in place for these expressed in corn plants is very low. the petitioner. products since at least 1971 (40 CFR 180.1011). The small amount of Cry1Ac (synpro) in A. Product Name and Proposed Use Toxicology studies conducted to plant tissue is deep in the plant matrix, Practices determine the toxicity of Cry1Ac which greatly reduces availability for Bacillus thuringiensis subspecies (synpro) insecticidal crystal protein dermal or respiratory exposure. kurstaki. Cry1Ac (synpro) insect control demonstrated that the protein has very Significant dietary exposure to Cry1Ac protein is expressed in cotton plants to low toxicity. In an acute oral toxicity (synpro) protein is unlikely to occur. provide protection from key study in the mouse (male and female), Dietary exposures at very low levels, via lepidopteran insect pests such as the the estimated acute LD50 was ingestion of processed commodities, tobacco budworm and pink bollworm. determined to be >5,000 mg/kg of the although, they may occur, are unlikely Cry1Ac (synpro) transgenic plants are microbially produced test substance to be problematic because of the low derived from transformation events that containing 14% Cry1Ac (synpro) toxicity and the high degree of contain the insecticidal gene via a protein. In an in vitro study, Cry1Ac digestibility of the protein. In summary plasmid insert. The Cry1Ac (synpro) (synpro) protein was rapidly and the potential for significant aggregate protein poses no foreseeable risks to extensively degraded in simulated exposure to Cry1Ac (synpro) protein is non-target organisms including gastric conditions in the presence of highly unlikely. mammals, birds, fish, beneficial insects, pepsin at pH 1.2. Cry1Ac (synpro) was E. Cumulative Exposure and earthworms. Cry1Ac (synpro) completely proteolyzed to amino acids protected cotton provides growers with and small peptide fragments in <1 Common modes of toxicity are not a highly efficacious tool for controlling minute. This indicates that the protein relevant to consideration of the important insect pests in cotton in a is highly susceptible to digestion in the cumulative exposure to bacillus manner that is fully compatible with human digestive tract and that the thuringiensis Cry1Ac (synpro) integrated pest management practices. potential for adverse health effects from insecticidal crystal protein. The product chronic exposure is virtually has demonstrated low mammalian B. Product Identity/Chemistry nonexistent. Moreover, proteins in toxicity, and Bt insecticidal crystal 1. Identity of the pesticide and general are not known to be proteins are known to bind to specific corresponding residues. The Cry1Ac carcinogenic. A search of relevant data receptors in the insect gut, such that gene was isolated from bacillus bases indicated that the amino acid biological effects do not appear to be thuringiensis subspecies kurstaki and sequence of the Cry1Ac (synpro) protein cumulative with any other known modified before it was inserted into exhibits no significant homology to the compounds. cotton plants to produce a full length sequences of known allergens or protein F. Safety Determination protein. The Cry1Ac (synpro) toxins. Thus, Cry1Ac (synpro) is highly insecticidal protein has been adequately unlikely to exhibit an allergic response. 1. U.S. population. The deployment of characterized. Several safety studies The results of a study to determine the product in minute quantities within were conducted using a microbially the lability of the Cry1Ac (synpro) the plant, the very low toxicity of the produced test substance preparation protein to heat demonstrated that the product, the lack of allergenic potential, that contained 14% Cry1Ac protein. protein was deactivated after exposure and the high degree of digestibility of Studies conducted to establish the to 75 oC or 90 oC for 30 minutes, the protein, are all factors in support of equivalence of the Cry1Ac (synpro) according to bioassay results on tobacco Mycogen’s assertion that no significant protein obtained from cotton, or from a budworm. The genetic material risk is posed by exposure of the U.S. microbial source demonstrate that the necessary for the production of the population to bacillus thuringiensis

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subspecies kustaki Cry1Ac (synpro) SUMMARY: Notice is hereby given, • Final Rule—Adjusting Civil Money insect control protein. pursuant to the Government in the Penalties for Inflation 2. Infants and children. Non-dietary Sunshine Act (5 U.S.C. 552b(e)(3)), of • Other exposure to infants and children is not the forthcoming regular meeting of the • anticipated, due to the proposed use Farm Credit Administration Board Reaffiliation of Northwest Farm Credit pattern of the product. Due to the very (Board). Services, ACA with CoBank, ACB • Merger of AgAmerica, FCB with and into low toxicity of the product, the lack of DATE AND TIME: The regular meeting of allergenic potential, and the high degree AgriBank FCB the Board will be held at the offices of • East Carolina Farm Credit, ACA of digestibility of the protein, dietary the Farm Credit Administration in Restructuring exposure is anticipated to be at very low McLean, Virginia, on October 10, 2002, • Consolidation of the Federal Land Bank levels and is not anticipated to pose any from 9 a.m. until such time as the Board Association of Western Oklahoma, harm to infants and children. concludes its business. FLCA, Clinton, PCA, and PCA of G. Effects on the Immune and Endocrine FOR FURTHER INFORMATION CONTACT: Woodward to form an ACA (with Systems Jeanette C. Brinkley, Acting Secretary to subsidiaries) Given the rapid digestibility of the Farm Credit Administration Board, Closed* (703) 883–4009, TTY (703) 883–4056. Cry1Ac (synpro) insecticidal crystal • New Business protein, no chronic effects are expected. ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, • Investments Cry1Ac (synpro) insecticidal crystal • protein, or metabolites of the McLean, Virginia 22102–5090. Securities Issues insecticidal crystal protein are not SUPPLEMENTARY INFORMATION: Parts of Dated: October 4, 2002. known to, or are expected to have any this meeting of the Board will be open Jeanette C. Brinkley, effect on the immune, or endocrine to the public (limited space available), Acting Secretary, Farm Credit Administration systems. Proteins in general are not and parts of this meeting will be closed. Board. carcinogenic; therefore, no carcinogenic In order to increase the accessibility to [FR Doc. 02–25760 Filed 10–7–02; 10:32 am] risk is associated with the Cry1Ac Board meetings, persons requiring BILLING CODE 6705–01–P (synpro) protein. assistance should make arrangements in advance. The matters to be considered H. Existing Tolerances at the meeting are: There are no existing tolerances or exemptions from tolerance for bacillus Open Session FEDERAL COMMUNICATIONS thuringiensis subspecies kurstaki A. Approval of Minutes COMMISSION • Cry1Ac (synpro) granted to Mycogen September 12, 2002 (Open) Sunshine Act Meeting; Open Seeds c/o Dow AgroSciences LLC. • September 12, 2002 (Open and Closed) • Commission Meeting, Thursday, [FR Doc. 02–25585 Filed 10–8–02; 8:45 am] September 17, 2002 (Closed) • September 26, 2002 (Open) October 10, 2002 BILLING CODE 6560–50–S B. Reports October 3, 2002. • Corporate Approvals The Federal Communications FARM CREDIT ADMINISTRATION • Provisions of the 2002 Farm Bill • Commission will hold an Open Meeting Conditions and Trends in the Dallas on the subjects listed below on , which Sunshine Act Meeting; Farm Credit Field Office Portfolio Administration Board; Regular Meeting is scheduled to commence at in Room C. New Business TW–C305, at 445 12th Street, SW, AGENCY: Farm Credit Administration. • Regulations Washington, DC.

Item No. Bureau Subject

1 ...... International ...... Title: International Settlements Policy Reform and International Settlement Rates (IB Docket No. 96–261). Summary: The Commission will consider a Notice of Proposed Rulemaking concerning the reform of the International Settlements Policy, its international simple resale and benchmarks policy, and the issue of foreign mobile termination rates. 2 ...... Media ...... Title: Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service (MM Docket No. 99–325). Summary: The Commission will consider a First Report and Order concerning digital operation by terrestrial radio broadcasters. 3 ...... Enforcement ...... Title: SBC Communications, Inc., Apparent Liability for Forfeiture. Summary: The Commission will consider a Forfeiture Order concerning compliance with the shared transport condition of the SBC/Ameritech merger order. 4 ...... Enforcement ...... The Enforcement Bureau will report to the Commission on recent enforcement activities.

Additional information concerning this Copies of materials adopted at this meeting format and alternative media, including large meeting may be obtained from Maureen can be purchased from the FCC’s duplicating print/type; digital disk; and audio tape. Peratino or David Fiske, Office of Media contractor, Qualex International (202) 863– Qualex International may be reached by e- Relations, telephone number (202) 418–0500; 2893; Fax (202) 863–2898; TTY (202) 863– mail at [email protected]. TTY 1–888–835–5322. 2897. These copies are available in paper

* Session Closed-Exempt pursuant to 5 U.S.C. 552b(c)(8) and (9).

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This meeting can be viewed over George Agreement No.: 011821. share vessel space between the U.S. East Mason University’s Capitol Connection. The Title: MSC/CMA CGM Space Charter Coast and North Europe, the Capitol Connection also will carry the Agreement. Mediterranean, Australia, New Zealand, meeting live via the Internet. For information Parties: Mediterranean Shipping the Caribbean, the South Pacific, and on these services call (703) 993–3100. Audio/ Company, S.A., CMA CGM S.A. Video coverage of the meeting will be Singapore. broadcast live over the Internet from the Synopsis: The agreement authorizes Agreement No.: 011827. FCC’s Audio/Video Events web page at http:/ MSC to charter space to CMA CGM in Title: Europe-Australia-New Zealand- /www.fcc.gov/realaudio. Audio and video the trades between United Kingdom, U.S. East Coast Bridging Agreement. tapes of this meeting can be purchased from Belgium, France, Germany and Mexico, Parties: P&O Nedlloyd Limited, P&O CACI Productions, 341 Victory Drive, on the one hand, and the U.S. East and Nedlloyd B.V., Contship Containerlines, Herndon, VA 20170, telephone number (703) Gulf Coasts (Eastport, Maine to CMA CGM S.A., CMA CGM (UK) 834–1470, Ext. 19; fax number (703) 834– Brownsville, TX), on the other hand. 0111. Limited, Compagnie Maritime Marfret Agreement No.: 011822. S.A., Hamburg-Su¨ d, Hapag-Lloyd Federal Communications Commission. Title: Priority/Crowley Space Charter Container Linie GmbH. William F. Caton, Agreement. Synopsis: The proposed agreement Deputy Secretary. Parties: Priority Transport, Inc., would allow the parties to the Contship/ [FR Doc. 02–25759 Filed 10–7–02; 10:32 am] Crowley Liner Service, Inc. P&O Nedlloyd Vessel Sharing Synopsis: The agreement authorizes BILLING CODE 6712–01–P Agreement, the CS/PONL–CMA CGM/ Crowley to charter space fromPriority Marfret Agreement, the CS/PONL– Transport in the trade between San HSDG Agreement, and the CS/PONL– FEDERAL HOUSING FINANCE BOARD Juan, Puerto Rico, and Santo Domingo, Hapag-Lloyd Agreement to discuss and the Dominican Republic. agree on operational matters and slot Sunshine Act Meeting; Federal Agreement No.: 011823. allocations in connection with their Register Citation of Previous Notice: Title: Contship/P&O Nedlloyd Vessel services between the U.S. East Coast and 67 FR 62472, October 7, 2002 Sharing Agreement. North Europe, the Mediterranean, Parties: P&O Nedlloyd Limited, P&O Australia, New Zealand, the Caribbean, ACTION: Notice; correction. Nedlloyd B.V., Contship Containerlines. the South Pacific, and Singapore. Synopsis: Under the proposed SUMMARY: The Federal Housing Finance agreement, the parties are authorized to By Order of the Federal Maritime Board published a Sunshine Act Notice share vessel space between the U.S. East Commission. in the Federal Register on October 7, Coast and North Europe, the Dated: October 4, 2002. 2002, regarding the Board of Directors Mediterranean, Australia, New Zealand, Bryant L. VanBrakle, meeting of October 9, 2002. The Notice the Caribbean, the South Pacific, and Secretary. contained an incorrect title of an agenda Singapore. [FR Doc. 02–25694 Filed 10–8–02; 8:45 am] item. Agreement No.: 011824. BILLING CODE 6730–01–P Correction Title: Contship/P&O Nedlloyd-CMA In the Federal Register on October 7, CGM/Marfret Agreement. Parties: P&O Nedlloyd Limited, P&O FEDERAL MARITIME COMMISSION 2002, in FR 67, Number 194, on page Nedlloyd B.V., Contship Containerlines, 62472, correct the last agenda item to [Docket No. 02–14] CMA CGM S.A., CMA CGM (UK) read: • Appointment—Financing Limited, Compagnie Maritime Marfret Avalon Risk Management, Inc., General Corporation Directorate (Tentative) S.A. Agent for Aegis Security Insurance Co. Synopsis: Under the proposed v. Michael Brian Deitchman, Arnistics, CONTACT PERSON FOR MORE INFORMATION: agreement, the parties are authorized to LLC and Advanced Global Logistics; Elaine L. Baker, Secretary to the Board, share vessel space between the U.S. East Notice of Filing of Complaint and (202) 408–2837. Coast and North Europe, the Assignment Arnold Intrater, Mediterranean, Australia, New Zealand, General Counsel. the Caribbean, the South Pacific, and Avalon Risk Management, Inc., General Agent for Aegis Security [FR Doc. 02–25915 Filed 10–7–02; 2:29 pm] Singapore. Insurance Co., (‘‘Complainant’’) has BILLING CODE 6725–01–P Agreement No.: 011825. Title: CS/PONL–HSDG Agreement. filed a complaint against Michael B. Parties: P&O Nedlloyd Limited, P&O Deitchman; Arnistics, LLC; and Nedlloyd B.V. and Contship Advanced Global Logistics FEDERAL MARITIME COMMISSION Containerlines, Hamburg-Su¨ d. (‘‘Respondents’’). Complainant states Notice of Agreement(s) Filed Synopsis: Under the proposed that it provided Ocean Transportation agreement, the parties are authorized to Intermediary (‘‘OTI’’) bonds to the The Commission hereby gives notice share vessel space between the U.S. East Respondents, who represented that they of the filing of the following Coast and North Europe, the would comply with all Federal agreement(s) under the Shipping Act of Mediterranean, Australia, New Zealand, Maritime Commission (‘‘Commission’’) 1984. Interested parties can review or the Caribbean, the South Pacific, and OTI regulations, including paying obtain copies of agreements at the Singapore. freight and related charges. However, Washington, DC offices of the Agreement No.: 011826. Complainant alleges that Respondents Commission, 800 North Capitol Street, Title: CS/PONL–Hapag-Lloyd fraudulently induced carriers to release NW., Room 940. Interested parties may Agreement. cargo to them or their agents, thus submit comments on an agreement to Parties: P&O Nedlloyd Limited, P&O causing carriers to lose their liens on the the Secretary, Federal Maritime Nedlloyd B.V., Contship Containerlines, cargo without payment. Four carriers Commission, Washington, DC 20573, Hapag-Lloyd Container Linie GmbH. have settled claims for the resultant within 10 days of the date this notice Synopsis: Under the proposed damages with Complainant, to whom appears in the Federal Register. agreement, the parties are authorized to they have assigned their recovery rights.

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Complainant states that Respondent FEDERAL RESERVE SYSTEM FEDERAL RETIREMENT THRIFT Deitchman breached the settlement INVESTMENT BOARD agreement he entered into to indemnify Formations of, Acquisitions by, and the Complainant for the costs associated Mergers of Bank Holding Companies Sunshine Act Notice with the claims, thus violating the The companies listed in this notice TIME AND DATE: 10 a.m. (EDT) October Shipping Act of 1984 (‘‘Shipping Act’’) have applied to the Board for approval, 21, 2002. by obtaining ocean transportation at less pursuant to the Bank Holding Company PLACE: than the rates that would otherwise be Act of 1956 (12 U.S.C. 1841 et seq.) 4th Floor, Conference Room, applicable. Respondents are said to have (BHC Act), Regulation Y (12 CFR part 1250 H Street, NW., Washington, DC. violated section 10(a)(1) of the Shipping 225), and all other applicable statutes STATUS: Parts will be open to the public Act by issuing checks with insufficient and regulations to become a bank and part closed to the public. funds as payment to carriers for the holding company and/or to acquire the MATTERS TO BE CONSIDERED: emsp; assets or the ownership of, control of, or ocean freight and other charges incurred Parts Open to the Public by Respondents, thereby obtaining the power to vote shares of a bank or ocean transportation at less than the bank holding company and all of the 1. Approval of the minutes of the rates that would otherwise be banks and nonbanking companies September 17, 2002, Board member applicable. Complainant also alleges owned by the bank holding company, meeting. that Respondents violated certain OTI including the companies listed below. 2. Thrift Savings Plan activity report The applications listed below, as well fiduciary duties. by the Executive Director (with as other related filings required by the discussion of litigation to be closed to Complainant asks the Commission to Board, are available for immediate the public). issue orders (1) compelling Respondents inspection at the Federal Reserve Bank to answer its charges and scheduling a indicated. The application also will be Part Closed to the Public hearing in Washington DC; (2) against available for inspection at the offices of Discussion of litigation. the Respondents for their violations of the Board of Governors. Interested CONTACT PERSON FOR MORE INFORMATION: the Shipping Act; (3) compelling persons may express their views in Thomas J. Trabucco, Director, Office of Respondents to make reparations to writing on the standards enumerated in External Affairs, (202) 942–1640. the BHC Act (12 U.S.C. 1842(c)). If the Complainant, plus interest, costs and Dated: October 7, 2002. attorneys’ fees; and (4) holding that the proposal also involves the acquisition of David L. Hutner, Respondents’ business activities a nonbanking company, the review also includes whether the acquisition of the Secretary to the Board, Federal Retirement described in the Complaint are unlawful Thrift Investment Board. and in violation of the Shipping Act and nonbanking company complies with the standards in section 4 of the BHC Act [FR Doc. 02–25927 Filed 10–7–02; 3:16 pm] ordering them to cease and desist (12 U.S.C. 1843). Unless otherwise BILLING CODE 6760–01–M therefrom. noted, nonbanking activities will be This proceeding has been assigned to conducted throughout the United States. the office of Administrative Law Judges. Additional information on all bank Hearing in this matter, if any is held, holding companies may be obtained FEDERAL TRADE COMMISSION shall commence within the time from the National Information Center limitations prescribed in 46 CFR 502.61, website at www.ffiec.gov/nic. Sunshine Act Meeting Notice and only after consideration has been Unless otherwise noted, comments AGENCY: Federal Trade Commission. regarding each of these applications given by the parties and the presiding TIME AND DATE: must be received at the Reserve Bank 2 p.m., Monday, officer to the use of alternative forms of November 4, 2002. dispute resolution. The hearing shall indicated or the offices of the Board of PLACE: Federal Trade Commission include oral testimony and cross- Governors not later than November 1, Building, Room 532, 6th Street and examination in the discretion of the 2002. A. Federal Reserve Bank of Pennsylvania Avenue, NW., presiding officer only upon proper Minneapolis (Julie Stackhouse, Vice Washington, DC 20580. showing that there are genuine issues of President) 90 Hennepin Avenue, STATUS: Parts of this meeting will be material fact that cannot be resolved on Minneapolis, Minnesota 55480–0291: open to the public. The rest of the the basis of sworn statements, affidavits, 1. State Bankshares, Inc., Fargo, North meeting will be closed to the public. depositions, or other documents or that Dakota; to acquire 100 percent of the MATTERS TO BE CONSIDERED: Portions the nature of the matter in issue is such voting shares of State Bank of that an oral hearing and cross- Open to Public: Moorhead, Moorhead, Minnesota. (1) Oral argument in Polygram examination are necessary for the In connection with this application, Holding et al. Docket 9298. development of an adequate record. Applicant also has applied to acquire Portions Closed to the Public: Pursuant to the further terms of 46 CFR Northern Capital Holding Company, (2) Executive session to follow oral 502.61, the initial decision of the Fargo, North Dakota, and thereby engage argument in Polygram Holding, et al. in providing trust services, and presiding officer in this proceeding shall Docket 9298. be issued by October 1, 2003, and the brokerage and financial advisory FOR FURTHER INFORMATION CONTACT: final decision of the Commission shall services, pursuant to §§ 225.28 (b) (5), Mitch Katz, Office of Public Affairs: be issued by January 26, 2004. (b)(6), (b)(7), and (b)(14) of Regulation Y. (202) 326–2180, Recorded Message: Board of Governors of the Federal Reserve Bryant L. VanBrakle, (202) 326–2711. System, October 3, 2002. Secretary. Robert deV. Frierson, Donald S. Clark, [FR Doc. 02–25695 Filed 10–8–02; 8:45 am] Deputy Secretary of the Board. Secretary. BILLING CODE 6730–01–P [FR Doc. 02–25643 Filed 10–8–02; 8:45 am] [FR Doc. 02–25755 Filed 10–7–02; 9:28 am] BILLING CODE 6210–01–S BILLING CODE 6750–01–M

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GENERAL SERVICES ADDRESSES: Submit written comments FDA uses the information received on ADMINISTRATION on the collection of information to the these forms as input for a computer- Office of Information and Regulatory based information storage and retrieval [Wildlife Order 186; 4–U–AL–0767] Affairs, OMB, New Executive Office system. These voluntary formula filings Public Buildings Services; Mobile Bldg., 725 17th St. NW., rm. 10235, provide FDA with the best information Point Light Station, Gulf Shores, AL Washington, DC 20503, Attn: Stuart available about cosmetic product Shapiro, Desk Officer for FDA. formulations, ingredients and their Pursuant to section 2 of Pub. L. 537, frequency of use, businesses engaged in FOR FURTHER INFORMATION CONTACT: 80th Congress, approved May 19, 1948 the manufacture and distribution of Peggy Schlosburg, Office of Information (16 U.S.C. 667c) notice is hereby given cosmetics, and approximate rates of Resources Management (HFA–250), that: product discontinuance and formula Food and Drug Administration, 5600 1. The General Services modifications. FDA’s database also lists Fishers Lane, Rockville, MD 20857, Administration transferred 32.34 acres cosmetic products containing 301–827–1223. of land and improvements, identified as ingredients suspected to be carcinogenic Mobile Point Light Station, Gulf Shores, SUPPLEMENTARY INFORMATION: In or otherwise deleterious to the public AL to the U.S. Fish and Wildlife Service compliance with 44 U.S.C. 3507, FDA health. The information provided under Department of the Interior by transfer has submitted the following proposed the Cosmetic Product Voluntary letter dated June 12, 2002. collection of information to OMB for Reporting Program assists FDA 2. The above property was conveyed review and clearance. scientists in evaluating reports of for wildlife conservation in accordance alleged injuries and adverse reactions to Cosmetic Product Voluntary Reporting with the provisions of section 1 of Pub. the use of cosmetics. The information Program—(21 CFR 720.4, 720.6, and L. 80–537 (16 U.S.C. 667b), as amended also is utilized in defining and planning 720.8)—(OMB Control Number 0910– by Pub. L. 92–432. analytical and toxicological studies 0030)—Extension Dated: September 25, 2002. pertaining to cosmetics. Gordon S. Creed, Under the Federal Food, Drug, and FDA shares nonconfidential Assistant Commissioner, Office of Property Cosmetic Act (the act), cosmetic information from its files on cosmetics Disposal. products that are adulterated under with consumers, medical professionals, [FR Doc. 02–25650 Filed 10–8–02; 8:45 am] section 601 of the act (21 U.S.C. 361) or and industry. For example, by BILLING CODE 6820–96–M misbranded under section 602 of the act submitting a Freedom of Information (21 U.S.C. 362) cannot legally be Act request, consumers can obtain distributed in interstate commerce. To information about which products do or DEPARTMENT OF HEALTH AND assist FDA in carrying out its do not contain a specified ingredient HUMAN SERVICES responsibility to regulate cosmetics, and about the levels at which certain FDA requests under part 720 (21 CFR ingredients are typically used. Food and Drug Administration part 720), but does not require, that Dermatologists use FDA files to cross- firms that manufacture, pack, or reference allergens found in patch test [Docket No. 02N–0268] distribute cosmetics file with the agency kits with cosmetic ingredients. The Cosmetic, Toiletry, and Fragrance Agency Information Collection an ingredient statement for each of their Association, which is conducting a Activities; Submission for OMB products (§ 720.4). Ingredient statements review of ingredients used in cosmetics, Review; Comment Request; Cosmetic for new submissions (§ 720.4) are has relied on data provided by FDA in Product Voluntary Reporting Program reported on Form FDA 2512, ‘‘Cosmetic Product Ingredient Statement,’’ and on selecting ingredients to be reviewed AGENCY: Food and Drug Administration, Form FDA 2512a, a continuation form. based on frequency of use. HHS. Changes in product formulation The Cosmetic Product Voluntary ACTION: Notice. (§ 720.6) are also reported on Forms Reporting Program was suspended FDA 2512 and FDA 2512a. When a firm during fiscal year (FY) 1998 due to a SUMMARY: The Food and Drug discontinues the commercial lack of budgetary funding and was Administration (FDA) is announcing distribution of a cosmetic, FDA requests reinstated at the beginning of FY 1999. that the proposed collection of that the firm file Form FDA 2514, The estimated hour burden is 60 percent information has been submitted to the ‘‘Discontinuance of Commercial of the previous level reported in 1999. Office of Management and Budget Distribution of Cosmetic Product In general, the larger cosmetic (OMB) for review and clearance under Formulation’’ (§ 720.6). If any of the companies have resumed participating the Paperwork Reduction Act of 1995. information submitted on or with these in the program, whereas the smaller DATES: Submit written comments on the forms is confidential, the firm may companies are lagging. collection of information by November submit a request for confidentiality FDA estimates the burden of this 8, 2002. under § 720.8. collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

720.1 through 720.4 (new FDA 2512 and 54 35.6 1,920 0.5 960 submission) FDA 2512a

720.4 and 720.6 (amendments) FDA 2512 and 54 1.4 75 0.33 25 FDA 2512a

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued

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

720.3 and 720.6 (notices of FDA 2514 54 0.4 20 0.1 2 discontinuance)

720.8 (requests for 00001.50 confidentiality)

Total 987 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

This estimate is based on the number the field of maternal and child health. U.S. Fish and Wildlife Service, P.O. Box and frequency of submissions received The meeting will be closed to the public 25486, Denver Federal Center, Denver, in the past and on discussions between on Wednesday, November 20, 2002, Colorado 80225–0486; telephone 303– FDA staff and respondents during from 10 a.m., through the remainder of 236–7400, facsimile 303–236–0027. routine communications. The actual the meeting for the review of grant FOR FURTHER INFORMATION CONTACT: time required for each submission will applications. The closing is in vary in relation to the size of the accordance with the provisions set forth Documents and other information company and the breadth of its in section 552b(c)(6), Title 5 U.S.C., and submitted with these applications are marketing activities. the Determination by the Associate available for review, subject to the Administrator for Management and requirements of the Privacy Act and Dated: October 1, 2002. Freedom of Information Act, by any Margaret M. Dotzel, Program Support, Health Resources and Services Administration, pursuant to party who submits a written request for Associate Commissioner for Policy. Public Law 92–463. a copy of such documents within 20 [FR Doc. 02–25642 Filed 10–8–02; 8:45 am] days of the date of publication of this Anyone wishing to obtain a roster of notice to the address above; telephone BILLING CODE 4160–01–S members, minutes of meetings, or other 303–236–7400. relevant information should write or DEPARTMENT OF HEALTH AND contact Kishena C. Wadhwani, Ph.D., SUPPLEMENTARY INFORMATION: The HUMAN SERVICES Executive Secretary, Maternal and Child following applicants have requested Health Research Grants Review renewal of scientific research and Health Resources and Services Committee, Room 18A–55, Parklawn enhancement of survival permits to Administration Building, 5600 Fishers Lane, Rockville, conduct certain activities with Maryland 20857, Telephone (301) 443– endangered species pursuant to section Maternal and Child Health Research 2207. 10(a)(1)(A) of the Endangered Species Grants Review Committee; Notice of Dated: October 2, 2002. Act of 1973, as amended (16 U.S.C. 1531 Meeting Jane M. Harrison, et seq.). In accordance with section 10(a)(2) of Director, Division of Policy Review and TE–051833 the Federal Advisory Committee Act Coordination. (Pub. L. 92–463), notice is hereby given [FR Doc. 02–25659 Filed 10–8–02; 8:45 am] Applicant: J. Stephen McCusker, San of the following advisory committee BILLING CODE 4165–15–P Antonio Zoo, San Antonio, Texas meeting. The meeting is open to the The applicant requests a permit to public on Wednesday, November 20, possess black-footed ferrets (Mustela 2002, from 9 a.m. to 10 a.m. and closed DEPARTMENT OF THE INTERIOR nigripes) for public display in for the remainder of the meeting. conjunction with recovery activities for Name: Maternal and Child Health Fish and Wildlife Service the purpose of enhancing the species’ Research Grants Review Committee. survival and recovery. Date and Time: November 20—22, Receipt of Applications 2002; 9 a.m. to 5 p.m. TE–062348 AGENCY: Fish and Wildlife Service, Place: Embassy Suites Hotel, Chevy Interior. Chase Pavilion, 4300 Military Road, Applicant: Craig Milewski, Dakota State NW., Washington, DC 20015. ACTION: Notice of receipt. University, Madison, South Dakota Purpose: To review research grant SUMMARY: We announce our receipt of The applicant requests a permit to applications in the program areas of applications to conduct certain take Topeka shiner (Notropis topeka) in maternal and child health, administered activities pertaining to scientific conjunction with recovery activities by the Maternal and Child Health research and enhancement of survival of throughout the species’ range for the Bureau, Health Resources and Services endangered species. purpose of enhancing their survival and Administration. recovery. Agenda: The open portion of the DATES: Written comments on these Dated: September 19, 2002. meeting will cover opening remarks by requests for permits must be received by the Director, Division of Research, November 8, 2002. Mary G. Henry, Training and Education, who will report ADDRESSES: Written data or comments Regional Director, Denver, Colorado. on program issues, congressional should be submitted to the Assistant [FR Doc. 02–25653 Filed 10–8–02; 8:45 am] activities, and other topics of interest to Regional Director-Ecological Services, BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR conservation of a particular species. DEPARTMENT OF THE INTERIOR Section 4(f) of the Act requires that Fish and Wildlife Service public notice and an opportunity for Fish and Wildlife Service public review and comment be provided Notice of Availability of a Draft during recovery plan development. We Notice of Availability of Final Stock Recovery Plan for the Kneeland Prairie will consider all information presented Assessment Reports Penny-Cress (Thlaspi californicum), for during the public comment period prior Review and Comment AGENCY: Fish and Wildlife Service, to approval of each new or revised Interior. AGENCY: Fish and Wildlife Service, recovery plan. Substantive technical ACTION: Notice of availability of final Interior. comments will result in changes to the marine mammal stock assessment ACTION: Notice of document availability. plan. Substantive comments regarding reports for Pacific walrus, polar bear, recovery plan implementation may not and sea otter in Alaska; response to SUMMARY: We, the U.S. Fish and necessarily result in changes to the comments. Wildlife Service, announce the recovery plan, but will be forwarded to availability for public review of the appropriate Federal or other entities so SUMMARY: In accordance with the Draft Recovery Plan for the Kneeland that they can take these comments into Marine Mammal Protection Act Prairie Penny-cress (Thlaspi account during the course of (MMPA), the Fish and Wildlife Service californicum). The draft plan includes implementing recovery actions. (FWS) has incorporated public specific recovery criteria and measures Individual responses to comments will comments into revisions of marine to be taken in order to delist the not be provided. mammal stock assessment reports Kneeland Prairie penny-cress. We solicit Kneeland Prairie penny-cress (Thlaspi (SARs) for Pacific walrus, polar bear, review and comment from local, State, californicum; penny-cress) is a and sea otter in Alaska. The 2002 final and Federal agencies, and the public on perennial member of the mustard family SARs are now complete and available to this draft recovery plan. (Brassicaceae), restricted to outcrops of the public. DATE:S Comments on the draft recovery serpentine substrate located in ADDRESSES: Send requests for printed plan must be received on or before Kneeland Prairie, Humboldt County, copies of the final stock assessment December 9, 2002, to receive California. Historical loss of the reports to: Chief, U.S. Fish and Wildlife consideration by us. serpentine habitat, combined with the Service, Marine Mammals Management ADDRESSES: Copies of the draft recovery potential for future loss of habitat is the Office, 1011 East Tudor Road, plan are available for inspection, by primary current threat to the species. Anchorage, AK 99503, (800) 362–5148. appointment, during normal business hours at the following location: U.S. The draft recovery plan includes Electronic Access Fish and Wildlife Service, Arcata Fish conservation measures designed to Copies of the final stock assessment and Wildlife Office, 1655 Heindon ensure that a self-sustaining population reports are available on the Internet in Road, Arcata, California 95521 (phone: of penny-cress will continue to exist, Adobe Acrobat format at http:// 707–822–7201). Requests for copies of distributed throughout its extant and www.r7.fws.gov/mmm/SAR. the draft recovery plan, and written historic range. Specific recovery actions SUPPLEMENTARY INFORMATION: comments and materials regarding this focus on protection of the serpentine plan should be addressed to Bruce outcrops and surrounding oak Background Halstead, Project Leader, at the above woodland and grasslands. The draft Section 117 of the MMPA (16 U.S.C. Arcata address. plan also seeks to re-establish multiple 1361–1407) requires the FWS and the FOR FURTHER INFORMATION CONTACT: sexually reproducing colonies of the National Marine Fisheries Service David Imper, Fish and Wildlife penny-cress within the native (NMFS) to prepare stock assessment Ecologist, at the above Arcata address. serpentine plant community present in reports for each marine mammal stock Kneeland Prairie. The ultimate objective SUPPLEMENTARY INFORMATION: that occurs in waters under the of this recovery plan is to delist penny- jurisdiction of the United States. Section Background cress through implementation of a 117 of the MMPA also requires the FWS Restoring endangered or threatened variety of recovery measures including: and the NMFS to review the stock animals and plants to the point where (1) Protection of the extant population assessment reports: (a) At least annually they are again secure, self-sustaining and its habitat, involving acquisition or for stocks that are specified as strategic members of their ecosystems is a other legal protective mechanisms, stocks; (b) at least annually for stocks for primary goal of our endangered species monitoring, and coordination with the which significant new information is program. To help guide the recovery landowners; (2) research on the species available; and (c) at least once every effort, we are working to prepare biology and habitat requirements; (3) three years for all other stocks. If the recovery plans for most of the listed augmentation of existing colonies and review indicates that the status of the species native to the United States. establishment of new colonies; and (4) stock has changed or can be more Recovery plans describe actions ex-situ conservation measures including accurately determined, the agencies are considered necessary for the artificial rearing and seed banking. directed to revise the SARs. We conservation of the species, establish Authority: The authority for this action is published the initial SARs in 1995 and criteria for downlisting or delisting section 4(f) of the Endangered Species Act, revised SARs for Pacific walrus and listed species, and estimate time and 16 U.S.C. 1533(f). polar bears in 1998. Draft 2002 SARs were made available cost for implementing the recovery Dated: August 26, 2002. measures needed. for a 90-day public review and comment The Endangered Species Act of 1973, Steve Thompson, period on March 28, 2002 (67 FR as amended in 1988 (16 U.S.C. 1531 et Manager, California/Nevada Operations 14959). Prior to releasing them for seq.) (Act), requires the development of Office, Region 1, Fish and Wildlife Service. public review and comment, FWS recovery plans for listed species unless [FR Doc. 02–25457 Filed 10–8–02; 8:45 am] subjected the draft reports to internal such a plan would not promote the BILLING CODE 4310–55–P technical review and to scientific review

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by the Alaska Regional Scientific based on the best available scientific northern sea otter in the Aleutian Review Group (ASRG) established information, is declining and is likely to Islands as a candidate species under the under the MMPA. Following the close be listed as a threatened species under Endangered Species Act. Additional of the comment period, FWS revised the the Endangered Species Act of 1973 surveys in 2000 and 2001 along the stock assessments and prepared the within the foreseeable future; or (C) Alaska Peninsula and Kodiak final 2002 SARs. which is listed as a threatened or archipelago also showed population Previous stock assessments covered a endangered species under the declines in these areas. As a result, the single stock of Pacific walrus, two Endangered Species Act of 1973, or is southwest Alaska stock is classified as stocks of polar bears (Chukchi/Bering designated as depleted under the strategic in the final report and is under seas and Southern Beaufort Sea), and a MMPA. review for possible listing under the single stock of sea otters in Alaska. Endangered Species Act. There are no changes in stock Only the southwest Alaska stock of identification for Pacific walrus and sea otters was classified as strategic. All A summary of the final revised stock polar bear, however three stocks of sea other stocks were classified as non- assessment reports is presented in Table otters (southwest Alaska, southcentral strategic. Based on the best available 1. The table lists each marine mammal Alaska, and southeast Alaska) have now scientific information, sea otter numbers stock, estimated abundance (NEST), been identified. across southwest Alaska are declining. minimum abundance estimate (NMIN), A strategic stock is defined in the In April 2000, an aerial survey of sea maximum theoretical growth rate MMPA as a marine mammal stock (A) otters in the Aleutian Islands indicated (RMAX), recovery factor (FR), Potential for which the level of direct human- the population had declined by 70% Biological Removal (PBR), annual caused mortality exceeds the potential during the period from 1992–2000. In estimated average human-caused biological removal level; (B) which, August 2000 FWS designated the mortality, and the status of each stock.

TABLE 1.—SUMMARY OF FINAL STOCK ASSESSMENT REPORTS FOR PACIFIC WALRUS, POLAR BEAR, AND SEA OTTER IN ALASKA

Mortality causes (5 yr. average) Species Stock NEST NMIN RMAX ER PBR Stock status Subsistence Fishery Other

Pacific Wal- Alaska ...... — — 0.08 — — 5,789 ...... 1 4 ...... Non-strategic. rus. Polar Bear ... Alaska ...... — — 0.06 0.5 — 45 (Alaska) 0 0 (Alaska) ... Non-strategic. Chukchi/Bering 100+ (Rus- — (Russia) Seas. sia). Polar Bear ... Alaska ...... 2,272 1,971 0.06 1.0 88 34 (Alaska) 0 <1 (Alaska) Non-strategic. Southern Beaufort 20 (Canada) 0 (Canada) Sea. Sea Otter ..... Southeast Alaska 12,632 9,266 0.20 1.0 927 301 ...... 0 0 ...... Non-strategic. Sea Otter ..... Southcentral Alas- 16,552 13,955 0.20 1.0 1,396 297 ...... 0 0 ...... Non-strategic. ka. Sea Otter ..... Southwest Alaska 41,474 33,203 0.20 0.25 830 97 ...... <1 0 ...... Strategic. Dash(—)indicates unknown value.

Comments and Responses the Cook Inlet and Kenai Fiords areas be completed in sections over the next FWS received 4 letters containing are outdated, do not conform to the 2–3 years. comments for sea otters, 3 letters for established stock boundaries, and Comment 4: One commenter Pacific walrus, and two letters for polar include duplication of effort in recommended that sea otter population bears. The comments and responses are Kachemak Bay. estimates would be clearer if they were separated below by species. Response: We have substituted recent presented in tabular form. population estimates for these areas that Response: Tables of survey results Sea Otter Stock Assessment Reports remedy these problems. have been included in the final stock Comment 1: One commenter noted assessment reports for sea otters. Comment 3: One commenter that the calculation of N for some sea Comment 5: Several commenters min indicated that the population estimate otter surveys does not incorporate noted that sea otter population estimates for much of the southeast Alaska stock available estimates of sampling included unpublished data. is outdated. variance. Response: Typically peer-reviewed Response: We revised our approach to Response: The survey in question is 7 journals follow a 1–2 year cycle from estimating Nmin for surveys that are years old. Stock Assessment guidelines manuscript preparation to submission to uncorrected for sea otters not detected state that abundance estimates older acceptance to publication. We believe by observers by applying generic than 8 years are not reliable. Although that presentation of recent unpublished correction factors appropriate for the it is still acceptable for use in the survey results, from surveys we type of survey. This approach is current stock assessment, we recognize conducted, is preferable than using consistent with our finding on a recent the limitations of the existing data and older published estimates, and more petition to list sea otters in Alaska as have requested the U.S. Geological appropriately meets the standard of ‘‘the depleted under the MMPA (66 FR Survey, Division of Biological best scientific information available.’’ 55693, November 2, 2001) Resources, to conduct an aerial survey Comment 6: One commenter stated Comment 2: Several commenters of sea otters in southeast Alaska. This that the observed sea otter population noted that the population estimates for survey is currently underway, and will growth rate of 12% for the Cross Sound/

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Icy Strait region may not be Response: The FWS has concluded recommended that this assumption representatives of the entire southeast that these data are too preliminary for should be verified from time to time and Alaska stock. inclusion in the 2001 SAR and has modified accordingly if it is found to Response: We agree and have added removed all references to this study. change. text to clarify this point. The FWS will reconsider including this Response: In the absence of more Comment 7: One commenter was information in future SAR’s once the recent scientific data, the FWS has concerned the fisheries information study is complete. chosen to use the published 42% rate does not include information about Comment 11: Two commenters for struck-and-lost animals as the best fisheries that have the potential to recommended making changes to the available scientific information for interact with sea otters. section ‘‘Conservation issues and habitat calculation of total harvest levels. Response: Section 117(a)(4) of the Act concerns’’ in reference to the issue of However, the FWS agrees with the states that stock assessment shall global warming and its potential commenter that it is important to update ‘‘deserve commercial fisheries that impacts to the Pacific walrus or verify this struck-and-lost interact with the stock.’’ We interpret population. information periodically. The FWS this to mean those fisheries for which Response: At the present time there hopes to initiate cooperative studies we have information about interactions, are no data available to make reliable with the Eskimo Walrus Commission to not fisheries with the potential for predictions of the net impacts that examine struck-and-lost rates in the interaction as suggested above. We see changing climate conditions might have near future. little value in speculating as to which on the status and trend of the Pacific Comment 14: One commenter walrus population. The text of the SAR fisheries might interact with sea otters. recommended that the draft stock has been modified to clarify this point. For a detailed list of fisheries and assessment should emphasize that the Comment 12: One commenter noted Pacific walrus population may be in marine mammal interactions, the reader that the SAR underestimated struck- is directed to NMFS Continuing List of decline, even as the subsistence hunt and-lost rates for subsistence-harvested continues to take a very large number of Fisheries [67 FR 2410, January 17, animals and questioned the accuracy of 2002]. The FWS relies on NMFS to animals. the sex-ratio reported for the walrus Response: The current size and trend provide us with estimates of fishery harvest in Alaska. The commenter refers interactions. For further details on the of the Pacific walrus population is to recent FWS harvest monitoring field unknown. In the absence of new survey limitations of these data, the reader is reports, describing harvest monitoring directed to the most recent NMFS information, it is not possible to make activities in the Bering Strait region, that reliable predictions regarding Notice of Availability of Final Stock suggest that self-reporting of struck-and- Assessment Reports [67 FR 10671, population trend. lost rates are likely to be negatively Comment 15: One commenter noted March 8, 2002]. biased and describe a harvest with a that Russian officials consider the level Comment 8: Several commenters skewed sex-ratio favoring females and of fisheries interaction to the small. The noted harvest estimates from the marine dependent calves. commenter felt this statement could be mammal Marking, Tagging, and Response: Due to potentially negative reassuring or misleading and Reporting Program may be biased low to bias associated with self-reporting of recommended that the statement that an unknown degree due to incomplete struck-and-lost rates, the FWS did not the level of take in Russian waters is hunter compliance. include this data in the SAR. The undetermined. Response: We believe this potential struck-and-lost estimate reported in the Response: We agree and have changed source of bias is extremely small for the SAR is based on a published study the text in the SAR to indicate that there following reason. Sea otters are hunted describing the number of walrus struck are no data available concerning the for their pelts, which must be tanned and lost during monitored subsistence incidental catch of walrus in fisheries before they can be fashioned into hunts in Alaska (Fay et al. 1994), The operating in Russian waters. handicrafts, and commercial tanneries annual field reports referred to by the Comment 16: One commenter noted will not accept untagged pelts. For commenter describe a subset of the that the section on ‘‘Fisheries accuracy, we have inserted the word annual subsistence walrus harvest in information’’ refers to trawl and ‘‘Estimated’’ into figure legends for Alaska. Although the spring hunt in longline fishery interactions, but does subsistence harvest. these Bering Strait communities is not distinguish the level of takes Comment 9: One commenter noted frequently characterized by a sex-ratio between two gear types or the multiple that information about the number of skewed towards females, the sex ratio of fisheries that they represent. sea otters captured and released for the state-wide harvest over the 5-year Response: The text was modified to scientific research was not quantified. period described in the 2001 SAR clarify that the only fishery for which Response: Statistics on capture and (1996–2000) was near parity. The source incidental kill or injury was reported release for scientific research have been of the sex-ratio information was the was the domestic Bering Sea groundfish included. FWS Marking, Tagging, and Reporting trawl fishery. For additional information Program, which is a State-wide, year- Pacific Walrus Stock Assessment regarding fisheries interactions, the SAR round program that requires subsistence Report references a complete list of fisheries hunters to report the age and gender of and marine mammal interactions Comment 10: One commenter noted all harvested walrus to the FWS. The published annually by NMFS [67 FR that the section ‘‘Current and maximum source of the sex-ratio information was 2410, January 17, 2002]. net productivity rates’’ referred to a referenced in the text for clarity. Comment 17: One commenter noted study by University of Alaska Comment 13: One commenter noted that the observer coverage for fisheries researchers to investigate the that the 42% struck-and-lost rate observer data was not stated. reproductive rates of free-ranging walrus described in the SAR was based on data Response: The range of observer herds. The commenter recommended at least eight years old and speculated coverage over the 5-year period (1996– that the reproductive rates and/or that this rate may change over time due 2000), as well as the annual observed juvenile survival rates observed in these to changes in hunting conditions and and estimated mortalities, are included studies be reported in the SAR. practices. The commenter in Table 2 of the SAR.

