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1 II Federal Register / Vol. 67, No. 200 / Wednesday, October 16, 2002

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public interest. Subscriptions: Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–741–6005 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 67 FR 12345.

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2 III

Contents Federal Register Vol. 67, No. 200

Wednesday, October 16, 2002

Agriculture Department Commodity Futures Trading Commission See Forest Service RULES Organization, functions, and authority delegations: Alcohol, Tobacco and Firearms Bureau Clearing and Intermediary Oversight Division et al. PROPOSED RULES Correction, 63966 Firearms: Defense Department Imported explosive materials and identification marking placement, 63862–63867 See Army Department NOTICES See Engineers Corps PROPOSED RULES Agency information collection activities: Federal Acquisition Regulation (FAR): Proposed collection; comment request, 63964 Energy-efficient standby power devices, 64009–64011 Army Department Economic Analysis Bureau See Engineers Corps PROPOSED RULES NOTICES International services surveys: Patent licenses; non-exclusive, exclusive, or partially BE-605, etc.; transactions of U.S. affiliate, except U.S. exclusive: banking affiliate, with foreign parent, and Protective Glove, 63900 transactions of U.S. affiliate with foreign parent, 63860–63861 Centers for Disease Control and Prevention NOTICES Education Department Agency information collection activities: NOTICES Proposed collection; comment request, 63925–63926 Agency information collection activities: Proposed collection; comment request, 63904 Submission for OMB review; comment request, 63904– Centers for Medicare & Medicaid Services 63905 RULES Committees; establishment, renewal, termination, etc.: Medicare and Medicaid: President’s Advisory Board on Tribal Colleges and Programs of All-inclusive Care for Elderly; program Universities, 63905–63906 revisions Energy Department Correction, 63966 See Federal Energy Regulatory Commission NOTICES Children and Families Administration Meetings: NOTICES High Energy Physics Advisory Panel, 63906 Grants and cooperative agreements; availability, etc.: Child Welfare Services State Grants Program, 63927 Engineers Corps NOTICES Civil Rights Commission Environmental statements; notice of intent: NOTICES Clear and West Forks of the Trinity River in Fort Worth, Meetings; State advisory committees: Tarrant County, TX, 63900–63901 California, 63877 Emerald Isle and Hammocks Beach State Park, Carteret Virginia, 63877 County, NC, 63901–63903 Palm Beach County, FL, 63903–63904 Commerce Department Patent licenses; non-exclusive, exclusive, or partially exclusive: See Economic Analysis Bureau Method and device for securing a knot, etc.; correction, See International Trade Administration 63966 See National Oceanic and Atmospheric Administration Environmental Protection Agency Committee for the Implementation of Textile Agreements PROPOSED RULES NOTICES Air pollution; standards of performance for new stationary Cotton, wool, and man-made textiles: sources: Bangladesh, 63890 Electric arc furnaces and argon-oxygen decarburization China, 63891–63893 vessels, 64013–64022 Hong Kong, 63894 Water pollution; effluent guidelines for point source Jamaica, 63894–63895 categories: Macedonia, 63895–63896 Construction and development; storm water discharges, Malaysia, 63896–63897 63867 Pakistan, 63898 NOTICES Ukraine, 63898–63899 Pesticide registration, cancellation, etc.: United Arab Emirates, 63899–63900 Syngenta Crop Protection, Inc., et al., 63909–63913

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Toxic and hazardous substances control: Federal Emergency Management Agency Chemical testing— RULES Data receipt, 63913–63916 Flood elevation determinations: New chemicals— Various States, 63834–63837 63829–63834 Receipt and status information, 63918–63922 Test marketing exemption approvals, 63916–63917 PROPOSED RULES 63917–63918 Flood elevation determinations: Oklahoma, 63872–63873 Various States, 63867–63872 Executive Office of the President See Presidential Documents Federal Energy Regulatory Commission See Trade Representative, Office of United States NOTICES Electric rate and corporate regulation filings: Federal Aviation Administration Southwest Power Pool, Inc. et al., 63908–63909 Applications, hearings, determinations, etc.: RULES National Fuel Gas Supply Corp., 63906 Airworthiness directives: Pine Needle LNG Co., LLC, 63906 Agusta S.p.A., 63817–63820 Tennessee Gas Pipeline Co., 63907 Cirrus Design Corp., 63815–63817 Transcontinental Gas Pipe Line Corp., 63907 Gulfstream, 63821–63823 Transcontintental Gas Pipe Line Corp., 63907–63908 Rockwell Collins, Inc., 63813–63815 Class E5 airspace, 63823 63823–63824 Federal Maritime Commission 63825–63826 63826 63826–63827 NOTICES Class E airspace, 63824–63825 Investigations, hearings, petitions, etc.: PROPOSED RULES South Florida NVOCC-NAOCC Association, Inc., 63924– Airworthiness directives: 63925 Boeing, 63856–63858 Class E5 airspace, 63858–63859 Federal Motor Carrier Safety Administration NOTICES RULES Agency information collection activities: Motor carrier safety standards: Proposed collection; comment request, 63955–63956 Protection against shifting and falling cargo; North Exemption petitions; summary and disposition, 63956– American standard development 63957 Correction, 63966 Passenger facility charges; applications, etc.: Santa Barbara Municipal Airport, CA, 63957 Federal Transit Administration NOTICES Federal Communications Commission Environmental statements; notice of intent: RULES Monmouth, Ocean and Middlesex Counties, NJ; Common carrier services: Monmouth-Ocean-Middlesex Rail, 63957–63959 Commercial mobile radio services— Wireless enhanced 911 emergency calling; use of non- Fish and Wildlife Service initialized wireless phones; effective date stay, RULES 63851–63852 Endangered and threatened species: Telecommunications Act of 1996; implementation— Critical habitat designations— Filings of tariffs on streamlined basis; decline, 63850– Santa Cruz tarplant, 63967–64007 63851 Digital television stations; table of assignments: Food and Drug Administration Texas, 63852 NOTICES West Virginia, 63852 Agency information collection activities: Radio stations; table of assignments: Reporting and recordkeeping requirements, 63927 Michigan, 63853 Submission for OMB review; comment request, 63928– Texas, 63852–63853 63929 63929–63931 Television stations; table of assignments: Meetings: Kansas, 63853–63854 Dermatologic and Ophthalmic Drugs Advisory PROPOSED RULES Committee, 63933 Digital television stations; table of assignments: Food Advisory Committee, 63933–63934 Idaho, 63873–63874 Radio stations; table of assignments: Forest Service Oklahoma, 63875–63876 NOTICES Various States, 63874–63875 Meetings: NOTICES Lake Tahoe Basin Federal Advisory Committee, 63877 Grants and cooperative agreements; availability, etc.: Rural Healthcare Division, 63923–63924 General Services Administration Reports and guidance documents; availability, etc.: PROPOSED RULES Information disseminated by Federal agencies; quality, Federal Acquisition Regulation (FAR): objectivity, utility and integrity guidelines, 63924 Energy-efficient standby power devices, 64009–64011

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NOTICES NOTICES Travel and transportation: Meetings: Household Goods Tender Service-- Advisory Council— Centralized Household Goods Traffic Management Biological and Physical Research Advisory Committee Program; flat industrial funding fee converted to Audio Teleconference, 63947 percentage IFF [EDITORIAL NOTE: This document Aerospace Safety Advisory Panel, 63947 was published incorrectly in the Federal Register on August 30, 2002 under Standard Tender of National Highway Traffic Safety Administration Service] NOTICES Agency information collection activities: Health and Human Services Department Proposed collection; comment request, 63960 See Centers for Disease Control and Prevention Motor vehicle theft prevention standards; exemption See Centers for Medicare & Medicaid Services petitions, etc.: See Children and Families Administration Saab Cars, USA, Inc., 63961–63962 See Food and Drug Administration See National Institutes of Health National Institutes of Health NOTICES Indian Affairs Bureau Agency information collection activities: NOTICES Proposed collection; comment request, 63934 Meetings: Submission for OMB review; comment request, 63934– Indian trust asset management; tribal consultation, 63935 63940–63941 Inventions, Government-owned; availability for licensing, Interior Department 63935–63938 See Fish and Wildlife Service Meetings: See Indian Affairs Bureau National Cancer Institute, 63938–63939 See Land Management Bureau National Eye Institute, 63939 See Reclamation Bureau National Institute of Child Health and Human See Special Trustee for American Indians Office Development, 63939–63940 NOTICES Scientific Review Center, 63940 Meetings: Indian trust asset management; tribal consultation, National Oceanic and Atmospheric Administration 63940–63941 RULES Fishery conservation and management: International Trade Administration Atlantic highly migratory species— NOTICES Atlantic bluefin tuna, 63854–63855 Antidumping: NOTICES Freshwater crawfish tail meat from— Meetings: China, 63877–63886 Gulf of Mexico Fishery Management Council, 63889 Solid urea from— Estonia, 63886–63887 Stainless steel sheet and strip in coils from Nuclear Regulatory Commission Taiwan, 63887–63888 NOTICES Export trade certificates of review, 63888–63889 Meetings; Sunshine Act, 63947

Land Management Bureau Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Alaska Native claims selection: Calista Corporation, 63941 Personnel Management Office Public land orders: NOTICES Michigan, 63941 Personnel management demonstration projects: Realty actions; sales, leases, etc.: Defense department; Civilian Acquisition Workforce Wisconsin, 63941–63942 Project, 63948–63949 Legal Services Corporation Presidential Documents NOTICES Grant and cooperative agreement awards: PROCLAMATIONS Civil legal service assistance to eligible low-income Special observances: General Pulaski Memorial Day (Proclamation 7607), clients, 63942–63946 64023–64026 Maritime Administration NOTICES Public Health Service Secretarial extension of authority; marine war risk See Centers for Disease Control and Prevention insurance under Title XII of the Merchant Marine Act, See Food and Drug Administration 1936, 63959 See National Institutes of Health National Aeronautics and Space Administration Reclamation Bureau PROPOSED RULES NOTICES Federal Acquisition Regulation (FAR): Central Valley Project Improvement Act: Energy-efficient standby power devices, 64009–64011 Water management plans; evaluation criteria, 63942

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Securities and Exchange Commission See Surface Transportation Board NOTICES Self-regulatory organizations; proposed rule changes: Treasury Department Chicago Board Options Exchange, Inc., 63949–63953 See Alcohol, Tobacco and Firearms Bureau

Special Trustee for American Indians Office Veterans Affairs Department NOTICES NOTICES Meetings: Meetings: Indian trust asset management; tribal consultation, Gulf War Veterans’ Illnesses Research Advisory 63940–63941 Committee, 63964 VA Nursing National Commission, 63964–63965 State Department NOTICES Art objects; importation for exhibition: Separate Parts In This Issue Giorgio De Chirico and the Myth of Ariadne, 63953– 63954 Part II Committees; establishment, renewal, termination, etc.: Interior Department, Fish and Wildlife Service, 63967– International Economic Policy Advisory Committee, 64007 63954 Part III Surface Transportation Board Defense Department; General Services Administration; NOTICES National Aeronautics and Space Administration, Railroad services abandonment: 64009–64011 CSX Transportation, Inc., 63962–63963 South Kansas and Oklahoma Railroad Co., 63963–63964 Part IV Environmental Protection Agency, 64013–64022 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Part V Agreements Executive Office of the President, Presidential Documents, Trade Representative, Office of United States 64023–64026 NOTICES Trade Policy Staff Committee: U.S.-Central America Free Trade Agreement; comment Reader Aids request, 63954–63955 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Transportation Department and notice of recently enacted public laws. See Federal Aviation Administration To subscribe to the Federal Register Table of Contents See Federal Motor Carrier Safety Administration LISTSERV electronic mailing list, go to http:// See Federal Transit Administration listserv.access.gpo.gov and select Online mailing list See Maritime Administration archives, FEDREGTOC-L, Join or leave the list (or change See National Highway Traffic Safety Administration 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: 7607...... 64025 14 CFR 39 (4 documents) ...... 63813, 63815, 63817, 63821 71 (9 documents) ...... 63823, 63824, 63825, 63826, 63827, 63828 Proposed Rules: 39...... 63856 71...... 63858 15 CFR Proposed Rules: 806...... 63860 17 CFR 1...... 63966 27 CFR Proposed Rules: 55...... 63862 40 CFR Proposed Rules: 60...... 64014 122...... 63867 450...... 63867 42 CFR 460...... 63966 44 CFR 65 (2 documents) ...... 63829, 63834 67 (2 documents) ...... 63837, 63849 Proposed Rules: 67 (2 documents) ...... 63867, 63872 47 CFR 1...... 63850 20...... 63851 61...... 63850 69...... 63850 73 (5 documents) ...... 63852, 63853 Proposed Rules: 73 (4 documents) ...... 63873, 63874, 63875, 63876 48 CFR Proposed Rules: 2...... 64010 11...... 64010 23...... 64010 49 CFR 393...... 63966 50 CFR 17...... 63968 635...... 63854

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Rules and Regulations Federal Register Vol. 67, No. 200

Wednesday, October 16, 2002

This section of the FEDERAL REGISTER ADDRESSES: Submit comments to FAA, When the MFP386 ASIC fails, the contains regulatory documents having general Central Region, Office of the Regional AFD–3010 unit may display erroneous applicability and legal effect, most of which Counsel, Attention: Rules Docket No. primary flight information and engine are keyed to and codified in the Code of 2002–CE–39–AD, 901 Locust, Room parameters. These systems affect the Federal Regulations, which is published under 506, Kansas City, Missouri 64106. You way the pilot makes critical flight safety 50 titles pursuant to 44 U.S.C. 1510. may view any comments at this location decisions. The Code of Federal Regulations is sold by between 8 a.m. and 4 p.m., Monday These Rockwell Collins AFD–3010 the Superintendent of Documents. Prices of through Friday, except Federal holidays. adaptive flight display units are new books are listed in the first FEDERAL You may also send comments installed on, but not limited to, the REGISTER issue of each week. electronically to the following address: following aircraft: 9–ACE–7–[email protected]. Comments —Bombardier Model CL–600–2A12(CL– sent electronically must contain 601) airplanes; DEPARTMENT OF TRANSPORTATION ‘‘Docket No. 2002-CE–39-AD’’ in the —Cessna Model 525 and 525A subject line. If you send comments airplanes; Federal Aviation Administration electronically as attached electronic —Dassault Model Mystere-Falcon 20— files, the files must be formatted in F5 and Mystere-Falcon 50 airplanes; 14 CFR Part 39 Microsoft Word 97 for Windows or and [Docket No. 2002–CE–39–AD; Amendment ASCII text. —Raytheon Model 390 and Hawker 39–12906; AD 2002–20–09] You may get the service information 800XP airplanes. referenced in this AD from Rockwell RIN 2120–AA64 What Are the Consequences if the Collins Inc., Business and Regional Condition Is Not Corrected? Airworthiness Directives; Rockwell Systems, 400 Collins Road Northeast, Cedar Rapids, Iowa 52498; telephone: This condition, if not corrected, could Collins, Inc. AFD–3010 Adaptive Flight result in failure of the ASIC, which Display Units (319) 295–1831. You may view this information at FAA, Central Region, could result in the AFD–3010 unit AGENCY: Federal Aviation Office of the Regional Counsel, displaying erroneous primary flight and Administration, DOT. Attention: Rules Docket No. 2002–CE– engine parameter information. Such ACTION: Final rule; request for 39–AD, 901 Locust, Room 506, Kansas failure could lead to the pilot using comments. City, Missouri 64106; or at the Office of incorrect information when making the Federal Register, 800 North Capitol critical flight safety decisions. SUMMARY: This amendment adopts a Street, NW., suite 700, Washington, DC. Is There Service Information That new airworthiness directive (AD) that FOR FURTHER INFORMATION CONTACT: Applies to This Subject? applies to certain Rockwell Collins, Inc. Roger A. Souter, FAA, Wichita Aircraft Rockwell Collins has issued Service (Rockwell Collins) AFD–3010 adaptive Certification Office (ACO), 1801 Airport flight display units that are installed on Bulletin 12, Revision No. 2, AFD–3010– Road, Room 100, Wichita, Kansas 31–12, dated August 30, 2002. aircraft. This AD requires you to inspect 67209; telephone: (316) 946–4134; the AFD–3010 unit to determine if it The service bulletin includes facsimile: (316) 946–4407; e-mail: procedures for: contains an MFP386 Application [email protected]. Specific Integrated Circuit (ASIC) device —Inspecting the AFD–3010 unit to with a date code of 0128. This AD also SUPPLEMENTARY INFORMATION: determine serial number of the installed unit; requires you to have any AFD–3010 Discussion units with an MFP386 device with a —Inspecting the AFD–3010 unit (if date code of 0128 modified. This AD is What Events Have Caused This AD? serial number is one of the affected the result of reports of a manufacturing The FAA has received reports of a units) to determine the date code of defect. The actions specified by this AD manufacturing defect on the MFP386 the MFP386 ASIC device; and —Replacing the MFP386 ASIC device if are intended to prevent premature Application Specific Integrated Circuit the date code is 0128. failure of the ASIC, which could result (ASIC) device, Collins part number in the AFD–3010 unit displaying (CPN) 351–4957–020. These are used on The FAA’s Determination and an erroneous primary flight and engine the A5 card in the input/output control Explanation of the Provisions of this AD parameter information. Such failure circuitry of the AFD–3010 adaptive What Has FAA Decided? could lead to the pilot using incorrect flight display units. information when making critical flight The manufacturing defect of the The FAA has reviewed all available safety decisions. MFP386 ASIC device resulted in information, including the service DATES: This AD becomes effective on significant delamination around all of information referenced above; and November 12, 2002. the die edges. This causes stress on the determined that: The Director of the Federal Register wire bonds that hold the device to the —The unsafe condition referenced in approved the incorporation by reference A5 card. Stress on the wire bonds could this document exists or could develop of certain publications listed in the cause the bonds to break, which could on type design aircraft that regulation as of November 12, 2002. result in failure of the device. incorporate these Rockwell Collins The Federal Aviation Administration Failure of this device has been AFD–3010 adaptive flight display (FAA) must receive any comments on reported on AFD–3010 units containing units; this rule on or before December 12, an MFP386 ASIC device with a date —The actions specified in the 2002. code of 0128. previously-referenced service should

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be accomplished on affected Rockwell contact with the public that concerns regulatory evaluation will be prepared AFD–3010 adaptive flight display the substantive parts of this AD. and placed in the Rules Docket units; and (otherwise, an evaluation is not How Can I Be Sure FAA Receives My —AD action should be taken in order to required). A copy of it, if filed, may be Comment? correct this unsafe condition. obtained from the Rules Docket. If you want us to acknowledge the What Does This AD Require? receipt of your written comments, you List of Subjects in 14 CFR Part 39 This AD requires you to incorporate must include a self-addressed, stamped Air transportation, Aircraft, Aviation the actions in the previously-referenced postcard. On the postcard, write safety, Incorporation by reference, service bulletin. ‘‘Comments to Docket No. 2002–CE–39– Safety. In preparation of this rule, we AD.’’ We will date stamp and mail the contacted type clubs and aircraft postcard back to you. Adoption of the Amendment operators to obtain technical information and information on Compliance Time of This AD Accordingly, under the authority operational and economic impacts. We What Is the Compliance Time of This delegated to me by the Administrator, did not receive any information through AD? the Federal Aviation Administration these contacts. If received, we would amends part 39 of the Federal Aviation have included, in the rulemaking The compliance time of this AD is Regulations (14 CFR part 39) as follows: docket, a discussion of any information ‘‘within the next 14 days after the that may have influenced this action. effective date of this AD.’’ PART 39—AIRWORTHINESS DIRECTIVES Will I Have the Opportunity To Why Is the Compliance Time Presented Comment Prior to the Issuance of the in Calendar Time Instead of Hours 1. The authority citation for part 39 Rule? Time-in-Service (TIS)? continues to read as follows: Because the unsafe condition This unsafe condition is not a result Authority: 49 U.S.C. 106(g), 40113, 44701. described in this document could result of the number of times the airplane is in erroneous display of primary flight operated. The chance of this situation § 39.13 [Amended] occurring is the same for an airplane information, we find that notice and 2. FAA amends § 39.13 by adding a with 10 hours time-in-service (TIS) as it opportunity for public prior comment new airworthiness directive (AD) to would be for an airplane with 500 hours are impracticable. Therefore, good cause read as follows: exists for making this amendment TIS. For this reason, the FAA has effective in less than 30 days. determined that a compliance based on 2002–20–09 Rockwell Collins, Inc.: calendar time should be utilized in this Amendment 39–12906; Docket No. Comments Invited AD in order to assure that the unsafe 2002–CE–39–AD. How Do I Comment on This AD? condition is addressed on all airplanes (a) What airplanes are affected by this AD? in a reasonable time period. This AD applies to AFD–3010 adaptive flight Although this action is in the form of display units, part numbers 822–1084–012/– a final rule and was not preceded by Regulatory Impact 108/–202/–206/–302/–304/–402/–404/–406 notice and opportunity for public (serial numbers as specified in Rockwell comment, FAA invites your comments Does This AD Impact Various Entities? Collins Service Bulletin 12, Revision No. 2, on the rule. You may submit whatever These regulations will not have a AFD–3010–31–12, dated August 30, 2002), written data, views, or arguments you substantial direct effect on the States, on that are installed in aircraft. These AFD–3010 the relationship between the national adaptive flight display units are installed in, choose. You need to include the rule’s but not limited to, the following aircraft that docket number and submit your Government and the States, or on the are certificated in any category: comments to the address specified distribution of power and (1) Bombardier Model CL–600–2A12 (CL– under the caption ADDRESSES. We will responsibilities among the various 601) airplanes; consider all comments received on or levels of government. Therefore, FAA (2) Cessna Model 525 and 525A airplanes; before the closing date specified above. has determined that this final rule does (3) Dassault Model Mystere-Falcon 20–F5 We may amend this rule in light of not have federalism implications under and Mystere-Falcon 50 airplanes; and comments received. Factual information Executive Order 13132. (4) Raytheon Model 390 and Hawker that supports your ideas and suggestions 800XP airplanes. Does This AD Involve a Significant Rule (b) Who must comply with this AD? is extremely helpful in evaluating the or Regulatory Action? Anyone who wishes to operate an aircraft effectiveness of the AD action and equipped with one of the affected AFD–3010 determining whether we need to take We have determined that this adaptive flight display units must comply additional rulemaking action. regulation is an emergency regulation with this AD. that must be issued immediately to (c) What problem does this AD address? Are There Any Specific Portions of the correct an unsafe condition in aircraft, The actions specified by this AD are intended AD I Should Pay Attention To? and is not a significant regulatory action to prevent premature failure of the We specifically invite comments on under Executive Order 12866. It has Application Specific Integrated Circuit the overall regulatory, economic, been determined further that this action (ASIC) device, which could result in the environmental, and energy aspects of involves an emergency regulation under AFD–3010 unit displaying erroneous primary the rule that might suggest a need to DOT Regulatory Policies and Procedures flight and engine parameter information. Such failure could lead to the pilot using modify the rule. You may view all (44 FR 11034, February 26, 1979). If it incorrect information when making critical comments we receive before and after is determined that this emergency flight safety decisions. the closing date of the rule in the Rules regulation otherwise would be (d) What must I do to address this Docket. We will file a report in the significant under DOT Regulatory problem? To address this problem, you must Rules Docket that summarizes each FAA Policies and Procedures, a final accomplish the following actions:

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Actions Compliance Procedures

(1) Inspect the AFD–3010 adaptive flight dis- Within the next 14 days after November 12, In accordance with Rockwell Collins Service play unit to determine the serial number. 2002 (the effective date of this AD), unless Bulletin 12, Revision No. 2 (AFD–3010–31– already accomplished. 12), dated August 30, 2002.

(2) If the serial number of the AFD–3010 unit is Prior to further flight after the inspection re- In accordance with Rockwell Collins Service listed as one of the affected units specified in quired in paragraph (d)(1) of this AD, un- Bulletin 12, Revision No. 2 (AFD–3010–31– Rockwell Collins Service Bulletin 12, Revision less already accomplished. 12), dated August 30, 2002. No. 2 (AFD–3010–31–12), dated August 30, 2002, then inspect the MFP386 ASIC device to determine the date code. (i) If the date code on the MFP386 ASIC device is 0128, return the unit to the manufacturer for modification and install the modified ADF–3010 unit. (ii) If the date code on the MFP386 ASIC is other than 0128, no manufacturer modi- fication is necessary.

(3) Do not install, on any aircraft, an affected As of November 12, 2002 (the effective date Not applicable. ADF–3010 adaptive flight display that con- of this AD). tains a MFP386 ASIC device with a date code of 0128.

(e) Can I comply with this AD in any other 30, 2002. The Director of the Federal Register Corporation (Cirrus) Model SR20 and way? You may use an alternative method of approved this incorporation by reference SR22 airplanes. This AD requires you to compliance or adjust the compliance time if: under 5 U.S.C. 552(a) and 1 CFR part 51. You replace the self-locking retaining nut on (1) Your alternative method of compliance can get copies from Rockwell Collins, the roll and yaw trim cartridges with a provides an equivalent level of safety; and Business and Regional Systems, 400 Collins (2) The Manager, Wichita Aircraft Road Northeast, Cedar Rapids, Iowa 52498; new self-locking retaining nut with a Certification Office, approves your telephone: (319) 295–1831. You may view higher axial load capability. This AD is alternative. Submit your request through an this information at FAA, Central Region, the result of a report that, during a FAA Principal Maintenance Inspector, who Office of the Regional Counsel, 901 Locust, production flight test, the self-locking may add comments and then send it to the Room 506, Kansas City, Missouri, or at the retaining nut on the yaw trim cartridge Manager, Wichita Aircraft Certification Office of the Federal Register, 800 North came off. The actions specified by this Office. Capitol Street, NW., suite 700, Washington, AD are intended to prevent loss of the Note: This AD applies to each airplane DC. self-locking retaining nut on the roll and identified in paragraph (a) of this AD, (i) When does this amendment become effective? This amendment becomes effective yaw trim cartridges during flight, which regardless of whether it has been modified, could result in jamming of the altered, or repaired in the area subject to the on November 12, 2002. requirements of this AD. For airplanes that corresponding flight control system. Issued in Kansas City, Missouri, on Such jamming could lead to loss of have been modified, altered, or repaired so October 3, 2002. control of the airplane. that the performance of the requirements of James E. Jackson, this AD is affected, the owner/operator must Acting Manager, Small Airplane Directorate, DATES: This AD becomes effective on request approval for an alternative method of November 8, 2002. compliance in accordance with paragraph (e) Aircraft Certification Service. of this AD. The request should include an [FR Doc. 02–25717 Filed 10–15–02; 8:45 am] The Director of the Federal Register assessment of the effect of the modification, BILLING CODE 4910–13–M approved the incorporation by reference alteration, or repair on the unsafe condition of certain publications listed in the addressed by this AD; and, if you have not regulation as of November 8, 2002. eliminated the unsafe condition, specific DEPARTMENT OF TRANSPORTATION The Federal Aviation Administration actions you propose to address it. (FAA) must receive any comments on (f) Where can I get information about any Federal Aviation Administration this rule on or before December 10, already-approved alternative methods of 2002. compliance? Contact Roger A. Souter, FAA, 14 CFR Part 39 Wichita Aircraft Certification Office (ACO), ADDRESSES: Submit comments to FAA, 1801 Airport Road, Room 100, Wichita, [Docket No. 2002–CE–41–AD; Amendment Central Region, Office of the Regional Kansas 67209; telephone: (316) 946–4134; 39–12908; AD 2002–21–02] facsimile: (316) 946–4407; e-mail: Counsel, Attention: Rules Docket No. RIN 2120–AA64 [email protected]. 2002–CE–41–AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You (g) What if I need to fly the airplane to Airworthiness Directives; Cirrus another location to comply with this AD? The may view any comments at this location FAA can issue a special flight permit under Design Corporation Model SR20 and between 8 a.m. and 4 p.m., Monday sections 21.197 and 21.199 of the Federal SR22 Airplanes through Friday, except Federal holidays. Aviation Regulations (14 CFR 21.197 and AGENCY: Federal Aviation You may also send comments 21.199) to operate your airplane to a location Administration, DOT. electronically to the following address: where you can accomplish the requirements 9–ACE–7–[email protected]. Comments of this AD. ACTION: Final rule; request for (h) Are any service bulletins incorporated comments. sent electronically must contain into this AD by reference? Actions required ‘‘Docket No. 2002–CE–41–AD’’ in the by this AD must be done in accordance with SUMMARY: This amendment adopts a subject line. If you send comments Rockwell Collins Service Bulletin 12 (AFD– new airworthiness directive (AD) that electronically as attached electronic 3010–31–12), Revision No. 2, dated August applies to certain Cirrus Design files, the files must be formatted in

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Microsoft Word 97 for Windows or locking retaining nut on the roll trim effectiveness of the AD action and ASCII text. and the yaw trim cartridges. determining whether we need to take You may get the service information additional rulemaking action. The FAA’s Determination and an referenced in this AD from Cirrus Explanation of the Provisions of This Are There Any Specific Portions of the Design Corporation, 4515 Taylor Circle, AD AD I Should Pay Attention to? Duluth, MN 55811; telephone: (218) 727–2737; or electronically at the What Has FAA Decided? We specifically invite comments on following address: The FAA has reviewed all available the overall regulatory, economic, www.cirrusdesign.com/sb. You may information, including the service environmental, and energy aspects of view this information at FAA, Central information referenced above; and the rule that might suggest a need to Region, Office of the Regional Counsel, determined that: modify the rule. You may view all Attention: Rules Docket No. 2002–CE– —The unsafe condition referenced in comments we receive before and after 41–AD, 901 Locust, Room 506, Kansas this document exists or could develop the closing date of the rule in the Rules City, Missouri 64106; or at the Office of on other Cirrus Model SR20 and SR22 Docket. We will file a report in the the Federal Register, 800 North Capitol airplanes of the same type design; Rules Docket that summarizes each FAA Street, NW., suite 700, Washington, DC. —The actions specified in the contact with the public that concerns FOR FURTHER INFORMATION CONTACT: previously-referenced service the substantive parts of this AD. Gregory J. Michalik, Aerospace information (as specified in this AD) How Can I Be Sure FAA Receives My Engineer, FAA, Chicago Aircraft should be accomplished on the affected Comment? Certification Office, 2300 East Devon airplanes; and Avenue, Des Plaines, IL 60018; —AD action should be taken in order If you want us to acknowledge the telephone: (847) 294–7135; facsimile: to correct this unsafe condition. receipt of your written comments, you (847) 294–7834. What Does This AD Require? must include a self-addressed, stamped SUPPLEMENTARY INFORMATION: postcard. On the postcard, write This AD requires you to incorporate ‘‘Comments to Docket No. 2002–CE–41– Discussion the actions in the previously-referenced AD.’’ We will date stamp and mail the What Events Have Caused This AD? service bulletin. postcard back to you. In preparation of this rule, we The FAA received a report that, contacted type clubs and aircraft Regulatory Impact during a production flight test of one of operators to obtain technical Does This AD Impact Various Entities? the affected airplanes, the pilot information and information on attempted to apply right rudder but the operational and economic impacts. We These regulations will not have a control would not move. After did not receive any information through substantial direct effect on the States, on investigation of this incident, we these contacts. If received, we would the relationship between the national determined that the self-locking have included, in the rulemaking Government and the States, or on the retaining nut on the shaft of the yaw docket, a discussion of any information distribution of power and trim cartridge came off and caused the that may have influenced this action. responsibilities among the various yaw trim cartridge rod to jam when the levels of government. Therefore, FAA right rudder was applied. Will I Have the Opportunity To has determined that this final rule does The yaw trim cartridge and the roll Comment Prior to the Issuance of the not have federalism implications under trim cartridge use the same shaft and Rule? Executive Order 13132. self-locking retaining nut. The Because the unsafe condition manufacturer has changed the design to described in this document could result Does This AD Involve a Significant Rule include a new self-locking retaining nut in loss of flight controls, we find that or Regulatory Action? with greater locking ability. notice and opportunity for public prior We have determined that this There have been no reports of this comment are impracticable. Therefore, regulation is an emergency regulation situation occurring on delivered good cause exists for making this that must be issued immediately to airplanes in over 96,000 hours time-in- amendment effective in less than 30 correct an unsafe condition in aircraft, service on the fleet. days. and is not a significant regulatory action What Are the Consequences if the Comments Invited under Executive Order 12866. It has Condition Is Not Corrected? been determined further that this action How Do I Comment on This AD? This condition, if not corrected, could involves an emergency regulation under result in loss of the self-locking Although this action is in the form of DOT Regulatory Policies and Procedures retaining nut on the roll and yaw trim a final rule and was not preceded by (44 FR 11034, February 26, 1979). If it cartridges. Such failure could lead to notice and opportunity for public is determined that this emergency jamming of the corresponding flight comment, FAA invites your comments regulation otherwise would be control and cause loss of control of the on the rule. You may submit whatever significant under DOT Regulatory airplane. written data, views, or arguments you Policies and Procedures, a final choose. You need to include the rule’s regulatory evaluation will be prepared Is There Service Information That docket number and submit your and placed in the Rules Docket Applies to This Subject? comments to the address specified (otherwise, an evaluation is not Cirrus Design Corporation has issued under the caption ADDRESSES. We will required). A copy of it, if filed, may be Alert Service Bulletin SB A20–27–06, consider all comments received on or obtained from the Rules Docket. Issued: September 20, 2002, and Alert before the closing date specified above. List of Subjects in 14 CFR Part 39 Service Bulletin SB A22–27–03, Issued: We may amend this rule in light of September 20, 2002. comments received. Factual information Air transportation, Aircraft, Aviation These service bulletins include that supports your ideas and suggestions safety, Incorporation by reference, procedures for installing a new self- is extremely helpful in evaluating the Safety.

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Adoption of the Amendment § 39.13 [Amended] (b) Who must comply with this AD? 2. FAA amends § 39.13 by adding a Anyone who wishes to operate any of the Accordingly, under the authority new airworthiness directive (AD) to airplanes identified in paragraph (a) of this delegated to me by the Administrator, read as follows: AD must comply with this AD. the Federal Aviation Administration (c) What problem does this AD address? 2002–21–02 Cirrus Design Corporation: The actions specified by this AD are intended amends part 39 of the Federal Aviation Amendment 39–12908; Docket No. to prevent loss of the self-locking retaining Regulations (14 CFR part 39) as follows: 2002–CE–41–AD. nut on the roll and yaw trim cartridges (a) What airplanes are affected by this AD? during flight, which could result in jamming PART 39—AIRWORTHINESS This AD applies to the following airplane DIRECTIVES models and serial numbers that are of the corresponding flight control system. certificated in any category: Such jamming could lead to loss of control 1. The authority citation for part 39 of the airplane. continues to read as follows: Model Serial numbers (d) What must I do to address this problem? To address this problem, you must Authority: 49 U.S.C. 106(g), 40113, 44701. SR20 1005 through 1241, except 1235, accomplish the following actions: 1237, and 1238. SR22 0002 through 0333, except 0309, 0322, 0323, and 0328.

Actions Compliance Procedures

(1) Replace the self-locking retaining nut on the Within the next 10 hours time-in-service after In accordance with Cirrus Alert Service Bul- yaw trim cartridge and the roll trim cartridge November 8, 2002 (the effective date of this letin SB A20–27–06, Issued: September 20, with a new self-locking retaining nut, part AD), unless already accomplished. 2002, and Cirrus Alert Service Bulletin SB number MS21044N3. A22–27–03, Issued: September 20, 2002, as applicable.

(2) Do not install any self-locking retaining nut As of November 8, 2002 (the effective date of Not applicable. on the yaw trim cartridge or the roll trim car- this AD). tridge that is not part number MS21044N3.

(e) Can I comply with this AD in any other where you can accomplish the requirements DEPARTMENT OF TRANSPORTATION way? You may use an alternative method of of this AD. compliance or adjust the compliance time if: (h) Are any service bulletins incorporated Federal Aviation Administration (1) Your alternative method of compliance into this AD by reference? Actions required provides an equivalent level of safety; and by this AD must be done in accordance with 14 CFR Part 39 (2) The Manager, Chicago Aircraft in Cirrus Alert Service Bulletin SB A20–27– Certification Office (ACO), approves your 06, Issued: September 20, 2002, and Cirrus [Docket No. 2002–SW–46–AD; Amendment 39–12910; AD 2002–21–04] alternative. Submit your request through an Alert Service Bulletin SB A22–27–03, Issued: FAA Principal Maintenance Inspector, who September 20, 2002. The Director of the may add comments and then send it to the RIN 2120–AA64 Federal Register approved this incorporation Manager, Chicago ACO. by reference under 5 U.S.C. 552(a) and 1 CFR Airworthiness Directives; Agusta Note: This AD applies to each airplane part 51. You can get copies from Cirrus S.p.A. Model A119 Helicopters identified in paragraph (a) of this AD, Design Corporation, 4515 Taylor Circle, regardless of whether it has been modified, Duluth, MN 55811; telephone: (218) 727– AGENCY: Federal Aviation altered, or repaired in the area subject to the 2737; or electronically at the following Administration, DOT. requirements of this AD. For airplanes that have been modified, altered, or repaired so address: www.cirrusdesign.com/sb. You may ACTION: Final rule; request for that the performance of the requirements of view this information at FAA, Central comments. this AD is affected, the owner/operator must Region, Office of the Regional Counsel, 901 SUMMARY: request approval for an alternative method of Locust, Room 506, Kansas City, Missouri, or This amendment supersedes compliance in accordance with paragraph (e) at the Office of the Federal Register, 800 an existing emergency airworthiness of this AD. The request should include an North Capitol Street, NW., suite 700, directive (EAD) for Agusta S.p.A. assessment of the effect of the modification, Washington, DC. (Agusta) Model A119 helicopters. EAD alteration, or repair on the unsafe condition (i) When does this amendment become 2002–17–52, which was issued on addressed by this AD; and, if you have not effective? This amendment becomes effective August 21, 2002, was sent to all known eliminated the unsafe condition, specific on November 8, 2002. U.S. owners and operators of Agusta actions you propose to address it. Model A119 helicopters by individual Issued in Kansas City, Missouri, on (f) Where can I get information about any letters. That AD currently requires October 7, 2002. already-approved alternative methods of installing a placard in the helicopter compliance? Contact Gregory J. Michalik, Michael Gallagher, and marking the airspeed indication at Aerospace Engineer, FAA, Chicago ACO, Manager, Small Airplane Directorate, Aircraft 132 knots indicated airspeed (KIAS) 2300 East Devon Avenue, Des Plaines, IL Certification Service. before further flight; visually checking 60018; telephone: (847) 294–7135; facsimile: [FR Doc. 02–26052 Filed 10–15–02; 8:45 am] the tail rotor blades on both sides for a (847) 294–7834. (g) What if I need to fly the airplane to BILLING CODE 4910–13–P crack before each start of the helicopter another location to comply with this AD? The engine; visually inspecting the tail rotor FAA can issue a special flight permit under blades with a 5x or higher magnifying sections 21.197 and 21.199 of the Federal glass and conducting a dye-penetrant Aviation Regulations (14 CFR 21.197 and inspection if you are unable to 21.199) to operate your airplane to a location determine by the visual inspection

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whether or not there is a crack; intervals not to exceed 5 hours TIS, action is necessary for products of this replacing any cracked tail rotor blade; inspecting each tail rotor blade for a type design that are certificated for modifying the tail rotor hub and blade crack with a 5x or higher magnifying operation in the United States. assembly, reidentifying the modified tail glass. If you were unable to determine Since an unsafe condition has been rotor hub and grips assembly and the by the visual inspection whether there identified that is likely to exist or modified tail rotor hub and blade was a crack, the AD required conducting develop on other Agusta Model A119 assembly, which is a terminating action a dye-penetrant inspection. Replacing helicopters of the same type design, this for the never-exceed speed (Vne) any cracked tail rotor blade with an AD supersedes EAD 2002–17–52 to reduction; and establishing a retirement airworthy blade was also required require reducing the helicopter Vne; life for the tail rotor control rod. This before further flight. After issuance of checking and inspecting the tail rotor amendment requires the same actions as that EAD, the manufacturer determined, blades for cracks; replacing any cracked that EAD, but corrects the airspeed and we agreed, that reducing the Vne to tail rotor blades; modifying and indication marking, which should have 122 KIAS is necessary to reduce the tail reidentifying certain assemblies; and been stated as 122 KIAS instead of 132 rotor loading until the tail rotor hub and establishing a retirement life for the tail KIAS. This amendment is prompted by blade assembly, P/N 109–8131–02–149, rotor control rod. The actions must be the failure of a tail rotor blade due to a is modified and reidentified as P/N 109– accomplished in accordance with the fatigue crack. The actions specified by 8131–02–155. Further, we determined BT described previously. The short this AD are intended to prevent failure that additional tail rotor hub and blades compliance time involved is required of the tail rotor blade and subsequent assembly modifications were necessary because the previously described loss of control of the helicopter. for the Agusta Model A119 helicopters critical unsafe condition can adversely DATES: Effective October 31, 2002. that are not required for the Model affect the controllability of the The incorporation by reference of A109E helicopters, so we superseded helicopter. Therefore reducing the certain publications listed in the AD 2002–14–51 and issued a separate helicopter Vne; checking and inspecting regulations is approved by the Director AD for each model. EAD 2002–17–52, the tail rotor blades for cracks; replacing of the Federal Register as of October 31, issued on August 21, 2002, is applicable any cracked tail rotor blades; modifying 2002. to Agusta Model A119 helicopters. That and reidentifying certain assemblies; Comments for inclusion in the Rules EAD requires reducing the helicopter and establishing a retirement life for the Docket must be received on or before Vne; checking and inspecting the tail tail rotor control rod are required before December 16, 2002. rotor blades for cracks; replacing any further flight, and this AD must be ADDRESSES: Submit comments in cracked tail rotor blades; modifying and issued immediately. An owner/operator (pilot) may triplicate to the Federal Aviation reidentifying certain assemblies; and perform the visual check required by Administration (FAA), Office of the establishing a retirement life for the tail paragraph (b) of this AD and must enter Regional Counsel, Southwest Region, rotor control rod. compliance with that paragraph into the Attention: Rules Docket No. 2002–SW– Since the issuance of EAD 2002–17– 52, we have determined that we helicopter maintenance records in 46–AD, 2601 Meacham Blvd., Room incorrectly stated the KIAS that should accordance with 14 CFR 46.11 and 663, Fort Worth, Texas 76137. You may be marked on the helicopter airspeed 91.417(a)(2)(v). A pilot may perform this also send comments electronically to indicator. The EAD stated that the check because it involves only a visual the Rules Docket at the following airspeed indication should be marked at check for a crack in the tail rotor blade address: [email protected]. and can be performed equally well by a The applicable service information 132 KIAS; it should be marked at 122 pilot or a mechanic. may be obtained from Agusta, 21017 KIAS. The FAA has reviewed Agusta Alert Since a situation exists that requires Cascina Costa di Samarate (VA) Italy, Bollettino Tecnico No. 119–6, Revision the immediate adoption of this Via Giovanni Agusta 520, telephone 39 A, dated July 12, 2002 (BT), which regulation, it is found that notice and (0331) 229111, fax 39 (0331) 229605– describes procedures for checking and opportunity for prior public comment 222595. This information may be inspecting both sides of the tail rotor hereon are impracticable, and that good examined at the FAA, Office of the blades, P/N 109–8132–01–111, for a cause exists for making this amendment Regional Counsel, Southwest Region, crack, reducing the helicopter Vne, effective in less than 30 days. 2601 Meacham Blvd., Room 663, Fort modifying the tail rotor hub and blade The FAA estimates that 5 helicopters Worth, Texas; or at the Office of the assembly, and establishing a retirement of U.S. registry will be affected by this Federal Register, 800 North Capitol life for the tail rotor control rod. The AD. It will take approximately 1 work Street, NW., suite 700, Washington, DC. Ente Nazionale per l’Aviazione Civile hour to install a placard on each FOR FURTHER INFORMATION CONTACT: (ENAC), which is the airworthiness helicopter, 0.5 work hour to perform Richard Monschke, Aviation Safety authority for Italy, classified the BT as each enhanced visual inspection, 1 Engineer, FAA, Rotorcraft Directorate, mandatory and issued AD No. 2002– work hour to perform each dye- Rotorcraft Standards Staff, Fort Worth, 367, dated July 16, 2002, to ensure the penetrant inspection, 1 work hour to Texas 76193–0110, telephone (817) continued airworthiness of these replace a blade, if necessary, and 6 work 222–5116, fax (817) 222–5961. helicopters in Italy. hours to replace both grip and bushing SUPPLEMENTARY INFORMATION: On July 9, This helicopter model is assemblies. The average labor rate is $60 2002, the FAA issued Emergency AD manufactured in Italy and is type per work hour. Required parts will cost 2002–14–51, Docket No. 2002–SW–35– certificated for operation in the United approximately $9,765 per blade, if AD, which applied to Agusta Model States under the provisions of 14 CFR necessary, and $9,830 for each grip and A109E and A119 helicopters with tail 21.29 and the applicable bilateral bushing assembly. The manufacturer rotor blade, part number (P/N) 109– agreement. Pursuant to the applicable states in its BT that they will provide a 8132–01–111, installed. That AD bilateral agreement, ENAC has kept the new grip and bushing assembly to required, before each flight, visually FAA informed of the situation described customers at no charge. Based on these checking each tail rotor blade on both above. The FAA has examined the figures, the total cost impact of the AD sides for a crack. That AD also required, findings of ENAC, reviewed all available on U.S. operators is estimated to be within 5 hours TIS and thereafter at information, and determined that AD $81,685 per year, assuming that each

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helicopter, per year, flies 600 hours, gets the States, on the relationship between 2002–21–04 Agusta S.p.A.: Amendment 39– 24 enhanced inspections, gets 24 dye- the national Government and the States, 12910. Docket No. 2002–SW–46–AD. penetrant inspections, requires one or on the distribution of power and Supersedes Emergency AD 2002–17–52, blade replacement, and has both new responsibilities among the various Docket No. 2002–SW–43–AD and EAD grip and bushing assemblies installed. levels of government. Therefore, it is 2002–14–51, Docket No. 2002–SW–35– AD. Comments Invited determined that this final rule does not have federalism implications under Applicability: Model A119 helicopters Although this action is in the form of Executive Order 13132. with hub and tail rotor blades assembly, part a final rule that involves requirements The FAA has determined that this number (P/N) 109–8131–02–149, or tail rotor affecting flight safety and, thus, was not regulation is an emergency regulation blades, P/N 109–8132–01–111, installed, preceded by notice and an opportunity that must be issued immediately to certificated in any category. for public comment, comments are correct an unsafe condition in aircraft, Note 1: This AD applies to each helicopter invited on this rule. Interested persons and that it is not a ‘‘significant identified in the preceding applicability are invited to comment on this rule by regulatory action’’ under Executive provision, regardless of whether it has been submitting such written data, views, or Order 12866. It has been determined otherwise modified, altered, or repaired in arguments as they may desire. further that this action involves an the area subject to the requirements of this Communications should identify the emergency regulation under DOT AD. For helicopters that have been modified, altered, or repaired so that the performance Rules Docket number and be submitted Regulatory Policies and Procedures (44 of the requirements of this AD is affected, the in triplicate to the address specified FR 11034, February 26, 1979). If it is under the caption ADDRESSES. All owner/operator must request approval for an determined that this emergency communications received on or before alternative method of compliance in regulation otherwise would be the closing date for comments will be accordance with paragraph (i) of this AD. The significant under DOT Regulatory considered, and this rule may be request should include an assessment of the Policies and Procedures, a final amended in light of the comments effect of the modification, alteration, or repair regulatory evaluation will be prepared received. Factual information that on the unsafe condition addressed by this and placed in the Rules Docket. A copy supports the commenter’s ideas and AD; and if the unsafe condition has not been of it, if filed, may be obtained from the suggestions is extremely helpful in eliminated, the request should include Rules Docket at the location provided evaluating the effectiveness of the AD specific proposed actions to address it. under the caption ADDRESSES. action and determining whether Compliance: Required as indicated, unless additional rulemaking action would be List of Subjects in 14 CFR Part 39 accomplished previously. needed. To prevent failure of the tail rotor blade Comments are specifically invited on Air transportation, Aircraft, Aviation and subsequent loss of control of the the overall regulatory, economic, safety, Incorporation by reference, helicopter, accomplish the following: environmental, and energy aspects of Safety. (a) Before further flight, install a placard in the rule that might suggest a need to Adoption of the Amendment the helicopter and mark the airspeed modify the rule. All comments indicator at 122 knots indicated airspeed submitted will be available in the Rules Accordingly, pursuant to the (KIAS) to indicate a reduction in the Docket for examination by interested authority delegated to me by the helicopter never exceed speed (Vne) by 30 persons. A report that summarizes each Administrator, the Federal Aviation KIAS. Make and install the placard in FAA-public contact concerned with the Administration amends part 39 of the accordance with the Compliance Instructions, Part I, of Agusta Alert Bollettino substance of this AD will be filed in the Federal Aviation Regulations (14 CFR part 39) as follows: Tecnico No. 119–6, Revision A, dated July Rules Docket. 12, 2002 (BT). On the glass of the airspeed Commenters wishing the FAA to indicator, apply a red mark over the value of acknowledge receipt of their mailed PART 39—AIRWORTHINESS DIRECTIVES 122 KIAS. comments submitted in response to this (b) Before each start of the helicopter rule must submit a self-addressed, 1. The authority citation for part 39 engine, visually check both sides of each tail stamped postcard on which the continues to read as follows: rotor blade for a crack in the area depicted following statement is made: in Figure 1 of this AD. An owner/operator ‘‘Comments to Docket No. 2002–SW– Authority: 49 U.S.C. 106(g), 40113, 44701. (pilot) holding at least a private pilot 46–AD.’’ The postcard will be date § 39.13 [Amended] certificate may perform this visual check and stamped and returned to the must enter compliance with this paragraph commenter. 2. Section 39.13 is amended by into the aircraft maintenance records in The regulations adopted herein will adding a new airworthiness directive accordance with 14 CFR 43.11 and not have a substantial direct effect on (AD) to read as follows: 91.417(a)(2)(v). See Figure 1:

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Note 2: Paint irregularities on the tail rotor with paragraph (a) of this AD. Modifying and paragraphs 1 through 6, and Part IV, of blade may be due to a crack. reidentifying the parts as required by Agusta Alert Bollettino Tecnico No. 119–6, (c) Within 25 hours time-in-service (TIS), paragraph (e) of this AD is terminating Revision A, dated July 12, 2002. This and thereafter at intervals not to exceed 25 actions for the requirements of paragraph (a) incorporation by reference was approved by hours TIS, and any time an increase in of this AD and restores the original Vne. the Director of the Federal Register in (g) After completing the actions required vibration levels occur, using a 5x or higher accordance with 5 U.S.C. 552(a) and 1 CFR magnifying glass, visually inspect each tail by paragraph (e) of this AD, establish a part 51. Copies may be obtained from Agusta, rotor blade for a crack in accordance with the retirement life of 1,000 hours TIS for tail Compliance Instructions, Part III, paragraphs rotor control rod, P/N 109–0135–02–101. 21017 Cascina Costa di Samarate (VA) Italy, 1. through 5., of the BT. Reporting to Agusta (h) After completing the actions required Via Giovanni Agusta 520, telephone 39 Service Engineering is not required. If you by paragraph (e) of this AD, revise the (0331) 229111, fax 39 (0331) 229605–222595. are unable to determine by the visual helicopter Airworthiness Limitations Section Copies may be inspected at the FAA, Office inspection whether there is a crack, dye of the Agusta Model A119 helicopter of the Regional Counsel, Southwest Region, penetrant inspect the tail rotor blade for a maintenance manual by inserting a 1,000 2601 Meacham Blvd., Room 663, Fort Worth, crack in accordance with the Compliance hour TIS retirement life for each tail rotor Texas 76137; or at the Office of the Federal Instructions, Part III, paragraph 6., of the BT. control rod, P/N 109–0135–02–101. Register, 800 North Capitol Street, NW., suite (d) Replace any cracked tail rotor blade (i) An alternative method of compliance or 700, Washington, DC. with an airworthy blade before further flight. adjustment of the compliance time that (l) This amendment becomes effective on (e) Not later than October 30, 2002, in provides an acceptable level of safety may be October 31, 2002. accordance with the Compliance used if approved by the Manager, Regulations Instructions, Part IV, and Figure 2 of the BT: Group, Rotorcraft Directorate, FAA. Note 4: The subject of this AD is addressed (1) Install a new grip and bushing Operators shall submit their requests through in Ente Nazionale per l’Aviazione Civile assembly, P/N 109–8131–02–147, into tail an FAA Principal Maintenance Inspector, (Italy) AD No. 2002–367, dated July 16, 2002. rotor hub and blade assembly, P/N 109– who may concur or comment and then send 8131–02–149; it to the Manager, Regulations Group. Issued in Fort Worth, Texas, on October 8, (2) Reidentify the modified tail rotor hub and grips assembly, P/N 109–8131–02–141, Note 3: Information concerning the 2002. as P/N 109–8132–01–153; and existence of approved alternative methods of Larry M. Kelly, (3) Reidentify the modified tail rotor hub compliance with this AD, if any, may be obtained from the Regulations Group. Acting Manager, Rotorcraft Directorate, and blade assembly, P/N 109–8131–02–149, Aircraft Certification Service. as P/N 109–8131–02–155. (j) Special flight permits will not be issued. Returning the grips to the manufacturer is (k) Installing the placard, inspecting for [FR Doc. 02–26071 Filed 10–15–02; 8:45 am] not required by this AD. cracks, modifying and reidentifying the tail BILLING CODE 4910–13–P (f) After completing the actions required by rotor hub and blade assembly, and paragraph (e) of this AD, remove the Vne reidentifying the tail rotor hub and grip placard and the airspeed indicator marking at assembly shall be done in accordance with 122 KIAS that were installed in accordance the Compliance Instructions, Part I, Part III,

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DEPARTMENT OF TRANSPORTATION 31402–9980. This information may be becoming pinched or damaged, causing examined at the FAA, Transport arcing between the wire and attaching Federal Aviation Administration Airplane Directorate, 1601 Lind bracket, which could result in smoke Avenue, SW., Renton, Washington; or at and fire in the pilot’s circuit breaker 14 CFR Part 39 the FAA, Atlanta Aircraft Certification panel. This AD requires a one-time [Docket No. 2002–NM–255–AD; Amendment Office, One Crown Center, 1895 Phoenix general visual inspection of the pilot’s 39–12909; AD 2002–21–03] Boulevard, Suite 450, Atlanta, Georgia; overhead circuit breaker panel wiring or at the Office of the Federal Register, for discrepancies; rerouting the P45–12 RIN 2120–AA64 800 North Capitol Street, NW., suite wire; and repair, if necessary. The Airworthiness Directives; Gulfstream 700, Washington, DC. actions are required to be accomplished Model G–V Series Airplanes FOR FURTHER INFORMATION CONTACT: in accordance with the alert customer Robert S. Chupka, Aerospace Engineer, bulletin described previously; except as AGENCY: Federal Aviation Systems and Flight Test Branch, ACE– discussed below. Administration, DOT. 116A, FAA, Atlanta Aircraft ACTION: Final rule; request for Certification Office, One Crown Center, Differences Between This AD and the comments. 1895 Phoenix Boulevard, Suite 450, Alert Customer Bulletin Atlanta, Georgia 30349; telephone (770) Operators should note that, although SUMMARY: This amendment adopts a 703–6070; fax (770) 703–6097. new airworthiness directive (AD) that is the alert customer bulletin specifies that SUPPLEMENTARY INFORMATION: The applicable to certain Gulfstream Model the manufacturer be contacted for manufacturer has notified the FAA that G–V series airplanes. This action disposition of discrepant conditions, a fire occurred in the pilot’s overhead requires performing a one-time general this AD requires repair of those circuit breaker panel on a Gulfstream visual inspection of the pilot’s overhead conditions to be accomplished per a Model G–V series airplane while it was circuit breaker panel wiring for method approved by the FAA. undergoing a landing gear cycling test. discrepancies; rerouting the P45–12 Investigation revealed that the P45–12 The alert customer bulletin also wire; and repair, if necessary. This wire had been pinched between the recommends that the actions be action is necessary to prevent circuit circuit breaker panel and its attach accomplished before further flight for breaker wiring from becoming pinched bracket. The current wire routing within airplanes located at a maintenance or damaged, causing arcing between the the pilot’s circuit breaker panel allows facility; or, for airplanes not located at wire and attaching bracket, which could the P45–12 wire to become pinched or a facility where the inspection can be result in smoke and/or fire in the pilot’s damaged upon closing of the circuit performed, it allows a one-time flight to circuit breaker panel. This action is breaker panel, which may arc to the a maintenance facility where it can be intended to address the identified metal attaching bracket during performed. However, this AD requires unsafe condition. vibration. These conditions, if not that the one-time inspection be DATES: Effective October 21, 2002. The corrected, could result in smoke and/or accomplished within 5 days after the incorporation by reference of certain fire in the pilot’s circuit breaker panel. effective date of this AD. In developing publications listed in the regulations is an appropriate compliance time for this approved by the Director of the Federal Explanation of Relevant Service AD, we considered not only the Register as of October 21, 2002. Information manufacturer’s recommendation, but Comments for inclusion in the Rules The FAA has reviewed and approved the degree of urgency associated with Docket must be received on or before Gulfstream Alert Customer Bulletin No. addressing the subject unsafe condition, December 16, 2002. 19, including Drawing 1159SB59301, and the average utilization of the ADDRESSES: Submit comments in dated September 26, 2002, including affected fleet. In light of these factors, triplicate to the Federal Aviation attachment, which describes procedures we find a 5-day compliance time for Administration (FAA), Transport for a one-time general visual inspection completing the required actions to be Airplane Directorate, ANM–114, of the pilot’s overhead circuit breaker warranted, in that it represents an Attention: Rules Docket No. 2002–NM– panel for discrepancies (e.g., wire appropriate interval of time allowable 255–AD, 1601 Lind Avenue, SW., damage). The inspection involves for affected airplanes to continue to Renton, Washington 98055–4056. paying special attention to the P45–12 operate without compromising safety. Comments may be inspected at this wire that runs from circuit breaker F10 Operators should note that, although location between 9 a.m. and 3 p.m., to G5. The alert customer bulletin also the Accomplishment Instructions of the Monday through Friday, except Federal describes procedures for rerouting wire referenced alert customer bulletin holidays. Comments may be submitted P45–12 inside the standoff on the front describe procedures for completing a via fax to (425) 227–1232. Comments of the panel, and contacting the Service Reply Card for reporting may also be sent via the Internet using manufacturer if discrepancies are found. compliance with the alert customer the following address: 9-anm- Accomplishment of the actions bulletin, this AD does not require that [email protected]. Comments sent specified in the alert customer bulletin action. The FAA does not need this via fax or the Internet must contain is intended to adequately address the information from operators. ‘‘Docket No. 2002–NM–255–AD’’ in the identified unsafe condition. subject line and need not be submitted Determination of Rule’s Effective Date in triplicate. Comments sent via the Explanation of the Requirements of the Internet as attached electronic files must Rule Since a situation exists that requires be formatted in Microsoft Word 97 for Since an unsafe condition has been the immediate adoption of this Windows or ASCII text. identified that is likely to exist or regulation, it is found that notice and The service information referenced in develop on other Gulfstream Model G– opportunity for prior public comment this AD may be obtained from V series airplanes of the same type hereon are impracticable, and that good Gulfstream Aerospace Corporation, P.O. design, this AD is being issued to cause exists for making this amendment Box 2206, M/S D–10, Savannah, Georgia prevent circuit breaker wiring from effective in less than 30 days.

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Comments Invited The FAA has determined that this To prevent the circuit breaker wiring from regulation is an emergency regulation becoming pinched or damaged, causing Although this action is in the form of arcing between the wire and attaching a final rule that involves requirements that must be issued immediately to correct an unsafe condition in aircraft, bracket, which could result in smoke and/or affecting flight safety and, thus, was not fire in the pilot’s circuit breaker panel, preceded by notice and an opportunity and that it is not a ‘‘significant accomplish the following: for public comment, comments are regulatory action’’ under Executive Inspection invited on this rule. Interested persons Order 12866. It has been determined are invited to comment on this rule by further that this action involves an (a) Within 5 days after the effective date of submitting such written data, views, or emergency regulation under DOT this AD, perform a one-time general visual inspection of the pilot’s circuit breaker panel arguments as they may desire. Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is wiring for discrepancies (e.g., wire damage), Communications shall identify the in accordance with Gulfstream V Alert Rules Docket number and be submitted determined that this emergency Customer Bulletin No. 19, including Drawing in triplicate to the address specified regulation otherwise would be 1159SB59301, dated September 26, 2002, under the caption ADDRESSES. All significant under DOT Regulatory including attachment; except that it is not communications received on or before Policies and Procedures, a final necessary to complete the Service Reply the closing date for comments will be regulatory evaluation will be prepared Card. Pay special attention to wire P45–12 considered, and this rule may be and placed in the Rules Docket. A copy that runs from circuit breaker F10 to G5. amended in light of the comments of it, if filed, may be obtained from the Note 2: For the purposes of this AD, a received. Factual information that Rules Docket at the location provided general visual inspection is defined as: ‘‘A supports the commenter’s ideas and under the caption ADDRESSES. visual examination of an interior or exterior area, installation, or assembly to detect suggestions is extremely helpful in List of Subjects in 14 CFR Part 39 obvious damage, failure, or irregularity. This evaluating the effectiveness of the AD Air transportation, Aircraft, Aviation level of inspection is made from within action and determining whether touching distance unless otherwise specified. additional rulemaking action would be safety, Incorporation by reference, A mirror may be necessary to enhance visual needed. Safety. access to all exposed surfaces in the Submit comments using the following Adoption of the Amendment inspection area. This level of inspection is format: made under normally available lighting • Organize comments issue-by-issue. Accordingly, pursuant to the conditions such as daylight, hangar lighting, For example, discuss a request to authority delegated to me by the flashlight, or droplight and may require change the compliance time and a Administrator, the Federal Aviation removal or opening of access panels or doors. Administration amends part 39 of the Stands, ladders, or platforms may be required request to change the service bulletin to gain proximity to the area being checked.’’ reference as two separate issues. Federal Aviation Regulations (14 CFR • For each issue, state what specific part 39) as follows: (1) If no discrepancy is found, before further flight, reroute wire P45–12 in change to the AD is being requested. • PART 39—AIRWORTHINESS accordance with the alert customer bulletin. Include justification (e.g., reasons or (2) If any discrepancy is found, before data) for each request. DIRECTIVES further flight, reroute wire P45–12 and repair Comments are specifically invited on 1. The authority citation for part 39 discrepancies per a method approved by the the overall regulatory, economic, continues to read as follows: Manager, Atlanta Aircraft Certification Office environmental, and energy aspects of (ACO), FAA. For a repair method to be the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. approved by the Manager, Atlanta ACO, as required by this paragraph, the Manager’s modify the rule. All comments § 39.13 [Amended] submitted will be available, both before approval letter must specifically reference and after the closing date for comments, 2. Section 39.13 is amended by this AD. in the Rules Docket for examination by adding the following new airworthiness Alternative Methods of Compliance directive: interested persons. A report that (b) An alternative method of compliance or summarizes each FAA-public contact 2002–21–03 Gulfstream Aerospace adjustment of the compliance time that concerned with the substance of this AD Corporation: Amendment 39–12909. provides an acceptable level of safety may be will be filed in the Rules Docket. Docket 2002–NM–255–AD. used if approved by the Manager, Atlanta Commenters wishing the FAA to Applicability: Model G–V series airplanes; ACO. Operators shall submit their requests acknowledge receipt of their comments having serial numbers 501 through 686 through an appropriate FAA Principal submitted in response to this rule must inclusive, and 699; certificated in any Maintenance Inspector, who may add category. submit a self-addressed, stamped comments and then send it to the Manager, Atlanta ACO. postcard on which the following Note 1: This AD applies to each airplane identified in the preceding applicability statement is made: ‘‘Comments to Note 3: Information concerning the provision, regardless of whether it has been existence of approved alternative methods of Docket Number 2002–NM–255–AD.’’ modified, altered, or repaired in the area compliance with this AD, if any, may be The postcard will be date stamped and subject to the requirements of this AD. For obtained from the Atlanta ACO. returned to the commenter. airplanes that have been modified, altered, or repaired so that the performance of the Special Flight Permits Regulatory Impact requirements of this AD is affected, the (c) Special flight permits may be issued in The regulations adopted herein will owner/operator must request approval for an accordance with sections 21.197 and 21.199 not have a substantial direct effect on alternative method of compliance in of the Federal Aviation Regulations (14 CFR the States, on the relationship between accordance with paragraph (b) of this AD. 21.197 and 21.199) to operate the airplane to the national Government and the States, The request should include an assessment of a location where the requirements of this AD the effect of the modification, alteration, or can be accomplished. or on the distribution of power and repair on the unsafe condition addressed by responsibilities among the various this AD; and, if the unsafe condition has not Incorporation by Reference levels of government. Therefore, it is been eliminated, the request should include (d) Unless otherwise provided by this AD, determined that this final rule does not specific proposed actions to address it. the actions shall be done in accordance with have federalism implications under Compliance: Required as indicated, unless Gulfstream V Alert Customer Bulletin No. 19, Executive Order 13132. accomplished previously. including Drawing 1159SB59301, dated

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September 26, 2002, including attachment. airspace for IFR operations at Murphy Administration Order 7400.9K, Airspace This incorporation by reference was Medical Center, Murphy, NC. Designations and Reporting Points, approved by the Director of the Federal Designations for Class E airspace dated August 30, 2002, and effective Register in accordance with 5 U.S.C. 552(a) extending upward from 700 feet or more September 16, 2002, is amended as and 1 CFR part 51. Copies may be obtained from Gulfstream Aerospace Corporation, P.O. above the surface are published in FAA follows: Box 2206, M/S D–10, Savannah, Georgia Order 7400.9K, dated August 30, 2002, and effective September 16, 2002, which Paragraph 6005 Class E Airspace Areas 31402–9980. Copies may be inspected at the Extending Upward from 700 feet or More FAA, Transport Airplane Directorate, 1601 is incorporated by reference in 14 CFR Above the Surface of the Earth. Lind Avenue, SW., Renton, Washington; or at part 71.1. The Class E designation listed the FAA, Atlanta Aircraft Certification Office, in this document will be published * * * * * One Crown Center, 1895 Phoenix Boulevard, subsequently in the Order. ASO NC E5 Andrews-Murphy, NC Suite 450, Atlanta, Georgia; or at the Office Interested parties were invited to [Revised] of the Federal Register, 800 North Capitol participate in this rulemaking Andrews-Murphy Airport, NC Street, NW., suite 700, Washington, DC. proceeding by submitting written (Lat. 35°11′42″N, long. 83°51′50″W) Effective Date comments on the proposal to the FAA. Murphy Medical Center Point In Space Coordinates (e) This amendment becomes effective on No comments objecting to the proposal (Lat. 35°05′10″N, long. 83°57′54″W) October 21, 2002. were received. That airspace extending upward from 700 Issued in Renton, Washington, on October The Rule feet or more above the surface within a 6.5- 7, 2002. mile radius of the Andrews-Murphy Airport Ali Bahrami, This amendment to part 71 of the and that airspace within a 6.5-mile radius of Federal Aviation Regulations (14 CFR ° ′ ″ Acting Manager, Transport Airplane the point in space (Lat. 35 05 10 N, long. ° ′ ″ Directorate, Aircraft Certification Service. part 71) amends Class E5 airspace at 83 57 54 W) serving Murphy Medical Center; Andrews-Murphy, NC. excluding that airspace within the Knoxville, [FR Doc. 02–26208 Filed 10–15–02; 8:45 am] The FAA has determined that this TN, Class E airspace area. BILLING CODE 4910–13–P regulation only involves an established * * * * * body of technical regulations for which Issued in College Park, Georgia October 4, DEPARTMENT OF TRANSPORTATION frequent and routine amendments are necessary to keep them operationally 2002. Walter R. Cochran, Federal Aviation Administration current. It, therefore, (1) is not a ‘‘significant regulatory action’’ under Acting Manager, Air Traffic Division, Southern Region. 14 CFR Part 71 Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT [FR Doc. 02–26275 Filed 10–15–02; 8:45 am] [Airspace Docket No. 02–ASO–16] Regulatory Policies and Procedures (44 BILLING CODE 4910–13–M Amendment of Class E5 Airspace; FR 11034; February 26, 1979); and (3) Andrews-Murphy, NC does not warrant preparation of a Regulatory Evaluation, as the DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation anticipated impact is so minimal. Since Federal Aviation Administration Administration (FAA), DOT. this is a routine matter that will only ACTION: Final rule. affect air traffic procedures and air 14 CFR Part 71 navigation, it is certified that this rule SUMMARY: This action amends Class E5 will not have a significant economic [Airspace Docket No. 02–ASO–17] airspace at Andrews-Murphy, NC. A impact on a substantial number of small Area Navigation (RNAV) Global entities under the criteria of the Amendment to Class E5 Airspace; Positioning System (GPS) Standard Regulatory Flexibility Act. Morganton, NC Instrument Approach Procedure (SIAP), List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation helicopter point in space approach, has Administration (FAA), DOT. been developed for Murphy Medical Airspace, Incorporation by reference, ACTION: Final rule. Center, Murphy, NC. As a result, Navigation (air). controlled airspace extending upward SUMMARY: This action amends Class E5 Adoption of the Amendment from 700 feet Above Ground Level airspace at Andrews-Murphy, NC. An (AGL) is needed to contain the SIAP. In consideration of the foregoing, the Area Navigation (RNAV) Global EFFECTIVE DATE: 0901 UTC, November Federal Aviation Administration Positioning System (GPS) Standard 28, 2002. amends 14 CFR part 71 as follows: Instrument Approach Procedure (SIAP), FOR FURTHER INFORMATION CONTACT: helicopter point in space approach, has PART 71—DESIGNATION OF CLASS A, Walter R. Cochran, Manager, Airspace been developed for Grace Hospital, CLASS B, CLASS C, CLASS D AND Branch, Air Traffic Division, Federal Morganton, NC. As a result, controlled CLASS E AIRSPACE AREAS; Aviation Administration, P.O. Box airspace extending upward from 700 AIRWAYS; ROUTES; AND REPORTING 20636, Atlanta, Georgia 30320; feet Above Ground Level (AGL) is POINTS telephone (404) 305–5627. needed to contain the SIAP. SUPPLEMENTARY INFORMATION: 1. The authority citation for 14 CFR EFFECTIVE DATE: 0901 UTC, November part 71 continues to read as follows: 28, 2002. History FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 106(g), 40103, 40113, On August 20, 2002, the FAA 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Walter R. Cochran, Manager, Airspace proposed to amend part 71 of the 1963 Comp., p. 389. Branch, Air Traffic Division, Federal Federal Aviation Regulations (14 CFR Aviation Administration, P.O. Box part 71) by amending Class E5 airspace § 71.1 [Amended] 20636, Atlanta, Georgia 30320; at Andrews-Murphy, NC, (67 FR 53897). 2. The incorporation by reference in telephone (404) 305–5627. This action provides adequate Class E5 14 CFR 71.1 of Federal Aviation SUPPLEMENTARY INFORMATION:

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History Authority: 49 U.S.C. 106(g), 40103, 40113, DATES: Effective Date: November 28, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 2002. On August 20, 2002, the FAA 1963 Comp., p. 389. proposed to amend part 71 of the Comment Date: Comments must be Federal Aviation Regulations (14 CFR § 71.1 [Amended] received on or before October 31, 2002. ADDRESSES: Part 71) by amendment Class E5 2. The incorporation by reference in Send comments on the rule airspace at Morganton, NC, (67 FR 14 CFR 71.1 of Federal Aviation in triplicate to: Manager, Airspace 5398). This action provides adequate Administration Order 7400.9K, Airspace Branch, AEA–520, Docket No. 02–AEA– Class E5 airspace for IFR operations at Designations and Reporting Points, 16, FAA Eastern Region, 1 Aviation Grace Hospital, Morganton, NC. dated August 30, 2002, and effective Plaza, Jamaica, NY 11434–4890. Designations for Class E airspace September 16, 2002, is amended as The official docket may be examined extending upward from 700 feet or more follows: in the Office of the Regional Counsel, above the surface are published in FAA AEA–7, FAA Eastern Region, 1 Aviation Order 7400.9K, dated August 30, 2002, Paragraph 6005 Class E airspace areas Plaza, Jamaica, NY 11434–4809; extending upward from 700 feet or more telephone: (718) 553–3255. and effective September 16, 2002, which above the surface of the earth. is incorporated by reference in 14 CFR An informal docket may also be * * * * * part 71.1. The Class E designation listed examined during normal business hours in this document will be published ASO NC E5 Morganton, NC [Revised] at the address listed above. subsequently in the Order. Morganton-Lenoir Airport, NC FOR FURTHER INFORMATION CONTACT: Mr. Interested parties were invited to (Lat. 35°49′15″ N, long. 81°36′40″ W) Francis Jordan, Airspace Specialist, participate in this rulemaking Fiddlers NDB Airspace Branch, AEA–520, Air Traffic proceeding by submitting written (Lat. 35°42′37″ N, long. 81°40′17″ W) Division, Eastern Region, Federal comments on the proposal to the FAA. Grace Hospital Aviation Administration, 1 Aviation No comments objecting to the proposal Point in Space Coordinates Plaza, Jamaica, NY 11434–4809, (Lat. 35°43′31″ N, long. 81°39′59″ W) were received. telephone: (718) 553–4521. That airspace extending upward from 700 SUPPLEMENTARY INFORMATION: The Rule feet or more above the surface within a 9.5- Although mile radius of the Morganton-Lenoir Airport this action is a final rule, which This amendment to part 71 of the and within 2.5 miles each side of the 205° involves the amendment of the Class E Federal Aviation Regulations (14 CFR bearing from Fiddlers NDB, extending from airspace at Matawan, NJ, by removing part 71) establishes Class E5 airspace at the 9.5-mile radius to 7 miles southwest of that airspace designated for Marlboro Morganton, NC. the NDB and that airspace within a 6-mile Airport, and was not preceded by notice The FAA has determined that this radius of the point in space (lat. 35°43′31″ N, ° ′ ″ and public procedure, comments are regulation only involves an established long. 81 39 59 W) serving Grace Hospital; invited on the rule. This rule will body of technical regulations for which excluding that airspace within the Hickory, NC, Class E airspace area. become effective on the date specified frequent and routine amendments are in the DATES section. However, after the * * * * * necessary to keep them operationally review of any comments and, if the FAA current. It, therefore, (1) is not a Issued in College Park, Georgia, October 4, finds that further changes are ‘‘significant regulatory action’’ under 2002. appropriate, it will initiate rulemaking Executive Order 12866; (2) is not a Walter R. Cochran, proceedings to extend the effective date ‘‘significant rule’’ under DOT Acting Manager, Air Traffic Division, or to amend the regulation. Regulatory Policies and Procedures (44 Southern Region. Comments that provide the factual FR 11034; February 26, 1979); and (3) [FR Doc. 02–26276 Filed 10–15–02; 8:45 am] basis supporting the views and does not warrant preparation of a BILLING CODE 4910–13–M suggestions presented are particularly Regulatory Evaluation, as the helpful in evaluating the effects of the anticipated impact is so minimal. Since rule, and in determining whether this is a routine matter that will only DEPARTMENT OF TRANSPORTATION additional rulemaking is required. affect air traffic procedures and air Federal Aviation Administration Comments are specifically invited on navigation, it is certified that this rule the overall regulatory, aeronautical, will not have a significant economic 14 CFR Part 71 economic, environmental, and energy- impact on a substantial number of small related aspects of the rule which might entities under the criteria of the [Airspace Docket No. 02–AEA–16] suggest the need to modify the rule. Regulatory Flexibility Act. Amendment of Class E Airspace, The Rule List of Subjects in 14 CFR Part 71 Matawan, NJ This amendment to part 71 of the Airspace, Incorporation by reference, Federal Aviation Regulation (14 CFR Navigation (air). AGENCY: Federal Aviation Administration (FAA), DOT. part 71) removes the description of the Class E airspace at Matawan, NJ, by Adoption of the Amendment ACTION: Final rule; request for comments. removing that airspace designated for In consideration of the foregoing, the Marlboro Airport. The airport has been Federal Aviation Administration SUMMARY: This action removes the closed and abandoned for aeronautical amends 14 CFR part 71 as follows: description of the Class E airspace use. As a result the Matawan, NJ, Class PART 71—DESIGNATION OF CLASS A, designated for Matawan, NJ. Marlboro E airspace is no longer required for air CLASS B, CLASS C, CLASS D AND Airport has been closed and the safety. Class E airspace designations for CLASS E AIRSPACE AREAS; Standard Instrument Approach airspace extending upward from 700 AIRWAYS; ROUTES; AND REPORTING Procedure (SIAP) for this airport has feet or more above the surface of the POINTS been cancelled. Class E airspace for earth are published in paragraph 6005 of Marlboro Airport is no longer needed FAA Order 7400.9K, dated August 30, 1. The authority citation for 14 CFR and will be restored to less restrictive 2002, and effective September 16, 2002, part 71 continues to read as follows: Class G airspace. which is incorporated by reference in 14

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CFR 71.1. The Class E airspace Issued in Jamaica, New York on October 3, The Rule 2002. designation listed in this document will This amendment to part 71 of the be published subsequently in the Order. F.D. Hatfield, Federal Aviation Regulations (14 CFR Under the circumstances presented, Manager, Air Traffic Division, Eastern Region. part 71) establishes Class E5 airspace at the FAA concludes that the more [FR Doc. 02–26278 Filed 10–15–02; 8:45 am] Sylva, NC. restrictive Class E airspace at Matawan, BILLING CODE 4910–13–M The FAA has determined that this NJ is no longer supported and the flight regulation only involves an established rules pertinent to Class G airspace body of technical regulations for which should apply. Accordingly, since this DEPARTMENT OF TRANSPORTATION frequent and routine amendments are action merely reverts the Matawan, NJ, necessary to keep them operationally Federal Aviation Administration Class E Airspace to Class G and has no current. It, therefore, (1) is not a significant impact on aircraft operations ‘‘significant regulatory action’’ under 14 CFR Part 71 at Marlboro Airport, notice and public Executive Order 12866; (2) is not a procedure under 5 U.S.C. 553(b) are ‘‘significant rule’’ under DOT unnecessary. [Airspace Docket No. 02–ASO–15] Regulatory Policies and Procedures (44 The FAA has determined that this FR 11034; February 26, 1979); and (3) Establishment of Class E5 Airspace; regulation only involves an established does not warrant preparation of a Sylva, NC body of technical regulations for which regulatory evaluation as the anticipated frequent and routine amendments are AGENCY: impact is so minimal. Since this is a necessary to keep them operationally Federal Aviation Administration (FAA), DOT. routine matter that will only affect air current. Therefore, this regulation: (1) Is traffic procedures and air navigation, it ACTION: Final rule. not a ‘‘significant regulatory action’’ is certified that this rule will not have under Executive Order 12866; (2) is not SUMMARY: This action establishes Class a significant economic impact on a a ‘‘significant rule’’ under DOT substantial number of small entities Regulatory Policies and Procedures (44 E5 airspace at Sylva, NC. A Area Navigation (RNAV) Global Positioning under the criteria of the Regulatory FR 11034; February 26, 1979); and (3) Flexibility Act. does not warrant preparation of a System (GPS) Standard Instrument Regulatory Evaluation as the anticipated Approach Procedure (SIAP), helicopter List of Subjects in 14 CFR Part 71 impact is so minimal. Since this is a point in space approach, has been developed for Jackson County Airport, Airspace, Incorporation by reference, routine matter that will only affect air Navigation (air). traffic procedures and air navigation it NC. As a result, controlled airspace is certified that this rule will not have extending upward from 700 feet Above Adoption of the Amendment significant economic impact on a Ground Level (AGL) is needed to contain the SIAP. In consideration of the foregoing, the substantial number of small entities Federal Aviation Administration EFFECTIVE DATE: under the criteria of the Regulatory 0901 UTC, January 23, amends 14 CFR Part 71 as follows: Flexibility Act. 2003. FOR FURTHER INFORMATION CONTACT: PART 71—DESIGNATION OF CLASS A, List of Subjects in 14 CFR Part 71 Walter R. Cochran, Manager, Airspace CLASS B, CLASS C, CLASS D AND Airspace, Incorporated by reference, Branch, Air Traffic Division, Federal CLASS E AIRSPACE AREAS; Navigation (air). Aviation Administration, P.O. Box AIRWAYS; ROUTES; AND REPORTING Adoption of the Amendment 20636, Atlanta, Georgia 30320; POINTS telephone (404) 305–5586. 1. The authority citation for 14 CFR In consideration of the foregoing, the SUPPLEMENTARY INFORMATION: Federal Aviation Administration Part 71 continues to read as follows: amends 14 CFR Part 71 as follows: History Authority: 49 U.S.C. 106(g); 40103, 40113, On August 20, 2002, the FAA 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– PART 71—[Amended] 1963 Comp., p. 389; 14 CFR 11.69. proposed to amend part 71 of the 1. The authority citation for Part 71 Federal Aviation Regulations (14 CFR § 71.1 [Amended] continues to read as follows: part 71) by establishing Class E5 2. The incorporation by reference in airspace at Sylva, NC, (67 FR 53896). Authority: 49 U.S.C. 106(g), 40103, 40113, 14 CFR 71.1 of Federal Aviation 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– This action provides adequate Class E Administration Order 7400.9K, Airspace 1963 Comp., p. 389. airspace for IFR operations at Jackson Designations and Reporting Points, County Airport. Designations for Class E § 71.1 [Amended] dated August 30, 2002, and effective airspace extending upward from 700 September 16, 2002, is amended as 2. The incorporation by reference in feet or more above the surface are follows: 14 CFR 71.1 of the Federal Aviation published in FAA Order 7400.9K, dated Administration Order 7400.9K, Airspace August 30, 2002, and effective Paragraph 6005 Class E airspace area Designations and Reporting Points, September 16, 2002, which is extending upward from 700 feet or more dated August 30, 2002 and effective incorporated by reference in 14 CFR above the surface of the earth. September 16, 2002, is amended as part 71.1. The Class E designation listed * * * * * follows: in this document will be published ASO NC E5 Sylva, NC [New] subsequently in the Order. Paragraph 6005 Class E airspace areas Jackson County Airport extending from 700 feet or more above the Interested parties were invited to Point In Space Coordinates surface of the earth. participate in this rulemaking (Lat. 35°19′46″ N, long. 83°13′14″ W) * * * * * proceeding by submitting written That airspace extending upward from 700 comments on the proposal to the FAA. feet or more above the surface within a 6- AEA NY E5 Matawan, NJ [Removed] No comments objecting to the proposal mile radius of the point in space (lat. * * * * * were received. 35°19′46″ N, long. 83°13′14″ W) serving

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Jackson County Airport; excluding that proceeding by submitting written (Lat. 35°39′45″N, long. 82°02′49″W) airspace within the Knoxville, TN, Class E comments on the proposal to the FAA. That airspace extending upward from 700 airspace area. No comments objecting to the proposal feet or more above the surface within a 6- * * * * * were received. mile radius of the point in space (lat. 35°39′45″N, long. 82°02′49″W) serving Issued in College Park, Georgia, October 4, The Rule McDowell Hospital; excluding that airspace 2002. with the Rutherfordton, NC, Class E airspace Walter R. Cochran, This amendment to Part 71 of the Federal Aviation Regulations (14 CFR area. Acting Manager, Air Traffic Division Southern Region. Part 71) establishes Class E5 airspace at * * * * * Marion, NC. [FR Doc. 02–26280 Filed 10–15–02; 8:45 am] The FAA has determined that this Issued in College Park, Georgia, October 4, 2002. BILLING CODE 4910–13–M regulation only involves an established body of technical regulations for which Walter R. Cochran, frequent and routine amendments are Acting Manager, Air Traffic Division, DEPARTMENT OF TRANSPORTATION necessary to keep them operationally Southern Region. [FR Doc. 02–26281 Filed 10–15–02; 8:45 am] Federal Aviation Administration current. It, therefore, (1) is not a ‘‘significant regulatory action’’ under BILLING CODE 4910–13–M 14 CFR Part 71 Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT [Airspace Docket No. 02–ASO–13] Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION FR 11034; February 26, 1979); and (3) Establishment of Class E5 Airspace; Federal Aviation Administration does not warrant preparation of a Marion, NC regulatory evaluation as the anticipated 14 CFR Part 71 AGENCY: Federal Aviation impact is so minimal. Since this is a Administration (FAA), DOT. routine matter that will only affect air [Airspace Docket No. 02–ASO–12] ACTION: Final rule. traffic procedures and air navigation, it is certified that this rule will not have Establishment of Class E5 Airspace; Highlands, NC SUMMARY: This action establishes Class a significant economic impact on a E5 airspace at Marion, NC. A Area substantial number of small entities AGENCY: Federal Aviation Navigation (RNAV) Global Positioning under the criteria of the Regulatory Administration (FAA), DOT. System (GPS) Standard Instrument Flexibility Act. ACTION: Final rule. Approach Procedure (SIAP), helicopter List of Subjects in 14 CFR Part 71 point in space approach, has been SUMMARY: This action established Class developed for McDowell Hospital, Airspace, Incorporation by reference, E5 airspace at Highlands, NC. A Area Marion, NC. As a result, controlled Navigation (air). Navigation (RNAV) Global Positioning airspace extending upward from 700 Adoption of the Amendment System (GPS) Standard Instrument feet Above Ground Level (AGL) is Approach Procedure (SIAP), helicopter needed to contain the SIAP. In consideration of the foregoing, the point in space approach, has been EFFECTIVE DATE: 0901 UTC, January 23, Federal Aviation Administration developed for Highlands-Cashiers 2003. amends 14 CFR Part 71 as follows: Hospital, Highlands, NC. As a result, controlled airspace extending upward FOR FURTHER INFORMATION CONTACT: PART 71—DESIGNATION OF CLASS A, from 700 feet Above Ground Level Walter R. Cochran, Manager, Airspace CLASS B, CLASS C, CLASS D AND (AGL) is needed to contain the SIAP. Branch, Air Traffic Division, Federal CLASS E AIRSPACE AREAS; Aviation Administration, P.O. Box AIRWAYS; ROUTES; AND REPORTING EFFECTIVE DATE: 0901 UTC, January 23, 20636, Atlanta, Georgia 30320; POINTS 2003. telephone (404) 305–5586. FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 14 CFR SUPPLEMENTARY INFORMATION: Walter R. Cochran, Manager Airspace Part 71 continues to read as follows: Branch, Air Traffic Division, Federal History Authority: 49 U.S.C. 106(g); 40103; 40113, Aviation Administration, P.O. Box On August 16, 2002, the FAA 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 20636, Atlanta, Georgia 30320; proposed to amend part 71 of the 1963 Comp. p. 389; 14 CFR 11.69. telephone (404) 305–5586. Federal Aviation Regulations (14 CFR § 71.1 [Amended] SUPPLEMENTARY INFORMATION: part 71) by establishing Class E5 airspace at Marion, NC (67 FR 53535). 2. The incorporation by reference in History This action provides adequate Class E 14 CFR 71.1 of Federal Aviation On August 16, 2002, the FAA airspace for IFR operations at McDowell Administration Order 7400.9K, Airspace proposed to amend part 71 of the Hospital. Designations for Class E Designations and Reporting Points, Federal Aviation Regulations (14 CFR airspace extending upward from 700 dated August 30, 2002, and effective part 71) by establishing Class E5 feet or more above the surface are September 16, 2002, is amended as airspace at Highlands, NC (67 FR published in FAA Order 7400.9K, dated follows: 53536). This action provides adequate August 30, 2002, and effective Class E airspace for IFR operations at Paragraph 6005 Class E airspace areas September 16, 2002, which is extending upward from 700 feet or more Highlands-Cashiers Hospital. incorporated by reference in 14 CFR above the surface of the earth Designations for Class E airspace part 71.1. The Class E designation listed extending upward from 700 feet or more * * * * * in this document will be published above the surface are published in FAA subsequently in the Order. ASO NC E5 Marion, NC [New] Order 7400.9K, dated August 30, 2002, Interested parties were invited to McDowell Hospital and effective September 16, 2002, which participate in this rulemaking Point In Space Coordinates is incorporated by reference in 14 CFR

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part 71.1. The Class E designation listed Paragraph 6005 Class E airspace areas extending upward from 700 feet or more in this document will be published extending upward from 700 feet or more above the surface are published in FAA subsequently in the Order. above the surface of the earth Order 7400.9K, dated August 30, 2002, Interested parties were invited to * * * * * and effective September 16, 2002, which participate in this rulemaking ASO NC E5 Highlands, NC [New] is incorporated by reference in 14 CFR part 71.1. The Class E designation listed proceeding by submitting written Highlands-Cashiers Hospital comments on the proposal to the FAA. Point In Space Coordinates in this document will be published No comments objecting to the proposal (Lat. 35°03′18″ N, long. 83°12′30″ W) subsequently in the Order. Interested parties were invited to were received. That airspace extending upward from 700 feet or more above the surface within a 6- participate in this rulemaking The Rule mile radius of the point in space (lat. proceeding by submitting written 35°03′18″ N, long. 83°12′30″ W) serving comments on the proposal to the FAA. This amendment to part 71 of the Highlands-Cashiers Hospital. No comments objecting to the proposal Federal Aviation Regulations (14 CFR were received. part 71) establishes Class E5 airspace at * * * * * Highlands, NC. Issued in College Park, Georgia, on October The Rule 4, 2002. The FAA has determined that this This amendment to part 71 of the regulation only involves an established Walter R. Cochran, Federal Aviation Regulations (14 CFR body of technical regulations for which Acting Manager, Air Traffic Division, part 71) establishes Class E5 airspace at frequent and routine amendments are Southern Region. Highlands, NC. necessary to keep them operationally [FR Doc. 02–26282 Filed 10–15–02; 8:45 am] The FAA has determined that this current. It, therefore, (1) is not a BILLING CODE 4910–13–M regulation only involves an established ‘‘significant regulatory action’’ under body of technical regulations for which Executive Order 12866; (2) is not a frequent and routine amendments are ‘‘significant rule’’ under DOT DEPARTMENT OF TRANSPORTATION necessary to keep them operationally current. It, therefore, (1) is not a Regulatory Policies and Procedures (44 Federal Aviation Administration FR 11034; February 26, 1979); and (3) ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a does not warrant preparation of a 14 CFR Part 71 regulatory evaluation as the anticipated ‘‘significant rule’’ under DOT impact is so minimal. Since this is a [Airspace Docket No. 02–ASO–11] Regulatory Policies and Procedures (44 routine matter that will only affect air FR 11034; February 26, 1979); and (3) traffic procedures and air navigation, it Amendment of Class E5 Airspace; does not warrant preparation of a is certified that this rule will not have Asheville, NC regulatory evaluation as the anticipated a significant economic impact on a AGENCY: Federal Aviation impact is so minimal. Since this is a substantial number of small entities Administration (FAA), DOT. routine matter that will only affect air traffic procedures and air navigation, it under the criteria of the Regulatory ACTION: Final rule. Flexibility Act. is certified that this rule will not have SUMMARY: This action amends the Class a significant economic impact on a List of Subjects in 14 CFR Part 71 E5 airspace at Asheville, NC. A Area substantial number of small entities Airspace, Incorporation by reference, Navigation (RNAV) Global Positioning under the criteria of the Regulatory Navigation (air). System (GPS) Standard Instrument Flexibility Act. Approach Procedure (SIAP), helicopter List Subject is 14 CFR Part 71 Adoption of the Amendment point in space approach, has been developed for St. Josephs-Mission Airspace, Incorporation by reference, In consideration of the foregoing, the Hospital, Asheville, NC. As a result, Navigation (air). Federal Aviation Administration controlled airspace extending upward Adoption of the Amendment amends 14 CFR part 71 as follows: from 700 feet Above Ground Level (AGL) northeast of Asheville, NC is In consideration of the foregoing, the PART 71—DESIGNATION OF CLASS A, needed to contain the SIAP. Federal Aviation Administration CLASS B, CLASS C, CLASS D AND EFFECTIVE DATE: 0901 UTC, January 23, amends 14 CFR part 71 as follows: CLASS E AIRSPACE AREAS; 2003. AIRWAYS; ROUTES; AND REPORTING PART 71—DESIGNATION OF CLASS A, POINTS FOR FURTHER INFORMATION CONTACT: CLASS B, CLASS C, CLASS D AND Walter R. Cochran, Manager Airspace CLASS E AIRSPACE AREAS; 1. The authority citation for 14 CFR Branch, Air Traffic Division, Federal AIRWAYS; ROUTES; AND REPORTING part 71 continues to read as follows: Aviation Administration, P.O. Box POINTS 20636, Atlanta, Georgia 30320; Authority: 49 U.S.C. 106(g); 40103, 40113, telephone (404) 305–5586. 1. The authority citation for 14 CFR 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: part 71 continues to read as follows 1963 Comp., p. 389; 14 CFR 11.69. History Authority: 49 U.S.C. 106(g); 40103, 40113, § 71.1 [Amended] 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– On August 16, 2002, the FAA 1963 Comp., p 389; 14 CFR 11.69 2. The incorporation by reference in proposed to amend part 71 of the 14 CFR 71.1 of Federal Aviation Federal Aviation Regulations (14 CFR § 71.1 [Amended] Administration Order 7400.9K, Airspace part 71) by amending Class E5 airspace 2. The incorporation by reference in Designations and Reporting Points, at Asheville, NC, (67 FR 53536). This 14 CFR 71.1 of Federal Aviation dated August 30, 2002, and effective action provides adequate Class E Administration Order 7400.9K, Airspace September 16, 2002, is amended as airspace for IFR operations at Asheville, Designations and Reporting Points, follows: NC. Designations for Class E airspace dated August 30, 2002, and effective

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September 16, 2002, is amended as Federal Aviation Regulations (14 CFR § 71.1 [Amended] follows: part 71) by establishing Class E5 2. The incorporation by reference in airspace at Franklin, NC, (67 FR 53538). 14 CFR 71.1 of Federal Aviation Paragraph 6005 Class E airspace areas This action provides adequate Class E Administration Order 7400.9K, Airspace extending upward from 700 feet or more airspace for IFR operations at Angel Designations and Reporting Points, above the surface of the earth. Medical Center. Designations for Class E dated August 30, 2002, and effective * * * * * airspace extending upward from 700 September 16, 2002, is amended as ASO NC E5 Asheville, NC [Revised] feet or more above the surface are follows: Asheville Regional Airport, NC published in FAA Order 7400.9K, dated (Lat. 35°26′10″ N, long. 82°32′30″ W) August 30, 2002, and effective Paragraph 6005 Class E airspace areas St. Josephs-Mission Hospital, Asheville, NC September 16, 2002, which is extending upward from 700 feet or more Point In Space Coordinates incorporated by reference in 14 CFR above the surface of the earth. (Lat. 35°33′53″ N, long. 82°33′06″ W) part 71.1. The Class E designation listed * * * * * That airspace extending upward from 700 in this document will be published ASO NC E5 Franklin, NC feet above the surface within 6 miles each subsequently in the Order. Angel Medical Center, Franklin, NC side of Runway 16/34 centerline, extending Interested parties were invited to 17 miles north and 21 miles south of the Point In Space Coordinates participate in this rulemaking ° ′ ″ ° ′ ″ Asheville Regional Airport and that airspace (Lat. 35 10 37 N, long. 83 22 04 W) within a 6-mile radius of the point in space proceeding by submitting written That airspace extending upward from 700 (lat. 35°33′53″ N, long. 82°33′06″ W) serving comments on the proposal to the FAA. feet or more above the surface within a 6- St. Josephs-Mission Hospital. No comments objecting to the proposal mile radius of the point in space (lat. were received. 35°10′37″ N, long. 83°22′04″ W) serving * * * * * Angel Medical Center. The Rule Dated: Issued in College Park, Georgia, on October 4, 2002. This amendment to part 71 of the * * * * * Walter R. Cochran, Federal Aviation Regulations (14 CFR Issued in College Park, Georgia, on October Acting Manager, Air Traffic Division, part 71) establishes Class E5 airspace at 4, 2002. Southern Region. Franklin, NC. Walter R. Cochran, [FR Doc. 02–26283 Filed 10–15–02; 8:45 am] The FAA has determined that this Acting Manager, Air Traffic Division, BILLING CODE 4910–13–M regulation only involve an established Southern Region. body of technical regulations for which [FR Doc. 02–26284 Filed 10–15–02; 8:45 am] frequent and routine amendments are BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION necessary to keep them operationally current. It, therefore, (1) is not a Federal Aviation Administration ‘‘significant regulatory action’’ under DEPARTMENT OF TRANSPORTATION Executive Order 12866; (2) is not a 14 CFR Part 71 ‘‘significant rule’’ under DOT Federal Aviation Administration [Airspace Docket No. 02–ASO–10] Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) 14 CFR Part 71 Establishment of Class E5 Airspace; does not warrant preparation of a [Airspace Docket No. 02–ASO–9] Franklin, NC regulatory evaluation as the anticipated impact is so minimal. Since this is a Amendment of Class E5 Airspace; AGENCY: Federal Aviation routine matter that will only affect air Prestonburg, KY Administration (FAA), DOT. traffic procedures and air navigation, it ACTION: Final rule. AGENCY: Federal Aviation is certified that this rule will not have Administration (FAA), DOT. a significant economic impact on a SUMMARY: This action establishes Class ACTION: Final rule. E5 airspace at Franklin, NC. An Area substantial number of small entities Navigation (RNAV) Global Positioning under the criteria of the Regulatory SUMMARY: This action amends the Class System (GPS) Standard Instrument Flexibility Act. E5 airspace at Prestonburg, KY. A Area Approach Procedure (SIAP), helicopter List of Subjects in 14 CFR Part 71 Navigation (RNAV), Global Positioning point in space approach, has been System (GPS), Runway (RWY) 3, a developed for Angel Medical Center, Airspace, Incorporation by reference, RNAV (GPS) RWY 21, and a VHF Omni- Franklin, NC. As a result, controlled Navigation (air). directional Range (VOR)/Distance airspace extending upward from 700 Adoption of the Amendment Measuring Equipment (DME)—A feet Above Ground Level (AGL) is Standard Instrument Approach needed to contain the SIAP. In consideration of the foregoing, the Procedure (SIAP) has been developed Federal Aviation Administration EFFECTIVE DATE: 0901 UTC, January 23, for Big Sandy Regional Airport, KY. As 2002. amends 14 CFR part 71 as follows: a result, controlled airspace extending upward from 700 feet Above Ground FOR FURTHER INFORMATION CONTACT: PART 71—DESIGNATION OF CLASS A, Level (AGL) is needed to accommodate Walter R. Cochran, Manager, Airspace CLASS B, CLASS C, CLASS D AND the SIAPs. Branch, Air Traffic Division, Federal CLASS E AIRSPACE AREAS; Aviation Administration, P.O. Box AIRWAYS; ROUTES; AND REPORTING EFFECTIVE DATE: 0901 UTC, January 23, 20636, Atlanta, Georgia 30320; POINTS 2003. telephone (404) 305–5586. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: 1. The authority citation for 14 CFR Walter R. Cochran, Manager, Airspace part 71 continues to read as follows: Branch, Air Traffic Division, Federal History Authority: 49 U.S.C. 106(g); 40103, 40113, Aviation Administration, P.O. Box On August 16, 2002, the FAA 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 20636, Atlanta, Georgia 30320; proposed to amend part 71 of the 1963 Comp., p. 389; 14 CFR 11.69. telephone (404) 305–5586.