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Comment 18: One commenter noted later stability of the Beaufort Seas stock acknowledge that the respective size of that the SAR states that most of the since that stocks have experienced the two populations is crucial to interactions involve walruses dead from similar management and harvest understanding the effect of any harvest other causes and recommended that the histories. However, this inference could regime. Recent decline in harvest levels report provide information to support be reasonably questioned for several from the Alaska Chukchi/Bering Seas this statement. reasons. First, growth patterns are a during the period 1996–2001 and Response: The text was modified to function of multiple factors including, reports of substantial illegal harvest in clarify that most of the observed but not limited to, harvest and Russia are of concern. Because of these interactions were with decomposed management histories. As harvest and concerns, we revised the status of this walrus carcasses or skeleton remains management histories are not the only stock to unknown. suggesting that the animals died prior to determinants of growth trends, and as Comment 24: One commenter noted their interaction with the fishing gear. other possible factors (e.g., disease, that the report does not provide a basis Comment 19: One commenter noted shifts in distribution or availability of for confidence in the precision and that the SAR states that the rate of prey) are not evaluated, this inference reliability of harvest estimates for mortality and injury is estimated at should be questioned. Russian harvests. ‘‘less than two animal [sic] per year,’’ Response: We agree that scientific Response: We have changed the but the basis of that estimate is not clear evidence is scant regarding population Figure 2 caption to ‘‘Annual Alaska from the data presented. trends for the Chukchi/Bering Seas polar bear harvest from 1961–2001.’’ We Response: The SAR identifies the stock. Most of the evidence cited in sub- have added text in the SAR to clarify NMFS observer program as the source of points a–e are from previous data that harvest estimates for Chukotka are information regarding fisheries should have not been reaffirmed in based on anecdotal information. interactions in U.S. waters. The range of recent years. We have revised this Comment 25: Two commenters observer coverage over the 5-year period section to indicate that, while evidence suggested that data for this stock (1996–2000), as well as the annual or impressions of population growth continue to be insufficient for observed and estimated mortalities are were appropriate previously, current establishing a population estimate and included in Table 2. data to support this conclusion is not urge the FWS to prioritize its research Comment 20: One commenter available. For reasons stated earlier, it needs to improve the data available on recommended that the SAR should appeared reasonable to believe that the this stock. identify the potential indirect impacts Chukchi/Bering Seas stock experienced Response: The FWS has placed an that bottom trawling may have on the growth following a 50% reduction in emphasis on the development of the Pacific walrus population through harvest in the 1970’s and that US/Russia Bilateral Treaty for the alteration of habitat. population growth likely continued up conservation of this population stock. Response; Section 117(a)(4) of the to the early 1990s, similar to the The bilateral treaty includes provisions Marine Mammal Protection Act states Beaufort Sea stock. The Beaufort Sea for conducting research to monitor that stock assessments shall ‘‘describe stock stabilized in the 1990’s. It is population trends and develop commercial fisheries that interact with possible that the same may have been population estimates for the Chukchi/ the stock.’’ We interpret this to mean true for the Chukchi/Bering Seas stock, Bering Seas stock. The current polar those fisheries for which we have although this population was subject to bear research program does not have information about direct interactions additive unknown harvest levels, adequate personnel or funding to with walrus, not fisheries with potential starting around 1992, that may have conduct operations in both the Southern secondary impacts as suggested above. affected its status. Supporting evidence Beaufort Sea and the Chukchi/Bering is not available to confirm the status of Seas. The FWS continues to support Polar Bear Stock Assessment Reports the population, and recent information implementation of the Bilateral Treaty, Chukchi/Bering Sea regarding increased Russian harvest and unified harvest management programs decreased Alaska harvest are cause for in Russia and Alaska, and conducting Comment 21: One commenter concern. Consequently, we have chosen an aggressive polar bear research questioned whether the process of to designate the status of the Chukchi/ program to more effectively monitor this delineating stocks is based on political Bering Seas stock as unknown. population. reasons such as management agreements Comment 23: One commenter noted Comment 26: One commenter noted or evidence of significant biological that the harvest patterns for the two that factors which may affect growth distinction. stocks may not have been the same. rates, including potential effects of Response: We clarified the stock Subsistence harvests are illustrated in global climate change and persistent assessments for the Chukchi/Bering Figure 2 of each SAR, but comparisons organic pollutants were not included in Seas stock and the Southern Beaufort should be done carefully as the y–axis the Southern Beaufort Sea stock Sea stock assessment to indicate that is not the same in the two figures, and assessment. past and present management regimes it appears that the number of bears Response: We have incorporated these have consistently distinguished between taken from the Chukchi/Bering Seas references into the Southern Beaufort the Southern Beaufort Sea and Chukchi/ stock may have been on the order of two Sea stock assessment. Bering Seas stocks based upon times the number taken from the Comment 27: One commenter biological evidence presented in the Southern Beaufort Sea stock. The recommended including the basis for stock assessments. significance of that difference will the statement that the number of Comment 22: Two commenters noted depend in part on the respective size of unreported kills since 1980 to the that the evidence suggesting that the the two populations, and since the size present time is thought to be negligible. stock has grown since 1972 was not of the Chukchi/Bering Seas stock is Response: We consider the number of sufficient to support the claims made undetermined, the effects of harvesting unreported kills since 1980 to be regarding the trends in this population. are not clear. negligible for the following reasons. All This section also states that it is realistic Response: Figure 2 illustrates that the harvested bears in Alaska are required to infer that the Chukchi/Bering Seas trend of declining U.S. harvests, post to have the skull and skin tagged stock mimicked the growth pattern and MMPA, were similar for both stocks. We through FWS’s Marking, Tagging, and

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Reporting Program. Due to the relatively female population is estimated as 1,250 this stock, such an adjustment may be small number of bears taken; the high with a CV of 0.17. The total population consistent with the purpose of PBR as visibility, cultural importance, and is estimated by 1,250/0.55 and, based on set forth in the first sentence of the sharing of the take within villages; the the estimated minimum population, it statutory definition (section 3 (20)), but relatively large size and visible methods appears that 0.55 was treated as a is not consistent with the second part of of handling polar bear hides; and constant. Presumably, however, 0.55 is the definition setting forth the formula repeated visits by biologists and reports a correction factor that is also estimated for calculating PBR. from harvest monitors, we believe that with some degree of error, and that error Response: In the narrative, PBR levels the total harvest is accurately should be included in the calculation of are calculated with and without a sex- represented by the tagged and untagged the CV for the total population estimate. biased harvest adjustment. We have bear harvest totals. Response: A variance was not chosen the adjusted PBR since it more Comment 28: One commenter calculated for the 55% female sex accurately reflects what we would requested clarification on whether composition and thus the ration is used consider as a safe biological removal illegal hunting in Russia increased or as a constant for the abundance level. This is an issue of perception became significant in 1992, and whether estimate. The Nmin estimate is correct, more than substance, since there is no the occurrence of illegal hunting has and typographic errors in the formula application beyond taking of polar bears been acknowledged since 1992. have been corrected. incidental to commercial fishing, and no Response: The text has been clarified Comment 33: One commenter incidental take of polar bears by to indicate that the occurrence and suggested that the basis for the commercial fisheries has occurred. significance of illegal hunting was arguments that the population may have Comment 36: One found that the thought to have begun in 1992. approached carrying capacity (K) was reported numbers of polar bear kills in Comment 29: Two commenters noted not evident based on the information the section on ‘‘Sport and native that the basis for the statement that the provided. The report states that ‘‘the Subsistence Harvest’’ was confusing. A ‘‘stock appears to be stable despite a indication that the population was table of annual bear harvests by stock, substantial annual harvest’’ should be stable, births approximated deaths, is time period, country, and type of hunt either justified with suitable evidence or noteworthy.’’ It is unlikely that the data (sport versus subsistence) would help to deleted. are available to confirm that births clarify the history of harvest from this Response: For reasons previously approximated deaths, so that statement stock. stated, we have modified the text to appears to be a supposition. It is not Response: We have reorganized and acknowledge that the population status clear what is meant by the statement revised the text in this section and or trend of this population is unknown. that this supposition seems Figure 2 caption to clarify the harvest Comment 30: The draft stock ‘‘noteworthy.’’ Clarification would be information. Figure 2 is included to assessment does not consider the impact useful. illustrate a decline in the Alaska harvest of oil and gas development on polar Response: The text has been revised after passage of the MMPA in 1972. The bears as is done with the sea otter to emphasize that the most recent last five years of the Canada harvest data stocks. population modeling exercise (Amstrup for the Southern Beaufort Sea stock have Response: Oil and gas exploration or et al. 2001) suggests that the population been summarized in the text. development projects have not been grew during the late 1970’s and 1980’s Comment 37: One commenter noted proposed in the Alaska Chukchi/Bering and stablized in the 1990’s. Inferences that it was unclear as to whether the Seas during the past five years. If future to the population relationship with reference to industry pertains to the oil oil and gas development projects are carrying capacity have been removed. and gas industry specifically or all proposed, we will consider the potential The statement that modeling indicates industry in general. effects to polar bears. that the population stablized in the Response: The use of industry in the 1990’s (Amstrup et al. 2001) is Southern Beaufort Sea generic sense is correct in this sentence. supported and has been retained as While the incidental take regulations Comment 31: One commenter noted noteworthy since it indicates a change apply to the oil and gas industry, the that it was not clear if estimates of the in status. statute allows U.S. citizens, including female, total, and minimum populations Comment 34: One commenter any industry, to petition for the pertain to the entire period from 1986 to suggested that, without good juvenile development of incidental take 1998, or perhaps only to the end of the survival estimates, life-history analysis regulations. period. Previous estimates by the same and estimated growth rates may be lead author suggested a doubling of size inaccurate. Literature Cited during the period from 1988 to 1998, Response: Juvenile survival rates are Amstrup, S.C., T.L. McDonald, and I. although the report later suggests that not known for this population, nor well Stirling. 2001. Polar bears in the the population is stable. known for any polar bear population. Beaufort sea: A 30-year mark- Response: We have condensed and We have good information on survival recapture case history. Journal of clarified this information to indicate estimates of yearlings and two-year-old Agricultural, Biological and that Amstrup (unpublished data) bears. Recently weaned two-year-old Environmental Statistics. Vol estimated the total population to be bears were assigned survival estimates 6(2):221–234. 2,272. This population estimate for the of the two-year-old bears, and the three- Fay, F.H. J.J. Burns, S.W. Stoker, and J.S. period 1986–98 was based on an year-old bears were given survival Grundy. 1984. The struck-and-lost estimate of 1,250 females (CV = 0.17) estimates of yearlings. We believe that factor in Alaskan walrus harvests. and a sex ratio of 55% female from the these estimates are conservative. Arctic 47(4):368–373. best model (Amstrup et al. 2001). Nmin Comment 35: The stock assessment is 1,973 bears for a population size of for the Southern Beaufort Sea stock of Dated: August 29, 2002. 2,272 anc CV of 0.17. polar bears notes that the potential David B. Allen, Comment 32: In addition, it was not biological removal level for this stock Regional Director. clear that the estimate of the minimum has been adjusted upward from 59 to 88 [FR Doc. 02–25679 Filed 10–8–02; 8:45 am] population is calculated correctly. The to account for the male harvest bias. For BILLING CODE 4310–55–M

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DEPARTMENT OF THE INTERIOR holidays, and may be published as part In preparing the EIS, BLM will of the environmental analysis or other identify and consider a range of Bureau of Land Management related documents. Individual management actions including respondents may request commercial and non-commercial forest [OR–090–5900 GP2–0103] confidentiality. If you wish to withhold thinning, snag and coarse woody debris Notice of Intent to Prepare an your name or address from public creation, road decommissioning, culvert Environmental Impact Statement review or from disclosure under the replacement, and in-stream habitat Within the Upper Siuslaw River Sub- Freedom of Information Act, you must restoration. A No Action alternative Unit of a Late-Successional Reserve state this prominently at the beginning which would involve no active on Lands Administered by the Eugene of your written comment. Such requests management will be analyzed in detail. District in Lane and Douglas Counties, will be honored to the extent allowed by Other preliminary alternatives include: OR law. All submissions from organizations Continuation of the current management or businesses, and from individuals approach; restoration limited to forest AGENCY: Bureau of Land Management, identifying themselves as plantations and road management, with Interior. representatives or officials of no commercial timber harvest; ACTION: Notice of intent to prepare an organization or businesses, will be made restoration focused on recovery of environmental impact statement (EIS). available for public inspection in their threatened and endangered species; entirety. restoration that would reduce forest SUMMARY: The Eugene District of the ADDRESSES: Send written comments to: stand densities as quickly as possible; Bureau of Land Management (BLM), Rick Colvin, P.O. Box 10226, Eugene, restoration based on multi-entry and with the U.S. Fish and Wildlife Service OR, 97440; or e-mail to: multi-trajectory thinning. as a Cooperating Agency, is developing [email protected] Attn: Rick Colvin. Preliminary issues identified include: a plan for forest and aquatic ecosystem FOR FURTHER INFORMATION CONTACT: Rick —How would thinning affect restoration within a Late-Successional Colvin at (541) 683–6600 or 1–888–442– development of late-successional Reserve (LSR) in the Coast Range 3061. forest habitat characteristics? Mountains west of Eugene, Oregon SUPPLEMENTARY INFORMATION: —What are the effects of restoration (LSR–267). The purpose of the plan will The 1994 Northwest Forest Plan established a activities on the northern spotted owl, be to design a long-term management marbled murrelet, and coho salmon approach and specific actions needed to network of Late-Successional Reserves (LSRs) designed to protect and enhance habitat? achieve the LSR goals and Aquatic —What level of risk to existing late- Conservation Strategy objectives set out late-successional and old-growth forest ecosystems on Federal forests within the successional forest would result from in the Northwest Forest Plan. BLM will restoration activities? develop a restoration plan for the Upper range of the northern spotted owl. The Northwest Forest Plan allows certain —How would actions meet the Siuslaw River sub-unit of LSR–267, and objectives of the Aquatic Conservation will analyze the impacts of the proposed activities within LSRs if they are neutral or beneficial to late-successional habitat Strategy? plan and alternatives in an EIS. —How much new road construction BLM invites written comments on the characteristics. The Northwest Forest Plan requires preparation of an LSR would be needed to implement scope of the analysis for a restoration restoration actions? plan for the Upper Siuslaw River sub- Assessment prior to most management actions. The LSR Assessment for the —How would road decommissioning unit of LSR–267. BLM will give notice and road management actions alter of the availability of the environmental planning area was completed in 1997. Silvicultural treatments, including public access to BLM lands? impact statement and decision-making thinning and underplanting, may speed —How would restoration actions affect process that will occur so that interested the development of late-successional the presence and spread of noxious and affected people will be aware of forest structural characteristics and may weeds? how they may participate and improve habitat conditions for —What would be the economic effects contribute to the final decision. These threatened and endangered species, of restoration activities? notices will be published in local —What would the restoration program including the northern spotted owl and newspapers and mailed to known cost? marbled murrelet. Aquatic restoration persons or groups of interest in the local may be accelerated by creation of in- Input from the scoping process will be area. stream habitat structures, riparian used to determine the scope of the The Upper Siuslaw LSR Restoration thinning to restore large conifers, and analysis, consistent with the plan is intended to be developed in improved road management, including requirements of 40 CFR 1501.7 and conformance with the 1995 Eugene culvert replacement. Additional 1508.22. The scoping process includes: District Resource Management Plan information on the role of active —Defining the scope of the analysis and (RMP). This plan is not expected to management in restoring late- nature of the decision to be made; require any amendment or revision of successional forest characteristics and —identifying the issues for the RMP, and therefore the provisions of healthy aquatic ecosystems is available consideration within the 43 CFR 1610.5–5 and 1610.6 do not in the Northwest Forest Plan and environmental impact statement; apply. supporting documents and in the —exploring possible alternatives; DATES: Comments concerning the scope watershed analysis and LSR Assessment —identifying potential environmental of the analysis should be received in for this planning area. effects; writing by November 8, 2002, to ensure The Upper Siuslaw LSR Restoration —identifying groups or individuals that timely consideration. Comments, plan will address management of the would be interested in or affected by including names and street addresses of approximately 25,000 acres of BLM- the proposed plan. respondents, will be available for public managed lands within LSR 267 in the BLM is also interested in suggestions review at the Eugene District office upper portion of the Siuslaw River fifth- from the public about how they would during regular hours (7:45 a.m. to 4:15 field watershed. Intermingled with these like to be involved in the environmental p.m.), Monday through Friday, except federal lands are privately-owned lands. analysis and decision-making process.

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BLM will seek information, comments, Sec. 15, Lots 1–6 2. All mineral deposits shall be and assistance from Federal, State, and Sec. 16, NE1⁄4NE1⁄4 reserved to the United States, together local agencies and other individuals or Totaling 1644.94 acres. with the right to prospect for, mine, and organizations interested in or affected The above-described lands are hereby remove such deposits under applicable by the proposed plan. classified for disposal in accordance laws and regulations as the Secretary of In August 2000, BLM mailed with section 7 of the Taylor Grazing Act, the Interior may prescribe. preliminary information to known 43 U.S.C. 315f, Act of June 28, 1934, as And will be subject to: persons or groups of interest in the local amended and Executive Order 6910. 1. Right-of-way N–48618 for a buried area. Since that time, BLM has also DATES: Comments must be submitted water pipeline held by the County of solicited public participation through a Eureka. series of public meetings and field trips within 45 days of the date this Notice is published in the Federal Register. 2. All other valid existing rights. and plans to hold more meetings and Publication of this Notice in the field trips. BLM has also mailed a ADDRESSES: Bureau of Land Management, Battle Mountain Field Federal Register segregates the subject periodic newsletter about this LSR lands from all appropriations under the Restoration Project to known persons or Office, 50 Bastian Road, Battle Mountain, Nevada 89820. public land laws, except sale under the groups of interest in the local area. In Federal Land Policy and Management response to these efforts, BLM has FOR FURTHER INFORMATION CONTACT: Act of 1976. The segregation will received comments on the scope of the Chuck Lahr, Realty Specialist, at the terminate upon issuance of the patent or environmental analysis, possible above address or at (775) 635–4000. 270 days from date of publication, alternatives, and issues for SUPPLEMENTARY INFORMATION: This whichever occurs first. consideration. BLM will use those parcel of land near Eureka, Nevada, is For a period of 45 days from the date comments received prior to this notice being offered by direct sale to this Notice is published in the Federal together with comments received in Homestake Mining Company. The land Register, interested parties may submit response to this notice in determining is not required for Federal purposes. comments to the Battle Mountain Field the scope of the analysis. The proposed action is consistent with Manager at the above address. Any The responsible official for this the objectives, goals, and decisions of adverse comments will be reviewed by proposal is: Steven Calish, Field the Shoshone/Eureka Resource the State Director, who may sustain, Manager, South Valley and Coast Range Management Plan. vacate, or modify this realty action and Resource Areas, Eugene District, BLM. The United States will retain the issue a final determination. In the Julia Dougan, subsurface mineral estate associated absence of timely filed objections this District Manager. with the subject parcel. The parcel is realty action will become the final currently utilized by Homestake for [FR Doc. 02–25662 Filed 10–8–02; 8:45 am] determination of the Department of the surface operations, including mining BILLING CODE 4310–AG–P Interior. The land will not be offered for and ore processing, at their Ruby Hill sale until at least sixty days after the Mine. The parcel is covered in its date this notice was published in the DEPARTMENT OF THE INTERIOR entirety by federal mining claims Federal Register. controlled by Homestake. The Ruby Hill Dated: August 28, 2002. Bureau of Land Management Mine is an active gold mine. Surface ownership of the subject parcel will Joshua Alpert, [NV–930–1430–EU; N–66188] allow Homestake to optimize mining Acting Assistant Field Manager, Nonrenewable Resources. Notice of Realty Action: Nevada operations and better manage closure and reclamation issues associated with [FR Doc. 02–25661 Filed 10–8–02; 8:45 am] AGENCY: Bureau of Land Management, mine operations. The potential exists for BILLING CODE 4310–HC–P Interior. the discovery of additional locatable ACTION: Direct sale of Public Lands in minerals, primarily gold, on the subject DEPARTMENT OF THE INTERIOR Eureka County, Nevada. parcel. The proponent will have 30 days from Minerals Management Service SUMMARY: The following described lands the date of receiving the sale offer to near the town of Eureka, Eureka County, accept the offer and to submit a deposit Agency Information Collection Nevada, have been examined and found of 30 percent of the purchase price and Activities: Proposed Collection, suitable for disposal by direct sale, at money for publication costs. The Comment Request the appraised fair market value, to purchaser must submit the rest of the Homestake Mining Company of Eureka, purchase price, within 90 days from the AGENCY: Minerals Management Service Nevada. Authority for the sale is in date the sale offer is received. Payments (MMS), Interior. Sections 203 and 209 of the Federal may be by certified check, postal money ACTION: Notice of an extension of a Land Policy and Management Act of order, bank draft, or cashier’s check currently approved information October 21,1976 (43 U.S.C. 1701,1713, made payable to the U.S. Department of collection (OMB Control Number 1010– 1719). the Interior—BLM. Failure to meet 0136). conditions established for this sale will Mount Diablo Principal Meridian, Nevada void the sale and any money received SUMMARY: To comply with the T. 19 N., R. 53 E., for the sale will be forfeited. Paperwork Reduction Act (PRA) of Sec. 03, Lots 1–4, S1⁄2S1⁄2 The patent, when issued, will contain 1995, we are inviting comments on a 1 1 Sec. 04, SE ⁄4SE ⁄4 the following reservations to the United collection of information that we will Sec. 09, E1⁄2E1⁄2, W1⁄2NE1⁄4, E1⁄2NW1⁄4, States: submit to the Office of Management and NE1⁄4SW1⁄4, NW1⁄4SE1⁄4 Sec. 10, Lots 1–4, N1⁄2, W1⁄2SW1⁄4, 1. A right-of-way for ditches and Budget (OMB) for review and approval. E1⁄2SE1⁄4, NW1⁄4SE1⁄4 canals constructed by authority of the The information collection request (ICR) Sec. 11, W1⁄2SW1⁄4 United States, Act of August 30, 1890, is titled ‘‘30 CFR part 206, Subpart C, Sec. 14, NW1⁄4NW1⁄4 (43 U.S.C. 945); Federal Oil Valuation’.

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DATES: Submit written comments on or lands and the Outer Continental Shelf Federal or Indian lands, that company before December 9, 2002. (OCS). The Secretary of the Interior is or individual agrees to pay the lessor a ADDRESSES: Submit written comments responsible for managing the production share (royalty) of the value received to Sharron L. Gebhardt, Regulatory of minerals from Federal and Indian from production from the leased lands. Specialist, Minerals Management lands and the OCS, collecting royalties The lease creates a business relationship Service, Minerals Revenue Management, from lessees who produce minerals, and between the lessor and the lessee. The P.O. Box 25165, MS 320B2, Denver, distributing the funds collected in lessee is required to report various kinds Colorado 80225. If you use an overnight accordance with applicable laws. MMS of information to the lessor relative to courier service, our courier address is assists the Secretary in performing the the disposition of the leased minerals. Building 85, Room A–614, Denver royalty management functions. Such information is similar to data Federal Center, Denver, Colorado 80225. Section 101(a) of the Federal Oil and reported to private and public mineral You may also e-mail your comments to Gas Royalty Management Act of 1982 interest owners and is generally us at [email protected]. Include (FOGRMA), as amended, requires that available within the records of the the title of the information collection the Secretary ‘‘establish a lessee or others involved in developing, and the OMB control number in the comprehensive inspection, collection, transporting, processing, purchasing, or ‘‘Attention’’ line of your comment. Also and fiscal and production accounting selling of such minerals. The include your name and return address. and auditing system to provide the information collected includes data Submit electronic comments as an capability to accurately determine oil necessary to assure that the royalties are ASCII file avoiding the use of special and gas royalties, interest, fines, paid appropriately. The valuation characters and any form of encryption. penalties, fees, deposits, and other regulations at 30 CFR part 206, subpart If you do not receive a confirmation we payments owed, and collect and C, require companies to collect and/or have received your e-mail, contact Ms. account for such amounts in a timely submit information used to value their Gebhardt at (303) 231–3211. manner.’’ In order to accomplish these Federal oil. FOR FURTHER INFORMATION CONTACT: tasks, MMS developed valuation Frequency: Annually. Sharron L. Gebhardt, telephone (303) regulations for Federal leases at 30 CFR Estimated Number and Description of 231–3211, FAX (303) 231–3385 or e- part 206, subpart C. Market value is a Respondents: 61 Federal lessees. mail [email protected]. basic principle underlying royalty Estimated Annual Reporting and SUPPLEMENTARY INFORMATION: valuation. Consequently, these Recordkeeping ‘‘Hour’’ Burden: The Title: 30 CFR Part 206, Subpart C, regulations include methods to capture annual reporting burden for this Federal Oil Valuation. the true market value of crude oil information collection is 12,431 hours. OMB Control Number: 1010–0136. produced from Federal leases, both At an hourly rate of $50, we estimate the Abstract: The Department of the onshore and offshore. total annual cost to industry is Interior (DOI) is responsible for matters When a company or an individual $621,550. See the table below for a relevant to mineral resource enters into a lease to explore, develop, breakdown of the burden by CFR development on Federal and Indian produce, and dispose of minerals from section and paragraph.

Annual 30 CFR 206 section Reporting requirements Burden hours per response number of Annual bur- responses den hours

206.103(a), (b), (c) & (e) .... Calculate value of oil not solid at arm’s-length ...... Category 1 = 222.50 1 ...... 13 2,892 Category 2 = 116.00 2 ...... 4 464 Category 3 = 31.25 3 ...... 28 875 Obtain MMS approval for tendering program ...... 400 ...... 2 800 Obtain MMS approval for alternative valuation method- 400 ...... 2 800 ology. Obtain MMS approval to use value determined at re- 330 ...... 1 330 finery. 206.107(a) ...... Request a value determination from MMS ...... 330 ...... 8 2,640 206.110(b), (c) and (e) ...... Propose transportation cost allocation method to MMS 330 ...... 1 330 when transporting more than one liquid product under an arm’s-length contract. Propose transportation cost allocation method to MMS 330 ...... 1 330 when transporting gaseous and liquid products under an arm’s-length contract. You must obtain MMS approval before claiming a 330 ...... 1 330 transportation factor in excess of 50 percent of the base price of the product. 206.111(g), (k) and (l) ...... Propose change of depreciation method for non-arm’s- 330 ...... 1 330 length transportation allowances to MMS. Propose transportation cost allocation method to MMS 330 ...... 1 330 when transporting more than one liquid product under a non-arm’s-length contract. Propose transportation cost allocation method to MMS 330 ...... 1 330 when transporting gaeous and liquid product under a non-arm’s-length contract. 206.112(b) and (f) ...... Request MMS approval for location/quality adjustment 330 ...... 1 330 under non-arm’s-length exchange agreements. Request MMS for location/quality adjustment when in- 330 ...... 4 1,320 formation is not available.

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Annual 30 CFR 206 section Reporting requirements Burden hours per response number of Annual bur- responses den hours

Total ...... 61 12,431 1 Category 1 lessees are companies with over 30 million barrels of domestice production. 2 Category 2 lessees are companies with between 10 and 30 million barrels of annual domestic production. 3 Category 3 lessees are companies with less than 10 million barrels of annual domestic production.

MMS is requesting OMB’s approval to period over which you incur costs. Dated: October 2, 2002. continue to collect this information. Not Capital and startup costs include, Lucy Querques Denett, collecting the information would limit among other items, computers and Associate Director for Minerals Revenue the Secretary’s ability to discharge his/ software you purchase to prepare for Management. her duties and may also result in loss of collecting information; monitoring, [FR Doc. 02–25705 Filed 10–8–02; 8:45 am] royalty payments. Proprietary sampling, testing equipment; and record BILLING CODE 4310–MR–P information submitted is protected, and storage facilities. Generally, your there are no questions of a sensitive estimates should not include equipment nature included in this information or services purchased: (i) Before October DEPARTMENT OF THE INTERIOR collection. 1, 1995; (ii) to comply with Minerals Management Service Estimated Annual Reporting and requirements not associated with the Recordkeeping ‘‘Non-hour Cost’’ information collection; (iii) for reasons Burden: We have identified no ‘‘non- Request for Nominations for Public other than to provide information or Members to the Royalty Policy hour’’ cost burdens. keep records for the Government; or (iv) Comments: The PRA (44 U.S.C. 3501, Committee of the Minerals as part of customary and usual business Management Advisory Board et seq.) provides an agency may not or private practices. conduct or sponsor, and a person is not AGENCY: Minerals Management Service We will summarize written responses required to respond to, a collection of (MMS), Interior. to this notice and address them in our information unless it displays a ACTION: Request for nomination. currently valid OMB control number. ICR submission for OMB approval, Before submitting an ICR to OMB, PRA including appropriate adjustments to SUMMARY: The Secretary of the Section 3506(c)(2)(A) requires each the estimated burden. We will provide Department of the Interior has agency ‘‘* * * to provide notice * * * a copy of the ICR to you without charge established a Royalty Policy Committee and otherwise consult with members of upon request and the ICR will also be (RPC), on the Minerals Management the public and affected agencies posted on our Web site at http:// Advisory Board, to provide advice on concerning each proposed collection of www.mrm.mms.gov/Laws_R_D/ the Department’s management of information * * *.’’ Agencies must FRNotices/FRInfColl.htm. Federal and Indian minerals leases, specifically solicit comments to: (a) Public Comment Policy: We will post revenues, and other minerals related Evaluate whether the proposed all comments in response to this notice policies. RPC membership includes collection of information is necessary on our Web site at http:// representatives from States, Indian for the agency to perform its duties, www.mrm.mms.gov/Laws_R_D/ Tribes and allottee organizations, including whether the information is FRNotices/FRInfColl.htm. We will also minerals industry associations, other useful; (b) evaluate the accuracy of the make copies of the comments available governmental agencies, and the agency’s estimate of the burden of the for public review, including names and interested public. Members serve 2-year proposed collection of information; (c) addresses of respondents, during regular terms without pay but will be enhance the quality, usefulness, and business hours at our offices in reimbursed for travel expenses incurred clarity of the information to be Lakewood, Colorado. Individual when attending official RPC meetings. Reimbursements will be calculated in collected; and (d) minimize the burden respondents may request we withhold accordance with the Federal travel on the respondents, including the use of their home address from the public automated collection techniques or regulations as implemented by the record, which we will honor to the other forms of information technology. Department. The RPC currently has one extent allowable by law. There also may The PRA also requires agencies to vacant public position and another due be circumstances in which we would estimate the total annual reporting to expire at the beginning of next year. withhold from the rulemaking record a ‘‘non-hour cost’’ burden to respondents The Director, MMS, is requesting respondent’s identity, as allowable by or recordkeepers resulting from the nominations to complete the RPC’s collection of information. We have not law. If you request that we withhold public membership that allows up to identified non-hour cost burdens for your name and/or address, state this four representatives. These nominations this information collection. If you have prominently at the beginning of your may originate from State and local costs to generate, maintain, and disclose comment. However, we will not governments, universities, other public this information, you should comment consider anonymous comments. We organizations or individuals, and may and provide your total capital and will make all submissions from include self-nominations. Nominees startup cost components or annual organizations or businesses, and from should have knowledge of the mineral operation, maintenance, and purchase individuals identifying themselves as and energy industry to assure sound of service components. You should representatives or officials of representation of the public interest. describe the methods you use to organizations or businesses, available The nomination package must include a estimate major cost factors, including for public inspection in their entirety. nomination letter from an interested system and technology acquisition, MMS Information Collection organization, or a self-nomination letter expected useful life of capital Clearance Officer: Jo Ann Lauterbach, from an individual, outlining the equipment, discount rate(s), and the (202) 208–7744. candidate’s qualifications including an

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updated biography with mailing and quality, objectivity, utility, and integrity comments on these guidelines at any email addresses. All nomination of Government information time and will consider those comments packages received will be subject to the disseminated to the public. In in any future revisions. Department’s diversity policies. compliance with OMB’s guidelines, Dated: October 1, 2002. DATES: Submit nominations on or before MMS announces the availability of its Walter D. Cruickshank, final Information Quality Guidelines on January 31, 2003. Acting Director, Minerals Management ADDRESSES: Submit nominations to Gary its Web site. Service. Fields, Minerals Revenue Management, ADDRESSES: You may access MMS’s [FR Doc. 02–25690 Filed 10–8–02; 8:45 am] Information Quality Guidelines on its MMS, P.O. Box 25165, MS 300B3, BILLING CODE 4310–MR–P Denver, CO 80225–0165, telephone Web site at: http://www.mms.gov/ number (303) 231–3102, fax number qualityinfo. Our mailing address is: (303) 231–3780, e-mail: Department of the Interior, Minerals DEPARTMENT OF THE INTERIOR [email protected]. Management Service, (Attn: AD/PMI), Mail Stop 4230, 1849 C Street, NW., Bureau of Reclamation FOR FURTHER INFORMATION CONTACT: Gary Washington, DC 20240. Fields, Minerals Revenue Management, FOR FURTHER INFORMATION: Jo Ann Central Valley Project Improvement MMS, P.O. Box 25165, MS 300B3, Act, Water Management Plans Denver, CO 80225–0165, telephone Lauterbach, Office of Policy and number (303) 231–3102, fax number Management Improvement; telephone AGENCY: Bureau of Reclamation, (303) 231–3780. (202) 208–7744; Fax (202) 208–4891; e- Interior. mail: [email protected]. SUPPLEMENTARY INFORMATION: The ACTION: Notice of availability. SUPPLEMENTARY INFORMATION: location and dates of future Committee Section 515 of the Treasury and General SUMMARY: The following Water meetings will be published in the Management Plans are available for Federal Register and posted on the Government Appropriations Act for Fiscal Year 2001 (Public Law 106–554) review: Internet at http://www.rmp.mms.gov/ • _ _ directed OMB to issue government-wide Colusa County Water District Laws R D/RoyPC.htm. Meetings are • Westlands Water District open to the public without advanced guidelines that ‘‘provide policy and procedural guidance to Federal agencies To meet the requirements of the registration on a space available basis. Central Valley Project Improvement Act The public may make statements during for ensuring and maximizing the quality, objectivity, utility, and integrity of 1992 (CVPIA) and the Reclamation the meetings, to the extent time permits, Reform Act of 1982, the Bureau of and file written statements with the of information (including statistical information) disseminated by Federal Reclamation (Reclamation) developed Committee for its consideration. Copies and published the Criteria for of these written statements should be agencies.’’ OMB complied by issuing guidelines that directed each Federal Evaluating Water Management Plans submitted to Gary Fields. (Criteria). Committee meetings are conducted agency to: (a) Issue its own guidelines; under the authority of the Federal (b) establish administrative mechanisms Note: For the purpose of this allowing affected persons to seek and announcement, Water Management Plans Advisory Committee Act, Pub. L. 92– (Plans) are considered the same as Water 463, 5 U.S.C. appendix 1, and Office of obtain correction of information that does not comply with OMB’s 515 Conservation Plans. The above entities have Management and Budget Circular No. developed a Plan, which Reclamation has A–63, revised. guidelines; and (c) report periodically to evaluated and preliminarily determined to the Director of OMB on the number and meet the requirements of these Criteria. Dated: October 2, 2002. nature of complaints received by the Reclamation is publishing this notice in Lucy Querques Denett, agency regarding the accuracy of order to allow the public to comment on the Associate Director for Minerals Revenue information disseminated by the agency preliminary determinations. Public comment Management. and how such complaints were handled to Reclamation’s preliminary (i.e., draft) [FR Doc. 02–25704 Filed 10–8–02; 8:45 am] by the agency. determination is invited at this time. BILLING CODE 4310–MR–P In compliance with OMB’s directives, DATES: All public comments must be the Department of the Interior (DOI) received by November 8, 2002. issued draft Information Quality ADDRESSES: Please mail comments to DEPARTMENT OF THE INTERIOR Guidelines in the Federal Register on Bryce White, Bureau of Reclamation, May 24, 2002 (65 FR 26642), that 2800 Cottage Way, Sacramento, Minerals Management Service instructed each bureau to prepare its California 95825, or contact at 916–978– own guidelines. In response to DOI’s Information Quality Guidelines 5208 (TDD 978–5608), or e-mail at Federal Register Notice, MMS Pursuant to Section 515 of the [email protected]. developed and issued draft guidelines Treasury and General Government for comment on its Web site on August FOR FURTHER INFORMATION CONTACT: To Appropriations Act for Fiscal Year 1, 2002. We received comments from be placed on a mailing list for any 2001 one private organization. We considered subsequent information, please contact AGENCY: Minerals Management Service their comments, and where applicable Bryce White at the e-mail address or (MMS), Interior. or appropriate, we incorporated them telephone number above. ACTION: Notice of availability of final into our final guidelines. SUPPLEMENTARY INFORMATION: We are Information Quality Guidelines. We have now finalized our guidelines inviting the public to comment on our and posted them on our Web site. These preliminary (i.e., draft) determination of SUMMARY: The Office of Management guidelines are a living document and Plan adequacy. Section 3405(e) of the and Budget (OMB) issued guidelines in may be revised periodically to reflect CVPIA (Title 34 Public Law 102–575) the Federal Register on February 22, changes in DOI’s or MMS’s policy, or as requires the ‘‘Secretary of the Interior to 2002 (67 FR 8452), that directed Federal best practices emerge, about how best to establish and administer an office on agencies to issue and implement address, ensure, and maximize Central Valley Project water guidelines to ensure and maximize the information quality. MMS welcomes conservation best management practices

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that shall * * * develop criteria for INTERNATIONAL TRADE Washington, DC 20503, Attention: Desk evaluating the adequacy of all water COMMISSION Officer for International Trade conservation plans developed by project Commission. All comments should be contractors, including those plans Agency Form Submitted for OMB specific, indicating which part of the required by section 210 of the Review questionnaire is objectionable, Reclamation Reform Act of 1982.’’ Also, describing the concern in detail, and AGENCY: United States International according to section 3405(e)(1), these including specific suggested revisions or Trade Commission. criteria must be developed ‘‘* * * with language changes. Copies of any the purpose of promoting the highest ACTION: Proposed collection; comment comments should be provided to Robert level of water use efficiency reasonably request. Rogowsky, Director, Office of achievable by project contractors using In accordance with the provisions of Operations, U.S. International Trade best available cost-effective technology the Paperwork Reduction Act of 1995 Commission, 500 E Street SW., and best management practices.’’ These (44 U.S.C. chapter 35), the Commission Washington, DC 20436, who is the criteria state that all parties has submitted an emergency request for Commission’s designated Senior Official (Contractors) that contract with approval of questionnaires to the Office under the Paperwork Reduction Act. Reclamation for water supplies of Management and Budget (OMB) for Dates: To be assured of consideration, (municipal and industrial contracts over review. The Commission has requested written comments must be submitted to 2,000 acre-feet and agricultural OMB approval by October 25, 2002. OMB and to the Commission by October contracts over 2,000 irrigable acres) 21, 2002. Hearing impaired individuals EFFECTIVE DATE: October 3, 2002. must prepare Plans that contain the are advised that information on this Purpose of Information Collection: following information: matter can be obtained by contacting The forms are for use by the our TTD terminal (telephone no. 202– 1. Description of the District Commission in connection with 205–1810). General information investigation No. 332–445, Conditions 2. Inventory of Water Resources concerning the Commission may also be of Competition in the U.S. Market for 3. Best Management Practices (BMPs) obtained by accessing its Internet server Wood Structural Building Components, for Agricultural Contractors (http://www.usitc.gov). instituted under the authority of section 4. BMPs for Urban Contractors 332(g) of the Tariff Act of 1930 (19 By order of the Commission. 5. Plan Implementation U.S.C. 1332(g)). This investigation was Issued: October 4, 2002. 6. Exemption Process requested by the Senate Committee on Marilyn R. Abbott, 7. Regional Criteria Finance. The Commission expects to Secretary to the Commission. deliver the results of its investigation to 8. Five-Year Revisions [FR Doc. 02–25708 Filed 10–8–02; 8:45 am] the Committee by April 30, 2003. BILLING CODE 7020–02–P Reclamation will evaluate Plans based on these criteria. Our practice is to make Summary of Proposal comments, including names and home (1) Number of forms submitted: two. addresses of respondents, available for (2) Title of form: Conditions of DEPARTMENT OF LABOR public review. Individual respondents Competition in the U.S. Market for Employment and Training may request that we withhold their Wood Structural Building Administration home address from public disclosure, Components—Questionnaires for U.S. which we will honor to the extent Producers and Purchasers. Investigations Regarding Certifications allowable by law. There also may be (3) Type of request: new. of Eligibility To Apply for Worker circumstances in which we would (4) Frequency of use: Producer and Adjustment Assistance withhold a respondent’s identity from Purchaser questionnaire, single data public disclosure, as allowable by law. gathering, scheduled for November 1– Petitions have been filed with the If you wish us to withhold your name December 6, 2002. Secretary of Labor under Section 221 (a) and/or address, you must state this (5) Description of respondents: U.S. of the Trade Act of 1974 (‘‘the Act’’) and prominently at the beginning of your firms which produce or purchase wood are identified in the Appendix to this comment. We will make all submissions structural building components. notice. Upon receipt of these petitions, from organizations or businesses, and (6) Estimated number of respondents: the Director of the Division of Trade from individuals identifying themselves 339 (Producer questionnaire), 325 Adjustment Assistance, Employment as representatives or officials of (Purchaser questionnaire). and Training Administration, has organizations or businesses, available (7) Estimated total number of hours to instituted investigations pursuant to for public disclosure in their entity. complete the forms: 5,312. Section 221(a) of the Act. A copy of these Plans will be (8) Information obtained from the The purpose of each of the available for review at Reclamation’s form that qualifies as confidential investigations is to determine whether Mid-Pacific Regional Office located in business information will be so treated the workers are eligible to apply for Sacramento, California, and the local by the Commission and not disclosed in adjustment assistance under Title II, Area Office. If you wish to review a a manner that would reveal the Chapter 2, of the Act. The investigations copy of these Plans, please contact Mr. individual operations of a firm. will further relate, as appropriate, to the White at the email address or telephone Additional Information or Comment: determination of the date on which total number above. Copies of the forms and supporting or partial separations began or documents may be obtained from Alfred threatened to begin and the subdivision Dated: September 30, 2002. Forstall (USITC, telephone no. (202) of the firm involved. Donna E. Tegelman, 205–3443). Comments about the The petitioners or any other persons Regional Resources Manager, Mid-Pacific proposals should be directed to the showing a substantial interest in the Region. Office of Management and Budget, subject matter of the investigations may [FR Doc. 02–25652 Filed 10–8–02; 8:45 am] Office of Information and Regulatory request a public hearing, provided such BILLING CODE 4310–MN–P Affairs, Room 10102 (Docket Library), request is filed in writing with the

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Director, Division of Trade Adjustment shown below, not later than October 18, Constitution Avenue, NW., Washington, Assistance, at the address shown below, 2002. DC, 20210. The petitions filed in this case are not later than October 18, 2002. Signed at Washington, DC, this 9th day of Interested persons are invited to available for inspection at the Office of September, 2002. submit written comments regarding the the Director, Division of Trade subject matter of the investigations to Adjustment Assistance, Employment Edward A. Tomchick, the Director, Division of Trade and Training Administration, U.S. Director, Division of Trade Adjustment Adjustment Assistance, at the address Department of Labor, Room C–5311, 200 Assistance.

APPENDIX [Petitions instituted on 9/9/2002]

Date of peti- TA–W Subject firm (petitioners) Location tion Product(s)

42,069 Aerus, LLC (Co.) ...... Piney Flats, TN ...... 09/03/2002 Handheld Vacuum Power Nozzle Wands. 42,070 Athens Products (Co.) ...... Athens, TN ...... 08/09/2002 Hermetic Stators and Rotors. 42,071 Marconi (Co.) ...... Toccoa, GA ...... 08/15/2002 Connection Equipment. 42,072 Federal Mogul Corporation (Co.) ...... Brighton, MA ...... 08/21/2002 Friction Products, Automotive Brakes. 42,073 Wilson Sporting Goods (Co.) ...... Tullahoma, TN ...... 08/15/2002 Golf Clubs. 42,074 Gerson and Gerson (Co.) ...... Middlesex, NC ...... 08/08/2002 Infants’, Toddlers’ and Girls’ Dresses. 42,075 LaCrosse Footwear (Co.) ...... Hillsboro, WI ...... 08/06/2002 Neoprene Waders, Nylon Waders, PAC Boots. 42,076 Weyerhaeuser (Co.) ...... Albany, OR ...... 08/27/2002 Tree Harvesting. 42,077 Bijur Lubricating Corp. (Co.) ...... Bennington, VT ...... 08/20/2002 Centralized Lubricating Systems. 42,078 Americal Corporation (Co.) ...... Goldsboro, NC ...... 08/19/2002 Knitted Sheer Hosiery. 42,079 Nabors Alaska Drilling (Co.) ...... Anchorage, AK ...... 08/20/2002 Oil Exploration. 42,080 Johnstown Knitting Mill (Co.) ...... Johnstown, NY ...... 08/20/2002 T-Shirts, Sweatshirts, Underwear, etc. 42,081 Nordic Gear (Co.) ...... Millersburg, PA ...... 08/28/2002 Sewn Fleece Accessories. 42,082 Nordic Gear (Co.) ...... Newport, PA ...... 08/28/2002 Sewn Fleece Accessories. 42,083 Bausch and Lomb (Co.) ...... Rochester, NY ...... 09/03/2002 Contact Lenses. 42,084 Laurel Mould Inc. (Wkrs) ...... Greensburg, PA ...... 08/22/2002 Moulds for Glass Industry. 42,085 Sterling Dula Architectur (Wkrs) ...... Erie, PA ...... 03/11/2002 Metal Railings. 42,086 Potlatch (Wkrs) ...... Warren, AR ...... 08/01/2002 Lumber. 42,087 Milwaukee Electric Tool (Wkrs) ...... Brookfield, WI ...... 06/19/2002 Tools. 42,088 Lucent (Wkrs) ...... Mount Olive, NJ ...... 08/22/2002 Wireless Base Stations for Cell Phones. 42,089 U.S. Manufacturing Corp. (Wkrs) ...... Bad Axe, MI ...... 08/06/2002 Automotive Parts. 42,090 Ames True Temper (USWA) ...... Parkersburg, WV ...... 08/26/2002 Shovels, Rakes, Hoes, Pitchforks. 42,091 George Fisher Foundry (Wkrs) ...... Holly, MI ...... 08/16/2002 Mold Lines, Core Machines, Grinders. 42,092 JTM Group (Wkrs) ...... Jamestown, NY ...... 08/11/2002 Plastic Injection Molds. 42,093 Ames True Temper (Wkrs) ...... Kane, PA ...... 06/03/2002 Wooden Handles. 42,094 Spectrum Control Inc. (Wkrs) ...... Erie, PA ...... 08/15/2002 AC Power Distribution Unit. 42,095 K.T. Mold and Mfg. (Co.) ...... Woodstock, IL ...... 08/18/2002 Plastic Injection Molds. 42,096 Ralph Lauren Womenswear (Co.) ...... Carlstadt, NJ ...... 08/26/2002 Women’s Sportswear. 42,097 Jones Apparel Group USA (Wkrs) ...... El Paso, TX ...... 08/21/2002 Ladies Suits, Pants, and Jackets. 42,098 Pliant Solutions (PACE) ...... Fort Edward, NY ...... 08/28/2002 Printed Pattern Vinyl. 42,099 Agilent Technologies (Wkrs) ...... Everett, WA ...... 08/17/2002 Digital Analyzers. 42,100 Savane International (Wkrs) ...... El Paso, TX ...... 08/02/2002 Fabric Cutting. 42,101 Carmet Co. (Wkrs) ...... Duncan, SC ...... 08/21/2002 Spray Nozzles, Drill Bits, Saw Blades. 42,102 Northern Engraving (Wkrs) ...... Lansing, IA ...... 08/15/2002 Decorative Metals and Plastics. 42,103 Kodak Polychrome Graphics (Wkrs) ... Holyoke, MA ...... 08/09/2002 Lithographic Printing Plates. 42,104 Motor Products (Wkrs) ...... Barberton, OH ...... 08/14/2002 Magnet DC Motors. 42,105 Hershey Food (Wkrs) ...... Pennsburg, PA ...... 08/21/2002 Chocolate. 42,106 Pyramid Industries (Wkrs) ...... Erie, PA ...... 06/21/2002 Plastic Conduit, Plastic Waterpipes. 42,107 Bath Unlimited, Inc (Wkrs) ...... Passaic, NJ ...... 08/28/2002 Shower Heads, Flappers, Ballcocks. 42,108 Harvard Industries (UAW) ...... Jackson, MI ...... 10/23/2001 Automotive Cooling Fans.

[FR Doc. 02–25666 Filed 10–8–02; 8:45 am] DEPARTMENT OF LABOR notice. Upon receipt of these petitions, BILLING CODE 4510–30–M the Director of the Division of Trade Employment and Training Adjustment Assistance, Employment Administration and Training Administration, has instituted investigations pursuant to Investigations Regarding Certifications Section 221(a) of the Act. of Eligibility To Apply for Worker Adjustment Assistance The purpose of each of the investigations is to determine whether Petitions have been filed with the the workers are eligible to apply for Secretary of Labor under Section 221(a) adjustment assistance under Title II, of the Trade Act of 1974 (‘‘the Act’’) and Chapter 2, of the Act. The investigations are identified in the Appendix to this will further relate, as appropriate, to the

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determination of the date on which total Assistance, at the address shown below, the Director, Division of Trade or partial separations began or not later than October 18, 2002. Adjustment Assistance, Employment threatened to begin and the subdivision Interested persons are invited to and Training Administration, U.S. of the firm involved. submit written comments regarding the Department of Labor, Room C–5311, 200 The petitioners or any other persons subject matter of the investigations to Constitution Avenue, NW., Washington, DC 20210. showing a substantial interest in the the Director, Division of Trade subject matter of the investigations may Adjustment Assistance, at the address Signed at Washington, DC this 3rd day of request a public hearing, provided such shown below, not later than October 18, September, 2002. 2002. request is filed in writing with the Edward A. Tomchick, Director, Division of Trade Adjustment The petitions filed in this case are Director, Division of Trade Adjustment available for inspection at the Office of Assistance.

APPENDIX [Petitions Instituted On 09/03/2002]

Date of peti- TA–W Subject firm (petitioners) Location tion Product(s)

42,036 EDS Corp (Wrks) ...... Fairborn, OH ...... 08/19/2002 Information technology. 42,037 Black Diamond Equipment (Comp) ..... Salt Lake City, UT ...... 08/15/2002 Rock climbing equipment. 42,038 Corning, Inc. (Comp) ...... Concord, NC ...... 08/12/2002 Single mode optical fiber, canes, blanks. 42,039 Wisconsin Pattern Co (Wrks) ...... Racine, WI ...... 08/12/2002 Core boxes. 42,040 Lockheed Martin (Wrks) ...... Tulsa, OK ...... 08/19/2002 Letter sorting—mail sorter. 42,041 Mo-Tech Corp (Wrks) ...... Oakdale, MN ...... 08/20/2002 Injection molds. 42,042 Plastic Products Co., Inc (Wrks) ...... Moline, IL ...... 08/20/2002 Microwave ovens. 42,043 Eureka Co. (The) (Wrks) ...... El Paso, TX ...... 08/02/2002 Upright and canister vacuum cleaners. 42,044 Siemens VDO Automotive (UAW) ...... Lima, OH ...... 08/21/2002 Manifolds and induction modules. 42,045 Regal Manufacturing, Inc. (UNITE) ..... New York, NY ...... 08/21/2002 Women’s apparel. 42,046 B–W Specialty Mfg. (Wrks) ...... Seattle, WA ...... 08/12/2002 Wood cores. 42,047 Holloway Sportswear (Comp) ...... Olla, LA ...... 08/15/2002 Cutting athletic wear patterns. 42,048 Fashion Tanning Co, Inc (UNITE) ...... Glovesville, NY ...... 08/12/2002 Embossed and colored leather. 42,049 Boeing Co (The) (Wrks) ...... Tulsa, OK ...... 07/17/2002 Commercial plane components. 42,050 CommScope, Inc. (Comp) ...... Catawba, NC ...... 08/19/2002 Coaxial and fiber optic cable products. 42,051 Citation Corp (Wrks) ...... Milwaukee, WI ...... 08/15/2002 Steel forged parts. 42,052 Forem USA (Wrks) ...... Sparks, NV ...... 08/15/2002 Filters, duplexes, amplifiers, etc. 42,053 Arnold Tool and Die (Comp) ...... Council Bluffs, IA ...... 08/16/2002 Cast iron plates and shafts. 42,054 Treesource (Wrks) ...... Tacoma, WA ...... 08/21/2002 Lumber. 42,055 Plymouth, Inc. (Wrks) ...... Radford, VA ...... 07/18/2002 School and paper products. 42,056 Kadant Black Clawson (Wrks) ...... Mason, OH ...... 07/30/2002 Paper recycling machinery, paper screens. 42,057 International Ceramic (Comp) ...... Demotte, IN ...... 08/02/2002 Brick refractory. 42,058 MDN, Inc T/A Crosswire (Comp) ...... Bellmawr, NJ ...... 08/23/2002 Wire cloth fabricated parts. 42,059 Isaac Hazan and Co. (Wrks) ...... Secaucus, NJ ...... 08/22/2002 Jackets, pants, skirts, blouses. 42,060 United Sweater Mills Corp (Comp) ..... Jersey City, NJ ...... 08/20/2002 Ladies sweaters. 42,061 Metropolitan Steel Ind. (Wrks) ...... Sinking Springs, PA ...... 08/20/2002 Beams, columns, girders and trusses. 42,062 Sam Fashion Inc (Wrks) ...... North Bergen, NJ ...... 08/15/2002 Ladies coats. 42,063 Acco Chain and Lifting (USWA) ...... York, PA ...... 08/15/2002 Chains. 42,064 SMTC Manufacturing Corp (Comp) .... Austin, TX ...... 08/16/2002 Computer printed circuit boards. 42,065 Cray, Inc. (Wrks) ...... Chippewa Falls, WI ...... 08/06/2002 Sell computer products. 42,066 Leatherworks, LLC (UAW) ...... Detroit, MI ...... 08/19/2002 Leather seat covers. 42,067 Huntsman Petrochemicals (Wrks) ...... Odessa, TX ...... 02/13/2002 Polymer plastics and ethylene liquid. 42,068 Motorola, SPS (Wrks) ...... Chandler, AZ ...... 08/16/2002 Semiconductors, IC’s micro- processors.

[FR Doc. 02–25665 Filed 10–8–02; 8:45 am] conducts a preclearance consultation properly assessed. Currently, the BILLING CODE 4510–30–M program to provide the general public Employment Standards Administration and Federal agencies with an is soliciting comments concerning the opportunity to comment on proposed proposed collection: ‘‘Provider DEPARTMENT OF LABOR and/or continuing collections of Enrollment Form’’ (OWCP–1168). A information in accordance with the copy of the proposed information Employment Standards Administration Paperwork Reduction Act of 1995 collection request can be obtained by contacting the office listed below in the Proposed Collection; Comment (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This addressee section of this Notice. Request program helps to ensure that requested data can be provided in the desired DATES: Written comments must be ACTION: Notice. format, reporting burden (time and submitted to the office listed in the financial resources) is minimized, ADDRESSES section below on or before SUMMARY: The Department of Labor, as collection instruments are clearly December 9, 2002. part of its continuing effort to reduce understood, and the impact of collection ADDRESSES: Ms. Patricia A. Forkel, U.S. paperwork and respondent burden, requirements on respondents can be Department of Labor, 200 Constitution

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Ave., NW., Room S–3201, Washington, of medical bills in each of OWCP’s four The revisions are being adopted in order DC 20210, telephone (202) 693–0339, programs. This centralization will result to reestablish lines of authority within fax (202) 693–1451, Email in an increase in efficiency of the administrative structure of the [email protected]. Please use processing medical bills, reduction of Agency. only one method of transmission for administrative costs, and improvement EFFECTIVE DATE: October 1, 2002. comments (mail, fax, or Email). of the efficiency of benefits and service ADDRESSES: National Labor Relations SUPPLEMENTARY INFORMATION: provision. This collection request seeks Board, 1099 14th Street, NW., Room approval of revisions to the current form 11600, Washington, DC 20570. I. Background to accommodate its use by The Division FOR FURTHER INFORMATION CONTACT: The Office of Workers’ Compensation of Federal Employees’ Compensation John Programs (OWCP) administers the and the Division of Longshore and J. Toner, Executive Secretary, National Federal Employees’ Compensation Act; Harbor Worker’s Compensation. In Labor Relations Board, 1099 14th Street, the Black Lung Benefits Act, the Energy addition, this revision will facilitate the NW., Room 11600, Washington, DC Employees Occupational Illness centralization of bill processing for all 20570. Telephone: (202) 273–1936. Compensation Act, and the Longshore four programs under a Federal SUPPLEMENTARY INFORMATION: The Board and Harbor Workers Compensation Act. contractor. Providers must be enrolled amended memorandum describing the These programs pay for medical services in the new system prior to authority and assigned responsibilities rendered for the diagnosis and treatment implementation to ensure the continuity of the General Counsel of the National of injured workers for conditions of services to both the claimant and Labor Relations Board with respect to compensable under the Acts. The provider communities. administrative functions is effective Provider Enrollment Form (OWCP– Type of Review: Revision. April 1, 1955, as amended September 8, 1168) is currently used in the Black Agency: Employment Standards 1958 (effective August 25, 1958), August Lung and Energy programs to obtain Administration. 12, 1959 (effective August 3, 1959), and profile information on medical Title: Provider Enrollment Form. April 28, 1961 (effective May 15, 1961) providers which is necessary to process OMB Number: 1215–0137. (appearing at 20 FR 2175, 23 FR 6966, payments, apply fee schedules, and Affected Public: Business or other for- 24 FR 6666 and 26 FR 3911, conduct checks to identify duplicate profit. respectively). and other erroneous billing. This Total Respondents/Responses: 20,100. Dated: October 4, 2002. Frequency: On occasion. information collection is currently John J. Toner, Estimated Total Burden Hours: 2,497. approved for use through February Executive Secretary. 2005. Total Burden Cost (capital/startup): $0. National Labor Relations Board II. Review Focus Total Burden Cost (operating/ General Counsel The Department of Labor is maintenance): $8,040. particularly interested in comments Comments submitted in response to Further Amendment to Memorandum which: this notice will be summarized and/or Describing Authority and Assigned • Evaluate whether the proposed included in the request for Office of Responsibilities collection of information is necessary Management and Budget approval of the Pursuant to the provisions of section 3(a) for the proper performance of the information collection request; they will of the Administrative Procedure Act (Pub. functions of the agency, including also become a matter of public record. Law 404, 79th Cong., 2d Sess.), the National whether the information will have Labor Relations Board hereby separately Dated: October 3, 2002. states and currently publishes in the Federal practical utility; Margaret J. Sherrill, Register the following further amendment to • Evaluate the accuracy of the Chief, Branch of Management Review and Board memorandum describing the authority agency’s estimate of the burden of the Internal Control, Division of Financial and assigned responsibilities of the General proposed collection of information, Management, Office of Management, Counsel of the National Labor Relations including the validity of the Administration and Planning, Employment Board (effective October 1, 2002). methodology and assumptions used; Standards Administration. Dated, Washington, DC, October 4, 2002. • Enhance the quality, utility and [FR Doc. 02–25664 Filed 10–8–02; 8:45 am] By direction of the Board. clarity of the information to be BILLING CODE 4510–CK–P Executive Secretary. collected; and • Minimize the burden of the The Board memorandum describing collection of information on those who the authority and assigned NATIONAL LABOR RELATIONS are to respond, including through the responsibilities of the General Counsel BOARD use of appropriate automated, of the National Labor Relations Board effective April 1, 1955, as amended electronic, mechanical, or other NLRB Organization and Functions technological collection techniques or September 8, 1958 (effective August 25, other forms of information technology, AGENCY: National Labor Relations 1958), August 12, 1959 (effective August e.g., permitting electronic submissions Board. 3, 1959), and April 28, 1961 (effective of responses. ACTION: Amendment of delegation of May 15, 1961) (appearing at 20 FR 2175, 23 FR 6966, 24 FR 6666 and 26 FR 3911, III. Current Actions administrative authority to General Counsel under section 3(d) of National respectively), is hereby further amended The Department of Labor seeks to Labor Relations Act. as follows: expand the use of the OWCP 1168 to 1. Strike the text of paragraphs 1 and two additional programs, the Division of SUMMARY: The National Labor Relations 4 of section VII of the amendment dated Longshore and Harbor Workers Board is amending the memorandum August 12, 1959 (effective August 3, Compensation and the Division of describing the authority and assigned 1959), strike the text of paragraph 2 of Federal Employees’ Compensation, as responsibilities of the General Counsel section VII of the amendment dated part of the development of a Centralized of the National Labor Relations Board April 28, 1961 (effective May 15, 1961), Medical Bill System for the processing with respect to administrative functions. and substitute the following:

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1. In order more fully to release the to the General Counsel and the H Street NW., Suite 300, Washington, Board to the expeditious performance of Chairman of the Board with respect to DC 20268–001. its primary function and responsibility those matters covered by the FOR FURTHER INFORMATION CONTACT: of deciding cases, the authority and responsibilities of the CIO), and placed Stephen L. Sharfman, General Counsel, responsibility for all administrative with the Office of Inspector General, 202–789–6815. functions of the Agency shall be vested Office of Equal Employment SUPPLEMENTARY INFORMATION: On in the General Counsel, except as Opportunity and the Office of Employee September 26, 2002, the United States provided below. This authority shall be Development outside the Division of Postal Service filed a request seeking a exercised subject to the limitations Administration. The Editorial and recommended decision from the Postal contained in paragraphs 2, 5 and 6, and Publications Services Section of the Rate Commission approving an shall be exercised in conformity with Library and Administrative Services experimental mail classification, along the requirements for joint determination Branch, Division of Administration, with two related discounts, for certain as described in paragraph 4. shall be transferred to the Office of the Outside County Periodicals mail that is 2. Subject to the limitations contained Executive Secretary. co-palletized and dropshipped to in paragraphs 5 and 6, the General 6. The Chairman of the Board shall specified destination facilities.1 Request Counsel shall exercise full and final have full and final authority over the of the United States Postal Service for a authority on behalf of the Agency over selection, retention, transfer, promotion, Recommended Decision on the selection, retention, transfer, demotion, discipline, discharge and Experimental Periodicals Co- promotion, demotion, discipline, evaluation of those persons holding Palletization Dropship Discounts discharge, and in all other respects, of Senior Executive Service positions in (request). The request, which includes all personnel engaged in the field, the Division of Administration, the six attachments, was filed pursuant to except that personnel action with senior management official in the Office chapter 36 of the Postal Reorganization respect to Regional Directors and of Employee Development, the Chief Act, 39 U.S.C. 3601 et seq.2 Officers-in Charge of Subregional offices Information Officer and the Inspector In contemporaneous filings, the will be conducted as hereinafter General. Service asks for waiver of certain provided, and in the Washington Office standard filing requirements (if the [FR Doc. 02–25698 Filed 10–8–02; 8:45 am] (other than personnel in the Board Commission deems such waiver is Members’ Offices, the Division of BILLING CODE 7545–01–P required), and seeks expedited Judges, the Division of Information, the consideration of its proposal, including Security Office, the Office of the establishment of procedures for Solicitor, the Office of the Executive POSTAL RATE COMMISSION settlement. The Service’s request for Secretary and the Office of Inspector expedition is in addition to that General): provided, however, that the [Docket No. MC2002–3; Order No. 1347] generally available under the establishment, transfer or elimination of Experimental Mail Classification Case Commission’s experimental rules [39 any Regional or Subregional Office shall CFR 3001.67–3001.67d]. United States require the approval of the Board. AGENCY: Postal Rate Commission. Postal Service Request for Expedition The appointment, transfer, demotion, ACTION: and Establishment of Settlement or discharge of any Regional Director or Notice and order on new experimental docket. Procedures (request for expedition), of any Officer-in-Charge of a September 26, 2002; Motion of United Subregional office shall be made by the SUMMARY: This document establishes a States Postal Service for Waiver (motion General Counsel only upon the approval docket for consideration of a proposed for waiver), September 26, 2002. The of the Board. two-year experiment. The experiment Service’s request, the accompanying 4. In connection with and in order to entails two new discounts for certain co- testimony of witness Taufique (USPS– effectuate the foregoing, the General palletized Periodicals mail that is T–1), and other related material are Counsel is authorized to formulate and dropshipped to designated destination available for inspection in the execute such necessary requests, entry facilities. This document briefly Commission’s docket section during certifications, and other related reviews the proposal, sets initial regular business hours. They also can be documents on behalf of the Agency, as procedural dates, authorizes settlement accessed electronically, via the Internet, may be needed from time to time to discussions, and identifies other on the Commission’s Web site (http:// meet the requirements of the Office of pertinent Commission actions. www.prc.gov). Personnel Management, the Office of Management and Budget or any other DATES: 1. September 26, 2002: Postal I. The Service Characterizes Its Governmental Agency; provided, Service’s request filed with the Proposal as a Limited Initiative With however, that the total amount of any Commission. the Potential To Improve Operational annual budget requests submitted by the 2. October 2, 2002: issuance of Efficiency and Control Costs Commission notice and order (no. Agency, the apportionment and The Postal Service proposes 1347). allocation of funds and/or the conducting a two-year experiment establishment of personnel ceilings 3. October 18, 2002: deadline for notices of intervention, response to within the Agency shall be determined 1 The request also includes a proposal to delete jointly by the Board and the General motion for waiver, comments on a reference to an outdated ‘‘ride-along’’ rate in Counsel. appropriateness of experimental status DMCS section 443.1a. USPS–T–1 at 1–2. 2. Add the following paragraphs 5 and and use of expedited procedures. 2 Attachments A and B to the request contain 4. October 22, 2002: settlement proposed classification schedule provisions (or 6 to the text of section VII of the revisions to existing provisions); attachment C amendment dated April 28, 1961 conference (10 a.m.). incorporates by reference the certified financial (effective May 15, 1961): 5. October 23, 2002: prehearing statement provided in docket no. MC2002–2; 5. The Information Technology conference (2 p.m.). attachment D is the certification required by ADDRESSES: Commission rule 54(p); attachment E is an index of Branch shall be realigned under the Send correspondence to the testimony and exhibits; and attachment F is a authority of the Chief Information attention of Steven W. Williams, compliance statement addressing satisfaction of Officer (‘‘CIO’’) (who will jointly report Secretary, Postal Rate Commission, 1333 various filing requirements.

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testing two discounts for qualifying Experimental designation. The However, if the Commission Outside County Periodicals mail that is Service seeks consideration of its concludes that the materials from the co-palletized and dropshipped to either proposal under the Commission’s omnibus case are not sufficient to satisfy an area distribution center (ADC) or a experimental rules (rules 67–67d). In the requirements, the Service contends sectional center facility (SCF).3 The support of this approach, it notes that it strict compliance is not warranted, and proposed ADC discount is 0.7 cent per currently lacks data about how much seeks waiver. It cites the reasons piece; the proposed SCF discount is 1.0 response there will be to a rate incentive expressed in support of its general cent per piece. USPS–T–1 at 10. Both for co-palletization, but intends to position on the adequacy of its filing; discounts were developed using the cost gather more complete data during the the nature of the proposed experiment; base, advertising pound rates, and test proposed term of the experiment. It says and the small impact on total costs and year that underlie the Commission’s this effort may support a request for a revenues and on the costs, volumes and Periodicals rate recommendations in permanent classification. Id. at 3–4. The revenues of mail categories. Id. at 5. docket no. R2001–1. Request at 2; Service proposes that the experimental Responses to the Service’s motion for USPS–T–1 at 10. The ADC discount classification be in effect for two years, waiver are due by October 18, 2002. reflects passthrough of 95 percent of the but also seeks approval of a provision III. The Service Seeks Expedition and underlying cost avoidance estimates; the that would allow for a brief extension if Suggests Several Specific Procedures, SCF discount reflects 80 percent permanent classification authority is Including Prompt Establishment of passthrough. USPS–T–1 at 13. The sought while the experiment is pending. Settlement Procedures proposed discounts leave existing The Service says the expedition Periodicals classifications and rates allowed under the experimental rules is In support of expedition, the Service otherwise unchanged. Request at 2. appropriate in light of the interest in asserts that the proposed change is In support of the experiment, the controlling Periodicals costs as soon as straightforward; limited in scope and Service states that 70 percent of possible. It also says flexibility is duration; and insignificant in terms of required because the detailed, Periodicals mail is already prepared on its effect on overall volumes, revenues conventional data necessary to support pallets, but the remainder is not because and costs. It also states that the proposal a request for a permanent classification it lacks the volume and/or density, as is a candidate for settlement, given are currently unavailable. Id. at 5. The individual publications, to reach the widespread support for it within the Service says it believes that this requisite pallet minimum of 250 Periodicals industry, and the lack of proposal will be attractive to mailers, pounds. Since preparing co-pallets is adverse effect on competitors or other contribute to the long-term viability of typically more onerous than preparing mailers. Request for expedition at 1–2. the postal system, and further the single-publication pallets, the Service The Service does not propose a general policies of efficient postal believes these discounts may encourage operations and reasonable rates and fees specific schedule, but identifies four mailer participation in worksharing enunciated in the Postal Reorganization procedures the Commission could behavior that benefits both customers Act, including 39 U.S.C. 3622(b) and employ to facilitate a quick resolution of and the Postal Service. Id. at 1–2. In 3623(c). Id. at 4–5. this case. These include setting a particular, it says the discounts are relatively short intervention period and designed to provide an additional II. The Service Seeks Waiver of Certain requiring participants to identify, in incentive for publishers, printers and Filing Requirements, if Deemed their notices of intervention, whether consolidators to combine different Necessary they intend to seek a hearing and to publications or print runs on pallets, so The Service maintains that its filing identify any genuine issues of material that Periodicals mail can be prepared on satisfies applicable Commission filing fact that would warrant such a hearing. pallets, rather than in sacks, and requirements, but seeks waiver of They also include scheduling a dropshipped to destination facilities. Id. pertinent provisions of rules 54, 64 and settlement conference as quickly as at 1. 67 to the extent the Commission possible following the deadline for The Service proposes extending the concludes otherwise. In support of its intervention; dispensing with discovery new discounts only to Periodicals mail primary position, the Service says its if there is no hearing or no genuine that lacks the density to prepare single- compliance statement (attachment F to issues of material fact; or, should publication pallets; however, both the request) addresses each filing discovery be necessary, shortening smaller circulation publications and requirement and indicates which parts various time limits. Id. at 2–3. smaller portions of larger circulation of the filing satisfy each rule. It also IV. Commission Response publications will be able to participate notes that it has incorporated by and receive the proposed discounts reference pertinent documentation from Appropriateness of proceeding under under applicable rules. Request at 2 and the recent omnibus rate case (docket no. the experimental rules. For 6. Qualifying co-palletized mail must be R2001–1). Motion for waiver at 1. The administrative purposes, the prepared either on ADC or SCF pallets Service contends, among other things, Commission has docketed the instant of 250 or more pounds. To limit the that the rate case documentation filing as an experimental case. Formal scope of the experiment and simplify satisfies most filing requirements status as an experiment under administration, mail that is co- because the proposed discounts will not Commission rules 67–67d is based on palletized on 5-digit or 3-digit pallets materially alter the rates, fees and an evaluation of factors such as the will not be eligible for the new classifications established in that proposal’s novelty, magnitude, ease or discounts. USPS–T–1 at 8. docket, and therefore will have only a difficulty of data collection, and limited impact on overall postal costs, duration. A final determination 3 The Service defines co-palletization as the volumes and revenues. Id. at 1. It also regarding the appropriateness of the practice of combining bundles of different asserts that there is substantial overlap experimental designation and publications going to the same destination ADC or between information sought in the application of Commission rules 67–67d SCF, on the same pallet. It defines co-mailing as the combination of different publications in the same general filing requirements and the will not be made until participants have bundles, with the bundles then combined on materials provided in docket no. R2001– had an adequate opportunity to pallets. Request at 3. 1. Id. at 2. comment. Participants are invited to file

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comments on this matter by October 18, intervention, whether they seek a By the Commission. 2002. hearing and, if so, to identify with Garry J. Sikora, Appropriateness of establishing other particularity any genuine issues of Acting Secretary. expedited procedures. The Commission material facts believed to warrant such [FR Doc. 02–25668 Filed 10–8–02; 8:45 am] grants the Service’s request for a hearing. BILLING CODE 7710–FW–P expedition to the extent of authorizing Experimental status. Participants may settlement procedures; allowing a comment on whether the Service’s shorter-than-usual period for request should be evaluated under SECURITIES AND EXCHANGE intervention; and requiring participants, Commission rules 67–67d. Comments COMMISSION in their notices of intervention, to state are due by October 18, 2002. whether they intend to seek a hearing Participants should be prepared to [Investment Company Act Release No. and to identify with particularity any discuss relevant issues at the prehearing 25762; 812–12682] genuine issues of material fact that conference. would warrant a hearing. Decisions on Prehearing conference. A prehearing The Charles Schwab Family of Funds, other expedited procedures, such as conference will be held October 23, et al.; Notice of Application limiting discovery time limits, will be 2002, at 2 p.m. in the Commission’s October 3, 2002. made at a later time. hearing room. Participants shall be AGENCY: Securities and Exchange Settlement. The Commission prepared to address matters referred to Commission (‘‘Commission’’). authorizes settlement negotiations in in this ruling. this proceeding. It appoints Postal ACTION: Notice of an application under Ordering Paragraphs Service counsel as settlement section 6(c) of the Investment Company coordinator. In this capacity, counsel for It is ordered: Act of 1940 (the ‘‘Act’’) for an the Service shall file periodic reports on 1. The Commission establishes docket exemption from section 15(a) of the Act the status of settlement discussions. The no. MC2002–3, experimental periodicals and rule 18f–2 under the Act, as well as Commission authorizes the settlement co-palletization dropship discounts, to from certain disclosure requirements. coordinator to hold a settlement consider the Postal Service request conference on October 22, 2002, at 10 referred to in the body of this order. APPLICANTS: The Charles Schwab Family a.m. in the Commission’s hearing room. 2. The Commission will sit en banc in of Funds, Schwab Investments, Schwab Authorization of settlement discussion this proceeding. Capital Trust, and Schwab Annuity does not constitute a finding on the 3. The deadline for filing notices of Portfolios (collectively, the ‘‘Trusts’’) proposal’s experimental status or on the intervention is October 18, 2002. and Charles Schwab Investment 4. Notices of intervention shall need for a hearing. Management, Inc. (‘‘CSIM’’). Representation of the general public. indicate whether the participant seeks a SUMMARY OF THE APPLICATION: In conformance with section 3624(a) of hearing and identify with particularity Applicants request an order to permit title 39, the Commission designates any genuine issues of material fact that them to enter into and materially amend Shelley S. Dreifuss, director of the warrant a hearing. sub-advisory agreements without 5. The deadline for answers to the Commission’s office of the consumer shareholder approval and to grant relief motion of United States Postal Service advocate (OCA), to represent the from certain disclosure requirements. for waiver is October 18, 2002. interests of the general public in this 6. The deadline for comments on FILING DATES: The application was filed proceeding. Pursuant to this United States Postal Service request for on November 14, 2001, and amended on designation, Ms. Dreifuss will direct the expedition and establishment of October 1, 2002. activities of Commission personnel settlement procedures is October 18, HEARING OR NOTIFICATION OF HEARING: An assigned to assist her and, upon request, 2002. order granting the application will be will supply their names for the record. 7. The Commission will make its issued unless the Commission orders a Neither Ms. Dreifuss nor any of the hearing room available for a settlement hearing. Interested persons may request assigned personnel will participate in or conference on Tuesday, October 22, a hearing by writing to the provide advice on any Commission 2002, at 10 a.m., and at such other times Commission’s Secretary and serving decision in this proceeding. The OCA deemed necessary by the settlement applicants with a copy of the request, shall be separately served with three coordinator. personally or by mail. Hearing requests copies of all filings, in addition to and 8. Postal Service counsel is appointed should be received by the Commission at the same time as, service on the to serve as settlement coordinator in this by 5:30 p.m. on October 28, 2002, and Commission of the 24 copies required proceeding. should be accompanied by proof of by Commission rule 10(d) (39 CFR 9. The Postal Service’s request for service on applicants in the form of an 3001.10(d)). expedition is granted to the extent of affidavit or, for lawyers, a certificate of Intervention; need for hearing. Those allowing a shorter-than-usual service. Hearing requests should state wishing to be heard in this matter are intervention period, allowing settlement the nature of the writer’s interest, the directed to file a written notice of discussions, and requiring participants’ reason for the request, and the issues intervention with Steven W. Williams, interest in a hearing to be identified in contested. Persons who wish to be secretary of the Commission, 1333 H the notice of intervention. notified of a hearing may request Street, NW., suite 300, Washington, DC 10. A prehearing conference will be notification by writing to the 20268–0001, on or before October 18, held Wednesday, October 23, 2002 at 2 Commission’s Secretary. 2002. Notices should indicate whether p.m. in the Commission’s hearing room. ADDRESSES: participation will be on a full or limited 11. Shelley S. Dreifuss, director of the Secretary, Commission, 450 basis. See 39 CFR 3001–20 and 3001– Commission’s office of the consumer Fifth Street, NW., Washington, DC 20a. No decision has been made at this advocate, is designated to represent the 20549–0609. Applicants, 101 point on whether a hearing will be held interests of the general public. Montgomery Street, San Francisco, CA in this case. To assist the Commission 12. The Secretary shall arrange for 94104. in making this decision, participants are publication of this notice and order in FOR FURTHER INFORMATION CONTACT: directed to indicate, in their notices of the Federal Register. Christine Y. Greenlees, Senior Counsel,

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at (202) 942–0581, or Mary Kay Frech, registered or exempt from registration adviser,’’ the ‘‘aggregate amount of the Branch Chief, at (202) 942–0564 under the Advisers Act. Sub-Advisers investment adviser’s fees,’’ a description (Division of Investment Management, are recommended to the Board by CSIM of ‘‘the terms of the contract to be acted Office of Investment Company and selected and approved by the upon,’’ and, if a change in the advisory Regulation). Board, including a majority of the fee is proposed, the existing and SUPPLEMENTARY INFORMATION: The Independent Trustees. Each Sub- proposed fees and the difference following is a summary of the Adviser’s fee is paid by CSIM out of the between the two fees. application. The complete application management fee received by CSIM from 4. Form N–SAR is the semi-annual may be obtained for a fee from the the respective Fund. report filed with the Commission by Commission’s Public Reference Branch, 3. Applicants request relief to permit registered investment companies. Item 450 Fifth Street, NW., Washington, DC CSIM, subject to the Board’s approval, 48 of Form N–SAR requires investment 20549–0102 (telephone (202) 942–8090). to enter into and materially amend sub- companies to disclose the rate schedule advisory agreements without for fees paid to their investment Applicants’ Representations shareholder approval. The requested advisers, including the Sub-Advisers. 1. Each Trust is organized as a relief will not extend to a Sub-Adviser 5. Regulation S–X sets forth the Massachusetts business trust and is that is an affiliated person, as defined in requirements for financial statements registered under the Act as an open-end section 2(a)(3) of the Act, of a Fund or required to be included as part of management investment company. Each CSIM, other than by reason of serving as investment company registration Trust currently offers multiple series, a Sub-Adviser to one or more of the statements and shareholder reports filed each with its own investment objectives, Funds (an ‘‘Affiliated Sub-Adviser’’). with the Commission. Sections 6– policies and restrictions. CSIM, 4. Applicants also request an 07(2)(a), (b), and (c) of Regulation S–X registered under the Investment exemption from the various disclosure require that investment companies Advisers Act of 1940 (‘‘Advisers Act’’), provisions described below that may include in their financial statements serves as the investment adviser to require the Funds to disclose the fees information about investment advisory certain series of the Trusts that use or paid by CSIM to the Sub-Advisers. An fees. may use the multi-manager structure exemption is requested to permit a Fund 6. Section 6(c) of the Act provides that described in the application (together, to disclose (as both a dollar amount and the Commission may exempt any the ‘‘Funds,’’ and each a ‘‘Fund’’). CSIM as a percentage of a Fund’s net assets): person, security, or transaction or any has entered into an investment advisory (a) Aggregate fees paid to CSIM and any class or classes of persons, securities, or agreement with each Trust (each an Affiliated Sub-Adviser; and (b) aggregate transactions from any provision of the ‘‘Advisory Agreement’’ and collectively, fees paid to Sub-Advisers other than Act, or from any rule thereunder, if such exemption is necessary or appropriate the ‘‘Advisory Agreements’’) that was Affiliated Sub-Advisers (‘‘Aggregate in the public interest and consistent approved by the board of trustees of Fees’’). If a Fund employs an Affiliated with the protection of investors and the each Trust (the ‘‘Board’’), including a Sub-Adviser, the Fund will provide purposes fairly intended by the policy majority of the trustees who are not separate disclosure of any fees paid to and provisions of the Act. Applicants ‘‘interested persons,’’ as defined in the Affiliated Sub-Adviser. believe that the requested relief meets section 2(a)(19) of the Act Applicants’ Legal Analysis this standard for the reasons discussed (‘‘Independent Trustees’’), and the sole 1. Section 15(a) of the Act provides, below. shareholder or shareholders of each 1 in relevant part, that it is unlawful for 7. Applicants assert that by investing Fund. any person to act as an investment in a Fund, shareholders, in effect, will 2. Under the terms of the Advisory adviser to a registered investment hire CSIM to manage the Fund’s assets Agreement, CSIM serves as investment company except pursuant to a written by selecting and monitoring Sub- adviser to each Fund and provides contract that has been approved by the Advisers rather than by hiring its own investment sub-adviser selection, vote of the majority of the company’s employees to manage assets directly. monitoring and asset allocation services outstanding voting securities. Rule 18f– Applicants state that investors will to the Funds and may hire one or more 2 under the Act provides that each purchase Fund shares to gain access to sub-advisers (‘‘Sub-Advisers’’) to series or class of stock in a series CSIM’s expertise in overseeing Sub- exercise day-to-day investment company affected by a matter must Advisers. Applicants further assert that discretion over all or a portion of the approve such matter if the Act requires the requested relief will reduce Fund assets of a Fund pursuant to separate shareholder approval. expenses and permit the Funds to investment sub-advisory agreements. 2. Form N–1A is the registration operate more efficiently. Applicants Each Sub-Adviser is or will be either statement used by open-end investment note that the Advisory Agreement will companies. Item 15(a)(3) of Form N–1A remain subject to the shareholder 1 Applicants also request relief with respect to future Funds, and any other registered open-end requires disclosure of the method and approval requirements of section 15(a) management investment companies or series amount of the investment adviser’s of the Act and rule 18f–2 under the Act. thereof (a) that are advised by CSIM or any entity compensation. 8. Applicants assert that many Sub- controlling, controlled by, or under common 3. Rule 20a–1 under the Act requires Advisers charge their customers for control with CSIM, and (b) use the multi-manager structure described in the application (‘‘Future proxies solicited with respect to an advisory services according to a Funds,’’ and together with the Funds, the ‘‘Funds’’). investment company to comply with ‘‘posted’’ rate schedule. Applicants state Any Fund that relies on the requested order will do Schedule 14A under the Securities that while Sub-Advisers are willing to so only in accordance with the terms and Exchange Act of 1934 (the ‘‘Exchange negotiate fees lower than those posted conditions contained in the application. The Trusts are the only existing investment companies that Act’’). Items 22(c)(1)(ii), 22(c)(1)(iii), in the schedule, particularly with large currently intend to rely on the order. If the name 22(c)(8), and 22(c)(9) of Schedule 14A, institutional clients, they are reluctant of any Fund contains the name of a Sub-Adviser (as taken together, require a proxy to do so where the fees are disclosed to defined below), the name Schwab, CSIM, or the statement for a shareholder meeting at other prospective and existing name of the entity controlling, controlled by, or under common control with CSIM that serves as the which the advisory contract will be customers. Applicants submit that the primary adviser to such Fund will precede the voted upon to include the ‘‘rate of relief will encourage Sub-Advisers to name of the Sub-Adviser. compensation of the investment negotiate lower advisory fees with

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CSIM, the benefits of which are likely to majority of the Independent Trustees, SECURITIES AND EXCHANGE be passed on to Fund shareholders. will make a separate finding, reflected COMMISSION in the Board minutes, that the change is Applicants’ Conditions in the best interests of the Fund and its Sunshine Act Meeting Applicants agree that any order shareholders and does not involve a granting the requested relief will be conflict of interest from which CSIM or Notice is hereby given, pursuant to subject to the following conditions: an Affiliated Sub-Adviser derives an the provisions of the Government in the 1. Before a Fund may rely on the inappropriate advantage. Sunshine Act, Pub. L. 94–409, that the requested order, the operation of the 7. CSIM will provide general Securities and Exchange Commission Fund in the manner described in the management services to each Fund, and, will hold the following meetings during application will be approved by a subject to review and approval by the the week of October 7, 2002: a closed majority of the Fund’s outstanding Board, will: (a) Set the Fund’s overall meeting will be held on Thursday, voting securities, as defined in the Act, investment strategies; (b) evaluate, October 10, 2002, at 2:30 p.m. or, in the case of a Fund whose public select and recommend Sub-Advisers to Commissioner Atkins, as duty officer, shareholders purchase shares on the manage all or a part of the Fund’s assets; determined that no earlier notice thereof basis of a prospectus containing the (c) when appropriate, allocate and was possible. disclosure contemplated by condition 2 reallocate the Fund’s assets among Commissioners, Counsel to the below, by the sole shareholder prior to multiple Sub-Advisers; (d) monitor and Commissioners, the Secretary to the offering shares of the Fund to the evaluate the Sub-Advisers’ investment Commission, and recording secretaries public. performance; and (e) implement will attend the Closed Meeting. Certain 2. Each Fund will disclose in its procedures reasonably designed to staff members who have an interest in prospectus the existence, substance and ensure that the Sub-Advisers comply the matters may also be present. effect of any order granted pursuant to with the Fund’s investment objective, The General Counsel of the this application. In addition, each Fund policies, and restrictions. Commission, or his designee, has will hold itself out to the public as 8. No trustee or officer of the Trusts, certified that, in his opinion, one or employing the ‘‘manager of managers’’ or director or officer of CSIM will own more of the exemptions set forth in 5 approach described in this application. directly or indirectly (other than U.S.C. 552b(c)(5), (7), (9)(B) and (10) The prospectus will prominently through a pooled investment vehicle and 17 CFR 200.402(a), (5), (7), (9)(ii) disclose that CSIM has ultimate over which such person does not have and (10), permit consideration of the responsibility (subject to oversight by control) any interest in a Sub-Adviser scheduled matters at the closed meeting. the Board) for the investment except for (a) ownership of interests in The subject matter of the Closed performance of a Fund due to its CSIM or an entity that controls, is responsibility to oversee Sub-Advisers Meeting scheduled for Thursday, controlled by or is under common October 10, 2002 will be: and recommend their hiring, control with CSIM; or (b) ownership of termination, and replacement. less than 1% of the outstanding Institution and settlement of injunctive 3. Within 90 days of the hiring of any securities of any class of equity or debt actions; and new Sub-Adviser, CSIM will furnish of a publicly-traded company that is Institution of administrative shareholders of the affected Fund with either a Sub-Adviser or an entity that proceedings of an enforcement nature. all of the information about the new controls, is controlled by, or is under At times, changes in Commission Sub-Adviser that would be contained in common control with a Sub-Adviser. priorities require alterations in the a proxy statement, except as modified 9. Each Fund will disclose in its scheduling of meeting items. For further by the order to permit the disclosure of registration statement the Aggregate information and to ascertain what, if Aggregate Fees. This information will Fees. any, matters have been added, deleted include the disclosure of Aggregate Fees 10. Independent legal counsel, as or postponed, please contact: The Office and any change in such disclosure defined in rule 0–1(a)(6) under the Act, of the Secretary at (202) 942–7070. caused by the addition of a new Sub- will be engaged to represent the Dated: October 4, 2002. Adviser. CSIM will meet this condition Independent Trustees. The selection of Margaret H. McFarland, by providing shareholders with an such counsel will be within the information statement meeting the discretion of the then-existing Deputy Secretary. requirements of Regulation 14C, Independent Trustees. [FR Doc. 02–25739 Filed 10–4–02; 4:53 pm] Schedule 14C and Item 22 of Schedule 11. CSIM will provide the Board, no BILLING CODE 8010–01–P 14A under the Exchange Act, except as less frequently than quarterly, with modified by the order to permit the information about CSIM’s profitability disclosure of Aggregate Fees. on a per-Fund basis. The information SECURITIES AND EXCHANGE 4. CSIM will not enter into a sub- will reflect the impact on profitability of COMMISSION advisory agreement with any Affiliated the hiring or termination of any Sub- Sub-Adviser without such agreement, Adviser during the applicable quarter. [Release No. 34–46588; File No. SR–Amex– including the compensation to be paid 12. Whenever a Sub-Adviser is hired 2002–77] thereunder, being approved by the or terminated, CSIM will provide the shareholders of the Fund. Board information showing the Self-Regulatory Organizations; Notice 5. At all times, a majority of the Board expected impact on CSIM’s profitability. of Filing and Immediate Effectiveness will be Independent Trustees and the of Proposed Rule Change by the nomination of new or additional For the Commission, by the Division of American Stock Exchange LLC To Independent Trustees will be placed Investment Management, under delegated Amend the Account Type Codes Under authority. within the discretion of the then- Exchange Rule 719 existing Independent Trustees. Margaret H. McFarland, 6. When a change of Sub-Adviser is Deputy Secretary. October 2, 2002. proposed for a Fund with an Affiliated [FR Doc. 02–25676 Filed 10–8–02; 8:45 am] Pursuant to section 19(b)(1) of the Sub-Adviser, the Board, including a BILLING CODE 8010–01–P Securities Exchange Act of 1934

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(‘‘Act’’),1 and Rule 19b–4 2 thereunder, (11) Specialist, registered trader, and account of an unaffiliated member/ notice is hereby given that on market maker acronyms in regards to member organization. September 20, 2002, the American Stock options transactions, A—Transactions cleared for all Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) (12) Account type code—equities agency customer accounts. filed with the Securities and Exchange only. The current account type codes for P—Transactions not specified above Commission (the ‘‘Commission’’) the equity transactions are as follows. and cleared for the proprietary account proposed rule change as described in Members should use the most restrictive of a clearing member organization or Items I, II, and III below, which Items account type code available. Thus, for affiliated member/member organization. have been prepared by the Exchange. example, members only should use the V—Proprietary transactions cleared The Commission is publishing this ‘‘A’’ account type code for an agency for the account of a non-member broker notice to solicit comments on the transaction when no other account type dealer that is not a competing market proposed rule change, as amended, from code accurately describes the trade. maker. interested persons. These codes may be changed from time 3—Transactions cleared for a Nasdaq to time as the Exchange may determine: market maker that is affiliated with the I. Self-Regulatory Organization’s S—Specialist principal transaction in clearing member that resulted from Statement of the Terms of Substance of a specialty security (regardless of the telephone access to the specialist. the Proposed Rule Change account or clearing member). 4—Transactions cleared for a The Exchange proposes to amend the G—Registered Equity Trader, member’s Nasdaq market maker that is account type codes under Exchange Registered Equity Market Maker and not affiliated with the clearing member Rule 719. The text of the proposed rule Registered Option Trader market maker that resulted from telephone access to change appears below. New text is in transactions in the equities and ETFs in the specialist. italics. which they are registered as a market 5—Transactions cleared for a non- maker regardless of the clearing member Nasdaq market maker that is Comparison of Exchange Transactions member, and Registered Option Trader not affiliated with the clearing member Rule 719 and option specialist transactions in an that resulted from telephone access to underlying Paired Security if the the specialist. (a) through (d) No change. underlying Paired Security is an equity New York Stock Exchange program Commentary other than an ETF (e.g., SPY, DIA, QQQ, trade audit trail account type codes as HOLDRS, Sector SPDRs). used from time to time also are .01 No change. P—Amex Option Specialist or Market acceptable. .02 Regardless of whether or not a Maker transaction in the underlying of (13) Account type code—options registered clearing agency is being used an Amex ‘‘paired security’’ if the only. The current account type codes for for comparison and/or settlement, each underlying of the Paired Security is an option transactions are as follows. clearing member organization shall ETF (e.g., SPY, DIA, QQQ, HOLDRS, Members should use the most restrictive submit the following trade data and Sector SPDRs) (regardless of the clearing account type code available. These audit trail information with respect to member). codes may be changed from time to time contracts for securities entered into on O—Proprietary transactions cleared as the Exchange may determine: the Exchange to a registered clearing for a competing market maker that is S—Specialist principal transaction in agency in such form and within such affiliated with the clearing member. a specialty security (regardless of the time periods as may be described by the T—Transactions cleared for the account or clearing member) registered clearing agency or the account of an unaffiliated member’s C—Transactions cleared for the Exchange: competing market maker. account of an individual investor (1) Name or identifying symbol of the R—Transactions cleared for the F—Transactions cleared for the security, account of a non-member competing account of a broker-dealer that is not a (2) The clearing firm’s number or market maker. registered market maker in the security alpha symbol as may be used from time I—Transactions cleared for the P—Registered trader market maker to time, in regard to its side of the account of an individual investor. transaction regardless of the clearing contract, E—Short exempt transactions cleared member (3) The executing broker’s badge for the proprietary account of a clearing N—Transactions cleared for the number or alpha symbol as may be used member organization or affiliated account of a non-member market maker from time to time, in regard to its side member/member organization. (14) Such other information as the of the contract, F—Short exempt transactions cleared Exchange may from time to time (4) Trade date, for the proprietary account of an require. Clearing members may not (5) The time the trade was executed, unaffiliated member/member ‘‘summarize’’ multiple trades in the (6) Number of shares or quantity of organization. same security, executed at the same H—Short exempt transactions cleared security, price with the same contra clearing firm for an individual customer account. (7) Transaction price, B—Short exempt transactions cleared as this results in degradation of the (8) The clearing firm’s number or for all agency customer accounts. audit trail. alpha symbol as may be used from time L—Short exempt transaction cleared * * * * * to time, in regard to the contra side of for a competing market maker that is the contract, II. Self-Regulatory Organization’s affiliated with the clearing member. Statement of the Purpose of, and (9) The executing broker badge X—Short exempt transaction cleared Statutory Basis for, the Proposed Rule number or alpha symbol as may be used for the account of an unaffiliated Change from time to time, in regard to the member competing market maker. contra side of the contract, Z—Short exempt transaction cleared In its filing with the Commission, the (10) The terms of settlement, for the account of a non-member Exchange included statements competing market maker. concerning the purpose of and basis for 1 15 U.S.C. 78s(b)(1). W—Proprietary transactions not the proposed rule change and discussed 2 17 CFR 240.19b–4. specified above and cleared for the any comments it received on the

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proposed rule change. The text of these section 6(b) of the Act 4 in general and with respect to the proposed rule statements may be examined at the furthers the objectives of section change that are filed with the places specified in Item IV below. The 6(b)(5),5 in particular, in that it is Commission, and all written Exchange has prepared summaries, set designed to prevent fraudulent and communications relating to the forth in sections A, B, and C below, of manipulative acts and practices, to proposed rule change between the the most significant aspects of such promote just and equitable principles of Commission and any person, other than statements. trade, to remove impediments to and those that may be withheld from the perfect the mechanism of a free and public in accordance with the A. Self-Regulatory Organization’s open market and a national market provisions of 5 U.S.C. 552, will be Statement of the Purpose of, and system, and, in general, to protect available for inspection and copying in Statutory Basis for, the Proposed Rule investors and the public interest; and is the Commission’s Public Reference Change not designed to permit unfair Room. Copies of such filing will also be (1) Purpose discrimination between customers, available for inspection and copying at the principal office of the Amex. All The Exchange’s rules require clearing issuers, brokers and dealers. submissions should refer to File No. members to submit to comparison B. Self-Regulatory Organization’s SR–Amex–2002–77 and should be different types of information for each Statement on Burden on Competition submitted by October 30, 2002. transaction that they clear. These The proposed rule change will impose requirements are set forth in Exchange For the Commission, by the Division of no burden on competition. Rule 719. Among the different data that Market Regulation, pursuant to delegated authority.8 clearing firms must submit for each C. Self-Regulatory Organization’s trade is an account type code. These Statement on Comments on the Margaret H. McFarland, codes identify the type of account for Proposed Rule Change Received From Deputy Secretary. which the trade was effected (e.g., a Members, Participants, or Others [FR Doc. 02–25671 Filed 10–8–02; 8:45 am] BILLING CODE 8010–01–P customer, market maker or specialist). No written comments were solicited The Exchange uses these codes for or received with respect to the proposed purposes of market oversight and rule change. transaction fee billing. SECURITIES AND EXCHANGE The Exchange is proposing three III. Date of Effectiveness of the COMMISSION modifications to the account type codes. Proposed Rule Change and Timing for [Release No. 34–46592; File No. SR–CHX– Going forward, the number ‘‘3’’ would Commission Action 2002–28] be used to identify transactions that The foregoing rule change has become resulted from telephone access to the Self-Regulatory Organizations; Notice effective pursuant to section 19(b)(3)(A) of Filing and Immediate Effectiveness Amex specialist effected for a Nasdaq 6 of the Act and paragraph (f)(1) and (3) of Proposed Rule Change and market maker that is affiliated with the 7 of Rule 19b–4 thereunder because it Amendment No. 1 by the Chicago clearing member. The number ‘‘4’’ constitutes a states policy, practice or would be used to identify transactions Stock Exchange, Incorporated To interpretation with respect to the Amend the CHX Membership Dues and that resulted from telephone access to meaning, administration, or the specialist effected for a Nasdaq Fees Schedule to Reduce Tape A and enforcement of an existing rule and is Tape B Specialist Credits, Reduce market maker that is an Amex member concerned solely with the but is not affiliated with the member Floor Broker Earned Credits, and administration of the self-regulatory Increase the OTC Specialist Fixed Fees clearing the trade. Finally, the number organization. At any time within 60 ‘‘5’’ would be used to identify days of the filing of such proposed rule October 2, 2002. transactions that resulted from change, the Commission may summarily Pursuant to section 19(b)(1) of the telephone access to the specialist abrogate such rule change if it appears Securities Exchange Act of 1934 effected for a Nasdaq market maker that to the Commission that such action is (‘‘Act’’),1 and Rule 19b–4 thereunder,2 is not an Amex member and is not necessary or appropriate in the public notice is hereby given that on affiliated with the clearing member. The interest, for the protection of investors, September 3, 2002, the Chicago Stock Exchange is making these changes to or otherwise in furtherance of the Exchange, Incorporated (‘‘CHX’’ or identify the trades that result from purposes of the Act. ‘‘Exchange’’) filed with the Securities telephone access to the specialist so that and Exchange Commission these trades will not be charged a IV. Solicitation of Comments (‘‘Commission’’) the proposed rule transaction fee.3 No other change would Interested persons are invited to change as described in Items I, II, and be made to Rule 719. submit written data, views and III below, which Items have been (2) Statutory Basis arguments concerning the foregoing, prepared by the Exchange. On including whether the proposed rule September 30, 2002, the CHX amended The Exchange believes that the change is consistent with the Act. the proposal.3 The Exchange has proposed rule change is consistent with Persons making written submissions should file six copies thereof with the 8 17 CFR 200.30–3(a)(12). 3 The Exchange states that Section IX of the Secretary, Securities and Exchange 1 15 U.S.C. 78s(b)(1). 2 Nasdaq Unlisted Trading Privileges Plan (‘‘Plan’’) Commission, 450 Fifth Street, NW., 17 CFR 240.19b–4. provides in part that no Plan Participant can impose 3 See September 27, 2002 letter from Ellen J. any fee or charge with respect to transactions in Washington, DC 20549–0609. Copies of Neely, Senior Vice President and General Counsel, Nasdaq securities effected with Nasdaq market the submission, all subsequent CHX, to Nancy J. Sanow, Division of Market makers which are communicated to the floor by amendments, all written statements Regulation, Commission (‘‘Amendment No. 1’’) telephone pursuant to the Plan. See Joint Self- Amendment No. 1 completely replaces and Regulatory Organization Plan Governing the 4 supersedes the original filing. For purposes of Collection, Consolidation and Dissemination of 15 U.S.C. 78f(b). calculating the 60-day abrogation period, the Quotation and Transaction Information for Nasdaq- 5 15 U.S.C. 78f(b)(5). Commission considers the period to have Listed Securities Traded on Exchanges on an 6 15 U.S.C. 78s(b)(3)(A). commenced on September 30, 2002, the date the Unlisted Trading Privileges Basis. 7 17 CFR 240.19b-4(f)(1) and (3). CHX filed Amendment No. 1.

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designated this proposal as one I. Self-Regulatory Organization’s Proposed new language is in italics; establishing or changing a due, fee, or Statement of the Terms of Substance of proposed deletions are in brackets. other charge imposed by the CHX under the Proposed Rule Change Membership Dues and Fees section 19(b)(3)(A)(ii) of the Act,4 which renders the proposal effective upon The Exchange proposes to amend its * * * * * membership dues and fees schedule filing with the Commission. The E. Specialist Fixed Fees Commission is publishing this notice to (‘‘Schedule’’) for the period from Except in the case of Exemption solicit comments on the proposed rule September through December 2002, to Eligible Securities (as defined above in change, as amended, from interested (1) reduce the Tape A and Tape B Section D), which shall be exempt from persons. specialist credits; (2) reduce the floor broker earned credits; and (3) increase assessment of fixed fees, specialists will the OTC specialist fixed fees. The text be assigned a fixed fee per assigned of the proposed rule change is below. stock on a monthly basis, to be calculated as follows:

Fixed Fee Per Dual Trading System Security = No change to text Fixed Fee For Specialist [Member] Firms Trading = The lowest monthly fixed fee charged each member firm for Nasdaq/NMS Securities period from January through June 2002, less the market data rebate earned by the firm in June, 2002. (Effective July 2002) For each month from September 2002 through December 2002, each specialist firm shall be charged a Fixed Fee Charge equal to that specialist firm’s pro rata share of an additional $10,000 monthly fee. A specialist firm’s pro rata share shall be based on the firm’s percentage participation in the total market data rebates paid to specialist firms trading Nasdaq/NMS Securities in June 2002.

* * * * * firm’s ‘‘Credit Reduction Charge,’’ which firm’s ‘‘Credit Reduction Charge,’’ which shall be calculated as follows: shall be calculated as follows: M. Credits (Total CHX Monthly Tape A (Total CHX Monthly Tape B Transaction Credits ÷ Total CHX 1. Specialist Credits Transaction Credits ÷ Total CHX Monthly Tape A & B Transaction Total monthly fees owed by a × Monthly Tape A & B Transaction Credits) $40,000 = Tape A Pro Rata × specialist to the Exchange will be Share Credits) $40,000 = Tape B Pro Rata reduced (and specialists will be paid (Specialist’s Monthly Tape A Share (Specialist’s Monthly Tape B ÷ each month for any unused credits by Transaction Credits ÷ Total CHX Transaction Credits Total CHX × the application of the following credits): Monthly Tape A Transaction Credits) × Monthly Tape B Transaction Credits) a. Effective July 1, 2002 for Tape A Pro Rata Share = Specialist’s Tape B Pro Rata Share = Specialist’s transactions in Tape A Securities: Credit Reduction Charge Credit Reduction Charge b. Effective July 1, 2002 for 2. Floor Broker Credits CHX monthly CTA Transaction credit transactions in Tape B Securities: trade volume by stock a. Earned Credits. (percent) (percent) CHX monthly CTA Transaction credit trade volume by stock (percent) Effective January 1, 2001, total < 7 18 (percent) monthly fees owed by a floor broker to 7–12 45 >12 70 ≤5.75% 18 the Exchange will be reduced by the >5.75% 50% application of the following Earned Credit (and floor brokers will be paid ‘‘Tape A Securities’’ are securities reported on Tape A of the Consolidated ‘‘Transaction Credit’’ when used in each month for any unused credits): Tape Association. connection with Tape B Securities * * * * * means the applicable percentage of For each month from September 2002 ‘‘Transaction Credit’’ when used in monthly CHX tape revenue from the connection with Tape A Securities Consolidated Tape Association through December 2002, the Earned means the applicable percentage of generated by a particular stock. To the Credit calculated above for each floor monthly CHX tape revenue from the extent that CHX tape revenue is subject broker shall be decreased by an amount Consolidated Tape Association to a year end adjustment, specialist equal to that floor broker’s ‘‘Credit generated by a particular stock. To the credits may be adjusted accordingly. Reduction Charge,’’ which shall be extent that CHX tape revenue is subject ‘‘Tape B Securities’’ are securities calculated as follows: to a year end adjustment, specialist reported on Tape B of the Consolidated (Floor Broker’s Monthly Earned Credit credits may be adjusted accordingly. Tape Association. ÷ Total CHX Monthly Earned Credits) × For each month from September 2002 For each month from September 2002 $50,000 = Floor Broker’s Credit through December 2002, the through December 2002, the Reduction Charge Transaction Credit calculated above for Transaction Credit calculated above for each specialist firm shall be decreased each specialist firm shall be decreased * * * * * by an amount equal to that specialist by an amount equal to that specialist

4 15 U.S.C. 78s(b)(3)(A)(ii).

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3. Credits for Qualified Market Makers July 2002 as a result of discussions with proposed rule change between the Registered in Cabinet Securities Commission staff.6 Among other things, Commission and any person, other than No change to text. the Tape B transaction credits outlined those that may be withheld from the in the Schedule continue to be 50% or public in accordance with the * * * * * less. provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s available for inspection and copying in 2. Statutory Basis Statement of the Purpose of, and the Commission’s Public Reference Statutory Basis for, the Proposed Rule The Exchange believes the proposed Room. Copies of such filing will also be Change rule change is consistent with Section available for inspection and copying at 6(b)(4) of the Act 7 in that it provides for In its filing with the Commission, the the principal office of the Exchange. All the equitable allocation of reasonable Exchange included statements submissions should refer to file number dues, fees and other charges among its SR–CHX–2002–28, and should be concerning the purpose of and basis for members. submitted by October 30, 2002. the proposed rule change and discussed any comments it received on the B. Self-Regulatory Organization’s For the Commission, by the Division of proposed rule change. The text of these Statement on Burden on Competition Market Regulation, pursuant to delegated 11 statements may be examined at the authority. The Exchange does not believe that Margaret H. McFarland, places specified in Item IV below. The the proposed rule change will impose Deputy Secretary. Exchange has prepared summaries, set any inappropriate burden on forth in Sections A, B, and C below, of competition. [FR Doc. 02–25670 Filed 10–8–02; 8:45 am] the most significant aspects of such BILLING CODE 8010–01–P statements. C. Self-Regulatory Organization’s Statement on Comments on the A. Self-Regulatory Organization’s Proposed Rule Change Received From SECURITIES AND EXCHANGE Statement of the Purpose of, and Members, Participants, or Others COMMISSION Statutory Basis for, the Proposed Rule Change No written comments were solicited [Release No. 34–46589; File No. SR–NASD– or received. 2002–130] 1. Purpose III. Date of Effectiveness of the Self-Regulatory Organizations; Notice The CHX proposes to amend the Proposed Rule Change and Timing for of Filing and Order Granting Schedule by (1) reducing the Tape A Commission Action Accelerated Approval of Proposed and Tape B credits provided to The proposed rule change has become Rule Change by National Association Exchange specialists; (2) reducing the of Securities Dealers, Inc. Relating to earned credits available to Exchange effective pursuant to section 19(b)(3)(A)(ii) of the Act 8 and an Extension of the Nasdaq floor brokers; and (3) increasing the International Service Pilot Program fixed fees charged to specialists who subparagraph (f)(2) of Rule 19b–4 thereunder,9 because it involves a due, trade OTC securities. These changes October 2, 2002. fee, or other charge. At any time within apply for the period from September Pursuant to section 19(b)(1) of the 60 days of the filing of the proposed rule through December 2002. Securities Exchange Act of 1934 The Exchange, like other business change, the Commission may summarily (‘‘Act’’)1 and Rule 19b–4 thereunder,2 entities, sets financial goals for its abrogate such rule change if it appears notice is hereby given that on operations, and attempts, throughout to the Commission that such action is September 26, 2002, the National the year, to make decisions that permit necessary or appropriate in the public Association of Securities Dealers, Inc. it to meet or exceed those goals. To help interest, for the protection of investors, (‘‘NASD’’), through its subsidiary, The meet the Exchange’s goals for 2002, the or otherwise in furtherance of the 10 Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), Exchange has decided to temporarily purposes of the Act. filed with the Securities and Exchange reduce certain credit programs and to IV. Solicitation of Comments Commission (‘‘Commission’’) the increase certain fees. Interested persons are invited to proposed rule change as described in In doing so, the CHX has designed the submit written data, views, and Items I, II, and III below, which Items proposed changes to the credit and fee arguments concerning the foregoing, have been prepared by Nasdaq. The arrangements to have an equal effect on including whether the proposal is Commission is publishing this notice to the Exchange’s specialist firms, as a consistent with the Act. Persons making solicit comments on the proposed rule group, and its floor broker firms, as a written submissions should file six change from interested persons. For the group. Within each of these two groups, copies thereof with the Secretary, reasons described below, the the fee changes are designed to impact Securities and Exchange Commission, Commission is granting accelerated specific firms based on the level of their 450 Fifth Street, NW., Washington, DC approval to the proposed rule change. current participation in the credit and/ 20549–0609. Copies of the submission, or fee programs.5 The Exchange believes I. Self-Regulatory Organization’s all subsequent amendments, all written that its member firms are in agreement Statement of the Terms of Substance of statements with respect to the proposed with this proposal. the Proposed Rule Change The changes in the credit section of rule change that are filed with the The NASD proposes to extend for one the Schedule (Section M) decrease the Commission, and all written year: (1) The pilot term of the Nasdaq credits from the levels that were set in communications relating to the International Service (‘‘Service’’); and (2) the effectiveness of certain rules 6 See Securities Exchange Act Release No. 46231 5 For example, for each of the months from (July 19, 2002), 67 FR 48687 (July 25, 2002)(SR– (‘‘International Rules’’) that are unique September to December 2002, the Exchange’s CHX–2002–22). to the Service. This rule change does not specialists that trade securities reported on Tape A 7 of the Consolidated Tape Association, will be 15 U.S.C. 78f(b)(4). assessed a credit reduction charge that is based on 8 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 200.30–3(a)(12). their share of the total Tape A transaction credit for 9 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). those months. 10 See footnote 3, supra. 2 17 CFR 240.19b–4.