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SUPPLEMENTARY INFORMATION: PART 71—DESIGNATION OF CLASS A, at the office of the Chief Executive CLASS B, CLASS C, CLASS D AND Officer of each community. The History CLASS E AIRSPACE AREAS; respective addresses are listed in the On August 7, 2002, the FAA proposed AIRWAYS; ROUTES; AND REPORTING table below. to amend part 71 of the Federal Aviation POINTS FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, Hazards Regulations (14 CFR part 71) by 1. The authority citation for 14 CFR Study Branch, Federal Insurance and amending Class E5 airspace at part 71 continues to read as follows: Prestonburg, KY, (67 FR 51149). This Mitigation Administration, 500 C Street, Authority: 49 U.S.C. 106(g); 40103, 40113, action provides adequate Class E SW., Washington, DC 20472, (202) 646– 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 3461 or (e-mail) [email protected]. airspace for IFR operations at 1963 Comp., p. 389; 14 CFR 11.69. Prestonburg, KY. Designations for Class SUPPLEMENTARY INFORMATION: FEMA E airspace extending upward from 700 § 71.1 [Amended] makes the final determinations listed feet or more above the surface are 2. The incorporation by reference in below of the final determinations of published in FAA Order 7400.9K, dated 14 CFR 71.1 of Federal Aviation modified BFEs for each community August 30, 2002, and effective Administration Order 7400.9K, Airspace listed. These modified elevations have September 16, 2002, which is Designations and Reporting Points, been published in newspapers of local circulation and ninety (90) days have incorporated by reference in 14 CFR dated August 30, 2002, and effective elapsed since that publication. The part 71.1. The Class E designation listed September 16, 2002, is amended as follows: Administrator, Federal Insurance and in this document will be published Mitigation Administration, has resolved subsequently in the Order. Paragraph 6005 Class E airspace areas any appeals resulting from this extending upward from 700 feet or more Interested parties were invited to above the surface of the earth. notification. participate in this rulemaking The modified BFEs are not listed for * * * * * proceeding by submitting written each community in this notice. comments on the proposal to the FAA. ASO KY E5 Prestonburg, KY [Revised] However, this rule includes the address No comments objecting to the proposal Prestonburg, Big Sandy Regional Airport, KY of the Chief Executive Officer of the were received. (Lat. 37°45′04″ N, long. 82°38′12″ W, community where the modified BFE That airspace extending upward from 700 determinations are available for The Rule feet or more above the surface within a 6.5- inspection. mile radius of the Big Sandy Regional The modifications are made pursuant This amendment to part 71 of the Airport. to Section 206 of the Flood Disaster Federal Aviation Regulations (14 CFR * * * * * Protection Act of 1973, 42 U.S.C. 4105, Part 71) amends Class E5 airspace at and are in accordance with the National Prestonburg, KY. Issued in College Park, Georgia, on October 4, 2002. Flood Insurance Act of 1968, 42 U.S.C. The FAA has determined that this Walter R. Cochran, 4001 et seq., and with 44 CFR part 65. regulation only involves an established For rating purposes, the currently Acting Manager, Air Traffic Division, body of technical regulations for which Southern Region. effective community number is shown frequent and routine amendments are and must be used for all new policies [FR Doc. 02–26285 Filed 10–15–02; 8:45 am] necessary to keep them operationally and renewals. BILLING CODE 4910–13–M current. It, therefore, (1) is not a The modified BFEs are the basis for ‘‘significant regulatory action’’ under the floodplain management measures Executive Order 12866; (2) is not a that the community is required to either FEDERAL EMERGENCY adopt or to show evidence of being ‘‘significant rule’’ under DOT MANAGEMENT AGENCY Regulatory Policies and Procedures (44 already in effect in order to qualify or to remain qualified for participation in FR 11034; February 26, 1979); and (3) 44 CFR Part 65 does not warrant preparation of a the National Flood Insurance Program regulatory evaluation as the anticipated Changes in Flood Elevation (NFIP). These modified BFEs, together with impact is so minimal. Since this is a Determinations the floodplain management criteria routine matter that will only affect air AGENCY: Federal Emergency required by 44 CFR 60.3, are the traffic procedures and air navigation, it Management Agency, (FEMA). minimum that are required. They is certified that this rule will not have ACTION: Final rule. should not be construed to mean that a significant economic impact on a the community must change any substantial number of small entities SUMMARY: Modified Base (1-percent- existing ordinances that are more under the criteria of the Regulatory annual-chance) Flood Elevations (BFEs) stringent in their floodplain Flexibility Act. are finalized for the communities listed management requirements. The below. These modified elevations will List of Subjects in 14 CFR Part 71 community may at any time enact be used to calculate flood insurance stricter requirements of its own, or Airspace, Incorporation by reference, premium rates for new buildings and pursuant to policies established by other Navigation (air). their contents. Federal, State, or regional entities. EFFECTIVE DATES: The effective dates for These modified BFEs are used to meet Adoption of the Amendment these modified BFEs are indicated on the floodplain management the table below and revise the Flood requirements of the NFIP and are also In consideration of the foregoing, the Insurance Rate Maps (FIRMs) in effect used to calculate the appropriate flood Federal Aviation Administration for the listed communities prior to this insurance premium rates for new amends 14 CFR Part 71 as follows: date. buildings built after these elevations are ADDRESSES: The modified BFEs for each made final, and for the contents in these community are available for inspection buildings.

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The changes in BFEs are in NFIP. No regulatory flexibility analysis List of Subjects in 44 CFR Part 65 accordance with 44 CFR 65.4. has been prepared. Flood insurance, Floodplains, National Environmental Policy Act Regulatory Classification Reporting and record keeping requirements. This rule is categorically excluded This final rule is not a significant from the requirements of 44 CFR part regulatory action under the criteria of Accordingly, 44 CFR part 65 is 10, Environmental Consideration. No Section 3(f) of Executive Order 12866 of amended to read as follows: environmental impact assessment has September 30, 1993, Regulatory been prepared. Planning and Review, 58 FR 51735. PART 65—[AMENDED] Regulatory Flexibility Act Executive Order 12612, Federalism 1. The authority citation for part 65 This rule involves no policies that continues to read as follows: The Administrator, Federal Insurance have federalism implications under Authority: 42 U.S.C. 4001 et seq.; and Mitigation Administration, certifies Executive Order 12612, Federalism, Reorganization Plan No. 3 of 1978, 3 CFR, that this rule is exempt from the dated October 26, 1987. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, requirements of the Regulatory 3 CFR, 1979 Comp., p. 376. Flexibility Act because modified base Executive Order 12778, Civil Justice flood elevations are required by the Reform § 65.4 [Amended] Flood Disaster Protection Act of 1973, This rule meets the applicable 2. The tables published under the 42 U.S.C. 4105, and are required to standards of Section 2(b)(2) of Executive authority of § 65.4 are amended as maintain community eligibility in the Order 12778. follows:

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

Illinois: St. Clair (00– City of Belleville January 8, 2002; January The Honorable Mark A. Kern, April 16, 2002 ...... 170618 05–315P) 15, 2002; Belleville Mayor, City of Belleville, 101 (FEMA News-Democrat. South Illinois Street, Democrat Docket No. Belleville, Illinois 62220. 7610). Cook (02– Unincorporated January 17, 2002; Janu- Mr. John H. Stroger, Jr., President, December 20, 2001 .... 170054 05–0239P) Areas. ary 24, 2002; North- Cook County Board of Commis- (FEMA brook Star. sioners, 118 North Clark Street, Docket No. Room 537, Northbrook, Illinois 7610). 60602. Cook (02– Unincorporated March 20, 2002; March Mr. John H. Stroger, Jr., President, June 26, 2002 ...... 170054 05–1825P) Areas. 27, 2002; The Chicago Cook County Board of Commis- (FEMA Tribune. sioners, 118 North Clark Street, Docket No. Room 537, Chicago, Illinois 7610). 60602. Cook (02– City of North- January 17, 2002; Janu- Mr. Mark W. Damisch, President, December 20, 2001 .... 170132 05–0239P) brook. ary 24, 2002; North- Village of Northbrook, 1225 (FEMA brook Star. Cedar Lane, Northbrook, Illinois Docket No. 60062–4582. 7610). Cook (02– City of Oak For- March 20, 2002; March The Honorable Patrick Gordon, June 26, 2002 ...... 170136 05–1825P) est. 27, 2002; The Chicago Mayor, City of Oak Forest, (FEMA Tribune. 15440 South Central Avenue Docket No. Oak Forest, Illinois 60452. 7610). Cook (01– Village of Palos May 1, 2002; May 8, The Honorable Jean Moran, August 7, 2002 ...... 170144 05–3763P) Park. 2002; Daily Southtown. Mayor, Village of Palos Park, (FEMA 8999 West 123rd Street, Palos Docket No. Park, Illinois 60464. 7612). Will (01–05– Village of Plain- February 20, 2002; Feb- Mr. Richard Rock, President, Vil- May 29, 2002 ...... 170771 1864P) field. ruary 27, 2002; The En- lage of Plainfield, 530 West (FEMA terprise. Lockport Street Suite 206, Plain- Docket No. field, Illinois 60544. 7610). Indiana: Dearborn Town of Green- February 7, 2002; Feb- The Honorable Doug Hedrick, January 9, 2002 ...... 180040 (00–05– dale. ruary 14, 2002; The Mayor, Town of Greendale, 510 285P) Dearborn County Reg- Ridge Avenue, Greendale, Indi- (FEMA ister. ana 47025. Docket No. 7610). Johnson (02– City of Green- April 3, 2002; April 10, The Hon. Charles Henderson, April 22, 2002 ...... 180115 05–0605P) wood. 2002; Greenwood and Mayor, City of Greenwood, 2 (FEMA Southside Challenger. North Madison Avenue, Green- Docket No. wood, Indiana 46142. 7610).

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

Dearborn City of Lawrence- February 7, 2002; Feb- The Honorable Paul Tremain, January 9, 2002 ...... 180041 (00–05– burg. ruary 14, 2002; The Mayor, City of Lawrenceburg, 285P) Dearborn County Reg- 405 Main Street, Lawrenceburg, (FEMA ister. Indiana 47025. Docket No. 7610). Kansas: Sedgwick City of Wichita ... May 24, 2001; May 31, The Honorable Bob Knight, Mayor, August 31, 2001 ...... 200328 (00–07– 2001; Wichita Eagle. City of Wichita, 455 North Main 493P) Street, 5th Floor, Wichita, Kan- (FEMA sas 67202. Docket No. 7614). Michigan: Oakland (01– Village of Lake April 3, 2002; April 10, Ms. JoAnn Van Tassel, Manager, April 5, 2002 ...... 260588 05–214P) Orion. 2002; The Lake Orion Village of Lake Orion, 37 East (FEMA Review. Flint Street, Lake Orion, Michi- Docket No. gan 48362. 7610). Macomb (01– City of Warren ... March 22, 2002; March The Hon. Mark Steenbergh, June 28, 2002 ...... 260129 05–229P) 29, 2002; The Macomb Mayor, City of Warren, Warren (FEMA Daily. Municipal Building, 29500 Van Docket No. Dyke Avenue, Warren, Michigan 7610). 48093. Macomb (02– Township of February 8, 2002; Feb- Mr. Gary Kirsh, Supervisor, Town- December 21, 2001 .... 260447 05–0025P) Washington. ruary 15, 2002; The ship of Washington, P.O. Box (FEMA Macomb Daily. 94067, Washington, Michigan Docket No. 48094. 7610). Minnesota: Anoka (01– City of Coon February 15, 2002; Feb- The Hon. Ilona McCauley, Mayor, February 7, 2002 ...... 270011 05–2586P) Rapids. ruary 22, 2002; The City of Coon Rapids, 11155 (FEMA Herald. Robinson Drive Coon Rapids, Docket No. Minnesota 55433. 7610). Rice (02–05– City of Dundas ... January 23, 2002; Janu- The Hon. Myron Malecha, Mayor, December 18, 2001 .... 270403 0959P) ary 30, 2002; Northfield City of Dundas, 216 Railway (FEMA News. Street North Dundas, Minnesota Docket No. 55109. 7610). Missouri: Ste. Gene- City of Ste. Gen- February 20, 2002; Feb- The Hon. Kathleen Waltz, Mayor, February 8, 2002 ...... 290325 vieve (01– evieve. ruary 27, 2002; Ste. City of Ste. Genevieve, 165 07–425P) Genevieve Herald. South Fourth Street, Ste. Gene- (FEMA vieve, Missouri 63670. Docket No. 7610). Ste. Gene- Unincorporated February 20, 2002; Feb- Mr. Dennis Huck, County Commis- February 8, 2002 ...... 290833 vieve (01– Areas. ruary 27, 2002; Ste. sioner, Ste. Genevieve County, 07–425P) Genevieve Herald. 165 South Fourth Street, Ste. (FEMA Genevieve, Missouri 63670. Docket No. 7610). New Mexico: Unincorporated February 21, 2002; Feb- Mr. Tom Rutherford, Chairman, January 29, 2002 ...... 350001 Bernalillo (01– Areas. ruary 28, 2002; Albu- Bernalillo County, 2400 Broad- 06–880P) querque Journal. way, S.E., Albuquerque, New (FEMA Docket Mexico 87102. No. 7610). Ohio: Lorain (01– City of Avon ...... March 22, 2002; March The Honorable James Smith, June 28, 2002 ...... 390348 05–665P) 29, 2002; The Morning Mayor, City of Avon, 36080 (FEMA Journal. Chester Road, Avon, Ohio Docket No. 44011. 7610). Montgomery City of March 15, 2002; March The Honorable Sally D. Beals, June 21, 2002 ...... 390408 (01–05– Centerville. 22, 2002; Dayton Daily Mayor, City of Centerville, 7875 740P) News. Stonehouse Court, Centerville, (FEMA Ohio 45459. Docket No. 7610).

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

Delaware Unicorporated March 6, 2002; March 13, Mr. James Ward, President, Dela- June 12, 2002 ...... 390146 (01–05– Areas. 2002; Westerville News ware County, Board of Commis- 1490P) and Public Opinion. sioners, 101 North Sandusky (FEMA Street, Delaware, Ohio 43105. Docket No. 7610). Franklin, (01– Unincorporated March 6, 2002; March 13, Mr. Dewey R. Stokes, President, June 12, 2002 ...... 390167 05–1490P) Areas. 2002; Westerville News Franklin County Board of Com- (FEMA and Public Opinion. missioners, 373 South High Docket No. Street, 26th Floor, Columbus, 7610). Ohio 43215. Franklin (00– City of Grove April 17, 2002; April 24, The Hon. Cheryl L. Grossman, July 24, 2002 ...... 390173 05–311P) City. 2002; Grove City News. Mayor, City of Grove City, P.O. (FEMA Box 427, Grove City, Ohio Docket No. 43123. 7610). Lucas (01– Unincorporated February 19, 2002; Feb- Ms. Sandy Isenberg, President, May 28, 2002 ...... 390359 05–2963P) Areas. ruary 26, 2002; Farm- Lucas County, Board of Com- (FEMA land News. missioners, One Government Docket No. Center, Suite 800, Toledo, Ohio 7610). 43604. Franklin and City of March 6, 2002; March 13, The Hon. Stewart Flaherty, Mayor, June 12, 2002 ...... 390179 Delaware Westerville. 2002; Westerville News City of Westerville, 21 South (01–05– and Public Opinion. State Street, Westerville, Ohio 1490P) 43081. (FEMA Docket No. 7610). Delaware City of April 10, 2002; April 17, The Hon. Stewart Flaherty, Mayor, April 8, 2002 ...... 390179 and Frank- Westerville. 2002; Westerville News City of Westerville, 21 South lin (02–05– and Public Opinion. State Street, Westerville, Ohio 2128P) 43081. (FEMA Docket No. 7610). Oklahoma: Oklahoma City of Edmond .. March 22, 2002; March The Honorable Saundra Naifeh, February 28, 2002 ...... 400252 (00–06– 29, 2002; The Edmond Mayor, City of Edmond, P.O. 1829P) Sun. Box 2970, Edmond, Oklahoma (FEMA 73083. Docket No. 7610). Tulsa (01– Unincorporated March 7, 2002; March 14, The Hon. Wilbert E. Colins, Chair- June 13, 2002 ...... 400462 06–1178P) Areas. 2002; Tulsa World. man, Tulsa County, Board of (FEMA Commissioners, 500 South Den- Docket No. ver, Tulsa, Oklahoma 74103. 7610). Texas: Tarrant (01– City of Arlington April 10, 2002; April 17, The Honorable Elzie Odom, July 16, 2002 ...... 485454 06–780P) 2002; The Arlington Mayor, City of Arlington, 101 (FEMA Morning News. West Abram Street, Arlington, Docket No. Texas 76004. 7610). Travis (01– City of Austin ..... March 5, 2002; March 12, The Honorable Gus Gracia, Mayor, January 18, 2002 ...... 480624 06–674P) 2002; Austin American City of Austin, 124 West 8th (FEMA Statesman. Street, Austin, Texas 78701. Docket No. 7610). Bexar (01– Unincorporated January 17, 2002; Janu- The Hon. Cyndi T. Krier, Judge, April 25, 2002 ...... 480035 06–543P) Areas. ary 24, 2002; San Anto- Bexar County, 100 Dolorosa, (FEMA nio Express News. Suite 101, San Antonio, Texas Docket No. 78205. 7610). Bexar (01– Unincorporated February 21, 2002; Feb- The Hon. Nelson W. Wolff, Judge, May 30, 2002 ...... 480035 06–1714P). Areas. ruary 28, 2002; San An- Bexar County, 100 Dolorosa, tonio Express News. Suite 101, San Antonio, Texas 78205. Johnson (00– City of Burleson February 20, 2002; Feb- The Honorable Byron Black, May 29, 2002 ...... 485459 06–1649P) ruary 27, 2002; The Mayor, City of Burleson, 141 (FEMA Burleson Star. West Renfro, Burleson, Texas Docket No. 76028. 7610).

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

Montgomery City of Conroe ... February 19, 2002; Feb- The Honorable Carter Moore, May 28, 2002 ...... 480484 (01–06– ruary 26, 2002; The Mayor, City of Conroe, P.O. Box 225P) Courier. 3066, Conroe, Texas 77305. (FEMA Docket No. 7610). Denton (00– Town of Corinth April 3, 2002; April 10, The Hon. Shirley Spellerberg, July 10, 2002 ...... 481143 06–1241P) 2002; Lake Cities Sun Mayor, Town of Corinth, 2003 (FEMA Paper. South Corinth, Corinth, Texas Docket No. 76205. 7610). Dallas (01– City of Dallas ..... January 24, 2002; Janu- The Honorable Laura Miller, May 1, 2002 ...... 480171 06–1501P) ary 31, 2002; Dallas Mayor, City of Dallas, 1500 (FEMA Morning News. Marilla Street, City Hall, Dallas, Docket No. Texas 75201. 7610). Tarrant (02– City of Fort April 3, 2002; April 10, The Honorable Kenneth Barr, July 10, 2002 ...... 480596 06–373P) Worth. 2002; Fort Worth Star- Mayor, City of Fort Worth, 1000 (FEMA Telegram. Throckmorton Street, Fort Docket No. Worth, Texas 76102. 7610). Williamson City of Hutto ...... February 21, 2002; Feb- The Honorable Glen Pierce, May 30, 2002 ...... 481047 (01–06– ruary 28, 2002; Hutto Mayor, City of Hutto, P.O. Box 213P) Herald. 2803, Hutto, Texas 78634. (FEMA Docket No. 7610). Dallas (01– City of Irving ...... April 4, 2002; April 11, The Honorable Joe H. Putnam, March 8, 2002 ...... 480180 06–1643P) 2002; The Irving Morn- Mayor, City of Irving, 825 West (FEMA ing News. Irving Boulevard, Irving, Texas Docket No. 75060. 7610). Midland (01– City of Midland ... May 2, 2002; May 9, The Hon. Michael J. Canon, August 8, 2002 ...... 480477 06–1743P) 2002; Midland Re- Mayor, City of Midland, City Hall, (FEMA porter-Telegram. 300 North Loraine, Midland, Docket No. Texas 79701. 7610). Montgomery Unincorporated March 6, 2002; March 13, The Honorable Alan B. Sadler, June 12, 2002 ...... 480483 (01–06– Areas. 2002; The Courier. Judge, Montgomery County, 301 599P) North Thompson Street, Suite (FEMA 210, Conroe, Texas 77301. Docket No. 7610). Montgomery Unincorporated March 2, 2002; March 27, The Honorable Alan B. Sadler, February 26, 2002 ...... 480483 (01–06– Areas. 2002; The Courier. Judge, Montgomery County, 301 1170P) North Thompson Street, Suite (FEMA 210, Conroe, Texas 77301. Docket No. 7610). Montgomery Unincorporated March 21, 2002; March The Honorable Alan B. Sadler, March 1, 2002 ...... 480483 (01–06– Areas. 28, 2002; The Courier. Judge, Montgomery County, 301 1145P) North Thompson Street, Suite (FEMA 210, Conroe, Texas 77301. Docket No. 7610). Tarrant (01– City of North January 8, 2002; January The Honorable Charles Scoma, December 19, 2002 .... 480607 06–579P) Richland Hills. 15, 2002; Fort Worth Mayor, City of N. Richland Hills, (FEMA Star Telegram. P.O. Box 820609, North Rich- Docket No. land Hills, Texas 76182. 7610). Tarrant (01– City of North March 6, 2002; March 11, The Honorable Oscar Trevino, January 23, 2002 ...... 480607 06–1991) Richland Hills. 2002; Fort Worth Star Mayor, City of N. Richland Hills, (FEMA Telegram. P.O. Box 820609, North Rich- Docket No. land Hills, Texas 76182. 7610). Montgomery City of Oak March 6, 2002; March 13, The Honorable Joe Michels, June 12, 2002 ...... 481560 (01–06– Ridge North. 2002; The Courier. Mayor, City of Oak Ridge North, 599P) City Hall, 2742 Robinson Road, (FEMA Oak Ridge North, Texas 77385. Docket No. 7610).

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

Collin (00– City of Plano ...... February 20, 2002; Feb- The Honorable Pat Evans, Mayor, May 29, 2002 ...... 480140 06–1193P) ruary 27, 2002; Plano City of Plano, P.O. Box 860358, (FEMA Star Courier. Plano, Texas 75086. Docket No. 7610). Rockwall City of Rockwall March 22, 2002; March The Honorable Ken Jones, Mayor, March 1, 2002 ...... 480547 (01–06– 29, 2002; The City of Rockwall, 385 S. Goliad 355P) Rockwall/Rowlett Morn- Street, Rockwall, Texas 75087. (FEMA ing News. Docket No. 7610). Tarrant (02– Unincorporated April 3, 2002; April 10, The Honorable Tom Vandergriff, July 10, 2002 ...... 4800582 06–373P) Areas. 2002; Fort Worth Strar Judge, Tarrant County, 100 East (FEMA Telegram. Weatherford Street, Forth Worth, Docket No. Texas 76196. 7610).

(Catalog of Federal Domestic Assistance No. at the office of the Chief Executive community may at any time enact 83.100, ‘‘Flood Insurance’’) Officer of each community. The stricter requirements of its own, or Dated: September 23, 2002. respective addresses are listed in the pursuant to policies established by other Anthony S. Lowe, table below. Federal, State, or regional entities. Administrator, Federal Insurance and FOR FURTHER INFORMATION CONTACT: Mitigation Administration. The changes in BFEs are in Matthew B. Miller, P.E., Chief, Hazards accordance with 44 CFR 65.4. [FR Doc. 02–26215 Filed 10–15–02; 8:45 am] Study Branch, Federal Insurance and BILLING CODE 6718–04–P Mitigation Administration, 500 C Street, National Environmental Policy Act SW., Washington, DC 20472, (202) 646– 3461 or (e-mail) [email protected]. This rule is categorically excluded FEDERAL EMERGENCY from the requirements of 44 CFR part SUPPLEMENTARY INFORMATION: The MANAGEMENT AGENCY modified BFEs are not listed for each 10, Environmental Consideration. No environmental impact assessment has 44 CFR Part 65 community in this interim rule. However, the address of the Chief been prepared. [Docket No. FEMA–P–7616] Executive Officer of the community Regulatory Flexibility Act where the modified BFE determinations Changes in Flood Elevation are available for inspection is provided. The Administrator for Federal Determinations Any request for reconsideration must Insurance and Mitigation AGENCY: Federal Emergency be based on knowledge of changed Administration certifies that this rule is Management Agency, (FEMA). conditions or new scientific or technical exempt from the requirements of the data. ACTION: Interim rule. Regulatory Flexibility Act because The modifications are made pursuant modified BFEs are required by the Flood SUMMARY: This interim rule lists to Section 201 of the Flood Disaster Disaster Protection Act of 1973, 42 communities where modification of the Protection Act of 1973, 42 U.S.C. 4105, U.S.C. 4105, and are required to and are in accordance with the National Base (1-percent-annual-chance) Flood maintain community eligibility in the Flood Insurance Act of 1968, 42 U.S.C. Elevations (BFEs) is appropriate because NFIP. No regulatory flexibility analysis of new scientific or technical data. New 4001 et seq., and with 44 CFR Part 65. For rating purposes, the currently has been prepared. flood insurance premium rates will be effective community number is shown calculated from the modified BFEs for Regulatory Classification and must be used for all new policies new buildings and their contents. and renewals. This interim rule is not a significant DATES: These modified BFEs are The modified BFEs are the basis for regulatory action under the criteria of currently in effect on the dates listed in the floodplain management measures Section 3(f) of Executive Order 12866 of the table below and revise the Flood that the community is required to either September 30, 1993, Regulatory Insurance Rate Map(s) in effect prior to adopt or to show evidence of being Planning and Review, 58 FR 51735. this determination for the listed already in effect in order to qualify or communities. to remain qualified for participation in Executive Order 12612, Federalism From the date of the second the National Flood Insurance Program This rule involves no policies that publication of these changes in a (NFIP). newspaper of local circulation, any These modified BFEs, together with have federalism implications under person has ninety (90) days in which to the floodplain management criteria Executive Order 12612, Federalism, request through the community that the required by 44 CFR 60.3, are the dated October 26, 1987. Administrator for Federal Insurance and minimum that are required. They Executive Order 12778, Civil Justice Mitigation Administration reconsider should not be construed to mean that Reform the changes. The modified BFEs may be the community must change any changed during the 90-day period. existing ordinances that are more This rule meets the applicable ADDRESSES: The modified BFEs for each stringent in their floodplain standards of Section 2(b)(2) of Executive community are available for inspection management requirements. The Order 12778.

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List of Subjects in 44 CFR Part 65 PART 65—[AMENDED] 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Flood insurance, Floodplains, 1. The authority citation for Part 65 Reporting and record keeping § 65.4 [Amended] continues to read as follows: requirements. 2. The tables published under the Accordingly, 44 CFR Part 65 is Authority: 42 U.S.C. 4001 et seq.; authority of § 65.4 are amended as amended to read as follows: Reorganization Plan No. 3 of 1978, 3 CFR, follows:

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Arkansas: Faulkner (01–06– City of Conway ...... August 19, 2002, August The Honorable Tab November 25, 2002 .... 050078 1902P). 26, 2002, Log Cabin Townsell, Mayor, Democrat. City of Conway, 1201 Oak Street, Conway, Arkansas 72033. Washington ...... City of Fayetteville ...... August 1, 2002, August 8, The Honorable Dan July 23, 2002 ...... 050216 (02–06–1260P) 2002, Northwest Arkan- Coody, Mayor, City sas Times. of Fayetteville, 113 West Markham Street, Fayetteville, Arkansas 72701. Illinois: Cook (01–05– Village of Palos Park ... August 8, 2002, August The Honorable Jean A. November 14, 2002 .... 170144 3037P). 15, 2002, Daily Moran, Mayor, Vil- Southtown. lage of Palos Park, 8999 West 123rd Street, Palos Park, Il- linois 60464. Will (02–05– Village of Romeoville .. August 1, 2002, August 8, The Honorable Fred November 7, 2002 ...... 170711 1170P). 2002, The Herald News. Dewald, Jr., Mayor, Village of Romeoville, Village Hall, 13 Montrose Drive, Romeoville, Il- linois 60446. Kansas: Riley (02–07– City of Riley ...... August 15, 2002, August The Honorable Gerald November 21, 2002 .... 200303 667P). 22, 2002, The Riley Baer, Mayor, City of Countian. Riley, P.O. Box 333, Riley, Kansas 66531. Riley (02–07– Unincorporated Areas August 15, 2002, August Mr. Robert Newsome, November 21, 2002 .... 200298 666P). 22, 2002, The Manhat- Chairman, Riley tan Mercury. County Commis- sioner, Courthouse Plaza East, 115 North 4th Street, Manhattan, Kansas 66502. Minnesota: Olmsted (01–05– Unincorporated Areas August 1, 2002, August 8, Mr. Richard Devlin, July 18, 2002 ...... 270626 746P). 2002, Post-Bulletin. County Adminis- trator, Olmsted County, 151 4th Street SE, Roch- ester, Minnesota 55904. Olmsted (01–05– City of Rochester ...... August 1, 2002, August 8, The Honorable Chuck July 18, 2002 ...... 275246 746P). 2002, Post-Bulletin. Canfield, Mayor, City of Rochester, City Hall, Room 281, 201 4th Street SE, Roch- ester, Minnesota 55904. Missouri: St. Charles ... City of St. Peters ...... August 21, 2002, August The Honorable Tom November 27, 2002 .... 290319 (01–07–726P) 28, 2002, St. Peters Brown, Mayor, City Journal. of St. Peters, 1 St. Peters Center Boule- vard, St. Peters, Mis- souri 63376. New Mexico:

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Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Dona Ana (02–06– Unincorporated Areas August 22, 2002, August Mr. David R. King, August 8, 2002 ...... 350012 1099P). 29, 2002, Las Cruces County Manager, Sun News. Dona Ana County, County Managers Complex, 180 West Amador Avenue, Las Cruces, New Mexico 88001. Dona Ana (02–06– City of Las Cruces ...... August 22, 2002, August The Honorable Ruben August 8, 2002 ...... 355332 1099P). 29, 2002, Las Cruces A. Smith, Mayor, City Sun News. of Las Cruces, P.O. Box 2000, Las Cruces, New Mexico 88004. Ohio: Franklin and Dela- City of Dublin ...... August 21, 2002, August The Honorable Thomas November 27, 2002 .... 390673 ware (02–05– 28, 2002, Dublin News. McCash, Mayor, City 1027P). of Dublin, 5200 Em- erald Parkway, Dub- lin, Ohio 43017–1006. Franklin (02–05– Unincorporated Areas August 21, 2002, August Mr. Dewey R. Stokes, November 27, 2002 .... 390167 1027P). 28, 2002, Dublin News. President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Colum- bus, Ohio 43215. Franklin (02–05– Unincorporated Areas August 30, 2002, Sep- Mr. Dewey R. Stokes, December 6, 2002 ...... 390167 1849P). tember 6, 2002, The President, Franklin Columbus Dispatch. County Board of Commissioners, 373 South High Street, 26th Floor, Colum- bus, Ohio 43215. Greene (02–05– Unincorporated Areas August 23, 2002, August Mr. Stephen Stapleton, November 29, 2002 .... 390193 2322P). 30, 2002, Xenia Daily Greene County Ad- Gazette. ministrator, 35 Greene Street, Xenia, Ohio 45385. Lucas (02–05– Village of Holland ...... August 21, 2002, August The Honorable Michael July 25, 2002 ...... 390659 2988P). 28, 2002, The Blade. Yunker, Mayor, Vil- lage of Holland, 1245 Clarion Avenue, Hol- land, Ohio 43528. Montgomery (02– City of Kettering ...... August 30, 2002, Sep- The Honorable Marilou August 19, 2002 ...... 390412 05–1438P). tember 6, 2002, Ket- Smith, Mayor, City of tering Oakwood Times. Kettering, 3600 Shroyer Road, Ket- tering, Ohio 45429. Greene (02–05– City of Xenia ...... August 23, 2002, August The Honorable John T. November 29, 2002 .... 390197 2322P). 30, 2002, Xenia Daily Saraga, Mayor, City Gazette. of Xenia, 101 N. De- troit Street, Xenia, Ohio 45385. Texas: Bastrop (01–06– Unincorporated Areas August 29, 2002, Sep- The Honorable Ronnie December 5, 2002 ...... 481193 1169P). tember 5, 2002, Bastrop McDonald, Judge, Advertiser and County Bastrop County, 804 News. Pecan Street, Bastrop, Texas 78602. Dallas (02–06– City of Cedar Hill ...... July 25, 2002, August 1, The Honorable Robert July 12, 2002 ...... 480168 478P). 2002, DeSoto Today. L. Franke, Mayor, City of Cedar Hill, P.O. Box 96, Cedar Hill, Texas 75106. Dallas (01–06– City of Dallas ...... August 30, 2002, Sep- The Honorable Laura December 6, 2002 ...... 480171 1425P). tember 6, 2002, Dallas Miller, Mayor, City of Morning News. Dallas, 1500 Marilla Street, City Hall, Dal- las, Texas 75201.

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Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Denton (02–06– City of Denton ...... August 23, 2002, August The Honorable Euline November 29, 2002 .... 480194 355P). 30, 2002, Denton Brock, Mayor, City of Record Chronicle. Denton, 215 East McKinney Street, Denton, Texas 76201. Denton (01–06– Unincorporated Areas August 23, 2002, August The Honorable Kirk November 29, 2002 .... 480774 1875P). 30, 2002, Denton Wilson, Judge, Den- Record Chronicle. ton County, Court- house-on-the- Square, 110 West Hickory Street, Den- ton, Texas 76201. Tarrant (02–06– City of Forth Worth ...... August 23, 2002, August The Honorable Ken- November 29, 2002 .... 480596 830P). 30, 2002, Fort Worth neth Barr, Mayor, Star Telegram. City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. Tarrant (01–06– City of Grapevine ...... August 22, 2002, August The Honorable William July 29, 2002 ...... 480598 1571P). 29, 2002, The Grape- D. Tate, Mayor, City vine Sun. of Grapevine, P.O. Box 95104, Grape- vine, Texas 76099. Tarrant (02–06– City of Keller ...... August 13, 2002, August The Honorable David August 2, 2002 ...... 480602 046P). 20, 2002, The Keller Cit- Phillips, Mayor, City izen. of Keller, P.O. Box 770, Keller, Texas 76244-0770. Collin (02–06– City of Plano ...... August 21, 2002, August The Honorable Pat August 6, 2002 ...... 480140 823P). 28, 2002, Plano Star Evans, Mayor, City Courier. of Plano, P.O. Box 860358, Plano, Texas 75086–0358. Tarrant (02–06– City of Saginaw ...... August 23, 2002, August The Honorable Frankie November 29, 2002 .... 480610 830P). 30, 2002, Fort Worth Robbins, Mayor, City Star Telegram. of Saginaw, 333 West McLeroy Bou- levard, P.O. Box 79070, Saginaw, Texas 76179. Tarrant (02–06– Unincorporated Areas August 23, 2002, August The Honorable Tom November 29, 2002 .... 480582 830P). 30, 2002, Fort Worth Vandergriff, Judge, Star Telegram. Tarrant County, 100 E. Weatherford, Fort Worth, Texas 76179.

(Catalog of Federal Domestic Assistance No. SUMMARY: Base (1% annual chance) ADDRESSES: The final BFEs for each 83.100, ‘‘Flood Insurance’’) Flood Elevations (BFEs) and modified community are available for inspection at the office of the Chief Executive Dated: September 23, 2002. BFEs are made final for the communities listed below. The BFEs Officer of each community. The Anthony S. Lowe, and modified BFEs are the basis for the respective addresses are listed in the Administrator, Federal Insurance and table below. Mitigation Administration. floodplain management measures that each community is required either to [FR Doc. 02–26214 Filed 10–15–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: adopt or to show evidence of being Matthew B. Miller, P.E., Chief, Hazards BILLING CODE 6718–04–P already in effect in order to qualify or Study Branch, Federal Insurance and remain qualified for participation in the Mitigation Administration, FEMA, 500 FEDERAL EMERGENCY National Flood Insurance Program C Street SW., Washington, DC 20472, MANAGEMENT AGENCY (NFIP). (202) 646–3461, or (e-mail) [email protected]. 44 CFR Part 67 EFFECTIVE DATE: The date of issuance of the Flood Insurance Rate Map (FIRM) SUPPLEMENTARY INFORMATION: FEMA Final Flood Elevation Determinations showing BFEs and modified BFEs for makes the final determinations listed each community. This date may be below of BFEs and modified BFEs for AGENCY: Federal Emergency obtained by contacting the office where each community listed. The proposed BFEs and proposed modified BFEs were Management Agency (FEMA). the FIRM is available for inspection as published in newspapers of local ACTION: Final rule. indicated in the table below. circulation and an opportunity for the

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community or individuals to appeal the Accordingly, 44 CFR part 67 is #Depth in proposed determinations to or through amended to read as follows: feet above ground the community was provided for a *Elevation period of ninety (90) days. The PART 67—[AMENDED] Source of flooding and location in feet (NGVD) proposed BFEs and proposed modified +Elevation BFEs were also published in the Federal 1. The authority citation for part 67 in feet Register. continues to read as follows: (NAVD) This final rule is issued in accordance Authority: 42 U.S.C. 4001 et seq.; Approximately 280 feet up- with Section 110 of the Flood Disaster Reorganization Plan No. 3 of 1978, 3 CFR, stream of Oak Park Boule- Protection Act of 1973, 42 U.S.C. 4104, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, vard in (City of Pleasant 3 CFR, 1979 Comp., p. 376. Hill) ...... *73 and 44 CFR part 67. Approximately 150 feet FEMA has developed criteria for § 67.11 [Amended] downstream of Sunnyvale floodplain management in floodprone Avenue ...... *83 areas in accordance with 44 CFR part 2. The tables published under the Eccleston Avenue Tributary: 60. authority of § 67.11 are amended as At confluence with East Fork follows: Grayson Creek ...... *80 Interested lessees and owners of real Just downstream of Putnam Road ...... *87 property are encouraged to review the #Depth in proof Flood Insurance Study and FIRM feet above Maps are available for in- available at the address cited below for ground spection at the Community *Elevation each community. Development Department, Source of flooding and location in feet 1666 North Main Street, Wal- The BFEs and modified BFEs are (NGVD) +Elevation nut Creek, California. made final in the communities listed in feet ——— below. Elevations at selected locations (NAVD) Yolo County (Unincor- in each community are shown. porated Areas), (FEMA CALIFORNIA Docket No. B–7427) National Environmental Policy Act Davis (City), Yolo County, North Davis Overflow: This rule is categorically excluded (FEMA Docket No. B–7427) At Union Pacific Railroad from the requirements of 44 CFR part North Davis Overflow: Bridge (confluence with At Union Pacific Railroad Union Pacific Railroad 10, Environmental Consideration. No Drain) ...... *42 environmental impact assessment has Bridge (confluence with Union Pacific Railroad At Highway 101 A and Union been prepared. Drain) ...... *42 Pacific Railroad Bridge Approximately 950 feet up- Over North Davis Drain ..... *46 Regulatory Flexibility Act stream of confluence with Union Pacific Railroad Drain: The Administrator, Federal Insurance Union Pacific Railroad At Union Pacific Railroad Drain ...... *43 Bridge (confluence with and Mitigation Administration certifies Union Pacific Railroad Drain: North Davis Overflow) ...... *42 that this rule is exempt from the At Union Pacific Railroad Maps are available for in- requirements of the Regulatory Bridge (confluence with spection at City Hall, 292 Flexibility Act because final or modified North Davis Overflow) ...... *42 West Beamer Street, Wood- Approximately 340 feet land, California. BFEs are required by the Flood Disaster downstream of Covell Bou- Protection Act of 1973, 42 U.S.C. 4104, levard ...... *43 HAWAII and are required to establish and Maps are available for in- maintain community eligibility in the spection at City Hall, 23 Kauai County (Unincor- NFIP. No regulatory flexibility analysis Russell Boulevard, Davis, porated Areas), (FEMA has been prepared. California. Docket No. B–7424) ——— Hanalei River: Regulatory Classification Lafayette (City), Contra Approximately 1,300 feet up- Costa County, (FEMA This final rule is not a significant stream of the confluence Docket No. B–7427) with Hanalei Bay ...... *12 regulatory action under the criteria of Reliez Creek: At Kuhio Highway (State Section 3(f) of Executive Order 12866 of Approximately 60 feet up- Route 56) ...... *16 September 30, 1993, Regulatory stream of Old Tunnel Road *252 Approximately 6,000 feet up- Planning and Review, 58 FR 51735 Approximately 110 feet stream of the southern end downstream of Quandt of USFWS Pond D ...... *38 Executive Order 12612, Federalism Road ...... *352 Maps are available for in- Approximately 160 feet up- spection at the Department This rule involves no policies that stream of Pleasant Hill of Public Works, Moikeha have federalism implications under Road ...... *368 Building, 4444 Rice Street, Executive Order 12612, Federalism, Reliez Creek Overflow: Suite 175, Lihue, Hawaii. Along Circle Road form its dated October 26, 1987. confluence with Riliez IOWA Creek to approximately Executive Order 12778, Civil Justice 300 feet southeast of Or- Reform tega Avenue ...... *279 Johnston (City), Polk County, (FEMA Docket No. B–7310) This proposed rule meets the Maps are available for in- spection at Lafayette Plan- Beaver Creek: applicable standards of Section 2(b)(2) ning Office, 3675 Mt. Diablo Approximately 1,550 feet of Executive Order 12778. Street, Lafayette, California. above its confluence with ——— the Des Moines River ...... *805 List of Subjects in 44 CFR Part 67 At NW 70th Avenue ...... *824 Walnut Creek (City), Contra Maps are available for in- Administrative practice and Costa County, (FEMA spection at City Hall, 6221 procedure, Flood insurance, Reporting Docket No. B–7416) Merle Hay Road, Johnston, and recordkeeping requirements. East Fork Grayson Creek: Iowa.

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#Depth in #Depth in #Depth in feet above feet above feet above ground ground ground *Elevation *Elevation *Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) +Elevation +Elevation +Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) ——— Approximately 3,300 feet up- Approximately 1,620 feet up- Urbandale (City), Dallas and stream from confluence stream of Farm Road 167 *1,253 Polk Counties, (FEMA with Ponchatoula Creek .... *57 Ward Branch Tributary: Docket No. B–7310 and Ponchatoula Creek Tributary 2: At its confluence with Ward 7242) At confluence with Branch ...... *1,118 Ponchatoula Creek ...... *58 Approximately 260 feet up- Beaver Creek: Approximately 2,200 feet up- stream of Weaver Road Approximately 1,000 feet up- stream from confluence (Farm Road 178) ...... *1,194 stream of Merle Hay Road *811 with Ponchatoula Creek .... *60 Wilson Creek Tributary: Approximately 3,600 feet up- Maps are available for in- At its confluence with Wil- stream of Merle Hay Road *812 spection at the Office of sons Creek ...... *1,145 Walnut Creek: Building Permits, 15481 Club Approximately 300 feet up- Approximately 1,400 feet Delux Road, Hammond, Lou- stream of Highway M (Re- downstream of the 200th isiana. public Road) ...... *1,241 Street Bridge ...... *893 Wilson Creek Unnamed Tribu- Approximately 360 feet up- MISSOURI tary: stream of the 200th Street At its confluence with Wilson Bridge ...... *896 Greene County (Unincor- Creek ...... *1,182 Maps are available for in- porated Areas), (FEMA Just downstream of the San spection at the Community Docket No. B–7424) Francisco Railway ...... *1,259 Development Department of Workman Branch: Public Works, City Hall, 3600 South Creek: At its confluence with Ward 86th Street, Urbandale, Iowa. Approximately 0.53 miles Branch ...... *1,138 (2,800 feet) upstream of Just upstream of Farm Road LOUISIANA County Road 160 ...... *1,193 145 ...... *1,195 Approximately 1.16 miles Yarborough Creek: (6125 feet) upstream of Approximately 1,350 feet up- Tickfaw (Village), County Road 160 ...... *1,205 stream of confluence with Tangipahoa Parish, (FEMA Wilson Creek: Ward Branch ...... *1,204 Docket No. B–7310) Approximately 740 feet Approximately 800 feet up- Ponchatoula Creek: downstream of confluence stream of U.S. Highway Approximately 2,950 feet with North Branch Wilsons 160 ...... *1,233 downstream of Highway Creek ...... *1,198 Maps are available for in- 442 ...... *60 Approximately 0.69 miles spection at the Greene At Niccio Road ...... *65 (3650 feet) upstream of the County Resource Manage- Ponchatoula Creek Tributary 1: U.S. Highway 160 Bypass *1,206 ment Planning and Zoning Approximately 1,100 feet South Branch: Section, 833 Boonville Ave- downstream of the Illinois At confluence with South nue, Springfield, Missouri. Creek ...... *1,169 Central Gulf Railroad ...... *57 ——— Approximately 3,000 feet up- Just downstream of Farm stream of State Highway Road 141(Cox Avenue) ..... *1,238 Steelville (City), Crawford 442 ...... *63 Ward Branch: County, (FEMA Docket Ponchatoula Creek Tributary 2: Approximately 130 feet No. B–7417) Approximately 1,800 feet downstream of confluence Whittenburg Creek: downstream of Chapel with Yarbarough Creek ..... *1,176 Approximately 600 feet Road ...... *60 Approximately 350 feet up- downstream of County At Chapel Road ...... *61 stream of Holland Avenue *1,207 Road 545 ...... *726 Mount Pleasant Branch: Maps are available for in- Just downstream of Highway Just downstream of U.S. 8 ...... *732 spection at Village Hall, Highway 160 ...... *1,182 50081 Highway 51, Tickfaw, Yadkin Creek: Approximately 200 feet up- At confluence with Louisiana. stream of U.S. Highway ——— Wittenburg Creek ...... *731 160 ...... *1,185 Approximately 5,000 feet up- Tangipahoa Parish (Unincor- Farmer Branch: stream of Spring Street *785 porated Areas), (FEMA At its confluence with James Docket No. B–7262 and River ...... *1,133 Maps are available for in- 7310) Just downstream of Farm spection at City Hall, 103 Road 194 ...... *1,190 Brickey Street, Steeville, Mis- Ponchatoula Creek: Pea Ridge Creek: souri. Upstream of U.S. Highway At confluence with South Dry 51 bridge ...... *17 Sac River ...... *1,113 OREGON Upstream of New Genessee Just downstream of Farm Road ...... *57 Road 151 ...... *1,175 Salem (City), Marin County, At Old Genessee Road ...... *54 Dickerson Branch: (FEMA Docket No. B–7424) Approximately 1,100 feet At confluence with Pea Ridge Shelton Ditch: from confluence with Creek ...... *1,156 At confluence with Pringle Ponchatoula Creek Tribu- South Dry Sac River: Creek ...... *146 tary 2 ...... *60 Approximately 300 feet up- Approximately 100 feet up- Yellow Water River Canal: stream of its confluence stream of Diversion Struc- Downstream of U.S. Highway with Little Sal River ...... *1,091 ture at Mill Creek ...... *191 190 bridge ...... *38 Approximately 670 feet up- Pringle Creek: Approximately 1,600 feet up- stream of Farm Road 151 *1,138 At confluence with Willamette stream of Ward Line Road *46 South Dry Sac River Tributary: River (location shown as Ponchatoula Creek Tributary 1: Approximately 800 feet up- confluence of Shelton At confluence with stream of its confluence Ditch with Willamette River Ponchatoula Creek ...... *55 with South Dry Sac River .. *1,200 on effective Firm) ...... *143

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#Depth in #Depth in #Depth in feet above feet above feet above ground ground ground *Elevation *Elevation *Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) +Elevation +Elevation +Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) At confluence of Pringle Just downstream of eastbound Just upstream of confluence Creek and East Fork Route 67 ...... *1,888 with Hamilton Creek ...... *47.0 Pringle Creek ...... *174 Approximately 1,300 feet up- Approximately 550 feet up- Middle Fork Pringle Creek: stream of Earthen Lake stream of Moffet Hot At confluence of Pringle Dam ...... *1,987 Springs Road ...... *58.0 Creek and East Fork Stream RA–1: Maps are available for in- Pringle Creek ...... *174 At confluence with Red Ar- spection at the City of North Approximately 150 feet royo ...... *1,897 Bonneville Clerk/Treasure’s downstream of Interstate 5 *219 Just downstream of O.C. Office, P.O. Box 7, North East Fork Pringle Creek: Fisher Dam spillway ...... *1,928 Bonneville, Washington. Stream RA–2: At confluence with Pringle ——— Creek and Middle Fork At confluence with Red Ar- Pringle Creek ...... *174 royo ...... *1,898 Conconully (Town), Approximately 150 feet Just upstream of Arden Road *1,941 Okanogan County, (FEMA downstream of Interstate 5 *219 Goodfellow Draw: Docket No. B–7427) Mill Creek B: 120 feet downstream of Stock Tank Dam ...... *1,805 Conconully Reservior: At confluence with 790 feet upstream of Stock At Conconully Reservior ...... *2,286 Williamette River ...... *141 Tank Dam ...... *1,810 Maps are available for in- Just upstream of Missouri spection at the Town Office, Street ...... *199 Maps are available for in- spection at the Public 21 North Main Street, Approximately 3,000 feet up- Conconully, Washington. stream of Penitentiary Health Building, Two City Annex Road ...... *254 Hall Plaza, San Angelo, ——— Texas. Maps are available for in- Walla Walla County (Unin- spection at the City of corporated Areas), (FEMA Salem, 555 Liberty Street, WASHINGTON Docket No. B–7416) SE, Salem, Oregon. Mill Slough: Okanogan County Unincor- Just upstream of C Street ..... *1,038 porated Areas, (FEMA SOUTH DAKOTA Docket No. B–7427) Just downstream of Hart Conconully Reservior: Road ...... *1,062 Spearfish (City), Lawrence At Conconually Reservior ..... *2,286 Whetstone Gulch Overflow: County, (FEMA Docket Approximately 40 feet up- Maps are available for in- stream of Fourth Street ..... *1,040 No. B–7424) spection at City Hall, 123 West Chipmunk Gulch: Approximately 1,530 feet up- North Fifth Street, Okanogan, stream of Fourth Street ..... *1,048 At confluence with Spearfish Washington. Creek ...... *3,574 Maps are available for in- At 60 feet upstream of West ——— spection at the Walla Walla Oliver Street ...... *3,663 Prescott (City), Walla Walla County Regional Planning Maps are available for in- County, (FEMA Docket Office, 310 West Poplar spection at the Department No. B–7416) Street, Suite 001, Walla of Public Works, City Hall, Whetstone Gulch Overflow: Walla, Washington. 625 Fifth Street, Spearfish, Approximately 100 feet ——— South Dakota. downstream of A Street .... *1,036 Anacortes (City), Skagit ——— Approximately 40 feet up- County, (FEMA Docket Hill City (City), Pennington stream of Fourth Street ..... *1,040 No. B–7425) County, (FEMA Docket Mill Slough: No. B–7424) Just upstream of C Street ..... *1,038 Burrows Bay: Approximately 2,950 feet up- Along shoreline to Fidalgo Spring Creek: stream of C Street ...... *1,049 Head including Burrows At approximately 50 feet up- Mill Slough Overflow: Pass ...... *7 stream of Hill City power Just upstream of G Street .... *1,043 Guemes Channel: line located at 2,000 feet Approximately 1,140 feet up- Along shoreline from Shan- upstream of U.S. Highway stream of G Street ...... *1,051 non Point to Fidalgo Bay ... *9 385 and 16 ...... *4,937 Maps are available for in- Fidalgo Bay: Approximately 1,400 feet up- spection at City Hall, 110 D Along shoreline to Guemes stream of Popular Street Street, Prescott, Washington. Channel ...... *7 and Bishop Mountain Ave- Rosario Strait: ——— nue Intersection ...... *5,013 Along shoreline from Fidalgo Newton Fork Creek: North Bonneville (City), Head to Shannon Point ..... *9 At Museum Drive ...... *4,967 Skamania County, (FEMA Docket No. B–7266) Maps are available for in- Approximately 1,900 feet up- spection at City Hall, 904 stream of Museum Drive ... *4,981 Hamilton Creek: 6th Street, Anacortes, Wash- Maps are available for in- Just upstream of confluence ington. spection at City Hall, 324 with the Columbia River .... *36.0 Main Street, Hill City, South Approximately 100 feet up- WYOMING Dakota. stream of Evergreen Drive *47.0 Columbia River: Dubois (Town), Freemont TEXAS Approximately 1.6 miles up- County, (FEMA Docket stream of confluence with No. B–7425) Tom Green County (Unin- Hamilton Creek ...... *37.6 corporated Areas), (FEMA Approximately 2 miles up- Wind River: Docket No. B–7310) stream of confluence with Approximately 3,380 feet up- Hamilton Creek *38.9 stream of State Highway Red Arroyo: Greenleaf Creek: 26 ...... +6,882

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#Depth in #Depth in #Depth in feet above feet above feet above ground ground ground *Elevation *Elevation *Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) +Elevation +Elevation +Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) Approximately 450 feet up- ——— Approximately 2,000 feet up- stream of Soda Springs Freemont County (Unincor- stream of Clendenning Drive ...... +6,983 porated Areas), (FEMA Street ...... +6,954 Horse Creek: Docket No. B–7425) Approximately 1,950 feet up- At confluence with Wind stream of Clending Street +6,955 River ...... +6,912 Wind River: Approximately 1,950 feet up- Maps are available for in- Approximately 2,400 feet up- spection at the Planning De- stream of Clendenning stream of State Highway Street ...... +6,953 partment, 450 North 2nd 26 ...... +6,878 Street, Room 360, Lander, Maps are available for in- Approximately 2,200 feet up- Wyoming. spection at Town Hall, 712 stream of Soda Springs Meckern Street, Dubois Wyo- Drive ...... +6,993 ming. Horse Creek:

#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

COLORADO Boulder County and Incorporated Areas, (FEMA Docket No. B–7424) Bullhead Gulch: At confluence with Boulder Creek ...... 4,991 Boulder County (Uninc. Areas). Approximately 50 feet downstream of Burlington Northern Railroad ...... *5,360 Rock Creek: Approximately 3,500 feet downstream of Burlington Northern Railroad ...... *5,371 Boulder County (Uninc. Areas). Approximately 9,700 feet upstream of McCaslin Boulevard ...... *5,639 Prince Tributary East Branch: At confluence with Boulevard Gulch ...... *5,026 Boulder County (Uninc. Areas). At divergrence of East/West branches ...... *5,056 Coal Creek: Approximately 1,650 feet downstream of Denver Boulder Turnpike ...... *5,439 Boulder County (Uninc. Areas) Town of Superior and City of Louisville. Approximately 5,200 feet upstream of Community Ditch Diversion ...... *5,689 Prince Tributary West Branch: At confluence with Bullhead Gulch ...... *5,036 Boulder County (Uninc. Areas). Approximately 5,750 feet upstream of Isabelle Road ...... *5,178

ADDRESSES Boulder County (Unincorporated Areas) Maps are available for inspection at Department of Public Works, 1739 Broadway, Suite 300, P.O. Box 791, Boulder, Colorado. City of Louisville: Maps are available for inspection at the City of Louisville, 749 Main Street, Louisville, Colorado. Town of Superior: Maps are available for inspection at the Town of Superior, 124 East Coal Creek Drive, Superior, Colorado.