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entail any modification of the Service market maker.5 At present, there burden on competition that is not International Rules. The present are no Service market makers necessary or appropriate in furtherance authorization for the Service and the participating in the Service. of the purposes of the Act. International Rules expires on October As noted above, the NASD is seeking C. Self-Regulatory Organization’s 9, 2002. With this filing, the pilot period to extend the pilot term for one year. Statement on Comments on the for the Service and the International During this period, the NASD will Proposed Rule Change Received From Rules would be extended until October continue to reevaluate the Service’s Members, Participants, or Others 9, 2003. operation and consider possible enhancements to the Service to broaden Written comments were neither II. Self-Regulatory Organization’s market-maker participation. The NASD solicited nor received. Statement of the Purpose of, and continues to view the Service as a Statutory Basis for, the Proposed Rule significant experiment in expanding III. Solicitation of Comments Change potential opportunities for international Interested persons are invited to In its filing with the Commission, trading via systems operated by Nasdaq. submit written data, views, and NASD included statements concerning Accordingly, the NASD believes that arguments concerning the foregoing, the purpose of and basis for the this pilot operation warrants an including whether the proposed rule proposed rule change. The text of these extension to permit possible change is consistent with the Act. statements may be examined at the enhancements that will increase the Persons making written submissions places specified in Item III below. NASD Service’s utility and attractiveness to the should file six copies thereof with the has prepared summaries, set forth in investment community. The NASD Secretary, Securities and Exchange Sections A, B, and C below, of the most maintains its belief that it is extremely Commission, 450 Fifth Street, NW., significant aspects of such statements. important to preserve this facility and Washington, DC 20549–0609. Copies of the opportunities it provides, especially the submission, all subsequent A. Self-Regulatory Organization’s in light of the increasingly global nature amendments, all written statements Statement of the Purpose of, and of the securities markets and the trend with respect to the proposed rule Statutory Basis for, the Proposed Rule of cross-border transactions generally. change that are filed with the Change 2. Statutory Basis Commission, and all written 1. Purpose communications relating to the Nasdaq believes that the proposed proposed rule change between the The NASD proposes to extend for an rule change is consistent with the additional year, until October 9, 2003, Commission and any person, other than provisions of sections 11A(a)(1)(B) and those that may be withheld from the the pilot operation of the Service and (C) and 15A(b)(6) of the Act.6 the effectiveness of the International public in accordance with the Subsections (B) and (C) of section provisions of 5 U.S.C. 552, will be Rules governing broker-dealers’ access 11A(a)(1) set forth the Congressional to and use of the Service. The available for inspection and copying in goals of achieving more efficient and the Commission’s Public Reference Commission originally approved the effective market operations, broader existing pilot operation of the Service Room. Copies of such filing will also be availability of information with respect available for inspection and copying at and the International Rules in October to quotations for securities, and the 1991.3 The Service was launched on the principal office of the NASD. All execution of investor orders in the best submissions should refer to File No. January 20, 1992. The pilot has since market through the use of advanced data been extended and is currently set to SR–NASD–2002–130 and should be processing and communications submitted by October 30, 2002. expire on October 9, 2002.4 techniques. Section 15A(b)(6) requires, The Service supports an early trading among other things, that the NASD rules IV. Commission’s Findings and Order session running from 3:30 a.m. to 9 a.m. be designed to prevent fraudulent and Granting Accelerated Approval of the E.T. on each U.S. business day manipulative acts and practices, to Proposed Rule Change (‘‘European Session’’) that overlaps the promote just and equitable principals of The Commission finds that the business hours of the London financial trade, and to foster cooperation and proposed rule change is consistent with markets. Participation in the Service is coordination with persons engaged in sections 11A(a)(1)(B) and (C) and voluntary and is open to any authorized regulating, clearing, settling, processing 15A(b)(6) of the Act.7 NASD member firm or its approved The Commission information with respect to, and believes that, in connection with the broker-dealer affiliate in the U.K. A facilitating transactions in securities. member participates as a Service market globalization of securities markets, the The NASD believes that the proposed Service provides an opportunity to maker either by staffing its trading extension of the Service and the advance the statutory goals of (1) facilities in the U.S. or the facilities of International Rules is fully consistent achieving more efficient and effective its approved affiliate during the with these statutory provisions. European Session. The Service also has market operations; (2) broader a variable opening feature that permits B. Self-Regulatory Organization’s availability of information with respect Statement on Burden on Competition Service market makers to elect to to quotations for securities; (3) the participate starting from 3:30 a.m., 5:30 NASD does not believe that the execution of investor orders in the best a.m. or 7:30 a.m., Eastern Time. The proposed rule change will result in any market through the use of advanced data election is required to be made on a processing and communications security-by-security basis at the time a 5 Regardless of the opening time chosen by the techniques; and (4) fostering firm registers with the NASD as a Service market maker, the Service market maker is cooperation and coordination with required to fulfill all the obligations of a Service persons engaged in regulating, clearing, market maker from that time (i.e., either 3:30 a.m., 3 See Securities Exchange Act Release No. 29812 5:30 a.m. or 7:30 a.m.) until the European Session settling, processing, information with (October 11, 1991), 56 FR 52082 (October 17, 1991) closes at 9 a.m., Eastern Time. See Securities (File No. SR–NASD–90–33). Exchange Act Release No. 32471 (June 16, 1993), 58 7 15 U.S.C. 78k–1(a)(1)(B), (C); 78o–3(b)(6). In 4 See Securities Exchange Act Release No. 44915 FR 33965 (June 22, 1993) (File No. SR–NASD–92– reviewing this proposal, the Commission has (Oct. 9, 2001), 66 FR 52650 (Oct. 16, 2001) (File No. 54). considered its potential impact on efficiency, SR–NASD–01–65). 6 15 U.S.C. 78k–1(a)(1)(B), (C); 78o–3(b)(6). competition and capital formation. 15 U.S.C. 78c(f).

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respect to, and facilitating transactions SECURITIES AND EXCHANGE Nasdaq will implement the proposed in securities. COMMISSION rule change immediately. The Commission views the Service as II. Self-Regulatory Organization’s providing potential opportunities for [Release No. 34–46559; File No. SR–NASD– Statement of the Purpose of, and international trading via a system 2002–125] Statutory Basis for, the Proposed Rule operated by Nasdaq. The Service is Change Self-Regulatory Organizations; Notice intended to promote additional of Filing of Proposed Rule Change by In its filing with the Commission, commitments of member firms’ capital National Association of Securities Nasdaq included statements concerning to market making and to attract Dealers, Inc. To Extend a Pilot the purpose of, and basis for, the commitments from firms based in Amendment to NASD Rule 4120 proposed rule change and discussed any Europe that currently do not function as Regarding Nasdaq’s Authority To comments it received on the proposed Nasdaq market makers. Although there Initiate and Continue Trading Halts rule change. The text of these statements are no Service market makers may be examined at the places specified participating in the Service, the NASD September 26, 2002. in Item IV below. Nasdaq has prepared plans to reevaluate the Service’s Pursuant to Section 19(b)(1) of the summaries, set forth in Sections A, B, operation and consider possible Securities Exchange Act of 1934 and C below, of the most significant enhancements to the Service to broaden (‘‘Act’’),1 and Rule 19b–4 thereunder,2 aspects of such statements. market maker participation. notice is hereby given that on A. Self-Regulatory Organization’s Accordingly, the Commission believes September 20, 2002, the National Statement of the Purpose of, and that this pilot operation warrants an Association of Securities Dealers, Inc. Statutory Basis for, the Proposed Rule extension to permit possible (‘‘NASD’’), through its subsidiary, The Change enhancements that will increase the Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), filed with the Securities and Exchange 1. Purpose Service’s utility and attractiveness to the Commission (‘‘Commission’’) the investment community. Any changes to On May 11, 2001, Nasdaq filed with proposed rule change as described in the operation of the Service will be filed the Commission a proposed rule change Items I, II, and III below, which Items pursuant to section 19(b)(2) of the Act.8 to clarify Nasdaq’s authority to initiate have been prepared by Nasdaq. Nasdaq and continue trading halts in Pursuant to Section 19(b)(2) of the filed the proposal pursuant to Section circumstances where Nasdaq believes Act,9 the Commission finds good cause 19(b)(3)(A) of the Act 3 and Rule 19b- that extraordinary market activity in a for approving the proposed rule change 4(f)(6) thereunder,4 which renders the security listed on Nasdaq may be caused prior to the thirtieth day after the date proposal effective upon filing with the by the misuse or malfunction of an of publication of notice of filing thereof Commission.5 The Commission is electronic quotation, communication, in the Federal Register. The publishing this notice to solicit reporting, or execution system operated Commission believes that it is comments on the proposed rule change by, or linked to, Nasdaq.7 On July 27, appropriate to approve on an from interested persons. 2001, Nasdaq filed Amendment No. 1 to accelerated basis the one-year extension I. Self-Regulatory Organization’s the proposed rule change, which of the Service, until October 9, 2003, to Statement of the Terms of the Substance requested that the Commission approve ensure the continuous operation of the of the Proposed Rule Change the proposed rule change on a three- Service, which is otherwise set to expire month pilot basis expiring on October Nasdaq proposes to extend a pilot 8 on October 9, 2002. 27, 2001. Also on July 27, 2001, the amendment to NASD Rule 4120, which Commission approved the proposed V. Conclusion clarified Nasdaq’s authority to initiate rule change and Amendment No. 1 on and continue trading halts in a pilot basis 9 after finding that the It is therefore ordered, pursuant to circumstances where Nasdaq believes proposed rule change was consistent section 19(b)(2) of the Act,10 that the that extraordinary market activity in a with the requirements of the Act, proposed rule change (SR–NASD–2002– security listed on Nasdaq may be caused including Section 15A of the Act.10 130) is hereby approved on an by the misuse or malfunction of an Since that time, the pilot period for the accelerated basis. electronic quotation, communication, rule has been extended on several 11 For the Commission, by the Division of reporting, or execution system operated occasions. Market Regulation, pursuant to delegated by, or linked to, Nasdaq. The purpose of According to Nasdaq, as a result of the authority.11 this filing is to extend the pilot until decentralized and electronic nature of November 15, 2002.6 Accordingly, there Margaret H. McFarland, is no new proposed rule language. 7 See Securities Exchange Act Release No. 44307 Deputy Secretary. (May 15, 2001), 66 FR 28209 (May 22, 2001) (Notice for SR–NASD–2001–37). [FR Doc. 02–25673 Filed 10–8–02; 8:45 am] 1 15 U.S.C. 78s(b)(1). 8 See Letter from Thomas P. Moran, Associate BILLING CODE 8010–01–P 2 17 CFR 240.19b–4. General Counsel, Nasdaq, to Alton Harvey, Office 3 15 U.S.C. 78s(b)(3)(A). Head of MarketWatch, Division, Commission dated 4 17 CFR 240.19b–4(f)(6). July 27, 2001. (Amendment No. 1 to SR-NASD– 5 Nasdaq asked the Commission to waive the 5- 2001–37). day pre-filing notice requirement and the 30-day 9 See Securities Exchange Act Release No. 44609 operative delay. See Rule 19b–4(f)(6)(iii). 17 CFR (July 27, 2001), 66 FR 40761 (Aug. 3, 2001) (Order 240.19b–4(f)(6)(iii). granting approval of SR–NASD–2001–37 on a pilot 6 Nasdaq confirmed that this proposed rule basis). change only extends the operation of the pilot, and 10 15 U.S.C. 78o–3. does not change the pilot substantively. Telephone 11 See Securities Exchange Act Release No. 44870 8 15 U.S.C. 78s(b)(2). converation between John Yetter, Assistant General (Sept. 28, 2001), 66 FR 50701 (Oct. 4, 2001); Counsel, Office of the General Counsel, Nasdaq, and Securities Exchange Act Release No. 45344 (Jan. 28, 9 15 U.S.C. 78s(b)(2). Joseph Morra, Special Counsel, and Marc McKayle, 2002), 67 FR 5022 (Feb. 3, 2002); Securities 10 15 U.S.C. 78s(b)(2). Special Counsel, Division of Market Regulation Exchange Act Release No. 45851 (Apr. 30, 2002), 67 11 17 CFR 200.30–3(a)(12). (‘‘Division’’), Commission on September 25, 2002. FR 31858 (May 10, 2002).

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the market operated by Nasdaq, the proposal.15 Nasdaq believes that the IV. Solicitation of Comments price and volume of transactions in a amendments to the rule proposed in Interested persons are invited to Nasdaq-listed security may be affected SR–NASD–2001–75 respond to the submit written data, views, and by the misuse or malfunction of concerns expressed by Instinet without arguments concerning the foregoing, electronic systems, including systems impairing the flexibility that the rule including whether the proposed rule that are linked to, but not operated by, must retain in order for the rule to assist change is consistent with the Act. Nasdaq. In circumstances where misuse Nasdaq in meeting its overarching Persons making written submissions or malfunction results in extraordinary responsibility to maintain the fairness should file six copies thereof with the market activity, Nasdaq believes that it and orderly structure of the Nasdaq Secretary, Securities and Exchange may be appropriate to halt trading in an market. Pending Commission action on Commission, 450 Fifth Street, NW., affected security until the system SR–NASD–2001–75, Nasdaq believes Washington, DC 20549–0609. Copies of problem can be rectified. In the period that the pilot period of the current rule the submission, all subsequent during which the rule change has been should be extended to allow the rule to amendments, all written statements in effect, Nasdaq has not had occasion remain in effect on an uninterrupted with respect to the proposed rule to initiate a trading halt under the rule. basis. change that are filed with the Nevertheless, Nasdaq believes that the III. Date of Effectiveness of the Commission, and all written rule is an important component of its communications relating to the authority to maintain the fairness and Proposed Rule Change and Timing for Commission Action proposed rule change between the orderly structure of the Nasdaq market. Commission and any person, other than Accordingly, Nasdaq believes that the Because the foregoing proposed rule those that may be withheld from the rule should remain in effect on an change does not: public in accordance with the uninterrupted basis. (i) Significantly affect the protection provisions of 5 U.S.C. 552, will be 2. Statutory Basis of investors or the public interest; available for inspection and copying in the Commission’s Public Reference Nasdaq believes that the proposed (ii) Impose any significant burden on Room. Copies of such filing will also be rule change is consistent with the competition; and available for inspection and copying at 12 provisions of Section 15A of the Act, (iii) Become operative for 30 days the principal office of the NASD. All 13 including Section 15A(b)(6) of the Act, from the date on which it was filed, or submissions should refer to File No. which requires, among other things, that such shorter time as the Commission SR–NASD–2002–125 should be a registered national securities may designate, it has become effective submitted by October 30, 2002. association’s rules must be designed to 16 pursuant to Section 19(b)(3)(A) of the For the Commission, by the Division of prevent fraudulent and manipulative Act and Rule 19b–4(f)(6) thereunder.17 acts and practices, to promote just and Market Regulation, pursuant to delegated At any time within 60 days of the filing authority.19 equitable principles of trade, and, in of the proposed rule change, the general, to protect investors and the Margaret H. McFarland, Commission may summarily abrogate Deputy Secretary. public interest. Nasdaq believes that the such rule change if it appears to the [FR Doc. 02–25675 Filed 10–8–02; 8:45 am] proposed rule change provides Nasdaq Commission that such action is with clearer authority to respond to and necessary or appropriate in the public BILLING CODE 8010–01–P alleviate market disruptions and thereby interest, for the protection of investors, protect investors and the public interest. or otherwise in furtherance of the SECURITIES AND EXCHANGE B. Self-Regulatory Organization’s purposes of the Act. COMMISSION Statement on Burden on Competition Nasdaq has requested that the [Release No. 34–46579; File No. SR–NYSE– Nasdaq does not believe that the Commission waive the 5-day pre-filing 2002–31] proposed rule change will result in any notice requirement and the 30-day burden on competition that is not operative delay. The Commission Self-Regulatory Organizations; Notice necessary or appropriate in furtherance believes waiving the 5-day pre-filing of Filing and Immediate Effectiveness of the purposes of the Act. notice requirement and the 30-day of Proposed Rule Change by the New operative delay is consistent with the York Stock Exchange, Inc. Relating to C. Self-Regulatory Organization’s protection of investors and the public Codification of New York Stock Statement on Comments on the interest. Acceleration of the operative Exchange Policies Previously Proposed Rule Change Received From date will allow the pilot to operate Approved by the Commission and the Members, Participants, or Others continuously through November 15, Reordering of Other Rules In a letter dated July 27, 2001, Instinet 2002, while the Commission considers October 1, 2002. Corporation (‘‘Instinet’’) commented on Nasdaq’s request for permanent the proposed rule change as originally approval. For these reasons, the Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 proposed and currently in effect.14 Commission waives both the 5-day pre- (‘‘Act’’) 1 2 Nasdaq has filed a proposed rule filing requirement and the 30-day and Rule 19b–4 thereunder, 18 change—SR–NASD–2001–75—to operative waiting period. notice is hereby given that on August modify the rule in certain respects and 12, 2002, the New York Stock Exchange, to make the rule permanent, and has 15 See Securities Exchange Act Release No. 45355 Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with received no comments on that (Jan. 29, 2002), 67 FR 5351 (Feb. 5, 2002) (File No. the Securities and Exchange SR–NASD–2001–75). Commission (‘‘Commission’’) the 16 15 U.S.C. 78s(b)(3)(A). proposed rule change as described in 12 15 U.S.C. 78o–3. 17 17 CFR 240.19b–4(f)(6). Items I, II, and III below, which Items 13 15 U.S.C. 78o–3(b)(6). 18 For purposes only of accelerating the operative 14 See Letter from Jon Kroeper, First Vice date of this proposal, the Commission has President—Regulatory Policy/Strategy, Instinet to considered the proposed rule’s impact on 19 17 CFR 200.30–3(a)(12). Jonathan G. Katz, Secretary, Commission dated July efficiency, competition, and capital formation. 15 1 15 U.S.C. 78s(b)(1). 27, 2001. U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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have been prepared by the Exchange. The Exchange is proposing to add, as Current Rule 111(c), however, contains The proposed rule change has been filed Supplementary Material to Rule 90, the similar exemptions. Accordingly, the by the NYSE as a ‘‘non-controversial’’ text of Section 11(a) and the text of the Exchange is proposing to rescind Rule rule change under Rule 19b–4(f)(6) of Commission’s rules thereunder. 112(e) as redundant and unnecessary, the Securities Exchange Act of 1934 and this paragraph would not appear in Rules 110, 111 and 112 (‘‘Act’’).3 The Commission is publishing proposed new Rule 110. this notice to solicit comments on the Exchange Rules 110, 111 and 112 are Rule 112.23 refers to the ability of the proposed rule change from interested primarily addressed to Competitive specialist to establish priority, but not persons. Traders, although several provisions of parity or precedence based on size, in these Rules relate to other matters. The I. Self-Regulatory Organization’s certain market situations. This Exchange is proposing to reorganize paragraph is similar to restrictions Statement of the Terms of Substance of these rules so that all material directly the Proposed Rule Change contained in Rule 108, and the relating to activities of Competitive Exchange is proposing to delete it as The proposed rule change consists of Traders will be codified in Rule 110. redundant. the formal codification of several This involves placing certain material Rule 112.24 provides that specialists Exchange policies previously approved currently codified in Rule 111 and Rule should state the full size of the offer by the Commission and the reordering 112 into Rule 110. After the except in instances in which they of several other Exchange rules. The text reorganization, Rule 111 would contain believe the proper exercise of the of the proposed rule change is available material currently codified in at the Office of the Secretary, NYSE and Supplementary Material to Rule 112 brokerage function makes it inadvisable at the Commission. concerning reporting requirements for to do so. This Rule has been superseded Competitive Traders and certain other by the Commission’s limit order display II. Self-Regulatory Organization’s traders. In addition, Rule 112 would rule, Rule 11Ac1–4, and NYSE Rule Statement of the Purpose of, and consist of material currently codified in 79A.15, and is therefore proposed to be Statutory Basis for, the Proposed Rule paragraphs .10 and .20 of rescinded. Change Supplementary Material to Rule 112 Codification of Exchange Policies In its filing with the Commission, the dealing with orders initiated off the self-regulatory organization included Floor, and what constitutes ‘‘on Floor’’ The Exchange is proposing to add its statements concerning the purpose of specialist stock allocation policy to Rule and ‘‘off Floor’’ for purposes of 4 and basis for the proposed rule change Exchange rules. 103B. This Rule currently provides that and discussed any comments it received No new material is being added. The securities listing on the Exchange will on the proposed rule change. The text Exchange is simply reorganizing the be allocated to specialist units according of these statements may be examined at existing material for ease of reference. to such policies as the Exchange shall the places specified in Item IV below. The specific reorganization is as establish. The Exchange’s Allocation The NYSE has prepared summaries, set follows. Paragraphs (a), (b), and (c) of Policy has been previously filed with forth in Sections A, B, and C below, of current Rule 111 would become the Commission but has not been the most significant aspects of such paragraphs (a), (b), and (c) of new Rule codified in the Rule Book. The statements. 110. Paragraphs (a), (b), (c), and (d) of Exchange is simply proposing to add the current Rule 112 would become text of the current Allocation Policy to A. Self-Regulatory Organization’s the text of Rule 103B. Statement of the Purpose of, and paragraphs (d), (e), (f), and (g) of new The Exchange is also proposing to Statutory Basis for, the Proposed Rule Rule 110. Paragraphs (d), (e), (f), (g) and Change Supplementary Material .10 of current codify three other policies which have Rule 111 would become paragraphs (h), been previously approved by the 1. Purpose (i), (j), (k), and (l) of new Rule 110. The Commission. The Exchange’s policies According to the NYSE, the purpose text of current Rule 110 would become and interpretations regarding market-on- of this filing is to formally codify in the paragraph (m) of new Rule 110. close and limit-on-close orders would NYSE Rule Book several policies which Supplementary Material paragraphs .21 be codified in new Exchange Rule have been previously filed with, and and .22 of current Rule 112 would 123C.5 Included in this Rule would be approved by, the Commission pursuant become new paragraphs (n), (o), and (p) interpretive material, previously to Rule 19b–4 and to rearrange the of new Rule 110. disseminated to the Exchange’s placement of several other rules. The Supplementary Material paragraph membership, which is reasonably and NYSE represents that the material filed .30 of current Rule 112 would become fairly implied by these policies. The herein does not constitute a substantive paragraph (a) of new Rule 111. Exchange is not proposing to adopt any change to any NYSE rule or policy, and Supplementary Material paragraphs .40, new substantive requirements. is responsive to recommendations made .50, and .50A of current Rule 112 would The Exchange is proposing to codify by an Independent Consultant retained become paragraphs (b), (c) and (d) of its policies and interpretations regarding by the Exchange. See In the Matter of new Rule 111. trading halts and delayed openings in New York Stock Exchange, 70 S.E.C. Supplementary Material paragraph Docket 106, Release No. 34–41574, 1999 .10(a) of Rule 112 would become 4 This policy was last amended in SR–NYSE– WL 430863 (June 29, 1999). paragraph (a) of new Rule 112. 2001–10 (Allocation Policy for Exchange-Traded Supplementary Material paragraphs Funds), approved by Securities Exchange Act Rule 90 .20(a), (b), (c), and (d) would become Release No. 44306 (May 15, 2001), 66 FR 28008 (May 21, 2001), and in SR–NYSE–2001–17 Exchange Rule 90 prohibits member paragraphs (b), (c), (d), and (e) of new (Interview Pool for Exchange’s Allocation Policy proprietary transactions on the Rule 112. and Procedures), approved by Securities Exchange Exchange in accordance with the Three paragraphs are proposed to be Act Release No. 44975 (October 24, 2001), 66 FR principles of Section 11(a) of the Act deleted. Current Rule 112(e) contains 55037 (October 31, 2001). 5 This policy was last amended in SR–NYSE–99– and the Commission’s rules thereunder. exemptions from restrictions on 26, approved by Securities Exchange Act Release Competitive Traders for specialists in No. 41726 (August 11, 1999), 64 FR 44985 (August 3 17 CFR 240.19b–4(f)(6). securities in which they are registered. 18, 1999).

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new Rule 123D.6 No new substantive operative for 30 days after the date of amendments, all written statements requirements are proposed to be this filing, or such shorter time as the with respect to the proposed rule adopted. Commission may designate, and the change that are filed with the The Exchange is also proposing to Exchange has provided the Commission Commission, and all written codify its Specialist Combination with written notice of its intent to file communications relating to the Review Policy in new Rule 123E.7 No the proposed rule change at least five proposed rule change between the new substantive requirements are business days prior to the filing date, it Commission and any person, other than proposed to be adopted. has become effective pursuant to section those that may be withheld from the 19(b)(3)(A) of the Act 12 and Rule 19b– public in accordance with the 2. Statutory Basis 4(f)(6)(iii)13 thereunder. At any time provisions of 5 U.S.C. 552, will be The Exchange believes that the within 60 days of the filing of the available for inspection and copying at proposed rule change is consistent with proposed rule change, the Commission the Commission’s Public Reference section 6(b) of the Act,8 in general, and may summarily abrogate such rule Room. Copies of such filing will also be furthers the objectives of section 6(b)(5) change if it appears to the Commission available for inspection and copying at of the Act,9 in particular. Section 6(b)(5) that such action is necessary or the principal office of the Exchange. All of the Act requires, among other things, appropriate in the public interest, for submissions should refer to the File No. that an exchange have rules that are the protection of investors, or otherwise SR–NYSE–2002–31 and should be designed to promote just and equitable in furtherance of the purposes of the submitted by October 30, 2002. principles of trade, to remove Act. For the Commission, by the Division of impediments to and perfect the A proposed rule change filed under Market Regulation, pursuant to delegated mechanisms of a free and open market Rule 19b–4(f)(6) normally does not authority.15 and a national market system, and, in become operative prior to 30 days after general, to protect investors and the the date of filing. However, Rule 19b– Margaret H. McFarland, public interest. 4(f)(6) permits the Commission to Deputy Secretary. designate a shorter time if such action [FR Doc. 02–25672 Filed 10–8–02; 8:45 am] B. Self-Regulatory Organization’s is consistent with the protection of BILLING CODE 8010–01–P Statement on Burden on Competition investors and the public interest. The The Exchange does not believe that NYSE has requested that the the proposed rule change will impose Commission waive the 30-day pre- SECURITIES AND EXCHANGE any burden on competition that is not operative waiting period, which will COMMISSION necessary or appropriate in furtherance allow the proposed administrative rule changes and codification of Exchange of the purposes of the Act. [Release No. 34–46593; File No. SR–OCC– policies to take effect immediately. 2002–23] C. Self-Regulatory Organization’s According to the NYSE, the proposed Statement on Comments on the filing consists of formal codification of Self-Regulatory Organizations; The Proposed Rule Change Received From several Exchange policies previously Members, Participants, or Others Options Clearing Corporation; Notice approved by the Commission and the of Filing of a Proposed Rule Change The Exchange has neither solicited reordering of several other Exchange Relating to Physically-Settled Futures nor received written comments on the rules. Therefore, the Exchange believes on Narrow-Based Stock Indexes proposed rule change. that the proposed rule change is noncontroversial, addresses the October 2, 2002. III. Date of Effectiveness of the administration of Exchange rules, and Proposed Rule Change and Timing for should take effect immediately. In light Pursuant to section 19(b)(1) of the Commission Action of these considerations, the Securities Exchange Act of 1934 1 The proposed rule change has been Commission, consistent with the (‘‘Act’’), notice is hereby given that on filed by the Exchange as a ‘‘non- protection of investors and the public September 30, 2002, The Options controversial’’ rule change pursuant to interest, has determined to designate the Clearing Corporation (‘‘OCC’’) filed with section 19(b)(3)(A) of the Act 10 and proposed rule change as operative the Securities and Exchange Rule 19b–4(f)(6) thereunder.11 Because immediately.14 Commission (‘‘Commission’’) the the foregoing proposed rule change: (1) proposed rule change as described in IV. Solicitation of Comments Does not significantly affect the Items I, II, and III below, which items protection of investors or the public Interested persons are invited to have been prepared primarily by OCC. interest, (2) does not impose any submit written data, views, and The Commission is publishing this significant burden on competition, and arguments concerning the foregoing, notice to solicit comments on the (3) by its terms does not become including whether the proposed rule proposed rule change from interested change is consistent with the Act. persons. 6 This policy was last amended in SR–NYSE–93– Persons making written submissions I. Self-Regulatory Organization’s 19, approved by Securities Exchange Act Release should file six copies thereof with the No. 32890 (September 14, 1993), 58 FR 48916 Statement of the Terms of Substance of Secretary, Securities and Exchange the Proposed Rule Change (September 20, 1993). Commission, 450 Fifth Street, NW., 7 This policy was last approved in SR–NYSE–94– 46, Securities Exchange Act Release No. 35343 (Feb. Washington, DC 20549–0609. Copies of The proposed rule change would 8, 1995), 60 FR 8437 (Feb. 14, 1995). The last the submission, all subsequent amend OCC’s by-laws and rules to proposed amendment to this policy was made in provide for the clearance and settlement SR–NYSE–2000–11 (March 2, 2000) (not yet 12 15 U.S.C. 78s(b)(3)(A). of transactions in physically-settled approved). 1317 CFR 240.19b–4(f)(6)(iii). 8 futures on narrow-based stock indexes. 15 U.S.C. 78f(b). 14 For the purposes only of accelerating the 9 15 U.S.C. 78f(b)(5). operative date of this proposal, the Commission has 10 15 U.S.C. 78s(b)(3)(A). considered the proposed rules impact on efficiency, 15 17 CFR 200.30–3(a)(12). 11 17 CFR 240.19b–4(f)(6)(iii). competition, and capital formation. 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1).

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II. Self-Regulatory Organization’s futures. They do not, however, provide multiple deliverables as a result of Statement of the Purpose of, and for physically-settled index futures.4 corporate events. Statutory Basis for, the Proposed Rule The purpose of the present rule change The following discussion describes Change is to amend those rules as necessary to revisions to particular by-laws or rules In its filing with the Commission, provide for clearance and settlement of that are of particular significance or OCC included statements concerning this additional type of security future. appear to require explanation. Where the purpose of and basis for the ONE proposes to trade physically- special provisions for physically-settled proposed rule change and discussed any settled narrow-based index futures that narrow-based index futures are needed, comments it received on the proposed would allow a participant to take a they are proposed to be added primarily rule change. The text of these statements position in defined economic sectors in either the basic rules in Articles VI may be examined at the places specified such as airlines, computers, investment of the By-Laws, Clearance of Exchange in Item IV below. OCC has prepared banking, and semiconductors. These Transactions, or to the rules governing summaries, set forth in sections (A), (B), futures contracts will require the seller security futures generally, which are in and (C) below, of the most significant at maturity of the contract to deliver to Article XII of the By-Laws, Futures and aspects of such statements.2 the buyer a specified number of shares Futures Options, and Chapter XIII of the (to be set initially at 100 shares or Rules, Futures and Futures Options. (A) Self-Regulatory Organization’s multiples thereof, subject to adjustments Chapter IX of the Rules, Delivery of Statement of the Purpose of, and to reflect certain corporate events such Underlying Securities and Payments, Statutory Basis for, the Proposed Rule as stock splits) of each of the constituent governing settlement of delivery Change securities in the index. The number of obligations with respect to underlying Introduction deliverable shares of each security will stocks also would be amended slightly. essentially define the index. Many other proposed changes are not The proposed amendments would ONE intends that the constituent discussed individually because they are provide for the clearance and settlement stocks will be represented in an index merely conforming changes, constitute of physically-settled futures on narrow- under an approximate equal-dollar minor, nonsubstantive changes to based stock indexes under the same weighting formula. OneChicago will existing by-laws and rules, or are basic rules and procedures recently rebalance the index periodically to otherwise self-explanatory. approved by the Commission for the account for relative price changes of the clearance and settlement of other constituent securities. ONE may also New and Amended Definitions security futures contracts.3 Delivery of change constituent securities from time OCC proposes to define several the constituent securities of an to time so that the index better reflects additional terms applicable to underlying narrow-based index would the particular industry sector. New physically-settled narrow-based index be effected pursuant to the same rules classes of contracts will be opened after futures and to include those terms in and procedures currently applicable to each rebalancing or change in the Article I of the By-Laws, Definitions, the clearance and settlement of stock composition of the index. Existing because they are used throughout the options and physically-settled stock contracts will be unaffected by these by-laws and rules. The new definitions futures. rebalancing changes and will continue are mostly self-explanatory, but a few Background and Brief Product trading until expiration. terms that are of particular significance Description are described below. Overview of OCC’s Proposed Rule The term ‘‘aggregate purchase price’’ As amended by the Commodity Changes would be amended to identify the total Futures Modernization Act of 2000 OCC has determined that physically- price against which all of the (‘‘CFMA’’), section 3(a)(55) of the Act settled index futures may be readily deliverable securities would be defines the term ‘‘security future’’ to settled in a manner similar to delivered at maturity of a physically- include ‘‘a contract of sale for future physically-settled stock futures. As is settled narrow-based index future. For delivery of * * * a narrow-based the case with stock futures and stock purposes of settlement, that aggregate security index, including any interest options, delivery of the underlying purchase price will then be apportioned therein or based on the value thereof.’’ would ordinarily be made through the among the constituent securities of the CFMA does not specify or restrict the National Securities Clearing Corporation underlying index (as described in means by which a narrow-based (‘‘NSCC’’) with OCC’s broker-to-broker ‘‘Amendments to Chapter IX of the security index future can be settled. settlement procedures as a fallback in Rules’’ below). OneChicago LLC (‘‘ONE’’) has proposed the event that a deliverable security is The amendment to the definition of to include physically-settled index ineligible to be settled through NSCC. ‘‘final settlement price’’ would provide futures among the contracts listed for ONE has determined to set the final that the final settlement price of a trading through its facilities and has settlement price against which delivery futures contract could be determined by asked OCC to provide clearing and will be made based on the price of the reference to the value of the underlying settlement services for those contracts. future rather than using the cash prices or, as ONE proposes in the case of OCC’s existing rules for clearing of the constituent stocks. The prices that physically-settled narrow-based index security futures contracts, which were OCC would provide to NSCC with futures, by reference to the final approved by the Commission in 2001, respect to each underlying constituent settlement price of the futures contract provide for the clearance of cash-settled security would be determined by itself. stock futures and index futures and for allocating the final futures settlement The term ‘‘class’’ would be amended the clearance of physically-settled stock price to each constituent security in to clarify that only physically-settled proportion to its weighting in the index. narrow-based index futures that have 2 The Commission has modified parts of these This would be essentially the same way identical constituent securities and statements. that OCC currently handles the identical weightings of such securities 3 E.g., Securities Exchange Act Releases No. 44434 (June 15, 2001), 66 FR 33283 [File No. SR– settlement of equity options that have in the index underlying such future OCC–2001–05 and 44727 (August 20, 2001), 66 FR belong to the same ‘‘class.’’ This 45351 [File No. SR–OCC–2001–07]. 4 Id. amendment reflects OCC’s intention to

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treat a class of physically-settled remainder of the section and in the securities. This allocation would be narrow-based index futures contracts interpretations and policies following made by OCC in consultation with ONE that has been rebalanced as a separate the section. Subparagraphs (2)–(4) of in the case of physically-settled narrow- class of futures contracts. section 19(a), which are substantively based index futures traded on that The new term ‘‘deliverable security’’ identical but dealt with different types market. In the adjustment situation, the would be defined broadly to include of contracts, would be consolidated into allocation is made solely by OCC. The any security that might be deliverable new subparagraph (2). Section 19(c) precise allocation among the deliverable with respect to any physically-settled would be redrafted for clarity and securities is ordinarily not material cleared contract. This term would be would not effect substantive changes to because any overpayment for one created primarily to avoid possible the treatment of contracts previously deliverable will result in an confusion from use of the term addressed by that section. Item 7 under underpayment for another. ‘‘underlying security’’ to mean a Interpretation and Policy .02 to section particular constituent security in an 19 would no longer be necessary and Amendments to Chapter XIII of the underlying index. Similarly, the term would be deleted in its entirety. Rules ‘‘deliverable amount’’ is used to refer to Chapter XIII of the Rules, Futures and Amendments to Article XII of the By- the number of shares or other units of Futures Options, governs, inter alia, Laws a particular constituent security that is variation payments and delivery deliverable with respect to a single Article XII, Futures and Futures obligations for futures and futures contract. Options, sets out the basic provisions options. Variation payments for The term ‘‘physically-settled narrow- for futures and futures options. Section physically-settled narrow-based index based index future’’ would be added to 2(a), which sets forth the general rights futures would be determined under the distinguish these products from cash- and obligations of buyers and sellers of existing rules with no change except to settled narrow-based index futures. The futures and futures options, would be the definition of ‘‘final settlement price’’ definition of ‘‘narrow-based index amended to set out the general rights as described above. Rule 1302, Delivery future’’ would be amended to and obligations of buyers and sellers of of Deliverable Securities, would be encompass both cash- and physically- physically-settled narrow-based index amended by adding a new subparagraph settled narrow-based index futures, and futures. A new sentence would be (b) to provide that at maturity of a the definition of ‘‘security future’’ added to section 3(a) clarifying that physically-settled narrow-based index would be amended to include a specific determinations of adjustments required future, the seller and buyer of such a reference to stock futures and narrow- to reflect certain events with respect to future would be obligated, respectively, based index futures. the constituent securities of the index to deliver and receive the deliverable underlying a physically-settled narrow- Amendments to Article VI of the By- amount of each constituent security of based index futures contact would be Laws the index underlying the future. made by the exchange or security OCC believes that the proposed rule Article VI, Clearance of Exchange futures market on which such futures change is consistent with the purposes Transactions, sets out the basic terms of are traded. It is anticipated that the and requirements of Section 17A of the option contracts and the general rules exchange or security futures market on Act because it provides for the efficient for the clearance of exchange which such futures are traded would clearance and settlement of physically- transactions. These basic rules apply to determine the deliverable amount for settled narrow-based index futures by stock options, and except where they each constituent security in the index, adapting existing OCC rules that have are replaced or modified by the by-laws and that this would effectively define been approved as effective in promoting in later articles specifically applicable to the index. Accordingly, OCC believes the prompt and accurate clearance and other products, they apply to those that adjustments should be made by the settlement of both single stock futures other OCC cleared products. An market (as the source of the index) and cash-settled narrow-based index amendment to section 10(d) would be rather than by OCC. futures. added to clarify the mechanism for determination of the deliverable amount Amendments to Chapter IX of the Rules (B) Self-Regulatory Organization’s with respect to each constituent security As noted above, the Rules in Chapter Statement on Burden on Competition in a series of physically-settled narrow- IX, Delivery of Underlying Securities OCC does not believe that the based index futures. Section 19 and Payment relating to delivery of and proposed rule change would impose any previously addressed shortages of payment for underlying securities burden on competition. ‘‘underlying’’ securities. The title would would be modified to apply to the be modified to refer to the new term constituent securities in an index (C) Self-Regulatory Organization’s ‘‘deliverable securities.’’ Section 19 underlying a physically-settled narrow- Statement on Comments on the would be modified generally to provide based security future. The proposed Proposed Rule Change Received From for contracts, including but not limited changes have been drafted more Members, Participants, or Others to physically-settled narrow-based generally, however, to cover other Written comments were not and are index futures, which may call for situations where there may be multiple not intended to be solicited with respect delivery of multiple securities. This deliverables as in the case of certain to the proposed rule change, and none could also be the case, for example, adjustments to options and futures on have been received. where a stock option or stock future has single stocks as referred to above. The been adjusted as the result of a special allocation of an aggregate purchase price III. Date of Effectiveness of the distribution or other corporate event. As among multiple deliverables is Proposed Rule Change and Timing for proposed, section 19 would provide for necessary so that each security can be Commission Action the partial settlement of contracts that settled against its own purchase price in Within thirty five days of the date of may have multiple deliverable case delivery of all the deliverable publication of this notice in the Federal securities, not all of which are affected securities is not simultaneous. The price Register or within such longer period (i) by the shortage. Various conforming would be allocated in proportion to as the Commission may designate up to changes would be made in the recent market prices for the deliverable ninety days of such date if it finds such

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longer period to be appropriate and damage as a result of this disaster may In addition, applications for economic publishes its reasons for so finding or be filed until the close of business on injury loans from small businesses (ii) as to which the self-regulatory December 2, 2002, and for economic located in the following contiguous organization consents, the Commission injury until the close of business on July counties may be filed until the specified will: 3, 2003, at the address listed below or date at the above location: Forrest, (a) By order approve the proposed other locally announced locations: Franklin, George, Lamar, Lincoln, rule change or U.S. Small Business Administration, Marion, Perry, Walthall and Wilkinson (b) Institute proceedings to determine Disaster Area 2 Office, One Baltimore in the State of Mississippi; Mobile whether the proposed rule change Place, Suite 300, Atlanta, GA 30308. County in the State of Alabama; and should be disapproved. The interest rates are: East Feliciana, St. Helena, St. Tammany, Tangipahoa and Washington Parishes in IV. Solicitation of Comments Percent the State of Louisiana. Interested persons are invited to The interest rates are: submit written data, views, and For Physical Damage: arguments concerning the foregoing, Homeowners With Credit Percent including whether the proposed rule Available Elsewhere ...... 6.625 change is consistent with the Act. Homeowners Without Credit For Physical Damage: Persons making written submissions Available Elsewhere ...... 3.312 Homeowners With Credit should file six copies thereof with the Businesses With Credit Available Elsewhere ...... 6.625 Homeowners Without Credit Secretary, Securities and Exchange Available Elsewhere ...... 7.000 Businesses and Non-Profit Available Elsewhere ...... 3.312 Commission, 450 Fifth Street NW., Organizations Without Businesses With Credit Washington, DC 20549–0609. Copies of Credit Available Else- Available Elsewhere ...... 7.000 the submission, all subsequent where ...... 3.500 Businesses and Non-Profit amendments, all written statements Others (Including Non-Profit Organizations Without with respect to the proposed rule Organizations) With Credit Credit Available Else- change that are filed with the Available Elsewhere ...... 6.375 where ...... 3.500 Commission, and all written For Economic Injury: Businesses Others (Including Non-Profit communications relating to the and Small Agricultural Co- Organizations) With Credit Available Elsewhere ...... 6.375 proposed rule change between the operatives Without Credit Available Elsewhere 3.500 For Economic Injury: Businesses Commission and any person, other than and Small Agricultural Co- those that may be withheld from the The number assigned to this disaster operatives Without Credit public in accordance with the for physical damage is 345006 for Available Elsewhere ...... 3.500 provisions of 5 U.S.C. 552, will be Georgia and for economic injury is available for inspection and copying in 9R8700. The number assigned to this disaster the Commission’s Public Reference for physical damage is 345111. For Section, 450 Fifth Street NW., Dated: October 3, 2002. economic injury the number is 9R8800 Washington, DC 20549. Copies of such (Catalog of Federal Domestic Assistance for Mississippi; 9R8900 for Alabama; filing will also be available for Program Nos. 59002 and 59008) and 9R9000 for Louisiana. inspection and copying at the principal Hector V. Barreto, (Catalog of Federal Domestic Assistance office of OCC. All submissions should Administrator. Program Nos. 59002 and 59008) refer to the File No. SR–OCC–2002–23 [FR Doc. 02–25687 Filed 10–8–02; 8:45 am] Dated: October 2, 2002. and should be submitted by October 24, BILLING CODE 8025–01–P Herbert L. Mitchell, 2002. Associate Administrator for Disaster For the Commission by the Division of Assistance. Market Regulation, pursuant to delegated SMALL BUSINESS ADMINISTRATION [FR Doc. 02–25689 Filed 10–8–02; 8:45 am] authority.5 [Declaration of Disaster #3451] BILLING CODE 8025–01–P Margaret H. McFarland, Deputy Secretary. State of Mississippi [FR Doc. 02–25674 Filed 10–8–02; 8:45 am] SMALL BUSINESS ADMINISTRATION BILLING CODE 8010–01–P As a result of the President’s major disaster declaration on October 1, 2002, [Declaration of Disaster #3448; Amendment I find that Amite, Hancock, Harrison, #1] SMALL BUSINESS ADMINISTRATION Jackson, Pearl River, Pike and Stone Counties in the State of Mississippi State of Texas [Declaration of Disaster #3450] constitute a disaster area due to In accordance with a notice received damages caused by Tropical Storm from the Federal Emergency State of Georgia Isidore occurring on September 23, Management Agency, dated September Fulton County and the contiguous 2002, and continuing. Applications for 30, 2002, the above numbered counties of Carroll, Cherokee, Clayton, loans for physical damage as a result of declaration is hereby amended to Cobb, Coweta, DeKalb, Douglas, Fayette, this disaster may be filed until the close establish the incident period for this Forsyth and Gwinnett in the State of of business on December 2, 2002 and for disaster as beginning on September 6, Georgia constitute a disaster area due to economic injury until the close of 2002, and continuing through damages caused by heavy rains and business on July 1, 2003 at the address September 30, 2002. localized flooding that occurred on listed below or other locally announced All other information remains the September 21 and 22, 2002. locations: same, i.e., the deadline for filing Applications for loans for physical U.S. Small Business Administration, applications for physical damage is Disaster Area 2 Office, One Baltimore November 25, 2002, and for economic 5 17 CFR 200.30–3(a)(12). Place, Suite 300, Atlanta, GA 30308. injury the deadline is June 26, 2003.

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(Catalog of Federal Domestic Assistance 6265 or (202) 493–6170, or e-mail to Mr. technology (e.g., permitting electronic Program Nos. 59002 and 59008) Brogan at [email protected], or submission of responses). See 44 U.S.C. Dated: October 3, 2002. to Ms. Debra Steward at 3506(c)(2)(A)(I)–(iv); 5 CFR Herbert L. Mitchell, [email protected]. Please refer 1320.8(d)(1)(I)–(iv). FRA believes that Associate Administrator for Disaster to the assigned OMB control number in soliciting public comment will promote Assistance. any correspondence submitted. FRA its efforts to reduce the administrative [FR Doc. 02–25688 Filed 10–8–02; 8:45 am] will summarize comments received in and paperwork burdens associated with BILLING CODE 8025–01–P response to this notice in a subsequent the collection of information mandated notice and include them in its by Federal regulations. In summary, information collection submission to FRA reasons that comments received DEPARTMENT OF TRANSPORTATION OMB for approval. will advance three objectives: (i) Reduce FOR FURTHER INFORMATION CONTACT: Mr. reporting burdens; (ii) ensure that it Federal Railroad Administration Robert Brogan, Office of Planning and organizes information collection Evaluation Division, RRS–21, Federal requirements in a ‘‘user friendly’’ format Proposed Agency Information Railroad Administration, 1120 Vermont to improve the use of such information; Collection Activities; Comment Ave., NW., Mail Stop 17, Washington, and (iii) accurately assess the resources Request DC 20590 (telephone: (202) 493–6292) expended to retrieve and produce or Debra Steward, Office of Information information requested. See 44 U.S.C. AGENCY: Federal Railroad Technology and Productivity 3501. Administration, DOT. Improvement, RAD–20, Federal Below is a brief summary of the ACTION: Notice. Railroad Administration, 1120 Vermont currently approved ICRs that FRA will SUMMARY: In accordance with the Ave., NW., Mail Stop 35, Washington, submit for clearance by OMB as Paperwork Reduction Act of 1995 and DC 20590 (telephone: (202) 493–6139). required under the PRA: its implementing regulations, the (These telephone numbers are not toll- Title: Inspection and Maintenance Federal Railroad Administration (FRA) free.) Standards for Steam Locomotives. hereby announces that it is seeking SUPPLEMENTARY INFORMATION: The OMB Control Number: 2130–0505. renewal of the following currently Paperwork Reduction Act of 1995 Abstract: The Locomotive Boiler approved information collection (PRA), Public Law 104–13, section 2, Inspection Act (LBIA) of 1911 required 109 Stat. 163 (1995) (codified as revised activities. Before submitting these each railroad subject to the Act to file at 44 U.S.C. 3501–3520), and its information collection requirements copies of its rules and instructions for implementing regulations, 5 CFR Part (ICRs) for clearance by the Office of the inspection of locomotives. The 1320, require Federal agencies to Management and Budget (OMB), FRA is original LBIA was expanded to cover provide 60-days notice to the public for soliciting public comment on specific the entire steam locomotive and tender comment on information collection aspects of the activities identified and all its parts and appurtenances. activities before seeking approval for below. This Act then requires carriers to make reinstatement or renewal by OMB. 44 inspections and to repair defects to DATES: Comments must be received no U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), ensure the safe operation of steam later than December 9, 2002. 1320.10(e)(1), 1320.12(a). Specifically, locomotives. The collection of ADDRESSES: Submit written comments FRA invites interested respondents to on any or all of the following proposed comment on the following summary of information is used by tourist or historic activities by mail to either: Mr. Robert proposed information collection railroads and by locomotive owners/ Brogan, Office of Safety, Planning and activities regarding (i) whether the operators to provide a record for each Evaluation Division, RRS–21, Federal information collection activities are day a steam locomotive is placed in Railroad Administration, 1120 Vermont necessary for FRA to properly execute service, as well as a record that the Ave., NW., Mail Stop 17, Washington, its functions, including whether the required steam locomotive inspections DC 20590, or Ms. Debra Steward, Office activities will have practical utility; (ii) are completed. The collection of of Information Technology and the accuracy of FRA’s estimates of the information is also used by FRA Federal Productivity Improvement, RAD–20, burden of the information collection inspectors to verify that necessary safety Federal Railroad Administration, 1120 activities, including the validity of the inspections and tests have been Vermont Ave., NW., Mail Stop 35, methodology and assumptions used to completed and to ensure that steam Washington, DC 20590. Commenters determine the estimates; (iii) ways for locomotives are indeed ‘‘safe and requesting FRA to acknowledge receipt FRA to enhance the quality, utility, and suitable’’ for service and are properly of their respective comments must clarity of the information being operated and maintained. include a self-addressed stamped collected; and (iv) ways for FRA to Affected Public: Businesses. postcard stating, ‘‘Comments on OMB minimize the burden of information Respondent Universe: 82 owners/ control number 2130–0505, or OMB collection activities on the public by operators. control number 2130–0548.’’ automated, electronic, mechanical, or Frequency of Submission: On Alternatively, comments may be other technological collection occasion; annually. transmitted via facsimile to (202) 493– techniques or other forms of information Reporting Burden:

Total annual CFR section Respondent universe Total annual responses Average time per re- burden Total annual sponse hours burden cost

230.6—Waivers ...... 82 owners ...... 2 waiver letters ...... 1 hour ...... 2 $68 230.12—Conditions for movement— 82 owners/operators .... 10 tags ...... 6 minutes ...... 1 30 Non-Complying Locomotives. 230.14—31 Service Day Inspection 82 owners/operators .... 100 reports ...... 20 minutes ...... 33 990 —Notifications ...... 82 owners/operators .... 2 notifications ...... 5 minutes ...... 17 6

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Total annual CFR section Respondent universe Total annual responses Average time per re- burden Total annual sponse hours burden cost

230.15—92 Service Day Inspection 82 owners/operators .... 100 reports ...... 20 minutes ...... 33 990 230.16—Annual Inspection ...... 82 owners/operators .... 100 reports ...... 30 minutes ...... 50 1,500 —Notifications ...... 82 owners/operators .... 100 notifications ...... 5 minutes ...... 8 272 230.17—1,472 Service Day Inspec- 82 owners/operators .... 10 forms ...... 30 minutes ...... 5 150 tion. 230.20—Alteration Reports for 82 owners/operators .... 5 reports ...... 1 hour ...... 5 150 Steam Locomotive Boilers. 230.21—Steam Locomotive Number 82 owners/operators .... 1 document ...... 2 minutes ...... 033 1 Change. 230.33—Welded Repairs/Alterations 82 owners/operators .... 5 letters ...... 10 minutes ...... 1 34 —Written Request to FRA for 82 owners/operators .... 5 letters ...... 10 minutes ...... 1 34 Approval—Unstayed Sur- faces. 230.34—Riveted Repairs/Alterations 82 owners/operators .... 10 requests ...... 5 minutes ...... 1 34 230.49—Setting of Safety Relief 82 owners/operators .... 38 tags ...... 2 minutes ...... 1. 25 38 Valves. 230.96—Main, Side, and Valve Mo- 82 owners/operators .... 1 letter ...... 10 minutes ...... 17 5 tion Rods. Record Keeping Requirements: 230.13—Daily Inspection Reports ... 82 owners/oper...... 3,650 reports ...... 2 minutes ...... 122 3,660 230.17—1,472 Service Day Inspec- 82 owners/operators .... 10 reports ...... 15 minutes ...... 3 90 tion. 230.18—Service Day Report ...... 82 owners/operators .... 150 reports ...... 15 minutes ...... 38 1,140 230.19—Posting of Copy ...... 82 owners/operators .... 300 forms ...... 1 minute ...... 5 15 230.41—Flexible Stay Bolts with 82 owners/operators .... 10 entries ...... 1 minute ...... 17 5 Caps. 230.46—Badge Plates ...... 82 owners/operators .... 3 reports ...... 30 minutes ...... 2 60 230.47—Boiler Number ...... 82 owners/operators .... 1 report ...... 15 minutes ...... 25 8 230.75—Stenciling Dates of Tests 82 owners/operators .... 50 tests ...... 15 minute ...... 1 30 and Cleaning. 230.98—Driving, Trailing, and En- 82 owners/operators .... 1 stamp ...... 15 minutes ...... 25 8 gine Truck Axles—Journal Diame- ter Stamped. 230.116—Oil Tanks ...... 82 owners/operators .... 10 signs ...... 1 minute ...... 17 5

Total Responses: 4,674. FRA regulations implementing the debt for these purposes, or the Estimated Total Annual Burden: 313 preference share program were development of new intermodal or hours. eliminated on February 9, 1996, due to railroad facilities. The aggregate unpaid Status: Extension of a Currently the fact that the authorization for the principal amounts of obligations can not Approved Collection. program expired (28 FR 4937). The FRA exceed $3.5 billion at any one time and Title: Railroad Rehabilitation and regulations implementing the loan not less than $1 billion is to be available Improvement Financing Program. guarantee provisions of Title V of the solely for projects benefitting freight OMB Control Number: 2130–0548. Act are contained in 49 CFR Part 260. railroads other than Class I carriers. Abstract: Prior to the enactment of the Section 7203 of TEA 21, Public Law Affected Public: State and local Transportation Equity Act for the 21st 105–178 (June 9, 1998), replaces the governments, governments sponsored Century (‘‘TEA 21’’), Title V of the existing Title V financing programs. The authorities and corporations, railroads Railroad Revitalization and Regulatory collection of information is used by FRA (including Amtrak), and joint ventures Reform Act of 1976 (the ‘‘Act’’), 45 staff to determine the financial that include at least one railroad. U.S.C. 821 et seq., authorized FRA to eligibility of applicants for a loan or provide railroad financial assistance loan guarantee regarding eligible Respondent Universe: 21,956 through the purchase of preference projects for the improvement/ potential applicants. shares (45 U.S.C. 825), and the issuance rehabilitation of rail equipment or Frequency of Submission: Annual. of loan guarantees (45 U.S.C. 831). The facilities, the refinancing of outstanding Reporting Burden:

Average time per re- Total annual Total annual CFR section Respondent universe Total annual responses sponse burden burden cost (in hours) hours

260.23—Form and content of application 21,956 potential applicants 20 applications ...... 20 400 $16,036 generally. 260.25—Additional information for appli- 555 applicants ...... 18 financial document pkgs 40 720 27,936 cants without credit ratings. 260.31—Execution and filing of application: —Certificate of President ...... 21,956 pot. applicants ...... 20 certificates ...... 6 12 526 —Certificate of Chief Financial Offi- 21,956 pot. applicants ...... 20 certificates ...... 6 12 519 cer.