IDAHO Ada County and Incorporated Areas, (FEMA Docket No. B–7404) Boise River: Approximately 5,800 feet downstream of Star Road ...... +2,458 Ada County (Uninc. Areas), City of Gar- den City, City of Boise, and City of Eagle. Approximately 50 feet upstream of Eagle Road ...... +2,559 Approximately 3,150 feet upstream of South Eckert Road ...... +2,764 Loggers Creek (Side Channel): Approximately 925 feet upstream of Broadway Avenue ...... +2,703 Ada County (Uninc. Areas), City of Gar- den City, City of Boise, and City of Eagle. Approximately 4,450 feet upstream of Park Center Boulevard (at upstream con- +2,736 fluence with Boise River). Overflow Channel Boise River: At confluence with Boise River ...... +2,576 Ada County (Uninc. Areas), City of Gar- den City, City of Boise, and City of Eagle.

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

At confluence with South Channel Boise River Eagle Island ...... +2,585 South Channel Boise River: Approximately 4,675 feet downstream of Linder Road (at downstream confluence +2,510 Ada County (Uninc. Areas), City of Gar- with Boise River). den City, City of Boise, and City of Eagle. At upstream confluence with Boise River ...... +2,593

ADDRESSES Ada County (Unincorporated Areas) Maps are available for inspection at County Engineer’s Office, 650 Main Street, 2nd floor, Boise, Idaho. City of Boise: Maps are available for inspection at the Community Planning and Development Office, 150 North Capitol Boulevard, 2nd floor, Boise, Idaho. City of Eagle: Maps are available for inspection at 310 East State Street, Eagle, Idaho. City of Garden City: Maps are available for inspection at City Hall, 201 East 50th Street, Garden City, Idaho.

KANSAS Hamilton County and Incorporated Areas, (FEMA Docket No.# B–7427) Arkansas River: Approximately 11,000 feet downstream of State Highway 27 ...... *3,211 Hamilton County (Uninc. Areas). Approximately 2.6 miles upstream of State Highway 27 ...... *3,240 Syracuse Creek: Just upstream of the Atchinson, Topeka, Santa Fe Railroad and U.S. Highway 50 *3,243 Hamilton County (Uninc. Areas). Approximately 2,100 feet upstream of State Highway 27 (U.S. Highway 207) ...... *3,262 Syracuse Creek Overflow: Approximately 500 feet southeast of the Interstate of State Highway 27 and G *3,244 City of Syracuse. Avenue.

ADDRESSES Hamilton County (Unincorporated Areas) Maps are available for inspection at Hamilton County Superintendents Office, 219 North Main Street, Syracuse, Kansas. City of Syracuse: Maps are available for inspection at City Hall, 109 North Main Street, Syracuse, Kansas.

LOUISIANA West Baton Rouge Parish and Incorporated Areas, (FEMA Docket No. B–7310) Lateral 1–C: At confluence with the Gulf Intracoastal Waterway ...... *9 Parish (Uninc. Areas) and City of Port Allen. At Intersection with Interstate 10 ...... *10 At Intersection with State Highway 986 ...... *16 Oaks Avenue Canal: At the confluence with the Gulf Intracoastal Waterway ...... *10 Parish (Uninc. Areas) and City of Port Allen. Just upstream of LeBlanc Road ...... *19 Oaks Avenue Canal Tributary No. 1: At the confluence with Oaks Avenue Canal ...... *10 Parish (Uninc. Areas) and City of Port Allen. Just upstream of South Jefferson Avenue ...... *25

ADDRESSES West Baton Rouge Parish (Unincorporated Areas) Maps are available for inspection at the Parish Zoning Office, 880 North Alexander, Port Allen, Louisiana. City of Port Allen: Maps are available for inspection at City Hall, 750 N. Jefferson Avenue, Port Allen, Louisiana.

MISSOURI St. Louis County and Incorporated Areas, (FEMA Docket No. B–7310) Grand Glaize Creek: Approximately 400 feet upstream of Dougherty Ferry Road ...... 442 St. Louis County (Uninc. Areas) & City of Valley Park. Approximately 3,000 feet upstream of Dougherty Ferry Road ...... *446

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

Monsanto Sunswept Creek: Approximately 950 feet downstream of Private Bridge ...... *532 City of Creve Coeur. Just upstream of Chilton Lane ...... *561 Des Peres Creek: At confluence with Sugar Creek ...... *450 City of Des Peres. Approximately 450 feet upstream of Hospital Drive ...... *459 Sugar Creek: Approximately 1,150 feet downstream of Old Dougherty Ferry Road ...... *446 City of Des Peres. Just upstream of Interstate 270 *462 Deer Creek: Just upstream of Lindbergh Boulevard ...... *524 City of Frontenac. Approximately 3,300 feet upstream of Spoede Road ...... *542 Monsanto Sunswept Creek: Approximately 400 feet downstream of Glen Abbey Road ...... *528 City of Frontenac. Approximately 180 feet upstream of Glen Abbey Road ...... *528 Sugar Creek: Just upstream of Interstate 270 ...... *462 City of Kirkwood. Approximately 150 feet upstream of Interstate 270 ...... *462 Deer Creek: Approximately 3,300 feet upstream of Spoede Road ...... *542 Village of Westwood. Approximately 4,500 feet upstream of Spoede Road ...... *549

ADDRESSES St. Louis County (Unincorporated Areas) Maps are available for inspection at the Department of Planning, 41 South Central Avenue, Clayton, Missouri. City of Creve Coeur Maps are available for inspection at City Hall, 300 North New Ballas Road, Creve Coeur, Missouri. City of Des Peres Maps are available for inspection at City Hall, 12325 Manchester Road, Des Peres, Missouri. City of Frontenac Maps are available for inspection at City Hall, 10555 Clayton Road, Frontenac, Missouri. City of Kirkwood Maps are available for inspection at City Hall, 139 South Kirkwood Road, Kirkwood, Missouri. City of Valley Park Maps are available for inspection at City Hall, 320 Benton Street, Valley Park, Missouri. Village of Westwood Maps are available for inspection at 9 Westwood Country Club Ground Road, Westwood, Missouri.

NEVADA Washoe County and Incorporated Areas, (FEMA Docket No. B–7310) Golden Valley Wash: Approximately 2,180 feet upstream of Tholl Drive ...... *4,981 Washoe County (Uninc. Areas), and City of Sparks. Approximately 2,700 feet upstream of Spearhead Way ...... *5,176 Hidden Valley Wash: Approximately 1,800 feet upstream of its confluence with Steamboat Creek ...... *4,442 Approximately 3,420 feet upstream of Parkway Drive ...... *4,647 Sun Valley Wash: At the Sun Valley Flood Control Dentention Dam ...... *4,548 Washoe County (Uninc. Areas), and City of Sparks. At East 7th Avenue ...... *4,725 Sun Valley Wash Split Flow: At convergence with Sun Valley Wash ...... *4,647 At divergence from Sun Valley Wash ...... *4,695

ADDRESSES Washoe County (Unincorporated Areas) Maps are available for inspection at the County Engineering Department, 1001 E. 9th Street, Reno, Nevada. City of Sparks: Maps are available for inspection at the Engineering Department, 431 Prater Way, Sparks, Nevada.

OKLAHOMA Oklahoma County and Incorporated Areas, (FEMA Docket No. B–7404) Biddy Creek:

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

Approximately 3,200 feet upstream of confluence with Deer Creek ...... *1,054 Oklahoma County (Uninc. Areas), City of Edmond, City of Harrah, Town of Lake Aluma, Town of Luther, City of Midwest City, City of Oklahoma City, City of Spencer, and City of the Village. At Oklahoma-Canadian County Boundary ...... *1,103 Bloody Rush Creek: Just upstream of Portland Avenue ...... *1,014 Just upstream of Rockwell Avenue ...... *1,096 Chisholm Creek: At Oklahoma-Logan County Boundary ...... *1,016 At West Coffee Creek Road ...... *1,035 Approximately 150 feet upstream of West Coffee Creek Road ...... *1,037 At Hefner Road ...... *1,167 At Northwest Britton Road ...... *1,192 Coon Creek: Approximately 50 feet upstream of Northeast 192nd Street ...... *919 Approximately 1,550 feet upstream of Triple X Road ...... *922 Just downstream of Northeast 206th Street ...... *929 Just upstream of Northeast 206th Street ...... *932 At confluence with Coon Creek ...... *965 Just downstreasm of Waterloo Road ...... *970 Coon Creek Tributary: Approximately 70 feet upstream of Choctaw Road ...... *1,007 Crutcho Creek: Approximately 2,000 feet upstream of North Midwest Boulevard ...... *1,149 Approximately 700 feet downstream of Northeast 36th Street ...... **1,158 Crutcho Creek Tributary C: Just downstream of Sooner Road ...... *1,217 Approximately 450 feet upstream of Epperly Drive ...... *1,246 Crutcho Creek Tributary C–1: Approximately 400 feet upstream of confluence with Crutcho Creek C ...... *1,226 Just downstream of Southeast 59th Street ...... *1,233 Deep Fork: Just upstream of Northeast 192nd Street ...... *902 Approximately 1,800 feet upstream of Northeast 192nd Street ...... *903 Deep Fork Tributary 11: Approximately 1,300 feet downstream of Northeast 50th Street ...... *1,089 Just upstream of Northeast 50th Street ...... *1,104 Deer Creek: At Waterloo Road ...... *1,009 Approximately 600 feet downstream of Northwest 164th Street ...... *1,072 Dorf Creek: Approximately 4,900 feet upstream of Meridian Avenue ...... *1,040 Approximately 1,000 feet upstream of Coffee Creek Road ...... *1,095 North Canadian River: At intersection of North Sooner Road and Boundary Northeast 23rd Street ...... *1,157 North Canadian Tributary: Approximately 1,750 feet downstream of Northeast 10th Street ...... *1,090 Just downstream of Reno Avenue ...... *1,110 Approximately 150 feet upstream of Reno Avenue ...... *1,114 Approximately 200 feet downstream of Triple XXX Road ...... *1,167 North Canadian Tributary 2 or Tributary 1: Approximately 1,050 feet downstream of Reno Avenue ...... *1,104 Just upstream of Reno Road ...... *1,110 North Canadian Tributary 2 or Tributary 2: Approximately 250 feet downstream of Southeast 15th Street ...... *1,132 North Canadian Tributary 3 or Tributary 1: At confluence with North Canadian Tributary 1 ...... *1,118 Approximately 3,700 feet upstream of Peebly Road ...... *1,141 Pond Creek (previously known as Chisholm Creek Tributary 3): Approximately 4,000 feet downstream of Danforth Avenue ...... None Just downstream of Danforth Avenue ...... None Soldier Creek Tributary to Deer Creek: At confluence with Deer Creek ...... *1,056 At County Line Road ...... *1,074 Walnut Creek: At confluence with Deer Creek ...... *1,042

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

Approximately 150 feet downstream of Northwest 164th Street ...... *1,068 Just upstream of Northwest 164th Street ...... *1,072 Walnut Creek Tributary 1: Approximately 3,400 feet upstream of confluence with Walnut Creek ...... *1,049 At Northwest 164th Street ...... *1,086 Just upstream of Northwest 164th Street ...... *1,092 West Captain Creek Tributary: At Oklahoma-Lincoln County Boundary ...... *950 Approximately 2,500 feet upstream of Northeast 93rd Street ...... *1,051 West Captain Creek Tributary 2: At confluence with West Captain Creek Tributary ...... *956 Approximately 3,000 feet upstream of Northeast 93rd Street ...... *1,010 West Captain Creek Tributary 3: At confluence with West Captain Creek Tributary ...... *989 Approximately 2,000 feet upstream of Northeast 93rd Street ...... *1,021 Whistler Creek: Approximately 2,900 feet upstream of confluence with Deer Creek ...... *1,029 Approximately 2,800 feet downstream of MacArthur Boulevard ...... *1,069

ADDRESSES Oklahoma County (Unincorporated Areas) Maps are available for inspection at the Oklahoma County Engineer Office, 320 Robert A. Kerr Avenue, Suite 101, Oklahoma City, Oklahoma. City of Edmond: Maps are available for inspection at 100 East First Street, Edmond, Oklahoma. City of Harrah: Maps are available for inspection at 1900 Church Avenue, Harrah, Oklahoma. Town of Lake Aluma: Maps are available for inspection at 104 Lake Aluma Drive, Lake Aluma, Oklahoma. Town of Luther: Maps are available for inspection at 119 South Main Street, Luther, Oklahoma. City of Midwest City: Maps are available for inspection at 100 North Midwest Boulevard, Midwest City, Oklahoma. City of Oklahoma City: Maps are available for inspection at 420 West Main Street, Oklahoma City, Oklahoma. City of Spencer: Maps are available for inspection at 8200 Northeast 36th Street, Spencer, Oklahoma. City of the Village: Maps are available for inspection at 2304 Manchester Drive, The Village, Oklahoma.

TEXAS Bexar County and Incorporated Areas (FEMA Docket No. B–7414) Culbera Creek: At confluence with Leon Creek ...... *773 Bexar County (Unic. Areas) City of San Antonio. At Culebra Road ...... *849 Just downstream of Galm Road ...... *952 Culbera Creek Split No. 1: At confluence with Culbera Creek ...... *796 Bexar County (Unic. Areas). Approximately 830 feet upstream of Tezel Road ...... *808 City of San Antonio. Culbera Creek Split No. 2: At confluence with Culbera Creek Approximately 200 feet upstream of Tezel *810 Bexar County (Unic. Areas). Road. Approximately 3,620 feet upstream of Timberwilde ...... *827 Culbera Creek Split No. 3: At confluence with Culbera Creek (Approximately 1,530 feet downstream of *853 Bexar County (Unic. Areas), City of San Charles W. Anderson Loop). Antonio. At Charles W. Anderson Loop ...... *865 French Creek: Approximately 1,500 feet upstream of Clyde Dent ...... *806 Bexar County (Unic. Areas), City of San Antonio. Approximately 1,040 feet downstream of Mainline Drive ...... *832 At Charles W. Anderson Drive ...... *936 Approximately 800 feet upstream of Circle North Trail ...... *980

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

Helotes Creek (at San Antonio): At confluence with Culbera Creek ...... *853 Bexar County (Unic. Areas), City of San Antonio. At Leslie Road ...... *915 Approximately 320 feet upstream of Bandera Road ...... *997 Hueber Creek: Approximately 220 feet upstream of Ingram Road ...... *765 Bexar County (Unic. Areas), City of San Antonio & City of Leon Valley. At Huebner Road ...... *841 Approximately 320 feet upstream of DeZavale Road ...... *966 Huesta Creek: At confluence with Leon Creek ...... *915 Bexar County (Unic. Areas), City of San Antonio. Approximately 2,050 feet upstream of Charles Anderson Drive ...... *1,006 Leon Creek: At U.S. Highway 90 ...... *693 Bexar County (Unic. Areas), City of San Antonio. At U.S. 161 ...... *736 Approximately 2,450 feet downstream of Route 16 ...... *824 Approximately 1,100 feet upstream of Charles W. Anderson Drive ...... *993 Leon Creek Overflow: Approximately 1,125 feet downstream of West Prue Road ...... *888 Bexar County (Unic. Areas), City of San Antonio. At Babcock Road ...... *918 Approximately 60 feet downstream of West Hausman Road ...... *953 Maverick Creek (Babcock Tributary): At confluence of Leon Creek ...... *916 Bexar County (Unic. Areas), City of San Antonio. At Seco Creek Street ...... *1,014 Approximately 1,750 feet upstream of Babcock Road ...... *1,137 Tributary B to Culebra Creek: At confuence with Culebra Creek ...... *920 Bexar County (Unic. Areas). Approximately 50 feet downstream of Galm Road ...... *950

ADDRESSES Bexar County (Unincorporated Areas) Maps are available for inspection at the Bexar County Works Department, 233 N. Pecos, Suite 420, San Antonio, Texas. City of Leon Valley: Maps are available for inspection at the Leon Velley City Hall, 6400 El Verde Road, San Antonio, Texas. City of San Antonio: Maps are available for inspection at the Municipal Plaza, 114 W. Commerce, Seventh Floor, San Antonio, Texas.

Lubbock County and Incorporated Areas, (FEMA Docket No. B–7418) Playa System C2: Near intersection of Erskin Street and Knoxville Avenue (Playa 53) ...... 3,221 City of Lubbock. Playa System C3: At confluence with North Fork Double Mountain Fork of the Brazos River ...... *3,146 City of Lubbock. Near intersection of Clovis Road and Baylor Street (at Playa System C1) ...... *3,211 Playa System D1: At confluence with North Fork Double Mountain Fork of The Brazos River ...... *3,128 City of Lubbock. Near intersection of 25th Street and Geneva Avenue (Tech Terrace Playa) ...... *3,212 Near intersection of Kewanee Avenue and 32nd Street (Playa 40) ...... *3,261 Playa System D2: At Maxey Park (Playa 43) ...... *3,226 City of Lubbock. Near intersection of Levelland Highway and Utica Drive (Playa 45) ...... *3,242 Playa System D3: At confluence with North Fork Double Mountain Fork of The Brazos River Near *3,142 City of Lubbock. 26th Street and Globe Avenue (at Playa System D1). *3,185 Playa System E1: Just upstream of confluence with North Fork Double Mountain Fork of the Brazos *3,094 Lubbock County (Uninc. Areas), City of River. Lubbock. Near intersection of Milwaukee Avenue and County Road 6900 (Playa 39) ...... *3,269 Playa System E2: Near intersection of Elgin Avenue and Loop 289 (at Playa System E1) ...... *3,223 City of Lubbock. Northwest of intersection of 66th Street and Elgin Avenue ...... *3,224 Playa System 3E: Near Brownfield Highway and Highway 62/82 split (at Playa System E1 Upper) ... *3,276 City of Lubbock.

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

Near intersection of 59th Street and Upland Avenue (Playa 101) ...... *3,281 Playa System E4 (A, B, & C): Just upstream of Route 327 ...... *3,267 City of Lubbock. Northwest of the intersection of 82nd Street and Iola Avenue ...... *3,283 Playa System E5 & E7: Near intersection of Dowden Avenue and Brownfield Highway ...... *3,289 Lubbock County (Uninc. Areas), Town of Wolfforth. Near intersection of 82nd Street and Hartland Avenue ...... *3,307 Playa System E1 Upper & E8: Northwest of intersection of Frankford Avenue and Highway 82/62 (Playa 37) ...... *3,267 Lubbock County (Uninc. Areas), City of Lubbock. Southeast of intersection of 66th Street and Inler Avenue (Playa 138) ...... *3,302 Playa System E9: Southwest of intersection of 66th Street and Quincy Avenue (at Playa System E *3,272 City of Lubbock. 48B). Near intersection of Homestead Avenue and 82nd Avenue (Playa 32) ...... *3,289 Playa System E12 & E13 (Western Area): Southeast of intersection of 34th Street and Hartland Avenue ...... *3,317 Lubbock County (Uninc. Areas). Near intersection of Inler Avenue and 66th Street ...... *3,294 Playa System F: Near intersection of 50th Street and Avenue A (Playa 161) ...... *3,182 City of Lubbock. Near intersection of IH–27 and Highway 289 ...... *3,184 Approximately 1 mile south of Highway 289 and IH–27 ...... *3,220 Playa System G1, G2, G3, & G4: Near intersection of 98th Street and University Avenue (Playa 85) ...... *3,204 City of Lubbock. Near intersection of 73rd Street and Bangor Avenue (Playa 30) ...... *3,260 Playa System G5: Near intersection of 98th Street and Milwaukee Avenue (Playa 94) ...... *3,261 Lubbock County (Uninc. Areas), City of Lubbock. Near intersection of 98th Street and Alcove Avenue (Playa 133) ...... *3,301 Playa Lake 13 & 15: Near intersection of Slaton Road and Martin L. King Boulevard ...... *3,166 City of Lubbock. Near intersection of Slaton Road and Martin L. King Boulevard ...... *3,171 Playa Lake 89: Near intersection of 93rd Street and Memphis Avenue ...... *3,219 City of Lubbock. Ransom Canyon Lake: Near Lake Shore Drive ...... *2,957 Lubbock County (Uninc. Areas), Village of Lake Ransom Canyon, Village of Buffalo Springs. Slaton Playa System: Near intersection of Division Street and New Mexico Street (Twin Lakes Playa) ... *3,072 City of Slaton. Near intersection of Dawson Street and Fisher Street (Compress Lake Playa) ..... *3,081 Woodrow Playa System: Near intersection of University Avenue and Woodrow Road ...... *3,194 Lubbock County (Uninc. Areas). Yellowhouse Draw: At confluence with North Fork Double Mountain Fork of the Brazos River ...... *3,157 City of Lubbock. Just upstream of Atchison, Topeka and Santa Fe Railway ...... *3,173 Just upstream of University Avenue ...... *3,192 Approximately 5,500 feet upstream of Loop 289 North Service Road ...... *3,200

ADDRESSES Lubbock County (Unincorporated Areas) Maps are available for inspection at the Lubbock County Courthouse, 904 Broadway Street, Lubbock, Texas. Village of Buffalo Springs: Maps are available for inspection at City Hall, #2 Marina Point, Pony Express Drive, Buffalo Springs, Texas. Village of Lake Ransom Canyon: Maps are available for inspection at City Hall, 24 Lee Kitchens Drive, Ransom Canyon, Texas. City of Lubbock: Maps are available for inspection at City Hall, 1625 13th Street, Lubbock, Texas. City of Slaton: Maps are available for inspection at City Hall, 130 9th Street, Slaton, Texas. Town of Wolfforth: Maps are available for inspection at City Hall, 328 East Highway 64/82, Wolfforth, Texas.

Tarrant County and Incorporated Areas, (FEMA Docket No. B–7306) Stream SB–1:

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#Depth in feet above ground *Elevation in feet Source of flooding and location (NGVD) Communities affected +Elevation in feet (NAVD)

At confluence with Sulpher Branch ...... *520 Tarrant County (Uninc. Areas), City of Fort Worth, City of Arlington, City of Bedford, City of Benbrook, City of Eu- less, City of Halton City, City of Hurst, City of River Oaks, and Village of Westworth Village. At Parkwood Drive ...... *603 Sulpher Branch: At confluence with Walker Branch ...... *480 Approximately 1,500 feet upstream of Spring Lake Drive ...... *606 Clear Fork Trinity River: At its confluence with the West Fork Trinity River ...... *536 Just downstream from the Benbrook Lake Dam ...... *631 West Fork Trinity River: Approximately 16,000 feet downstream from the Union Pacific Railroad ...... *455 Approximately 11,000 feet downstream from the Lake Worth Dam ...... *569 At the Lake Worth Dam ...... *600

ADDRESSES Tarrant County (Unincorporated Areas) Maps are available for inspection at the Engineering Department, 100 East Weatherford, Fort Worth, Texas. City of Arlington: Maps are available for inspection at City Hall, 101 West Abram, Arlington, Texas. City of Bedford: Maps are available for inspection at the Service Center, 1813 Reliance Parkway, Bedford, Texas. City of Benbrook: Maps are available for inspection at City Hall, 911 Winscott Road, Benbrook, Texas. City of Euless: Maps are available for inspection at the Engineering Department, City Hall, Building C, 201 North Ector Drive, Euless, Texas. City of Fort Worth: Maps are available for inspection at the Engineering Department, 1000 Throckmorton, Fort Worth, Texas. City of Halton City: Maps are available for inspection at City Hall, 5024 Broadway Avenue, Haltom City, Texas. City of Hurst: Maps are available for inspection at the Hurst Municipal Complex, 1505 Precinct Line Road, Hurst, Texas. City of River Oaks: Maps are available for inspection at River Oaks City Hall, 4900 River Oaks Boulevard, Fort Worth, Texas. Village of Westworth Village: Maps are available for inspection at Westworth Village Hall, 311 Burton Hill Road, Forth Worth, Texas.

UTAH Salt Lake County and Incorporated Areas (FEMA Docket No. B–7420) Willow Creek (West): Just upstream of 11400 South Street ...... *4,362 City of Draper. Approximately 100 feet upstream of 1300 South Street ...... *4,409 Approximately 1,250 feet upstream of 150 East Road ...... *4,322 Midas Creek: At confluence with Jordan River ...... *4,322 Salt Lake County (Uninc. Areas), Approximately 250 feet upstream of 3600 West Street ...... *4,603 City of Riverton, City of South Jordon.

ADDRESSES Salt Lake County (Unincorporated Areas) Maps are available for inspection at Salt Lake County Recorders Office, 2001 South State Street, Suite N–1600, Salt Lake City, Utah. City of Draper: Maps are available for inspection at City Hall, Engineering Department, 900 East 12441 South Street, Draper, Utah. City of Riverton: Maps are available for inspection at City Hall, 949 East 12400 South Street, Riverton, Utah. City of South Jordan: Maps are available for inspection at City Hall, 11175 South Redwood Road, South Jordan, Utah.

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(Catalog of Federal Domestic Assistance No. Study Branch, Federal Insurance and Regulatory Flexibility Act because final 83.100, ‘‘Flood Insurance’’) Mitigation Administration, 500 C Street, or modified base flood elevations are Dated: September 30, 2002. SW., Washington, DC 20472, (202) 646– required by the Flood Disaster Anthony S. Lowe, 3461 or (e-mail) [email protected]. Protection Act of 1973, 42 U.S.C. 4104, Administrator, Federal Insurance and SUPPLEMENTARY INFORMATION: FEMA and are required to establish and Mitigation Administration. makes final determinations listed below maintain community eligibility in the [FR Doc. 02–26219 Filed 10–15–02; 8:45 am] of BFEs and modified BFEs for each NFIP. No regulatory flexibility analysis BILLING CODE 6718–04–P community listed. The proposed BFEs has been prepared. and proposed modified BFEse were Regulatory Classification published in newspapers of local FEDERAL EMERGENCY circulation and an opportunity for the This final rule is not a significant MANAGEMENT AGENCY community or individuals to appeal the regulatory action under the criteria of proposed determinations to or through Section 3(f) of Executive Order 12866 of 44 CFR Part 67 the community was provided for a September 30, 1993, Regulatory period of ninety (90) days. The Planning and Review, 58 FR 51735. Final Flood Elevation Determinations proposed BFEs and proposed modified Executive Order 12612, Federalism AGENCY: BFEs were also published in the Federal Federal Emergency This rule involves no policies that Management Agency (FEMA). Register. This final rule is issued in accordance have federalism implications under ACTION: Final rule. with Section 110 of the Flood Disaster Executive Order 12612, Federalism, dated October 26, 1987. SUMMARY: Base (1-percent-annual- Protection Act of 1973, 42 U.S.C. 4104, chance) Flood Elevations and modified and 44 CFR part 67. Executive Order 12778, Civil Justice Base Flood Elevations (BFEs) are made FEMA has developed criteria for Reform floodplain management in floodprone final for the communities listed below. This rule meets the applicable The BFEs and modified BFEs are the areas in accordance with 44 CFR part 60. standards of Section 2(b)(2) of Executive basis for the floodplain management Order 12778. measures that each community is Interested lessees and owners of real required either to adopt or to show property are encouraged to review the List of Subjects in 44 CFR Part 67 proof Flood Insurance Study and FIRM evidence of being already in effect in Administrative practice and available at the address cited below for order to qualify or remain qualified for procedure, Flood insurance, Reporting each community. participation in the National Flood and record keeping requirements. Insurance Program (NFIP). The BFEs and modified BFEs are Accordingly, 44 CFR part 67 is EFFECTIVE DATE: The date of issuance of made final in the communities listed the Flood Insurance Rate Map (FIRM) below. Elevations at selected locations amended to read as follows: in each community are shown. showing BFEs and modified BFEs for PART 67—[AMENDED] each community. This date may be National Environmental Policy Act obtained by contacting the office where 1. The authority citation for part 67 This rule is categorically excluded the FIRM is available for inspection as continues to read as follows: from the requirements of 44 CFR part indicated in the table below. 10, Environmental Consideration. No Authority: 42 U.S.C. 4001 et seq.; ADDRESSES: The final base flood environmental impact assessment has Reorganization Plan No. 3 of 1978, 3 CFR, elevations for each community are been prepared. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, available for inspection at the office of 3 CFR, 1979 Comp., p. 376. the Chief Executive Officer of each Regulatory Flexibility Act community. The respective addresses The Administrator of the Federal § 67.11 [Amended] are listed in the table below. Insurance and Mitigation 2. The tables published under the FOR FURTHER INFORMATION CONTACT: Administration certifies that this rule is authority of ‘‘ § 67.11 are amended as Matthew B. Miller, P.E., Chief, Hazards exempt from the requirements of the follows:

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

Missouri ...... Dunklin County (Unin- Shallow flooding ...... Area north of State Route 84 and south *259 corporated Areas) of railroad. (FEMA Docket No. 7609. Maps are available for inspection at the Courthouse, Courthouse Square, Kennett, Missouri.

Missour ...... Pemiscot County (Unin- Shallow flooding ...... Area along Route A about 2,000 feet *259 corporated Areas) north of State Route 84. (FEMA Docket No. 7609). Area south of City of Bragg City, west of *259 Main Street. Area south of City of Bragg City, east of *259 Main Street. Maps are available for inspection at the Courthouse, 610 Ward Avenue, Caruthersville, Missouri.

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

Texas ...... Galveston County (Un- Gulf of Mexico ...... North of FM 3005, from approximately *17 incorporated Areas) 1,000 feet west of its intersection with (FEMA Docket No. Pirates Beach Circle to approximately 7609). 300 feet east of 12 mile Road. At the shoreline, near the Southern ter- *20 minus of San Domingo Drive, about 100 feet west of the City of Galveston corporate limit, to the corporate limit. Maps are available for inspection at the 123 Rosenberg Street, Suite 4157, Galveston, Texas.

Texas ...... Galveston (City), Gal- Gulf of Mexico ...... At the northern terminus of 9 Mile Road .. *18 veston County (FEMA Docket No. 7609). Along the shoreline extending from ap- *20 proximately 1,500 feet east of the southern terminus of 11 Mile Road to Pabst Road. Maps ar available for inspection at City Hall, 823 Rosenberg Street, Galveston, Texas.

Texas ...... Jamaica Beach (Vil- Gulf of Mexico ...... From the canal northwest of Bahama *14 lage), Galveston Way to West Bay. County (FEMA Dock- et No. 7609). Along the shoreline extending from the *20 western corporate limit to the southern terminus of Buccaneer Drive. Maps are available for inspection at 16628 San Luis Pass Road, Jamaica Beach, Texas.

(Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: Joi Commission should have interpreted No. 83.100, ‘‘Flood Insurance.’’) Roberson Nolen, Wireline Competition the phrase ‘‘deemed lawful’’ as creating Dated: Septermber 30, 2002. Bureau, 202–418–1537. a rebuttable presumption, i.e., a tariff Anthony S. Lowe, SUPPLEMENTARY INFORMATION: In this filed on a streamlined basis that Administrator, Federal Insurance and document, the Commission denies the becomes effective without suspension Mitigation Administration. petitions for reconsideration filed by and investigation is presumed lawful, [FR Doc. 02–26218 Filed 10–15–02; 8:45 am] AT&T Corporation (AT&T), MCI but that presumption may be rebutted. In support of their position, AT&T and BILLING CODE 6718–04–P Telecommunications Corporation (MCI), and Southwestern Bell Telephone MCI argue that the ‘‘deemed lawful’’ Company (SWBT) (hereinafter ‘‘the language in section 204(a)(3) is petitioners’’) regarding the ambiguous. Subsequent to the filing of FEDERAL COMMUNICATIONS Commission’s 1997 Streamlined Tariff the petitions for reconsideration, the COMMISSION Report and Order, 12 FCC Rcd 2170 United States Court of Appeals for the (1997), 62 FR 5757–03, February 7, District of Columbia Circuit considered 47 CFR Parts 1, 61, and 69 1997. The Commission also denies the the meaning of ‘‘deemed lawful’’ in requests for clarification filed by AT&T section 204(a)(3) in the context of a [CC Docket No. 96–187; FCC 02–242] and MCI. The Streamlined Tariff Report section 208 complaint case. ACS of and Order implemented amendments to Anchorage, Inc. v. FCC, 290 F. 3d 406, Implementation of Section 402(b)(1)(A) section 204(a) of the Communications 412 (D.C. Cir. 2002). The court focused of the Telecommunications Act of 1996 Act (Act) made by the on whether there was a distinction to be Telecommunications Act of 1996 (1996 made between rates and rates of return AGENCY: Federal Communications Act). Specifically, the 1996 Act allowed for determining whether the deemed Commission. local exchange carriers (LECs) to file lawful standard was applicable to the ACTION: Final rule. new or revised charges, classifications, case. In this context, however, the court regulations or practices with the specifically considered the SUMMARY: In this document the Commission on a streamlined basis. See Commission’s statements in the Commission declined to revise its 47 U.S.C. 204(a)(3). In particular, the Streamlined Tariff Report and Order streamlined tariff procedures in the Streamlined Tariff Report and Order that the term ‘‘deemed lawful’’ was manner requested by the AT&T implemented the ‘‘deemed lawful’’ tariff ‘‘unambiguous’’ in the ‘‘consistent’’ Corporation, MCI Telecommunications provisions that the 1996 Act added to interpretation of the courts. Id. That Corporation, and Southwestern Bell section 204(a)(3) of the Act. AT&T and consideration led the court to say, Telephone Company. The intended MCI sought reconsideration of the ‘‘[t]his being so [that case law effect of this document is to maintain Commission’s conclusion that ‘‘deemed consistently found deemed lawful to be the existing Commission rules regarding lawful’’ status confers a conclusive unambiguous], we find section 204(a)(3) the filing of tariffs on a streamlined presumption of lawfulness. In their equally unambiguous in banning basis. petitions, AT&T and MCI assert that the refunds purportedly for rate-of-return

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violations.’’ Id. Given the court’s FEDERAL COMMUNICATIONS Synopsis of the Order conclusion, the Commission cannot COMMISSION adopt the reading urged by AT&T and 1. The Order grants a Request for Stay MCI. The Commission thus denies the 47 CFR Part 20 of 47 CFR 20.28(l)(1)(i) and (l)(2)(i) as petitions filed by AT&T and MCI with adopted in the Report and Order respect to this issue. [CC Docket No. 94–102; DA 02–2423] published at 67 FR 36112, May 23, 2002. These rules impose requirements The Commission also, however, Enhanced 911 Emergency Calling; Use for programming both donated non- denies SWBT’s petition with respect to of Non-Initialized Wireless Phones service-initialized phones and newly the issue of the Commission’s manufactured ‘‘911-only’’ wireless interpretation of ‘‘deemed lawful.’’ In its AGENCY: Federal Communications handsets with the code 123–456–7890 petition, SWBT asserts that ‘‘deemed Commission. as the telephone number/mobile lawful’’ creates a safe harbor in which ACTION: Final rule; stay of effective date. identification number. The purpose of LECs can operate without fear of an the rules is to address the lack of call- SUMMARY: This document responds to a attack on their rates or other provisions back capability when 911 calls are petition for reconsideration of a once the tariffs become effective. The dialed from these wireless devices. court’s holding was limited to the previous decision in this proceeding, by 2. A Request for Stay of the rules was question of refund liability for rates that granting a request for stay of two of the filed by the Emergency Services were ‘‘deemed lawful’; it in fact Commission’s rules imposing requirements for programming donated Interconnection Forum (ESIF), which is acknowledged that the Commission non-service-initialized phones and a sponsored committee of the Alliance might order prospective relief ‘‘[i]f a newly manufactured ‘‘911-only’’ for Telecommunications Industry later reexamination shows them to be wireless handsets with a code number Solutions and is comprised of unreasonable.’’ See ACS of Anchorage, as the telephone number/mobile Commercial Mobile Radio Service Inc. v. FCC, 290 F. 3d at 411. Therefore, identification number. Such phones carriers, wireless handset vendors, and a rate that is deemed lawful within the currently lack such an identifying public safety representatives. A Public meaning of section 204(a)(3) may be the number and therefore do not have ‘‘call- Notice soliciting comment on this subject of a complaint alleging that the back’’ capability. This inability to reach Request for Stay was published at 67 FR rate has become unjust and a caller, when such phones are used in 46909, July 17, 2002. unreasonable, and the Commission by emergency situations, can lead to 3. In examining ESIF’s Request for order may prescribe a new rate to be critical delays in response time. The Stay, the Order finds that a stay is effective prospectively, even if the action is taken because the importance warranted in this case based on the Commission can not require a carrier to of the call-back issue to public safety likelihood of success on the merits of a make refunds. The Commission also and the merits of the arguments raised Petition for Reconsideration of the denies reconsideration and clarification in the petition for reconsideration Report and Order (Reconsideration of a number of other issues related to warrant further investigation before any Petition), also filed by ESIF, and the streamlined tariff filings. rules are implemented. lack of injury to third parties if the Stay Accordingly, it is ordered, pursuant to DATES: Sections 20.18(l)(1)(i) and Request is granted. Issuance of a stay sections 1, 2, 4(i), 4(j), 201–205, and 405 (l)(2)(i), added at 67 FR 36112, May 23, will allow further consideration of a of the Act of 1934, as amended, 47 2002, are stayed indefinitely effective solution, raised by ESIF in its U.S.C. 151, 152, 154(i), 154(j), 201–205, October 1, 2002. The Commission will Reconsideration Petition, for 911 calls publish a document in the Federal and 405, that the petitions for from donated non-initialized wireless Register when a final decision regarding reconsideration filed by AT&T Corp., phones and 911-only wireless handsets these rule sections is reached. MCI Communications Corp., and that the Commission has not previously Southwestern Bell Telephone Company FOR FURTHER INFORMATION CONTACT: reviewed in this proceeding and that are hereby denied. David Siehl, Attorney,202–418–1310. possesses certain potential advantages SUPPLEMENTARY INFORMATION: This is a over the approach adopted in the Report List of Subjects summary of the Order in CC Docket No. and Order. 47 CFR Part 1 94–102; DA 02–2423, adopted and released on September 30, 2002. The Ordering Clause Administrative Practices and complete text of this Order is available 4. It is therefore ordered, pursuant to Procedures, Communications common for inspection and copying during Sections 4(i), 11, 303(g), and 303(r) of normal business hours in the FCC carriers, Telecommunications. the Communications Act of 1934, as Reference Information Center, Courtyard amended, 47 U.S.C. 154(i), 161, 303(g), 47 CFR Part 61 Level, 445 12th Street, SW., and 303(r) that 1 the Request for Stay Washington, DC, and also may be Access Charges, Communications filed by Emergency Services common carriers, Telephone. purchased from the Commission’s copy contractor, Qualex International, Portals Interconnection Forum on June 12, 47 CFR Part 69 II, 445 12th Street, SW., Room CY–B402, 2002, is granted and will remain in Washington, DC 20554, telephone 202– effect until the Commission resolves the Communications common carriers, 863–2893, facsimile 202–863–2898, or Petition for Reconsideration. The Telephone. via e-mail at [email protected]. Commission will then publish a document in the Federal Register Federal Communications Commission. Alternative formats (computer diskette, regarding these rules. Marlene H. Dortch, large print, audio cassettes, and Braille) are available to persons with disabilities Secretary. List of Subjects in 47 CFR Part 20 by contacting Brian Millin at 202–418– [FR Doc. 02–26238 Filed 10–15–02; 8:45 am] 7426, TTY 202–418–7365, or at Communications common carrier, BILLING CODE 6712–01–P [email protected]. Communications equipment, Radio.

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Federal Communications Commission. PART 73—[AMENDED] copying during regular business hours Marlene H. Dortch, in the FCC Reference Information 1. The authority citation for part 73 Secretary. Center, Portals II, 445 12th Street, SW., continues to read as follows: [FR Doc. 02–26237 Filed 10–10–02; 11:25 Room CY–A257, Washington, DC. This am] Authority: 47 U.S.C. 154, 303, 334 and 336. document may also be purchased from the Commission’s duplicating BILLING CODE 6712–01–P § 73.622 [Amended] contractor, Qualex International, Portals 2. Section 73.622(b), the Table of II, 445 12th Street, SW, CY–B402, FEDERAL COMMUNICATIONS Digital Television Allotments under Washington, DC, 20554, telephone 202– COMMISSION West Virginia, is amended by removing 863–2893, facsimile 202–863–2898, or DTV channel 48 and adding DTV via e-mail [email protected]. 47 CFR Part 73 channel 8 at Lewisburg. List of Subjects in 47 CFR Part 73 Federal Communications Commission. [DA 02–2517, MB Docket No. 02–178, RM– Barbara A. Kreisman, Digital television broadcasting, 10456] Chief, Video Division, Media Bureau. Television. [FR Doc. 02–26269 Filed 10–15–02; 8:45 am] Part 73 of Title 47 of the Code of Digital Television Broadcast Service; Federal Regulations is amended as BILLING CODE 6712–01–P Lewisburg, WV follows:

AGENCY: Federal Communications PART 73—[AMENDED] Commission. FEDERAL COMMUNICATIONS COMMISSION 1. The authority citation for Part 73 ACTION: Final rule. continues to read as follows: 47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 334 and 336. SUMMARY: The Commission, at the [DA 02–2505, MM Docket No. 01–244, RM– request of High Mountain Broadcasting 10234, and MM Docket No. 01–245, RM– § 73.622 [Amended] Corporation, substitutes DTV channel 8 10235] 2. Section 73.622(b), the Table of for DTV channel 48 at Lewisburg, West Digital Television Allotments under Virginia. See 67 FR 46148, July 12, Digital Television Broadcast Service; Texas, is amended by removing DTV 2002. DTV channel 8 can be allotted to Tyler and Lufkin, TX channel 43 and adding DTV channel 11 Lewisburg in compliance with the at Lufkin. principle community coverage AGENCY: Federal Communications 3. Section 73.622(b), the Table of requirements of section 73.625(a) at Commission. Digital Television Allotments under coordinates 37–46–22 N. and 80–42–25 ACTION: Final rule. Texas, is amended by removing DTV W. with a power of 3.8, HAAT of 568 SUMMARY: The Commission, at the channel 38 and adding DTV channel 10 meters and with a DTV service request of Civic License Holding at Tyler. population of 401 thousand. With this Company, Inc., substitutes DTV channel action, this proceeding is terminated. Federal Communications Commission. 10 for DTV channel 38 at Tyler, Texas; Barbara A. Kreisman, DATES: Effective November 25, 2002. and substitutes DTV channel 11 for DTV Chief, Video Division, Media Bureau. channel 43 at Lufkin, Texas. See 66 FR FOR FURTHER INFORMATION CONTACT: Pam 48852, September 24, 2001; and 66 FR [FR Doc. 02–26235 Filed 10–15–02; 8:45 am] Blumenthal, Media Bureau, (202) 418– 48851, September 24, 2001. DTV BILLING CODE 6712–01–P 1600. channels 10 and 11 can be allotted to Tyler and Lufkin, Texas, respectively, in SUPPLEMENTARY INFORMATION: This is a FEDERAL COMMUNICATIONS compliance with the principle synopsis of the Commission’s Report COMMISSION and Order, MB Docket No. 02–178, community coverage requirements of adopted October 3, 2002, and released Section 73.625(a). DTV channel 10 is 47 CFR Part 73 October 10, 2002. The full text of this allotted at coordinates 32–32–23 N. and document is available for public 95–13–12 W. with a power of 7, HAAT [DA 02–2388; MB Docket No. 02–188; RM– 10462] inspection and copying during regular of 302 meters and with a DTV service business hours in the FCC Reference population of 213 thousand. DTV Radio Broadcasting Services; Encinal, Information Center, Portals II, 445 12th channel 11 is allotted at coordinates 31– TX Street, SW., Room CY–A257, 25–09 N. and 94–48–03 W. with a Washington, DC. This document may power of 9.25, HAAT of 204 meters and AGENCY: Federal Communications also be purchased from the with a DTV service population of 622 Commission. Commission’s duplicating contractor, thousand. With this action, this ACTION: Final rule. Qualex International, Portals II, 445 proceeding is terminated. SUMMARY: This document allots Channel 12th Street, SW., CY–B402, Washington, DATES: Effective November 25, 2002. DC, 20554, telephone 202–863–2893, 273A to Encinal, Texas, in response to FOR FURTHER INFORMATION CONTACT: Pam a petition filed by Linda Crawford. See facsimile 202–863–2898, or via e-mail Blumenthal, Media Bureau, (202) 418– [email protected]. 67 FR 50851, August 6, 2002. The 1600. coordinates for Channel 273A at Encinal List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a are 28–06–40 and 99–27–15. There is a synopsis of the Commission’s Report site restriction 12.5 kilometers (7.8 Digital television broadcasting, and Order, MM Docket No. 01–244 and miles) northwest of the community. Television. MM Docket No. 01–245, adopted With this action, this proceeding is Part 73 of Title 47 of the Code of October 2, 2002, and released October 9, terminated. A filing window for Federal Regulations is amended as 2002. The full text of this document is Channel 273A at Encinal will not be follows: available for public inspection and opened at this time. Mexican

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concurrence has been received for the SUMMARY: In this document, the FEDERAL COMMUNICATIONS allotment of Channel 273A at Encinal. Commission reallots Channel 252A from COMMISSION Instead, the issue of opening this Monroe to Luna Pier, Michigan, as the allotment for auction will be addressed community’s first local aural 47 CFR Part 73 by the Commission in a subsequent transmission service and modifies the order. license for Station WTWR–FM to reflect [DA 02–2518, MB Docket No. 02–154, RM– DATES: Effective November 12, 2002. the changes. See 67 FR 40907 (06/14/ 10490] FOR FURTHER INFORMATION CONTACT: 2002). Station WTWR–FM has two preexisting short spacings grandfathered Television Broadcast Service; Topeka, Kathleen Scheuerle, Media Bureau, KS (202) 418–2180. pursuant to Section 73.213 of the rules and the change of community is being SUPPLEMENTARY INFORMATION: This is a implemented without any change in AGENCY: Federal Communications summary of the Commission’s Report facilities at petitioner’s existing Commission. and Order, MB Docket No. 02–188, transmitter site. Channel 252A is adopted September 25, 2002, and ACTION: Final rule. allotted at Luna Pier at petitioner’s released September 27, 2002. The full text of this Commission decision is transmitter site which is 4.7 kilometers SUMMARY: The Commission, at the available for inspection and copying (2.9 miles) northwest of the community. request of Davis Television Topeka, during regular business hours in the Coordinates for Channel 252A at Luna LLC, substitutes channel 22+ for FCC Information Center, Portals II, 445 Pier are 41–50–43 NL and 83–27–59 channel 43 at Topeka, Kansas. See 67 12th Street, SW., Room CY–A257, WL. FR 44792, July 15, 2002. TV channel can be allotted to Topeka, Kansas, with a Washington, DC 20554. The complete DATES: Effective November 4, 2002. text of this decision may also be plus offset consistent with the FOR FURTHER INFORMATION CONTACT: purchased from the Commission’s requirements of Section 73.610 at Victoria M. McCauley, Media Bureau, coordinates 39–00–00 N. and 96–07–45 duplicating contractor, Qualex (202) 418–2180. International, Portals II, 445 12th Street, W. With this action, this proceeding is SW., Room CY–B402, Washington, DC, SUPPLEMENTARY INFORMATION: This is a terminated. 20554, (202) 863–2893, facsimile (202) synopsis of the Commission’s Report DATES: Effective November 25, 2002. 863–2898, or via e-mail and Order, MB Docket No. 02–115, FOR FURTHER INFORMATION CONTACT: Pam [email protected]. adopted September 4, 2002, and released September 20, 2002. The full Blumenthal, Media Bureau (202) 418– List of Subjects in 47 CFR Part 73 text of this Commission decision is 1600. Radio, Radio broadcasting. available for inspection and copying SUPPLEMENTARY INFORMATION: This is a Part 73 of title 47 of the Code of during normal business hours in the synopsis of the Commission’s Report Federal Regulations is amended as FCC Reference Center (Room 239), 445 and Order, MB Docket No. 02–154, follows: 12th Street, SW., Washington, DC This adopted October 3, 2002, and released document may also be purchased from October 10, 2002. The full text of this PART 73—RADIO BROADCAST the Commission’s duplicating document is available for public SERVICES contractor, Qualex International, Portals inspection and copying during regular II, 445 12th Street, SW., Room CY–B402, 1. The authority citation for Part 73 business hours in the FCC Reference Washington, DC 20554, telephone 202– continues to read as follows: Information Center, Portals II, 445 12th 863–2893, facsimile 202–863–2898, or Authority: 47 U.S.C. 154, 303, 334 and 336. Street, SW., Room CY–A257, via e-mail [email protected]. Washington, DC 20554. This document § 73.202 [Amended] List of Subjects in 47 CFR Part 73 may also be purchased from the Commission’s duplicating contractor, 2. Section 73.202(b), the Table of FM Radio, Radio broadcasting. Allotments under Texas, is amended by Qualex International, Portals II, 445 adding Encinal, Channel 273A. Part 73 of Title 47 of the Code of 12th Street, SW., Room CY–B402, Federal Regulations is amended as Washington, DC 20554, telephone 202– Federal Communications Commission. follows: 863–2893, facsimile 202–863–2898, or John A. Karousos, via-e-mail [email protected]. Assistant Chief, Audio Division, Media PART 73—RADIO BROADCAST Bureau. SERVICES List of Subjects in 47 CFR Part 73 [FR Doc. 02–26229 Filed 10–15–02; 8:45 am] Television broadcasting. BILLING CODE 6712–01–P 1. The authority citation for Part 73 continues to read as follows: Part 73 of Title 47 of the Code of Federal Regulations is amended as Authority: 47 U.S.C. 154, 303, 334, and FEDERAL COMMUNICATIONS 336. follows: COMMISSION PART 73—[AMENDED] 47 CFR Part 73 2. Section 73.202(b), the Table of FM Allotments under Michigan, is amended 1. The authority citation for part 73 [DA 02–2233; MB Docket No. 02–115; RM by adding Luna Pier, Channel 252A, and continues to read as follows: 02–10427] removing Monroe, Channel 252A. Authority: 47 U.S.C. 154, 303, 334 and 336. Radio Broadcasting Services; Monroe Federal Communications Commission. and Luna Pier, MI John A. Karousos, § 73.606 [Amended] Assistant Chief, Audio Division, Media AGENCY: Federal Communications 2. Section 73.606(b), the Table of Bureau. Commission. Television Allotments under Kansas, is [FR Doc. 02–26231 Filed 10–15–02; 8:45 am] amended by removing TV channel 43 ACTION: Final rule. BILLING CODE 6712–01–P and adding TV channel 22+ at Topeka.

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Federal Communications Commission. The General category retention limit December subquota was initially set at Barbara A. Kreisman, adjustments are effective October 13, 63.7 mt for the 2002 fishing year, and Chief, Video Division, Media Bureau. 2002, through October 31, 2002. is currently 171.4 mt, after the carryover [FR Doc. 02–26268 Filed 10–15–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: Brad of approximately 107.7 mt of BILLING CODE 6712–01–P McHale, 978–281–9260. unharvested subquota from previous time periods. An additional 10 mt has SUPPLEMENTARY INFORMATION: Regulations implemented under the been set aside for the traditional fall DEPARTMENT OF COMMERCE authority of the Atlantic Tunas New York Bight fishery. After considering the factors for Convention Act (16 U.S.C. 971 et seq.) making transfers between categories, National Oceanic and Atmospheric and the Magnuson-Stevens Fishery NMFS has determined that 60 mt of the Administration Conservation and Management Act (16 remaining Longline South subcategory U.S.C. 1801 et seq.) governing the 50 CFR Part 635 quota of approximately 109.0 mt, and 10 harvest of BFT by persons and vessels mt of the remaining Longline North [I.D. 100702A] subject to U.S. jurisdiction are found at subcategory quota of approximately 25.4 50 CFR part 635. Section 635.27 mt should be transferred to the General Atlantic Highly Migratory Species subdivides the U.S. BFT quota category. Sufficient quota remains in the Fisheries; Atlantic Bluefin Tuna recommended by the International Longline category to provide for Commission for the Conservation of AGENCY: National Marine Fisheries additional landings by pelagic longline Atlantic Tunas among the various vessels for the remainder of the 2002 Service (NMFS), National Oceanic and domestic fishing categories. Atmospheric Administration (NOAA), fishing year. NMFS has also determined Commerce. Quota Adjustments that 60 mt of the remaining Angling North large school/small medium ACTION: Under the implementing regulations Quota transfers; General subcategory quota of approximately category daily retention limit at 50 CFR 635.27(a)(8), NMFS has the 112.5 mt should be transferred to the adjustment. authority to transfer quotas among General category. Given these transfers categories, or, as appropriate, SUMMARY: NMFS adjusts the October- totaling 130 mt, the adjusted subquota subcategories, of the fishery, after for the coastwide General category December time-period subquota for the considering the following factors: (1) General category Atlantic bluefin tuna fishery for the October-December period The usefulness of information obtained is 301.4 mt. (BFT) fishery by transferring 60 metric from catches in the particular category tons (mt) from the Longline South for biological sampling and monitoring Adjustment of General Category Daily subquota, 10 mt from the Longline of the status of the stock; (2) the catches Retention Limit North subquota, 60 mt from the Angling of the particular category quota to date NMFS previously established an effort category large school/small medium size and the likelihood of closure of that control schedule for the 2002 BFT class subquota for the northern area, and segment of the fishery if no allocation is General category fishery that included including the quota underharvest from made; (3) the projected ability of the certain RFDs (67 FR 61537, October 1, previous time periods, for a revised vessels fishing under the particular 2002 ). Under the authority of 50 CFR coastwide General category October - category quota to harvest the additional 635.23(a)(4), NMFS may increase or December time-period subquota of amount of BFT before the end of the decrease the General category daily approximately 301.4 mt. NMFS has also fishing year; (4) the estimated amounts retention limit of large medium and determined that the BFT General by which quotas established for other giant BFT over a range from zero (on category restricted fishing day (RFD) gear segments of the fishery might be RFDs) to a maximum of three per vessel schedule should be adjusted to allow for exceeded; (5) the effects of the transfer to allow for maximum utilization of the maximum utilization of the General on BFT rebuilding and overfishing; and quota for BFT. Based on a review of category October-December time-period (6) the effects of the transfer on dealer reports, daily landing trends, and subquota. Therefore, NMFS authorizes accomplishing the objectives of the the availability of BFT on the fishing fishing under the General category quota HMS FMP. grounds, NMFS has determined an the previously designated RFDs for the If it is determined, based on the adjustment to the RFD schedule is month of October, 2002. Additionally, factors listed here and the probability of appropriate and necessary, and, the daily retention limit is increased to exceeding the total quota, that vessels therefore, increases the daily retention two large medium or giant BFT for the fishing under any category or limit for certain previously designated remainder of October, 2002. These subcategory quota are not likely to take RFDs for the month of October, 2002. actions are being taken to allow for that quota, NMFS may transfer inseason An adjustment to the General category maximum utilization of the U.S. any portion of the remaining quota of daily retention limit will allow full use landings quota of BFT while that fishing category to any other fishing of the adjusted October-December maintaining a fair distribution of fishing category or to the Reserve quota. subquota, while preventing overharvest opportunities, preventing overharvest of Annual BFT quota specifications and ensuring reasonable fishing the adjusted subquotas for the affected issued under 50 CFR 635.27 provide for opportunities in all areas. Therefore, fishing categories, helping to achieve a quota of 647.0 mt of large medium and NMFS authorizes fishing under the optimum yield in the General category giant BFT to be harvested from the General category quota for October 13, fishery, and allowing the collection of a regulatory area by vessels fishing under 14, 16, 30, 21, 23, 27, 28, and 30, 2002, broad range of data for stock monitoring the General category quota during the and increases the daily retention limit to purposes, consistent with the objectives 2002 fishing year. The General category two large medium or giant BFT per of the Fishery Management Plan for BFT quota is further subdivided into vessel through October 31, 2002. Atlantic Tunas, Swordfish, and Sharks time period subquotas to provide for If the adjusted General category (HMS FMP). broad temporal and geographic subquota for the October-December DATES: The quota transfers are effective distribution of scientific data collection period is harvested, the coastwide October 10, 2002, through May 31, 2003. and fishing opportunities. The October- fishery will be closed and NMFS will

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take action as necessary to release the the fishery before leaving for a fishing weather-related factors and BFT set aside for the New York Bight fishery. trip. migration, any delay in this action Alternatively, NMFS may transfer Classification would be inconsistent with its additional quota from the Reserve or objectives. For these reasons and other fishing categories to allow the The Assistant Administrator for because this action relieves a restriction coastwide General category fishery to Fisheries, NOAA (AA), finds for good (i.e., reallocates quota to avoid closure cause that providing prior notice and remain open. An announcement of and increases daily catch limit thereby public comment for this action, as closure, if any, will be filed with the removing RFDs), the AA also finds good required under 5 U.S.C. 553(b)(B), is cause to waive the 30–day delay in Office of the Federal Register, stating impracticable and contrary to the public the effective date of closure, and further interest. Without these inseason effective date pursuant to 5 U.S.C. communicated through the Highly adjustments, NMFS would not be 553(d)(1) and (3). This action is Migratory Species Fax Network, the providing U.S. fishermen with a authorized by 50 CFR 635.27 is exempt Atlantic Tunas Information Line, the reasonable opportunity to catch the for review under Executive order 12866. www.nmfspermits.com website, NOAA quota allocated to the United States by Authority: 16 U.S.C. 971 et seq. and 1801 weather radio, and Coast Guard Notice ICCAT. Additionally, given low catch et seq. to Mariners. Although notification of rates to date, continued effort controls Dated: October 9, 2002. closure will be provided as far in and a restrictive catch limit would not advance as possible, fishermen are allow for maximum utilization of the John H. Dunigan, encouraged to call the Atlantic Tunas General category October-December Director, Office of Sustainable Fisheries, Information Line at (888) USA-TUNA or time-period subquota. As the fishery is National Marine Fisheries Service. (978) 281–9305 or access the website currently underway, and fishing [FR Doc. 02–26301 Filed 10–10–02; 4:23 pm] mentioned above, to check the status of opportunities may be limited by BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 67, No. 200

Wednesday, October 16, 2002

This section of the FEDERAL REGISTER sent via the Internet using the following • For each issue, state what specific contains notices to the public of the proposed address: [email protected]. change to the proposed AD is being issuance of rules and regulations. The Comments sent via fax or the Internet requested. purpose of these notices is to give interested must contain ‘‘Docket No. 2002-NM–28- • Include justification (e.g., reasons or persons an opportunity to participate in the AD’’ in the subject line and need not be data) for each request. rule making prior to the adoption of the final Comments are specifically invited on rules. submitted in triplicate. Comments sent via the Internet as attached electronic the overall regulatory, economic, files must be formatted in Microsoft environmental, and energy aspects of DEPARTMENT OF TRANSPORTATION Word 97 for Windows or ASCII text. the proposed rule. All comments submitted will be available, both before The service information referenced in and after the closing date for comments, Federal Aviation Administration the proposed rule may be obtained from in the Rules Docket for examination by Boeing Commercial Airplane Group, interested persons. A report 14 CFR Part 39 P.O. Box 3707, Seattle, Washington summarizing each FAA-public contact 98124–2207. This information may be [Docket No. 2002–NM–28–AD] concerned with the substance of this examined at the FAA, Transport proposal will be filed in the Rules RIN 2120–AA64 Airplane Directorate, 1601 Lind Docket. Airworthiness Directives; Boeing Avenue, SW., Renton, Washington. Commenters wishing the FAA to Model 747 Series Airplanes FOR FURTHER INFORMATION CONTACT: acknowledge receipt of their comments Technical Information: Rick Kawaguchi, submitted in response to this action AGENCY: Federal Aviation must submit a self-addressed, stamped Administration, DOT. Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft postcard on which the following ACTION: Notice of proposed rulemaking Certification Office, 1601 Lind Avenue, statement is made: ‘‘Comments to (NPRM). SW., Renton, Washington 98055–4056; Docket Number 2002-NM–28-AD.’’ The SUMMARY: This document proposes the telephone (425) 227–1153; fax (425) postcard will be date stamped and supersedure of an existing airworthiness 227–1181. returned to the commenter. directive (AD), applicable to all Boeing Other Information: Sandi Carli, Availability of NPRMs Model 747 series airplanes, that Airworthiness Directive Technical Any person may obtain a copy of this currently requires periodic inspections Editor/Writer; telephone (425) 687– NPRM by submitting a request to the and cleaning of the drainage system 4243, fax (425) 687–4248. Questions or FAA, Transport Airplane Directorate, cavity of the canted pressure deck, aft of comments may also be sent via the ANM–114, Attention: Rules Docket No. the wing center section. This action Internet using the following address: 2002-NM–28-AD, 1601 Lind Avenue, would add new repetitive tests and [email protected]. Questions or SW., Renton, Washington 98055–4056. inspections for discrepancies of the comments sent via the Internet as drainage system of the canted pressure attached electronic files must be Discussion deck located in the wheel wells of the formatted in Microsoft Word 97 for On May 24, 1989, the FAA issued AD main landing gear (MLG) of the left and Windows or ASCII text. 89–12–07, amendment 39–6232 (54 FR right wings; and corrective actions, if SUPPLEMENTARY INFORMATION: 24161, June 6, 1989), applicable to all necessary. The action would also Boeing Model 747 series airplanes, to terminate the requirements of the Comments Invited require periodic inspections and existing AD. The actions specified by Interested persons are invited to cleaning of the cavity aft of the wing the proposed AD are intended to center section. The requirements of that prevent ice accumulation on the lateral participate in the making of the proposed rule by submitting such AD are intended to prevent ice flight control cables due to water accumulation in the aileron control entering the wheel well of the MLG and written data, views, or arguments as they may desire. Communications shall system which could result in reduced freezing, which could restrict or jam lateral control capability. control cable movement, resulting in identify the Rules Docket number and loss of controllability of the airplane. be submitted in triplicate to the address Actions Since Issuance of Previous Rule specified above. All communications DATES: Comments must be received by Since the issuance of AD 89–12–07, received on or before the closing date December 2, 2002. we have received several reports for comments, specified above, will be ADDRESSES: Submit comments in indicating ice accumulation on the considered before taking action on the triplicate to the Federal Aviation lateral flight control cables in the wheel proposed rule. The proposals contained Administration (FAA), Transport well of the main landing gear (MLG) on in this action may be changed in light Airplane Directorate, ANM–114, certain Model 747 series airplanes of the comments received. Attention: Rules Docket No. 2002-NM– during flight. The ice buildup was 28-AD, 1601 Lind Avenue, SW., Renton, Submit comments using the following attributed to debris blocking the Washington 98055–4056. Comments format: drainage system for the canted pressure may be inspected at this location • Organize comments issue-by-issue. deck area, which caused water between 9 a.m. and 3 p.m., Monday For example, discuss a request to accumulation in the canted pressure through Friday, except Federal holidays. change the compliance time and a deck. The accumulation of water also Comments may be submitted via fax to request to change the service bulletin caused excessive corrosion of the upper (425) 227–1232. Comments may also be reference as two separate issues. skin of the wing center section and the

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rear spar. Cabin pressurization caused develop on other products of this same operators is estimated to be $61,200, or the water to enter the wheel well of the type design, the proposed AD would $240 per airplane, per inspection cycle. MLG and solidify during flight. Such ice supersede AD 89–12–07 to continue to It would take approximately 4 work accumulation could restrict or jam require periodic inspections and hours per airplane to accomplish the control cable movement, resulting in cleaning of the drainage system cavity of cabin pressurization test specified in loss of controllability of the airplane. the canted pressure deck, aft of the wing Work Package 4 of the service bulletin, center section. This new action would at an average labor rate of $60 per work Explanation of Relevant Service add repetitive tests and inspections for Information hour. Based on these figures, the cost discrepancies of the drainage system of impact of the test proposed by this AD We have reviewed and approved the canted pressure deck located in the on U.S. operators is estimated to be Boeing Alert Service Bulletin 747– wheel wells of the MLG of the left and $61,200, or $240 per airplane, per test 51A2057, dated February 21, 2002, right wings; and corrective actions, if cycle. which describes procedures for necessary. The new actions would The cost impact figures discussed repetitive tests and inspections for terminate the requirements of the above are based on assumptions that no discrepancies of the drainage system for existing AD. The actions would be operator has yet accomplished any of the canted pressure deck located in the required to be accomplished in the proposed requirements of this AD wheel wells of the MLG in the left and accordance with the service bulletin action, and that no operator would right wings; and corrective actions, if described previously, except as accomplish those actions in the future if necessary; as follows: discussed below. this AD were not adopted. The cost • Work Package 1 describes impact figures discussed in AD procedures for repetitive testing of the Difference Between Service Information rulemaking actions represent only the drainage system of the canted pressure and Proposed Rule time necessary to perform the specific deck for proper drainage. The test Although the service bulletin actions actually required by the AD. includes a visual inspection of the specifies that the manufacturer may be These figures typically do not include external drains, reducer, and drain lines contacted for disposition of certain incidental costs, such as the time for discrepancies. The discrepancies repairs, this proposed AD would require required to gain access and close up, include damage, holes, signs of frozen such repairs to be accomplished per a planning time, or time necessitated by water, and signs of blockage (3 to 5 method approved by us, or per data other administrative actions. pounds per square inch (PSI) meeting the type certification basis of compressed air is sent through the drain the airplane approved by a Boeing Regulatory Impact Company Designated Engineering line to check for blockage). The The regulations proposed herein Representative who has been authorized corrective actions include cleaning the would not have a substantial direct by the Manager, Seattle Aircraft drain system to remove blockage if the effect on the States, on the relationship Certification Office, to make such air does not flow freely, and replacing between the national Government and findings. any damaged drain line with a new the States, or on the distribution of drain line. The procedures also specify Cost Impact power and responsibilities among the contacting the manufacturer for repair There are approximately 1,127 various levels of government. Therefore, instructions for damaged drain lines. it is determined that this proposal • Work Package 2 describes airplanes of the affected design in the would not have federalism implications procedures for repetitive cleaning and worldwide fleet. The FAA estimates that under Executive Order 13132. inspecting of the canted pressure deck 255 airplanes of U.S. registry would be drainage system as shown in the Boeing affected by this proposed AD. For the reasons discussed above, I 747 Airplane Maintenance Manual. It would take approximately 1 work certify that this proposed regulation (1) • Work Package 3 describes hour per airplane to accomplish the is not a ‘‘significant regulatory action’’ procedures for repetitive inspections of actions that are currently required by under Executive Order 12866; (2) is not the canted pressure deck for AD 89–12–07, at an average labor rate of a ‘‘significant rule’’ under the DOT discrepancies (loose or missing $60 per work hour. Based on these Regulatory Policies and Procedures (44 fasteners; loose, missing, or cracked figures, the cost impact of the currently FR 11034, February 26, 1979); and (3) if sealant; and leak paths). The corrective required actions is estimated to be $60 promulgated, will not have a significant actions include replacing any loose or per airplane, per inspection cycle. economic impact, positive or negative, missing fastener, or loose, missing, or It would take approximately 12 work on a substantial number of small entities cracked sealant; and repair of any leak hours per airplane to accomplish the under the criteria of the Regulatory found. For other discrepancies, the test/inspection/cleaning of the drainage Flexibility Act. A copy of the draft procedures specify contacting the system specified in Work Packages 1 regulatory evaluation prepared for this manufacturer for repair instructions. and 2 of Boeing Alert Service Bulletin action is contained in the Rules Docket. • Work Package 4 describes 747–51A2057, at an average labor rate of A copy of it may be obtained by procedures for repetitive cabin $60 per work hour. Based on these contacting the Rules Docket at the pressurization tests to check for leaks in figures, the cost impact of the test/ location provided under the caption the canted pressure deck, and repair of inspection/cleaning proposed by this ADDRESSES. AD on U.S. operators is estimated to be any leak found. List of Subjects in 14 CFR Part 39 Accomplishment of the actions $183,600, or $720 per airplane, per specified in the service bulletin is cycle. Air transportation, Aircraft, Aviation intended to adequately address the It would take approximately 4 work safety, Safety. hours per airplane to accomplish the identified unsafe condition. The Proposed Amendment inspection specified in Work Package 3 Explanation of Requirements of of the service bulletin, at an average Accordingly, pursuant to the Proposed Rule labor rate of $60 per work hour. Based authority delegated to me by the Since an unsafe condition has been on these figures, the cost impact of the Administrator, the Federal Aviation identified that is likely to exist or inspection proposed by this AD on U.S. Administration proposes to amend part

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39 of the Federal Aviation Regulations the drain line) of the drainage system of the Manager, Seattle ACO, FAA; or per data (14 CFR part 39) as follows: canted pressure deck for discrepancies meeting the type certification basis of the (including damage, holes, signs of frozen airplane approved by a Boeing Company PART 39—AIRWORTHINESS water, and signs of blockage), per Work Designated Engineering Representative who DIRECTIVES Package 1 of the service bulletin. Repeat the has been authorized by the Manager, Seattle test at least every 18 months. ACO, to make such findings. For a repair 1. The authority citation for part 39 (2) Clean the drainage system for the method to be approved, the approval must continues to read as follows: canted pressure deck and do a general visual specifically reference this AD. inspection of the system for discrepancies Authority: 49 U.S.C. 106(g), 40113, 44701. per Work Package 2 of the Work Instructions Alternative Methods of Compliance § 39.13 [Amended] of the service bulletin. Repeat the cleaning (f)(1) An alternative method of compliance and inspection at least every 18 months. or adjustment of the compliance time that 2. Section 39.13 is amended by Accomplishment of this paragraph provides an acceptable level of safety may be removing amendment 39–6232 (54 FR terminates the requirements in paragraph (a) used if approved by the Manager, Seattle 24161, June 6, 1989), and by adding a of this AD. ACO. Operators shall submit their requests new airworthiness directive (AD), to (3) Except as required by paragraph (e) of through an appropriate FAA Principal read as follows: this AD: If any discrepancy is found during Maintenance Inspector, who may add any inspection or test required by paragraphs comments and then send it to the Manager, Boeing: Docket 2002-NM–28-AD. Supersedes (b)(1) and (b)(2) of this AD, before further AD 89–12–07, Amendment 39–6232. Seattle ACO. flight, repair per the Work Instructions of the (2) Alternative methods of compliance, Applicability: All Model 747 series service bulletin. approved previously in accordance with AD airplanes, certificated in any category. Repetitive Inspections of the Canted Pressure 89–12–07, amendment 39–6232, are Note 1: This AD applies to each airplane Deck/Corrective Action approved as alternative methods of identified in the preceding applicability compliance with paragraph (b)(2) of this AD. (c) Within 36 months after the effective provision, regardless of whether it has been Note 3: Information concerning the date of this AD: Do a general visual modified, altered, or repaired in the area existence of approved alternative methods of inspection of the canted pressure deck for subject to the requirements of this AD. For compliance with this AD, if any, may be discrepancies (including loose or missing airplanes that have been modified, altered, or obtained from the Seattle ACO. repaired so that the performance of the fasteners; loose, missing, or cracked sealant; requirements of this AD is affected, the and leak paths), per Work Package 3 of the Special Flight Permits owner/operator must request approval for an Work Instructions of Boeing Alert Service (g) Special flight permits may be issued in alternative method of compliance in Bulletin 747–51A2057, dated February 21, accordance with sections 21.197 and 21.199 accordance with paragraph (f)(1) of this AD. 2002. If any discrepancy is found, before of the Federal Aviation Regulations (14 CFR The request should include an assessment of further flight, repair (including replacing any 21.197 and 21.199) to operate the airplane to the effect of the modification, alteration, or loose or missing fastener or loose, missing, or a location where the requirements of this AD repair on the unsafe condition addressed by cracked sealant; and repair of any leak found) can be accomplished. this AD; and, if the unsafe condition has not per the service bulletin; except as required by been eliminated, the request should include paragraph (e) of this AD. Repeat the Issued in Renton, Washington, on October specific proposed actions to address it. inspection at least every 36 months. 8, 2002. Compliance: Required as indicated, unless Note 2: For the purposes of this AD, a Ali Bahrami, accomplished previously. general visual inspection is defined as: ‘‘A Acting Manager, Transport Airplane To prevent ice accumulation on the lateral visual examination of an interior or exterior Directorate, Aircraft Certification Service. area, installation, or assembly to detect flight control cables due to water entering the [FR Doc. 02–26203 Filed 10–15–02; 8:45 am] wheel well of the main landing gear and obvious damage, failure, or irregularity. This freezing, which could restrict or jam control level of inspection is made from within BILLING CODE 4910–13–P cable movement, resulting in loss of touching distance unless otherwise specified. controllability of the airplane; accomplish A mirror may be necessary to enhance visual the following: access to all exposed surfaces in the DEPARTMENT OF TRANSPORTATION inspection area. This level of inspection is Restatement of Requirements of AD 89–12– made under normally available lighting Federal Aviation Administration 07 conditions such as daylight, hangar lighting, Repetitive Inspections/Cleaning flashlight, or droplight and may require 14 CFR Part 71 removal or opening of access panels or doors. (a) Within 15 months after July 10, 1989 Stands, ladders, or platforms may be required [Airspace Docket No. 02–ASO–25] (the effective date of AD 89–12–07, to gain proximity to the area being checked.’’ amendment 39–6232), unless accomplished 3 Proposed Amendment of Class E5 months before July 10, 1989, and thereafter Repetitive Cabin Pressurization Tests/ at intervals not to exceed 18 months: Gain Corrective Action Airspace; Tampa, FL access to the cavity aft of the wing center (d) Within 72 months after the effective section and remove all debris and foreign AGENCY: Federal Aviation date of this AD: Do a cabin pressurization test material, clean the cavity, and verify all Administration (FAA), DOT. to check for leaks in the canted pressure deck drains are open and clean. ACTION: Notice of proposed rulemaking. per Work Package 4 of the Work Instructions New Requirements of This AD of Boeing Alert Service Bulletin 747– SUMMARY: This notice proposes to 51A2057, dated February 21, 2002. If any Repetitive Tests of the Drainage System/ leak is found, before further flight, repair per amend Class E5 airspace at Tampa, FL. Corrective Action the service bulletin; except as required by A Localizer Runway 23 Standard (b) Within 18 months after the effective paragraph (e) of this AD. Repeat the cabin Instrument Approach Procedure (SIAP) date of this AD, do the actions required by pressurization test at least every 72 months. has been developed for Vandenberg paragraphs (b)(1), (b)(2), and (b)(3) of this AD, Airport. As a result, additional as applicable, per the Work Instructions of Corrective Action per Seattle Aircraft Certification Office (ACO) controlled airspace extending upward Boeing Alert Service Bulletin 747–51A2057, from 700 feet Above Ground Level dated February 21, 2002. (e) If any discrepancy is found during any (AGL) northeast of Vandenberg Airport (1) Do a test (including a general visual inspection or test required by this AD and the inspection of the external drains, reducer, service bulletin specifies to contact Boeing is needed to contain the SIAP. and drain lines, and sending 3 to 5 pounds for appropriate action: Before further flight, DATES: Comments must be received on per square inch (PSI) compressed air through repair per a method approved by the or before November 15, 2002.

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ADDRESSES: Send comments on the Availability of NPRMs PART 71—DESIGNATION OF CLASS A, proposal in triplicate to: Federal CLASS B, CLASS C, CLASS D, AND Aviation Administration, Docket No. Any person may obtain a copy of this CLASS E AIRSPACE AREAS; 02–ASO–25, Manager, Airspace Branch, Notice of Proposed Rulemaking (NPRM) AIRWAYS; ROUTES; AND REPORTING ASO–520, P.O. Box 20636, Atlanta, by submitting a request to the Federal POINTS Georgia 30320. Aviation Administration, Manager, Airspace Branch, ASO–520, Air Traffic 1. The authority citation for Part 71 The official docket may be examined Division, P.O. Box 20636, Atlanta, continues to read as follows: in the Office of the Regional Counsel for Georgia 30320. Communications must Southern Region, Room 550, 1701 Authority: 49 U.S.C. 106(g); 40103, 40113, identify the notice number of this 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Columbia Avenue, College Park, George NPRM. Persons interested in being 1963 Comp., p. 389. 30337, telephone (404) 305–5586. placed on a mailing list for future § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: NPRMs should also request a copy of Walter R. Cochran, Manager, Airspace Advisory Circular No. 11–2A which 2. The incorporation by reference in Branch, Air Traffic Division, Federal describes the application procedure. 14 CFR 71.1 of Federal Aviation Administration Order 7400.9K, Airspace Aviation Administration, P.O. Box The Proposal 20636, Atlanta, Georgia 30320; Designations and Reporting Points, telephone (404) 305–5586. The FAA is considering an dated August 30, 2002, and effective amendment to Part 71 of the Federal September 16, 2002, is amended as SUPPLEMENTARY INFORMATION: Aviation Regulations (14 CFR part 71) to follows: Comments Invited amend Class E5 airspace at Tampa, FL. Paragraph 6005 Class E Airspace Areas Class E airspace designations for Extending Upward From 700 feet or More Interested parties are invited to airspace areas extending upward from Above the Surface of the Earth. participate in this proposed rulemaking 700 feet or more above the surface of the * * * * * by submitting such written data, views earth are published in Paragraph 6005 of ASO FL E5 Tampa, FL [Revised] or arguments as they may desire. FAA Order 7400.9K dated August 30, 2002, and effective September 16, 2002, Tampa International Airport, FL Comments that provide the factual basis ° ′ ″ ° ′ ″ supporting the views and suggestions which is incorporated by reference in 14 (Lat. 27 58 32 N, long. 82 31 59 W) CFR 71.1. The Class E airspace St. Petersburg-Clearwater International presented are particularly helpful in Airport developing reasoned regulatory designation listed in this document ° ′ ″ ° ′ ″ would be published subsequently in the (Lat. 27 54 39 N, long. 82 41 14 W) decisions on the proposal. Comments MacDill AFB are specifically invited on the overall Order. (Lat. 27°50′57″N, long. 82°31′17″W) regulatory, aeronautical, economic, The FAA has determined that this Peter O Knight Airport environmental, and energy-related proposed regulation only involves an (Lat. 27°54′56″N, long. 82°26′57″W) aspects of the proposal. established body of technical Albert-Whitted Airport ° ′ ″ ° ′ ″ Communications should identify the regulations for which frequent and (Lat. 27 45 54 N, long. 82 37 38 W) Vandenberg Airport airspace docket number and be routine amendments are necessary to ° ′ ″ ° ′ ″ keep them operationally current. It, (Lat. 28 00 33 N, long. 82 20 59 W) submitted in triplicate to the address Clearwater Air Park therefore, (1) is not a ‘‘significant listed above. Commenters wishing the (Lat. 27°58′35″N, long. 82°45′31″W) FAA to acknowledge receipt of their regulatory action’’ under Executive Vandenberg Localizer comments on this notice must submit Order 12866; (2) is not a ‘‘significant (Lat. 28°00′40″N, long. 82°20′55″W) with those comments a self-addressed, rule’’ under DOT Regulatory Policies That airspace extending upward from 700 stamped postcard on which the and Procedures (44 FR 11034; February feet above the surface within a 7-mile radius following statement is made: 26, 1979); and (3) does not warrant of Tampa International Airport, St. ‘‘Comments to Airspace Docket No. 02– preparation of a Regulatory Evaluation Petersburg-Clearwater International Airport, ASO–25.’’ The postcard will be date/ as the anticipated impact is so minimal. MacDill AFB, and Peter O Knight Airport, time stamped and returned to the Since this is a routine matter that will and within a within a 6.3-mile radius of commenter. All communications only affect air traffic procedures and air Albert-Whitted Airport, and Clearwater Air Park, and within a 6.7-mile radius of received before the specified closing navigation, it is certified that this rule, Vandenberg Airport and within 4 miles south date for comments will be considered when promulgated, will not have a significant economic impact on a and 8 miles north of the Vandenberg before taking action on the proposed Localizer northeast course extending from rule. The proposal contained in this substantial number of small entities under the criteria of the Regulatory the 6.7-mile radius to 16 miles northeast of notice may be changed in light of the the airport; excluding that airspace within comments received. All comments Flexibility Act. the Zephyrhills, FL, and Lakeland, FL, Class submitted will be available for List of Subjects in 14 CFR Part 71 E airspace areas. examination in the Office of the * * * * * Regional Counsel for Southern Region, Airspace, Incorporation by reference, Room 550, 1701 Columbia Avenue, Navigation (Air) Issued in College Park, Georgia, on October 4, 2002. College Park, Georgia 30337, both before The Proposed Amendment and after the closing date for comments. Walter R. Cochran, A report summarizing each substantive In consideration of the foregoing, the Acting Manager, Air Traffic Division, public contact with FAA personnel Federal Aviation Administration Southern Region. concerned with this rulemaking will be proposes to amend 14 CFR Part 71 as [FR Doc. 02–26277 Filed 10–15–02; 8:45 am] filed in the docket. follows: BILLING CODE 4910–13–M

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DEPARTMENT OF COMMERCE a single, fully consolidated, report to Investment Division (BE–50), Bureau of include both its banking and Economic Analysis, U.S. Department of Bureau of Economic Analysis nonbanking operations on the BE–605 Commerce, Washington, DC 20230; Bank form. However, separate reports phone (202) 606–9800. 15 CFR Part 806 still will be filed in those special SUPPLEMENTARY INFORMATION: This [Docket No. 020913214–2214–01] instances where a U.S. affiliate’s proposed rule amends 15 CFR 806.15 to primary line of business is not in set forth reporting requirements for the RIN 0691—AA45 banking (or related financial activities), BE–605, Transactions of U.S. Affiliate, such as a manufacturer or retailer, but Except a U.S. Banking Affiliate, With Direct Investment Surveys: BE–605, the affiliate also has a direct or indirect Foreign Parent, and BE–605 Bank, Transactions of U.S. Affiliate, Except a ownership in a BHC (or other banking Transactions of U.S. Banking Affiliate U.S. Banking Affiliate, With Foreign activities such as U.S. wholesale or with Foreign Parent. The Bureau of Parent, and BE–605 Bank, limited purpose banks). In these Economic Analysis (BEA), U.S. Transactions of U.S. Banking Affiliate instances, the BHC, including all of its Department of Commerce, will conduct With Foreign Parent subsidiaries or units, will file on the the survey under the International AGENCY: Bureau of Economic Analysis, BE–605 Bank form and the nonbanking Investment and Trade in Services Commerce. operations not owned by the BHC will Survey Act (22 U.S.C. 3101–3108) file on the BE–605 form. Add questions hereinafter, ‘‘the Act.’’ Section 4(a) of ACTION: Notice of proposed rulemaking. to the BE–605 Bank form to collect data the Act requires that with respect to SUMMARY: This notice sets forth a on loans from or to the foreign parent foreign direct investment in the United proposed rule to amend the reporting group by certain nonbanking States, the President shall, to the extent requirements for the quarterly survey of subsidiaries (e.g., insurance companies) he deems necessary and feasible— foreign direct investment in the United included in the consolidated report to Conduct a regular data collection program States, which is comprised of two maintain consistency of the U.S. to secure current information on forms—the BE–605, Transactions of U.S. international transactions accounts with international capital flows and other Affiliate, Except a U.S. Banking international statistical standards and information related to international Affiliate, With Foreign Parent, and BE– avoid gaps in coverage. Add questions investment and trade in services, including (but not limited to) such information as may 605 Bank, Transactions of U.S. Banking to the BE–605 Bank form to collect detail on intercompany premiums be necessary for computing and analyzing the Affiliate with Foreign Parent. United States balance of payments, the The Department of Commerce, as part earned and claims payable for insurance employment and taxes of United States of its continuing effort to reduce companies included in the consolidated parents and affiliates, and the international paperwork and respondent burden, report. investment and trade in services position of invites the general public and other BEA believes that the proposed the United States. Federal agencies to comment on changes should result in no change in In Section 3 of Executive Order proposed and/or continuing information the overall respondent burden. Any 11961, the President delegated authority collections, as required by the increase in burden due to the addition granted under the Act as concerns direct Paperwork Reduction Act of 1995. The of questions on the BE–605 Bank form investment to the Secretary of BE–605 and BE–605 Bank are will be offset by a reduction in burden Commerce, who has redelegated it to mandatory surveys and are conducted for BHC’s, because reporting for these BEA. quarterly by the Bureau of Economic entities will be more consistent with the The quarterly survey is a cut-off Analysis (BEA), U.S. Department of filing of regulatory reports and annual sample survey that covers all U.S. Commerce, under the International reports to stockholders. affiliates above a size-exemption level Investment and Trade in Services DATES: Comments on these proposed and obtains data on transactions and Survey Act. BEA will send survey forms rules will receive consideration if positions between U.S. affiliates and to potential respondents each quarter; submitted in writing on or before their affiliated foreign groups. (The responses will be due within 30 days December 16, 2002. affiliated foreign group is (i) the foreign after the close of each fiscal quarter, ADDRESSES: Direct all written comments parent, (ii) any foreign person, except for the final quarter of the fiscal to the Office of the Chief, International proceeding up the foreign parent’s year, when reports will be due within Investment Division (BE–50), Bureau of ownership chain, which owns more 45 days. These surveys are cut-off Economic Analysis, U.S. Department of than 50 percent of the person below it sample surveys that cover all U.S. Commerce, Washington, DC 20230. up to and including that person which affiliates above a size-exemption level Because of slow mail, and to assure that is not more than 50 percent owned by and seek to obtain data on transactions comments are received in a timely another foreign person, and (iii) any and positions between U.S. affiliates manner, please consider using one of foreign person, proceeding down the and their affiliated foreign groups. the following delivery methods: (1) Fax ownership chain(s) of each of these BEA proposes the following changes: to (202) 606–5318, (2) deliver by courier members, which is owned more than 50 Direct bank holding companies (BHC’s) to U.S. Department of Commerce, percent by the person above it.) The to file a fully consolidated report, Bureau of Economic Analysis, BE– sample data are used to derive universe including all banking and nonbanking 49(A), Shipping and Receiving, Section estimates in nonbenchmark years by operations, on the BE–605 Bank form. M100, 1441 L Street NW., Washington, extrapolating forward similar data Previously, the banking and non- DC, 20005, or (3) e-mail to reported in the BE–12, Benchmark banking operations of a BHC filed [email protected]. Comments Survey of Foreign Direct Investment in separate reports: the nonbank operations received will be available for public the United States, which is taken every of the BHC filed on the BE–605 form, inspection in Room 7005, 1441 L Street five years. The data are used in the and the BHC itself and its banking NW., between 8:30 a.m. and 4:30 p.m., preparation of the U.S. international operations filed on the BE–605 Bank eastern time Monday through Friday. transactions accounts, the input-output form. To reduce respondent burden for FOR FURTHER INFORMATION CONTACT: R. accounts, and the national income and BHC’s, BEA proposes that the BHC file David Belli, Chief, International product accounts. The data are needed

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to measure the size and economic subject to review and approval by the the provisions of the Regulatory significance of foreign direct investment Office of Management and Budget Flexibility Act (5 U.S.C. 605(b)), that in the United States, measure changes in (OMB) under the Paperwork Reduction this proposed rulemaking, if adopted, such investment, and assess its impact Act(PRA). The new requirement has will not have a significant economic on the U.S. economy. The data are been submitted to OMB for approval as impact on a substantial number of small disaggregated by industry of U.S. a revision to a collection currently entities. Few, if any, small U.S. affiliate, by country of foreign parent, approved under OMB control number businesses are subject to the reporting and, for selected items, by country of 0608–0009. requirements of this survey. Most small each member of the affiliated foreign Notwithstanding any other provisions businesses are not foreign owned; those of the law, no person is required to group. that are and have total assets, sales or BEA proposes the following changes: respond to, nor shall any person be gross operating revenues, and net (1) Direct bank holding companies subject to a penalty for failure to comply (BHC’s) to file a fully consolidated with, a collection-of-information subject income each equal to or less than $30 report, including all banking and to the requirements of the Paperwork million are not required to report on the nonbanking operations, on the BE–605 Reduction Act unless that collection BE–605 or BE–605 Bank form. Bank form. Previously, the banking and displays a currently valid Office of List of Subjects in 15 CFR Part 806 non-banking operations of a BHC were Management and Budget control required to file separate reports: the number. International transactions, economic nonbank operations of the BHC filed on An estimated 3,950 U.S. affiliates are statistics, foreign investment in the the BE–605 form, and the BHC itself and expected to file responses quarterly, or United States, penalties, reporting and its banking operations filed on the BE– 15,800 responses annually. The average recordkeeping requirements. 605 Bank form. To reduce respondent burden for completing the BE–605 and burden for BHC’s, BEA proposes that BE–605 Bank remains unchanged at Rosemary Marcuss, the BHC file a single, fully consolidated, 1.25 hours per response, per quarter Acting Director, Bureau of Economic report to include both its banking and (five hours per year); the total annual Analysis. nonbanking operations on the BE–605 respondent burden, from the current For the reasons set forth in the Bank form. However, separate reports OMB inventory, also remains preamble, BEA proposes to amend 15 still will be filed in those special unchanged at 19,750 hours (15,800 CFR part 806 as follows: instances where a U.S. affiliate’s responses times 1.25 hours average primary line of business is not in burden). This estimate covers the amount of time for respondents to PART 806—DIRECT INVESTMENT banking (or related financial activities), SURVEYS such as a manufacturer or retailer, but review the instructions, search existing the affiliate also has a direct or indirect data sources, gather and maintain the data needed, and complete and review 1. The authority citation for 15 CFR ownership in a BHC (or other banking Part 806 continues to read as follows: activities such as U.S. wholesale or the collection of information. The limited purpose banks). In these burden estimates used in this Authority: 5 U.S.C. 301; 22 U.S.C. 3101– instances, the BHC, including all of its submission are based upon experience 3108; and E.O. 11961 (3 CFR, 1977 Comp., subsidiaries or units, will file on the with the same quarterly survey forms for p. 86), as amended by E.O. 12013 (3 CFR, BE–605 Bank form and the nonbanking several years and upon the burden 1977 Comp., p. 147), E.O. 12318 (3 CFR, 1981 operations not owned by the BHC will estimates developed at the time of the Comp., p. 173), and E.O. 12518 (3 CFR, 1985 file on the BE–605 form. (2) Add benchmark survey. Comp., p. 348). questions to the BE–605 Bank form to Comments are requested concerning: collect data on loans from or to the (a) Whether the proposed collection of 2. Section 806.15 (h)(1) and (2) are foreign parent group by certain information is necessary for the proper revised to read as follows: nonbanking subsidiaries (e.g., insurance performance of the functions of the agency, including whether the § 806.15 Foreign direct investment in the companies) included in the United States. consolidated report to maintain information will have practical utility; * * * * * consistency of the U.S. international (b) the accuracy of the burden estimate; transactions accounts with international (c) ways to enhance the quality, utility, (h) * * * and clarity of the information collected; statistical standards and avoid gaps in (1) BE–605—Transactions of U.S. coverage. (3) Add questions to the BE– and (d) ways to minimize the burden of the collection of information on the Affiliate, Except a U.S. Banking 605 Bank form to collect detail on Affiliate, With Foreign Parent: One intercompany premiums earned and respondents, including the use of automated collection techniques or report is required for each U.S. affiliate claims payable for insurance companies exceeding an exemption level of included in the consolidated report. other forms of information technology. Comments should be addressed to: $30,000,000, that does not qualify for Executive Order 13132 Director, Bureau of Economic Analysis reporting on form BE–605 Bank. This proposed rule does not contain (BE–1), U.S. Department of Commerce, (2) BE–605 Bank—Transactions of policies with Federalism implications, Washington, DC 20230; and to the U.S. Banking Affiliate with Foreign as that term is defined in E.O. 13132. Office of Management and Budget, Parent: One report is required for each O.I.R.A., Paperwork Reduction Project U.S. banking affiliate or U.S. bank Executive Order 12866 0608–0009, Washington, DC 20503 holding company affiliate, including all These proposed rules have been (Attention PRA Desk Officer for BEA). of the subsidiaries and units of the bank determined to be not significant for Regulatory Flexibility Act holding company, exceeding an purposes of E.O. 12866. exemption level of $30,000,000. The Chief Counsel for Regulation, Paperwork Reduction Act Department of Commerce, has certified * * * * * This proposed rule contains a new to the Chief Counsel for Advocacy, [FR Doc. 02–26220 Filed 10–15–02; 8:45 am] collection-of-information requirement Small Business Administration, under BILLING CODE 3510–06–P

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DEPARTMENT OF THE TREASURY Firearms, 650 Massachusetts Avenue, administration of part 55. Section NW., Washington, DC 20226 (202–927– 55.109(b) also provides that the Director Bureau of Alcohol, Tobacco and 8210). may authorize the use of other means of Firearms SUPPLEMENTARY INFORMATION: identification on fireworks instead of the required markings specified above. I. Background 27 CFR Part 55 The current regulations, however, do [Notice No. 956; Ref: Notice No. 906] The Bureau of Alcohol, Tobacco and not require the marking of imported Firearms (ATF) is responsible for explosive materials. RIN 1512–AC25 implementing Title XI, Regulation of Explosives (18 United States Code A. Petition—Institute of Makers of Identification Markings Placed on (U.S.C.) chapter 40), of the Organized Explosives Imported Explosive Materials and Crime Control Act of 1970. One of the The Institute of Makers of Explosives Miscellaneous Amendments (2000R– stated purposes of the Act is to reduce (IME) filed a petition with ATF, dated 238P) the hazards to persons and property March 7, 2000, requesting an AGENCY: Bureau of Alcohol, Tobacco arising from the misuse of explosive amendment of the regulations to require and Firearms (ATF), Department of the materials. Under section 847 of title 18, licensed importers to place the same Treasury. U.S.C., the Secretary of the Treasury identification marks on imported ‘‘may prescribe such rules and ACTION: Notice of proposed rulemaking. explosive materials that are currently regulations as he deems reasonably required for explosive materials SUMMARY: The Bureau of Alcohol, necessary to carry out the provisions of manufactured in the United States. As Tobacco and Firearms (ATF) is this chapter.’’ Regulations that stated in the petition, IME is the safety proposing to amend its regulations to implement the provisions of chapter 40 association of the commercial require licensed importers to identify by are contained in title 27, Code of explosives industry. Its mission is to marking all imported explosive Federal Regulations (CFR), part 55 promote safety and the protection of materials. ATF believes that the (‘‘Commerce in Explosives’’). employees, users, the public and the proposed marking requirements will The term ‘‘explosive materials,’’ as environment, and to encourage the help ensure that imported explosive defined in section 55.11, means adoption of uniform rules and materials can be effectively traced for explosives, blasting agents, water gels, regulations in the manufacture, criminal enforcement purposes. We are and detonators. The term includes, but transportation, storage, handling, use, is not limited to, all items in the ‘‘List also proposing to incorporate into the and disposal of explosive materials used of Explosive Materials’’ provided for in regulations the provisions of ATF in blasting and other operations. section 55.23. Section 55.202 provides Ruling 75–35, relating to methods of for three classes of explosive materials: According to the petitioner, marking containers of explosive (1) High explosives (e.g., dynamite, flash commerce in explosives is a global materials. In addition, we are proposing powders, and bulk salutes), (2) low enterprise and it expects the quantity of to amend the regulations to remove the explosives (e.g., black powder, safety imported explosives to increase over requirement that a licensee or permittee fuses, igniters, igniter cords, fuse time. For example, the petitioner stated file for an amended license or permit in lighters, and display fireworks (except that between 1994 and 1997, imports of order to change the class of explosive bulk salutes)), and (3) blasting agents high explosives increased 14-fold to materials described in their license or (e.g., ammonium nitrate-fuel oil and account for approximately 17 percent of permit from a lower to a higher certain water gels). all high explosives used annually in the classification. Section 55.109 requires licensed United States. IME further stated that DATES: ATF must receive all comments manufacturers of explosive materials to while unmarked high explosives may on or before January 14, 2003. legibly identify by marking all explosive have entered the United States over the years, it was not until 1999 that the ADDRESSES: Send written comments to: materials manufactured for sale or association became aware of significant Chief, Regulations Division; Bureau of distribution. The marks required by this quantities of unmarked cast boosters Alcohol, Tobacco and Firearms; P.O. section include the identity of the being imported into the country. IME Box 50221; Washington, DC 20091– manufacturer and the location, date, and contended that, by the end of 1999, 0221; Attn: Notice No. 956. Written shift of manufacture. This section also about two million unmarked units had comments must be signed and may be provides that licensed manufacturers been distributed in the United States. of any length. must place the required marks on each cartridge, bag, or other immediate The petitioner further stated that many E-mail comments may be of any container of explosive materials for sale more thousands of tons of these high length and should be submitted to: or distribution, as well as on the outside explosives are expected to be imported [email protected]. E-mail container, if any, used for their into the United States in the near future. comments must contain your name, packaging. Without a change in the regulations, mailing address, and e-mail address. Exceptions to the marking IME is concerned that these explosives They must also reference this notice requirements are provided in section will enter into the commerce of the U.S. number and be legible when printed on 55.109(b). Licensed manufacturers of without marks of identification, posing 1 × paper that is 8 ⁄2’’ 11’’ in size. We will blasting caps are only required to place significant safety and security risks to treat e-mail as originals and we will not the required identification marks on the the public. Although IME informed ATF acknowledge receipt of e-mail. See the containers used for the packaging of that many of its member companies ‘‘Public Participation’’ section at the end blasting caps. In addition, the Director importing explosives into the U.S. mark of this notice for requirements for may authorize other means of their imported explosive materials in an submitting written comments by identifying explosive materials upon effort to ensure the traceability and facsimile. receipt of a letter application from the accountability of the materials, it FOR FURTHER INFORMATION CONTACT: licensed manufacturer showing that believes that all imported explosive James P. Ficaretta, Regulations Division, other identification is reasonable and materials should be appropriately Bureau of Alcohol, Tobacco and will not hinder the effective identified. Therefore, it petitioned ATF