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Average time per re- Total annual Total annual CFR section Respondent universe Total annual responses sponse burden burden cost (in hours) hours

—Transmittal letter ...... 21,956 pot. applicants ...... 20 letters ...... 6 12 519 —Copy/mail app. pkg ...... 21,956 pot. applicants ...... 20 app. pkgs ...... 1.5 30 912 260.33—Information Request ...... 21,956 pot. applicants ...... 20 statements ...... 1 20 851 260.35—Environmental Assessment ...... 21,956 pot. applicants ...... 1 envir. Doc ...... 4,475 4,475 537,000 260.43—Inspection and Reporting ...... 21,956 pot. applicants ...... 20 Docs ...... 10 200 8,510

Total Responses: 159. SUPPLEMENTARY INFORMATION: collected; and ways to minimize the Estimated Total Annual Burden: burden of the collection of information National Highway Traffic Safety 5,881 hours. on respondents, including the use of Administration Status: Extension of a Currently automated collection techniques or Approved Collection. Title: Reporting of Information and other forms of information technology. Pursuant to 44 U.S.C. 3507(a) and 5 Documents About Potential Defects— A Comment to OMB is most effective CFR 1320.5(b), 1320.8(b)(3)(vi), FRA Retention of Records 49 CFR part 579. if OMB receives it within 30 days of informs all interested parties that it may OMB Number: 2127–0616. publication. not conduct or sponsor, and a Type of Request: Extension of a respondent is not required to respond Issued in Washington, DC, on October 4, currently approved collection. 2002. to, a collection of information unless it Affected Public: Business or other for- Delmas Maxwell Johnson, displays a currently valid OMB control profit. number. Abstract: The Transportation Recall Associate Administrator for Administration. [FR Doc. 02–25706 Filed 10–8–02; 8:45 am] Authority: 44 U.S.C. 3501–3520. Enhancement, Accountability, and BILLING CODE 4910–59–P Issued in Washington, DC on October 3, Documentation (TREAD) Act was 2002. enacted on November 1, 2000, Public Kathy A. Weiner, Law 106–414. This Act includes a requirement that the National Highway DEPARTMENT OF THE TREASURY Director, Office of Information Technology and Support Systems, Federal Railroad Traffic Safety Administration (NHTSA) conduct Early Warning Reporting (EWR) Departmental Offices; Privacy Act of Administration. 1974; System of Records [FR Doc. 02–25645 Filed 10–8–02; 8:45 am] rulemaking to require manufacturers of motor vehicles and motor vehicle BILLING CODE 4910–06–P AGENCY: Departmental Offices, Treasury. equipment to submit information, ACTION: Notice of Proposed New Privacy periodically or upon NHTSA’s request, Act System of Records. DEPARTMENT OF TRANSPORTATION that includes claims for deaths and serious injuries, property damage data, SUMMARY: In accordance with the National Highway Traffic Safety communications to customers and requirements of the Privacy Act of 1974, Administration others, information on incidents as amended, 5 U.S.C. 552a, the Treasury resulting in fatalities or serious injuries Department, Departmental Offices, gives Reports, Forms and Record Keeping from possible defects in vehicles or notice of a newly proposed system of Requirements; Agency Information equipment in the United States or in records, ‘‘Treasury/DO .214–DC Collection Activity Under OMB Review identical or substantially similar Pensions Retirement Records.’’ AGENCY: National Highway Traffic vehicles or equipment in a foreign DATES: Comments must be received no Safety Administration, DOT. country, and other information that later than November 8, 2002. The ACTION: Notice. would assist NHTSA in identifying proposed new system of records will potential safety-related defects. The become effective November 18, 2002 SUMMARY: In compliance with the intent of this legislation is to provide unless comments are received which Paperwork Reduction Act of 1995 (44 early warning of such potential safety- would result in a contrary U.S.C. 3501 et seq.), this notice related defects. determination. announces that the Information Estimated Burden Hours: 240,284. Collection Request (ICR) abstracted Number of Respondents: 444. ADDRESSES: Send written comments to Department of the Treasury, ATTN: below has been forwarded to the Office ADDRESSES: Send comments, within 30 Marc Rigrodsky, Office of the General of Management and Budget (OMB) for days, to the Office of Information and review and comment. The ICR describes Counsel, 1500 Pennsylvania Avenue Regulatory Affairs, Office of NW., Room 1410, Washington, DC the nature of the information collections Management and Budget, 725–17th and their expected burden. The Federal 20220, or to Street, NW., Washington, DC 20503, [email protected]. Register Notice with a 60-day comment Attention NHTSA Desk Officer. period was published on June 25, 2002 Comments are invited on: Whether FOR FURTHER INFORMATION CONTACT: (67 FR 42844–42846). the proposed collection of information Marc Rigrodsky, (202) 622–0450. DATES: Comments must be submitted on is necessary for the proper performance SUPPLEMENTARY INFORMATION: The or before November 8, 2002. of the functions of the Department, Department of the Treasury FOR FURTHER INFORMATION CONTACT: including whether the information will (Department) is establishing the DC George Person, National Highway have practical utility; the accuracy of Pensions Retirement Records system to Traffic Safety Administration, Office of the Department’s estimate of the burden assist the Department in carrying out its Defects Investigation, 202–366–5210. of the proposed information collection; responsibilities under Title XI of the 400 Seventh Street, SW., Room 5326, ways to enhance the quality, utility and Balanced Budget Act of 1997, Pub. L. Washington, DC 20590. clarity of the information to be 105–33, as amended (the Act), for

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administering and paying retirement SYSTEM LOCATION: the Act, may be eligible for Federal benefits for certain teachers, police Director, Office of D.C. Pensions, benefit payments. It also contains officers, firefighters, and judges who Department of the Treasury, information concerning health benefit were or are employed by the Metropolitan Square, Washington, DC and group life insurance enrollment/ government of the District of Columbia 20220. Certain records pertaining to change in enrollment. Also included are (District). The Federal Government is Federal benefit payments are located medical records and supporting responsible for paying police officers,’’ with contractors engaged by the evidence for disability retirement firefighters’, and teachers’ retirement Department of the Treasury applications, and documentation benefits based upon service accrued (Department), bureaus of the regarding their acceptance or rejection. through June 30, 1997. The District is Department, and the government of the Consent forms and other records related responsible for paying benefits based District of Columbia (District). to the withholding of State income tax upon service accrued after June 30, from annuitant payments, whether 1997. The Federal Government is CATEGORIES OF INDIVIDUALS COVERED BY THE physically maintained by the State or responsible for paying judges’ SYSTEM: the Department, are included in this retirement benefits regardless of when a. Former District teachers, police system. they accrued. All benefit payments that officers and firefighters who performed These records contain the following are the responsibility of the Federal service subject to the District’s information: Government under the three District retirement plans for teachers, and police a. Documentation of District service retirement programs (police-firefighters, officers and firefighters, on or before subject to the retirement plans for teachers, and judges) are referred to June 30, 1997. District teachers, police officers, herein as ‘‘Federal benefit payments.’’ b. Former District judges, regardless of firefighters, and judges. Benefit payments for service accrued their dates of service. b. Documentation of service credit after June 30, 1997, to which an c. Current District teachers, police and refund claims made by District individual is entitled under the officers, firefighters, who have teachers, police officers, firefighters, and District’s Replacement Plan for police performed service prior to July 1, 1997: judges under their retirement plans who officers, firefighters and teachers, are the (1) that may make them eligible to are potentially eligible for Federal responsibility of the District. receive Federal benefit payments; benefit payments. This system of records will consist of (2) who have filed a designation of c. Documentation of retirement information furnished by the subjects of beneficiary for Federal benefit contributions made by eligible teachers, the records, the District and other payments; or police officers, firefighters, and judges. entities or persons that will enable the (3) who have filed a service credit d. Retirement and death claims files applicable to Federal benefit payments, Department to calculate and verify application in connection with former including documents supporting the eligibility for, and calculate amounts of, Federal service; or retirement application, health benefits, Federal benefit payments payable by the (4) who have filed an application for and life insurance eligibility, medical Department under the Act. The records disability retirement with the District or records supporting disability claims, in this system will be maintained the Secretary of the Treasury (Secretary) and who are waiting for a final decision, and designations of beneficiary. indefinitely. Because records in the e. Enrollment and change in system are retrieved by individual whose disability retirement application has been approved by the District or the enrollment information under the identifier, including by name, social Federal Employees Health Benefits security number and an automatically Secretary, or whose disability retirement application has been disapproved by the Program, the employee health benefits assigned, system generated number, the program for District employees, the Privacy Act of 1974, as amended, District or the Secretary, and who will receive or would have received Federal Federal Employee Group Life Insurance requires a general notice of the existence Program and the employee group life of this system of records to the public. benefit payments if their applications are or had been approved. insurance program for District The new system of records report, as employees. required by 5 U.S.C. 552a(r) of the d. Current District judges; e. Former District teachers, police f. Court orders submitted by former Privacy Act, has been submitted to the spouses of District teachers, police Committee on Government Operations officers, firefighters, and judges who died entitled to or while receiving officers, firefighters, and judges in of the House of Representatives, the support of claims for Federal benefit Federal benefit payments, or their Committee on Governmental Affairs of payments. surviving spouses, and/or children and/ the Senate, and the Office of g. Records relating to overpayments of Management and Budget, pursuant to or dependent parents. Federal benefit payments and other f. Former spouses of District teachers, Appendix I to OMB Circular A–130, debts arising from the Federal police officers, firefighters, and judges, ‘‘Federal Agency Responsibilities for Government’s responsibility to who have received or are receiving Maintaining Records About administer the retirement plans for Federal benefit payments, or who have Individuals,’’ dated November 30, 2000. District judges, police officers, filed a court order awarding future The proposed system of records, firefighters, and teachers, and records benefits. ‘‘Treasury/DO .214–D.C. Pensions relating to other Federal debts owed by Retirement Records,’’ is published in its CATEGORIES OF RECORDS IN THE SYSTEM: recipients of Federal benefit payments. entirety below. This system comprises retirement AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Dated: October 2, 2002. service history records of employee Title XI, Subtitle A, chapters 1 W. Earl Wright, Jr., service in the District, the Federal through 9, and Subtitle C, chapter 4, Chief, Management and Administrative Government, and other entities upon Programs Officer. subchapter B of the Balanced Budget which Federal benefit payments may be Act of 1997, Pub. L. 105–33. TREASURY/DO .214. based. Also included in the system are current personnel data pertaining to PURPOSE(S): SYSTEM NAME: active District teachers, police officers, These records provide information on D.C. Pensions Retirement Records. firefighters, and judges who, by virtue of which to base determinations of:

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eligibility for, and computation of, (D) The United States, when the retirement on disability) being paid, or Federal benefit payments; eligibility and Department determines that litigation is if not, whether a refund has been paid. premiums for health insurance and likely to affect the Department or any of 12. When an individual to whom a group life insurance; and withholding of its components; or record pertains dies, to disclose to any State income taxes from annuities. (E) The Federal funds established by person possibly entitled in the These records also may be used to locate the Act to pay Federal benefit payments; applicable order of precedence for individuals for personnel research. is a party to litigation or has an interest lump-sum benefits, information in the in such litigation, and the use of such individual’s record that might properly ROUTINE USES OF RECORDS MAINTAINED IN THE records by the Department of Justice or be disclosed to the individual, and the SYSTEM, INCLUDING CATEGORIES OF USERS AND name and relationship of any other THE PURPOSES OF SUCH USES: the Department is deemed by the Department of Justice or the Department person whose claim for benefits takes These records may be used: to be relevant and necessary to the precedence or who is entitled to share 1. To disclose pertinent information the benefits payable. to the appropriate Federal, State, or litigation provided, however, that the disclosure is compatible with the 13. To disclose information to any local agency responsible for person who is legally responsible for the investigating, prosecuting, enforcing, or purpose for which records were collected. care of an individual to whom a record implementing a statute, rule, regulation, pertains, or who otherwise has an or order, where the Department becomes 7. To disclose information to contractors, subcontractors, financial existing, facially-valid Power of aware of an indication of a violation or Attorney, information necessary to potential violation of civil or criminal agents, grantees, or volunteers performing or working on a contract, assure payment of Federal benefit law or regulation. payments to which the individual is 2. To disclose information to a service, grant, cooperative agreement, or job for the Department, including the entitled. Federal agency, in response to its 14. To disclose to the Parent Locator District. request in connection with the hiring or Service of the Department of Health and 8. To disclose, to the following retention of an employee, the issuance Human Services, upon its request, the recipients, information needed to of a security clearance, the conducting present address of a Federal benefit adjudicate a claim for Federal benefit of a suitability or security investigation payments annuitant or survivor, or a payments under the retirement plans for of an individual, the classifying of jobs, former employee entitled to deferred District teachers, police officers, the letting of a contract, or the issuance Federal benefit payments, for enforcing firefighters, and judges, or information of a license, grant, or other benefit by child support obligations of such needed to conduct an analytical study of the requesting agency, to the extent that individual. the information is relevant and benefits being paid under such 15. In connection with an necessary to the requesting agency’s programs as: Social Security examination ordered by the District or decision on the matter. Administration’s Old Age, Survivor and the Secretary of the Treasury under 3. To provide information to a Disability Insurance and Medical (A) Medical examination procedures; congressional office from the record of Programs, military retired pay programs; or an individual in response to an inquiry and Federal civilian employee (B) Involuntary disability retirement from that congressional office made at retirement programs (Civil Service procedures to disclose to the the request of that individual. Retirement System, Federal Employees representative of an employee, notices, 4. To disclose information to another Retirement System, and other Federal decisions, other written Federal agency, to a court, or a party in retirement systems). communications, or any other pertinent litigation before a court or in an 9. To disclose to the U.S. Office of medical evidence other than medical administrative proceeding being Personnel Management (OPM) and to evidence about which a prudent conducted by a Federal agency, when the District information necessary to physician would hesitate to inform the the Federal Government is a party to the verify the election, declination, or individual; such medical evidence will judicial or administrative proceeding. In waiver of regular and/or optional life be disclosed only to a licensed those cases where the Federal insurance coverage. physician, designated in writing for that Government is not a party to the 10. To disclose to health insurance purpose by the individual or his or her proceeding, records may be disclosed if carriers contracting with OPM to representative. The physician must be a subpoena has been signed by a judge. provide a health benefits plan under the capable of explaining the contents of the 5. To disclose information to the Federal Employees Health Benefits medical record(s) to the individual and National Archives and Records Program or health insurance carriers be willing to provide the entire record(s) Administration for use in records contracting with the District to provide to the individual. management inspections. a health benefits plan under the health 16. To disclose information to any 6. To disclose information to the benefits program for District employees, source from which the Department Department of Justice, or in a Social Security Numbers and other seeks additional information that is proceeding before a court, adjudicative information necessary to identify relevant to a determination of an body, or other administrative body enrollment in a plan, to verify eligibility individual’s eligibility for, or before which the Department is for payment of a claim for health entitlement to, coverage under the authorized to appear, when: benefits, or to carry out the coordination applicable retirement, life insurance, (A) The Department, or any for benefits provisions of such contracts. and health benefits program, to the component thereof; 11. To disclose to any inquirer, if extent necessary to obtain the (B) Any employee of the Department sufficient information is provided to information requested. in his or her official capacity; assure positive identification of an 17. To disclose information to the (C) Any employee of the Department individual on whom the Department Office of Management and Budget at any in his or her individual capacity where maintains records, the fact that an stage of the legislative coordination and the Department of Justice or the individual is or is not on the retirement clearance process in connection with Department has agreed to represent the rolls, and if so, the type of annuity private relief legislation as set forth in employee; (employment or survivor, but not OMB Circular No. A–19.

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18. To disclose to a Federal agency, in administrative agency in connection POLICIES AND PRACTICES FOR STORING, response to its request, the address of an with a garnishment, attachment, or RETRIEVING, SAFEGUARDING, RETAINING AND annuitant or applicant for refund of similar proceeding to enforce an DISPOSING OF RECORDS IN THE SYSTEM: retirement deductions, if the agency alimony or a child support obligation. STORAGE: requires that information in connection 24. To disclose to a former spouse These records are maintained on with the collection of a debt due the information necessary to explain how magnetic tapes, disks, microfiche, and United States. that former spouse’s benefit was in paper folders. 19. To disclose to a State agency computed. responsible for the collection of State RETRIEVABILITY: 25. To disclose information necessary income taxes the information required to locate individuals who are owed These records are retrieved by the by an agreement authorized by law to money or property by a Federal, State or name and/or Social Security Number implement voluntary State income tax local government agency, or by a and/or an automatically assigned, withholdings from Federal benefit financial institution or similar system generated number, of the payments. individual to whom they pertain. 20. To disclose to the Social Security institution, to the government agency Administration the names and Social owing or otherwise responsible for the SAFEGUARDS: money or property (or its agent). Security Numbers of Federal benefit Records are kept in lockable metal file payment annuitants when necessary to 26. To disclose information necessary cabinets or in a secured facility with determine: (1) Their vital status as in connection with the review of a access limited to those persons whose shown in the Social Security Master disputed claim for health benefits to a official duties require access. Data in Records; and (2) whether retirees health plan provider participating in the electronic format may also be password receiving Federal benefit payments Federal Employees Health Benefits protected. Personnel screening and under the District’s retirement plan for Program or the health benefits program training are employed to prevent police officers and firefighters with for employees of the District, and to a unauthorized disclosure. post-1956 military service credit are program enrollee or covered family eligible for or are receiving old age or member or an enrollee or covered family RETENTION AND DISPOSAL: survivors benefits under section 202 of member’s authorized representative. All records on a claim for retirement, the Social Security Act based upon their 27. To disclose to an agency of a State including salary and service history, wages and self-employment income. or local government, or a private survivor annuity elections and tax and 21. To disclose to Federal, State, and individual or association engaged in other withholdings are maintained local government agencies information volunteer work, identifying and address permanently. Records not relevant to about retirees and survivors under the information and other pertinent facts, the calculation, administration, and retirement plans administered by the for the purpose of developing an payment of Federal benefit payments Department pursuant to the Act, application by such an entity or person are disposed of in accordance with including name, Social Security to serve as a representative payee for a Department guidelines. Disposal of Number, date of birth, sex, health person who is mentally incompetent or paper records and microfiche is by benefit enrollment code, retirement under other legal disability and who is shredding or burning; magnetic tapes date, retirement code (type of or may be eligible for Federal benefit and discs are erased. retirement), annuity rate, pay status of payments. SYSTEM MANAGER(S) AND ADDRESS: case, correspondence address, and ZIP 28. To disclose information to another code, to help eliminate fraud and abuse Federal agency for the purpose of Director, Office of DC Pensions, U.S. in a benefits program administered by a effecting administrative or salary offset Department of the Treasury, requesting Federal, State, or local against a person employed by that Washington, DC 20220. government agency, to ensure agency or receiving or eligible to receive compliance with Federal, State, and NOTIFICATION PROCEDURE: benefit payments from the agency when local government tax obligations by Individuals seeking notification and the Department as a creditor has a claim persons receiving Federal benefits access to any record contained in the against that person relating to Federal payments under such retirement plans, system of records, or seeking to contest benefit payments. and to collect debts and overpayments its contents, should contact the system owed to the requesting Federal, State, or 29. To disclose information manager. Individuals must furnish the local government agency. concerning delinquent debts relating to following information for their records 22. To disclose to a Federal agency, or Federal benefit payments to other to be located and identified: a person or an organization under Federal agencies for the purpose of a. Name, including all former names. contract with a Federal agency to render barring delinquent debtors from b. Date of birth. collection services for a Federal agency obtaining Federal loans or loan c. Social Security Number. as permitted by law, in response to a insurance guarantees pursuant to 31 d. Name and address of office in written request from the head of the U.S.C. 3720B. which currently and/or formerly agency or his designee, or from the debt 30. To disclose information employed in the District. collection contractor, the following data concerning delinquent debts relating to e. Annuity, service credit, or concerning an individual owing a debt Federal benefit payments to State and voluntary contributions account to the Federal Government: (A) The local governments, for the purpose of number, if assigned. debtor’s name, address, Social Security collecting such debts. f. Automatically assigned, system Number, and other information generated number, if known. necessary to establish the identity of the DISCLOSURES TO CONSUMER REPORTING Individuals requesting amendment of AGENCIES: individual; and (B) the amount, status, their records must also follow the and history of the debtor’s Federal Pursuant to 5 U.S.C. 552a(b)(12), Department’s Privacy Act regulations benefit payments. disclosures may be made from this regarding verification of identity and 23. To disclose, as permitted by law, system to consumer reporting agencies amendment of records (31 CFR part 1 information to a State court or in accordance with 31 U.S.C. 3711(e). subpart C, appendix A).

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RECORD ACCESS PROCEDURE: SUMMARY: The Department of the d. Ways to minimize the burden of the See ‘‘Notification procedure,’’ above. Treasury, as part of its continuing effort information collection on respondents, to reduce paperwork and respondent including through the use information CONTESTING RECORD PROCEDURE: burden, invites the general public and technology. See ‘‘Notification procedure,’’ above. other Federal agencies to comment on We will summarize the comments proposed and continuing information that we receive and include them in the RECORD SOURCE CATEGORIES: collections, as required by the OTS request for OMB approval. All The information in this system is Paperwork Reduction Act of 1995, 44 comments will become a matter of obtained from: U.S.C. 3507. The Office of Thrift public record. In this notice, OTS is a. The individual to whom the Supervision within the Department of soliciting comments concerning the information pertains. the Treasury will submit the proposed following information collection. b. District pay, leave, and allowance information collection requirement Title of Proposal: External Audit. records. described below to the Office of OMB Number: 1550–0102. c. Health benefits and life insurance Management and Budget (OMB) for Form Number: N/A. plan systems records maintained by the review, as required by the Paperwork Regulation requirement: N/A. Office of Personnel Management and the Reduction Act. Today, OTS is soliciting Description: The Federal Bank District. public comments on the proposal. Regulatory Agencies issued the d. Federal civilian retirement systems. ‘‘Interagency Policy Statement on e. Military retired pay system records. DATES: Submit written comments on or before December 9, 2002. External Auditing Programs of Banks f. Social Security Old Age, Survivor, and Savings Associations.’’ The Policy ADDRESSES: and Disability Insurance and Medicare Send comments, referring to Statement recommends that institutions Programs. the collection by title of the proposal or with less than $500 million in assets g. Health insurance carriers and plans by OMB approval number, to voluntarily have an external auditing participating in the Federal Employee Information Collection Comments, Chief program. The Policy Statement Health Benefits Program and the health Counsel’s Office, Office of Thrift encourages the external auditing benefits program for employees of the Supervision, 1700 G Street, NW., program to include an annual audit of District. Washington, DC 20552; send a facsimile their financial statements by an h. Official personnel folders. transmission to (202) 906–6518; or send independent public accountant. i. The individual’s co-workers and an e-mail to Type of Review: Renewal. supervisors. [email protected]. Affected Public: Savings Associations. j. Physicians who have examined or OTS will post comments and the related Estimated Number of Respondents: treated the individual. index on the OTS Internet Site at http:/ 1,000. k. Former spouses of the individual to /www.ots.treas.gov. In addition, Estimated Frequency of Response: 3. whom the information pertains. interested persons may inspect Estimated Burden Hours per l. State courts or support enforcement comments at the Public Reading Room, Response: .25 hours. agencies. 1700 G Street, NW., by appointment. To Estimated Total Burden: 750 hours. m. Credit bureaus. make an appointment, call (202) 906– Clearance Officer: Marilyn K. Burton, n. The District Police and Firefighters’ 5922, send an e-mail to (202) 906–6467, Office of Thrift Retirement and Relief Board. [email protected], or send a Supervision, 1700 G Street, NW., o. The District Board of Education. facsimile transmission to (202) 906– Washington, DC 20552. p. The District Public Charter School 7755. Board. Dated: October 2, 2002. FOR FURTHER INFORMATION CONTACT: You q. District public charter schools. Deborah Dakin, can request additional information r. The Executive Office of the District Deputy Chief Counsel, Regulations and of Columbia Courts. about this proposed information Legislation Division. s. The General Services collection from Christine Smith, (202) [FR Doc. 02–25647 Filed 10–8–02; 8:45 am] 906–5740, Office of Thrift Supervision, Administration National Payroll Center. BILLING CODE 6720–01–P t. The District Retirement Board. 1700 G Street, NW., Washington, DC u. The District Office of Personnel. 20552. v. The District Office of the Chief SUPPLEMENTARY INFORMATION: OTS may DEPARTMENT OF THE TREASURY Financial Officer. not conduct or sponsor an information collection, and respondents are not Office of Thrift Supervision EXEMPTIONS CLAIMED FOR THE SYSTEM: required to respond to an information Proposed Agency Information None. collection, unless the information Collection Activities; Comment collection displays a currently valid [FR Doc. 02–25693 Filed 10–8–02; 8:45 am] Request—Release of Non-Public OMB control number. As part of the BILLING CODE 4810–94–P Information approval process, we invite comments on the following information collection. AGENCY: Office of Thrift Supervision DEPARTMENT OF THE TREASURY Comments should address one or (OTS), Treasury. more of the following points: ACTION: Notice and request for comment. Office of Thrift Supervision a. Whether the proposed collection of information is necessary for the proper SUMMARY: The Department of the Proposed Agency Information performance of the functions of OTS; Treasury, as part of its continuing effort Collection Activities; Comment b. The accuracy of OTS’s estimate of to reduce paperwork and respondent Request—External Audit the burden of the proposed information burden, invites the general public and AGENCY: Office of Thrift Supervision collection; other Federal agencies to comment on (OTS), Treasury. c. Ways to enhance the quality, proposed and continuing information utility, and clarity of the information to collections, as required by the ACTION: Notice and request for comment. be collected; Paperwork Reduction Act of 1995, 44

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U.S.C. 3507. The Office of Thrift public record. In this notice, OTS is Washington, DC 20503, or e-mail to Supervision within the Department of soliciting comments concerning the [email protected]; and the Treasury will submit the proposed following information collection. Information Collection Comments, Chief information collection requirement Title of Proposal: Release of Non- Counsel’s Office, Office of Thrift described below to the Office of Public Information. Supervision, 1700 G Street, NW., Management and Budget (OMB) for OMB Number: 1550–0081. Washington, DC 20552, by fax to (202) review, as required by the Paperwork Form Number: N/A. 906–6518, or by e-mail to Reduction Act. Today, OTS is soliciting Regulation requirement: 12 CFR [email protected]. public comments on the proposal. 510.5. OTS will post comments and the related Description: The information DATES: Submit written comments on or index on the OTS Internet Site at collection provides an orderly before December 9, 2002. www.ots.treas.gov. In addition, mechanism for expeditious processing interested persons may inspect ADDRESSES: Send comments, referring to of requests from the public (including comments at the Public Reading Room, the collection by title of the proposal or litigants in lawsuits where OTS is not a 1700 G Street, NW., by appointment. To by OMB approval number, to party) for non-public or confidential make an appointment, call (202) 906– Information Collection Comments, Chief OTS information (documents and 5922, send an e-mail to Counsel’s Office, Office of Thrift testimony), while preserving OTS’s [email protected], or send a Supervision, 1700 G Street, NW., need to maintain the confidentiality of facsimile transmission to (202) 906– Washington, DC 20552; send a facsimile such information. 7755. transmission to (202) 906–6518; or send Type of Review: Renewal. FOR FURTHER INFORMATION CONTACT: To an e-mail to Affected Public: Savings Associations. obtain a copy of the submission to OMB, [email protected]. Estimated Number of Respondents: contact Marilyn K. Burton at OTS will post comments and the related 36. index on the OTS Internet Site at http:/ Estimated Frequency of Response: On [email protected], (202) /www.ots.treas.gov. In addition, occasion. 906–6467, or facsimile number (202) interested persons may inspect Estimated Burden Hours per 906–6518, Regulations and Legislation comments at the Public Reading Room, Response: 5 hours. Division, Chief Counsel’s Office, Office 1700 G Street, NW., by appointment. To Estimated Total Burden: 180 hours. of Thrift Supervision, 1700 G Street, make an appointment, call (202) 906– Clearance Officer: Marilyn K. Burton, NW., Washington, DC 20552. 5922, send an e-mail to (202) 906–6467, Office of Thrift SUPPLEMENTARY INFORMATION: OTS may [email protected], or send a Supervision, 1700 G Street, NW., not conduct or sponsor an information facsimile transmission to (202) 906– Washington, DC 20552. collection, and respondents are not required to respond to an information 7755. Dated: October 2, 2002. collection, unless the information FOR FURTHER INFORMATION CONTACT: You Deborah Dakin, collection displays a currently valid can request additional information Deputy Chief Counsel, Regulations and OMB control number. As part of the about this proposed information Legislation Division. approval process, we invite comments collection from Thomas J. Segal, (202) [FR Doc. 02–25648 Filed 10–8–02; 8:45 am] on the following information collection. 906–7230, Office of Thrift Supervision, BILLING CODE 6720–01–P Title of Proposal: Voluntary 1700 G Street, NW., Washington, DC Dissolution. 20552. OMB Number: 1550–0066. SUPPLEMENTARY INFORMATION: OTS may DEPARTMENT OF THE TREASURY Form Number: OTS Form 1499, also known as Form DV. not conduct or sponsor an information Office of Thrift Supervision collection, and respondents are not Regulation requirement: 12 CFR 546.4. required to respond to an information Submission for OMB Review; collection, unless the information Description: 12 CFR 546.4 provides Comment Request—Voluntary for federal associations to voluntarily collection displays a currently valid Dissolution OMB control number. As part of the dissolve through the submission of a approval process, we invite comments AGENCY: Office of Thrift Supervision statement of reasons and plan of on the following information collection. (OTS), Treasury. dissolution. Approval is required by the Comments should address one or ACTION: Notice and request for comment. board of directors, OTS, and the more of the following points: association’s members. Plans for a. Whether the proposed collection of SUMMARY: The proposed information dissolution may be denied if OTS information is necessary for the proper collection requirement described below believes the plan is not in the best performance of the functions of OTS; has been submitted to the Office of interests of concerned parties. b. The accuracy of OTS’s estimate of Management and Budget (OMB) for Type of Review: Renewal. review, as required by the Paperwork Affected Public: Savings Associations. the burden of the proposed information Estimated Number of Respondents: 4. collection; Reduction Act of 1995. OTS is soliciting public comments on the proposal. Estimated Frequency of Response: c. Ways to enhance the quality, Event-generated. utility, and clarity of the information to DATES: Submit written comments on or Estimated Burden Hours per be collected; before November 8, 2002. Response: 80 hours plus 690 hours for d. Ways to minimize the burden of the ADDRESSES: Send comments, referring to third party requirements. information collection on respondents, the collection by title of the proposal or Estimated Total Burden: 3,080 hours. including through the use information by OMB approval number, to OMB and Clearance Officer: Marilyn K. Burton, technology. OTS at these addresses: Joseph F. (202) 906–6467, Office of Thrift We will summarize the comments Lackey, Jr., Office of Information and Supervision, 1700 G Street, NW., that we receive and include them in the Regulatory Affairs, Office of Washington, DC 20552. OTS request for OMB approval. All Management and Budget, Room 10235, OMB Reviewer: Joseph F. Lackey, Jr., comments will become a matter of New Executive Office Building, (202) 395–7316, Office of Management

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and Budget, Room 10202, New Dated: October 3, 2002. Executive Office Building, Washington, Deborah Dakin, DC 20503. Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. 02–25696 Filed 10–8–02; 8:45 am] BILLING CODE 6720–01–P

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Corrections Federal Register Vol. 67, No. 196

Wednesday, October 9, 2002

This section of the FEDERAL REGISTER Sepetmber 27, 2002, make the following DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, Federal Motor Carrier Safety and Notice documents. These corrections are §1942.5 [Corrected] Administration prepared by the Office of the Federal On page 60854, in the first column, in Register. Agency prepared corrections are §1942.5, after paragraph (a)(2), in the 49 CFR Parts 350 and 390 issued as signed documents and appear in next paragraph, in the first line, ‘‘(1)’’ the appropriate document categories should read ‘‘(3)’’. elsewhere in the issue. Motor Carrier Safety Regulations; [FR Doc. C2–24621 Filed 10–8–02; 8:45 am] Technical Amendments BILLING CODE 1505–01–D Correction DEPARTMENT OF AGRICULTURE In rule document 02–24728 beginning DEPARTMENT OF DEFENSE Rural Housing Service on page 61818 in the issue of Department of the Army Wednesday, October 2, 2002, make the Rural Business Cooperative Service following corrections: Board of Visitors, United States Rural Utilities Service Military Academy § 350.213 [Corrected] Correction 1. On page 61820, in the third Farm Service Agency column, in § 350.213, in the second line, In notice document 02–25180 ‘‘§ 350.201(1)’’ should read, appearing on page 62038 in the issue of 7 CFR Part 1942 ‘‘§ 350.201(q)’’. Thursday, October 3, 2002, make the Associations—Community Facilities following correction: § 390.27 [Corrected] Loans On page 62038, in the second column, under the heading ‘‘Date’’, ‘‘November 2. On page 61824, in the first column, Correction 18, 2002’’ should read ‘‘November 8, in § 390.27, in ‘‘Note 1’’, in the third 2002’’. line, ‘‘(State’’ should read, ‘‘(State)’’. In rule document 02–24621 beginning [FR Doc. C2–24728 Filed 10–8–02; 8:45 am] on page 60853 in the issue of Friday, [FR Doc. C2–25180 Filed 10–8–02; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D

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Part II

Department of Transportation Federal Railroad Administration

49 CFR Parts 219, et al. Conforming the Federal Railroad Administration’s Accident/Incident Reporting Requirements to the Occupational Safety and Health Administration’s Revised Reporting Requirements; Other Amendments; Proposed Rule

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DEPARTMENT OF TRANSPORTATION 13221, Notice No. 1) in such comment 2. FRA’s Current and Proposed Reporting or request. You may submit your Criteria Applicable to Employees of a Federal Railroad Administration comments and related material, or Contractor to a Railroad request for a public hearing, by only one 3. Reporting Criteria Applicable to 49 CFR Parts 219, 225, and 240 Illnesses of the following methods: E. Proposed Technical Revision to [Docket No. FRA–2002–13221, Notice No. By mail to the Docket Management § 225.21, ‘‘Forms’’ 1] System, Department of Transportation, F. Proposed Technical Revision to Room PL–401, 400 7th Street, SW., § 225.23, ‘‘Joint Operations’’ RIN 2130–AB51 Washington, DC 20590–0001; or G. Proposed Revisions to § 225.25, Electronically through the Web site ‘‘Recordkeeping’’ Conforming the Federal Railroad 1. Privacy Concern Cases Administration’s Accident/Incident for the Docket Management System at 2. Claimed Illnesses for which Work- Reporting Requirements to the http://dms.dot.gov. For instructions on Relatedness Is Doubted Occupational Safety and Health how to submit comments or a request a. Recording claimed illnesses Administration’s Revised Reporting for a public hearing electronically, visit b. FRA review of railroads’ work- Requirements; Other Amendments the Docket Management System Web relatedness determinations site and click on the ‘‘help’’ menu. 3. Technical Amendments AGENCY: Federal Railroad The Docket Management Facility H. Proposed Addition of § 225.39, ‘‘FRA Administration (FRA), Department of maintains the public docket for this Policy Statement on Covered Data’’ Transportation (DOT). I. Proposed Revisions to Chapter 1 of the rulemaking. Comments and documents Guide, ‘‘Overview of Accident/Incident ACTION: Notice of proposed rulemaking as indicated in this preamble will Reporting and Recordkeeping (NPRM) and request for comments. become part of this docket and will be Requirements’’ available for inspection or copying at J. Proposed Revisions to Chapter 6 of the SUMMARY: FRA proposes to conform, to Room PL–401 on the Plaza Level of the Guide, pertaining to Form FRA F the extent practicable, its regulations on Nassif Building at the same address 6180.55a, ‘‘Railroad Injury and Illness accident/incident reporting to the during regular business hours. You may Summary (Continuation Sheet)’ revised reporting regulations of the also obtain access to this docket on the 1. Changes in How Days Away from Work Occupational Safety and Health Internet at http://dms.dot.gov. and Days of Restricted Work Are Administration (OSHA), U.S. Counted For more detailed information on 2. Changes in the ‘‘Cap’’ on Days Away Department of Labor. This action will OSHA’s revised reporting regulations, permit the comparability of data on from Work and Days Restricted; see http://safetydata.fra.dot.gov/OSHA- Including All Calendar Days in the occupational fatalities, injuries, and materials. Count of Days Away from Work and illnesses in the railroad industry with Days of Restricted Work Activity such data for other industries, will FOR FURTHER INFORMATION CONTACT: For 3. Definitions of ‘‘Medical Treatment’’ and allow the integration of these railroad technical issues, Robert L. Finkelstein, ‘‘First Aid’’ industry data into national statistical Staff Director, Office of Safety Analysis, a. Counseling databases, and will enhance the quality RRS–22, Mail Stop 17, Office of Safety, b. Eye patches, butterfly bandages, Steri- of information available for railroad FRA, 1120 Vermont Ave., NW., StripsTM, and similar items casualty analysis. In addition, FRA Washington, DC 20590 (telephone 202– c. Immobilization of a body part proposes to make certain other 493–6280). For legal issues, Anna L. d. Prescription versus non-prescription Nassif, Trial Attorney, or David H. medication amendments to its accident reporting K. Proposed Revisions to Chapter 7 of the regulations unrelated to conforming to Kasminoff, Trial Attorney, Office of Guide, ‘‘Rail Equipment Accident/ OSHA’s revised reporting regulations. Chief Counsel, RCC–12, Mail Stop 12, Incident Report’ Finally, FRA proposes minor changes to FRA, 1120 Vermont Ave., NW., L. Proposed New Chapter 12 of the Guide its alcohol and drug regulations and Washington, DC 20590 (telephone 202– on Reporting by Commuter Railroads locomotive engineer qualifications 493–6166 or 202–493–6043, M. Proposed Changes in Reporting of regulations in those areas that respectively). Accidents/Incidents involving Remote incorporate concepts from its accident Control Locomotives SUPPLEMENTARY INFORMATION: Note that, reporting regulations. N. Proposed Changes in Circumstance for brevity, references to a section in Codes (Appendix F of the Guide) DATES: (1) Written Comments: Written part 225 will omit ‘‘49 CFR’’; e.g. O. Proposed Changes in Three Forms comments on the proposed rule must be § 225.5. (Appendix H of the Guide) received by November 8, 2002. P. Miscellaneous Issues regarding Part 225 Comments received after that date will Table of Contents for Supplementary or the Guide be considered to the extent possible Information 1. Longitude and Latitude Blocks for Two without incurring additional expense or I. Overview of OSHA’s Revised Reporting Forms delay. Regulations and FRA’s Proposal 2. Train Accident Cause Code ‘‘Under (2) Public Hearing: If any person II. Proceedings to Date and Summary of Investigation’’ (Appendix C of the Guide) Issues Addressed by the Working Group 3. ‘‘Most Authoritative’: Determining desires an opportunity for oral III. Issues Addressed by the Working Group Work-Relatedness and Other Aspects of comment, he or she should notify FRA A. Applicability of Part 225—§ 225.3 Reportability in writing and specify the basis for the B. Proposed Revisions and Additions to 4. Job Title versus Job Function request. FRA will schedule a public Definitions in the Regulatory Text— 5. ‘‘Recording’’ versus ‘‘Reporting’’ hearing in connection with this § 225.5 IV. Section-by-Section Analysis proceeding if the agency receives a C. Proposed Revisions to Provision on V. Regulatory Impact and Notices written request for hearing by November Telephonic Reporting—§ 225.9 A. Executive Order 12866 and DOT 8, 2002. D. Proposed Revisions to Criteria for Regulatory Policies and Procedures Reporting Occupational Fatalities, B. Regulatory Flexibility Act of 1980 and ADDRESSES: Anyone wishing to file a Injuries, and Illnesses—§ 225.19(d) Executive Order 13272 comment or request a public hearing 1. FRA’s Current and Proposed Reporting C. Paperwork Reduction Act of 1995 should refer to the FRA docket and Criteria Applicable to Railroad D. Federalism Implications notice numbers (Docket No. FRA–2002– Employees E. Environmental Impact

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F. Unfunded Mandates Reform Act of 1995 railroad industry, and where it may not to the full RSAC. When FRA presented G. Energy Impact be practical for FRA’s regulations to be the subject of revising its accident VI. List of Subjects maintained in conformity with OSHA’s reporting regulations and Guide to I . Overview of OSHA’s Revised Final Rule. Such divergence from RSAC, the agency stated that the Reporting Regulations and FRA’s OSHA’s Final Rule is permitted under a purpose of the task was to bring FRA’s Proposal provision of the rule: regulations and Guide into conformity with OSHA’s Final Rule, and to make On January 19, 2001, OSHA If you create records to comply with certain other technical amendments. published revised regulations entitled, another government agency’s injury and The task was accepted, and a working ‘‘Occupational Injury and Illness illness recordkeeping requirements, OSHA group was established to complete the Recording and Reporting Requirements; will consider those records as meeting OSHA’s Part 1904 recordkeeping task. Final Rule,’’ including a lengthy requirements if OSHA accepts the other Members of the Working Group, in preamble that explains OSHA’s agency’s records under a memorandum of addition to FRA, include representatives rationale for these amendments. See 66 understanding with that agency, or if the of the following 26 entities: the FR 5916, to be codified at 29 CFR parts other agency’s records contain the same American Public Transportation 1904 and 1952; see also 66 FR 52031 information as this Part 1904 requires you to Association (APTA); the National record. (October 12, 2001) and 66 FR 66943 Railroad Passenger Corporation (December 27, 2001) (collectively, Emphasis added. See 29 CFR 1904.3. (Amtrak); the Association of American OSHA’s Final Rule). A side-by-side Specific provisions of part 225 that do Railroads (AAR); The American Short comparison of OSHA’s previous not or may not conform to OSHA’s Final Line and Regional Railroad Association reporting and recordkeeping provisions Rule are discussed in detail in the (ASLRRA); the Brotherhood of with OSHA’s new requirements appears preamble. Locomotive Engineers (BLE); the at Appendix A of this NPRM. OSHA’s Finally, FRA proposes other Brotherhood of Railroad Signalmen Final Rule became effective, with the miscellaneous amendments to part 225 (BRS); Transportation Communications exception of three provisions, on and the Guide, including revisions not International Union/Brotherhood January 1, 2002. See 66 FR 52031; see solely related to railroad occupational Railway Carmen (TCIU/BRC); Canadian also 67 FR 44037 (July 1, 2002) and 67 casualties, such as the telephonic National Railway Company (CN) and FR 44124 (July 1, 2002). reporting of a train accident that fouls Illinois Central Railroad Company (IC); FRA’s railroad accident/incident a main line track used for scheduled the Sheet Metal Workers International reporting regulations, which are passenger service. Association; the Brotherhood of codified at 49 CFR part 225 (part 225), II. Proceedings to Date and Summary of Maintenance of Way Employees include, among other provisions, (BMWE); The Burlington Northern and sections that pertain to railroad Issues Addressed by the Working Group Santa Fe Railway Company (BNSF); occupational fatalities, injuries, and Canadian Pacific Railway Company illnesses; these sections are consistent FRA has developed this proposal (CP); Consolidated Rail Corporation— with prior OSHA regulations, with through its Railroad Safety Advisory Shared Assets (CR); CSX Transportation, minor exceptions. These sections of Committee (RSAC). RSAC was formed Inc. (CSX); Norfolk Southern Railway FRA’s accident/incident regulations that by FRA in March of 1996 to provide a Company (NS); Union Pacific Railroad concern railroad occupational casualties forum for consensual rulemaking and Company (UP); The Long Island Rail should be maintained, to the extent program development. The Committee Road (LIRR); Maryland Transit practicable, in general conformity with had representation from all of the Administration (MARC); Southern OSHA’s recordkeeping and reporting agency’s major interest groups, California Regional Rail Authority regulations to permit comparability of including railroad carriers, labor (Metrolink); Virginia Railway Express data on occupational casualties between organizations, suppliers, manufacturers, (VRE); Trinity Rail (TR); North Carolina various industries, to allow integration and other interested parties. FRA Department of Transportation (NCDOT); of railroad industry data into national typically proposes to assign a task to Northeast Illinois Regional Commuter statistical databases, and to improve the RSAC, and after consideration and Rail Corp. (Metra); the United quality of data available for analysis of debate, RSAC may accept or reject the Transportation Union (UTU); and casualties in railroad accidents/ task. If the task is accepted, RSAC Wisconsin Central Ltd. (WC). incidents. Accordingly, FRA proposes establishes a working group that The Working Group held a total of conforming amendments to its existing possesses the appropriate expertise and eight meetings related to this task accident/incident reporting regulations representation to develop statement. The first Working Group and Guide. Further, FRA proposes recommendations to FRA for action on meeting occurred on May 21–23, 2001, minor amendments to its alcohol and the task. These recommendations are in Washington, DC. A second meeting drug regulations (49 CFR part 219) (part developed by consensus. If a working was held on July 1–3, 2001, in 219) and locomotive engineer group comes to unanimous consensus Washington, DC. A third meeting was qualifications regulations (49 CFR part on recommendations for action, the held on August 7–8, 2001, in Denver, 240) (part 240) in those areas that package is presented to the full RSAC CO. A fourth meeting was held briefly incorporate terms from part 225. for a vote. If the proposal is accepted by on September 11, 2001, in Chicago, IL, Note: Throughout this preamble to the a simple majority of the RSAC, the but was cancelled due to the proposed rule, excerpts from OSHA proposal is formally recommended to extraordinary events that occurred on regulations are provided for the convenience FRA. If a working group is unable to that day. A fifth meeting was held on of the reader. The official version of the reach consensus on recommendations November 14–15, 2001, in St. Louis, OSHA regulations appears in 29 CFR part for action, FRA will move ahead to MO. A sixth meeting was held on 104. resolve the issue through traditional January 22–24, 2002, in Baltimore, MD. In addition, FRA proposes to draft a rulemaking proceedings. A seventh meeting was held on March memorandum of understanding (MOU) On April 23, 2001, FRA presented 12–13, 2002, in New Orleans, LA. An between FRA and OSHA to address task statement 2001–1, regarding eighth meeting was held on April 24– specific areas that are unique to the accident/incident reporting conformity, 25, 2002, in Washington, DC.

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As a result of these meetings, the incident reporting and recordkeeping employee take one or more days away Working Group developed consensus requirements; Chapter 2, containing from work, that the employee’s work recommendations to propose to change definitions; Chapter 4, pertaining to activity be restricted for one or more the FRA regulations and Guide with Form FRA F 6180.98, ‘‘Railroad days, or that the employee take over-the- respect to all issues presented except for Employee Injury and/or Illness Record’; counter medication at a dosage equal to one. Consensus could not be reached on Chapter 6, pertaining to Form FRA F or greater than the minimum whether railroads should be required to 6180.55a, ‘‘Railroad Injury and Illness prescription strength, whether or not the report deaths and injuries of the Summary (Continuation Sheet)’; and medication was taken). In part 240, the employees of railroad contractors who Chapter 7, pertaining to Form FRA F term ‘‘accidents or incidents reportable are killed or injured while off railroad 6180.54, ‘‘Rail Equipment Accident/ under part 225’’ is used in property. Currently, FRA interprets part Incident Report’; and to create a new § 240.117(e)(2). Instead of creating a 225 as not requiring the reporting of Chapter 12, pertaining to reporting by separate definition of the term for such cases. Since the end of the last commuter railroads, and a new Chapter purposes of part 240, an explicit Working Group session, FRA has 13, pertaining to new Form FRA F exception for covered data would be developed a compromise position and 6180.107, ‘‘Alternative Record for added to § 240.117(e)(2) itself. proposes that railroads not be required Illnesses Claimed to Be Work-Related.’’ Each of these issues is described in to report deaths or injuries to persons The Working Group also proposed to greater detail in the next sections of the who are not railroad employees that change various codes used in making preamble. The full RSAC has accepted occur while off railroad property unless accident/incident reports to FRA. These the recommendations of the Working they result from a train accident, a train codes are listed in appendices of the Group as to the changes to be proposed incident, a highway-rail grade crossing Guide. The Working Group supported for part 225 and the Guide on which accident/incident, or a release of a revising Appendix C, ‘‘Train Accident consensus was reached. With regard to hazardous material or other dangerous Cause Codes’; Appendix E, ‘‘Injury and the one issue on which consensus was commodity related to the railroad’s rail Illness Codes,’’ including revising codes not reached, and with regard to the transportation business. To accomplish related to the nature of the injury or minor proposed revisions to parts 219 this result, FRA proposes a three-tier illness, and the location of the injury; definition of the term ‘‘event or and 240, not presented to the Working and Appendix F, ‘‘Circumstance Group, the full RSAC has accepted FRA exposure arising from the operation of a Codes.’’ The latter included revising railroad.’’ See proposed § 225.5. staff recommendations. In turn, FRA’s codes related to the physical act the Administrator has adopted these This NPRM is intended to reflect a person was doing when hurt; where the Working Group consensus on all other recommendations, which are embodied person was located when injured; what, in this NPRM. issues, which are summarized in the if any, type of on-track equipment was following section of the preamble. With involved when the person was injured III. Issues Addressed by the Working regard to part 225, the Working Group or became ill; what event was involved Group recommended amending § 225.5, which that caused the person to be injured or A. Applicability of Part 225-§ 225.3 contains definitions; § 225.9, which become ill; what tools, machinery, pertains to telephonic reporting of appliances, structures, or surfaces were OSHA’s Final Rule states, ‘‘(1) If your certain accidents/incidents; and involved when the person was injured company had ten (10) or fewer § 225.19(d), which pertains to reporting or became ill; and the probable reason employees at all times during the last deaths, injuries, and occupational for the injury or illness. Further, the calendar year, you do not need to keep illnesses. To make certain other Working Group advocated revising OSHA injury and illness records unless miscellaneous conforming changes, the Appendix H, pertaining to accident/ OSHA or the BLS informs you in Working Group recommended incident reporting forms, particularly writing that you must keep records amending § 225.21, which pertains to Form FRA F 6180.78, ‘‘Notice to under § 1904.41 or § 1904.42.’’ 29 CFR forms; § 225.23(a), which pertains to Railroad Employee Involved in Rail 1904.1(a). FRA’s accident reporting joint operations; § 225.33, which Equipment Accident/Incident regulations do not have such an pertains to internal control plans; and Attributed to Employee Human Factor exemption from the central reporting § 225.35, which pertains to access to [and] Employee Statement requirements for railroads with ten or records and reports. To address occupational illnesses and injuries that Supplementing Railroad Accident fewer employees at all times during the are privacy concern cases, claimed Report,’’ and Form FRA F 6180.81, last calendar year. Rather, the extent occupational illnesses, and other issues, ‘‘Employee Human Factor Attachment.’’ and exercise of FRA’s delegated the Working Group also recommended Finally, the Working Group statutory safety jurisdiction are amending § 225.25, pertaining to recommended making additional addressed fully in 49 CFR part 209, recordkeeping. Finally, the Working conforming changes to the Guide. Appendix A, and the applicability of Group recommended adding a new With regard to part 219, FRA decided part 225 in particular is addressed in § 225.39, pertaining to FRA’s policy on that two terms used in that part, § 225.3. Under § 225.3(a), the central how FRA will maintain and make ‘‘reportable injury’’ and ‘‘accident or provisions of part 225 apply to: available to OSHA certain data FRA incident reportable under Part 225 of all railroads except— receives pertaining to cases that meet this chapter,’’ should be given a slightly (1) A railroad that operates freight trains the criteria as recordable injuries or different meaning. In particular, the only on track inside an installation which is illnesses under OSHA’s regulations and terms would be defined for purposes of not part of the general railroad system of that are reportable to FRA, but that part 219 as excluding accidents or transportation or that owns no track except incidents that are classified as ‘‘covered for track that is inside an installation that is would not count towards the data in not part of the general railroad system of totals compiled for FRA’s periodic data’’ under proposed § 225.5 (i.e., transportation and used for freight reports on injuries and illnesses. accidents or incidents that are operations. With regard to the Guide, the Working reportable solely because a physician or (2) Rail mass transit operations in an urban Group proposed to revise Chapter 1, other licensed health care professional area that are not connected with the general pertaining to an overview of accident/ recommended in writing that a railroad railroad system of transportation.