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to amend the Federal explosives believes that the name and address of identification markings to those currently regulations. the importer, the name of the country in required for domestic manufactured By letter dated August 2, 2000, IME which the explosive materials were explosive materials. amended its petition to narrow its scope manufactured, and the date that the The petitioner, IME, submitted the to importers of high explosives and explosive materials were manufactured third comment. IME reiterated its blasting agents. IME stated that it did would be sufficient. position that imported high explosives not understand that the scope of its 5. Assuming that any required and blasting agents should contain the initial petition would apply to importers identification marks must be placed on same identification markings prescribed of low explosives. IME noted that it has each cartridge, bag, or other immediate in the regulations for domestically a specific standard recommending that container of explosive materials that are manufactured explosives. high explosives and blasting agents be imported, as well as on any outside IME also included an attachment as marked with a date/plant/shift code. container used for their packaging, is it part of its comment that provided feasible for a U.S. importer to place the B. Discussion responses to the questions posed by required marks on foreign explosive ATF in the advance notice. In response In an effort to protect the public from materials? to ATF’s inquiry as to whether all the misuse of explosive materials, ATF 6. How many importers would be imported explosives should be marked generally requires domestic explosives affected by a requirement to place or if there should be an exception for manufacturers to mark all explosive identification markings on foreign certain classes of explosives, e.g., low materials with specific information, explosive materials? explosives, IME stated that it had no including the name of manufacturer, 7. Of those importers that would be position on explosive materials other and the location, date, and shift of affected by such a requirement, how than high explosives and blasting manufacture. Generally, licensees and many would be considered a ‘‘small agents. Regarding what identification permittees must record the business concern’’ as provided in the marks, if any, are currently being placed manufacturer’s marks of identification Small Business Act (15 U.S.C. 631, et on imported explosives, IME stated that on all explosives they receive. These seq.)? nearly all explosive materials imported requirements help ensure that explosive 8. What would be the cost burden by its member companies have markings materials can be effectively traced for imposed on importers for purchasing or similar to those prescribed in the criminal enforcement purposes through leasing equipment for marking foreign regulations for domestically the records kept by licensees and explosive materials, including manufactured explosives. It then permittees. This process often provides installation and operation? provided examples of the import valuable information in explosion and 9. What would the cost be for marking policies of IME member bombing investigations and is useful for importers to contract with a foreign companies. In one instance, an IME inspection purposes in verifying manufacturer to place the required member company imports shaped inventory and proper business practices. marks on explosive materials on behalf charges that are marked on the outer However, as noted, the current of the importer? package by the manufacturer with the The comment period for Notice No. regulations do not require that imported following information: explosive materials be marked. 906 closed on January 12, 2001. 1. Manufacturer’s name, address, and C. Advance Notice of Proposed D. Notice No. 906—Analysis of phone number; Rulemaking Comments 2. Date of manufacture; Based on IME’s petition, ATF In response to Notice No. 906, ATF 3. Product name and part number; published in the Federal Register on received three comments. Two 4. Transportation classification approval November 13, 2000, an advance notice commenters argued that licensed numbers; of proposed rulemaking requesting importers should place the same or 5. Gross weight, net weight, and information and comments from similar identification marks on explosive weight; interested persons on the desirability imported explosive materials that are 6. Proper Shipping Name and UN ID#; and feasibility of marking imported currently required for explosive and explosive materials (Notice No. 906, 65 materials manufactured in the United 7. Importer’s name and address (as FR 67669). Although we solicited States. One of these commenters consignee). specific comments on the following expressed his opinion that ‘‘explosive Inside the package, the foreign questions, we also requested any items imported into the United States manufacturer places a label (loosely, not relevant information on the subject. should have identification markings. attached to the inner packaging) that 1. Should explosive materials Where there is no marking, there is no states all of the above mentioned imported into the United States contain ability to trace the item.’’ The other information, except for items one and identification markings? commenter, the International seven. 2. Should all imported explosive Association of Bomb Technicians and In another example, an IME member materials be marked, or should certain Investigators, representing over 4,500 company requires sister companies to classes of explosive materials, such as members, stated the following: mark explosives with a date, plant, and low explosives, be exempt? If you Identification markings placed on shift code before importation into the believe certain classes of explosives explosive materials serve to protect the United States. The explosives are also should be exempt from marking, please public from the misuse of such materials and marked with the trade name and size. provide the reason(s) why such an assist in effective tracking and inventory The outer packaging is marked with the exemption is consistent with public control for their lawful users. Moreover, country of manufacture and the safety. these identification markings serve to manufacturer’s name. This full-line facilitate bombing investigations leading to company requires imported explosives 3. What identification marks, if any, the apprehension of persons involved in the are currently being placed on imported misuse of explosive materials. from other manufacturers to be marked explosive materials? As imported explosive materials may be with the trade name, lot number or date, 4. What information should appear on subject to misuse, it makes sense to insure and product identification. In a third imported explosive materials? ATF that they possess essentially similar instance, an IME member company

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imports a very small amount of explosive materials. In its comment, cause an undue burden to small explosives that are already marked in IME stated that it would be cost businesses. accordance with United States prohibitive for U.S. importers to II. Proposed Amendments requirements. actually place the required marks on As stated in the advance notice, ATF high explosives and blasting agents. IME A. Amendments to Section 55.109 believes that the name and address of also stated that it is not aware of any In an effort to protect the public from the importer, the name of the country in U.S. importers that mark individual the misuse of explosive materials, to which the explosive materials were units of high explosives and blasting more easily identify explosive materials, manufactured, and the date that the agents at any time other than the point and to successfully trace misused explosive materials were manufactured of manufacture. Furthermore, the explosive materials or explosive would be sufficient. In response to our commenter noted that it is ‘‘much less materials used in crimes, ATF believes question regarding what information safe to mark at any time other than the that all explosive materials should should appear on imported explosives, point of manufacture and * * * contain marks of identification. As IME stated that the same information importers may not know required mentioned in the advance notice, required on domestically manufactured information such as the shift of explosive materials that contain high explosives and blasting agents manufacture.’’ identification marks can be tracked (identity of the manufacturer, and ATF asked how many importers location, date, and shift of manufacture) through the records kept by licensees would be affected by a requirement to and permittees. This process often should appear on imported high place identification markings on foreign explosives and blasting agents. The provides valuable information in explosive materials and, of those investigations involving bombings and commenter further stated that it did not importers that would be affected by see any benefit in requiring the explosions and is useful for inspection such a requirement, how many would purposes in verifying inventory and importer’s name and address and argued be considered a ‘‘small business that this creates inconsistent and proper business practices. concern’’ as provided in the Small ATF recognizes that the importation additional requirements for importers. Business Act. IME responded that an of explosive materials and the use of IME also explained that identifying the IME member that imports explosives imported explosives by explosive users manufacturer of explosives is routine and is a small business would not be and industry members are becoming while placing the importer’s name and affected by a requirement to place increasingly more common. ATF shares address on the products is not and identification markings on foreign IME’s concern that these explosives are could be prohibitive. In addition, IME explosives because the company entering into the commerce of the U.S. contends that one of the benefits of the specifies that the product must be without marks of identification, posing current required markings is marked in accordance with ATF significant safety and security risks to manufacturer accountability in the use regulations prior to importation into the the public. As such, ATF believes that of explosive materials. United States. IME believes that imported high all explosive materials imported into the explosives and blasting agents should be In response to ATF’s inquiry United States, including low explosives, marked with the shift of manufacture for regarding cost burdens that would be should contain identification marks the following reasons: imposed on importers for purchasing or similar to those required for leasing equipment for marking foreign domestically manufactured explosives. The shift of manufacture markings divide explosives, IME stated that it does not Accordingly, we are proposing to lot sizes of a particular high explosive or blasting agent into quantities that make two expect any importers of commercial amend section 55.109 to provide that major benefits of marking possible. These high explosives or blasting agents to licensed importers and permittees must benefits are traceability for evidentiary and purchase or lease equipment to mark identify by marking all explosive technical purposes. Modern explosives foreign explosives. Rather, the materials they import for sale or plants are capable of producing millions of commenter recommended ‘‘that the distribution, or import for their own pounds of explosives per day. Huge lot sizes markings be placed on the products by use. The required marks must be legible of one particular high explosive or blasting the foreign manufacturer during the and in the English language, using agent makes (1) too many people part of the custody chain and may dilute the manufacturing process.’’ In that regard, Roman letters and Arabic numerals. The effectiveness of evidence, and (2) makes it ATF also asked in the advance notice marks must identify the importer’s or impossible to trace a quality control problem what would be the cost for importers to permittee’s name and address, the to a specific manufacturing process for contract with a foreign manufacturer to location (city and country) where the corrective action. place the required marks on explosive explosive materials were manufactured, Another commenter also materials on behalf of the importer. IME as well as the date and shift of recommended that imported explosives responded that it does not collect or manufacture. ATF believes that the be marked with a date/shift code. identify data that relates to price commenters presented valid arguments IME believes that the current information such as the cost of bringing in support of requiring the date and exceptions to the marking requirements a product to market. Following its initial shift of manufacture for imported provided in the regulations for comment, IME submitted estimated cost explosive materials. ATF is not domestically manufactured explosives information both for equipment and for proposing to require the name of the should apply to imported explosives as marking imported explosives. IME foreign manufacturer on imported well. explained, however, that marks of explosives as requested by IME. Rather, Assuming that any required identification ordinarily are applied at we believe that the identity of the identification marks must be placed on the time of manufacture. As a result, importer is necessary to help ensure that each cartridge, bag, or other immediate U.S. importers likely would structure explosive materials can be effectively container of explosive materials that are contracts with foreign manufacturers to traced for criminal enforcement imported, as well as on any outside effect the marking at the time of purposes. Furthermore, ATF does not container used for their packaging, ATF manufacture resulting in reduced costs have regulatory oversight over foreign asked if it is feasible for a U.S. importer for U.S. importers. As such, this cost manufacturers, particularly with respect to place the required marks on foreign burden would not significantly affect or to their recordkeeping practices.

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As noted earlier, licensees and his or her license from a lower to a a substantial number of small entities. permittees must record the higher classification (e.g., black powder Small entities include small businesses, manufacturer’s marks of identification to dynamite) must file an application on small not-for-profit enterprises, and on all explosives they receive. This ATF Form 5400.13/ATF Form 5400.16 small governmental jurisdictions. We requirement helps ensure that explosive (Application for License or Permit) with hereby certify that this proposed materials can be effectively traced for the ATF National Licensing Center. If regulation, if adopted, will not have a criminal enforcement purposes. This the change in class of explosive significant economic impact on a process is also useful for ATF materials would require a change in substantial number of small entities. As inspection purposes in verifying magazines, the amended application noted in IME’s comment, U.S. importers inventory and proper conduct of must include a description of the type that are considered small businesses business practices. of construction as prescribed in part 55. should not be significantly affected by As proposed, the required marks must Business or operations with respect to the proposed regulations because the be placed on each cartridge, bag, or the new class of explosive materials foreign-manufactured explosives they other immediate container of explosive may not be commenced before issuance import will already be marked in materials that are imported, as well as of the amended license or amended accordance with the provisions of on any outside container used for their permit. Finally, upon receipt of the section 55.109. Accordingly, a packaging. This is consistent with amended license or amended permit, regulatory flexibility analysis is not current requirements for domestically the licensee or permittee must submit required. We specifically request manufactured explosives. The proposed his or her superseded license or comments on whether small importers regulations also provide that the superseded permit and any copies expect foreign explosives manufacturers required marks of identification must be furnished with the license or permit to to mark their explosives consistent with placed on imported explosive materials the ATF National Licensing Center. this proposed rule even though they are within 24 hours of release from Customs ATF personnel have frequently not legally subject to its requirements. custody. encountered instances where the class C. Paperwork Reduction Act In addition, under the proposed of explosives listed on a particular regulations, the exceptions to the explosives license is inconsistent with The collections of information marking requirements currently the type of explosive materials involved contained in this notice of proposed specified in the regulations will apply to in a particular business’ operations. The rulemaking have been submitted to the imported explosive materials as well. license classification system contained Office of Management and Budget for ATF is also proposing other in section 55.55 has also caused review in accordance with the amendments to section 55.109. We are confusion throughout the explosives Paperwork Reduction Act of 1995 (44 clarifying that licensed manufacturers industry as it is related to classification U.S.C. 3507(d)). Comments on the must place the required marks of of explosive materials distributed, collections of information should be identification on the explosive materials imported, or used, and the class of sent to the Office of Management and at the time of manufacture. We are also explosives authorized by the license or Budget, Attention: Desk Officer for the proposing to incorporate into the permit. Bureau of Alcohol, Tobacco and regulations the provisions of ATF Accordingly, ATF is proposing to Firearms, Office of Information and Ruling 75–35 (1975-ATF C.B. 65). This remove section 55.55. ATF believes that Regulatory Affairs, Washington, DC ruling authorizes any method, or removing this section will provide more 20503, with copies to the Chief, combination of methods, for affixing the flexibility to the explosives industry in Document Services Branch, Room 3110, required marks to the immediate terms of the classes of explosive Bureau of Alcohol, Tobacco and container of explosive materials, or materials involved in their businesses, Firearms, at the address previously outside containers used for the while not reducing the requirement to specified. Comments are specifically packaging thereof, provided the store explosive materials in accordance requested concerning: identifying marks are legible, show all with the regulations contained in (a) Whether the proposed collections the required information, and are not subpart K. Technical amendments are of information are necessary for the rendered unreadable by extended being made with respect to section proper performance of the functions of periods of storage. The ruling also 55.41 in order to be consistent with the the Bureau of Alcohol, Tobacco and provides that where it is desired to proposed amendment of section 55.55. Firearms, including whether the utilize a coding system and omit printed information will have practical utility; markings on the containers, a letterhead III. How This Document Complies With (b) The accuracy of the estimated application displaying the coding to be the Federal Administrative burden associated with the proposed used and the manner of its application Requirements for Rulemaking collections of information (see below); must be filed by the licensed (c) How the quality, utility, and A. Executive Order 12866 manufacturer with, and approved by, clarity of the information to be collected the Director prior to the use of the We have determined that this may be enhanced; and proposed coding. Finally, the ruling proposed regulation is not a significant (d) How the burden of complying provides that where a manufacturer regulatory action as defined by with the proposed collections of operates his/her plant for only one shift Executive Order 12866. Therefore, a information may be minimized, during the day, the shift of manufacture Regulatory Assessment is not required. including through the application of automated collection techniques or need not be shown. Upon the effective B. Regulatory Flexibility Act date of a final rule in this matter, ATF other forms of information technology. Ruling 75–35 will be declared obsolete. The Regulatory Flexibility Act (RFA) The collections of information in this requires an agency to conduct a proposed regulation are in 27 CFR B. Miscellaneous—Amendment of regulatory flexibility analysis of any rule 55.109(a)(2). This information is Sections 55.55 and 55.41 subject to notice and comment required to properly identify imported Section 55.55 provides that a licensee rulemaking requirements unless the explosive materials. The collections of or permittee who intends to change the agency certifies that the rule will not information are mandatory. The likely class of explosive materials described in have a significant economic impact on respondents are businesses.

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• Estimated total annual reporting notice of proposed rulemaking will be PART 55—COMMERCE IN and/or recordkeeping burden: 45 hours. available for public inspection by EXPLOSIVES • Estimated average burden hours per appointment during normal business respondent and/or recordkeeper: 1 hour. hours at: ATF Reference Library, Room 1. The authority citation for 27 CFR • Estimated number of respondents 6480, 650 Massachusetts Avenue, NW., part 55 continues to read as follows: and/or recordkeepers: 15. Washington, DC; telephone 202–927– Authority: 18 U.S.C. 847. • Estimated annual frequency of 7890. responses: 3. § 55.41 [Amended] An agency may not conduct or For your convenience, ATF will post 2. Section 55.41(c) is amended by sponsor, and a person is not required to comments received in response to this removing ‘‘of the class authorized by respond to, a collection of information notice on the ATF web site. All this permit’’ at the end of the second unless it displays a valid control comments posted on our web site will sentence. number assigned by the Office of show the name of the commenter, but Management and Budget. will have street addresses, telephone Subpart D—[Amended] numbers, and e-mail addresses IV. Public Participation removed. We may also omit voluminous 3. Subpart D is amended by removing We are requesting comments on the attachments or material that we do not section 55.55. proposed regulations from all interested consider suitable for posting. In all 4. Section 55.109 is revised to read as persons. In addition, we are specifically cases, the full comments will be follows: requesting comments on the clarity of available in the library as noted above, this proposed rule and how it may be § 55.109 Identification of explosive or you may request copies of the full materials. made easier to understand. comments by writing to the ATF Comments received on or before the Reference Librarian at the address (a) General. Explosive materials, whether manufactured in the United closing date will be carefully shown above. To access online copies of considered. Comments received after States or imported, must contain certain the comments on this rulemaking, visit that date will be given the same marks of identification. http://www.atf.treas.gov/, and select consideration if it is practical to do so, (b) Required marks. (1) Licensed ‘‘Regulations,’’ then ‘‘Notices of but assurance of consideration cannot manufacturers. Licensed manufacturers proposed rulemaking (Firearms, be given except as to comments received who manufacture explosive materials Explosives and Others)’’ and this notice on or before the closing date. for sale, distribution, or their own use ATF will not recognize any material number. Click on the ‘‘View comments’’ must place the following marks of in comments as confidential. Comments link. identification on explosive materials at may be disclosed to the public. Any D. Regulation Identification Number the time of manufacture: material that the commenter considers (i) The name of the manufacturer; and to be confidential or inappropriate for A regulation identification number (ii) The location, date, and shift of disclosure to the public should not be (RIN) is assigned to each regulatory manufacture. Where a manufacturer included in the comment. The name of action listed in the Unified Agenda of operates his plant for only one shift the person submitting a comment is not Federal Regulations. The Regulatory during the day, he does not need to exempt from disclosure. Information Service Center publishes show the shift of manufacture. A. Submitting Comments by Fax the Unified Agenda in the Federal (2) Licensed importers and permittees. Register in April and October of each (i) Licensed importers who import You may submit written comments by year. The RIN contained in the heading explosive materials for sale or facsimile transmission to (202) 927– of this document can be used to cross- distribution or their own use and 8602. Facsimile comments must: reference this action with the Unified permittees who import explosive • Be legible; Agenda. materials for their own use must place • Reference this notice number; the following marks of identification on • Be 81⁄2″ x 11″ in size; E. Drafting Information • Contain a legible written signature; the explosive materials they import: and The author of this document is James (A) The name and address (city and • Be not more than five pages long. P. Ficaretta, Regulations Division, state) of the importer or permittee; and We will not acknowledge receipt of Bureau of Alcohol, Tobacco and (B) The location (city and country) facsimile transmissions. We will treat Firearms. where the explosive materials were facsimile transmissions as originals. manufactured, date, and shift of List of Subjects in 27 CFR Part 55 manufacture. Where the foreign B. Request for Hearing manufacturer operates his plant for only Administrative practice and Any interested person who desires an one shift during the day, he does not procedure, Authority delegations, need to show the shift of manufacture. opportunity to comment orally at a Customs duties and inspection, (ii) The required marks for imported public hearing should submit his or her Explosives, Hazardous materials, explosive materials must be in the request, in writing, to the Director Imports, Penalties, Reporting and within the 90-day comment period. The English language, using Roman letters recordkeeping requirements, Safety, and Arabic numerals. Director, however, reserves the right to Security measures, Seizures and determine, in light of all circumstances, (iii) Within 24 hours of the date of forfeitures, Transportation, and whether a public hearing is necessary. release from Customs custody, licensed Warehouses. importers and permittees must place the C. Disclosure Authority and Issuance required marks on all explosive Copies of the petition, the advance materials imported, if such explosive notice, the comments received in For the reasons discussed in the materials did not bear the required response to the advance notice and the preamble, ATF proposes to amend 27 marks at the time of their release from comments received in response to this CFR part 55 as follows: Customs custody.

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(c) General requirements. (1) The ENVIRONMENTAL PROTECTION on EPA’s Planned Proposed Rule for required marks prescribed in this AGENCY Effluent Limitation Guidelines and section must be legible. Standards for the Construction and 40 CFR Parts 122 and 450 (2) Licensed manufacturers, licensed Development Industry.’’ October 12, 2001. importers, and permittees importing [FRL–7394–2] explosive materials must place the EPA established the public record for RIN 2040–AD42 required marks on each cartridge, bag, the proposed rule under docket number or other immediate container of W–02–06. The record is available for Effluent Limitation Guidelines and New inspection at the EPA Docket Public explosive materials that they Source Performance Standards for the Reading Room, EPA West Building, manufacture or import, as well as on Construction and Development Room B102, 1301 Constitution Avenue, any outside container used for the Category; Proposed Rule NW, Washington, DC 20004. Please call packaging of such explosive materials. AGENCY: Environmental Protection the Water Docket office at (202) 566– (3) Licensed manufacturers, licensed Agency (EPA). 2426 to schedule an appointment. importers, and permittees importing Please bring any hand-delivered ACTION: Proposed rule; extension of explosive materials may use any comments to the Public Reading Room comment period and addition to docket. method, or combination of methods, to address. affix the required marks to the SUMMARY: EPA is extending the Comments may also be sent via e-mail immediate container of explosive comment period for the proposed rule to [email protected]. Electronic materials, or outside containers used for and adding two documents to the comments must be identified by the the packaging thereof, provided the rulemaking docket. docket number W–02–06 and must be submitted as a WordPerfect, MS Word identifying marks are legible, show all DATES: Comments on the proposed rule or ASCII text file, avoiding the use of the required information, and are not will be accepted through December 23, special characters and any form of rendered unreadable by extended 2002. periods of storage. encryption. EPA requests that any ADDRESSES: Submit written comments graphics included in electronic (4) If licensed manufacturers, licensed to Comment Clerk, Water Docket comments also be provided in hard- importers or permittees importing (4101T), U.S. EPA, 1200 Pennsylvania copy form. EPA also will accept explosive materials desire to use a Ave., NW, Washington, DC 20460. comments and data on disks in the coding system and omit printed Please refer to Docket No. W–02–06. aforementioned file formats. Electronic markings on the container, they must EPA requests an original and three comments received on this document file with ATF a letterhead application copies of your comments and enclosures may be filed online at many Federal displaying the coding that they plan to (including references). Commenters who Depository Libraries. No confidential use and explaining the manner of its want EPA to acknowledge receipt of business information (CBI) should be application. The Director must approve their comments should enclose a self- sent by e-mail. the application before the proposed addressed, stamped envelope. No Additional information on the coding can be used. facsimiles (faxes) will be accepted. For proposed rule is available on EPA’s Web hand deliveries or e-mail comments, see site at http://www.epa.gov/ (d) Exceptions. (1) Blasting caps. the SUPPLEMENTARY INFORMATION. waterscience/guide/construction/. Licensed manufacturers, licensed paragraph below. Dated: October 9, 2002. importers, or permittees importing FOR FURTHER INFORMATION CONTACT: Mr. G. Tracy Mehan III, blasting caps, are only required to place Eric Strassler at (202) 566–1026. the identification marks prescribed in Assistant Administrator for Water. SUPPLEMENTARY INFORMATION: On June this section on the containers used for [FR Doc. 02–26302 Filed 10–15–02; 8:45 am] 24, 2002 (67 FR 42644), EPA proposed the packaging of blasting caps. effluent guidelines and standards for BILLING CODE 6560–50–P (2) Alternate means of identification. storm water discharges from The Director may authorize other means construction sites. The original of identifying explosive materials, comment deadline was October 22, FEDERAL EMERGENCY including fireworks, upon receipt of a 2002. EPA received requests to extend MANAGEMENT AGENCY letter application from the licensed the comment period and the Agency has 44 CFR Part 67 manufacturer, licensed importer, or decided to do so due to the complexity permittee, showing that such other of the issues involved with the proposed [Docket No. FEMA–B–7430] identification is reasonable and will not rule and its implementation. The comment period will now end on Proposed Flood Elevation hinder the effective administration of Determinations this part. December 23, 2002. EPA identified two documents which AGENCY: Federal Emergency Signed: August 14, 2002. it considered during the development of Management Agency (FEMA). Bradley A. Buckles, the proposed rule but inadvertently ACTION: Proposed rule. Director. omitted from the rulemaking docket. Approved: September 16, 2002. These documents are now available for SUMMARY: Technical information or Timothy E. Skud, public review. comments are requested on the 1. National Association of Home proposed Base (1% annual chance) Deputy Assistant Secretary (Regulatory, Tariff Builders, ’’Erosion and Sediment Flood Elevations (BFEs) and proposed and Trade Enforcement). Control Best Management Practices BFE modifications for the communities [FR Doc. 02–26253 Filed 10–15–02; 8:45 am] Research Project.’’ Washington, DC, listed below. The BFEs and modified BILLING CODE 4810–31–P 2000. BFEs are the basis for the floodplain 2. EPA, ‘‘Final Report of the SBREFA management measures that the Small Business Advocacy Review Panel community is required either to adopt

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or to show evidence of being already in stringent in their floodplain Section 3(f) of Executive Order 12866 of effect in order to qualify or remain management requirements. The September 30, 1993, Regulatory qualified for participation in the community may at any time enact Planning and Review, 58 FR 51735. National Flood Insurance Program stricter requirements of its own, or (NFIP). pursuant to policies established by other Executive Order 12612, Federalism DATES: The comment period is ninety Federal, State, or regional entities. This proposed rule involves no (90) days following the second These proposed elevations are used to policies that have federalism meet the floodplain management publication of this proposed rule in a implications under Executive Order requirements of the NFIP and are also newspaper of local circulation in each 12612, Federalism, dated October 26, used to calculate the appropriate flood community. 1987. insurance premium rates for new ADDRESSES: The proposed BFEs for each buildings built after these elevations are Executive Order 12778, Civil Justice community are available for inspection made final, and for the contents in these at the office of the Chief Executive Reform buildings. Officer of each community. The This proposed rule meets the respective addresses are listed in the National Environmental Policy Act applicable standards of Section 2(b)(2) following table. This proposed rule is categorically of Executive Order 12778. FOR FURTHER INFORMATION CONTACT: excluded from the requirements of 44 Matthew B. Miller, P.E., Chief, Hazards CFR part 10, Environmental List of Subjects in 44 CFR Part 67 Study Branch, Federal Insurance and Consideration. No environmental Administrative practice and Mitigation Administration, FEMA, 500 impact assessment has been prepared. C Street SW., Washington, DC 20472, procedure, Flood insurance, Reporting (202) 646–3461, or (e-mail) Regulatory Flexibility Act and recordkeeping requirements. [email protected]. The Administrator, Federal Insurance Accordingly, 44 CFR Part 67 is SUPPLEMENTARY INFORMATION: FEMA and Mitigation Administration certifies proposed to be amended as follows: proposes to make determinations of that this proposed rule is exempt from BFEs and modified BFEs for each the requirements of the Regulatory PART 67—[AMENDED] community listed below, in accordance Flexibility Act because proposed or with Section 110 of the Flood Disaster modified BFEs are required by the Flood 1. The authority citation for Part 67 Protection Act of 1973, 42 U.S.C. 4104, Disaster Protection Act of 1973, 42 continues to read as follows: and 44 CFR 67.4(a). U.S.C. 4104, and are required to Authority: 42 U.S.C. 4001 et seq.; These proposed BFEs and modified establish and maintain community Reorganization Plan No. 3 of 1978, 3 CFR, BFEs, together with the floodplain eligibility in the NFIP. No regulatory 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, management criteria required by 44 CFR flexibility analysis has been prepared. 3 CFR, 1979 Comp., p. 376, § 67.4 60.3, are the minimum that are required. They should not be construed to mean Regulatory Classification 2. The tables published under the that the community must change any This proposed rule is not a significant authority of § 67.4 are proposed to be existing ordinances that are more regulatory action under the criteria of amended as follows:

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

California ...... Colusa County ...... Elk Creek ...... At confluence with Salt Creek ...... None *138 Approximately 1,250 feet downstream of None *156 Reddington Road. Salt Creek ...... Just upstream of Interstate 5 southbound None *125 Approximately 1,250 feet upstream of None *172 Hillgate Road. Stone Corral Creek ...... Right overbank overflow at landing strip None *87 in NW corner of Section 34, Township 17N, Range 3W. Approximately 350 feet upstream of Cem- None *102 etery Road. Stone Corral Creek, Right Right overbank overflow at landing strip None *87 Overbank. in NW corner of Section 34, Township 17N, Range 3W. Approximately 350 feet upstream of Cem- None *102 etery Road. Stone Corral Creek, Left Approximately 2,200 feet downstream of None *90 Overbank. Interstate 99. Approximately 350 feet of Cemetery None *102 Road. Salt Creek, Right Approximately 300 feet west of the inter- None *128 Overbank. section of Bailey Road and Southern Pacific Railroad. Approximately 2,500 feet southwest of None #1 intersection of Hillgate Road and Al- mond Avenue.

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

Salt Creek, Left Overbank Approximately 1,700 feet north of con- None #1 fluence of Salt Creek and Elk Creek. Approximately 1,700 feet west of inter- None #1 section of Hillgate Road and Almond Avenue. Local Ponding...... Approximately 1,000 feet southwest of None #1 Maxwell Sites Road and Interstate 5. Approximately 1,500 feet northwest of None *87 Maxwell Sites Road and Interstate 5. Approximately 1,700 feet west of inter- None *89 section of E Street and Venice Boule- vard. Approximately 1,100 feet east of con- None *90 fluence of Salt Creek and Spring Creek. Just upstream of intersection of Maxwell None *88 Sites Road and Southern Pacific Rail- road. At intersection of Finks Road and Ceme- None #2 tery Road. Approximately 1,000 feet northeast of None #1 Hillgate Road and Interstate 5. Approximately 1,200 feet southwest of None #1 Hillgate Road and Interstate 5. Approximately 2,300 feet east of Hillgate None #1 Road and Southern Pacific Railroad. Approximately 1,200 feet east of Hillgate None #2 Road and Southern Pacific Railroad. Approximately 1,500 feet west of Hillgate None #1 Road and Southern Pacific Railroad. Maps are available for inspection at the Colusa County Courthouse Office of County Clerk, 547 Market Street, or the Coulsa County Depart- ment of Public Works, 1215 Market Street, Colusa, California 95932. Send comments to Mr. John Wrysinski, Interim Director, Colusa County, Department of Public Works, 1215 Market Street, Colusa, California 95932.

California ...... Tehama County..... Reeds Creek...... Approximately 250 feet upstream of None *285 Paskenta Road. Approximately 1,000 feet upstream of None *309 confluence of Pine Creek. Maps are available for inspection at the Tehama County Building Department, 444 Oak Street, Red Bluff, California 96080. Send comments to The Honorable Rick Robinson, Chief Administrator, Tehama County, P.O. Box 927, Red Bluff, California 96080.

North Dakota ...... Langdon (City), Mulberry Creek ...... Approximately 250 feet downstream of None +1,597 Cavalier County. Highway 5. Confluence of 5th Street Coulee ...... None +1,600 Just downstream of Highway 1 ...... None +1,608 ND Highway 1 Ditch...... Approximately 450 feet upstream of None +1,609 Simplot Crossing. Approximately 1,500 feet upstream of None +1,612 Highway 5. Diversion Channel ...... Approximately 300 feet downstream of None +1,610 10th Street. Approximately 700 feet upstream of 10th None +1,612 Street. 5th Street Coulee ...... Confluence with Mulberry Creek ...... None +1,600 Just downstream of 12th Avenue ...... None +1,605 Approximately 1,400 feet upstream of None +1,609 18th Street. Maps are available for inspection at City Hall, 324 Eighth Avenue, Langdon, North Dakota 58249. Send comments to The Honorable Don Haugen, Mayor, City Hall, 324 Eighth Avenue, Langdon, North Dakota 58249.

South Dakota ...... Spearfish (City), False Bottom Creek...... Approximately 700 feet downstream of *3,920 *3,919 Lawrence County. westbound lane of Interstate 90. Just upstream of eastbound lane of Inter- *3,936 *3,935 state 90. Approximately 390 feet upstream of U.S. *3,944 *3,945 Highway 14 (Alternate Route).

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

Maps are available for inspection at City Hall, 625 Fifth Street, Spearfish, South Dakota 57783. Send comments to The Honorable Jerry Krambeck, Mayor, City of Spearfish, City Hall, 625 Fifth Street, Spearfish, South Dakota 57783.

South Dakota ...... Minnehaha County Skunk Creek ...... Approximately 4,400 feet downstream of *1,429 *1,431 U.S. Highway 16. Just upstream of County Route 139 ...... *1,442 *1,444 Approximately 150 feet upstream of *1,448 *1,448 County Route 142. Maps are available for inspection at the County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota 57106. Send comments to The Honorable Robert Kolbe, Chairperson, Minnehaha County Board of Commissioners, County Administration Building, 415 North Dakota Avenue, Sioux Falls, South Dakota 57106.

Wyoming ...... Lincoln County ...... Salt River ...... Approximately 2,500 feet downstream of None *5,623 McCox Road. Just upstream of secondary Highway 239 None *5,775 Approximately 9,000 feet upstream of None *5,987 U.S. Highway 89. Maps are available for inspection at the Emergency Management Office, 520 Topaz Street, Kemmerer, Wyoming 83101. Send comments to The Honorable Kathleen Davison, Chairperson, Lincoln County Board of Commissioners, County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming 83101.

Elevation in feet *(NGVD) Flooding Source(s) Location of referenced elevation Elevation in feet + (NAVD) Communities affected Effective Modified

OKLAHOMA Kingfisher County, and Incorporated Areas

Cimarron River ...... Approximately 9,000 feet downstream of confluence with None *969 Kingfisher County (Uninc. Campbell Creek. Areas). Approximately 750 feet downstream of County Road None *1,044 NS282. Approximately 2,800 feet upstream of County Road EW60 None *1,120 Kingfisher Creek ...... At confluence with Cimarron River ...... None *1,018 Kingfisher County (Uninc. Areas) and City of King- fisher. Approximately 1,000 feet downstream of 13th Street ...... *1,048 *1,047 Little Turkey Creek ...... Approximately 1,000 feet upstream of County Road EW68 None *1,063 Kingfisher County (Uninc. Areas). Approximately 3,200 feet upstream of State Highway 81 .. None *1,116 Turkey Creek (Main Approximately 60 feet upstream of County Road EW715 .. *1,039 *1,038 Kingfisher County (Uninc. Channel). Areas). Approximately 4,500 feet upstream of US Highway 51 ...... None *1,093 Turkey Creek Split Approximately 2,400 feet downstream of US Route 81 ..... *1,029 *1,028 Kingfisher County (Uninc. Flow. Areas) and Town of Dover. Approximately 1,400 feet upstream of County Road EW71 *1,038 *1,043

ADDRESSES Kingfisher County (Unincorporated. Areas) Maps are available for inspection at Kingfisher County Floodplain Administrator’s Office, County Courthouse, 101 South Main Street, Room 5, Kingfisher, Oklahoma 73750. Send comments to The Honorable Jim Shimanek, Chairman, Kingfisher County Board of Commissioners, County Courthouse, 101 South Main Street, Room 9, Kingfisher, Oklahoma 73750. City of Kingfisher Maps are available for inspection at City Hall, 301 North Main Street, Kingfisher, Oklahoma 73750. Send comments to The Honorable Richard Reynolds, Mayor, City of Kingfisher, City Hall, 301 North Main Street, Kingfisher, Oklahoma 73750. Town of Dover Maps are available for inspection at Town Hall, 101 North Chisholm, Dover, Oklahoma 73734. Send comments to The Honorable Lee McNulty, Mayor, Town of Dover, P.O. Box 195, Dover, OK 73734.

NEW MEXICO Quay County, and Incorporated Areas

Arroyo 1 ...... Confluence with Tucumcari Lake ...... None +4,016 Quay County (Uninc. Areas). Just downstream Chicago Rock Island and Pacific Rail- None +4,040 road.

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Elevation in feet *(NGVD) Flooding Source(s) Location of referenced elevation Elevation in feet + (NAVD) Communities affected Effective Modified

Arroyo 1A ...... Confluence with Arroyo 1 ...... None +4,033 Quay County (Uninc. Areas). Approximately 245 feet upstream of Quay Road AL ...... None +4,080 Arroyo 2 ...... Confluence with Lake Tucumcari ...... None +4,016 Quay County (Uninc. Areas). Approximately 4,100 feet upstream of confluence with None +4,043 Lake Tucumcari. Arroyo 3 ...... Confluence with Lake Tucumcari ...... None +4,016 Quay County (Uninc. Areas), City of Tucumcari. Approximately 1,750 feet upstream of US Highway 54 ...... *4,079 +4,079 Arroyo 4 ...... Confluence with Lake Tucumcari ...... *4,013 +4,016 Quay County (Uninc. Areas), City of Tucumcari. Just downstream New Mexico Highway 18 ...... None +4,139 Arroyo 4D ...... Confluence with Arroyo 4 ...... None +4,036 Quay County (Uninc. Areas). Approximately 650 feet upstream of US Interstate 40 ...... None +4,063 Arroyo 4 Overflow ...... Confluence with Tucumcari Lake ...... None +4,016 Quay County (Uninc. Areas), City of Tucumcari. Just downstream of Tucumcari Boulevard ...... None +4,033 Confluence with Tucumcari Lake ...... None +4,016 Approximately 420 feet downstream of Laughlin Avenue .. None +4,023 Arroyo 4F (Rankin Just upstream of Tucumcari Boulevard ...... None +4,034 Quay County (Uninc. Areas), Draw). City of Tucumcari. Approximately 180 feet upstream of South Monroe Street None +4,089 Arroyo 5 ...... Approximately 2,300 feet downstream of Chicago Rock Is- None +4,057 Quay County (Uninc. Areas), land and Pacific Railroad. City of Tucumcari. Approximately 2,650 feet upstream of the confluence of None +4,159 Arroyo 5. Arroyo 5B ...... Confluence with Arroyo 5 ...... None +4,124 Quay County (Uninc. Areas). Approximately 1,910 feet upstream of the confluence with None +4,150 Arroyo 5. Arroyo 6 ...... Approximately 2,850 feet downstream of Chicago Rock Is- None +4,068 Quay County (Uninc. Areas), land and Pacific Railroad. City of Tucumcari. Approximately 4,100 feet upstream of Eastbound Inter- None +4,185 state 40. Arroyo 6A ...... Confluence with Arroyo 6 ...... *4,094 +4,096 Quay County (Uninc. Areas), City of Tucumcari. Approximately 2,500 feet upstream of I–40 Ramp A ...... None +4,169 Arroyo 7 (Bluewater Approximately 2,600 feet downstream of confluence of Ar- None +4,061 Quay County (Uninc. Areas), Creek). royo 7A. City of Tucumcari. Approximately 4,500 feet upstream of confluence with Ar- *4,107 *4,109 royo 7B. Arroyo 7B ...... At confluence with Arroyo 7 ...... *4,089 +4.091 Quay County (Uninc. Areas), City of Tucumcari. Approximately 3,500 feet upstream of confluence of Ar- None +4,131 royo 7C. Arroyo 7C ...... At confluence with Arroyo 7B ...... *4,106 +4,108 Quay County (Uninc. Areas), City of Tucumcari. At Chicago Rock Island and Pacific Railroad ...... None +4,155 San Jon Creek ...... Approximately 1,000 feet upstream of sewage disposal None +4,021 Village of San Jon, Quay area. County (Uninc. Areas). Approximately 450 feet downstream of Fourth Street ...... None +4,034

ADDRESSES Quay County (Unincorporated. Areas) Maps are available for inspection at Quay County Clerks Office, 300 South 3rd Street, Tucumcari, New Mexico 88401. Send comments to The Honorable Paula Chacon, County Manager, Quay County, P.O. Box 1246, Tucumari, New Mexico 88401. City of Tucumcari Maps are available for inspection at City Hall, 512 South 8th Street, Tucumcari, New Mexico 88401. Send comments to The Honorable Calvin Litchfield, Mayor, City of Tucumcari, P.O. Box 1188, Tucumcari, New Mexico 88401. Village of San Jon Maps are available for inspection at City Hall, 507 Elm Avenue, San Jon, New Mexico 88434. Send comments to The Honorable Joe Clark, Mayor, Village of San Jon, P.O. Box 37, San Jon, New Mexico 88434.

WASHINGTON Whatcom County, and Incorporated Areas

Strait of Georgia at At Point Roberts Marina ...... None *8 Whatcom County (Uninc. Point Roberts. Areas). South Edwards Drive along southern shore ...... None *11 (Uninc. Areas). Birch Bay Northwest At intersection of Seahome Road and Searshore Court .... None *8 Whatcom County (Uninc. Shore. Areas). At Cottonwood Beach ...... None *9

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Elevation in feet *(NGVD) Flooding Source(s) Location of referenced elevation Elevation in feet + (NAVD) Communities affected Effective Modified

Along shoreline near intersection of Halda Road and None *14 Nitinat Road. Strait of Georgia at At marina ...... None *8 Whatcom County (Uninc. Sandy Point. Areas) and LummiIndian Reservation. Along eastern Shore Drive ...... None *9 Along western shoreline ...... None *14 Strait of Georgia at Vil- Along West Shore Drive ...... None *9 Whatcom County (Uninc. lage Point. Areas). Along southern shoreline ...... None *10 Lummi Bay ...... Approximately 600 feet from intersection of East Turtle None *8 Whatcom County (Uninc Lane and Shore Drive. Areas). Along shoreline near intersection of Lummi Park Road None *10 and Lane Split Road. Bellingham Bay at East of Lummi Shore Road ...... None *8 Whatcom County (Uninc. Hermosa Beach. Areas) and LummiIndian Reservation. Lummi Bay at Goose- At intersection of Lummi View Drive and Haxton Way ...... None *8 Whatcom County (Uninc. berry Point. Areas) and LummiIndian Reservation. Approximately 300 feet west of intersection of Lummi None *9 View Drive and Haxton Way. Bellingham Bay at In the south-facing valley of Eliza Island ...... None *8 Whatcom County (Uninc. Eliza Island. Areas). At the southern shore of Eliza Island ...... None *10 At the western shore of Eliza Island ...... None *10

ADDRESSES Whatcom County (Unincorporated. Areas) Maps are available for inspection at the Watcom County Department of Public Works, Division of Engineering, 284 West Kellogg Street, Suite C, Bellingham, Washington 98226. Send comments to The Honorable Pete Kremen, Whatcom County Executive, 285 West Kellogg Street, Bellingham, Washington 98226. Lummi Indian Reservation Maps are available for inspection at the Lummi Indian Business Council Planning Department, 2828 Kwina Road, Bellingham, Washington 98226. Send comments to The Honorable Darrell Frye, Chairman, Lummi Indian Business Council, Tribal Office, 2616 Kwina Road, Bellingham, Wash- ington 98226.

(Catalog of Federal Domestic Assistance No. listed below. The BFEs and modified (202) 646–3461 or (e-mail) 83.100, ‘‘Flood Insurance’’) BFEs are the basis for the floodplain [email protected]. Dated: September 30, 2002. management measures that the Anthony S. Lowe, community is required either to adopt SUPPLEMENTARY INFORMATION: FEMA Administrator, Federal Insurance and or to show evidence of being already in proposes to make determinations of Mitigation Administration. effect in order to qualify or remain BFEs and modified BFEs for each [FR Doc. 02–26217 Filed 10–15–02; 8:45 am] qualified for participation in the community listed below, in accordance BILLING CODE 6718–04–P National Flood Insurance Program with Section 110 of the Flood Disaster (NFIP). Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). FEDERAL EMERGENCY DATES: The comment period is ninety These proposed BFEs and modified MANAGEMENT AGENCY (90) days following the second BFEs, together with the floodplain publication of this proposed rule in a management criteria required by 44 CFR 44 CFR Part 67 newspaper of local circulation in each community. 60.3, are the minimum that are required. [Docket No. FEMA–P–7615] They should not be construed to mean Proposed Flood Elevation ADDRESSES: The proposed BFEs for each that the community must change any Determinations community are available for inspection existing ordinances that are more at the office of the Chief Executive stringent in their floodplain AGENCY: Federal Emergency Officer of each community. The management requirements. The Management Agency (FEMA). respective addresses are listed in the community may at any time enact ACTION: Proposed rule. table below. stricter requirements of its own, or pursuant to policies established by other SUMMARY: Technical information or FOR FURTHER INFORMATION CONTACT: comments are requested on the Matthew B. Miller, P.E., Chief, Hazards Federal, State, or regional entities. proposed Base (1% annual-chance) Study Branch, Federal Insurance and Flood Elevations (BFEs) and proposed Mitigation Administration, FEMA, 500 BFE modifications for the communities C Street, SW., Washington, DC 20472,

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These proposed elevations are used to Disaster Protection Act of 1973, 42 List of Subjects in 44 CFR Part 67 meet the floodplain management U.S.C. 4104, and are required to requirements of the NFIP and are also establish and maintain community Administrative practice and used to calculate the appropriate flood eligibility in the NFIP. No regulatory procedure, flood insurance, reporting insurance premium rates for new flexibility analysis has been prepared. and record keeping requirements. buildings built after these elevations are Regulatory Classification Accordingly, 44 CFR part 67 is made final, and for the contents in these proposed to be amended as follows: buildings. This proposed rule is not a significant regulatory action under the criteria of PART 67—[AMENDED] National Environmental Policy Act Section 3(f) of Executive Order 12866 of This proposed rule is categorically September 30, 1993, Regulatory 1. The authority citation for part 67 excluded from the requirements of 44 Planning and Review, 58 FR 51735. continues to read as follows: CFR part 10, Environmental Executive Order 12612, Federalism Authority: 42 U.S.C. 4001 et seq.; Consideration. No environmental This proposed rule involves no Reorganization Plan No. 3 of 1978, 3 CFR, impact assessment has been prepared. policies that have federalism 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Regulatory Flexibility Act implications under Executive Order 3 CFR, 1979 Comp., p. 376. 12612, Federalism, dated October 26, § 67.4 llllll The Administrator for Federal 1987. Insurance and Mitigation 2. The tables published under the Administration certifies that this Executive Order 12778, Civil Justice Reform authority of § 67.4 are proposed to be proposed rule is exempt from the amended as follows: requirements of the Regulatory This proposed rule meets the Flexibility Act because proposed or applicable standards of Section 2(b)(2) modified BFEs are required by the Flood of Executive Order 12778.

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

OK ...... Prague, City of Shan Creek ...... 961—992 ...... (Lincoln County)...... San Creek Tributary ...... 975—983 ...... Maps are available for inspection at 1116 North Jim Thorpe Boulevard, Prague, Oklahoma. Send comments to The Honorable Michael Fairbanks, Mayor, City of Prague, 1116 North Jim Thorpe Boulevard, Prague, Oklahoma 74862.