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(3) A railroad that exclusively hauls pertaining to telephonic reporting, and FRA’s responsibility. Receiving these passengers inside an installation that is the corresponding instructions related reports will assist FRA in discharging its insular or that owns no track except for track to telephonic reporting in the Guide. responsibility for monitoring the safety used exclusively for the hauling of Currently, FRA requires immediate of railroad operations. passengers inside an installation that is insular. An operation is not considered telephonic reporting of accidents/ FRA also proposes to require the insular if one or more of the following exists incidents to FRA through the National telephonic reporting of certain train on its line: Response Center (NRC) in only a limited accidents that are relevant to the safety (i) A public highway-rail grade crossing set of circumstances, i.e., the occurrence of railroad passenger service, including that is in use; of an accident/incident arising from the otherwise reportable collisions and (ii) An at-grade rail crossing that is in use; operation of a railroad that results in the derailments on lines used for scheduled (iii) A bridge over a public road or waters death of a rail passenger or employee or passenger service and train accidents used for commercial navigation; or the death or injury of five or more that foul such lines. These events are (iv) A common corridor with a railroad, i.e., its operations are within 30 feet of those persons. See § 225.9(a). Contrarily, potentially quite significant, since they of any railroad. under OSHA’s Final Rule, may indicate risks which affect passenger service (e.g., poor track Section 20901 of title 49, U.S. Code Within eight (8) hours after the death of any employee from a work-related incident maintenance or operating practices). (superseding 45 U.S.C. 38 and re- Further, these events often cause codifying provisions formerly contained or the in-patient hospitalization of three or more employees as a result of a work-related disruption in intercity and commuter in the Accident Reports Act, 36 Stat. incident, you must orally report the fatality/ passenger service. Major delays in 350 (1910), as amended), requires each multiple hospitalization by telephone or in commuter trains, for instance, have railroad to file a monthly report of person to the Area Office of the Occupational direct economic effects on individuals railroad accidents. See Pub. L. 103–272. Safety and Health Administration (OSHA), and businesses. Accordingly, FRA intends to apply its U.S. Department of Labor, that is nearest to the site of the incident. FRA also proposes to incorporate accident reporting regulations to all provisions similar to the National railroads under FRA’s jurisdiction, Emphasis added. 29 CFR 1904.39(a). Transportation Safety Board’s (NTSB) unless the entity meets one of the Further, OSHA’s Final Rule states, requirements for telephonic reporting exceptions noted in § 225.3. FRA (49 CFR part 840) into its own intends to address the difference as to Do I have to report a fatality or hospitalization that occurs long after the regulations and Guide. The key which entities are covered by the incident? No, you must only report each provisions of NTSB’s requirements, reporting requirements, in an MOU fatality or multiple hospitalization incident §§ 840.3 and 840.4, read as follows: between FRA and OSHA. that occurs within (30) days of an incident. Note: Excerpts from NTSB requirements B. Proposed Revisions and Additions to Emphasis added. 29 CFR 1904.39(b)(6). are provided for the convenience of the Definitions in the Regulatory Text— Finally, OSHA’s Final Rule states, reader. The official version of the § 225.5 Do I have to report a fatality or multiple requirements appears at 49 CFR 840.3 and FRA proposes to amend and add hospitalization incident that occurs on a 840.4. certain definitions to conform to commercial or public transportation system? § 840.3 Notification of railroad accidents. OSHA’s Final Rule or to achieve other No, you do not have to call OSHA to report objectives. Specifically, FRA proposes a fatality or multiple hospitalization incident The operator of a railroad shall notify if it involves a commercial airplane, train, the Board by telephoning the National to revise the definitions of ‘‘accident/ subway or bus accident. * * * incident,’’ ‘‘accountable injury or Response Center at telephone 800–424– illness,’’ ‘‘day away from work,’’ ‘‘day of Emphasis added. 29 CFR 1904.39(b)(4). 0201 at the earliest practicable time after restricted work activity,’’ ‘‘medical This provision would seem to exempt the occurrence of any one of the treatment,’’ and ‘‘occupational illness.’’ railroads from telephonically reporting following railroad accidents: As previously mentioned, FRA proposes to OSHA all but a very few railroad (a) No later than 2 hours after an to remove the term ‘‘arising from the accidents/incidents. The extent of the accident which results in: operation of a railroad’’ and its exemption from OSHA’s telephonic (1) A passenger or employee fatality definition and add the term ‘‘event or reporting requirement depends on how or serious injury to two or more exposure arising from the operation of a broadly ‘‘commercial or public crewmembers or passengers requiring railroad’’ and its definition. FRA transportation system’’ is interpreted. admission to a hospital; proposes to create definitions of As recommended by the Working (2) The evacuation of a passenger ‘‘covered data,’’ ‘‘general reportability Group, FRA proposes to broaden the set train; criteria,’’ ‘‘medical removal,’’ of circumstances under which a railroad (3) Damage to a tank car or container ‘‘musculoskeletal disorder,’’ would be required to report an accident/ resulting in release of hazardous ‘‘needlestick or sharps injury,’’ ‘‘new incident telephonically to the NRC, and materials or involving evacuation of the case,’’ ‘‘occupational hearing loss,’’ to make certain other refinements to the general public; or ‘‘occupational tuberculosis,’’ ‘‘privacy rule. Specifically, FRA first proposes to (4) A fatality at a grade crossing. concern case,’’ ‘‘significant change in add requirements for telephonic (b) No later than 4 hours after an the number of reportable days away reporting when there is a death to any accident which does not involve any of from work,’’ ‘‘significant illness,’’ and employee of a contractor to a railroad the circumstances enumerated in ‘‘significant injury.’’ Some of these performing work for the railroad on paragraph (a) of this section but which changes are discussed in context later in property owned, leased, or maintained results in: the section-by-section analysis or by the contracting railroad. Railroads (1) Damage (based on a preliminary elsewhere in the preamble. are increasingly using contractors to gross estimate) of $150,000 or more for perform work previously performed by repairs, or the current replacement cost, C. Proposed Revisions to Provision on railroad employees. Often, those to railroad and nonrailroad property; or Telephonic Reporting—§ 225.9 workers are exposed to hazards unique (2) Damage of $25,000 or more to a The Working Group agreed to propose to the railroad environment or that passenger train and railroad and non- certain amendments to § 225.9, otherwise involve conditions under railroad property.

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(c) Accidents involving joint to describe the triggering events (e.g., results, due to the need to address operations must be reported by the ‘‘train accident’’ as defined in § 225.5), emergency response requirements for railroad that controls the track and and slightly modified the contents of the the safety and health of those affected directs the movement of trains where required report (e.g., ‘‘available and to determine the facts that are the accident has occurred. estimates’’ instead of ‘‘estimate’’). predicates for reporting. The proposed (d) Where an accident for which Concern was expressed within the rule addresses this concern by stating notification is required by paragraph (a) Working Group about joint operations as that, to which railroad should be responsible or (b) of this section occurs in a remote [t]o the extent the necessity to report an area, the time limits set forth in that for making the telephonic report. The accident/incident depends upon a paragraph shall commence from the Working Group agreed that for purposes determination of fact or an estimate of time the first railroad employee who of telephonic reporting, the dispatching property damage, a report would be was not at the accident site at the time railroad, which controls the track considered immediate if made as soon as of its occurrence has received notice involved, would be responsible for possible following the time that the thereof. making the telephonic report. determination or estimate is made, or could There was much discussion in the reasonably have been made, whichever § 840.4 Information to be given in Working Group regarding whether comes first, taking into consideration the notification. railroads should be required to health and safety of those affected by the The notice required by § 840.3 shall telephonically report certain incidents accident/incident, including actions to protect the environment. include the following information: to the NRC ‘‘immediately.’’ One (a) Name and title of person reporting. suggestion was to set a fixed period, Proposed § 225.9(d). Since FRA and the (b) Name of railroad. such as three or four hours, to report an Working Group believe that immediate (c) Location of accident (relate to accident/incident, or in any event, be telephonic reporting raises issues nearest city). given a reasonable amount of time to related to emergency response unique to (d) Time and date of accident. report. Prompt reporting permits FRA the railroad industry, the Working (e) Description of accident. and (where applicable) NTSB to Group agreed not to conform in some (f) Casualties: dispatch personnel quickly, in most respects to OSHA’s oral or in-person (1) Fatalities. cases making it possible for them to reporting requirements. Accordingly, to (2) Injuries. arrive on scene before re-railing the extent that OSHA’s requirements (g) Property damage (estimate). operations and track reconstruction (h) Name and telephone number of regarding oral reports by telephone or in begin and key personnel become person apply to the railroad industry person from whom additional unavailable for interview. Decades of information may be obtained. and that part 225 diverges from those experience in accident investigation requirements, FRA intends to include in The reason FRA proposes to have taught FRA that the best incorporate requirements similar to the MOU with OSHA a provision information is often available only very specifying how and why FRA intends to NTSB’s standards for telephonic early in the investigation, before reporting into its own regulations and depart from OSHA’s requirements in physical evidence is disturbed and this area. Guide is that, unlike NTSB, FRA can memories cloud. enforce these requirements through the In addition, there was a suggestion D. Proposed Revisions to Criteria for use of civil penalties. FRA has long that railroads be permitted to Reporting Occupational Fatalities, relied upon reports required to be made immediately report certain incidents by Injuries, and Illnesses—§ 225.19(d) to NTSB as a means of alerting its own several methods other than by a personnel who are required to respond 1. FRA’s Current and Proposed telephone call, including use of a Reporting Criteria Applicable to to these events. Although most railroads facsimile, or notification by e-mail. Railroad Employees are quite conscientious in making Railroad representatives indicated that telephonic reports of significant events, telephonic reporting is sometimes Currently, § 225.19(d) reads as including some not required to be burdensome, particularly when a busy follows: reported, from time to time FRA does manager must wait to speak to an Group III-Death, injury, or occupational experience delays in reporting that emergency responder for extended illness. Each event arising from the operation adversely affect response times. In this periods of time. FRA rejected this of a railroad shall be reported on Form FRA regard, it should be noted that FRA suggestion, and is proposing to require F 6180.55a if it results in: conducts more investigations of railroad that immediate notification be done by (1) Death to any person; accidents and fatalities than any other telephone, and only by telephone, (2) Injury to any person that requires public body, and even in the case of the because FRA is concerned that if medical treatment; relatively small number of accidents notification is given by other methods, (3) Injury to a railroad employee that that NTSB selects for major results in: such as facsimile or e-mail, it is possible (i) A day away from work; investigations, FRA provides a that no one will be available to (ii) Restricted work activity or job transfer; substantial portion of the technical team immediately receive the facsimile or e- or participating from the public sector. mail message. Conversely, with a (iii) Loss of consciousness; or Accordingly, it is appropriate that FRA telephone call to an emergency response (4) Occupational illness of a railroad take responsibility for ensuring that center, a railroad should be able to employee. timely notification is provided. As can speak immediately to a person, or at the * * * * * be seen by comparing the quoted NTSB very least, should hear a recording that The comparable provisions of OSHA’s regulations to proposed § 225.9, FRA would immediately direct the caller to Final Rule are at §§ 1904.4(a) and has not adopted NTSB’s standards a person. 1904.7(b), which read as follows: wholesale, but extracted necessary Concern was expressed within the additions to FRA’s existing Working Group that continued use of § 1904.4 Recording criteria. requirements (e.g., train accident the term ‘‘immediate’’ in conjunction (a) Basic requirement. Each employer requiring evacuation of passengers), with a broadening of the events subject required by this Part to keep records of used terminology from FRA regulations to the FRA rule might produce harsh fatalities, injuries, and illnesses must

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record each fatality, injury and illness appropriate definition for aural pathology, thus it is not specific to that: musculoskeletal disorders and whether the employee. This is the starting point (1) Is work-related; and or not it was necessary to include a from which the American Medical (2) Is a new case; and separate column on the OSHA log for Association (AMA) measures a 25–dB (3) Meets one or more of the general the recording of these cases and permanent hearing impairment. The recording criteria of § 1904.7 or the occupational hearing loss cases, OSHA employee’s original baseline audiogram, application to specific cases of § 1904.8 simultaneously published a proposed on the other hand, is taken at the time through § 1904.12. delay of the effective dates of these the worker was first placed in a hearing * * * * * provisions, from January 1, 2003, to conservation program.3 This starting § 1904.7 General recording criteria. January 1, 2004, and requested comment point, which has been enforced by on the provisions. See 67 FR 44124. OSHA since 1991 and is the starting * * * * * Prior to OSHA’s Final Rule, the point currently used by FRA, fails to (b) Implementation. (1) How do I recordkeeping rule had no specific take into account any hearing loss that decide if a case meets one or more of the threshold for recording hearing loss the employee has suffered in previous general recording criteria? A work- cases. See 67 FR 44038. The Final Rule related injury or illness must be established a new 10–dB standard at 29 jobs and can present a problem if the recorded if it results in one or more of CFR 1904.10: employee has had several successive the following: employers at high-noise jobs. If an employee’s hearing test (audiogram) (i) Death. See § 1904.7(b)(2). Thus, if an individual employee has (ii) Days away from work. See reveals that a Standard Threshold Shift (STS) has occurred, you must record the case on experienced some hearing loss before § 1904.7(b)(3). the OSHA 300 Log by checking the ‘‘hearing being hired, a 25–dB shift from the (iii) Restricted work or transfer to loss’’ column. . . . A standard Threshold another job. See § 1904.7(b)(4). employee’s original baseline will be a Shift, or STS, is defined in the occupational larger hearing loss than the 25–dB shift (iv) Medical treatment beyond first noise exposure standard at 29 CFR aid. See § 1904.7(b)(5). 1910.95(c)(10)(i) as a change in hearing from audiometric zero that the AMA (v) Loss of consciousness. See threshold, relative to the most recent recognizes as a hearing impairment and § 1904.7(b)(6). audiogram for that employee, of an average disabling condition. For example, if an (vi) A significant injury or illness of 10 decibels (dB) or more at 2000, 3000, employee experienced a 20–dB shift diagnosed by a physician or other and 4000 hertz in one or both ears. from audiometric zero prior to being licensed health care professional. See See 66 FR 6129 (January 19, 2001). On hired in a job where he later suffered a § 1904.7(b)(7). October 12, 2001, OSHA delayed the 15–dB shift hearing loss from his As indicated by the preceding rule provision and instead adopted the original baseline audiogram, the AMA text, OSHA’s Final Rule has specific standard set forth in OSHA’s would count this as a 35–dB shift, a recording criteria for cases described in enforcement policy, which had been in serious hearing impairment, but under 29 CFR 1904.8 through 1904.12. These effect since 1991, and which is FRA’s OSHA’s enforcement policy (and FRA’s cases involve work-related needlestick current approach,2 in order to seek current approach), this would only have and sharps injuries, medical removal, comments on what should be the counted as a 15–dB shift that is not occupational hearing loss, work-related appropriate hearing loss threshold. See recordable under OSHA’s enforcement tuberculosis, and independently 66 FR 52031. The enforcement policy policy or § 1904.10 for calendar year reportable work-related musculoskeletal stated that OSHA would cite employers 2002. In order for it to become disorders. See Web site for OSHA for failing to record work-related shifts recordable, the employee would have regulations located in the ADDRESSES in hearing of an average of 25 dB or had to suffer an additional 10–dB shift, section. more at 2000, 3000, and 4000 Hz in which would mean that the employee In response to several comments either ear. Thus, the hearing loss of an would have suffered a 45–dB shift from received after publication of the Final employee would be tested by measuring audiometric zero—almost twice the Rule, which was scheduled to take the difference, or shift, between the amount that the AMA considers to be a effect on January 1, 2002, OSHA employee’s current audiogram and the permanent hearing impairment. delayed the effective date of three of the employee’s original baseline audiogram. After considering several comments See 67 FR 44037, 44038. If the shift was rule’s provisions until January 1, 2003, demonstrating that a 25–dB shift from 25 dB or more, OSHA required that it so as to allow itself further time to an employee’s original baseline be recorded. The employee’s original evaluate § 1904.10, regarding audiogram was not protective enough baseline audiogram is one of two occupational hearing loss, and and that a 10–dB shift from an §§ 1904.12 and 1904.29(b)(7)(vi),1 starting points, or baselines, from which you can measure a Standard Threshold employee’s original baseline audiogram regarding musculoskeletal disorders. was overly protective (and more See 66 FR 52031. On July 1, 2002, Shift (STS), the other being audiometric zero. appropriate as an early warning OSHA published a final rule mechanism that should trigger actions establishing a new standard for the Audiometric zero represents the statistical average hearing threshold under the Occupational Noise Exposure recording of occupational hearing loss Standard 4 to prevent impairment from cases for calendar year 2003. See 67 FR level of young adults with no history of 44037. However, because OSHA was 3 Not all employees are placed in a hearing still uncertain about how to craft an 2 See current Guide at Appendix E, p. 4. FRA’s Occupational Illness Code #1151, concerning noise conservation program. OSHA only requires such a induced hearing loss, provides in part: ‘‘An STS is program to be in place in general industry when the 1 The effective date of the second sentence of a change in hearing threshold relative to a baseline noise exposure exceeds an 8-hour time-weighted § 1904.29(b)(7)(vi), which states that audiogram that averages 10 dB or more at 2000, average of 85 dB. musculoskeletal disorders are not considered 3000, and 4000 hertz in either ear. Documentation 4 Under § 1910.95, employers must take privacy concern cases, was delayed until January 1, of a 10 dB shift is not, of and by itself, reportable. protective measures (employee notification, 2003 in OSHA’s October 12, 2001, final rule. On There must be a determination by a physician . . . providing hearing protectors or refitting of hearing July 1, 2002, OSHA proposed to delay the effective that environmental factors at work were a protectors, referring employee for audiological date of this same provision until January 1, 2004. significant cause of the STS. However, if an evaluation where appropriate, etc.) to prevent See 67 FR 44124. This provision will be discussed employee has an overall shift of 25 dB or more further hearing loss for employees who have in the context of privacy concern cases in the above the original baseline audiogram, then an experienced a 10–dB shift from the employee’s section-by-section analysis at ‘‘III.G.1.’’ of the evaluation must be made to determine to what original baseline audiogram. See 67 FR at 44040– preamble. extent it resulted from exposure at work.’’ 41.

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occurring), OSHA adopted a additional column would be necessary. injuries or illnesses.’’ With regard to the compromise position that makes a 10– Similarly, the different kinds of injuries reportability of illnesses and injuries of dB shift from an employee’s original that could qualify as an MSD are given railroad employees, there are at least baseline audiogram recordable in those separate codes. Once OSHA decides three primary differences between cases where this shift also represents a what types of injuries are appropriate to OSHA’s reporting criteria and FRA’s 25–dB shift from audiometric zero. include in the category or definition of current reporting criteria, at least as As OSHA’s new approach to defining an MSD, OSHA would be able to stated in § 225.19(d). First, FRA requires and recording occupational hearing loss identify the MSD cases by their that all occupational illnesses of cases was not presented to the Working respective code numbers, thereby railroad employees be reported. See Group, FRA seeks comment on whether allowing OSHA to use FRA’s data for §§ 225.5 and 225.19(d)(4). Contrarily, FRA should adopt OSHA’s new national statistical purposes. Although under OSHA’s Final Rule, only certain approach as FRA’s fixed approach, it is not practical for FRA’s injury codes beginning on the effective date of FRA’s to be as extensive as OSHA’s codes, it occupational illnesses are to be final rule, or whether FRA should would be possible to amend the Guide reported, namely those that result in diverge from OSHA and continue to so as to reflect the major codes death, medical treatment, days away enforce OSHA’s current approach recognized by OSHA and to add a from work, or restricted work or job (which was approved by the Working category such as ‘‘Other MSDs, as transfer; constitute a ‘‘significant Group and the RSAC and is the same as defined by OSHA in § 1904.12.’’ illness’; or meet the ‘‘application to FRA’s current approach) as a fixed FRA also seeks comment on whether specific cases of [29 CFR] §§ 1904.8 approach beginning on the effective date or not a definition of an MSD is through 1904.12.’’ Second, for the of FRA’s final rule. See proposed Guide necessary, since currently there are no reason that FRA’s interpretation of part at Ch. 6, pp. 27–28, and Appendix E, p. special criteria beyond the general 225 is presently very inclusive, it does 4. If OSHA’s current approach is recording criteria for determining which not use the term ‘‘significant injuries,’’ permitted to continue in effect as FRA’s MSDs to record, and because OSHA’s which is incorporated in the OSHA approach, this divergence would need definition appears to be used primarily Final Rule. While FRA does not use the to be addressed in the MOU and as guidance for when to check the MSD phrase ‘‘significant injuries’’ in the approved by OSHA so as to avoid dual column on the 300 Log. See 66 FR current rule text, the current Guide does reporting on this issue. If OSHA’s new 6129–6130. If the definition of an MSD require the reporting of conditions approach for calendar year 2003 is and the column requirements were to be similar to OSHA’s ‘‘significant injuries.’’ adopted, the proposed Guide would be omitted from the Final Rule, these updated to reflect the new approach. differences would be discussed in the The distinction between medical treatment As noted above, OSHA may be MOU. and first aid depends not only on the reconsidering for calendar year 2003 the FRA also seeks comment on whether treatment provided, but also on the severity definition of musculoskeletal disorder its regulations should ‘‘float,’’ i.e., of the injury being treated. First aid * * * (MSD) and the requirement of having a change automatically anytime OSHA [i]nvolves treatment of only minor injuries. separate column on the OSHA 300 log revises its regulations, since the main * * * An injury is not minor if * * * [i]t for the recording of MSD and purpose of this rulemaking is to bring impairs bodily function (i.e., normal use of occupational hearing loss cases. As the FRA’s rule into general conformity with senses, limbs, etc.); * * * [or] [i]t results in issue of OSHA’s proposed delays was OSHA’s regulations (which are damage to the physical structure of a not before the Working Group when developed after a full opportunity for nonsuperficial nature (e.g. fractures); * * *. consensus was reached, FRA seeks notice and comment) or whether FRA’s comment on whether or not the adoption of a fixed and certain approach Guide, Ch. 6, p. 6. Accordingly, under definition and column requirements can better serve FRA’s safety objectives the Guide, fractures are considered not should be adopted if OSHA’s proposed and the needs of the regulated to be minor injuries, and a punctured January 1, 2004 delay takes effect. If community. This issue is particularly eardrum would likewise not be FRA goes forth with the provisions as relevant for the proposed definition of considered a minor injury because it approved by the Working Group, FRA medical removal. Because medical would involve impairment of ‘‘normal would be adopting these provisions in removal is such a complex issue, and use of senses.’’ Id. Third, FRA does not advance of OSHA, a result that may not one that is rarely, if at all, encountered have ‘‘specific cases’’ reporting criteria have been contemplated by the Working in the railroad environment, FRA seeks for occupational injuries of railroad Group when it agreed to follow OSHA comment on whether this definition employees. on these issues prior to the issuance of should ‘‘float’’ with OSHA’s. That is, FRA proposes to conform part 225 to the proposed delays. should we word our definition so that Even if OSHA chooses not to delay it is tied to OSHA’s standard anytime OSHA’s Final Rule with regard to these the effective date of these provisions, OSHA might change that standard? three differences by amending its FRA seeks comment on whether or not Since the proposed definition 5 regulations at § 225.19(d) and related we should diverge from OSHA by not references OSHA’s standard without definitions at § 225.5. FRA would, adopting the definition or column restating it within the rule text or however, distribute the specific requirements, since FRA already has its preamble, this would reflect the intent conditions specified under OSHA’s own forms and methods in place to of the Working Group. ‘‘significant’’ category (§ 1904.7(b)(7)) collect this data for OSHA’s purposes. Finally, OSHA added another into injuries and illnesses, subcategories Instead of requiring railroads to record category of reportable cases: ‘‘significant that OSHA could, of course, aggregate, cases and check boxes on the OSHA 300 and FRA would omit the note to log, FRA requires railroads to report 5 The proposed definition currently reads: OSHA’s description of ‘‘significant these cases using assigned injury codes ‘‘Medical removal means medical removal under illnesses and injuries,’’ which does not the medical surveillance requirements of an appear to be necessary for a proper on the FRA Form F 6180.55a. Code Occupational Safety and Health Administration 1151, for example, is the code for standard in 29 CFR part 1910, even if the case does understanding of the concept and which occupational hearing loss cases, thus no not meet one of the general reporting criteria.’’ might be read as open-ended, a result

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FRA does not intend. The text of the injury or illness occurring to that employee? property that involved employees of note is excerpted below: If the contractor’s employee is under the day- contractors to a railroad. As a to-day supervision of the contractor, the Note to § 1904.7: OSHA believes that most compromise, labor representatives contractor is responsible for recording the proposed that only fatalities that significant injuries and illnesses will result injury or illness. If you supervise the in one of the criteria listed in § 1904.7(a). contractor employee’s work on a day-to-day involved transporting or deadheading * * * In addition, there are some significant basis, you must record the injury or illness. railroad crews be reportable, but that all progressive diseases, such as byssinosis, other fatalities to employees of silicosis, and some types of cancer, for which 29 CFR 1904.31(b)(3). contractors to a railroad that occur off medical treatment or work restrictions may In the Working Group meetings, railroad property, not be reportable, not be recommended at the time of the APTA noted that it is difficult to comply even if the incident arose out of the diagnosis but are likely to be recommended with FRA’s current rule, read literally, operation of the railroad. as the disease progresses. OSHA believes that with respect to an employee of a Since the Working Group could not cancer, chronic irreversible diseases, contractor to a railroad while off fractured or cracked bones, and punctured reach consensus on the issue of railroad property. Many commuter reporting injuries, illnesses, or fatalities eardrums are generally considered significant railroads often do not know whether an injuries and illnesses, and must be recorded of contractors to a railroad that arose out at the initial diagnosis even if medical employee of a contractor to the railroad of the operation of the railroad but treatment or work restrictions are not is injured or sickened if the event occurred off railroad property, FRA recommended, or are postponed, in a occurred on property other than makes the following proposal based particular case. property owned, leased, or maintained upon its reasoned consideration of the by the commuter railroad; it is difficult 29 CFR 1904.7(b)(7). FRA believes that issue. In this regard, FRA has attempted to follow up on an injury or illness to balance its need for comprehensive the note is intended to reference a suffered by such an employee. For statutory issue not present in the case of safety data concerning the railroad example, ABC Railroad contracts with industry against the practical limitations FRA’s reporting system and can be XYZ Contractor to repair ABC’s railcars of expecting railroads to be aware of all omitted from FRA’s rule as not relevant at XYZ’s facilities. An employee of XYZ injuries suffered by contractors off of and to avoid potential ambiguity. FRA Contractor, while repairing ABC’s rail railroad property. FRA recognizes that also proposes to explain these new car at XYZ’s facility, receives an injury certain types of accident/incidents reporting requirements in the Guide. resulting in medical treatment. ABC occurring off of railroad property (See later discussion of proposed Railroad notes that it may not know involve scenarios in which the fact that Chapter 6 of the Guide.) about the injury and, therefore, could the contractor was performing work for 2. FRA’s Current and Proposed not report it. Furthermore, no a railroad is incidental to the accident Reporting Criteria Applicable to information is lost in the national or incident, and would offer no Employees of a Contractor to a Railroad database since the contractor must meaningful safety data to FRA, e.g., report the injury to OSHA even if ABC ordinary highway accidents involving As previously noted, under Railroad does not report the injury. The § 225.19(d), ‘‘Each event arising from an on-duty contractor to a railroad. Working Group could not reach The existing term ‘‘arising from the the operation of a railroad shall be consensus on whether to require operation of a railroad’’ and its reported * * * if it results in * * * (1) reporting of injuries to employees of definition would be deleted from Death to any person; (2) Injury to any railroad contractors while off railroad § 225.5. Currently, the definition reads person that requires medical treatment. property. as follows: ‘‘Arising from the operation ***’’ Under the ‘‘definitions’’ section A similar difficulty with reporting of a railroad includes all activities of a of the accident reporting regulations, occurs in the context of fatalities to railroad that are related to the ‘‘person’’ includes an independent employees of contractors to a railroad. performance of its rail transportation contractor to a railroad. See § 225.5. With respect to whether to require that business.’’ The new term ‘‘event or Reading these regulatory provisions railroads report fatalities of employees exposure arising from the operation of a together, deaths to employees of railroad of contractors that arise out of the railroad’’ would be added to § 225.5’s contractors that arise from the operation operation of the railroad but occur off list of defined terms and given a three- of a railroad, and injuries to employees railroad property, the Working Group tier definition. First, ‘‘event or exposure of railroad contractors that arise from also could not reach consensus. AAR arising from the operation of a railroad’’ the operation of a railroad and require noted that for the reasons stated above would be defined broadly with respect medical treatment would appear to be related to injuries and illnesses, it is to any person on property owned, reportable to FRA. (The Guide, however, difficult for railroads to track fatalities leased, or maintained by the railroad, to narrows the requirement through its of persons who are not employed by the include any activity of the railroad that reading of ‘‘arising from the operation of railroad. Labor noted on the other hand, relates to its rail transportation business a railroad.’’) FRA does not require that fatalities are the most serious cases and any exposure related to that reporting of occupational illnesses of on the spectrum of reportable incidents activity. Second, the term would be contractors; under § 225.19(d)(4), only and that it would be important that defined broadly in the same way with the occupational illnesses of railroad those cases be reported to FRA. In respect to an employee of the railroad, employees must be reported. addition, labor representatives noted but without regard for whether the Contrarily, under OSHA’s Final Rule, that railroads often contract for taxi employee is on or off railroad property. the reporting entity is required to report services to deadhead railroad crews to Third, the term would be defined work-related injuries and illnesses, their final release point and that if a narrowly with respect to a person who including those events or exposures driver died in a car accident is neither on the railroad’s property nor meeting the special recording criteria for transporting a railroad crew, FRA an employee of the railroad, to include employees of contractors, only if they should know about those cases. FRA only certain enumerated events or are under the day-to-day supervision of noted that as a practical matter, those exposures, i.e., a train accident, a train the reporting entity. types of cases occurred infrequently, incident, or a highway-rail crossing If an employee in my establishment is a that FRA data showed only two possible accident/incident involving the railroad; contractor’s employee, must I record an fatal car accidents occurring off railroad or a release of hazardous material from

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a railcar in the railroad’s possession or Record for Illnesses Claimed to Be injury or illness, but need not include a release of another dangerous Work-Related.’’ This form would call for details, e.g., a sexual assault case may be commodity if the release is related to the same information that is included described as an injury from assault. the railroad’s rail transportation on the Form FRA F 6180.98 and would By contrast, FRA requires that an business. have to be completed to the extent that employee have access to information in When read together with the rest of the information is reasonably available. the FRA-required Railroad Employee proposed § 225.19(d), the new definition A further discussion of the nature of this Injury and/or Illness Record (Form FRA of ‘‘event or exposure arising from the new form is discussed under the F 6180.98) regarding his or her own operation of a railroad’’ would mean revisions to § 225.25, later in this injury or illness, not the FRA-required that a railroad would not have to report preamble. records regarding injuries or illnesses of to FRA the death or injury to an other employees. § 225.25(a), (b), (c). employee of a contractor to the railroad F. Proposed Technical Revision to § 225.23, ‘‘Joint Operations’’ This renders the FRA-required log of who is off railroad property (or deaths reportables and accountables with its or injuries to any person who is not a The Working Group agreed to propose information on the name and Social railroad employee) unless the death or certain minor changes to the regulatory Security number of the employee, injury results from a train accident, train text; specifically, to § 225.23(a), inaccessible to other employees or incident, or highway-rail grade crossing concerning joint operations, simply to anyone else. Id. Additionally, FRA accident involving the railroad; or from bring it into conformity with the other proposes to amend the requirement that a release of a hazardous material or major changes to the regulatory text that the record contain an employee’s Social some other dangerous commodity in the are proposed. Note that for purposes of Security Number, opting to allow a course of the railroad’s rail telephonic reporting in joint operations, railroad to enter an employee’s transportation business. In addition, the dispatching railroad would be identification number instead. See FRA would require railroads to report required to make the telephonic report. proposed § 225.25(b)(6). Therefore, FRA work-related illnesses only of railroad See proposed § 225.9. considers this difference a sufficient employees and under no circumstances reason not to adopt OSHA’s privacy the illness of employees of a railroad G. Proposed Revisions to § 225.25, ‘‘Recordkeeping’’ requirements with regard to the contractor. These proposed reporting reportable and accountable log. This requirements diverge from the OSHA 1. Privacy Concern Cases proposed variation from OSHA will be standard, which would require the discussed in the MOU. reporting of the work-related death, The Working Group agreed to propose injury, or illness of an employee of a changes to the regulatory text under Although FRA does not allow wide contractor to the reporting entity if the § 225.25, concerning recordkeeping, by access to the reportable and accountable contractor employee is under the day-to- revising § 225.25(h) to address a class of log, FRA does require, however, the day supervision of the reporting entity. cases described by OSHA as ‘‘privacy posting in a conspicuous place in each 29 CFR 1904.31(b)(3). If FRA adopts this concern cases.’’ OSHA requires an of the employer’s establishments, proposal, FRA’s divergence from OSHA employer to give its employees and their certain limited information on would be addressed in the MOU. representatives access to injury and reportable accidents/incidents that illness records required by OSHA, such occurred at the establishment, thereby 3. Reporting Criteria Applicable to as the OSHA 300 Log, with some making this information accessible to all Illnesses limitations that apply to privacy those working at the establishment and At a Working Group meeting, AAR concern cases. 29 CFR 1904.35(b)(2), not simply the particular employee who proposed that major member railroads 1904.29(b). A ‘‘privacy concern case’’ is suffered the injury or illness. would file, with their FRA annual defined by OSHA in 29 CFR § 225.25(h). That limited information report, a list of claimed but denied 1904.29(b)(7); one type of a privacy includes the incident number used to occupational illnesses not included on concern case is, e.g., an injury or illness report the case, the date of the injury or the Form FRA F 6180.56, ‘‘Annual to an intimate body part. FRA would illness, the regular job title of the Railroad Report of Employee Hours and define the term similarly in proposed employee involved, and a description of Casualties by State,’’ because the § 225.5. In privacy concern cases, OSHA the injury or condition. Even though the railroads found the illnesses not to be prohibits recording the name of the name of the employee is not required to work-related. The list would be injured or ill employee on the Log. The be listed, the identity of the person organized by State, and would include words ‘‘privacy case’’ must be entered might in some cases be determined, the name of the reporting contact in lieu of the employee’s name. The particularly at small establishments. person. See also the discussion of employer must ‘‘keep a separate, Currently, under § 225.25(h)(15), FRA recording claimed illnesses, discussed confidential list of the case numbers and permits the railroad not to post an later in the preamble under section employee names for your privacy injury or illness at the establishment ‘‘III.G.2.,’’ below. FRA and other concern cases so you can update the where it occurred if the ill or injured Working Group members have cases and provide the information to the employee requests in writing to the expressed appreciation for this government if asked to do so.’’ 29 CFR railroad’s reporting officer that the undertaking. It was agreed that this is 1904.29(b)(6). In addition, if the injury or illness not be posted. The appropriate for implementation on a employer has a reasonable basis to preceding revision of the rule would be voluntary basis, and no comment is believe that the information describing consistent with OSHA’s requirements sought on this matter. the privacy concern case may be with regard to its Log, but more personally identifiable even though the expansive than those requirements. FRA E. Proposed Technical Revision to employee’s name has been left out, the would also give railroads discretion not § 225.21, ‘‘Forms’’ employer may use discretion in to provide details of the injury or The Working Group agreed to add a describing the injury or illness. The condition that constitutes a privacy new subsection § 225.21(j) to create a employer must, however, enter enough case. FRA will discuss these slight new form (Form FRA F 6180.107), information to identify the cause of the variations from OSHA’s privacy which would be labeled ‘‘Alternative incident and the general severity of the requirements in the MOU.

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Another issue relevant to reporting 6180.98, ‘‘Railroad Employee Injury illness was not work-related; and (3) privacy concern cases arose in and/or Illness Record,’’ or an equivalent Illnesses for which the railroad has § 1904.29(b)(7)(vi) of OSHA’s January record containing the same information. made a final determination that the 19, 2001, Final Rule, which states that The subset of those cases that qualify for illness is not work-related. These musculoskeletal disorders (MSDs) are reporting are then reported on the records would contain the same not considered privacy concern cases. appropriate forms. § 225.25(a), (b). If the information as the Form FRA F 6180.98, OSHA delayed the effective date of this case is not reported, the railroad is but might at the railroad’s election— exclusion until January 1, 2003, in its required to state why not on Form FRA • Be captioned ‘‘alleged’’; October 12, 2001, final rule. On July 1, F 6180.98 or the equivalent record. • Be retained in a separate file from 2002, OSHA proposed to delay the § 225.25(b)(26). other accountables; and effective date of this same provision Although this system has generally • If accountables are maintained until January 1, 2004. See 67 FR 44124. worked well, problems have arisen with electronically, be excluded from the As the issue of OSHA’s proposed delay respect to accounting of claimed requirement to be provided at any of this provision was not before the occupational illnesses. As further railroad establishment within 4 hours of Working Group when consensus was explained below, railroads are subject to a request. reached, FRA seeks comment on tort-based liability for illnesses and This would permit the records to be whether or not this exclusion should be injuries that arise as a result of kept at a central location, in either paper adopted if OSHA’s proposed January 1, conditions in the workplace. By their or electronic format. 2004, delay takes effect. If FRA goes nature, many occupational illnesses, The railroad’s internal control plan forth with the provision as approved by particularly repetitive stress cases, may would be required to specify the the Working Group, FRA would be arise either from exposures outside the custodian of these records and where adopting the exclusion in advance of workplace, inside the workplace, or a they could be found. For any case OSHA’s adoption of it and in advance combination of the two. Accordingly, determined to be reportable, the of OSHA’s defining the very term that issues of work-relatedness become very designation ‘‘alleged’’ would be is supposed to be excluded, a result that prominent. Railroads evaluate claims of removed, and the record would be may not have been contemplated by the this nature using medical and transferred to the reporting officer for Working Group when it agreed to the ergonomic experts, often relying upon retention and reporting in the normal proposed rule text on this issue prior to job analysis studies as well as focusing manner. In the event the narrative block OSHA’s issuance of the proposed delay. on the individual claims. (Form FRA F 6180.98, block 39) See discussion concerning reporting With respect to accounting and indicates that the case is not reportable, criteria for MSDs at section III.D.1 of the reportability under part 225, railroad the explanation contained in that block preamble, above. Even if OSHA chooses representatives state their concern that would record the reasons the railroad not to delay the effective date of this mere allegations (e.g., receipt of a determined that the case was not provision and to give it effect on January complaint in a tort suit naming a large reportable, making reference to the 1, 2003, FRA seeks comment on number of plaintiffs) not give rise to a ‘‘most authoritative’’ information relied whether or not we should diverge from duty to report. They add that many such upon. Although the proposed Form FRA OSHA by not adopting the exclusion. If claims are settled for what amounts to F 6180.107 or equivalent would not FRA’s final definition of privacy nuisance values, often with no require a railroad to include all concern case differs from OSHA’s admission of liability on the part of the supporting documentation, such as eventual definition of the term, then the railroad, so even the payment of medical records, it would require a difference would be discussed in the compensation is not clear evidence that railroad to note where the supporting MOU. the railroad views the claim of work- documentation is located so that it will Finally, the question was raised in the relatedness as valid. be readily accessible to FRA upon Working Group whether FRA’s Although sympathetic to these request. proposed regulations conformed to the concerns, FRA is disappointed in the FRA believes that the system of Health Insurance Portability and quality of data provided in the past accounting for contested illness cases Accessibility Act of 1996 (Pub. L. 104– related to occupational illnesses. described above will focus 191 (HIPAA)) and to the Department of Indeed, in recent years the number of responsibility for these decisions and Health and Human Services’ regulations such events reported to FRA has been provide an appropriate audit trail. In implementing HIPAA with regard to the extremely small. FRA has an obligation addition, it will result in a body of privacy of medical records. See ‘‘the to verify, insofar as possible, whether information that can be used in the Standards for Privacy of Individually the railroad’s judgments rest on a future for research into the causes of Identifiable Health Information.’’ 65 FR reasonable basis, and discharging that prevalent illnesses. Particularly in the 82462 (Dec. 28, 2000), codified at 45 responsibility requires that there be a case of musculoskeletal disorders, it is CFR parts 160 and 164. Since it appears reasonable audit trail to verify on what entirely possible that individual cases that OSHA’s regulations conform to basis the railroad’s decisions were may appear not to be work-related due HIPAA, and FRA proposes to conform made. While the basic elements of the to an imperfect understanding of to OSHA in all essential respects with audit trail are evident within the stressors in the workplace. Review of regard to the treatment of medical internal control plans of most railroads, data may suggest the need for further information, FRA believes that its this is not universally the case. investigation, which may lead to proposed regulations will not conflict Accordingly, FRA asked the Working practical solutions that will be with HIPAA requirements. Group to consider establishing a implemented either under the industrial separate category of claimed illnesses. hygiene programs of the railroads or as 2. Claimed Illnesses for Which Work- This category would be comprised of (1) a result of further regulatory action. Relatedness Is Doubted Illnesses for which there is insufficient Putting this information ‘‘on the books’’ a. Recording claimed illnesses. Under information to determine whether the is a critical step in sorting out over time the current FRA rule, all accountable or illness is work-related; (2) Illnesses for what types of disorders have a nexus to reportable injuries and illnesses are which the railroad has made a the workplace. See proposed required to be recorded on Form FRA F preliminary determination that the amendments to §§ 225.21, 225.25,

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225.33, and 225.35 and proposed new Regulations, FRA is proposing revisions 1. Changes in How Days Away From Chapter 13 of the Guide. to its Guide for Preparing Accident/ Work and Days of Restricted Work Are b. FRA review of railroads’ work- Incident Reports (Guide or FRA’s Counted relatedness determinations. Concern Guide). Under OSHA’s Final Rule, if a doctor arose within the Working Group Written comments on the proposed orders a patient to rest and not return regarding how FRA planned to review a Guide must be received by November 8, to work for a number of days, or reporting officer’s determination that recommends that an employee engage the illness is not work-related. As 2002. Comments may be mailed to the only in restricted work, for purposes of discussed in section ‘‘III.P.3.,’’ below, of address or submitted electronically to reporting days away from work or the preamble, it will be the railroad’s the Web site given under ADDRESSES at restricted work, an employer must responsibility to determine whether an the beginning of this document. The illness is work-related. In connection proposed Guide is posted on FRA’s Web report the actual number of days that with an inspection or audit, FRA’s role site at http://safetydata.fra.dot.gov/ the employee was ordered not to return will be to determine whether the guide. to work or was ordered to restrict the reporting officer’s determination was type of work performed, even if the I. Proposed Revisions to Chapter 1 of the employee decides to ignore the doctor’s reasonable. Even if FRA disagrees with Guide, ‘‘Overview of Accident/Incident the reporting officer’s determination not orders, and instead opts to return to Reporting and Recordkeeping work or to work without restriction. to report, FRA will not find that a Requirements’’ violation has been committed as long as Specifically, under OSHA’s Final Rule, the determination was reasonable. FRA Proposed Chapter 1 of the Guide has If a physician or other licensed health care understands that this is consistent with been revised to reflect the major professional recommends days away, you the approach OSHA is employing under proposed changes to part 225 and the should encourage your employee to follow that recommendation. However, the days its revised rule, and in any event it is rest of the Guide, such as important most appropriate given the assignment away must be recorded whether the injured proposed definitions, the proposed or ill employee follows the physician or of responsibility for reporting to the revision of the telephonic reporting licensed health care professional’s employing railroad. FRA plans to requirement, and the proposed revision recommendation or not. establish access to appropriate expert of the reportability criteria in 29 CFR 1904.7(b)(3)(ii). The FRA agrees resources (medical, ergonomic, etc.) as § 225.19(d). In addition, Chapter 1 has with the position taken by OSHA, that necessary to evaluate the reasonableness been revised to change the closeout date the employee should be encouraged to of railroad decisions not to report for the reporting year. Under FRA’s particular cases. follow the doctor’s advice about not current reporting requirements, reporting to work and or/taking 3. Technical Amendments railroads are permitted until April 15 to restricted time to allow the employee to The Working Group also agreed to close out their accident/incident records heal from the injury. propose certain minor changes to for the previous reporting year. Guide, OSHA states a similar rule with subsections 225.25(b)(16), (b)(25), (e)(8), Ch. 1, p. 11. FRA proposes to amend its respect to reporting the number of days and (e)(24), simply to bring these Guide to extend the deadline for of recommended restricted duty. subsections into conformity with the completing such accident/incident Specifically, OSHA’s Final Rule states, other major changes to the regulatory reporting records until December 1, and will extend the deadline even beyond May I stop counting days if an employee text that are proposed. who is away from work because of an injury that date on a case-by-case basis for or illness retires or leaves my company? Yes, H. Proposed Addition of § 225.39, ‘‘FRA individual records or cases, if Policy Statement on Covered Data’’ if the employee leaves your company for warranted. some reason unrelated to the injury or FRA proposes to add a new section to illness, such as retirement, a plant closing, or the regulatory text that would include a J. Proposed Revisions to Chapter 6 of the to take another job, you may stop counting policy statement on covered data. Guide, Pertaining to Form FRA F days away from work or days of restricted/ Specifically, proposed § 225.39 would 6180.55a, ‘‘Railroad Injury and Illness job transfer. If the employee leaves your state that FRA will not include in its Summary (Continuation Sheet)’’ company because of the injury or illness, you periodic summaries of data for the must estimate the number of days away or FRA proposes to amend its Guide to days of restriction/job transfer and enter the number of occupational injuries and bring it, for the most part, into day count on the 300 Log. illnesses, reports of a case, not conformity with OSHA’s recently 29 CFR 1904.7(b)(3)(viii). Contrarily, otherwise reportable under part 225, published Final Rule on recordkeeping involving (1) One day away from work under FRA’s current Guide, a railroad and reporting. The Working Group also when in fact the employee returned to must report only the actual number of wanted to make it clear, by noting in work, contrary to the written days that an employee does not return Chapter 6, that railroads are not recommendation to the employee by the to work or is on restricted work duty required to report occupational treating physician or other licensed due to a work-related injury or illness. fatalities, injuries, and illnesses to health care professional; (2) One day of ‘‘A record of the actual count of these OSHA if FRA and OSHA enter into an restricted work when in fact the days must be maintained for the affected MOU that so provides. employee was not restricted, contrary to employee.’’ See Guide, Ch. 6, pp. 13–14. the written recommendation to the Under OSHA’s Final Rule, reporting There was much discussion at the employee by the treating physician or requirements have changed in many Working Group meetings of whether other licensed health care professional; ways, several of which are described FRA should conform to OSHA’s Final or (3) A written over-the-counter below. See also proposed § 225.39 Rule with respect to reporting the medication prescribed at prescription regarding FRA’s treatment of cases number of days away from work or strength, whether or not the medication reportable under proposed part 225 number of days of restricted duty. Some was taken. solely because of, e.g., recommended Working Group members wanted to In addition to proposing revisions to days away from work that are not leave FRA’s current reporting system in its regulations in the Code of Federal actually taken. place, while others saw merit in the

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OSHA approach. FRA representatives should have returned to work sooner records some relief from the met with OSHA representatives to than the employee actually did. complexities of counting days away address this issue. OSHA insisted that An MOU between FRA and OSHA from work under FRA’s former system. since it tracks an index of the severity would address these issues. Moreover, the calendar day approach of injuries, with days away from work FRA notes that it may be appropriate makes it easier to compare an injury/ being the most severe non-fatal injuries to take into consideration special illness date with a return-to-work date and illnesses, it was important to OSHA circumstances in determining the and to compute the difference between to maintain a uniform database and appropriate reporting system for the those two dates. The calendar method have those types of injuries captured in railroad industry. While compensation also facilitates computerized day its statistics. for injuries and illnesses in most counts. In addition, calendar day counts A compromise was reached on the industries is determined under state- will also be a better measure of severity, issue of reporting the number of days level worker compensation systems, because they will be based on the length of disability instead of being dependent away and number of days of restricted which provide recovery on a ‘‘no-fault’’ on the individual employee’s work work activity that was acceptable both basis with fixed benefits, railroad claims schedule. Accordingly, FRA proposes to to the Working Group and, departments generally compensate adopt OSHA’s approach of counting preliminarily, to OSHA. Specifically, railroad employees for lost workdays calendar days because this approach is FRA proposes that if no other reporting resulting from injuries or occupational easier than the former system and criteria apply but a doctor orders a illnesses. In the event a railroad provides a more accurate and consistent patient to rest and not to report to work employee is not satisfied with the level measure of disability duration resulting for a number of days, the railroad must of compensation offered by the railroad, from occupational injury and illness report the case under a special category the injured or ill employee may seek and thus will generate more reliable called ‘‘covered data.’’ The Guide would relief under FELA, which is a fault- explain how this covered data would be data. Currently, under FRA’s Guide, based system and subject to full days away from work and days of coded. The principal purpose of recovery for compensatory damages. collecting covered data is so that this restricted work activity are counted only Further, railroad employees generally if the employee was scheduled to work information can be provided to the are subject to a federally-administered Department of Labor for inter-industry on those days. In the proposed Guide, sickness program, which provides because it is a preferred approach, and comparison. The general rule is as benefits less generous than under some follows: Where a doctor orders days of to be consistent with OSHA’s Final private sector plans. Although it is not Rule, days away from work would rest for an employee, the railroad must readily apparent in any quantitative report actual days away from work include all calendar days, even a sense how this combination of factors Saturday, Sunday, holiday, vacation unless the employee reports for work influences actual practices with respect the next day, in which case, the railroad day, or other day off, after the day of the to medical advice provided and injury and before the employee reports must report one day. Note: If the employee decisions to return to work, employee takes more days than the to work, even if the employee was not very clearly the external stimuli are scheduled to work on those days. doctor ordered, the railroad must still different than one would expect to be report actual days away from work found in a typical workplace. 3. Definitions of ‘‘Medical Treatment’’ unless the railroad can show that the Accordingly, it seems particularly and ‘‘First Aid’’ employee should have returned to work appropriate that the Working Group FRA’s current Guide states what sooner. The following examples found it wise to adopt a compromise constitutes ‘‘medical treatment’’ and illustrate the application of this approach that blends the new OSHA what constitutes ‘‘first aid’’ and how to principle in combination with existing approach with the traditional emphasis categorize other kinds of treatment. See requirements that would be carried on actual outcomes. The approach Guide, Ch. 6, pp. 6–9. As stated in the forward. described above will foster continuity in current Guide, ‘‘medical treatment’’ • If the doctor orders the patient to rail accident/incident trend analysis renders an injury reportable. If an injury five days of rest, and the employee while permitting inter-industry or illness requires only ‘‘first aid,’’ the reports to work the next day, the comparability, as well. injury is not reportable, but will, railroad must report one day away from instead, be accountable. Under OSHA’s 2. Changes in the ‘‘Cap’’ on Days Away work. (This case would be separately Final Rule, a list is provided of what From Work and Days Restricted; coded and not included in FRA constitutes ‘‘first aid.’’ 29 CFR Including All Calendar Days in the accident/incident aggregate statistics.) 1904.7(b)(5). If a particular procedure is Count of Days Away From Work and • If, on the other hand, the employee not included on that list, and does not Days of Restricted Work Activity takes three days of rest, when the doctor fit into one of the two categories of ordered five days of rest, then the In addition, to conform to OSHA’s treatments that are expressly defined as railroad must report the actual number Final Rule, FRA proposes to amend its not medical treatment (diagnostic of days away from work as three days Guide to lower the maximum number of procedures and visits for observation or away from work. days away or days of restricted work counseling), then the procedure is • Of course, if the doctor orders five activity that must be reported, from 365 considered to be ‘‘medical treatment.’’ days of rest and the employee takes five days to 180 days, and to change the Id. FRA proposes to amend its days of rest, then the railroad must method of counting days away from regulations and Guide to conform to report the full five days away from work and days of restricted work OSHA’s definition and new method of work. activity. The Working Group noted that categorizing what constitutes medical • Finally, if the doctor orders five counting calendar days is treatment and first aid. Specifically, days of rest, and the employee takes administratively simpler for employers FRA proposes to amend its regulations more than the five days ordered, then than counting scheduled days of work and the Guide to address the following the railroad must report the actual that are missed. Using this simpler four items: number of days away from work, unless method of counting days away from a. Counseling. Under FRA’s the railroad can show that the employee work provides employers who keep ‘‘definitions’’ section of its regulations,

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* * * Medical treatment also does not occupational clinics to substitute a non- commuter railroad that ran part of its include preventive emotional trauma prescription medication when a operation and contracted for another counseling provided by the railroad’s prescription medication is indicated. part of its operation with a freight employee counseling and assistance officer unless the participating worker has been That result, however, may be more railroad. FRA developed alternative diagnosed as having a mental disorder that humane than a circumstance in which strategies with the affected railroads for was significantly caused or aggravated by an the medical provider is encouraged not collecting these data to ensure that accident/incident and this condition requires to order an appropriate dosage. commuter rail operation accurately a regimen of treatment to correct. Further, in some cases, physicians reflected the entire scope of operations, may direct the use of patent medicines See § 225.5. Contrarily, under OSHA’s yet did not increase the burden of simply to save the employee the time to Final Rule, ‘‘medical treatment does not reporting for affected railroads. This fill a prescription or simply to hold include: (A) Visits to a physician or down costs to the insurer; and the issue also arose in the context of an other licensed health care professional physician may find the over-the-counter NTSB Safety Recommendation, R–97– solely for observation or counseling preparation to be more suitable in terms 11, following NTSB’s investigation of a ***.’’ Emphasis added. See 29 CFR of formulation, including rate of release collision on February 16, 1996, in Silver 1904.7(b)(5)(i). Accordingly, to conform and absorption. Spring, Maryland, between an Amtrak to OSHA’s Final Rule, FRA proposes to As in the case of recommended days passenger train and a MARC commuter amend its definition of ‘‘medical away from work not taken (discussed train. During the accident investigation, treatment’’ to exclude counseling as a above), the Working Group settled on a NTSB requested from FRA, a five-year type of medical treatment. See proposed compromise position. Where the accident history for commuter railroad § 225.5. treating health care professional directs operations. FRA was not, however, able b. Eye patches, butterfly bandages, in writing the use of a non-prescription to provide a composite accident history Steri-StripsTM, and similar items Under preparation at a dose at least that of the for some of the commuter railroad FRA’s current Guide, use of an eye minimum prescribed amount, and no operations because some of the patch, butterfly bandage, Steri-StripTM, other reporting criteria apply, the commuter operations were operated or similar item is considered medical railroad would report this as a special under contract with Amtrak and other treatment, rendering the injury case (‘‘covered data’’ under §§ 225.5 and freight railroads, and the accident data reportable. Under OSHA’s Final Rule, 225.39). FRA will explore whether it is for some commuter railroads were however, use of an eye patch, butterfly practical to add to Chapter 6 of the commingled with the data of Amtrak bandage, or Steri-StripTM is considered Guide, a list of commonly used over- and the other contracted freight to be first aid and, therefore, not the-counter medications, including the railroads. Accordingly, NTSB’s Safety reportable. In order to conform FRA’s prescription strength for those Recommendation R–97–11 addressed to Guide to OSHA’s Final Rule, FRA medications. This list of over-the- FRA read, ‘‘Develop and maintain proposes to amend the Guide so that use counter medications would conform to separate identifiable data records for of an eye patch, butterfly bandage, or OSHA’s published standards. Future commuter and intercity rail passenger TM Steri-Strip will be considered to be over-the-counter medication added by operations.’’ first aid. OSHA would be posted on FRA’s Web c. Immobilization of a body part site. The case would be included in When the RSAC Task Statement Under FRA’s current Guide, aggregate data provided to the 2001–1 was presented, FRA determined immobilization of a body part for Department of Labor, but would not be that a new chapter in the Guide was transport purposes is considered included in FRA’s periodic statistical needed to address NTSB’s and FRA’s medical treatment. Given, however, that summaries. FRA would have the data concerns regarding commuter railroad OSHA’s Final Rule considers available to reference, and if a pattern of reporting. At the initial May 2001 immobilization of a body part for apparent abuse emerged, FRA could meeting, FRA representatives presented transport to be first aid, FRA proposes both examine the working conditions in the issue to the Working Group. FRA to amend its Guide so that question and also review possible representatives were tasked to develop a immobilization of a body part for further amendments to these reporting chapter specifically dealing with transport would be considered first aid. regulations. commuter rail reporting. In the August d. Prescription versus non- 2001 Working Group meeting, FRA prescription medication Under FRA’s K. Proposed Revisions to Chapter 7 of presented a draft of the new chapter. A current Guide, a doctor’s order to take the Guide, ‘‘Rail Equipment Accident/ task group was formed that included Incident Report’’ over-the-counter medication is not representatives of Amtrak, Metra, considered medical treatment even if a FRA proposes to amend Chapter 7 of APTA, and FRA. The new Chapter 12 doctor orders the over-the-counter the Guide to include the new codes for was presented in November of 2001 to medication at prescription strength. remote control locomotive operations, the entire Working Group, and the Under OSHA’s Final Rule, however, a and for reporting the location of a rail Working Group accepted the chapter in doctor’s order to take over-the-counter equipment accident/incident using its entirety. medication at prescription strength is longitude and latitude variables. considered medical treatment rather M. Proposed Changes in Reporting of than first aid. For example, under L. Proposed New Chapter 12 of the Accidents/Incidents Involving Remote OSHA’s Final Rule, if a doctor orders a Guide on Reporting by Commuter Control Locomotives patient to take simultaneously three 200 Railroads mg. tablets of over-the-counter FRA has been faced with a number of An FRA notice entitled, ‘‘Notification Ibuprofen, since 467 mg. of Ibuprofen is commuter rail service accident reporting of Modification of Information considered to be prescription strength, issues. For example, in reviewing Collection Requirements on Remote this case would be reportable. accident/incident data using automated Control Locomotives,’’ says that the The Working Group struggled with processing routines, FRA could not Special Study Blocks on the rail this issue. On the one hand, it is a distinguish Amtrak’s commuter equipment accident report and legitimate concern that reportability not activities from its intercity service, and highway-rail crossing report, as well as be manipulated by encouraging could not always distinguish between a special codes in the narrative section of

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the ‘‘Injury and Illness Summary Report N. Proposed Changes in Circumstance respect to codes. Specifically, the (Continuation Sheet),’’ are for only Codes (Appendix F of the Guide) Working Group started by referring to temporary use until part 225 and the Prior to 1997, the ‘‘Injury and Illness proposed codes that pertained to Guide are amended. 65 FR 79915, Dec. Summary Report (Continuation Sheet)’’ switching operations. These codes were 20, 2000. At the November 2001 contained a field called ‘‘Occurrence Probable Reason codes that came out of Working Group meeting, some members Code.’’ The field attempted to describe a separate FRA Working Group on brought up this statement in FRA’s what a person was doing at the time the Switching Operations Fatality Analysis notice and the need to craft regular person was injured. Often the action of (SOFA). The task group revised the means for reporting accidents/incidents the injured person was the same, but the SOFA codes and added them to involving remote control locomotives equipment involved was different, so a Appendix F. The entire Working Group (RCL). In response, a special task group different Occurrence Code was needed then reviewed and voted to approve all was formed to study the reporting of for each situation, e.g., person getting off of the task force’s proposed codes. RCL-related rail equipment accidents, locomotive, person getting off freight O. Proposed Changes in Three Forms highway-rail crashes, and casualties. car, person getting off passenger car. (Appendix H of the Guide) In December of 2001, the task group Another problem with the Occurrence The Working Group converted the initially decided to recommend Code was that the code did not provide Form FRA F 6180.78, ‘‘Notice to modifying the ‘‘Rail Equipment the information necessary to explain the Railroad Employee Involved in Rail Accident/Incident Report Form’’ (FRA F incident, e.g., if the injury was electric Equipment Accident/Incident 6180.54) and the ‘‘Highway-Rail Grade shock, the Occurrence Code was ‘‘using Attributed to Employee Human Factor Crossing Accident/Incident Report hand held tools,’’ so FRA could not tell [and] Employee Statement Form’’ (FRA F 6180.57) to add an from the report if the electrical shock Supplementing Railroad Accident additional block to capture RCL was from the hand tool, the third rail, Report,’’ and Form FRA F 6180.81, operations, but the task group was not lightning, or drilling into a live electric ‘‘Employee Human Factor Attachment’’ able to reach consensus on the ‘‘Injury wire. and Illness Summary Report To address these concerns, the to question-and-answer format, and (Continuation Sheet)’’ (FRA F 6180.55a). Occurrence Code field was replaced in simplified the language so that they are Railroad representatives were 1997 with the Circumstance Code field. easier to understand. One issue raised concerned about modifying the The change allowed for more flexibility was whether a specific warning related accident/incident database with in describing what the person was doing to criminal liability for falsifying the additional data elements. The FRA when injured. Under the broad category form should be included on the form. representatives proposed a new, of Circumstance Codes, FRA had Some Working Group members believed modified coding scheme that utilized developed five subsets of codes: that a warning would only serve to the Probable Reason for Injury/Illness Physical Act; Location; Event; Tools, intimidate employees from filling out Code field in the set of Circumstance Machinery, Appliances, Structures, the form. FRA noted that it was Codes and also included some Surfaces (etc.); and Probable Reason for important to put the warning on the additional Event Codes and two special Injury/Illness. form to deter employees from falsifying Job Codes. During the next five years, FRA and information on the forms. FRA also During a subsequent Working Group the railroad reporting officers realized noted that the same warning would be meeting, a new element was added as that there were still gaps in the codes. included on the form for reporting Item 30a, ‘‘Remote Control FRA proposed expanding the list of officers. Given that labor representatives Locomotive,’’ on the ‘‘Rail Equipment Circumstance Codes and determined felt strongly that the language was too Accident/Incident Report’’ form to that some injuries and fatalities should intimidating, it was agreed that a allow entry of one of four possible always be reported using a narrative. general warning would be included on values: Also, some Circumstance Codes the back of the form, and that the ‘‘0’’—Not a remotely controlled required the use of narratives. In the warning would not specifically state the operation; July 2001 Working Group meeting, the penalties for falsifying information on ‘‘1’’—Remote control portable railroads noted that expanded the form. In addition, the Working transmitter; Circumstance Codes would assist in Group agreed to propose to modify ‘‘2’’—Remote control tower operation; reporting and analysis. FRA asked the Form FRA F 6180.98 to include an item and railroads to provide an expanded list of for the county in which the accident/ ‘‘3’’—Remote control portable Circumstance Codes for the next incident occurred. transmitter—more than one remote meeting, with the understanding that a P. Miscellaneous Issues Regarding Part control transmitter. narrative would be required when the 225 of the Guide codes did not adequately describe the For the ‘‘Highway-Rail Grade Crossing incident. By the September 2001 1. Longitude and Latitude Blocks for Accident/Incident Report’’ form to meeting, the railroads had produced Two Forms capture RCL operations, the ‘‘Rail many new codes, which FRA compiled Following discussions of this issue, Equipment Involved’’ block would be and presented at the November 2001 the Working Group agreed that modified to add three additional values: meeting. At that meeting, rail labor provision could be made for voluntarily ‘‘A’’—Train pulling—RCL; discussed RCL reporting. In the January reporting the latitude and longitude of ‘‘B’’—Train pushing—RCL; and 2002 Working Group meeting, the a rail equipment accident/incident, a ‘‘C’’—Train standing—RCL. members reviewed the compiled list, trespasser incident, and an employee These recommendations were accepted including the special RCL codes. The fatality. FRA proposes to add blocks to by the Working Group, as well as the Working Group made recommendations the Form FRA F 6180.54 and Form FRA changes in the Job Codes and to move some of the codes to other F 6180.55a for this information. The Circumstance Codes for the ‘‘Injury and areas. In the March 2002 Working Group reason FRA is seeking to gather this Illness Summary Report (Continuation meeting, a task group was formed to information is to better determine if Sheet).’’ resolve the remaining issues with there is a pattern in the location of

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certain rail equipment accidents/ of the accident/incident could not be non-work-related event or exposure that incidents, trespasser incidents, and determined. If a railroad uses this code, occurs outside the work environment.’’ This employee fatalities. Geographic the railroad would be required to language is intended as a restatement of the information systems under development include in the narrative block, an principle expressed in 1904.5(a), described above. Regardless of where signs or in the public and private sectors provide explanation for why the cause of the symptoms surface, a case is recordable only an increasingly capable means of accident/incident could not be if a work event or exposure is a discernable organizing information. Railroads are determined. cause of the injury or illness or of a mapping their route systems, and significant aggravation to a pre-existing 3. ‘‘Most Authoritative’’: Determining increasingly accurate and affordable condition. Global Positioning System (GPS) Work-Relatedness and Other Aspects of Section 1904.5(b)(3) states that if it is not receivers are available and in Reportability obvious whether the precipitating event or widespread use. The duty to report work-related exposure occurred in the work environment illnesses under the current rule has or elsewhere, the employer ‘‘must evaluate 2. Train Accident Cause Code ‘‘Under occasioned concern and disagreement the employee’s work duties and environment to decide whether or not one or more events Investigation’’ (Appendix C of the about not only whether an illness exists, Guide) or exposures in the work environment caused but, more importantly and more or contributed to the resulting condition or One of the tasks addressed by the controversially, whether the illness is significantly aggravated a pre-existing Working Group was to define ‘‘under work-related. Often an employee’s condition.’’ This means that the employer investigation’’ as that term is used in doctor’s opinion is that an employee’s must make a determination whether it is Cause Code M505, ‘‘Cause under illness is work-related, while the more likely than not that work events or investigation (Corrected report will be railroad’s doctor’s opinion is that the exposures were a cause of the injury or forwarded at a later date),’’ and to put illness is not work-related. In providing illness, or a significant aggravation to a pre- that definition in Chapter 7 of the existing condition. If the employer decides guidance in how a reporting officer is to the case is not work-related, and OSHA Guide, under subpart C, ‘‘Instructions determine whether an illness is work- subsequently issues a citation for failure to for Completing Form FRA F 6180.54,’’ related, OSHA’s Final Rule states, record, the Government would have the block 38, ‘‘Primary Cause Code’’ and [the employer] must consider an injury or burden of proving that the injury or illness Appendix C of the Guide. Currently, illness to be work-related if an event or was work-related. many accidents/incidents of a exposure in the work environment either (Emphasis added.) 66 FR 66944. FRA significant nature, e.g., ones that are caused or contributed to the resulting involved in private litigation for many condition or significantly aggravated a pre- proposes to conform to this language, years, are coded as ‘‘under existing injury or illness. Work-relatedness is particularly with respect to making investigation.’’ Even if FRA and the presumed for injuries and illnesses resulting reference to the terms ‘‘discernable’’ and railroad think that they know the from events or exposures occurring in the ‘‘significant’’ to qualify the type of primary cause of an accident, some work environment, unless an exception in causation and aggravation, respectively. railroads will not assign a specific cause Sec. 1904.5(b)(2) applies. See proposed definition of ‘‘accident/ code to the accident, either for liability 29 CFR 1904.5(a). In addition, the incident’’ and proposed reportability reasons, or because the railroad or a preamble to OSHA’s Final Rule states, criteria at proposed § 225.19(d). local jurisdiction, or some other The other part of the problem of Accordingly, OSHA has concluded that the determining whether an injury or illness authority is still investigating the determination of work-relatedness is best accident. is work-related is ‘‘who decides.’’ The made by the employer, as it has been in the Working Group proposed to adopt To provide finality to the process of past. Employers are in the best position to investigating an investigation, the obtain the information, both from the OSHA’s Final Rule definition of ‘‘most Working Group agreed that ‘‘under employee and the workplace, that is authoritative’’ stated in OSHA’s Final investigation’’ would mean under active necessary to make this determination. Rule. In the context of discussing how investigation by the railroad. When the Although expert advice may occasionally be to determine whether or not a case is railroad has completed its own sought by employers in particularly complex new, OSHA’s Final Rule states, investigation and received all laboratory cases, the final rule provides that the determination of work-relatedness ultimately If you receive recommendations from two results the railroad must make a ‘‘good rests with the employer. or more physicians or other licensed health faith’’ determination of the primary care professionals, you must make a decision cause of the accident, any contributing 66 FR 5950. as to which recommendation is the most causes, and their proper codes. The Following publication of this Final authoritative (best documented, best railroad must not wait for FRA or NTSB Rule, the National Association of reasoned, or most [persuasive]) and record the case based upon that recommendation. to complete its investigation before Manufacturers (NAM) filed a First assigning a cause code. After FRA or Amended Complaint challenging 29 CFR 1904.6(b)(3). (Note: the NTSB completes its investigation, the portions of the Final Rule. As part of the preamble to OSHA’s Final Rule uses the railroad may choose to amend the cause NAM–OSHA settlement agreement, word ‘‘persuasive’’ while the rule text code on the accident report. published in the Federal Register, the uses the word ‘‘authoritative’’ where Accordingly, FRA proposes to revise the parties agreed to the following: FRA put the word ‘‘persuasive’’ in Guide to show that the meaning of the Under this language [29 CFR 1904.5(a)], a brackets. FRA chose to use the language cause code in question has been case is presumed work-related if, and only if, from the preamble, instead of that in the changed to ‘‘Cause under active an event or exposure in the work rule text, to avoid redundancy.) investigation by reporting railroad environment is a discernable cause of the The question of who is the ‘‘most (Amended report will be forwarded injury or illness or of a significant authoritative’’ physician or other when reporting railroad’s active aggravation to pre-existing condition. The licensed health care professional arises work event or exposure need only be one of in a number of contexts when there is investigation has been completed).’’ the discernable causes; it need not be the sole In addition, the Working Group or predominant cause. a conflict of medical opinion. agreed to add a new code ‘‘M507’’ to Section 1904.5(b)(2) states that a case is not Conflicting medical opinions, often denote accidents/incidents in which the recordable if it ‘‘involves signs or symptoms between an employee’s physician and a investigation is complete but the cause that surface at work but result solely from a railroad’s company physician, arise

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regarding whether an injury or illness is authorizes breath testing for reasonable (4) Occupational illness. work-related, whether and how many cause: (The designation ‘‘(4)’’ in the definition days away from work an employee above should read ‘‘(iv).’’ See needs to recuperate from a work-related * * * * * The employee has been involved in an § 225.19(d)(3).) The parallel language in injury or illness, and whether a fatality accident or incident reportable under Part FRA’s proposed definition reads as was work-related, or arose from the 225 of this chapter, and a supervisory follows: operation of a railroad. FRA proposes to employee of the railroad has a reasonable adopt in its Guide OSHA’s definition in belief, based on specific, articulable facts, ‘‘Accident/incident’’ means: its Final Rule of ‘‘most authoritative,’’ that the employee’s acts or omissions * * * * * and to adopt the language from the contributed to the occurrence or severity of (3) Any event or exposure arising from the NAM–OSHA settlement agreement in the accident or incident; operation of a railroad, if the event or * * * * * exposure is a discernable cause of any of the order to resolve this issue. (See also following, and the following is a new case or discussion of FRA review of work- [Emphasis added.] It should also be a significant aggravation of a pre-existing relatedness determinations under noted that § 219.301(b)(2) is injury or illness: section ‘‘III.G.2.b.’’ of the preamble.) incorporated by reference in (i) Death to any person; § 219.301(c) as a basis for ‘‘for cause (ii) Injury to any person that results in 4. Job Title versus Job Function medical treatment; drug testing.’’ (iii) Injury to a railroad employee that An additional issue resolved by the The definition of ‘‘reportable injury’’ results in: Working Group was to propose to would be revised to mean an injury (A) A day away from work; amend the Guide’s instructions for reportable under part 225 of this chapter (B) Restricted work activity or job transfer; completing blocks 40–43 of FRA Form except for an injury that is classified as or F6180.54 to make it clear that the job ‘‘covered data’’ under § 225.5 of this (C) Loss of consciousness; function of the employee, rather than chapter. The term ‘‘reportable injury’’ (iv) Occupational illness of a railroad the employee’s job title, would be used appears in three provisions of part 219, employee that results in any of the following: (A) A day away from work; to determine the employee’s job title for each of which describes an event that (B) Restricted work activity or job transfer; reporting purposes, when the railroad triggers the requirement for post- (C) Loss of consciousness; or gives the employee a job title other than accident toxicological testing: (i) A (D) Medical treatment; ‘‘engineer,’’ ‘‘fireman,’’ ‘‘conductor,’’ or ‘‘major train accident’’ that includes a (v) A significant injury to or significant ‘‘brakeman.’’ release of hazardous material lading illness of a railroad employee diagnosed by with a ‘‘reportable injury’’ resulting a physician or other licensed health care 5. ‘‘Recording’’ versus ‘‘Reporting’’ from the release; (ii) an ‘‘impact professional even if it does not result in death, a day away from work, restricted work Under OSHA’s Final Rule, the term accident’’ involving damage above the activity or job transfer, medical treatment, or ‘‘recording’’ is used. Under FRA’s current reporting threshold and loss of consciousness; regulations and Guide, the term resulting in a ‘‘reportable injury’’; and (vi) An illness or injury that meets the ‘‘reporting’’ is used. Since FRA has (iii) a passenger train accident with a application of the following specific case always used the term ‘‘reporting’’ and ‘‘reportable injury’’ to any person. criteria: since one of the statutes authorizing part §§ 219.201(a)(1)(ii)(B), 219.201(a)(2), (A) A needlestick or sharps injury to a and 219.201(a)(4). railroad employee; 225 uses the term ‘‘reporting,’’ FRA (B) Medical removal of a railroad proposes to continue to use in its The reason that ‘‘accident or incident reportable under Part 225’’ and employee; regulations and Guide the term (C) Occupational hearing loss of a railroad ‘‘reporting’’ instead of ‘‘recording.’’ See ‘‘reportable injury’’ would not, for employee; 49 U.S.C. 20901(b)(1) (‘‘In establishing purposes of part 219, include covered (D) Occupational tuberculosis of a railroad or changing a monetary threshold for data cases is that while these cases are employee; or the reporting of a railroad accident or of importance from the standpoint of (E) An occupational musculoskeletal incident * * *’’) rail safety analysis and therefore disorder of a railroad employee that is reportable, they are, nevertheless, independently reportable under one or more IV. Section-by-Section Analysis comparatively less severe than fatalities, of the general reporting criteria. Section 219.5 Definitions other injuries and illnesses and, as such, The phrase ‘‘discernable cause’’ should not trigger alcohol and drug would be included in the proposed For purposes of part 219, ‘‘accident or testing or related requirements and definition, and the words ‘‘or exposure’’ incident reportable under Part 225’’ sanctions. would be added before the word would be defined to exclude a case that ‘‘arising.’’ The addition of the word Section 225.5 Definitions is classified as ‘‘covered data’’ under ‘‘discernable’’ is intended to take into § 225.5 of this chapter (i.e., employee ‘‘Accident/incident’’ would be account the OSHA–NAM settlement injury/illness cases exclusively resulting redefined to conform to OSHA’s Final agreement, which also uses from a written recommendation to the Rule. Under FRA’s current rule, ‘‘discernable’’ to describe ‘‘cause.’’ As employee by a physician or other ‘‘accident/incident’’ is defined in part defined in Webster’s Third New licensed health care professional for as, International Dictionary, Unabridged time off when the employee instead (3) Any event arising from the operation of (1971), ‘‘discernable’’ means ‘‘capable of returned to work, or for a work a railroad which results in: being discerned by the senses or the restriction that was not imposed, or for (i) Death to any person; understanding: distinguishable (a trend) a non-prescription medication (ii) Injury to any person that requires (there was the outline of an old trunk- recommended in writing to be taken at medical treatment; Floyd Dell).’’ FRA understands why a prescription dose, whether or not the (iii) Injury to a railroad employee that some Working Group members results in: medication was taken). The term (A) A day away from work; requested this change as a matter of ‘‘accident or incident reportable under (B) Restricted work activity or job transfer; conformity and to emphasize that the Part 225’’ appears in § 219.301(b)(2), in or employer is not required to speculate the description of an event that (C) Loss of consciousness; or regarding work-relatedness. By the same

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token, FRA emphasizes that when her condition.’’ § 225.5. Under the transportation business. Accordingly, confronted with specific claims Guide, ‘‘If the days away from work with respect to a person who is not a regarding work-relatedness, it is the were entirely unconnected with the railroad employee and not on property employer’s responsibility to fairly injury (e.g., plant closing or scheduled owned, leased, or maintained by the evaluate those claims and opt for seasonal layoff), then the count can railroad, the definition of ‘‘event or reporting if an event, exposure, or series cease at this time.’’ Guide, Ch. 6, p. 31, exposure arising from the operation of a of exposures in the workplace likely question 34. FRA proposes to come railroad’’ is more narrow, covering a contributed to the cause or significantly closer to following OSHA’s general more limited number of circumstances aggravated the illness. recording criteria under 29 CFR 1904.7 than for persons who are either on The Working Group agreed that the of ‘‘day away from work’’ by proposing railroad property, or for railroad definition of ‘‘accident/incident’’ also that the definition be ‘‘any calendar day employees whether on or off property needed to include that the case had to subsequent to the day of the injury or owned, leased or maintained by the be a new case, or a significant the diagnosis of the illness that a railroad. The justification for narrowing aggravation of a pre-existing condition. railroad employee does not report to the set of circumstances in which a This reference to a ‘‘new case’’ was work, or was recommended by a railroad would be required to report added to conform to § 1904.4 of OSHA’s physician or other licensed health care certain injuries and illnesses for events Final Rule, and the reference to professional not to return to work, as that occur off railroad property is ‘‘significant’’ aggravation of a pre- applicable, even if the employee was because it is difficult for railroads to existing condition was added to not scheduled to work on that day.’’ know about and follow up on injuries to conform to the OSHA–NAM settlement Currently, if a doctor recommends that persons who are not railroad employees. agreement. an employee not return to work, but the Even more so for persons who are not The inclusion of ‘‘death to any employee ignores the doctor’s advice employees to contractors to a railroad, a person’’ would remain the same. and returns to work anyway, this would reporting railroad would have difficulty ‘‘[I]njury to any person which requires not count as a day away from work. tracking, for example, a slip and fall medical treatment’’ would be changed Under OSHA’s Final Rule, however, the case of a passenger, who may to ‘‘Injury to any person that results in reporting entity would still have to subsequently seek medical treatment medical treatment’; no substantive count all the days the doctor from his or her doctor, but not report change is proposed. Injury to a railroad recommended that the employee not this to the railroad. Railroads simply employee that results in ‘‘(A) A day work. As a compromise, FRA proposes have more limited opportunity to know away from work; (B) Restricted work that the railroad would have to report about injuries and illnesses to persons activity or job transfer; or (C) Loss of one day away from work, even if the other than those who are injured on consciousness’ would not change. FRA employee actually returned to work on their property or who are employed by would, however, change the existing that day, as discussed previously in the the railroad. Accordingly, injuries to rule that all occupational illnesses of preamble. The revision of the definition such persons would not be considered railroad employees are to be reported of ‘‘day away from work’’ is intended to for reporting purposes as events or and require that they be reported only take into account the new rule for exposures arising from the operation of under certain enumerated conditions. reporting the number of days away from the railroad. This would also make it clear that an work. The definition of ‘‘medical treatment’’ occupational illness of an employee to The definition of ‘‘day of restricted would be revised as discussed earlier in a contractor to a railroad is not to be work activity’’ would be revised for the the preamble, to conform generally to reported. Further, FRA proposes to add same reason that FRA is proposing to OSHA’s new definition under 29 CFR to its criteria for reportability revise the definition of ‘‘day away from 1904.7(b)(5)(i) of ‘‘medical treatment.’’ ‘‘significant injuries or illnesses,’’ work.’’ The proposed definition reads, ‘‘needlestick or sharps injuries,’’ The definition of ‘‘event or exposure ‘‘medical removal,’’ ‘‘occupational arising from the operation of a railroad’’ any medical care or treatment beyond ‘‘first hearing loss,’’ ‘‘occupational would be added to include, (1) with aid’’ regardless of who provides such tuberculosis,’’ and an independently respect to a person who is on property treatment. Medical treatment does not include diagnostic procedures, such as X- reportable ‘‘occupational owned, leased, or maintained by the rays and drawing blood samples. Medical musculoskeletal disorder’’ to railroad railroad, an activity of the railroad that treatment also does not include counseling. employees to track OSHA’s Final Rule. is related to the performance of its rail Finally, as previously discussed, a transportation business or an exposure FRA proposes that any type of three-tier definition of ‘‘event or related to the activity; (2) with respect counseling, in and of itself, is not exposure arising from the operation of a to an employee of the railroad (whether considered to be medical treatment. If, railroad’’ would be added. on or off property owned, leased or for example, a locomotive engineer The definition of ‘‘accountable injury maintained by the railroad), an activity witnesses a grade crossing fatality and or illness’’ would be revised by of the railroad that is related to the subsequently is diagnosed as suffering substituting the words ‘‘railroad performance of its rail transportation from Post Traumatic Stress Syndrome as employee’’ for ‘‘railroad worker,’’ and business or an exposure related to the a result of the incident, and receives by adding the word ‘‘discernably’’ activity; and (3) with respect to a person counseling for this, the case is not before the word ‘‘associated.’’ These are who is not a railroad employee and not reportable. The only factors that would technical changes to bring the language on property owned, leased, or make the case reportable would be if, in into conformity with the rest of the maintained by the railroad—(i) a train addition to the counseling, the regulatory text. accident; a train incident; a highway-rail employee received prescription The definition of ‘‘day away from crossing accident/incident involving the medication, such as tranquilizers, had a work’’ currently means ‘‘any day railroad; or (ii) a release of a hazardous day away from work or was placed on subsequent to the day of the injury or material from a railcar in the railroad’s restricted work, was transferred to diagnosis of occupational illness that a possession or a release of other another job, or met one of the other railroad employee does not report to dangerous commodity that is related to criteria for reportability in § 225.19(d). work for reasons associated with his or the performance of the railroad’s rail In addition to the general objective of

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inter-industry conformity, this change is Duty—Employee are to be reported. be used primarily as guidance for when supported by the absence of meaningful Contrarily, under the current definition to check the MSD column on the 300 interventions available to prevent such of ‘‘occupational illness’’ other Log. See 66 FR 6129–6130. Note that disorders. Although involvement in categories of persons, such as Worker on choosing to exclude this definition from highway-rail crossing and trespass Duty—Contractor, are included in the FRA’s final rule would not affect an casualties is a known cause of stress in definition, but illnesses to those persons employer’s obligation to report work- the railroad industry, FRA and its are not reportable because § 225.19(d)(4) related injuries and illnesses involving partners are already aware of that fact limits the reportability of occupational muscles, nerves, tendons, ligaments, and are making every effort to prevent illnesses to those of ‘‘a railroad joints, cartilage and spinal discs in these occurrences. Further, the industry employee.’’ accordance with the requirements is actively engaged in preventive post- ‘‘Occupational musculoskeletal applicable to any injury or illness. If the event counseling. disorder’’ would be defined essentially definition of MSD were to be omitted ‘‘General reportability criteria’’ would as it is set forth by OSHA in 29 CFR from the Final Rule, this difference mean the criteria set forth in 1904.12. One of the most common forms would be discussed in the MOU. FRA § 225.19(d)(1)–(5). of occupational musculoskeletal also seeks comment on whether or not ‘‘Medical removal’’ would be defined disorder is Carpal Tunnel Syndrome this definition should ‘‘float’’ with as it is described in OSHA’s recording and other repetitive motion disorders. OSHA’s. See discussion of ‘‘float’’ vs. criteria under 29 CFR 1904.9 for Under 1904.12 of its January 19, 2001, ‘‘fixed’’ at section III.D.1 of the medical removal cases. ‘‘Medical Final Rule, OSHA defines preamble, above. removal’’ refers to removing an musculoskeletal disorders (MSDs) as: ‘‘Occupational tuberculosis’’ would employee from a work location because disorders of the muscles, nerves, tendons, be defined in general conformity with that location has been determined to be ligaments, joints, cartilage and spinal discs. OSHA’s recording criteria under 29 CFR a health hazard. FRA proposes that this MSDs do not include disorders caused by 1904.11 for work-related tuberculosis definition would change automatically slips, trips, falls, motor vehicle accidents, or cases. The word ‘‘occupational’’ would if OSHA elected to revise its recording other similar accidents. Examples of MSDs be included in the term because the criteria. include: Carpal tunnel syndrome, Rotator term is intended to cover only the ‘‘Needlestick and sharps injury’’ and cuff syndrome, De Quervain’s disease, occupational illness and it would be Trigger finger, Tarsal tunnel syndrome, ‘‘new case’’ would be defined in general confusing to define simply conformity with OSHA’s definitions of Sciatica, Epicondylitis, Tendinitis, Raynaud’s phenomenon, Carpet layers knee, Herniated ‘‘tuberculosis’’ when the unmodified these terms under 29 CFR 1904.8 and spinal disc, and Low back pain. term would seem to call for medical 1904.6, respectively. ‘‘Privacy concern definition of tuberculosis in general. case’’ would be defined as in 29 CFR 66 FR at 6129. See also 66 FR at 52034. ‘‘Significant change in the number of 1904.29, except that FRA would However, as noted in the overview in reportable days away from work’’ would categorically exclude MSDs from Section I of this preamble, OSHA has be defined as a ten-percent or greater privacy concern cases. As discussed in delayed the effective date of this change in the number of days away from section ‘‘III.G.1.,’’ above, FRA seeks provision from January 1, 2002, to work that the railroad would have to comment on whether or not FRA should January 1, 2003, and has proposed to report. FRA decided on ten percent as adopt this exclusion, especially if delay the effective date until January 1, the threshold so that railroads would OSHA’s proposed January 1, 2004, delay 2004, ‘‘to give [OSHA] the time not have to submit amended reports for takes effect, but in either case. FRA also necessary to resolve whether and how de minimis changes in data. For seeks comment on whether it should MSDs should be defined for example, if a railroad estimated that an adopt the proposed exclusion of MSDs recordkeeping purposes.’’ See 67 FR employee would be away from work for from privacy concern cases as a fixed 44125. As the issue of OSHA’s proposed 30 days and reported the 30-day approach beginning on the effective date delay of this provision was not before estimate to FRA, and the employee was of FRA’s final rule or whether FRA the Working Group when consensus actually away from work for 32 days, should ‘‘float’’ with OSHA, i.e., make was reached, FRA seeks comment on the railroad would not have to amend the existence or nonexistence of the whether or not FRA should still adopt its accident report to reflect this change. exclusion contingent on OSHA’s action. the above definition of MSDs if OSHA’s Moreover, FRA uses a ten-percent ‘‘Occupational hearing loss’’ would be proposed January 1, 2004, delay takes threshold for amending rail equipment defined as OSHA currently defines it effect. If FRA goes forth with the accident reports. Specifically, if a under 29 CFR 1904.10 for calendar year provision as approved by the Working railroad estimates the damage from a 2002. As discussed in section ‘‘III.D.1.,’’ Group, FRA would be adopting the rail equipment accident to be $7,000, a above, FRA seeks comment on whether definition in advance of OSHA’s railroad need not amend that report FRA should adopt OSHA’s new defining of the term, a result that may unless the actual damage exceeds approach for calendar year 2003 as its not have been contemplated by the $7,700. If on the other hand, the actual fixed approach, beginning on the Working Group when it agreed to follow damage is less than the reporting effective date of FRA’s final rule, or OSHA on this issue prior to the issuance threshold, but less than ten percent whether FRA should diverge from of the proposed delay. See discussion difference from the estimate, the OSHA and continue to enforce OSHA’s concerning reporting criteria for MSDs railroad would be allowed to amend the current approach (which was approved at section III.D.1 of the preamble, above. report to indicate that the incident was by the Working Group and the RSAC Even if OSHA chooses not to delay the not a reportable accident. For example, and is the same as FRA’s current effective date of this provision, FRA in the scenario above, if the actual approach) as a fixed approach beginning seeks comment on whether or not we damage was $6,400 (less than 10- on the effective date of FRA’s final rule. should even adopt OSHA’s definition percent difference from the $7,000 The definition of ‘‘occupational for calendar year 2003, since it states estimate), the railroad would illness’’ has been revised to make it that there are no special criteria beyond nevertheless be permitted not to report clear that only certain occupational the general recording criteria for the incident. While the ten-percent illnesses of a person classified under determining which MSDs to record and threshold is currently in Chapter 6 of Chapter 2 of the Guide as a Worker on because OSHA’s definition appears to the Guide, FRA proposes to create a

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definition in the regulatory text since physical activity without relief) may bring it into conformity with the rest of the General Accounting Office have played a role in causing the the proposed regulatory text. recommended that FRA define this fatality. In addition, under subsection Section 225.25 Recordkeeping term. (a)(1), FRA would add the death of an For clarification of the terms employee of a contractor to a railroad FRA proposes to amend this section ‘‘Significant illness’’ and ‘‘Significant performing work for the railroad on by revising subsection 225.25(h)(15) to injury’’, see discussion earlier in section property owned, leased, or maintained apply to ‘‘privacy concern cases.’’ ‘‘III.D.1.’’ of the preamble, above. by the contracting railroad as a new Accordingly, under the proposed subsection, a railroad is permitted not to Section 225.9 Telephonic Reports of category for telephonic reporting. In proposed subsection (a)(2), FRA post information on an occupational Certain Accidents/Incidents and Other injury or illness that is a ‘‘privacy Events would capture certain train accidents or train incidents, even if death or injury concern case.’’ ‘‘Privacy concern case’’ Currently, § 225.9 requires a railroad does not necessarily occur as a result of would be defined in proposed § 225.5. to report immediately by telephone any the accident or incident. Currently, FRA accident/incident arising from the Section 225.39 FRA Policy Statement does not require telephonic reporting of on Covered Data operation of the railroad that results in certain train accidents or train incidents In connection with the requirements the death of a railroad employee or per se, but requires that they be reported for reporting employee illness/injury railroad passenger or the death or injury only if they result in death of a rail cases exclusively resulting from a of five or more persons. FRA proposes passenger or employee, or death or written recommendation of a physician an amendment to this section, as injury of five or more persons. recommended by the Working Group, to or other licensed health care provider Accordingly, FRA proposes that add new circumstances under which a (POLHCP) for time off when the railroads telephonically report railroad is to telephonically report and employee instead returned to work, or a immediately, whenever it learns of the to clarify existing procedures for written recommendation for a work occurrence of any of the following telephonic reporting of the expanded restriction that was not imposed, and in events: list of events. connection with the provision for Proposed subsection (a) lists the (i) A train accident that results in serious special reporting of cases exclusively events that a railroad would be required injury to two or more train crewmembers or resulting from the direction of a to report telephonically. In proposed passengers requiring admission to a hospital; POLHCP in writing to take a non- subsection (a)(1), ‘‘Certain deaths or (ii) A train accident resulting in evacuation prescription medication at prescription injuries,’’ FRA proposes that each of a passenger train; (iii) A fatality at a highway-rail grade dose, FRA proposes to express its policy railroad must report immediately, crossing as a result of a train accident or train that these cases would not be included whenever it learns of the occurrence of incident; in FRA’s regular statistical summaries. an accident/incident that arose from the (iv) A train accident resulting in damage The data are requested by the operation of the railroad, or an event or (based on a preliminary gross estimate) of Department of Labor to ensure exposure that may have arisen from the $150,000, to railroad and nonrailroad comparability of employment-related operation of the railroad, that has property; or safety data across industries. The data certain specified consequences. FRA (v) A train accident resulting in damage of may also be utilized for other purposes proposes to use the phrase ‘‘may have $25,000 or more to a passenger train and as the need arises, but they would not railroad and nonrailroad property. arisen’’ in the proposed regulatory text, be reported in FRA’s periodic statistical instead of keeping the current language In proposed subsection (a)(3), FRA summaries for the railroad industry. ‘‘arising from the operation of a would require telephonic reporting of Section 240.117 Criteria for railroad,’’ because a railroad may not incidents in which reportable Consideration of Operating Rules learn for some time that a particular derailment or collision occurs on, or Compliance Data event in fact arose from the operation of fouls, a line used for scheduled the railroad. By stating that a railroad passenger service. This final provision FRA proposes a minor change to its must report an event that ‘‘may’’ have would permit more timely initiation of locomotive engineer qualifications arisen from the operation of the railroad, investigation in cases where the regulations, which uses a term from part FRA is assured to capture a broader underlying hazards involved could 225. In particular, § 240.117(e)(2) of the group of cases. For example, if a railroad threaten the safety of passenger locomotive engineer qualifications employee dies of a heart attack on the operations. regulations defines one of the types of railroad’s property, the railroad may not For clarification of other aspects of violations of railroad rules and practices know for weeks, following a coroner’s this proposed section, see discussion at for the safe operation of trains that is a report, what the cause of death was, and section ‘‘III.C.’’ of this preamble, above. basis for decertifying a locomotive whether the death was work-related. engineer: failures to adhere to the This case might not get immediately Section 225.19 Primary Groups of conditional clause of a restricted speed reported because the railroad did not Accidents/Incidents rule ‘‘which cause reportable accidents immediately learn that the death arose FRA proposes to amend subsection or incidents under part 225 of this out of the operation of a railroad. Under (d), ‘‘Group III, ‘‘Death, injury, chapter. * * *’’ This proposed the proposed change, if the death ‘‘may’’ occupational illness.’’ See prior amendment would create an exception have arisen out of the operation of the discussion in section-by-section for accidents or incidents that are railroad, the case would be immediately analysis of the definition of ‘‘accident/ classified as ‘‘covered data’’ under reported, permitting FRA to commence incident’’ and ‘‘event or exposure proposed part 225. ‘‘Covered data’’ its investigation in a timely manner. arising from the operation of a railroad.’’ would be defined as accidents or Even when death is ultimately Proposed 225.5. incidents that are reportable only determined to be caused by a coronary because a physician or other licensed event, for instance, it is appropriate to Section 225.23 Joint Operations health care professional recommended inquire whether unusual workplace FRA proposes to make technical in writing that a railroad employee take stressors (e.g., extreme heat, excessive amendments to § 225.23(a) simply to one or more days away from work, that

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the employee’s work activity be The major benefits anticipated from agencies on consultation with SBA and restricted for one or more days, or that implementing this proposed rule in conjunction with public comment. the employee take over-the-counter include savings from a simplification in Pursuant to Section 312 of the Small medication at a dosage equal to or the reporting of occupational injuries Business Regulatory Enforcement greater than the minimum prescription due to a new definition of ‘‘first aid.’’ Fairness Act of 1996 (Pub. L. 104–121), strength, whether or not the medication This benefit will produce a savings in FRA has published an interim policy is taken. The reason that ‘‘covered data’’ the decision making process for both that formally establishes ‘‘small would be excluded as a partial basis for reportable injuries and accountable entities’’ as being railroads that meet the decertification under § 240.117(e)(2) is injuries. Additional savings would also line-haulage revenue requirements of a that the injuries and illnesses associated occur from a reduction in the average Class III railroad. 62 FR 43024, Aug. 11, with ‘‘covered data’’ cases are burden time to complete a Rail 1997. Currently, the revenue comparatively less severe than other Equipment Accident/Incident Report. requirements are $20 million or less in types of injuries and illnesses, and, as This savings is largely a product of a annual operating revenue. The $20 such, when coupled with a violation of revision to the train accident cause million limit is based on the Surface restricted speed, should not trigger a codes. The revised casualty Transportation Board’s threshold of a decertification hearing under part 240. circumstance codes would produce a Class III railroad carrier, which is savings from a reduction in the use of adjusted by applying the railroad V. Regulatory Impact and Notices the narrative block on the railroad revenue deflator adjustment. See 49 CFR A. Executive Order 12866 and DOT injury and illness reports. Finally, Part 1201. The same dollar limit on Regulatory Policies and Procedures railroads should receive a savings from revenues is established to determine a simplification in counting the number whether a railroad shipper or contractor This proposed rule has been of days away from work or of restricted is a small entity. FRA proposes to use evaluated in accordance with existing work activity. This includes a savings this alternative definition of ‘‘small policies and procedures, and due to a reduction from 365 to 180 days entity’’ for this rulemaking. Since this is determined to be non-significant under for the maximum number of days that still considered to be an alternative both Executive Order 12866 and DOT the railroads would have to track and definition, FRA is using this definition policies and procedures (44 FR 11034; report injuries and illnesses. FRA also in consultation with the Office of Feb. 26, 1979). FRA has prepared and anticipates that there would also be Advocacy, SBA, and therefore requests placed in the docket a regulatory qualitative benefits from this public comment on its use. evaluation addressing the economic rulemaking from better data or Like the Regulatory Flexibility Act of impact of this rule. Document information on railroad reports, and the 1980, a recently published executive inspection and copying facilities are increased utility that the additional data order also establishes rulemaking available at 1120 Vermont Avenue, codes would provide to future analysis. procedures related to small entities. NW., 7th Floor, Washington, DC 20590. Executive Order 13272, ‘‘Proper Photocopies may also be obtained by B. Regulatory Flexibility Act of 1980 and Consideration of Small Entities in submitting a written request to the FRA Executive Order 13272 Agency Rulemaking,’’ requires in part Docket Clerk at Office of Chief Counsel, The Regulatory Flexibility Act of 1980 that a Federal agency notify the Chief Federal Railroad Administration, 1120 (5 U.S.C. 601–612) requires a Federal Counsel for Advocacy of the SBA of any Vermont Avenue, NW., Washington, DC agency to review its proposed and final of its draft rules that would have a 20590. Access to the docket may also be rules in order to assess their impact on significant economic impact on a obtained electronically through the Web small entities (small businesses, small substantial number of small entities, to site for the DOT Docket Management organizations, and local governments). If consider any comments provided by the System at http://dms.dot.gov. FRA the agency determines that its proposed SBA, and to include in the preamble to invites comments on this regulatory rule would have a significant economic the final rule the agency’s response to evaluation. impact on a substantial number of small any written comments by the SBA As part of the regulatory impact entities, then the agency must prepare unless the agency head certifies that analysis, FRA has assessed quantitative an Initial Regulatory Flexibility including such material would not serve measurements of costs and a qualitative Analysis (IRFA). If the agency the public interest. 67 FR 53461 (Aug. discussion of the benefits expected from determines the opposite, then the 16, 2002). the adoption of this proposed rule. Over agency must certify that determination; In accordance with the Regulatory a 20-year period, the Present Value (PV) an IRFA may also provide the basis for Flexibility Act of 1980, FRA has of the estimated costs is $410 thousand, the agency’s determination that the prepared and placed in the docket an and the PV of the estimated benefits is proposed rule would not have a IRFA, which assesses the small entity $612 thousand. significant economic impact on a impact of this proposed rule. Document The major costs anticipated from substantial number of small entities. inspection and copying facilities are adopting this proposed rule include ‘‘Small entity’’ is defined in 5 U.S.C. available at 1120 Vermont Avenue, those incurred in complying with 601 as including a small business NW., 7th Floor, Washington, DC 20590. additional OSHA-conformity reporting concern that is independently owned Photocopies may also be obtained by requirements, such as the covered data and operated, and is not dominant in its submitting a written request to the FRA cases. Additional reporting burdens will field of operation. The Small Business Docket Clerk at Office of Chief Counsel, also occur from an increase in Administration (SBA) stipulates in its Stop 10, Federal Railroad telephonic reporting, and from the ‘‘Size Standards’’ that the largest a Administration, 1120 Vermont Avenue, reporting of claimed occupational railroad business firm that is ‘‘for- NW., Washington, DC 20590; please illnesses cases by railroads. Finally, profit’’ may be, and still be classified as refer to Docket No. FRA–2002–13221, there are costs associated with the a ‘‘small entity’’ is 1,500 employees for Notice No. 1. familiarization of the railroad reporting ‘‘Line-Haul Operating’’ Railroads, and As stated in the IRFA, FRA has officers with the revised Guide, and for 500 employees for ‘‘Switching and determined that there are over 650 small revisions to FRA and railroad electronic Terminal Establishments.’’ SBA’s ‘‘size railroads that could potentially be reporting systems and databases. standards’’ may be altered by Federal affected by this proposal; however, the

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frequency of accidents/incidents, and will incur five percent or less of the substantial number of small entities; therefore reporting burden, is generally total costs for this proposed rulemaking. therefore, FRA certifies that this proportional to the size of the railroad. It is important to note that this proposed rule is not expected to have a A railroad that employs thousands of proposed rule would also reduce significant economic impact on a employees and operates trains millions recordkeeping burdens by simplifying substantial number of small entities. For of miles is exposed to greater risks than the method used to count employee the same reason, consistent with one whose operation is substantially absences and work restrictions, and by Executive Order 13272, the draft rule smaller, all other things being equal. For reducing the requirement to keep track has not been submitted to the SBA. of lengthy employee absences. The example, in 1998, only 327 railroads However, FRA will consider any proposed rule would also simplify reported one or more casualties. comments submitted by the SBA in reporting requirements with clarifying developing the final rule. In order to The economic impacts from this definitions for things such as ‘‘medical determine the significance of the proposed regulation are primarily a treatment’’ and ‘‘first aid.’’ Train economic impact for the final rule’s result of an increase in casualty accident cause codes and injury Regulatory Flexibility Assessment reporting due to the reporting of some occurrence codes would be added, so (RFA), FRA invites comments from all casualties, due to OSHA recordkeeping that accident and injury data would be interested parties concerning the requirements which this rulemaking is more precise and the need for some potential economic impact on small adopting into FRA reporting narratives would be eliminated. entities caused by this proposed rule. This proposed rule would not provide requirements. In addition, the railroad The Agency will consider the comments alternative treatment for small entities industry will incur small burdens for an and data it receives—or lack of in the regulation or reporting increase in telephonic reporting of some comments and data—in making a accident/incidents, and for requirements. However, small railroads that report using PC-based software will decision on the RFA for the final rule. modifications made to computer not be burdened with any costs for software and databases, however, FRA C. Paperwork Reduction Act of 1995 modifying or changing the software, does not anticipate that any of these since FRA provides this software free to The information collection burdens will be imposed on small all railroads that utilize it. It is requirements in this proposed rule will entities due to the decreased likelihood important to note that just by the fact be submitted for approval to the Office of a casualty occurring on a small that small railroads report fewer of Management and Budget (OMB) railroad. The computer-based burdens accidents/incidents and casualties, they under the Paperwork Reduction Act of are not expected to impact small entities are less likely to be burdened by the 1995, 44 U.S.C. 3501 et seq. The either since most small railroads report proposed rule. sections that contain the new using personal computer (PC)-based The IRFA concludes that this information collection requirements and software provided by FRA. It is proposed rule would not have a the estimated time to fulfill each estimated by FRA that small entities significant economic impact on a requirement are as follows:

Total an- CFR Section—49 CFR Respondent uni- Total annual re- Average time per Total annual burden nual bur- verse responses sponses response hours den cost

225.9—Telephone Reports—Certain Ac- 685 railroads ...... 500 Reports ...... 15 minutes ...... 125 hours ...... $5,250 cidents/Incidents and Other Events. 225.11—Reporting of Rail Equipment Ac- 685 railroads ...... 3,000 forms ...... 2 hours ...... 6,000 hours ...... $252,000 cidents/Incidents (Form FRA F 6180.54). 225.12(a)—Rail Equipment Accident/Inci- 685 railroads ...... 1,000 forms ...... 15 minutes ...... 250 hours ...... $10,500 dent Reports—Human Factor (Form FRA F 6180.81). 225.12(b)—Rail Equipment Accident/Inci- 685 railroads ...... 8,200 10 minutes and 3 527 hours ...... $22,134 dent Repots—Human Factor (Part 1, notices+copies. minutes. Form FRA F 6180.78). 225.12(c)—Rail Equipment Accident/Inci- 685 railroads ...... 100 requests ...... 20 minutes ...... 33 hours ...... $1,386 dent Reports—Human Factor—Joint Operations. 225.12(d)—Rail Equipment Accident/Inci- 685 railroads ...... 20 attachments+20 15 minutes ...... 10 hours ...... $420 dent Reports—Human Factor—Late notices. Identification. 225.12(e)—Rail Equipment Accident/Inci- 685 railroads ...... 75 statements ...... 1.5 hours ...... 113 hours ...... $2,938 dent Reports—Human Factor—Em- ployee Supplement (Part II, Form FRA F 6180.78). 225.12(f)—Rail Equipment Accident/Inci- Railroad Employees 10 letters ...... 2 hours ...... 20 hours ...... $520 dent Reports—Human Factor—Em- ployee Confidential Letter. 225.13—Amended Rail Equipment Acci- 685 railroads ...... 10 amended re- 1 hour+3 minutes ... 11 hours ...... $462 dent/Incident Reports. ports/20 copies. 225.17—Doubtful Cases; Alcohol/Drug 685 railroads ...... 80 reports ...... 30 minutes ...... 40 hours ...... $1,680 Involvement. —Appended Reports ...... 685 railroads ...... 5 reports ...... 30 minutes ...... 3 hours ...... $126 225.19—Highway-Rail Grade Crossing 685 railroads ...... 3,400 forms ...... 2 hours ...... 6,800 hours ...... $285,600 Accident/Incident Reports (Form FRA F 6180.57).