(Catalog of Federal Domestic Assistance No. substituted for TV channel *12-at continue to experience delays in 83.100, ‘‘Flood Insurance’’) Moscow with a minus offset at receiving U.S. Postal Service mail). The Dated: September 23, 2002. coordinates 46–41–07 N. and 116–50–34 Commission’s contractor, Vistronix, Anthony S. Lowe, W. DTV channel *12 can be substituted Inc., will receive hand-delivered or Administrator, Federal Insurance and for DTV channel *35 at Moscow at messenger-delivered paper filings for Mitigation Administration. coordinates 46–40–54 N. and 116–58–13 the Commission’s Secretary at 236 [FR Doc. 02–26216 Filed 10–15–02; 8:45 am] W. with a power of 128.5, a height Massachusetts Avenue, NE., Suite 110, BILLING CODE 6718–04–P above average terrain HAAT of 339.7 Washington, DC 20002. The filing hours meters. Since the community of at this location are 8 a.m. to 7 p.m. All Moscow is located within 400 hand deliveries must be held together FEDERAL COMMUNICATIONS kilometers of the U.S.-Canadian border, with rubber bands or fasteners. Any COMMISSION concurrence from the Canadian envelopes must be disposed of before government must be obtained for these entering the building. Commercial 47 CFR Part 73 allotments. overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) DATES: Comments must be filed on or [DA 02–2504, MB Docket No. 02–315, RM– must be sent to 9300 East Hampton 10566] before December 2, 2002, and reply comments on or before December 17, Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Digital Television Broadcast Service; 2002. Moscow, ID Mail, and Priority Mail should be ADDRESSES: The Commission permits addressed to 445 12th Street, SW., AGENCY: Federal Communications the electronic filing of all pleadings and Washington, DC 20554. All filings must Commission. comments in proceeding involving be addressed to the Commission’s ACTION: Proposed rule. petitions for rule making (except in Secretary, Office of the Secretary, broadcast allotment proceedings). See Federal Communications Commission, SUMMARY: The Commission requests Electronic Filing of Documents in Rule Washington, DC 20554. In addition to comments on a petition filed by the Making Proceedings, GC Docket No. 97– filing comments with the FCC, State Board of Education, State of Idaho, 113 (rel. April 6, 1998). Filings by paper interested parties should serve the licensee of noncommercial station can be sent by hand or messenger petitioner, or its counsel or consultant, KUID, proposing the exchange of delivery, by commercial overnight as follows: Anne Goodwin Crump, KUID’s analog and digital allotments at courier, or by first-class or overnight Fletcher, Heald & Hildreth, PLC, 1300 Moscow. TV channel *35 can be U.S. Postal Service mail (although we North 17th Street, Eleventh Floor,

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Arlington, Virginia 22209 (Counsel for Federal Communications Commission. Broadcasting, c/o John M. Pelkey, Esq., State Board of Education, State of Barbara A. Kreisman, Garvey, Schubert & Barer, 1000 Potomac Idaho). Chief, Video Division, Media Bureau. Street, NW., 5th Floor, Washington, DC FOR FURTHER INFORMATION CONTACT: Pam [FR Doc. 02–26233 Filed 10–15–02; 8:45 am] 20007; Mr. Robert Fabian, 4 Hickory Blumenthal, Media Bureau, (202) 418– BILLING CODE 6712–01–P Crossing Lane, Argyle, Texas 76226; 1600. Maurice Salsa, 5615 Evergreen Valley Drive, Kingwood, Texas 77345; and SUPPLEMENTARY INFORMATION: This is a FEDERAL COMMUNICATIONS Black Diamond Broadcasting, c/o Scott synopsis of the Commission’s Notice of COMMISSION C. Cinnamon, 1090 Vermont Ave., Suite Proposed Rule Making, MB Docket No. 800, Washington, DC 20005. 02–315, adopted October 2, 2002, and 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a released October 9, 2002. The full text [DA 02–2320; MB Docket No. 02–288, RM– synopsis of the Commission’s Notice of of this document is available for public 10525; MB Docket No. 02–289, RM–10526; Proposed Rule Making, MB Docket No. inspection and copying during regular MB Docket No. 02–290, RM–10527; MB 02–288; MB Docket No. 02–289; and MB business hours in the FCC Reference Docket No. 02–291, RM–10528; MB Docket Docket No. 02–290, MB Docket No. 02– Information Center, Portals II, 445 12th 02–292, RM–10540; MB Docket No. 02–293; 291; MM Docket No. 02–292; MB Docket Street, SW., Room CY–A257, RM–10541; and Docket No. 02–294; RM– No. 02–293 and MB Docket No. 02–294; 10543] Washington, DC, 20554. This document adopted September 11, 2002, and may also be purchased from the released September 27, 2002. The full Commission’s duplicating contractor, Radio Broadcasting Services; Arthur, NE; Idaho Falls, ID; Manila, UT; text of this Commission decision is Qualex International, Portals II, 445 available for inspection and copying 12th Street, SW., Room CY–B402, McLean, TX; Opal, WY; Tignall, GA; and Wheeler, TX during normal business hours in the Washington, DC, 20554, telephone 202– FCC Reference Information Center 863–2893, facsimile 202–863–2898, or AGENCY: Federal Communications (Room CY–A257), 445 12th Street, SW, via-e-mail [email protected]. Commission. Washington, DC. The complete text of Provisions of the Regulatory ACTION: Proposed rule. this decision may also be purchased Flexibility Act of 1980 do not apply to from the Commission’s copy contractor, SUMMARY: this proceeding. This document proposes Qualex International, Portals II, 445 Members of the public should note seven allotments to Arthur, NE; Idaho 12th Street, SW., Room CY–B402, that from the time a Notice of Proposed Falls, ID; Manila, UT; McLean, TX; Washington, DC 20554. Rule Making is issued until the matter Opal, WY; Tignall, GA; and Wheeler, The Commission requests comments is no longer subject to Commission TX. The Commission requests on a petition filed by Scott D. Parker consideration or court review, all ex comments on a petition filed by proposing the allotment of Channel parte contacts are prohibited in proposing the allotment of Channel 300C1 at Idaho Falls, Idaho, as the Commission proceedings, such as this 244A at Tignall, Georgia, as the community’s six local commercial FM one, which involve channel allotments. community’s first local aural transmission service. Channel 300C1 See 47 CFR 1.1204(b) for rules transmission service.. Channel 244A can can be allotted to Idaho Falls in governing permissible ex parte contacts. be allotted to Tignall in compliance compliance with the Commission’s For information regarding proper with the Commission’s minimum minimum distance separation filing procedures for comments, see 47 distance separation requirements with a requirements with a site restriction of CFR 1.415 and 1.420. site restriction of 9.8 kilometers (6.1 19.6 kilometers (12.2 miles) north to miles) northwest to avoid a short- List of Subjects in 47 CFR Part 73 avoid a short-spacing to the licensed spacing to the licensed site of Station and construction permit site for Station Digital television broadcasting, WAKB(FM), Channel 245C3, Wrens, KUDD(FM), Channel 300C, Roy, Utah. Television. Georgia. The coordinates for Channel The coordinates for Channel 330C1 at For the reasons discussed in the 244A at Tignall are 33–55–40 North Idaho Falls are 43–39–59 North Latitude preamble, the Federal Communications Latitude and 82–48–58 West Longitude. and 112–00–06 West Longitude. Commission proposes to amend 47 CFR See Supplementary Information, infra. The Commission requests comments Part 73 as follows: DATES: Comments must be filed on or on a petition filed by Rural Pima before November 18, 2002, and reply Broadcasting proposing the allotment of PART 73—RADIO BROADCAST comments on or before December 3, Channel 249A at Manila, Utah, as the SERVICES 2002. community’s first local aural 1. The authority citation for part 73 ADDRESSES: Federal Communications transmission service. Channel 249A can continues to read as follows: Commission, Washington, DC 20554. In be allotted to Manila in compliance Authority: 47 U.S.C. 154, 303, 334 and 336. addition to filing comments with the with the Commission’s minimum FCC, interested parties should serve the distance separation requirements at city § 73.606 [Amended] petitioner, his counsel, or consultant, as reference coordinates. The coordinates 2. Section 73.606(b), the Table of follows: Georgia-Carolina Broadcasting for Channel 249A at Manila are 40–59– Television Allotments under Idaho is Co., LLC, c/o Robert Lewis Thompson, 17 North Latitude and 109–43–19 West amended by removing channel *12- and Esq., Thiemann, Aitken & Vohra, LLC, Longitude. adding channel *35-at Moscow. 908 King Street, Suite 300, Alexandria, The Commission requests comments Virginia 22314; Scott D. Parker, c/o on a petition filed by Arthur Radio § 73.622 [Amended] Richard A. Helmick, Esq., Cohn & Broadcasting proposing the allotment of 3. Section 73.622(b), the Table of Marks, LLP, 1920 N Street, NW., Suite Channel 300C1 at Arthur, Nebraska, as Digital Television Allotments under 300, Washington, DC 20036; Rural Pima the community’s first local aural Idaho is amended by removing DTV Broadcasting, c/o Scott C. Cinnamon, transmission service. Channel 300C1 at channel *35 and adding DTV channel 1090 Vermont Ave., Suite. 800, can be allotted to Arthur in compliance *12 at Moscow. Washington, DC 20005; Arthur Radio with the Commission’s minimum

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distance separation requirements of one, which involve channel allotments. 228A can be allotted to Stuart in with a site restriction of 8.0 kilometers See 47 CFR 1.1204(b) for rules compliance with the minimum distance (5.0 iles) northwest to avoid the vacant governing permissible ex parte contacts. separation requirements of the allotment site for Channel 297C1 at For information regarding proper Commission’s Rules at the city reference Hershey, Nebraska. The coordinates for filing procedures for comments, see 47 coordinates without a site restriction. Channel Arthur are 41–37–10 North CFR 1.415 and 1.420. The coordinates for Channel 228A at Latitude and 101–45–57 West List of Subjects in 47 CFR Part 73 Stuart are 34–54–18 and 96–06–00. Longitude. The Commission requests comments Radio, Radio broadcasting. DATES: Comments must be filed on or on a petition filed by Robert Fabian For the reasons discussed in the before November 18, 2002, and reply proposing the allotment of Channel preamble, the Federal Communications comments on or before December 3, 267C3 at McLean, Texas, as the Commission proposes to amend 47 CFR 2002. community’s first local aural part 73 as follows: transmission service. Channel 267C3 ADDRESSES: Federal Communications can be allotted to McLean in compliance PART 73—RADIO BROADCAST Commission, 445 Twelfth Street, SW., with the Commission’s minimum SERVICES Washington, DC 20554. In addition to distance separation requirements with a filing comments with the FCC, site restriction of. 21.4 kilometers (13.3 1. The authority citation for Part 73 interested parties should serve the miles) southwest to avoid a short- continues to read as follows: petitioner, as follows: Robert Fabian, 4 spacing to the licensed site of Station Authority: 47 U.S.C. 154, 303, 334 and 336. Hickory Crossing Lane, Argyle, Texas, KNOX(FM), Channel 266C, Woodward, 76226. § 73.202 [Amended] Oklahoma. The coordinates for Channel FOR FURTHER INFORMATION CONTACT: 267C3 at McLean are North Latitude and 2. Section 73.202(b), the Table of FM West Longitude. Allotments under Georgia, is amended Rolanda F. Smith, Media Bureau, (202) The Commission requests comments by adding Tignall, Channel 244A. 418–2180. on a petition filed by Maurice Salsa 3. Section 73.202(b), the Table of FM SUPPLEMENTARY INFORMATION: This is a proposing the allotment of Channel Allotments under Idaho, is amended by summary of the Commission’s Notice of 280C2 at Wheeler, Texas, as the adding Channel 300C1 at Idaho Falls. Proposed Rule Making, MB Docket No. 4. Section 73.202(b), the Table of FM community’s first local aural 02–287, adopted September 11, 2002, Allotments under Nebraska, is amended transmission service.. Channel 280C2 and released September 27, 2002. The by adding Arthur, Channel 300C1. can be allotted to Wheeler in full text of this Commission decision is compliance with the Commission’s 5. Section 73.202(b), the Table of FM Allotments under Texas, is amended by available for inspection and copying minimum distance separation during normal business hours in the requirements with a site restriction of adding McLean, Channel 267C3; and Commission’s Reference Center 445 6.7 kilometers (4.1 miles) northeast to Wheeler, Channel 280C2. Twelfth Street, SW., Washington, DC avoid short-spacings to the licensed site 6. Section 73.202(b), the Table of FM 20554 (CYA257). The complete text of of Station KKYN–FM, Channel 280C2, Allotments under Utah, is amended by Plainview, Texas, and Station adding Manila, Channel 249A. this decision may also be purchased KHYM(FM), Channel 280C1, Copeland, 7. Section 73.202(b), the Table of FM from the Commission’s duplicating Kansas The coordinates for Channel Allotments under Wyoming, is amended contractor, Qualex International Portals 280C2 at Wheeler are 35–28–55 North by adding Opal, Channel 263A. II, 445 12th Street, SW., Room CY–B402, Washington, DC, 20554, telephone 202– Latitude and 100–12–56 West Federal Communications Commission. 863–2893, facsimile 202–863–2898, or Longitude. John A. Karousos, The Commission requests comments via e-mail [email protected]. Assistant Chief, Audio Divison, Media on a petition filed by Black Diamond Bureau. Provisions of the Regulatory Broadcasting proposing the allotment of [FR Doc. 02–26225 Filed 10–15–02; 8:45 am] Flexibility Act of l980 do not apply to Channel 263A at Opal, Wyoming, as the this proceeding. community’s first local aural BILLING CODE 6712–01–P Members of the public should note transmission service. Channel 263A can that from the time a Notice of Proposed be allotted to Opal in compliance with FEDERAL COMMUNICATIONS Rule Making is issued until the matter the Commission’s minimum distance COMMISSION separation requirements with a site is no longer subject to Commission consideration or court review, all ex restriction of. 6.3 kilometers (3.9 miles) 47 CFR Part 73 east to avoid a short-spacing to the parte contacts are prohibited in licensed site of Station KSFI(FM), [DA 02–2311; MB Docket No. 02–287; RM– Commission proceedings, such as this Channel 262C, Salt Lake City, Utah. The 10569] one, which involve channel allotments. coordinates for Channel 263A at Opal See 47 CFR 1.1204(b) for rules Radio Broadcasting Services; Stuart, governing permissible ex parte contact. are 41–46–16 North Latitude and 110– OK 14–50 West Longitude. For information regarding proper Provisions of the Regulatory AGENCY: Federal Communications filing procedures for comments, see 47 Flexibility Act of 1980 do not apply to Commission. CFR 1.415 and 1.420. this proceeding. ACTION: Proposed rule. Members of the public should note List of Subjects in 47 CFR Part 73 SUMMARY: that from the time a Notice of Proposed This document requests Radio, Radio broadcasting. Rule Making is issued until the matter comments on a petition filed by Robert is no longer subject to Commission Fabian proposing the allotment of For the reasons discussed in the consideration or court review, all ex Channel 228A at Stuart, Oklahoma, as preamble, the Federal Communications parte contacts are prohibited in that community’s first commercial Commission proposes to amend 47 CFR Commission proceedings, such as this broadcast transmission service. Channel part 73 as follows:

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PART 73—RADIO BROADCAST Starboard Broadcasting, Inc. proposing the Commission’s duplicating SERVICES the allotment of Channel 295A at contractor, Qualex International, Portals Tigerton, Wisconsin, as the II, 445 12th Street, SW, Room CY–B402, 1. The authority citation for part 73 community’s first local aural Washington, DC, 20554, telephone 202– continues to read as follows: transmission service. Channel 295A can 863–2893, facsimile 202–863–2898, or Authority: 47 U.S.C. 154, 303, 334 and 336. be allotted to Tigerton in compliance via e-mail [email protected]. with the Commission’s minimum Provisions of the Regulatory § 73.202 [Amended] distance separation requirements with a Flexibility Act of l980 do not apply to 2. Section 73.202(b), the Table of FM site restriction of 14.1 kilometers (8.7 this proceeding. Allotments under Oklahoma, is miles) northeast to avoid a short-spacing Members of the public should note amended by adding Stuart, Channel to the license sites of Station WLJY, that from the time a Notice of Proposed 228A. Channel 293C1, Marshfield, Wisconsin, Rule Making is issued until the matter Federal Communications Commission. Station WJLW, Channel 294C3, Allouez, is no longer subject to Commission John A. Karousos, Wisconsin, and Station WUPM, Channel consideration or court review, all ex Assistant Chief, Audio Division, Media 295C1, Ironwood, Michigan. The parte contacts are prohibited in Bureau. coordinates for Channel 295A at Commission proceedings, such as this [FR Doc. 02–26228 Filed 10–15–02; 8:45 am] Tigerton are 44–50–07 North Latitude one, which involve channel allotments. and 88–56–41 West Longitude. BILLING CODE 6712–01–P See 47 CFR 1.1204(b) for rules DATES: Comments must be filed on or governing permissible ex parte contact. before November 12, 2002, and reply For information regarding proper FEDERAL COMMUNICATIONS comments on or before November 26, filing procedures for comments, see 47 COMMISSION 2002. CFR 1.415 and 1.420. ADDRESSES: Federal Communications List of Subjects in 47 CFR Part 73 47 CFR Part 73 Commission, 445 Twelfth Street, SW., [DA 02–2226; MB Docket No. 02–274, RM– Washington, DC 20554. In addition to Radio, Radio broadcasting. 10560; MB Docket No. 02–275, RM–10561] filing comments with the FCC, For the reasons discussed in the interested parties should serve the preamble, the Federal Communications Radio Broadcasting Services; Jasper, petitioner, his counsel, or consultant, as Commission proposes to amend 47 CFR FL and Tigerton, WI follows: Powerline NA, Inc., c/o Clyde Part 73 as follows: Scott, Jr., EME Communications, 293 JC AGENCY: Federal Communications Saunders Road, Moultrie, GA 31768 and PART 73—RADIO BROADCAST Commission. Starboard Broadcasting, Inc., c/o David SERVICES ACTION: Proposed rule. Vacheresse, President, 1496 Bellevue St. Building 2, Green Bay, Wisconsin 1. The authority citation for part 73 SUMMARY: The Audio Division requests continues to read as follows: comment on a petition filed by 54311. Authority: 47 U.S.C. 154, 303, 334 and 336. Powerline NA, Inc. proposing the FOR FURTHER INFORMATION CONTACT: allotment of Channel 298A at Jasper, Rolanda F. Smith, Media Bureau, (202) § 73.202 [Amended] 418–2180. Florida, as the community’s first local 2. Section 73.202(b), the Table of FM aural transmission service. Channel SUPPLEMENTARY INFORMATION: This is a Allotments under Florida, is amended 298A can be allotted to Jasper in synopsis of the Commission’s Notice of by adding Jasper, Channel 298A. compliance with the Commission’s Proposed Rule Making, MB Docket Nos. 3. Section 73.202(b), the Table of FM minimum distance separation 02–274, 02–275, adopted September 4, Allotments under Wisconsin, is requirements with a site restriction of 2002, and released September 20, 2002. amended by adding Tigerton, Channel 2.2 kilometers (1.4 miles) northwest to The full text of this Commission 295A. avoid a short-spacing to the vacant decision is available for inspection and allotment site of Channel 299C3, Perry, copying during regular business hours Federal Communications Commission. Florida. The coordinates for Channel at the FCC’s Reference Information John A. Karousos, 298A at Jasper are 30–31–49 North Center, Portals II, 445 Twelfth Street, Assistant Chief, Audio Division, Media Latitude and 82–57–58 West Longitude. SW, Room CY–A257, Washington, DC Bureau. The Audio Division also requests 20554. The complete text of this [FR Doc. 02–26234 Filed 10–15–02; 8:45 am] comment on a petition filed by decision may also be purchased from BILLING CODE 6712–01–P

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Notices Federal Register Vol. 67, No. 200

Wednesday, October 16, 2002

This section of the FEDERAL REGISTER comment period at the meeting or by Civil Rights, that a meeting with briefing contains documents other than rules or filing written statements with the of the Virginia Advisory Committee to proposed rules that are applicable to the secretary for the Committee before or the Commission will convene at 9:30 public. Notices of hearings and investigations, after the meeting. Please refer any a.m. and adjourn at 3 p.m. on October committee meetings, agency decisions and written comments to the Lake Tahoe 31, 2002, at the Washington Suites rulings, delegations of authority, filing of petitions and applications and agency Basin Management Unit at the contact Hotel, Board Room, 100 South Reynolds statements of organization and functions are address stated above. Street, Alexandria, Virginia 22304. The examples of documents appearing in this Dated: October 7, 2002. Committee will hold a planning session section. Edmund A. Gee, beginning at 9:30 a.m. to review its draft report entitled ‘‘Civil Rights Concern in Deputy Forest Supervisor. the Metropolitan Washington Area in DEPARTMENT OF AGRICULTURE [FR Doc. 02–26206 Filed 10–15–02; 8:45 am] the Aftermath of the September 9/11 BILLING CODE 3410–11–M Tragedies: Muslims, Sikhs, Arab Forest Service Americans, South Asian Americans, and Muslim Women,’’ and decide on new Lake Tahoe Basin Federal Advisory COMMISSION ON CIVIL RIGHTS projects. The Committee will hold a Committee briefing from 1:45 p.m. to 3 p.m. on Agenda and Notice of Public Meeting current civil rights developments in the AGENCY: Forest Service, USDA. of the California Advisory Committee ACTION: Notice of meeting. state from knowledgeable community Notice is hereby given, pursuant to representatives. SUMMARY: The Lake Tahoe Basin Federal the provisions of the rules and Persons desiring additional Advisory Committee will hold a regulations of the U.S. Commission on information, or planning a presentation meeting on October 26, 2002, at the Civil Rights, that a planning meeting to the Committee, should contact Tahoe Seasons Resort, 3901 Saddle Rd., with briefing of the California Advisory Chairperson Richard E. Patrick, 703– South Lake Tahoe, CA 96150. The Committee to the Commission will 719–6499, or Edward Darden of the Committee, established by the Secretary convene at 10 a.m. and adjourn at 4 p.m. Eastern Regional Office, 202–376–7533 of Agriculture on December 15, 1998, on Wednesday, November 20, 2002, at (TDD 202–376–8116). Hearing-impaired (64 FR 2876) is chartered to provide the Sacramento Convention Center, persons who will attend the meeting advice to the Secretary on implementing Room 103, 1030 15th Street, and require the services of a sign the terms of the Federal Interagency Sacramento, California 95814. The language interpreter should contact the Partnership on the Lake Tahoe Region Committee will discuss with local Regional Office at least ten (10) working and other matters raised by the officials post-9/11 issues. days before the scheduled date of the Secretary. Persons desiring additional meeting. The meeting will be conducted DATES: The meeting will be held information, or planning a presentation to the Committee, should contact Philip pursuant to the provisions of the rules October 26, 2002, beginning at 1 p.m. and regulations of the Commission. and ending at 4:30 p.m. Montez, Director of the Western Regional Office, 213–894–3437 (TDD Dated in Washington, DC, October 9, 2002. ADDRESSES: The meeting will be held at 213–894–3435). Hearing-impaired Tahoe Seasons Resort, 3901 Saddle Rd., Les Jin, persons who will attend the meeting South Lake Tahoe, CA 96150. Staff Director, Office of the Staff Director. and require the services of a sign [FR Doc. 02–26264 Filed 10–15–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: language interpreter should contact the BILLING CODE 6335–01–P Maribeth Gustafson or Jeannie Stafford, Regional Office at least ten (10) working Lake Tahoe Basin Management Unit, days before the scheduled date of the Forest Service, 870 Emerald Bay Road meeting. DEPARTMENT OF COMMERCE Suite 1, South Lake Tahoe, CA 96150, The meeting will be conducted (530) 573–2642. pursuant to the provisions of the rules International Trade Administration SUPPLEMENTARY INFORMATION: The and regulations of the Commission. [A–570–848] committee will meet jointly with the Dated in Washington, DC, October 9, 2002. Federal Interagency Partnership’s Lake Les Jin, Freshwater Crawfish Tail Meat from the Tahoe Basin Executives Committee and People’s Republic of China: Notice of the Tahoe Regional Executive Staff Director, Office of the Staff Director. Preliminary Results of Antidumping Committee. Items to be covered on the [FR Doc. 02–26265 Filed 10–15–02; 8:45 am] Duty Administrative Review agenda include: (1) orientation of new BILLING CODE 6335–01–P members; (2) guest speaker; (3) AGENCY: Import Administration, Committee focus for 2002 through 2004; International Trade Administration, COMMISSION ON CIVIL RIGHTS and (4) open public comment. All Lake Department of Commerce. Tahoe Basin Federal Advisory Agenda and Notice of Public Meeting SUMMARY: The Department of Commerce Committee meetings are open to the of the Virginia Advisory Committee (the Department) is conducting an public. Interested citizens are administrative review of the encouraged to attend. Issues may be Notice is hereby given, pursuant to antidumping duty order on freshwater brought to the attention of the the provisions of the rules and crawfish tail meat from the People’s Committee during the open public regulations of the U.S. Commission on Republic of China (PRC) in response to

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requests from the Crawfish Processors 31, 2001. On September 28, 2001, crawfish tail meat, in all its forms Alliance (petitioner) and the Louisiana respondents China Kingdom and (whether washed or with fat on, Department of Agriculture & Forestry Qingdao Zhengri also requested review whether purged or unpurged), grades, and Bob Odom, Commissioner; and of their own shipments. The Department and sizes; whether frozen, fresh, or from respondents China Kingdom initiated an antidumping duty chilled; and regardless of how it is Import & Export Co., Ltd., aka China administrative review for this case on packed, preserved, or prepared. Kingdoma Import & Export Co., Ltd., aka October 23, 2001. See Initiation of Excluded from the scope of the order are Zhongda Import & Export Co., Ltd. Antidumping and Countervailing Duty live crawfish and other whole crawfish, (China Kingdom) and Qingdao Zhengri Administrative Reviews and Requests whether boiled, frozen, fresh, or chilled. Seafood Company, Ltd., aka Qingdao for Revocation in Part, 65 FR 54195 Also excluded are saltwater crawfish of Zhengri Seafoods (Qingdao Zhengri). (October 26, 2001). any type, and parts thereof. Freshwater The period of review (POR) is from On May 20, 2002, the Department crawfish tail meat is currently September 1, 2000, through August 31, determined that it was not practicable to classifiable in the Harmonized Tariff 2001. complete the preliminary results of this Schedule of the United States (HTS) We preliminarily determine that sales review within the statutory time limit. under item numbers 1605.40.10.10 and have been made below normal value Consequently, in accordance with 1605.40.10.90, which are the new HTS (NV). The preliminary results are listed section 751(a)(3)(A) of the Act and numbers for prepared foodstuffs, below in the section titled ‘‘Preliminary section 351.213(h)(1) of the indicating peeled crawfish tail meat and Results of Review.’’ If these preliminary Department’s regulations, the other, as introduced by the U.S. results are adopted in our final results, Department extended the deadline for Customs Service in 2000, and HTS we will instruct the U.S. Customs completion of the preliminary results of numbers 0306.19.00.10 and Service to assess antidumping duties the administrative review by 120 days, 0306.29.00.00, which are reserved for based on the difference between the to September 30, 2002. See Notice of fish and crustaceans in general. The export price (EP) or constructed export Extension of Time Limit of Preliminary HTS subheadings are provided for price (CEP), as applicable, and NV. Results of Antidumping Duty convenience and Customs purposes Interested parties are invited to Administrative Review: Freshwater only. The written description of the comment on these preliminary results. Crawfish Tail Meat from the People’s scope of this order is dispositive. See the ‘‘Preliminary Results of Review’’ Republic of China, 67 FR 36856 (May section of this notice. 28, 2002). Treatment of Qingdao Zhengri and On July 31, 2002, in accordance with Yancheng Yaou EFFECTIVE DATE: October 16, 2002. sections 351.213(d)(1) and (3) of its FOR FURTHER INFORMATION CONTACT: We determine that Qingdao Zhengri regulations, the Department rescinded, and Yancheng Yaou should be treated as Doug Campau or Maureen Flannery, in part, this administrative review of the Import Administration, International a single entity for purposes of this antidumping duty order on freshwater administrative review. In their Trade Administration, U.S. Department crawfish tail meat. See Freshwater of Commerce, 14th Street and responses to the Department’s Crawfish Tail Meat from the People’s questionnaires, both companies stated Constitution Avenue, N.W., Republic of China: Notice of Rescission, Washington, D.C. 20230; telephone: that they are related through a Hong in Part, of Antidumping Duty Kong company that owns significant (202) 482–1395 or (202) 482–3020, Administrative Review for the Period respectively. shares in both companies. In addition, September 1, 2000, through August 31, the companies reported that the Hong SUPPLEMENTARY INFORMATION: 2001, 67 FR 50860 (August 6, 2002). The Kong owner consolidated Qingdao Department rescinded the review only The Applicable Statute Zhengri’s selling activities with those of with respect to those companies which Yancheng Yaou in January 2000. See Unless otherwise indicated, all had no reportable U.S. entries or exports Response of Yancheng Yaou Seafoods citations to the statute are references to of subject merchandise during the to Section A of the Department’s the provisions of the Tariff Act of 1930, period of review, or for which all Questionnaire; 2000–2001 Review as amended (the Act). In addition, applicable requests for review were (March 11, 2002) at page 1; and unless otherwise indicated, all citations withdrawn in a timely manner. Response of Qingdao Zhengri Seafood to the Department’s regulations are to Following the rescission, this review Co., Ltd. to Section A of the the provisions codified at 19 CFR part now covers the following companies: Department’s Questionnaire; Crawfish 351 (2001). China Kingdom; Fujian Pelagic Fishery Tail Meat 2000–2001 Review Group Co. (Fujian Pelagic); Qingdao Background Investigation (March 11, 2002) at page 1. Rirong Foodstuff Co., Ltd., aka Qingdao The Department published in the Qingdao Zhengri/Yancheng Yaou Rirong Foodstuffs (Qingdao Rirong); submitted three consolidated Federal Register an antidumping duty Qingdao Zhengri/Yancheng Yaou order on freshwater crawfish tail meat supplemental responses to sections A, Seafoods (Qingdao Zhengri/Yancheng C, and D of the Department’s from the PRC on September 15, 1997. Yaou); Shantou SEZ Yangfeng Marine See Notice of Amendment to Final questionnaire. For the reasons cited Products Co. (Shantou SEZ); Suqian above, the Department is treating these Determination of Sales at Less Than Foreign Trade Corp., aka Suqian Foreign Fair Value and Antidumping Duty two companies as a single entity for Trading (Suqian Foreign Trade); these preliminary results. Order: Freshwater Crawfish Tail Meat Yancheng Foreign Trade Corp., aka from the People’s Republic of China, 62 Yancheng Foreign Trading, aka Yang Application of Facts Available FR 48218 (September 15, 1997). On Cheng Foreign Trading (Yancheng September 28, 2001, in accordance with 1. Fujian Pelagic, Shantou SEZ, Suqian Foreign Trade); and Yangzhou Lakebest Foreign Trade, Yancheng Foreign Trade, 19 CFR 351.213(b)(1), the Department Foods Co., Ltd. (Yangzhou Lakebest). received a request from the petitioner to and Yangzhou Lakebest conduct an administrative review of Scope of the Antidumping Duty Order As further discussed below, pursuant several companies, covering the period The product covered by this to sections 776(a)(2)(A) and (B) and from September 1, 2000, through August antidumping duty order is freshwater section 776(b) of the Act, the

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Department determines that the Department determines that an adverse China Kingdom had several application of total adverse facts inference is warranted. In accordance opportunities to correct the reported available is warranted for respondents with sections 776(a)(2)(A) and (B), as data. However, at no time prior to the Fujian Pelagic, Shantou SEZ, Suqian well as section 776(b) of the Act, we are verification did China Kingdom notify Foreign Trade, Yancheng Foreign Trade, applying total adverse facts available to the Department that it had any difficulty and Yangzhou Lakebest. All five of Fujian Pelagic, Shantou SEZ, Suqian in obtaining the production or factors of these respondents failed to respond to Foreign Trade, Yancheng Foreign Trade, production data from the relevant POR. some or all of the Department’s Yangzhou Lakebest and all other PRC At no point during the review did China questionnaires for this POR. Yangzhou exporters that have not established that Kingdom seek guidance on alternative Lakebest and Suqian Foreign Trade they are entitled to a separate rate. As reporting requirements, or propose an responded to the Department’s initial adverse facts available, the Department alternate form for submitting the questionnaire, but then failed to is assigning these companies the rate of required data, as contemplated in respond to the Department’s 223.01 percent the highest rate section 782(c)(1) of the Act. supplemental questionnaires. Fujian determined in any previous segment of Section 782(d) of the Act provides Pelagic, Shantou SEZ, and Yancheng this proceeding. See Freshwater that if the Department determines that a Foreign Trade failed to respond to any Crawfish Tail Meat from the People’s response to a request for information of the Department’s questionnaires. Republic of China; Notice of Final does not comply with the request, the Sections 776(a)(2)(A) and 776(a)(2)(B) of Results of Antidumping Duty Department will inform the person the Act provide for the use of facts Administrative Review, and Final submitting the response of the nature of available when an interested party Partial Rescission of Antidumping Duty the deficiency and shall, to the extent withholds information that has been Administrative Review, 67 FR 19546 practicable, provide that person the requested by the Department, or when (April 22, 2002). As discussed below, opportunity to remedy or explain the an interested party fails to provide the this rate has been corroborated. deficiency. If that person submits information requested in a timely further information that continues to be 2. China Kingdom manner and in the form required. These unsatisfactory, or this information is not five respondents failed to provide Pursuant to sections 776(a)(2)(A) and submitted within the applicable time information explicitly requested by the (B) and section 776(b) of the Act, the limits, the Department may, subject to Department; therefore, we must resort to Department determines that the section 782(e), disregard all or part of the facts otherwise available. Because application of adverse facts available is the original and subsequent responses, these respondents did not respond to also warranted for respondent China as appropriate. In its questionnaire, the the Department’s questionnaires, Kingdom. At verification, China Department asked China Kingdom to sections 782(d) and (e) of the Act are not Kingdom explained that the total provide production and factors of applicable. In addition, section 782(c)(1) production and factors of production production data for the POR (September does not apply because these parties did reported in its answers to the 1, 2000, to August 31, 2001). Prior to the not indicate that they were unable to Department’s questionnaires were based verification, the Department had no submit the information required by the on production outside the POR. China means of determining whether the data Department. Kingdom then attempted to submit new came from the relevant POR, and Section 776(b) of the Act provides factual information, consisting of new therefore could not inform the that, in selecting from among the facts figures for total production and factors respondent that its response was available, the Department may use an of production. See Memorandum to the deficient. On the other hand, China inference that is adverse to the interests File: Antidumping Duty Administrative Kingdom had access to the necessary of the respondent, if it determines that Review of Freshwater Crawfish Tail information, and was fully aware of the a party has failed to cooperate to the Meat from the People’s Republic of time period covered by the current best of its ability. In applying the facts China: Verification Report for China review. In addition, China Kingdom had otherwise available, the Department has Kingdom Import & Export Co., Ltd. ample opportunities to correct its data determined that an adverse inference is (September 16, 2002) (China Kingdom prior to verification, but did not attempt warranted pursuant to section 776(b) of Verification Report). Sections to do so until verification had started. the Act because the Department has 776(a)(2)(A) and 776(a)(2)(B) of the Act Section 782(e) of the Act states that determined that these respondents provide for the use of facts available the Department shall not decline to failed to cooperate to the best of their when an interested party withholds consider information deemed ability. information that has been requested by ‘‘deficient’’ under section 782(d) if: (1) The Department finds that, by not the Department, or when an interested the information is submitted by the providing the necessary responses to the party fails to provide the information established deadline; (2) the information questionnaires issued by the requested in a timely manner and in the can be verified; (3) the information is Department, these five companies have form required. China Kingdom failed to not so incomplete that it cannot serve as failed to cooperate to the best of their provide total production and factors of a reliable basis for reaching the ability. None of these companies cited production for the relevant POR in a applicable determination; (4) the any reason for their failure to respond. timely manner. interested party has demonstrated that it Without this information, the Section 782(c)(1) of the Act provides acted to the best of its ability; and (5) Department cannot calculate margins for that if an interested party ‘‘promptly the information can be used without these companies nor determine that any after receiving a request from {the undue difficulties. As discussed above, merits a separate rate. This information Department} for information, notifies China Kingdom had ample time to was in the sole possession of the {the Department} that such party is submit the production and factors of respondents, and could not be obtained unable to submit the information production data for the relevant POR, otherwise. Thus, the Department is requested in the requested form and but failed to do so. In addition, the precluded from calculating margins for manner,’’ the Department may modify Department had provided China these companies or determining the requirements to avoid imposing an Kingdom with the exact dates for eligibility for separate rates. Therefore, unreasonable burden on that party. verification well in advance. However, in selecting from the facts available, the Throughout the course of this review, China Kingdom waited until verification

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to submit the production data for the As discussed further below, this rate has of a respondent, if it determines that a relevant POR. Thus, the data reported in been corroborated. party has failed to cooperate to the best the questionnaire response could not be of its ability. In applying the facts 3. Qingdao Zhengri/Yancheng Yaou verified. As set forth in section otherwise available, the Department 351.307(d) of the Department’s Pursuant to sections 776(a)(2)(A) and finds that an adverse inference is regulations, the purpose of verification (B) and section 776(b) of the Act, the warranted, pursuant to section 776(b) of is to verify the accuracy and Department determines that the the Act, because, as discussed above, completeness of the information in the application of adverse facts available is the Department has determined that questionnaire responses. China also warranted for respondents Qingdao Qingdao Zhengri/Yancheng Yaou has Kingdom did not act to the best of its Zhengri and Yancheng Yaou. As noted failed to cooperate to the best of its ability to comply with the Department’s above, we have determined that ability by refusing verification of request for information. The production Qingdao Zhengri and Yancheng Yaou Qingdao Zhengri. Furthermore, Qingdao and factors of production data for the should be treated as a single entity. On Zhengri/Yancheng Yaou have submitted relevant POR is critical to the June 4, 2002, Qingdao Zhengri/ contradictory responses regarding calculation of a dumping margin. China Yancheng Yaou informed us that whether Qingdao Zhengri had any sales Kingdom failed to provide this Qingdao Zhengri ‘‘does not wish to of crawfish tail meat during the POR. In information in its February 27, 2002, participate in a verification.’’ See Letter addition, Qingdao Zhengri/Yancheng responses to the Department’s section A from Qingdao Zhengri, at 1 (June 4, Yaou’s responses were accompanied by through D questionnaire. In addition, 2002). This decision prevented the certifications that did not comply with between February 27, 2002, and August verification of information placed on the the requirements of section 351.303(g) 8, 2002, China Kingdom failed to note record. Section 776(a)(2)(D) warrants the of the Department’s regulations. In light that the data it had provided was use of facts otherwise available in of these developments, we conclude completely irrelevant to this reaching a determination when that Qingdao Zhengri/Yancheng Yaou administrative review, and failed to information is provided, but cannot be did not act to the best of its ability in request an opportunity to submit verified. Furthermore, on July 23, 2002, this review. As adverse facts available, corrected data. At no time did the Qingdao Zhengri/Yancheng Yaou stated the Department is assigning this entity, respondent indicate that it had trouble that Qingdao Zhengri ‘‘did not make any and all other PRC exporters subject to obtaining or submitting the data for the sales during the period of review prior the PRC-wide rate, the rate of 223.01 relevant POR. Consequently, China to January 3, 2000.’’ See Letter from percent the highest rate determined in Kingdom has not demonstrated that it Qingdao Zhengri, at 1 (June 23, 2002). any previous segment of this acted to the best of its ability in This statement contradicted earlier proceeding. See Memorandum to Joseph providing the information requested by responses where Qingdao Zhengri/ A. Spetrini: Freshwater Crawfish Tail the Department. In addition, the Yancheng Yaou stated that Qingdao Meat from the People’s Republic of information was so incomplete that it Zhengri did not have any sales during China (PRC): Application of Total could not be used in the determination. the POR. In addition, several Adverse Facts Available for Qingdao The submitted questionnaire response submissions made by Qingdao Zhengri/ Zhengri Seafood Co., Ltd. and Yancheng for production and factors of production Yancheng Yaou did not contain accurate Yaou Seafood Co., Ltd. in the was unverifiable. See Verification certifications, as required by section Preliminary Results of the Report at 10. For these reasons, the 351.303(g) of the Department’s Administrative Review for the Period information could not be used without regulations. Sections 776(a)(2)(A) and September 1, 2000 through August 31, undue difficulty. 776(a)(2)(B) of the Act provide for the 2001 (September 30, 2002). As Section 776(b) of the Act provides use of facts otherwise available when an discussed further below, this rate has that, in selecting from among the facts interested party withholds information been corroborated. available, the Department may use an that has been requested by the inference that is adverse to the interests Department, or when an interested party 4. Qingdao Rirong of the respondent, if it determines that fails to provide the information At verification, Qingdao Rirong a party has failed to cooperate to the requested in a timely manner and in the explained that the total production and best of its ability. In applying the facts form required. factors of production (FOP) reported in otherwise available, the Department Since Qingdao Zhengri/Yancheng its responses to the Department’s finds that an adverse inference is Yaou did not allow on-site verification questionnaires were incomplete because warranted, pursuant to of its responses at Qingdao Zhengri, it omitted two months of production section 776(b) of the Act, because, as none of the information submitted and consumption data for each factor. discussed above, the Department has regarding Qingdao Zhengri could be Qingdao Rirong then attempted to determined that China Kingdom has verified, including its separate rate submit this new factual information, failed to cooperate to the best of its information. Furthermore, as discussed consisting of two months of previously ability. As adverse facts available, the above, Qingdao Zhengri/Yancheng Yaou unreported production and Department is assigning China Kingdom made contradictory statements consumption data, as ‘‘minor the rate of 223.01 percent the highest regarding sales to the United States, and corrections’’ to the questionnaire rate determined in any previous did not provide accurate certifications response. The Department declined to segment of this proceeding. See of its submissions by the deadline accept this new factual information as Memorandum to Joseph A. Spetrini: established by the Department. Thus, ‘‘minor corrections.’’ See Memorandum Freshwater Crawfish Tail Meat from the information submitted by Qingdao to Joseph A. Spetrini: Freshwater People’s Republic of China (PRC): Zhengri/Yancheng Yaou cannot serve as Crawfish Tail Meat from the People’s Application of Total Adverse Facts a reliable basis for reaching a Republic of China (PRC): Application of Available for China Kingdom Import & determination. Partial Facts Available for Factors of Export Co., Ltd. in the Preliminary Section 776(b) of the Act provides Production: Qingdao Rirong Foodstuff Results of the Administrative Review for that, in selecting from among the facts Co., Ltd. Preliminary Results of the the Period 9/1/00 - 8/31/01 (September available, the Department may use an Administrative Review (September 1, 30, 2002) (China Kingdom AFA Memo). inference that is adverse to the interests 2000, through August 31, 2001)

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(September 30, 2002); see also, were based on the entire POR, and demonstrated that it acted to the best of Antidumping Administrative Review of therefore could not inform the its ability in providing the information Freshwater Crawfish Tail Meat from the respondent that its response was requested by the Department. People’s Republic of China (PRC) (A– deficient. On the other hand, Qingdao Section 776(b) of the Act provides 570–848): Sales and Factors Verification Rirong had access to the necessary that, in selecting from among the facts Report for Qingdao Rirong Foodstuff information and was fully aware of the available, the Department may use an Co., Ltd. (Qingdao Rirong) (September time period covered by the current inference that is adverse to the interests 16, 2002) (Qingdao Rirong Verification review. In addition, Qingdao Rirong had of the respondent, if it determines that Report), on file in the Central Records ample opportunities to correct its a party has failed to cooperate to the Unit (CRU), Room B–099 of the main production and FOP data prior to best of its ability. In applying the facts Department building. verification, but did not do so until otherwise available, the Department Sections 776(a)(2)(A) and 776(a)(2)(B) verification had started, although it was finds that an adverse inference is of the Act provide for the use of facts aware that the Department would no warranted, pursuant to section 776(b) of available when an interested party longer accept new factual information at the Act, because the Department has withholds information that has been that point. determined that Qingdao Rirong has requested by the Department, or when Section 782(e) of the Act states that failed to cooperate to the best of its an interested party fails to provide the the Department shall not decline to ability. Qingdao Rirong did not report information requested in a timely consider information deemed significant data regarding production manner and in the form required. ‘‘deficient’’ under section 782(d) if: (1) and FOP during two months of the POR. Qingdao Rirong failed to provide the information is submitted by the In turn, the new data affected the accurate and complete factor values for established deadline; (2) the information calculation of the factors of production the POR in a timely manner. can be verified; (3) the information is for the entire POR. Furthermore, the Section 782(c)(1) of the Act provides not so incomplete that it cannot serve as Department issued, in all, four requests that if an interested party ‘‘promptly a reliable basis for reaching the for information to Qingdao Rirong, after receiving a request from {the applicable determination; (4) the which required Qingdao Rirong to Department} for information, notifies interested party has demonstrated that it examine its information submitted to {the Department} that such party is acted to the best of its ability; and (5) the Department. Nevertheless, on none unable to submit the information the information can be used without of these four occasions did Qingdao requested in the requested form and undue difficulties. From the time it Rirong ever revise its FOP, nor did it manner,’’ the Department may modify received the original questionnaire until indicate that it had not included certain the requirements to avoid imposing an verification, Qingdao Rirong had ample production and consumption data in its unreasonable burden on that party. time to submit accurate and complete FOP calculations. See Qingdao Rirong Throughout the course of this review, production and FOP for the relevant Verification Report. We therefore Qingdao Rirong had several POR. In addition, the Department had determine that Qingdao Rirong did not opportunities to correct the reported provided Qingdao Rirong with the exact cooperate to the best of its ability within data. However, at no time, prior to the dates for verification well in advance, the meaning of 776(b) of the Act, and verification, did Qingdao Rirong notify and had made it clear that all factual the application of adverse facts available the Department that it had any difficulty information should be submitted prior is warranted. in obtaining accurate and complete FOP to the start of verification. However, Although the failure to report FOP for the relevant POR. At no point during Qingdao Rirong waited until verification based on complete production and the review did Qingdao Rirong seek to submit revised FOP based on revised consumption data for the POR warrants guidance on alternative reporting production and consumption data. the application of adverse facts requirements, or propose an alternate Qingdao Rirong did not act to the best available, we do not find that the form for submitting the required data, as of its ability to comply with the application of total adverse facts contemplated in section 782(c)(1) of the Department’s request for information. available is warranted since Qingdao Act. Qingdao Rirong should have been able Rirong responded to the Department’s Section 782(d) of the Act provides to comply with the Department’s questionnaires; Qingdao Rirong allowed that, if the Department determines that requests for information in a timely for verification; and the reported sales a response to a request for information manner. Qingdao Rirong’s failure to information and the production and does not comply with the request, the provide essential information, namely, consumption information submitted to Department will inform the person timely and complete production and the Department in the original submitting the response of the nature of FOP data, hindered the Department’s questionnaire responses could be the deficiency and shall, to the extent ability to accurately calculate a verified and was confirmed to be practicable, provide that person the dumping margin for this company. accurate. See Qingdao Rirong opportunity to remedy or explain the Qingdao Rirong failed to provide this Verification Report. As such, the deficiency. If that person submits information in its March 27, 2002, Department has determined that partial further information that continues to be responses to the Department’s section A adverse facts available should be unsatisfactory, or this information is not through D questionnaire. In addition, applied to account for the unreported submitted within the applicable time between March 27, 2002, and July 29, months of production and consumption. limits, the Department may, subject to 2002, Qingdao Rirong failed to detect As partial adverse facts available for section 782(e), disregard all or part of that it had reported production volume the two months of the production the original and subsequent responses, and FOP that were incomplete and did season (September and October 2000) as appropriate. In its questionnaire, the not reflect the complete POR. At no time for which the Department rejected the Department asked Qingdao Rirong to did Qingdao Rirong indicate that it had production and consumption and FOP provide production and FOP data for trouble obtaining or submitting the data at verification as untimely filed the POR (September 1, 2000, to August production and FOP data for all the new factual information, we have 31, 2001). Prior to the verification, the months of the POR during which it applied the highest monthly factor value Department had no means of produced subject merchandise. of one of the remaining months of determining whether the data submitted Consequently, Qingdao Rirong has not production, except for the crawfish

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scrap factor, for which we will take the proceeding, it is not necessary to Zhengri/Yancheng Yaou, we determine lowest, as provided to and verified by question the reliability of the margin for that this rate has probative value. the Department. To calculate each factor that time period. See, e.g., Grain- With respect to Qingdao Rirong, the for the POR, we weighted each factor for Oriented Electrical Steel From Italy; factors we are using for partial adverse September and October using the Preliminary Results of Antidumping facts available constitute primary highest production quantity for any of Duty Administrative Review, 61 FR information on the record of this review. the five reported months, and then 36551, 36552 (July 11, 1996). With Corroboration within the meaning of the weighted the factors for the reported respect to the relevance aspect of SAA (see SAA at 870) and section months using the verified production corroboration, however, the Department 776(c) of the Act is therefore not quantity from each of those months. See will consider information reasonably at necessary. In addition, there is no Memorandum to File through Maureen its disposal to determine whether a information on the record of this review Flannery from Elfi Blum: Analysis for margin continues to have relevance. demonstrating that the factors selected the Preliminary Results of the Where circumstances indicate that the are not appropriate as adverse facts Administrative Review of Freshwater selected margin is not appropriate as available for Qingdao Rirong. Crawfish Tail Meat from the People’s adverse facts available, the Department Verification Republic of China: Qingdao Rirong will disregard the margin and determine Foodstuff Co., Ltd., dated September 30, an appropriate margin. For example, in As provided in section 782(i) of the 2002 (Calculation Memo); see also, Fresh Cut Flowers from Mexico: Final Act, we attempted to verify the Memorandum to Joseph A. Spetrini: Results of Antidumping Administrative responses of Qingdao Rirong and China Freshwater Crawfish Tail Meat from the Review, 61 FR 6812 (February 22, 1996), Kingdom. We used standard verification People’s Republic of China (PRC): the Department disregarded the highest procedures, including on-site inspection of the manufacturers’ facilities and the Application of Partial Facts Available margin in that case as adverse best examination of relevant sales and for Factors of Production: Qingdao information available (the predecessor financial records. However, as described Rirong Foodstuff Co., Ltd. Preliminary to facts available) because the margin in the ‘‘Application of Facts Available’’ Results of the Administrative Review was based on another company’s section above, we encountered problems (September 1, 2000 through August 31, uncharacteristic business expense at the verification of the questionnaire 2001) (September 30, 2002) (Qingdao resulting in an unusually high margin. responses submitted by both China Rirong AFA Memo). Similarly, the Department does not Kingdom and Qingdao Rirong. See apply a margin that has been Corroboration of Secondary China Kingdom Verification Report at discredited. See D & L Supply Co. v. Information Used As Adverse Facts 10 and Qingdao Rirong Verification Available United States, 113 F.3d 1220, 1221 (Fed. Report at 1–2; see also China Kingdom Cir. 1997) (the Department will not use Section 776(c) of the Act provides that AFA Memo and Qingdao Rirong AFA a margin that has been judicially when the Department relies on the facts Memo. Our verification results are invalidated). None of these unusual otherwise available and relies on outlined in the public versions of the circumstances are present here. ‘‘secondary information,’’ the verification reports, on file in the CRU, Department shall, to the extent Accordingly, we determine that the Room B–099 of the main Department practicable, corroborate that information highest rate from any previous segment building. of this administrative proceeding (i.e., from independent sources reasonably at Separate Rates the Department’s disposal. The the calculated rate of 223.01 percent) is Statement of Administrative Action, in accord with section 776(c)’s To establish whether a company H.R. Doc. 103–316 (SAA), states that requirement that secondary information operating in a non-market economy ‘‘corroborate’’ means to determine that be corroborated (i.e., that it have country (NME) is sufficiently the information used has probative probative value). The information used independent to be entitled to a separate value. See SAA at 870. To corroborate in calculating this margin was based on rate, the Department analyzes each secondary information, the Department sales and production data of a exporting entity under the test will, to the extent practicable, examine respondent in a prior review, as well as established in the Final Determination the reliability and relevance of the on the most appropriate surrogate value of Sales at Less Than Fair Value: information to be used. information available to the Department, Sparklers from the People’s Republic of With respect to China Kingdom, chosen from submissions by the parties China, 56 FR 20588 (May 6, 1991), as Fujian Pelagic, Qingdao Zhengri/ in that review, as well as information amplified by the Final Determination of Yancheng Yaou, Shantou SEZ, Suqian gathered by the Department itself. Sales at Less Than Fair Value: Silicon Foreign Trade, Yancheng Foreign Trade, Furthermore, the calculation of this Carbide from the People’s Republic of and Yangzhou Lakebest, we are margin was subject to comment from China, 59 FR 22585 (May 2, 1994). applying the highest rate from any interested parties in the proceeding. See Under this policy, exporters in NMEs previous segment of this administrative Freshwater Crawfish Tail Meat from the are entitled to separate, company- proceeding as adverse facts available, People’s Republic of China; Notice of specific margins when they can which is a rate calculated in the 1999– Final Results of Antidumping Duty demonstrate an absence of government 2000 review. However, unlike other Administrative Review, and Final control, both in law and in fact, with types of information, such as input costs Partial Rescission of Antidumping Duty respect to export activities. Evidence or selling expenses, there are no Administrative Review, 67 FR 19546 supporting, though not requiring, a independent sources for calculated (April 22, 2002). Moreover, as there is finding of de jure absence of dumping margins. The only source for no information on the record of this government control over export calculated margins is administrative review that demonstrates that this rate activities includes: 1) an absence of determinations. Thus, in an is not appropriately used as adverse restrictive stipulations associated with administrative review, if the Department facts available for Fujian Pelagic, an individual exporter’s business and chooses as total adverse facts available Shantou SEZ, Suqian Foreign Trade, export licenses; 2) any legislative a calculated dumping margin from the Yancheng Foreign Trade, Yangzhou enactments decentralizing control of current or a prior segment of the Lakebest, China Kingdom, and Qingdao companies; and 3) any other formal

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measures by the government the government to the enterprises involvement in the management decentralizing control of companies. De themselves. The Administrative selection process. Lastly, decisions facto absence of government control Regulations of the People’s Republic of made by Qingdao Rirong and China over exports is based on four factors: 1) China for Controlling the Registration of Kingdom concerning purchases of whether each exporter sets its own Enterprises as Legal Persons (Legal subject merchandise from other export prices independently of the Persons Law), issued on July 13, 1988 by suppliers are not subject to government government and without the approval of the State Administration for Industry approval. We therefore preliminarily a government authority; 2) whether each and Commerce of the PRC provide that, determine that there is an absence of de exporter retains the proceeds from its to qualify as legal persons, companies facto control over the export activities of sales and makes independent decisions must have the ‘‘ability to bear civil Qingdao Rirong and China Kingdom. regarding the disposition of profits or liability independently’’ and the right to Consequently, because evidence on financing of losses; 3) whether each control and manage their businesses. the record indicates an absence of exporter has the authority to negotiate These regulations also state that as an government control, both in law and in and sign contracts and other independent legal entity, a company is fact, over their export activities, we agreements; and 4) whether each responsible for its own profits and preliminarily determine that Qingdao exporter has autonomy from the losses. Both Qingdao Rirong and China Rirong and China Kingdom are each government regarding the selection of Kingdom also provided copies of the eligible for a separate rate. management. Foreign Trade Law of the PRC, which Normal Value Comparisons identifies the rights and responsibilities De Jure Control of business enterprises with foreign To determine whether Qingdao In their questionnaire responses, both investment, grants autonomy to foreign Rirong’s sales of the subject Qingdao Rirong and China Kingdom trade operators in management merchandise to the United States were stated that they are independent legal decisions, and establishes the foreign made at prices below NV, we compared entities. Qingdao Rirong also stated that trade operator’s accountability for its export prices to NV, as described in it is a PRC-foreign joint venture. profits and losses. Both entities also the Export Price and Normal Value Evidence on the record indicates that provided copies of their business and sections of this notice. As discussed the government does not have de jure export licenses. We therefore above in the Application of Facts control over either Qingdao Rirong’s or preliminarily determine that there is an Available section, we have applied China Kingdom’s export activities. Both absence of de jure control over the partial adverse facts available in companies submitted evidence of their export activities of Qingdao Rirong and determining the factors of production legal right to set prices independent of China Kingdom. used in the calculation of NV. all government oversight. Furthermore, the business licenses of Qingdao Rirong De Facto Control Export Price and China Kingdom indicate that each With respect to the absence of de For Qingdao Rirong, we based United is permitted to engage in the exportation facto control over export activities, States price on EP in accordance with of crawfish. We also found no evidence information on the record indicates that, section 772(a) of the Act, because the of de jure government control restricting for both Qingdao Rirong and China first sales to unaffiliated purchasers either entity’s exportation of crawfish. Kingdom, management for each were made prior to importation, and In their responses, Qingdao Rirong company is responsible for all decisions CEP was not otherwise warranted by the and China Kingdom both stated that no concerning export strategies, export facts on the record. We calculated EP export quotas apply to crawfish. Prior prices, profit distribution, and contract based on packed prices from the verifications have confirmed that there negotiations, and that there are no exporter to the first unaffiliated are no commodity-specific export governmental policy directives that purchaser in the United States. Where licenses required and no quotas for the affect management’s decisions. applicable, we deducted foreign inland seafood category ‘‘Other,’’ which Furthermore, each company’s pricing freight, inland insurance, and brokerage includes crawfish, in China’s Tariff and and export strategy decisions are not and handling expenses in the home Non-Tariff Handbook for 1996. In subject to any outside entity’s review or market from the starting price (gross addition, we have previously confirmed approval. Information on the record also unit price) in accordance with section that crawfish is not on the list of indicates that there is no government 772(c) of the Act. commodities with planned quotas in the involvement in the daily operations or 1992 PRC Ministry of Foreign Trade and the selection of management for either Normal Value Economic Cooperation document company. For companies located in NME entitled Temporary Provisions for There are no restrictions on the use of countries, section 773(c)(1) of the Act Administration of Export Commodities. revenues or profits including export provides that the Department shall See Freshwater Crawfish Tail Meat earnings for either Qingdao Rirong or determine NV using a factors-of- From the People’s Republic of China; China Kingdom. Each company’s production methodology if (1) the Preliminary Results of New Shipper general manager has the right to merchandise is exported from an NME Review, 64 FR 8543 (February 22, 1999) negotiate and enter into contracts, and country, and (2) available information and Freshwater Crawfish Tail Meat may delegate this authority to does not permit the calculation of NV From the People’s Republic of China; employees within the company. There using home-market prices, third-country Final Results of New Shipper Review, 64 is no evidence that this authority is prices, or constructed value under FR 27961 (May 24, 1999) (Ningbo New subject to any level of governmental section 773(a) of the Act. Shipper Review). approval. Qingdao Rirong has stated In every case conducted by the The following laws, which have been that its management is selected by its Department involving the PRC, the PRC placed on the record of this review, board of directors and/or its employees, has been treated as an NME country. indicate a lack of de jure government while China Kingdom has stated that its Pursuant to section 771(18)(C)(i) of the control over companies owned by ‘‘all management is selected by its board of Act, any determination that a foreign the people’’ and that control over these directors alone. Both companies have country is an NME country shall remain enterprises has been transferred from indicated that there is no government in effect until revoked by the