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Total an- CFR Section—49 CFR Respondent uni- Total annual re- Average time per Total annual burden nual bur- verse responses sponses response hours den cost

—Death, Injury, or Occupational Ill- 685 railroads ...... 13,200 forms ...... 20 minutes ...... 4,400 hours ...... $184,800 ness (Form FRA F 6180.55a). 225.21 Forms: —Form FRA F 6180.55—Railroad 685 railroads ...... 8,220 forms ...... 10 minutes ...... 1,370 hours ...... $57,540 Injury/Illness Summary. —Form FRA 6180.56—Annual Re- 685 railroads ...... 685 forms ...... 15 minutes ...... 171 hours ...... $7,182 port of Manhours By State. —Form FRA F 6180.98—RR Em- 685 railroads ...... 18,000 forms ...... 1 hour ...... 18,000 hours ...... $756,000 ployee Injury and/or Illness Record. —Form FRA F 6180.98—Copies ...... 685 railroads ...... 540 copies ...... 2 minutes ...... 18 hours ...... $756 —Form FRA F 6180.97—Initial Rail 685 railroads ...... 13,000 forms ...... 30 minutes ...... 6,500 hours ...... $273,000 Equipment Accident/Incident Record. 225.25—Posting of Monthly Summary ..... 685 railroads ...... 8,220 lists ...... 16 minutes ...... 2,191 hours ...... $92,064 225.27—Retention of Records ...... 685 railroads ...... 1,900 records ...... 2 minutes ...... 63 hours ...... $2,646 225.33—Internal Control Plans—Amend- 685 railroads ...... 60 amendments ..... 14 hours ...... 840 hours ...... $35,280 ed. 225.35—Access to Records and Re- 15 railroads ...... 400 lists ...... 20 minutes ...... 133 hours ...... $5,586 ports—Lists. —Subsequent Years ...... 4 railroads ...... 16 lists ...... 20 minutes ...... 5 hours ...... $210 225.37—Magnetic Media Transfers ...... 8 railroads ...... 96 transfers ...... 10 minutes ...... 16 hours ...... $672 —Batch Control (Form FRA F 685 railroads ...... 200 forms ...... 3 minutes ...... 10 hours ...... $420 6180.99).

All estimates include the time for respond to any OMB or public RSAC, on which several representatives reviewing instructions; searching comments on the information collection of groups representing State and local existing data sources; gathering or requirements contained in this proposal. officials sit. To date, FRA has received maintaining the needed data; and FRA is not authorized to impose a only one concern about the Federalism reviewing the information. Pursuant to penalty on persons for violating implications of this rulemaking from 44 U.S.C. 3506(c)(2)(B), FRA solicits information collection requirements these representatives, regarding whether comments concerning the following which do not display a current OMB or not FRA’s notification requirements issues: whether these information control number, if required. FRA would preempt State accident collection requirements are necessary intends to obtain current OMB control notification requirements. Although our for the proper performance of the numbers for any new information regulations under part 225 preempt functions of FRA, including whether the collection requirements resulting from States from prescribing accident/ information has practical utility; the this rulemaking action prior to the incident reporting requirements, there is accuracy of FRA’s estimates of the effective date of the final rule. The OMB nothing in our regulations that preempts burden of the information collection control number, when assigned, will be States from having their own, perhaps requirements; the quality, utility, and announced by separate notice in the even different, accident notification clarity of the information to be Federal Register. requirements: collected; and whether the burden of D. Federalism Implications Issuance of these regulations under the collection of information on those who federal railroad safety laws and regulations are to respond, including through the Executive Order 13132, entitled, preempts States from prescribing accident/ use of automated collection techniques ‘‘Federalism,’’ issued on August 4, 1999, incident reporting requirements. Any State or other forms of information requires that each agency ‘‘in a may, however, require railroads to submit to technology, may be minimized. For separately identified portion of the it copies of accident/incident and injury/ information or a copy of the paperwork preamble to the regulation as it is to be illness reports filed with FRA under this part, issued in the Federal Register, provide for accident/incidents and injuries/illnesses package submitted to OMB, contact Mr. which occur in that State. Robert Brogan at 202–493–6292. to the Director of the Office of Organizations and individuals Management and Budget a federalism 49 CFR 225.1. FRA does not propose to desiring to submit comments on the summary impact statement, which change this provision that a State may collection of information requirements consists of a description of the extent of require a railroad to submit to the State should direct them to Mr. Robert the agency’s prior consultation with copies of reports required by part 225 Brogan, Federal Railroad State and local officials, a summary of regarding accidents in the State. Administration, 1120 Vermont Avenue, the nature of their concerns and the Additionally, section 20902 of title 49 NW., Mail Stop 17, Washington, DC agency’s position supporting the need to of the United States Code, which 20590. issue the regulation, and a statement of authorizes the Secretary of OMB is required to make a decision the extent to which the concerns of the Transportation to investigate certain concerning the collection of information State and local officials have been met accidents and incidents, provides: ‘‘[i]f requirements contained in this proposed ***.’’ the accident or incident is investigated rule between 30 and 60 days after When issuing the proposed rule in by a commission of the State in which publication of this document in the this proceeding, FRA has adhered to it occurred, the Secretary, if convenient, Federal Register. Therefore, a comment Executive Order 13132. FRA engaged in shall carry out the investigation at the to OMB is best assured of having its full the required Federalism consultation same time as, and in coordination with, effect if OMB receives it within 30 days during the early stages of the the commission’s investigation.’’ This of publication. The final rule will rulemaking through meetings of the full section contemplates that States have an

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interest in carrying out simultaneous promulgating any general notice of employees, Railroad safety, Reporting investigations in coordination with the proposed rulemaking that is likely to and recordkeeping requirements. Secretary, where convenient. It would result in the promulgation of any rule The Proposed Rule be consistent with this interest to permit that includes any Federal mandate that States to adopt their own accident may result in expenditure by State, For the reasons discussed in the notification requirements so as to allow local, and tribal governments, in the preamble, FRA proposes to amend a prompt, and perhaps coordinated, aggregate, or by the private sector, of Chapter II, Subtitle B of Title 49, Code investigation. Accordingly, FRA $100,000,000 or more (adjusted of Federal Regulations, as follows: believes that it has satisfied the annually for inflation) in any 1 year, and PART 219—[AMENDED] Executive Order. before promulgating any final rule for which a general notice of proposed E. Environmental Impact 1. The authority citation for part 219 rulemaking was published, the agency continues to read as follows: FRA has evaluated this regulation in shall prepare a written statement’’ accordance with its ‘‘Procedures for Authority: 49 U.S.C. 20103, 20107, 20140, detailing the effect on State, local, and 21301, 21304, 21311; 28 U.S.C. 2461, note; Considering Environmental Impacts’’ tribal governments and the private and 49 CFR 1.49(m). (FRA’s Procedures) (64 FR 28545, May sector. The proposed rule would not 2. Section 219.5 is amended by 26, 1999) as required by the National result in the expenditure, in the adding a definition of Accident or Environmental Policy Act (42 U.S.C. aggregate, of $100,000,000 or more in incident reportable under part 225 of 4321 et seq.), other environmental any one year, and thus preparation of this chapter and revising the definition statutes, Executive Orders, and related such a statement is not required. of Reportable injury to read as follows: regulatory requirements. FRA has G. Energy Impact determined that this regulation is not a § 219.5 Definitions. major FRA action (requiring the Executive Order 13211 requires * * * * * preparation of an environmental impact Federal agencies to prepare a Statement Accident or incident reportable under statement or environmental assessment) of Energy Effects for any ‘‘significant part 225 of this chapter does not include because it is categorically excluded from energy action.’’ 66 FR 28355, May 22, a case that is classified as ‘‘covered detailed environmental review pursuant 2001. Under the Executive Order, a data’’ under § 225.5 of this chapter (i.e., to section 4(c)(20) of FRA’s Procedures. ‘‘significant energy action’’ is defined as employee injury/illness cases 64 FR 28547, May 26, 1999. Section any action by an agency (normally exclusively resulting from a written 4(c)(20) reads as follows: published in the Federal Register) that recommendation to the employee by a promulgates or is expected to lead to the physician or other licensed health care (c) Actions categorically excluded. Certain promulgation of a final rule or classes of FRA actions have been determined professional for time off when the to be categorically excluded from the regulation, including notices of inquiry, employee instead returned to work, for requirements of these Procedures as they do advance notices of proposed a work restriction that was not imposed, not individually or cumulatively have a rulemaking, and notices of proposed or for a non-prescription medication at significant effect on the human environment. rulemaking: (1)(i) That is a significant prescription strength, whether or not the *** The following classes of FRA actions are regulatory action under Executive Order medication was taken). categorically excluded: 12866 or any successor order, and (ii) * * * * * * * * * * that is likely to have a significant Reportable injury means an injury (20) Promulgation of railroad safety rules adverse effect on the supply, reportable under part 225 of this chapter and policy statements that do not result in distribution, or use of energy; or (2) that significantly increased emissions or air or except for an injury that is classified as is designated by the Administrator of ‘‘covered data’’ under § 225.5 of this water pollutants or noise or increased traffic the Office of Information and Regulatory congestion in any mode of transportation. chapter (i.e., employee injury/illness Affairs as a significant energy action. cases exclusively resulting from a In accordance with section 4(c) and (e) FRA has evaluated this NPRM in written recommendation to the of FRA’s Procedures, the agency has accordance with Executive Order 13211. employee by a physician or other further concluded that no extraordinary FRA has determined that this NPRM is licensed health care professional for circumstances exist with respect to this not likely to have a significant adverse time off when the employee instead regulation that might trigger the need for effect on the supply, distribution, or use returned to work, for a work restriction a more detailed environmental review. of energy. Consequently, FRA has that was not imposed, or for a non- As a result, FRA finds that this determined that this regulatory action is prescription medication at prescription regulation is not a major Federal action not a ‘‘significant energy action’’ within strength, whether or not the medication significantly affecting the quality of the the meaning of Executive Order 13211. was taken). human environment. List of Subjects * * * * * F. Unfunded Mandates Reform Act of 49 CFR Part 219 1995 PART 225—[AMENDED] Alcohol abuse, Drug abuse, Drug Pursuant to Section 201 of the testing, Penalties, Railroad safety, 3. The authority citation for part 225 Unfunded Mandates Reform Act of 1995 Reporting and recordkeeping is revised to read as follows: (Pub. L. 104–4, 2 U.S.C. 1531), each requirements, Safety, Transportation. Authority: 49 U.S.C. 103, 322(a), 20103, Federal agency ‘‘shall, unless otherwise 20107, 20901–02, 21301, 21302, 21311; 28 prohibited by law, assess the effects of 49 CFR Part 225 U.S.C. 2461, note; and 49 CFR 1.49. Federal regulatory actions on State, Accident investigation, Penalties, 4. Section 225.5 is amended as local, and tribal governments, and the Railroad safety, Railroads, Reporting follows: private sector (other than to the extent and recordkeeping requirements. a. By revising paragraph (3) of the that such regulations incorporate definition of the term Accident/ requirements specifically set forth in 49 CFR Part 240 incident. law).’’ Section 202 of the Act (2 U.S.C. Administrative practice and b. By revising the definitions of the 1532) further requires that ‘‘before procedure, Penalties, Railroad terms Accountable injury or illness, Day

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away from work, Day of restricted work reportable under one or more of the owned, leased or maintained by the activity, Medical treatment, and general reporting criteria. railroad), an activity of the railroad that Occupational illness; Accountable injury or illness means is related to the performance of its rail c. By removing the term Arising from any condition, not otherwise reportable, transportation business or an exposure the operation of a railroad and its of a railroad employee that is related to the activity; and definition, and; discernably caused by an event, (3) With respect to a person who is d. By adding definitions of Covered exposure, or activity in the work not an employee of the railroad and not data, Event or exposure arising from the environment which condition causes or on property owned, leased, or operation of a railroad, General requires the railroad employee to be maintained by the railroad—an event or reporting criteria, Medical removal, examined or treated by a qualified exposure directly resulting from the Musculoskeletal disorder, Needlestick or health care professional. following railroad operations: sharps injury, New case, Occupational * * * * * (i) A train accident, a train incident, hearing loss, Occupational tuberculosis, Covered data means a case involving or a highway-rail crossing accident or Privacy concern case, Significant an employee of a railroad that is incident involving the railroad; or change in the number of reportable days reportable exclusively because a (ii) A release of a hazardous material away from work, Significant illness, and physician or other licensed health care from a railcar in the possession of the Significant injury. professional recommended in writing railroad or of another dangerous The revised and added text reads as that— commodity that is related to the follows: (1) The employee take one or more performance of the railroad’s rail days away from work when the transportation business. § 225.5 Definitions. employee instead returned to work; * * * * * * * * * * (2) The employee’s work activity be General reporting criteria means the Accident/incident means: restricted for one or more days when the criteria listed in § 225.19(d)(1), (2), (3), *** work restriction was not imposed; or (4), and (5). (3) Any event or exposure arising (3) The employee take over-the- from the operation of a railroad, if the counter medication at a dosage equal to * * * * * event or exposure is a discernable cause or greater than the minimum Medical removal means medical of one or more of the following, and the prescription strength, whether or not the removal under the medical surveillance following is a new case or a significant employee takes the medication. requirements of an Occupational Safety aggravation of a pre-existing injury or Day away from work means any and Health Administration standard in illness: calendar day subsequent to the day of 29 CFR part 1910, even if the case does (i) Death to any person; the injury or the diagnosis of the illness not meet one of the general reporting (ii) Injury to any person that results in that a railroad employee does not report criteria. medical treatment; to work, or was recommended by a Medical treatment means any medical (iii) Injury to a railroad employee that physician or other licensed health care care or treatment beyond ‘‘first aid’’ results in: professional not to return to work, as regardless of who provides such (A) A day away from work; applicable, for reasons associated with treatment. Medical treatment does not (B) Restricted work activity or job the employee’s condition even if the include diagnostic procedures, such as transfer; or employee was not scheduled to work on X-rays and drawing blood samples. (C) Loss of consciousness; that day. Medical treatment also does not include (iv) Occupational illness of a railroad Day of restricted work activity means counseling. employee that results in any of the any calendar day that an employee is Musculoskeletal disorder (MSD) following: restricted in his or her job following the means a disorder of the muscles, nerves, (A) A day away from work; day of the injury or the diagnosis of the tendons, ligaments, joints, cartilage, and (B) Restricted work activity or job illness, or was recommended by a spinal discs. The term does not include transfer; physician or other licensed health care disorders caused by slips, trips, falls, (C) Loss of consciousness; or professional not to return to work, as motor vehicle accidents, or other similar (D) Medical treatment; applicable, for reasons associated with accidents. Examples of MSDs include: (v) Significant injury to or significant the employee’s condition if the work Carpal tunnel syndrome, Rotator cuff illness of a railroad employee diagnosed restriction affects one or more of the syndrome, De Quervain’s disease, by a physician or other licensed health employee’s routine job functions or Trigger finger, Tarsal tunnel syndrome, care professional even if it does not from working the full workday that the Sciatica, Epicondylitis, Tendinitis, result in death, a day away from work, employee would otherwise have Raynaud’s phenomenon, Carpet layers restricted work activity or job transfer, worked. An employee’s routine job knee, Herniated spinal disc, and Low medical treatment, or loss of functions are those work activities that back pain. consciousness; the employee regularly performs at least Needlestick or sharps injury means a (vi) Illness or injury that meets the once per week. cut, laceration, puncture, or scratch application of the following specific * * * * * from a needle or other sharp object that case criteria: Event or exposure arising from the involves contamination with another (A) Needlestick or sharps injury to a operation of a railroad includes— person’s blood or other potentially railroad employee; (1) With respect to a person who is on infectious material, even if the case does (B) Medical removal of a railroad property owned, leased, or maintained not meet one of the general reporting employee; by the railroad, an activity of the criteria. (C) Occupational hearing loss of a railroad that is related to the New case means a case in which railroad employee; performance of its rail transportation either the employee has not previously (D) Occupational tuberculosis of a business or an exposure related to the experienced a reported injury or illness railroad employee; or activity; of the same type that affects the same (E) Musculoskeletal disorder of a (2) With respect to an employee of the part of the body, or the employee railroad employee that is independently railroad (whether on or off property previously experienced a reported

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injury or illness of the same type that Significant illness means an illness paragraphs (b) through (d) of this affected the same part of the body but involving cancer or a chronic section, whenever it learns of the had recovered completely (all signs had irreversible disease such as byssinosis occurrence of any train accident disappeared) from the previous injury or or silicosis, if the disease does not result reportable as a rail equipment accident/ illness and an event or exposure in the in death, a day away from work, incident under §§ 225.11 and work environment caused the signs or restricted work, job transfer, medical 225.19(c)— symptoms to reappear. treatment, or loss of consciousness. (i) That involves a collision or * * * * * Significant injury means an injury derailment on a main line that is used Occupational hearing loss means a involving a fractured or cracked bone or for scheduled passenger service; or diagnosis of occupational hearing loss a punctured eardrum, if the injury does (ii) That fouls a main line used for by a physician or other licensed health not result in death, a day away from scheduled passenger service. (b) Method of reporting. (1) care professional, under the criteria work, restricted work, job transfer, Telephonic reports required by this established by the Occupational Safety medical treatment, or loss of section shall be made by toll-free and Health Administration in 29 CFR consciousness. telephone to the National Response 1904.10 for calendar year 2002, even if * * * * * Center, Area Code 800–424–8802 or the case does not meet one of the 5. Section 225.9 is revised to read as follows: 800–424–0201. general reporting criteria. (2) Through one of the same Occupational illness means any § 225.9 Telephonic reports of certain telephone numbers (800–424–0201), the abnormal condition or disorder, as accidents/incidents and other events. National Response Center (NRC) also diagnosed by a physician or other receives notifications of rail accidents licensed health care professional, of any (a) Types of accidents/incidents and other events to be reported. (1) Certain for the National Transportation Safety person who falls under the definition Board (49 CFR part 840) and the for the classification of Worker on deaths or injuries. Each railroad must report immediately, as prescribed in Research and Special Programs Duty—Employee, other than one Administration of the U.S. Department resulting from injury, discernably paragraphs (b) through (d) of this section, whenever it learns of the of Transportation (Hazardous Materials caused by an environmental factor Regulations, 49 CFR 171.15). FRA associated with the person’s railroad occurrence of an accident/incident arising from the operation of the Locomotive Safety Standards require employment, including, but not limited certain locomotive accidents to be to, acute or chronic illnesses or diseases railroad, or an event or exposure that may have arisen from the operation of reported by telephone to the NRC at the that may be caused by inhalation, same toll-free number (800–424–0201). absorption, ingestion, or direct contact. the railroad, that results in the— (i) Death of a rail passenger or a 49 CFR 229.17. Occupational tuberculosis means the (c) Contents of report. Each report occupational exposure of an employee railroad employee; (ii) Death of an employee of a must state the: to anyone with a known case of active contractor to a railroad performing work (1) Name of the railroad; tuberculosis if the employee for the railroad on property owned, (2) Name, title, and telephone number subsequently develops a tuberculosis leased, or maintained by the contracting of the individual making the report; infection, as evidenced by a positive (3) Time, date, and location of the railroad; or skin test or diagnosis by a physician or accident/incident; (iii) Death or injury of five or more other licensed health care professional, (4) Circumstances of the accident/ persons. even if the case does not meet one of the incident; (2) Certain train accidents or train (5) Number of persons killed or general reporting criteria. incidents. Each railroad must report * * * * * injured; and immediately, as prescribed in (6) Available estimates of railroad and Privacy concern case is any paragraphs (b) through (d) of this occupational injury or illness, other non-railroad property damage. section, whenever it learns of the (d) Timing of report. (1) To the extent than a musculoskeletal disorder, in the occurrence of any of the following that the necessity to report an accident/ following list: events that arose from the operation of incident depends upon a determination (1) Any injury or illness to an intimate the railroad: body part or the reproductive system; of fact or an estimate of property (i) A train accident that results in damage, a report will be considered (2) An injury or illness resulting from serious injury to two or more train a sexual assault; immediate if made as soon as possible crewmembers or passengers requiring following the time that the (3) Mental illnesses; their admission to a hospital; (4) HIV infection, hepatitis, or determination or estimate is made, or (ii) A train accident resulting in could reasonably have been made, tuberculosis; evacuation of a passenger train; (5) Needlestick and sharps injuries; whichever comes first, taking into (iii) A fatality at a highway-rail grade consideration the health and safety of and crossing as a result of a train accident (6) Other illnesses, if the employee those affected by the accident/incident, or train incident; including actions to protect the independently and voluntarily requests (iv) A train accident resulting in in writing to the railroad reporting environment. damage (based on a preliminary gross (2) NTSB has other specific officer that his or her injury or illness estimate) of $150,000, to railroad and not be posted. requirements regarding the timeliness of nonrailroad property; or reporting. See 49 CFR part 840. * * * * * (v) A train accident resulting in 6. In section 225.19, paragraph (d) is Significant change in the number of damage of $25,000 or more to a revised to read as follows: reportable days away from work means passenger train and railroad and at least a ten-percent increase in the nonrailroad property. § 225.19 Primary groups of accidents/ number of reportable days away from (3) Train accidents on or fouling incidents. work compared to the number of passenger service main lines. The * * * * * reportable days away from work dispatching railroad must report (d) Group III—Death, injury, or actually reported. immediately, as prescribed in occupational illness. Each event or

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exposure arising from the operation of a claimed to be work-related’’ shall be (e) * * * railroad shall be reported on Form FRA removed, and the record shall be (8) County and nearest city or town; F 6180.55a if the event or exposure is transferred to the reporting officer for * * * * * a discernable cause of one or more of retention and reporting in the normal (24) Persons injured, persons killed, the following, and the following is a manner. and employees with an occupational new case or a significant aggravation of (3) In the event the narrative block illness, broken down into the following a pre-existing injury or illness: (similar to Form FRA F 6180.98, block classifications: worker on duty— (1) Death to any person; 39) indicates that the case is not employee; employee not on duty; (2) Injury to any person that results in reportable, the explanation contained on passenger on train; nontrespasser-on medical treatment; that block shall record the reasons the railroad property; trespasser; worker on (3) Injury to a railroad employee that railroad determined that the case is not duty—contractor; contractor—other; results in: reportable, making reference to the most worker on duty—volunteer; volunteer— (i) A day away from work; authoritative information relied upon. other; and nontrespasser-off railroad (ii) Restricted work activity or job (4) Although the Form FRA F property; transfer; or 6180.107 may not include all supporting * * * * * (iii) Loss of consciousness; documentation, such as medical (4) Occupational illness of a railroad (h) * * * records, the Form FRA F 6180.107 shall employee that results in any of the (15) The railroad is permitted not to note the name, title, and address of the following: post information on an occupational (i) A day away from work; custodian of those documents and injury or illness that is a privacy (ii) Restricted work activity or job where the supporting documents are concern case. located so that it is readily accessible to transfer; * * * * * FRA upon request. (iii) Loss of consciousness; or (i) Claimed occupational illnesses. (1) 8. In section 225.23, paragraph (a) is (iv) Medical treatment; Each railroad shall maintain either the revised to read as follows: (5) Significant injury to or significant Form FRA F 6180.107, to the extent that illness of a railroad employee diagnosed § 225.23 Joint operations. the information is reasonably available, by a physician or other licensed health or an alternate railroad-designed record care professional even if it does not (a) Any reportable death, injury, or illness of an employee arising from an containing the same information as result in death, a day away from work, called for on the Form FRA F 6180.107, restricted work activity or job transfer, accident/incident involving joint operations must be reported on Form to the extent that the information is medical treatment, or loss of reasonably available, for each illness consciousness; FRA F 6180.55a by the employing railroad. claimed to be work-related— (6) Illness or injury that meets the (i) For which there is insufficient application of the following specific * * * * * 9. Section 225.25 is amended by information to determine whether the case criteria: illness is work-related; (i) Needlestick or sharps injury to a revising paragraphs (b)(6), (b)(16), (ii) For which the railroad has made railroad employee; (b)(25)(v), (e)(8), (e)(24), (h)(15), and a preliminary determination that the (ii) Medical removal of a railroad new paragraphs (b)(25)(xi), (b)(25)(xii) illness is not work-related; or employee; and (i) are added to read as follows: (iii) Occupational hearing loss of a (iii) For which the railroad has made railroad employee; § 225.25 Recordkeeping. a final determination that the illness is (iv) Occupational tuberculosis of a * * * * * not work-related. railroad employee; or (b) * * * (2) For any case determined to be (v) Musculoskeletal disorder of a (6) Employee identification number reportable, the designation ‘‘illness railroad employee that is independently or, in the alternative, Social Security claimed to be work-related’’ shall be reportable under one or more of the Number of railroad employee; removed, and the record shall be transferred to the reporting officer for general reporting criteria. * * * * * retention and reporting in the normal * * * * * (16) Whether employee was on manner. 7. In section 225.21, a new paragraph premises when injury, illness, or (3) In the event the narrative block (j) is added to read as follows: condition occurred; (similar to Form FRA F 6180.98, block § 225.21 Forms. * * * * * 39) indicates that the case is not (25) * * * reportable, the explanation contained on * * * * * (v) If one or more days away from (j) Form FRA 6180.107—Alternative that block shall record the reasons the work, provide the number of days away railroad determined that the case is not Record for Illnesses Claimed to Be and the beginning date; Work-Related. (1) Form FRA F 6180.107 reportable, making reference to the most shall be used by the railroads to record * * * * * authoritative information relied upon. each illness claimed to be work-related (xi) Significant injury or illness of a (4) In the event the railroad must that is reported to the railroad— railroad employee; amend the record with new or (i) For which there is insufficient (xii) Needlestick or sharps injury to a additional information, the railroad information to determine whether the railroad employee, medical removal of a shall have up until December 1 of the illness is work-related; railroad employee, occupational hearing next calendar year for reporting (ii) For which the railroad has made loss of a railroad employee, accidents/incidents to make the update. a preliminary determination that the occupational tuberculosis of a railroad (5) Although the Alternative Record illness is not work-related; or employee, or musculoskeletal disorder for Illnesses Claimed to be Work-Related (iii) For which the railroad has made of a railroad employee which (or the alternate railroad-designed form) a final determination that the illness is musculoskeletal disorder is reportable may not include all supporting not work-related. under one or more of the general documentation, such as medical (2) For any case determined to be reporting criteria. records, the alternative record shall note reportable, the designation ‘‘illness * * * * * the custodian of those documents and

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where the supporting documents are request. Rather, the Form FRA F least 10 miles per hour. Where restricted located so that it is readily accessible to 6180.107 or the alternate railroad- speed is in effect, railroads shall FRA upon request. designed form must be provided upon consider only those violations of the 10. Section 225.33 is amended by request, within five business days, and conditional clause of restricted speed adding new paragraph (a)(11) to read as may be kept at a central location, in rules (i.e., the clause that requires follows: either paper or electronic format. * * * stopping within one half of the 12. Section 225.39 is added to read as locomotive engineer’s range of vision), § 225.33 Internal Control Plans. follows: or the operational equivalent thereof, (a) * * * which cause reportable accidents or § 225.39 FRA policy on covered data. (11) In the case of the Form FRA F incidents under part 225 of this chapter, 6180.107 or the alternate railroad- FRA will not include covered data (as except for accidents and incidents that designed form, a statement that specifies defined in § 225.5) in its periodic are classified as ‘‘covered data’’ under the name, title, and address of the summaries of data on the number of § 225.5 of this chapter (i.e., employee custodian of these records, all occupational injuries and illnesses. injury/illness cases exclusively resulting supporting documentation, such as PART 240—[AMENDED] from a written recommendation to the medical records, and where the employee by a physician or other documents are located. 13. The authority citation for part 240 licensed health care professional for * * * * * is revised to read as follows: time off when the employee instead 11. Section 225.35 is amended by Authority: 49 U.S.C. 20103, 20107, 20135, returned to work, for a work restriction designating the first paragraph as 21301, 21304, 21311; 28 U.S.C. 2461, note; that was not imposed, or for a non- paragraph (a), designating the second and 49 CFR 1.49. prescription medication to be taken at prescription strength, whether or not the paragraph as paragraph (b), and adding 14. In section 240.117, paragraph medication was taken), as instances of after the fourth sentence of newly (e)(2) is revised to read as follows: designated paragraph (b) the following failure to adhere to this section; two sentences: § 240.117 Criteria for consideration of * * * * * operating rules compliance data. § 225.35 Access to records and reports. Issued in Washington, DC, on September * * * * * 18, 2002. * * * * * (e) * * * (b) * * * The Form FRA F 6180.107 (2) Failure to adhere to limitations Allan Rutter, or the alternate railroad-designed form concerning train speed when the speed Federal Railroad Administrator. need not be provided at any railroad at which the train was operated exceeds [FR Doc. 02–24393 Filed 10–8–02; 8:45 am] establishment within 4 hours of a the maximum authorized limit by at BILLING CODE 4910–06–P

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Reader Aids Federal Register Vol. 67, No. 196 Wednesday, October 9, 2002

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 381...... 61767 Presidential Documents 3 CFR 417...... 62325 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 7598...... 62161 10 CFR 7599...... 62165 Other Services 20...... 62872 7600...... 62167 32...... 62872 Electronic and on-line services (voice) 741–6020 7601...... 62169 35...... 62872 Privacy Act Compilation 741–6064 7602...... 62863 63...... 62628 Public Laws Update Service (numbers, dates, etc.) 741–6043 7603...... 62865 Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 7604...... 62867 30...... 62403 Executive Orders: 40...... 62403 ELECTRONIC RESEARCH 13275...... 62869 70...... 62403 Administrative Orders: World Wide Web Memorandums 11 CFR Full text of the daily Federal Register, CFR and other publications October 1, 2002...... 62163 Proposed Rules: is located at: http://www.access.gpo.gov/nara Presidential Determinations: 110...... 62410 No. 2002-32 of Federal Register information and research tools, including Public September 30, 12 CFR Inspection List, indexes, and links to GPO Access are located at: 2002 ...... 62311 8...... 62872 http://www.archives.gov/federallregister/ 204...... 62634 E-mail 4 CFR 226...... 61769 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 21...... 61542 an open e-mail service that provides subscribers with a digital 220...... 62214 form of the Federal Register Table of Contents. The digital form 5 CFR 13 CFR of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. 2634...... 61761 121 ...... 62292, 62334, 62335 2635...... 61761 123...... 62335 To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 7 CFR 121...... 61829 (or change settings); then follow the instructions. 29...... 61467 PENS (Public Law Electronic Notification Service) is an e-mail 301...... 61975, 62627 14 CFR service that notifies subscribers of recently enacted laws. 723...... 62871 23...... 62636 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 729...... 62871 25...... 62339 and select Join or leave the list (or change settings); then follow 868...... 62313 39 ...... 61476, 61478, 61481, the instructions. 905...... 62313 61770, 61771, 61980, 61983, 906...... 62318 61984, 61985, 62341, 62347 FEDREGTOC-L and PENS are mailing lists only. We cannot 920...... 62320 97...... 62638, 62640 respond to specific inquiries. 1260...... 61762 Proposed Rules: Reference questions. Send questions and comments about the 1400...... 61468 25...... 61836 Federal Register system to: [email protected] 1412...... 61470 39 ...... 61569, 61842, 61843, The Federal Register staff cannot interpret specific documents or 1437...... 62323 62215, 62654 regulations. 1942...... 63019 71 ...... 62410, 62412, 62413, Proposed Rules: 62414, 62415, 62416 97...... 61545 121 ...... 61996, 62142, 62294 FEDERAL REGISTER PAGES AND DATE, OCTOBER 300...... 61547 129...... 62142 319...... 61547 61467–61760...... 1 135...... 62142 1424...... 61565 61761–61974...... 2 207...... 61996 1710...... 62652 208...... 61996 61975–62164...... 3 1721...... 62652 221...... 61996 62165–62310...... 4 250...... 61996 62311–62626...... 7 8 CFR 253...... 61996 62627–62862...... 8 103...... 61474 256...... 61996 62863–63048...... 9 214...... 61474 302...... 61996 Proposed Rules: 380...... 61996 103...... 61568 389...... 61996 214...... 61568 399...... 61996 248...... 61568 264...... 61568 15 CFR 990...... 61483 9 CFR Proposed Rules: 94...... 62171 30...... 62911 331...... 61767 50...... 62657

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17 CFR 25 CFR 62926 1833...... 61519 61...... 62432 1...... 62350 Proposed Rules: 1852...... 61519 81...... 62222 3...... 62350 170...... 62417 1872...... 61519 228...... 62659 4...... 62350 Proposed Rules: 300...... 61844 9...... 62350 26 CFR 206...... 62590 208...... 62590 11...... 62350 Proposed Rules: 42 CFR 16...... 62350 1...... 62417 209...... 62590 17...... 62350 25...... 61997 81...... 62096 225...... 62590 18...... 62350 413...... 61496 242...... 62590 19...... 62350 27 CFR 457...... 61956 252...... 62590 21...... 62350 4...... 62856 460...... 61496 31...... 62350 5...... 62856 482...... 61805, 61808 49 CFR 36...... 62350 7...... 62856 483...... 61808 40...... 61521 37...... 62350, 62873 13...... 62856 484...... 61808 350...... 61818, 63019 38...... 62350, 62873 Proposed Rules: 43 CFR 360...... 61818 39...... 62350, 62873 4...... 61998, 62860 365...... 61818 40...... 62350, 62873 5...... 62860 4...... 61506 372...... 61818 41...... 62350 7...... 62860 268...... 62618 382...... 61818 140...... 62350 13...... 62860 271...... 62618 383...... 61818 145...... 62350 2930...... 61732 386...... 61818 150...... 62350 31 CFR 3800...... 61732 387...... 61818 170...... 62350 1...... 62886 6300...... 61732 388...... 61818 171...... 62350 8340...... 61732 390...... 61818, 63019 190...... 62350 33 CFR 8370...... 61732 391...... 61818 9260...... 61732 117...... 61987 393...... 61818 18 CFR 165 ...... 61494, 61988, 62178, Proposed Rules: 397...... 62191 Proposed Rules: 62373 268...... 62626 571...... 61523 154...... 62918 271...... 62626 594...... 62897 161...... 62918 38 CFR 2930...... 61746 Proposed Rules: 27...... 61996 250...... 62918 1...... 62642 44 CFR 284...... 62918 17...... 62887 37...... 61996 36...... 62646, 62889 201...... 61512 40...... 61996 19 CFR 39...... 62642 206...... 61512, 62896 177...... 62681 10...... 62880 219...... 61996, 63022 39 CFR 45 CFR 163...... 62880 225...... 63022 178...... 62880 952...... 62178 Proposed Rules: 240...... 63022 46...... 62432 376...... 61996 Proposed Rules: 957...... 62178 958...... 62178 382...... 61996 24...... 62920 47 CFR 101...... 62920 960...... 62178 397...... 62681 962...... 62178 25...... 61814 575...... 62528 21 CFR 964...... 62178 64...... 62648 653...... 61996 965...... 62178 73 ...... 61515, 61816, 62399, 654...... 61996 101...... 61773 62400, 62648, 62649, 62650 163...... 62171 40 CFR 50 CFR 173...... 61783 Proposed Rules: 1308...... 62354 52 ...... 61784, 61786, 62179, 25...... 61999 16...... 62193 62184, 62376, 62378, 62379, 64...... 62667 17...... 61531, 62897 Proposed Rules: 62381, 62383, 62385, 62388, 73...... 61572, 61845 600...... 61824, 62204 310...... 62218 62389, 62392, 62395, 62889, 635...... 61537 358...... 62218 62891 48 CFR 648...... 62650 22 CFR 61...... 62395 206...... 61516 654...... 61990 62...... 62894 207...... 61516 660 ...... 61824, 61994, 62204, 22...... 62884 81...... 61786, 62184 217...... 61516 62401 258...... 62647 223...... 61516 679 ...... 61826, 61827, 62212, 23 CFR 300...... 61802 237...... 61516 62651, 62910 450...... 62370 1518...... 62189 242...... 61516 Proposed Rules: Proposed Rules: 245...... 61516 17...... 61845, 62926 24 CFR 52 ...... 62221, 62222, 62425, 247...... 61516 600...... 62222 92...... 61752 62426, 62427, 62431, 62432, 1804...... 62190 660...... 62001

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REMINDERS Eurocopter France; 02; published 8-5-02 [FR 10-15-02; published 7-17-02 The items in this list were published 9-24-02 02-19621] [FR 02-17803] editorially compiled as an aid TREASURY DEPARTMENT COMMERCE DEPARTMENT ENERGY DEPARTMENT to Federal Register users. Comptroller of the Currency National Oceanic and Federal Energy Regulatory Inclusion or exclusion from Fees assessment Atmospheric Administration Commission this list has no legal Electric utilities (Federal Power significance. Correction; published 10-9- Fishery conservation and 02 management: Act): Undue discrimination; TREASURY DEPARTMENT Alaska; fisheries of RULES GOING INTO Exclusive Economic remedying through open Customs Service EFFECT OCTOBER 9, Zone— access transmission Articles conditionally free, service and standard 2002 North Pacific Groundfish subject to reduced rates, electricity market design; Observer Program; etc.: comments due by 10-15- AGRICULTURE comments due by 10- 02; published 8-29-02 [FR DEPARTMENT Beverages made with 16-02; published 9-16- 02-21479] Farm Service Agency Caribbean rum; duty-free 02 [FR 02-22834] treatment; published 10-9- Practice and procedure: Farm marketing quotas, Northeastern United States 02 Critical energy infrastructure acreage allotments, and fisheries— production adjustments: TREASURY DEPARTMENT information; public Mid-Atlantic Fishery availability restriction; Peanut market quota Privacy Act; implementation; Management Council; comments due by 10-15- program termination and published 10-9-02 flue-cured tobacco reserve meetings; comments 02; published 9-13-02 [FR stock level revision; due by 10-15-02; 02-23302] published 9-9-02 [FR published 10-9-02 COMMENTS DUE NEXT ENVIRONMENTAL 02-22836] DEFENSE NUCLEAR WEEK PROTECTION AGENCY FACILITIES SAFETY BOARD COMMERCE DEPARTMENT Air pollutants, hazardous; Recommendations: AGRICULTURE National Oceanic and national emission standards: Safety-related software; DEPARTMENT Atmospheric Administration Massachusetts; quality assurance; Agricultural Marketing Fishery conservation and perchloroethylene dry published 10-9-02 Service management: cleaning facilities; ENVIRONMENTAL Prunes (dried) produced in— West Coast States and comments due by 10-16- PROTECTION AGENCY 02; published 9-16-02 [FR California; comments due by Western Pacific Air pollutants, hazardous; fisheries— 02-23257] national emission standards: 10-15-02; published 8-15- Pacific Coast groundfish; ENVIRONMENTAL Radionuclides other than 02 [FR 02-20687] comments due by 10- PROTECTION AGENCY radon from DOE facilities AGRICULTURE 15-02; published 9-13- Air pollutants, hazardous; and from Federal facilities DEPARTMENT 02 [FR 02-23383] national emission standards: other than NRC licensees Animal and Plant Health Massachusetts; and not covered by Inspection Service COMMERCE DEPARTMENT Subpart H; published 9-9- perchloroethylene dry Exportation and importation of National Oceanic and 02 cleaning facilities; animals and animal Atmospheric Administration Hazardous waste: comments due by 10-16- products: Fishery conservation and 02; published 9-16-02 [FR Municipal solid waste management: landfills; location Horse quarantine facilities, 02-23258] West Coast States and restrictions for airport permanent, privately Air pollution control: Western Pacific safety; published 7-11-02 owned; standards; Federal and State operating fisheries— FEDERAL comments due by 10-15- permits programs; COMMUNICATIONS 02; published 9-30-02 [FR Pacific Coast groundfish; sufficiency monitoring COMMISSION 02-24752] exempted fishing requirements; scope permits; comments due Common carrier services: AGRICULTURE clarification; comments by 10-15-02; published Terminal equipment, DEPARTMENT due by 10-17-02; 9-27-02 [FR 02-24514] connection to telephone Federal Crop Insurance published 9-17-02 [FR 02- network— Corporation West Coast salmon; 23588] comments due by 10- Customer premises Crop insurance regulations: Air pollution control; new 15-02; published 9-27- motor vehicles and engines: equipment; technical General administrative criteria and registration 02 [FR 02-24372] Light-duty vehicles and regulations, group risk streamlining; biennial Meetings: trucks, heavy-duty plan of insurance review; reconsideration; vehicles and engines, regulations for 2003 and New England Fishery published 9-9-02 nonroad engines, and succeeding crop years, Management Council; motorcycles; motor vehicle LABOR DEPARTMENT and common crop comments due by 10-15- and engine compliance Pension and Welfare insurance regulations; 02; published 9-4-02 [FR program fees; comments Benefits Administration comments due by 10-18- 02-22522] due by 10-19-02; Employee Retirement Income 02; published 9-18-02 [FR COMMODITY FUTURES published 8-7-02 [FR 02- Security Act: 02-23667] TRADING COMMISSION Employee pension and 19563] AGRICULTURE Commodity Exchange Act: welfare benefit plans; Air pollution, hazardous; recordkeeping and DEPARTMENT Customer funds; deposit in national emission standards: disclosure requirements; Forest Service foreign depositories and in Surface coating of use of electronic media; Alaska National Interest Lands currencies other than U.S. miscellaneous metal parts published 4-9-02 Conservation Act; Title VIII dollars; comments due by and products; comments 10-15-02; published 8-13- TRANSPORTATION implementation (subsistence due by 10-15-02; 02 [FR 02-20471] DEPARTMENT priority): published 8-13-02 [FR 02- Federal Aviation Wildlife; 2003-2004 ENERGY DEPARTMENT 14759] Administration subsistence taking; Human Reliability Program; Air quality implementation Airworthiness directives: comments due by 10-18- hearings; comments due by plans; approval and

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promulgation; various by 10-15-02; published comments due by 10-15- Boeing; comments due by States; air quality planning 9-12-02 [FR 02-22982] 02; published 8-13-02 [FR 10-15-02; published 8-16- purposes; designation of Toxic substances: 02-20403] 02 [FR 02-20513] areas: Polychlorinated biphenyls NUCLEAR REGULATORY TRANSPORTATION Maine; comments due by (PCBs)— COMMISSION DEPARTMENT 10-17-02; published 9-17- Manufacturing (including Production and utilization Federal Aviation 02 [FR 02-23589] import), processing, and facilities; domestic licensing: Administration ENVIRONMENTAL distribution in Combustible gas control in Airworthiness directives: PROTECTION AGENCY commerce; exemptions; containment; comments Boeing; comments due by Air quality implementation comments due by 10- due by 10-16-02; 10-15-02; published 8-30- plans; approval and 17-02; published 9-17- published 8-2-02 [FR 02- 02 [FR 02-22131] promulgation; various 02 [FR 02-23718] 19419] States: TRANSPORTATION FEDERAL RESERVE PERSONNEL MANAGEMENT DEPARTMENT California; comments due by SYSTEM OFFICE 10-15-02; published 9-13- Federal Aviation Membership of State banking Awards: Administration 02 [FR 02-23253] institutions (Regulation H): Senior career employees Airworthiness directives: ENVIRONMENTAL Reporting and disclosure and Senior Executive PROTECTION AGENCY requirements; comments Bombardier-Rotax GmbH; Service career members; comments due by 10-15- Air quality implementation due by 10-15-02; Presidential Rank Awards plans; approval and published 9-13-02 [FR 02- 02; published 8-16-02 [FR and other awards; 02-20266] promulgation; various 23364] comments due by 10-15- States: HEALTH AND HUMAN 02; published 8-13-02 [FR TRANSPORTATION California; comments due by SERVICES DEPARTMENT 02-20435] DEPARTMENT 10-15-02; published 9-13- Equal Access to Justice Act; SECURITIES AND Federal Aviation 02 [FR 02-23254] implementation; comments EXCHANGE COMMISSION Administration Delaware; comments due by due by 10-15-02; published Investment companies: Airworthiness directives: 10-15-02; published 9-12- 8-13-02 [FR 02-20307] Bombardier-Rotax GmbH; 02 [FR 02-23259] Certification of management INTERIOR DEPARTMENT investment company comments due by 10-15- ENVIRONMENTAL Fish and Wildlife Service shareholder reports and 02; published 8-15-02 [FR PROTECTION AGENCY 02-20679] Alaska National Interest Lands designation of certified Air quality implementation Conservation Act; Title VIII shareholder reports as TRANSPORTATION plans; approval and implementation (subsistence Exchange Act periodic DEPARTMENT promulgation; various priority): reporting forms; comments Federal Aviation States: Wildlife; 2003-2004 due by 10-16-02; Administration Utah; comments due by 10- subsistence taking; published 9-9-02 [FR 02- Airworthiness directives: 15-02; published 9-12-02 22658] comments due by 10-18- Dornier; comments due by [FR 02-23084] 02; published 8-5-02 [FR TRANSPORTATION 10-15-02; published 9-13- ENVIRONMENTAL 02-19621] DEPARTMENT 02 [FR 02-23291] PROTECTION AGENCY Endangered and threatened Coast Guard Eurocopter France; Air quality implementation species: Pollution: comments due by 10-15- plans; approval and Critical habitat Salvage and marine 02; published 8-14-02 [FR promulgation; various designations— firefighting requirements; 02-20518] States: Plant species from tank vessels carrying oil; TRANSPORTATION Utah; comments due by 10- Northwestern Hawaiian response plans— DEPARTMENT 15-02; published 9-12-02 islands, HI; comments [FR 02-23085] Extension of comment Federal Aviation due by 10-15-02; period; meeting; Administration Pesticides; tolerances in food, published 9-12-02 [FR comments due by 10- Airworthiness directives: animal feeds, and raw 02-23250] 18-02; published 8-7-02 McDonnell Douglas; agricultural commodities: INTERIOR DEPARTMENT [FR 02-19910] Imidacloprid, etc.; comments comments due by 10-15- Surface Mining Reclamation TRANSPORTATION due by 10-16-02; 02; published 8-16-02 [FR and Enforcement Office DEPARTMENT published 9-17-02 [FR 02- 02-20514] 23595] Surface coal mining and Standard time zone TRANSPORTATION reclamation operations: boundaries: ENVIRONMENTAL DEPARTMENT Bonding and other financial PROTECTION AGENCY North Dakota; comments Federal Aviation assurance mechanisms due by 10-17-02; Administration Superfund program: for treatment of long-term published 9-17-02 [FR 02- Airworthiness directives: National oil and hazardous pollutional discharges and 23707] substances contingency acid/toxic mine drainage McDonnell Douglas; TRANSPORTATION plan— related issues; comments comments due by 10-15- DEPARTMENT National priorities list due by 10-15-02; 02; published 8-29-02 [FR update; comments due published 7-16-02 [FR 02- Federal Aviation 02-22004] by 10-15-02; published 17892] Administration Raytheon; comments due by 9-12-02 [FR 02-22981] JUSTICE DEPARTMENT Airworthiness directives: 10-15-02; published 8-9- 02 [FR 02-20135] ENVIRONMENTAL Immigration and Airbus; comments due by PROTECTION AGENCY Naturalization Service 10-15-02; published 9-13- TRANSPORTATION 02 [FR 02-23292] Superfund program: Executive Office for DEPARTMENT National oil and hazardous Immigration Review: TRANSPORTATION Federal Motor Carrier Safety substances contingency Aliens with criminal DEPARTMENT Administration plan— convictions before April 1, Federal Aviation Hazardous materials: National priorities list 1997; relief from Administration Hazardous materials update; comments due deportation or removal; Airworthiness directives: transportation—

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Motor carriers transporting comments due by 10-16- (phone, 202–512–1808). The hazardous materials; 02; published 7-31-02 [FR text will also be made security requirements; 02-19124] available on the Internet from Public Laws Electronic comments due by 10- GPO Access at http:// Notification Service 15-02; published 7-16- (PENS) LIST OF PUBLIC LAWS www.access.gpo.gov/nara/ 02 [FR 02-17899] nara005.html. Some laws may TRANSPORTATION This is a continuing list of not yet be available. PENS is a free electronic mail DEPARTMENT public bills from the current notification service of newly Research and Special session of Congress which H.R. 4558/P.L. 107–234 enacted public laws. To Programs Administration have become Federal laws. It subscribe, go to http:// may be used in conjunction Hazardous materials: To extend the Irish Peace hydra.gsa.gov/archives/ Hazardous materials with ‘‘PLUS’’ (Public Laws publaws-l.html or send E-mail Update Service) on 202–741– Process Cultural and Training transportation— Program. (Oct. 4, 2002; 116 to [email protected] 6043. This list is also with the following text Motor carriers transporting Stat. 1481) available online at http:// message: hazardous materials; www.nara.gov/fedreg/ security requirements; plawcurr.html. H.J. Res. 112/P.L. 107–235 SUBSCRIBE PUBLAWS-L comments due by 10- Your Name. 15-02; published 7-16- The text of laws is not Making further continuing 02 [FR 02-17899] published in the Federal appropriations for the fiscal Note: This service is strictly Register but may be ordered for E-mail notification of new TREASURY DEPARTMENT year 2003, and for other in ‘‘slip law’’ (individual laws. The text of laws is not Internal Revenue Service pamphlet) form from the purposes. (Oct. 4, 2002; 116 available through this service. Income taxes: Superintendent of Documents, Stat. 1482) PENS cannot respond to Marketable stock; mark to U.S. Government Printing specific inquiries sent to this market treatment election; Office, Washington, DC 20402 Last List October 3, 2002 address.

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