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administering authority. None of the for valuing the live crawfish input. Results For this review, we have companies contested such treatment in Based on this research, we found that obtained price quotes from Indonesia for these reviews. Accordingly, we have Spanish imports of Portugese crawfish wet and dried crab and shrimp shells. applied surrogate values to the factors of increased significantly, and that the Indonesia is the only country identified production to determine NV. See market appears to have recovered. See for this review as a surrogate country Memorandum to the File, through Memorandum to Barbara E. Tillman, comparable to the PRC for which we Maureen Flannery, Program Manager, Director, Office of AD/CVD Enforcement were able to obtain public surrogate Office of AD/CVD Enforcement VII, from VII, through Maureen Flannery, value information on shell scrap. See Adina Teodorescu, Case Analyst, Re.: Program Manager, from Matthew Policy Memo. Furthermore, we have a Administrative Review of Freshwater Renkey and Scot Fullerton, Analysts: price from Indonesia for wet shells, as Crawfish Tail Meat from the People’s Selection of Surrogate for the Valuation well as a price for dried shells. Republic of China; Factor Values of Whole, Live Freshwater Crawfish in Therefore, we used the price of wet crab Memorandum, dated September 30, the 2000 - 2001 Administrative and New and shrimp shells from Indonesia to 2002 (Factor Values Memorandum). We Shipper Reviews for Freshwater value the scrap shell in this calculated NV based on factors of Crawfish Tail Meat from the People’s administrative review. See production in accordance with section Republic of China (August 5, 2002) Memorandum to Barbara E. Tillman, 773(c)(4) of the Act and section (Crawfish Valuation Memo). Director, Office of AD/CVD Enforcement 351.408(c) of our regulations. Consistent Information concerning these imports is VII, through Maureen Flannery, with the original investigation and prior publicly available, published, and Program Manager, from Christian administrative reviews of this order, we regularly maintained by the Spanish Hughes and Adina Teodorescu, Case determined that India (1) is comparable government. Section 773(c)(4) of the Analysts: Surrogate Valuation of Shell to the PRC in level of economic Act, as amended, provides that in Scrap: Freshwater Crawfish Tail Meat development, and (2) is a significant valuing the factors of production, the from the People’s Republic of China producer of comparable merchandise. Department should use, to the extent (PRC), Administrative Review 9/1/00–8/ See Memorandum from the Office of possible, the prices or costs of factors of 31/01 and New Shipper Reviews 9/1/00– Policy to Maureen Flannery, Program production in one or more market 8/31/01 and 9/1/00–10/15/01 (August 5, Manager, Group III/Office 7 of AD/CVD, economy countries that are at a level of 2002). dated June 13, 2002 (Policy Memo). economic development comparable to We valued the factors of production With the exceptions of the crawfish that of the NME country and are as follows: input and the shell scrap, we valued the significant producers of comparable To value the input of whole live factors of production using publicly merchandise. While Spain is not at the crawfish, we used publicly available Spanish import data of whole live available information from India. We same level of economic development as crawfish from Portugal for September adjusted the Indian import prices by the PRC, we find that there is no reliable 2000 through August 2001. See Crawfish adding freight expenses to make them or usable publicly available information Valuation Memo. We adjusted the delivered prices. to value live crawfish from the surrogate values of whole live crawfish to include In the original investigation of sales at countries identified by the Office of freight costs incurred between the less than fair value (LTFV) and in Policy. See Memorandum to the File, supplier and the factory. For previous reviews of this order, for the through Maureen Flannery, Program transportation distances used in the crawfish input, we used Spanish import Manager, AD/CVD Enforcement VII, statistics for live freshwater crawfish calculation of freight expenses on whole from Christian Hughes and Doug imported from Portugal. However, in the live crawfish, we added to the surrogate Campau, Case Analysts: Surrogate final results of two subsequent new values a surrogate freight cost using the Value Research; Crawfish Tail Meat shipper reviews and the most recently shorter of (a) the distances between the from the People’s Republic of China completed administrative review, the closest PRC port and the factory, or (b) (PRC): Administrative Review 9/1/00–8/ Department found that Spanish imports the distance between the domestic 31/01 and New Shipper Reviews 9/1/00– of live freshwater crawfish from supplier and the factory. See Notice of 8/31/01 and 9/1/00–10/15/01 (August 5, Portugal had declined drastically. Final Determination of Sales at Less 2002). Since the trade in live freshwater Consequently, the Department found than Fair Value: Collated Roofing Nails crawfish between Spain and Portugal that the most appropriate surrogate from the People’s Republic of China, 62 value was the price paid by crawfish recovered during the 2000–2001 POR, FR 51410 (October 1, 1997) (Roofing processors to crawfish fishermen/ and since it appears that the recovery is Nails). harvesters for live crawfish up to 40 not likely to be an aberration, such To value crawfish scrap, we used a grams in weight in Australia. See published official government import price quote from Indonesia for crab and Freshwater Crawfish Tail Meat from the data is the preferred source of valuing shrimp shells. For further details, see People’s Republic of China; Notice of the factors of production. Accordingly, Factors Value Memorandum. Final Results of Antidumping Duty the Department is using the Spanish To value coal, we relied upon Indian Administrative Review, and Final import statistics to value the live import data for steam coal for the period Partial Rescission of Antidumping Duty freshwater crawfish input for purposes August 2000 through January 2001 from Administrative Review, 67 FR 19546 of this administrative review. the Monthly Statistics of the Foreign (April 22, 2002) (99/00 Final Results). In previous reviews, the Department Trade of India (Monthly Statistics). We Submissions placed on the record of has used a Canadian free-on-board adjusted the cost of coal to include an the current administrative review (FOB) factory price quote for dried crab amount for transportation. To value indicate that the appropriate basis for and shrimp shells to value crawfish electricity, we used the average of the the valuation of the live crawfish input shell scrap. Because this surrogate price 1997 total cost per kilowatt hour (KWH) remains a significant issue. was on a dry-weight basis, whereas for ‘‘Electricity for Industry’’ as reported Consequently, the Department shells were sold wet by the Chinese in the International Energy Agency’s conducted additional research in an exporter, we converted the dry-weight publication, Energy Prices and Taxes, attempt to identify the best available price to a wet-weight basis to reflect the First Quarter, 2000. For water, we relied information among the possible options value of the shell scrap. See 99/00 Final upon public information from the

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October 1997 Second Water Utilities cost of manufacture. See Factor Values finished product using the WPI for India Data Book: Asian and Pacific Region, Memorandum. from the IFS. published by the Asian Development For labor, we used the PRC To value brokerage and handling, we Bank. To achieve comparability of regression-based wage rate at Import used a publicly summarized version of electricity and water prices to the Administration’s home page, Import the average value for brokerage and factors reported for the POR, we Library, Expected Wages of Selected handling expenses reported in Final adjusted these factor values to reflect NME Countries, revised in September Determination of Sales at Less Than inflation to the POR using the 2002. See http://ia.ita.doc.gov/wages/. Fair Value: Certain Hot-Rolled Carbon Wholesale Price Index (WPI) for India, Because of the variability of wage rates Steel Flat Products from India, 67 FR as published in the 2001 International in countries with similar per capita 50406 (October 3, 2001) (Hot-Rolled Financial Statistics (IFS) by the gross domestic products, section from India), which was also used in International Monetary Fund (IMF). 351.408(c)(3) of the Department’s China Pipe. We used the average of the To value packing materials (plastic regulations requires the use of a foreign brokerage and handling bags, cardboard boxes and adhesive regression-based wage rate. The source expenses reported in the U.S. sales listing of the public questionnaire tape), we relied upon Indian import data of these wage rate data on the Import response submitted in the antidumping for the period August 2000 through Administration’s Web site is the Year investigation of Essar Steel Ltd. in Hot- January 2001 from the Monthly Book of Labour Statistics 2001, Rolled from India. Charges were Statistics. We adjusted the values of International Labour Office (Geneva: reported on a per metric ton basis. We packing materials to include freight 2001), Chapter 5B: Wages in adjusted these values to reflect inflation costs incurred between the supplier and Manufacturing. to the POR using the WPI for India from the factory. For transportation distances We valued movement expenses as the IFS. For further discussion, see used in the calculation of freight follows: Factor Values Memorandum. expenses on packing materials, we To value truck freight expenses we added, to surrogate values from India, a used nineteen Indian price quotes as Currency Conversion surrogate freight cost using the shorter reported in the February 14, 2000 issue For purposes of these preliminary of (a) the distances between the closest of The Financial Express, which were results, we made currency conversions PRC port and the factory, or (b) the used in the antidumping duty in accordance with section 773A(a) of distance between the domestic supplier investigation of certain circular welded the Act, based on the exchange rates in and the factory. See Roofing Nails. carbon-quality steel pipe from the PRC. effect on the dates of the U.S. sales, as To value factory overhead, selling, See Notice of Final Determination of certified by the Federal Reserve Bank of general, and administrative expenses Sales at Less than Fair Value: Certain New York. (See http://ia.ita.doc.gov/ (SG&A) and profit, we calculated simple Circular Welded Carbon-Quality Steel exchange/index.html.) average rates using publicly available Pipe from the People’s Republic of 1996–97 financial statements of four China, 67 FR 36570 (May 24, 2002) Preliminary Results of Review Indian seafood processing companies, (China Pipe). We adjusted the rates to We preliminarily determine that the and applied these rates to the calculated reflect inflation to the POR of the following dumping margins exist:

Manufacturer/Exporter Time Period Margin (percent)

Qingdao Rirong ...... 9/1/00–8/31/01 0.00 China Kingdom ...... 9/1/00–8/31/01 223.01 PRC-Wide Rate1 ...... 9/1/00–8/31/01 223.01 1 Fujian Pelagic, Qingdao Zhengri/Yancheng Yaou, Shantou SEZ, Suqian Foreign Trade, Yancheng Foreign Trade, and Yangzhou Lakebest are included in the PRC-wide rate.

Cash Deposit Requirements results. (2) For other exporters with workday thereafter, at the U.S. separate rates, the deposit rate will be Department of Commerce, 14th Street The following deposit rates will be the company-specific per-kilogram or ad and Constitution Avenue N.W., effective upon publication of the final valorem rate established for the most Washington, DC 20230. Individuals who results of this administrative review for recent period, as applicable. (3) For all wish to request a hearing must submit all shipments of freshwater crawfish tail other PRC exporters, the rate will be the a written request within 30 days of the meat from the PRC entered, or PRC-wide rate, 223.01 percent. (4) For publication of this notice in the Federal withdrawn from warehouse, for all other non-PRC exporters of subject Register to the Assistant Secretary for consumption on or after the publication merchandise from the PRC, the cash Import Administration, U.S. Department date, as provided for by section deposit rate will be the rate applicable of Commerce, Room 1870, 14th Street 751(a)(2)(C) of the Act: (1) If the margin to the PRC supplier of that exporter. and Constitution Avenue, NW., for Qingdao Rirong remains zero, no Washington, DC 20230. Requests for a Comments and Hearing cash deposits would be required for public hearing should contain: (1) the shipments exported by Qingdao Rirong. Parties to the proceeding may request party’s name, address, and telephone If Qingdao Rirong’s margin is above de disclosure within 5 days of the date of number; (2) the number of participants; minimis in the final results, for subject publication of this notice in accordance and (3) a list of the issues to be merchandise exported by Qingdao with 19 CFR 351.224(b). Any interested discussed. Interested parties may submit Rirong, the cash deposit rate will be the party may request a hearing within 30 case briefs within 30 days of the date of total amount of antidumping duties due, days of publication in accordance with publication of this notice in accordance divided by the total quantity exported 19 CFR 351.310(c). Any hearing would with 19 CFR 351.309(c)(2). Rebuttal during the POR. China Kingdom’s rate normally be held two days after the briefs, which must be limited to issues will be the rate established in the final deadline for rebuttal briefs, or the first raised in the case briefs, may be filed

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not later than 5 days after the due date 351.402(f) of the Department’s Background for submission of case briefs. Parties regulations to file a certificate regarding The Department received a letter from who submit arguments are requested to the reimbursement of antidumping the Republic of Estonia Ministry of submit with each argument (1) a duties prior to liquidation of the Foreign Affairs dated July 10, 2002, statement of the issue and (2) a brief relevant entries during this review requesting a review of Estonia’s status as summary of the argument. If a hearing period. Failure to comply with this a non-market economy (‘‘NME’’) is held, an interested party may make an requirement could result in the country. In the letter, the Government of affirmative presentation only on Secretary’s presumption that Estonia submitted documentation arguments included in that party’s case reimbursement of antidumping duties supporting its request for market brief and may make a rebuttal occurred and the subsequent assessment economy status. The Department presentation only on arguments of double antidumping duties. subsequently received a letter from the included in that party’s rebuttal brief. This administrative review and this Ambassador of Estonia to the United Parties should confirm by telephone the notice are published in accordance with States dated September 20, 2002, time, date, and place of the hearing 48 section 751(a)(1) of the Act, and sections requesting a review of Estonia’s non- hours before the scheduled time. 351.213 and 351.221 of the market economy status under a changed The Department intends to issue the Department’s regulations. final results of this administrative circumstances review of the review, which will include the results of Dated: September 30, 2002. antidumping duty order on solid urea its analysis of issues raised in any briefs, Faryar Shirzad, from Estonia. within 120 days from the date of Assistant Secretary for Import In response to this latter request, the publication of these preliminary results. Administration. Department is initiating a changed [FR Doc. 02–26311 Filed 10–15–02; 8:45 am] circumstances review in order to Assessment Rates BILLING CODE 3510–DS–S examine whether Estonia is still a non- Upon completion of this market economy country for purposes of administrative review, the Department the antidumping and countervailing shall determine, and the U.S. Customs DEPARTMENT OF COMMERCE duty laws, pursuant to sections 751(b) Service shall assess, antidumping duties and 771(18)(C)(ii) of the Act. on all appropriate entries. The International Trade Administration The Department has treated Estonia as Department will issue appraisement an NME country in all past antidumping instructions directly to the U.S. Customs [A–447–801] duty investigations and administrative Service upon completion of this review. reviews. See, e.g., Urea From the Union For assessment purposes, for Qingdao Notice of Initiation of a Changed of Soviet Socialist Republics; Final Rirong, where appropriate, we will Circumstances Review of the Determination of Sales at Less Than Fair calculate importer-specific assessment Antidumping Duty Order on Solid Urea Value, 52 FR 19557 (May 26, 1987); and, rates for freshwater crawfish tail meat From Estonia Solid Urea from the Union of Soviet from the PRC. We will divide the total Socialist Republics—Transfer of the AGENCY: Import Administration, dumping margins (calculated as the Antidumping Duty Order on Solid Urea International Trade Administration, difference between NV and EP) for each From the Union of Soviet Socialist Department of Commerce. importer by the total quantity of subject Republics to the Commonwealth of merchandise sold by Qingdao Rirong to ACTION: Notice of initiation and request Independent States and the Baltic States that importer during the POR. Upon the for comments. and Opportunity to Comment, 57 FR completion of this review, we will 28828 (June 29, 1992. A designation as direct Customs to assess the resulting DATES: October 16, 2002. an NME remains in effect until it is quantity-based rates against the weight FOR FURTHER INFORMATION CONTACT: revoked by the Department. See section in kilograms of each entry of the subject George Smolik, Office of Policy, Import 771(18)(C)(i) of the Act. Administration, International Trade merchandise by the importer during the Opportunity for Public Comment POR. See Memorandum to Barbara E. Administration, U.S. Department of Tillman through Maureen Flannery, Commerce, 14th Street and Constitution As part of this inquiry to determine from Mark Hoadley: Collection of Cash Avenue, NW., Washington, DC 20230; whether to revoke Estonia’s NME status, Deposits and Assessment of Duties on telephone: (202) 482–1843. the Department is interested in Freshwater Crawfish from the PRC SUMMARY: The Department of Commerce receiving public comment with respect (August 27, 2001), and placed on the is initiating a changed circumstances to Estonia on the factors listed in section record of this review. Also upon review in order to examine whether 771(18)(B) of the Act, which the completion of this review, for China Estonia is still a non-market economy Department must take into account in Kingdom and all exporters subject to the country for purposes of the antidumping making a market/non-market economy PRC-wide rate, we will direct Customs and countervailing duty laws. determination: (i) The extent to which the currency of the foreign country is to assess the resulting ad valorem rates The Applicable Statute against the entered value of each entry convertible into the currency of other of the subject merchandise during the Unless otherwise indicated, all countries; (ii) the extent to which wage POR. The Department will issue citations to the Tariff Act of 1930, as rates in the foreign country are appropriate assessment instructions amended (‘‘the Act’’) are references to determined by free bargaining between directly to the Customs Service within the provisions effective January 1, 1995, labor and management; (iii) the extent to 15 days of publication of the final the effective date of the amendments which joint ventures or other results of review. made to the Act by the Uruguay Round investments by firms of other foreign Agreements Act. In addition, unless countries are permitted in the foreign Notification to Importers otherwise indicated, all citations to the country; (iv) the extent of government This notice also serves as a Department of Commerce’s ownership or control of the means of preliminary reminder to importers of (‘‘Department’’) regulations are to 19 production; (v) the extent of government their responsibility under 19 CFR CFR part 351 (2002). control over allocation of resources and

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over price and output decisions of one is requested in the initial or rebuttal Development Co., Ltd. (‘‘Tung Mung’’) enterprises; and (vi) such other factors comments on this issue. If the and Yieh United Steel Company Ltd. as the administering authority considers Department determines that a hearing is (‘‘YUSCO’’). appropriate. warranted, the Department will In Tung Mung Development Co., Ltd. announce a place and time for that v. United States, Slip Op. 01–83, Ct. Comments—Deadline, Format, and Int’l Trade LEXIS 94 (July 3, 2001) Number of Copies hearing. This determination is issued and (‘‘Tung Mung I’’), the Court remanded The deadline for submission of published in accordance with sections the Department’s determination on the comments will be 45 days after the date 751(b) and 771(18)(C)(ii). issue of the single, weighted-average of publication of this notice in the Dated: October 8, 2002. rate for producers and middlemen. The Federal Register. All comments should Court ordered the Department to ‘‘either Faryar Shirzad, be filed at the Department of Commerce provide a reasonable explanation of Central Records Unit located at the Assistant Secretary for Import substantial evidence for its change in Administration. address listed below. Rebuttal practice, or * * * apply a combination comments may be submitted up to 30 [FR Doc. 02–26312 Filed 10–15–02; 8:45 am] rate, consistent with its prior practice.’’ days after the date initial comments are BILLING CODE 3510–DS–P On November 8, 2001, the Department due. Each person submitting comments issued its draft results of should include his or her name and redetermination of remand for comment address, and give reasons for any DEPARTMENT OF COMMERCE by interested parties. On November 15, 1 recommendation. To facilitate their International Trade Administration 2001, petitioners and Tung Mung consideration by the Department, submitted comments in response to the comments should be submitted in the [A–580–831] Department’s draft results of following format: (1) Begin each redetermination of remand. Plaintiff- comment on a separate page; (2) Stainless Steel Sheet and Strip in Coils Intervener YUSCO did not file concisely state the issue identified and from Taiwan: Notice of Court Decision comments in response to the discussed in the comment and include AGENCY: Import Administration, Department’s draft results of any supporting documentation in International Trade Administration, redetermination of remand. On exhibits or appendices; (3) provide a U.S. Department of Commerce. November 20, 2001, petitioners, Tung brief summary of the comment (a Mung and YUSCO submitted rebuttal ACTION: Notice of Court Decision. maximum of 3 sentences) and label this comments. On November 28, 2001, the section ‘‘summary of comment;’’ (4) SUMMARY: On August 22, 2002, the Department issued its final results of provide an index or table of contents; United States Court of International redetermination of remand to the Court. and (5) include the case number A–447– Trade (‘‘Court’’) sustained the final The remand redetermination explained 801 in the top right hand corner of the remand determination made by the the legal authority under which the submission. To simplify the processing Department of Commerce (‘‘the Department may apply either a single and distribution of comments, the Department’’) pursuant to the Court’s weighted-average rate or a combination Department requires the submission of remand of the final determination of the rate in a middleman dumping case, documents in electronic form administrative review of stainless steel depending on the facts of the case. The accompanied by an original and six sheet and strip in coils from Taiwan. Department reconsidered its use of a copies in paper form. We require that See Tung Mung Development Co., Ltd. single weighted-average rate in this documents filed in electronic form be v. United States, Ct. No. 99–07–00457, case, in response to the Court’s on DOS formatted 3.5’ diskettes and Slip Op. 02–93 (Ct. Int’l Trade August expressed concern, and applied instead prepared in either WordPerfect 9 format 22, 2002) (‘‘Tung Mung II’’). This case combination rates to both Tung Mung’s or a format that the WordPerfect arises out of the Department’s Notice of and YUSCO’s merchandise. program can convert and import into Final Determination of Sales at Less On August 22, 2002, the Court WordPerfect 9. Please submit comments Than Fair Value: Stainless Steel Sheet affirmed the Department’s analysis and in separate files on the diskette. and Strip in Coils from Taiwan; 64 FR recognized the authority of the Comments received on diskette will be 30592 (June 8, 1999) (‘‘Final Department to apply either a single made available to the public on the Determination’’). The final judgment in weighted-average rate or a combination Internet at Import Administration’s Web this case was not in harmony with the rate in a middleman dumping case, site, http://ia.ita.doc.gov. Paper copies Department’s June 1999 Final depending on the facts of the case. It will be available for reading and Determination. then sustained the Department’s photocopying in the Central Records redetermination of remand. See Tung EFFECTIVE DATE: Unit, Room B–099, U.S. Department of September 2, 2002. Mung II. Commerce, Pennsylvania Avenue and FOR FURTHER INFORMATION CONTACT: In its decision in Timkin Co. v. United 14th Street, NW., Washington, DC Laurel LaCivita, Antidumping/ States, 893 F.2d 337, 341 (Fed. Cir. 20230. Any questions concerning file Countervailing Duty Enforcement, 1990) (‘‘Timkin’’), the United States formatting, document conversion, Import Administration, International Court of Appeals for the Federal Circuit access on the Internet, or other file Trade Administration, U.S. Department held that, pursuant to 19 U.S.C. § requirements should be addressed to of Commerce, 14th Street and 1516a(e), the Department must publish Andrew Lee Beller, Import Constitution Avenue, NW, Washington a notice of a court decision which is not Administration Webmaster, (202) 482– DC 20230; telephone (202) 482–4243. ‘‘in harmony’’ with a Department 0866. SUPPLEMENTARY INFORMATION: The Court determination, and must suspend of International Trade in Tung Mung II Hearing affirmed the Department’s remand 1 Allegheny Ludlum, AK Steel Corporation After reviewing all comments and redetermination, which related to the (formerly Armco, Inc.), J&L Specialty Steel, Inc., North American Stainless, Butler-Armco rebuttal comments, the Department will Department’s middleman dumping Independent Union, Zanesville Armco Independent determine whether a public hearing on methodology and the antidumping Union, and the United Steelworkers of America, the NME country issue is warranted, if margin assigned to the Tung Mung AFL-CIO/CLC.

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liquidation of entries pending a Request for Public Comments Export Trade ‘‘conclusive’’ court decision. The Product Court’s decision in Tung Mung II on Interested parties may submit written August 22, 2002, constitutes a final comments relevant to the determination High fructose corn syrup (‘‘HFCS’’), a decision of that court which is ‘‘not in whether a Certificate should be issued. sweetener derived from the corn wet harmony’’ with the Department’s final If the comments include any privileged milling process. HFCS takes the results of antidumping duty or confidential business information, it following forms: 42 percent fructose administrative review. This notice is must be clearly marked and a (item 1702.40 of the U.S. Harmonized published in fulfillment of the nonconfidential version of the Tariff Schedule (HTS)); 55 percent publication requirements of Timkin. comments (identified as such) should be fructose and enriched HFCS (greater Accordingly, the Department will included. Any comments not marked than 55 percent fructose) (item 1702.60 continue the suspension of liquidation privileged or confidential business of the HTS); and crystalline fructose of the subject merchandise pending the information will be deemed to be (item 1702.50 of the HTS). expiration of the period of appeal, or, if nonconfidential. An original and five Export Markets appealed, upon a ‘‘conclusive’’ court copies, plus two copies of the HFCS will be exported only to decision. nonconfidential version, should be Mexico. Dated: October 3, 2002. submitted no later than 20 days after the Faryar Shirzad, date of this notice to: Office of Export Purpose Assistant Secretary for Import Trading Company Affairs, International The CRA will manage the system for Administration. Trade Administration, Department of allocating rights to ship under tariff-rate [FR Doc. 02–26310 Filed 10–15–02; 8:45 am] Commerce, Room 1104H, Washington, quotas (TRQs) permitting duty-free BILLING CODE 3510–DS–S DC 20230, or transmit by e-mail at entry of U.S. HFCS into Mexico. [email protected]. Information submitted by any person is exempt from Organization and Membership DEPARTMENT OF COMMERCE disclosure under the Freedom of The CRA, a not-for-profit Delaware Information Act (5 U.S.C. 552). corporation, is a trade association for International Trade Administration However, nonconfidential versions of the corn refining industry. Its the comments will be made available to membership includes all U.S. producers Export Trade Certificate of Review the applicant if necessary for of HFCS. Under the CRA bylaws, any determining whether or not to issue the U.S. entity engaged in the United States ACTION: Notice of application. Certificate. Comments should refer to in the production and distribution of this application as ‘‘Export Trade products produced from corn by the wet SUMMARY: The Office of Export Trading milling process (e.g., corn starch, corn Company Affairs (‘‘OETCA’’), Certificate of Review, application number 02–00003.’’ A summary of the syrup, corn sugar, corn alcohol) is International Trade Administration, eligible for membership in the CRA. Department of Commerce, has received application follows. TRQ Administrator an application for an Export Trade Summary of the Application Certificate of Review. This notice The CRA shall contract with an summarizes the conduct for which Applicant: Corn Refiners Association, independent third party who is not certification is sought and requests Inc. (‘‘CRA’’), 1701 Pennsylvania engaged in the production, distribution comments relevant to whether the Avenue, NW., Suite 950, Washington, or sale of HFCS to administer the TRQ Certificate should be issued. DC 20006. System. The third party Administrator FOR FURTHER INFORMATION CONTACT: Contact: M. Jean Anderson, Counsel, will be subject to general oversight and Jeffrey C. Anspacher, Director, Office of Telephone: (202) 682–7217. supervision by the Board of Directors of the CRA. Export Trading Company Affairs, Application No.: 02–00003. International Trade Administration, Date Deemed Submitted: October 2, TRQ System (202) 482–5131 (this is not a toll-free The Administrator shall allocate TRQ number) or E-mail at [email protected]. 2002. Members (in addition to the rights based on each member’s U.S. SUPPLEMENTARY INFORMATION: Title III of applicant): A.E. Staley Manufacturing HFCS share of total U.S. HFCS the Export Trading Company Act of Company, Decatur, Illinois (subsidiary production capacity. In accordance with 1982 (15 U.S.C. 4001–21) authorizes the of Tate & Lyle plc, London, United those allocations, the Administrator Secretary of Commerce to issue Export shall issue certificates (‘‘TRQ Kingdom); Archer Daniels Midland Trade Certificates of Review. A Certificates’’) to members evidencing Company, Decatur, Illinois; Cargill, Certificate of Review protects the holder the right to ship specified quantities of Incorporated, Minneapolis, Minnesota; and the members identified in the U.S. HFCS duty-free to Mexico. TRQ Certificate from state and federal Corn Products International, Inc., Certificates shall be freely transferable. government antitrust actions and from Westchester, Illinois; National Starch private, treble damage antitrust actions and Chemical Company, Bridgewater, Confidential Information for the export conduct specified in the New Jersey (subsidiary of ICI plc, Any confidential information Certificate and carried out in London, United Kingdom); Penford submitted by an applicant for compliance with its terms and Corporation, Bellevue, Washington; and membership, by a member, or by any conditions. Section 302(b)(1) of the Act Roquette America, Inc., Keokuk, Iowa other person in connection with the and 15 CFR 325.6(a) require the (subsidiary of Roquette Fre`res, Lestrem, TRQ System shall be marked Secretary to publish a notice in the France). CRA seeks a Certificate to cover ‘‘confidential’’ and submitted to the Federal Register identifying the the following specific Export Trade, Administrator, who shall maintain its applicant and summarizing its proposed Export Markets, and Export Trade confidentiality. The Administrator shall export conduct Activities and Methods of Operations. not disclose such confidential

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information to any member other than DEPARTMENT OF COMMERCE Council and contractor with an the submitter, or to any officers, agents, evaluation of the scientific or employees of any member other than National Oceanic and Atmospheric completeness and possible suggestions the submitter, and shall not disclose Administration for revisions. such confidential information to any [I.D. 100802G] Although non-emergency issues not other person except to another neutral contained in the agendas may come third party as necessary to make the Gulf of Mexico Fishery Management before the Technical and User Review determination for which the information Council; Public Meeting Panels and the SSC for discussion, in accordance with the Magnuson-Stevens was submitted, to allocate TRQ AGENCY: National Marine Fisheries Fishery Conservation and Management quantities, or in connection with reports Service (NMFS), National Oceanic and Act (Magnuson Act), those issues may to the U.S. Department of Commerce as Atmospheric Administration (NOAA), not be the subject of formal action required by the Export Trade Certificate Commerce. during these meetings. Action will be of Review or the arbitration of a dispute. ACTION: Notice of public meeting. restricted to those issues specifically Cooperation With the U.S. and Mexican identified in this notice and any issues SUMMARY: The Gulf of Mexico Fishery Governments arising after publication of this notice Management Council will convene that require emergency action under The CRA will provide whatever public meetings of the Technical section 305 (c) of the Magnuson Act, information and consultations may be Review Panel, the User Review Panel, provided the public has been notified of necessary to facilitate cooperation and the Standing Scientific and the Council’s intent to take final action between the U.S. Government and the Statistical Committee (SSC) from to address the emergency. Government of Mexico concerning the October 30, 2002 through November 1, Copies of the agendas of these implementation and operation of the 2002. meetings can be obtained by calling the TRQ System. Furthermore, directly or DATES: The Council’s Technical Review Council office at 813–228–2815 (toll- free 888–833–1844). through the U.S. Government, the CRA Panel, User Review Panel, and Standing will endeavor to accommodate any SSC will convene in separate meetings Special Accommodations information requests from the at 1 p.m. on Wednesday, October 30, 2002 and will conclude by 3 p.m. on This meeting is physically accessible Government of Mexico (while protecting Friday, November 1, 2002. to people with disabilities. Requests for confidential information entrusted to sign language interpretation or other ADDRESSES: The meetings will be held at the Administrator), and will consult auxiliary aids should be directed to the Hilton Tampa Airport Westshore with the Government of Mexico as Anne Alford at the Council (see Hotel, 2225 Lois Avenue, Tampa, FL; appropriate. ADDRESSES) by October 23, 2002. telephone: 813–877–6688. Miscellaneous Implementing Provisions Council address: Gulf of Mexico Dated: October 10, 2002. Fishery Management Council, 3018 U.S. Matteo J. Milazzo, The CRA and/or its members may (i) Highway 301 North, Suite 1000, Tampa, Acting Director, Office of Sustainable meet, discuss and provide for an FL 33619. Fisheries, National Marine Fisheries Service. administrative structure to implement FOR FURTHER INFORMATION CONTACT: Dr. [FR Doc. 02–26322 Filed 10–15–02; 8:45 am] the TRQ management system, assess its Richard Leard, Senior Fishery Biologist, BILLING CODE 3510–22–S operations and provide modifications as the Gulf of Mexico Fishery Management necessary to improve its workability, (ii) Council, 3018 U.S. Highway 301 North, meet, exchange, and discuss Suite 1000, Tampa, FL 33619; DEPARTMENT OF COMMERCE information regarding the structure and telephone: 813–228–2815. National Oceanic and Atmospheric method for implementing the TRQ SUPPLEMENTARY INFORMATION: The Administration management system, (iii) meet, Technical Review Panel will review the exchange and discuss the types of intermediate draft of the Essential Fish [I.D. 100802F] information needed concerning bilateral Habitat (EFH) Environmental Impact Gulf of Mexico Fishery Management agreements between the U.S. and Statement (EIS) and provide the Council Council; Public Meeting Mexican Governments, and any and contractor with suggestions for resulting legislation or regulations, technical revisions. In addition the AGENCY: National Marine Fisheries affecting the TRQ management system, Technical Review Panel members serve Service (NMFS), National Oceanic and and (iv) otherwise meet, exchange and as contract monitors. Atmospheric Administration (NOAA), discuss information as necessary to The User Review Panel will review Commerce. implement the activities described the intermediate draft of the EFH EIS ACTION: Notice of public meeting. above and take the necessary action to and provide the Council and contractor SUMMARY: The Gulf of Mexico Fishery implement the foregoing TRQ with suggestions for revisions. In Management Council (Council) will management system. addition the User Review Panel members are asked to provide their convene a public meeting of its Florida/ Dated: October 10, 2002. comments on whether the documents Alabama, Mississippi/Louisiana, and Jeffrey C. Anspacher, properly address the issues of each user Texas Habitat Protection Advisory Director, Office of Export Trading Company group represented. The User Review Panels (APs) from October 30, 2002 Affairs. Panel is comprised of representatives through November 1, 2002. [FR Doc. 02–26321 Filed 10–15–02; 8:45 am] from the following sectors: recreational, DATES: The Joint Habitat Protection APs BILLING CODE 3510–DR–P charter, commercial, environmental, oil will convene at 1 p.m. on Wednesday, and gas industry, and wetlands owners. October 30, 2002 and will conclude by The Standing Scientific and Statistical 3 p.m. on Friday, November 1, 2002. Committee will review the intermediate ADDRESSES: The meeting will be held at draft of the EFH EIS and provide the the Hilton Tampa Airport Westshore

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Hotel, 2225 Lois Avenue, Tampa, FL; auxiliary aids should be directed to see 66 FR 59409, published on telephone: (813) 877–6688. Anne Alford at the Council (see November 28, 2001. Council address: Gulf of Mexico ADDRESSES) by October 23, 2002. Fishery Management Council, 3018 U.S. James C. Leonard III, Dated: October 10, 2002. Highway 301 North, Suite 1000, Tampa, Chairman, Committee for the Implementation FL 33619. Matteo J. Milazzo, of Textile Agreements. FOR FURTHER INFORMATION CONTACT: Dr. Acting Director, Office of Sustainable Committee for the Implementation of Textile Richard Leard, Senior Fishery Biologist, Fisheries, National Marine Fisheries Service. Agreements [FR Doc. 02–26323 Filed 10–15–02; 8:45 am] Gulf of Mexico Fishery Management October 10, 2002. Council, 3018 U.S. Highway 301 North, BILLING CODE 3510–22–S Suite 1000, Tampa, FL 33619; Commissioner of Customs, telephone: 813–228–2815. Department of the Treasury, Washington, DC 20229. SUPPLEMENTARY INFORMATION: The COMMITTEE FOR THE Dear Commissioner: This directive Habitat Protection APs will convene to amends, but does not cancel, the directive review the Council’s Intermediate Draft IMPLEMENTATION OF TEXTILE AGREEMENTS issued to you on November 21, 2001, by the of the Environmental Impact Statement Chairman, Committee for the Implementation (EIS) for the Generic Essential Fish Adjustment of Import Limits for Certain of Textile Agreements. That directive Habitat (EFH) Amendment. The APs concerns imports of certain cotton and man- will also tentatively discuss Cotton and Man-Made Fiber Textile Products Produced or Manufactured in made fiber textile products, produced or methylmercury in marine fish and the manufactured in Bangladesh and exported Bangladesh possible impacts of explosive removal of during the twelve-month period which began oil and gas structures on marine fish October 10, 2002. on January 1, 2002 and extends through populations. December 31, 2002. The Habitat Protection APs are made AGENCY: Committee for the Effective on October 16, 2002, you are up of representatives from the Implementation of Textile Agreements directed to adjust the limits for the following recreational and commercial fishing (CITA). categories, as provided for under the Uruguay groups, conservation organizations, Round Agreement on Textiles and Clothing: ACTION: Issuing a directive to the academia, and state and federal resource Commissioner of Customs adjusting agencies. The principal role of the APs Adjusted twelve-month limits. Category 1 is to assist the Council in attempting to limit maintain optimum conditions within the habitat and ecosystems supporting EFFECTIVE DATE: October 16, 2002. 237 ...... 339,183 dozen. 2 the marine resources of the Gulf of 331pt...... 43,459 dozen pairs. FOR FURTHER INFORMATION CONTACT: Ross 341 ...... 3,648,101 dozen. Mexico. The Habitat Protection APs call Arnold, International Trade Specialist, to the Council’s attention proposed 363 ...... 43,187,993 numbers. Office of Textiles and Apparel, U.S. 638/639 ...... 2,080,456 dozen. projects being developed and other Department of Commerce, (202) 482– 641 ...... 817,540 dozen. activities which may adversely impact 645/646 ...... 687,400 dozen. the Gulf marine fisheries and their 4212. For information on the quota status of these limits, refer to the Quota supporting ecosystems. The APs may 1 The limits have not been adjusted to ac- also provide advice to the Council on its Status Reports posted on the bulletin count for any imports exported after December policies and procedures for addressing boards of each Customs port, call (202) 31, 2001. 927–5850, or refer to the U.S. Customs 2 Category 331pt.: all HTS numbers except environmental issues and review habitat 6116.10.1720, 6116.10.4810, 6116.10.5510, related documents as requested. website at http://www.customs.gov. For 6116.10.7510, 6116.92.6410, 6116.92.6420, Although non-emergency issues not information on embargoes and quota re- 6116.92.6430, 6116.92.6440, 6116.92.7450, contained in the agendas may come openings, refer to the Office of Textiles 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. before the APs for discussion, in and Apparel website at http:// accordance with the Magnuson-Stevens otexa.ita.doc.gov. The Committee for the Implementation of Fishery Conservation and Management Textile Agreements has determined that Act (Magnuson Act), those issues may SUPPLEMENTARY INFORMATION: these actions fall within the foreign affairs not be the subject of formal action Authority: Section 204 of the Agricultural exception of the rulemaking provisions of 5 during these meetings. Action will be Act of 1956, as amended (7 U.S.C. 1854); U.S.C. 553(a)(1). restricted to those issues specifically Executive Order 11651 of March 3, 1972, as Sincerely, identified in this notice and any issues amended. James C. Leonard III, Chairman, Committee for the arising after publication of this notice The current limits for certain Implementation of Textile Agreements. that require emergency action under categories are being adjusted, variously, [FR Doc.02–26319 Filed 10–15–02; 8:45 am] section 305 (c) of the Magnuson Act, for swing, carryover and carryforward. provided the public has been notified of BILLING CODE 3510–DR–S the Council’s intent to take final action A description of the textile and to address the emergency. apparel categories in terms of HTS Copies of the agendas of these numbers is available in the meetings can be obtained by calling the CORRELATION: Textile and Apparel Council office at 813–228–2815 (toll- Categories with the Harmonized Tariff free 888–833–1844). Schedule of the United States (see Federal Register notice 66 FR 65178, Special Accommodations published on December 18, 2001). Also This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other

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COMMITTEE FOR THE information on embargoes and quota re- Information regarding the availability of IMPLEMENTATION OF TEXTILE openings, refer to the Office of Textiles the 2003 CORRELATION will be AGREEMENTS and Apparel website at http:// published in the Federal Register at a otexa.ita.doc.gov. later date. Announcement of Import Limits for Certain Cotton, Wool, Man-Made Fiber, SUPPLEMENTARY INFORMATION: James C. Leonard III, Silk Blend and Other Vegetable Fiber Authority: Section 204 of the Agricultural Chairman, Committee for the Implementation Textiles and Textile Products Act of 1956, as amended (7 U.S.C. 1854); of Textile Agreements. Executive Order 11651 of March 3, 1972, as Produced or Manufactured in the Committee for the Implementation of Textile amended. People’s Republic of China Agreements The import restraint limits for textile October 9, 2002. products, produced or manufactured in October 9, 2002. AGENCY: Committee for the China and exported during the period Commissioner of Customs, Implementation of Textile Agreements January 1, 2003 through December 31, Department of the Treasury, Washington, DC (CITA). 2003 are based on the limits notified to 20229. Dear Commissioner: Pursuant to Section the Textiles Monitoring Body pursuant ACTION: Issuing a directive to the 204 of the Agricultural Act of 1956, as Commissioner of Customs announcing to the Uruguay Round Agreement on amended (7 U.S.C. 1854); Executive Order limits. Textiles and Clothing (ATC). 11651 of March 3, 1972, as amended; and the In the letter published below, the Uruguay Round Agreement on Textiles and EFFECTIVE DATE: January 1, 2003. Chairman of CITA directs the Clothing (ATC), you are directed to prohibit, FOR FURTHER INFORMATION CONTACT: Roy Commissioner of Customs to establish effective on January 1, 2003, entry into the Unger, International Trade Specialist, the 2003 limits. United States for consumption and Office of Textiles and Apparel, U.S. A description of the textile and withdrawal from warehouse for consumption Department of Commerce, (202) 482– apparel categories in terms of HTS of cotton, wool, man-made fiber, silk blend 4212. For information on the quota numbers is available in the and other vegetable fiber textiles and textile products in the following categories, status of these limits, refer to the Quota CORRELATION: Textile and Apparel produced or manufactured in China and Status Reports posted on the bulletin Categories with the Harmonized Tariff exported during the twelve-month period boards of each Customs port, call (202) Schedule of the United States (see beginning on January 1, 2003 and extending 927–5850, or refer to the U.S. Customs Federal Register notice 66 FR 65178, through December 31, 2003, in excess of the website at http://www.customs.gov. For published on December 18, 2001). following levels of restraint:

Category Twelve-month limit

Group I 200, 218, 219, 226, 237, 239pt. 1, 300/301, 313–315, 317/326, 331pt. 2, 1,185,536,023 square meters equivalent. 333–336, 338/339, 340–342, 345, 347/348, 351, 352, 359–C 3, 359– V 4, 360–363, 410, 433–436, 438, 440, 442–444, 445/446, 447, 448, 611, 613–615, 617, 631pt. 5, 633–636, 638/639, 640–643, 644, 645/ 646, 647, 648, 651, 652, 659–C 6, 659–H 7, 659–S 8, 666pt. 9, 845 and 846, as a group. Sublevels in Group I 200 ...... 845,020 kilograms. 218 ...... 12,178,948 square meters. 219 ...... 2,719,488 square meters. 226 ...... 12,348,456 square meters. 237 ...... 2,314,084 dozen. 300/301 ...... 2,449,331 kilograms. 313 ...... 45,772,905 square meters. 314 ...... 55,612,767 square meters. 315 ...... 143,209,940 square meters. 317/326 ...... 24,701,692 square meters of which not more than 4,725,919 square meters shall be in Category 326. 331pt...... 2,235,100 dozen pairs. 333 ...... 113,501 dozen. 334 ...... 348,819 dozen. 335 ...... 397,289 dozen. 336 ...... 194,753 dozen. 338/339 ...... 2,387,982 dozen of which not more than 1,812,739 dozen shall be in Categories 338–S/339–S 10. 340 ...... 820,993 dozen of which not more than 410,497 dozen shall be in Cat- egory 340–Z 11. 341 ...... 711,384 dozen of which not more than 426,831 dozen shall be in Cat- egory 341–Y 12. 342 ...... 281,841 dozen. 345 ...... 130,221 dozen. 347/348 ...... 2,368,152 dozen. 351 ...... 645,602 dozen. 352 ...... 1,683,581 dozen. 359–C ...... 700,226 kilograms. 359–V ...... 975,652 kilograms. 360 ...... 8,978,474 numbers of which not more than 6,124,187 numbers shall be in Category 360–P 13. 361 ...... 4,839,165 numbers.

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Category Twelve-month limit

362 ...... 7,936,865 numbers. 363 ...... 23,146,160 numbers. 410 ...... 1,045,704 square meters of which not more than 838,245 square me- ters shall be in Category 410–A 14 and not more than 838,245 square meters shall be in Category 410–B 15. 433 ...... 21,334 dozen. 434 ...... 13,641 dozen. 435 ...... 25,053 dozen. 436 ...... 15,435 dozen. 438 ...... 27,011 dozen. 440 ...... 38,588 dozen of which not more than 22,050 dozen shall be in Cat- egory 440–M 16. 442 ...... 40,848 dozen. 443 ...... 131,968 numbers. 444 ...... 216,580 numbers. 445/446 ...... 289,370 dozen. 447 ...... 72,251 dozen. 448 ...... 22,793 dozen. 611 ...... 6,075,097 square meters. 613 ...... 8,596,256 square meters. 614 ...... 13,508,401 square meters. 615 ...... 28,122,037 square meters. 617 ...... 19,648,584 square meters. 631pt...... 329,501 dozen pairs. 633 ...... 63,408 dozen. 634 ...... 689,830 dozen. 635 ...... 727,652 dozen. 636 ...... 578,321 dozen. 638/639 ...... 2,550,646 dozen. 640 ...... 1,418,671 dozen. 641 ...... 1,343,897 dozen. 642 ...... 380,142 dozen. 643 ...... 554,054 numbers. 644 ...... 3,667,827 numbers. 645/646 ...... 832,680 dozen. 647 ...... 1,644,173 dozen. 648 ...... 1,174,750 dozen. 651 ...... 855,756 dozen of which not more than 150,661 dozen shall be in Cat- egory 651–B 17. 652 ...... 3,207,098 dozen. 659–C ...... 453,046 kilograms. 659–H ...... 3,176,633 kilograms. 659–S ...... 699,762 kilograms. 666pt...... 532,353 kilograms. 845 ...... 2,482,149 dozen. 846 ...... 187,471 dozen. Group II 332, 359–O 18, 459pt. 19 and 659–O 20, as a group ...... 41,347,058 square meters equivalent. Group III 201, 220, 224–V 21, 224–O 22, 225, 227, 369–O 23, 400, 414, 469pt. 24, 48,834,260 square meters equivalent. 603, 604–O 25, 618–620 and 624–629, as a group. Sublevels in Group III 224–V ...... 4,091,620 square meters. 225 ...... 7,058,825 square meters. Group IV 852 ...... 382,953 square meters equivalent. Levels not in a Group 369–S 26 ...... 619,481 kilograms. 863–S 27 ...... 8,862,156 numbers.

1 Category 239pt.: only HTS number 6209.20.5040 (diapers). 2 Category 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. 3 Category 359–C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010. 4 Category 359–V: only HTS numbers 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070. 5 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530.

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6 Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. 7 Category 659–H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090. 8 Category 659–S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020. 9 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522. 10 Category 338–S: all HTS numbers except 6109.10.0012, 6109.10.0014, 6109.10.0018 and 6109.10.0023; Category 339–S: all HTS num- bers except 6109.10.0040, 6109.10.0045, 6109.10.0060 and 6109.10.0065. 11 Category 340–Z: only HTS numbers 6205.20.2015, 6205.20.2020, 6205.20.2050 and 6205.20.2060. 12 Category 341–Y: only HTS numbers 6204.22.3060, 6206.30.3010, 6206.30.3030 and 6211.42.0054. 13 Category 360–P: only HTS numbers 6302.21.3010, 6302.21.5010, 6302.21.7010, 6302.21.9010, 6302.31.3010, 6302.31.5010, 6302.31.7010 and 6302.31.9010. 14 Category 410–A: only HTS numbers 5111.11.3000, 5111.11.7030, 5111.11.7060, 5111.19.2000, 5111.19.6020, 5111.19.6040, 5111.19.6060, 5111.19.6080, 5111.20.9000, 5111.30.9000, 5111.90.3000, 5111.90.9000, 5212.11.1010, 5212.12.1010, 5212.13.1010, 5212.14.1010, 5212.15.1010, 5212.21.1010, 5212.22.1010, 5212.23.1010, 5212.24.1010, 5212.25.1010, 5311.00.2000, 5407.91.0510, 5407.92.0510, 5407.93.0510, 5407.94.0510, 5408.31.0510, 5408.32.0510, 5408.33.0510, 5408.34.0510, 5515.13.0510, 5515.22.0510, 5515.92.0510, 5516.31.0510, 5516.32.0510, 5516.33.0510, 5516.34.0510 and 6301.20.0020. 15 Category 410–B: only HTS numbers 5007.10.6030, 5007.90.6030, 5112.11.3030, 5112.11.3060, 5112.11.6030, 5112.11.6060, 5112.19.6010, 5112.19.6020, 5112.19.6030, 5112.19.6040, 5112.19.6050, 5112.19.6060, 5112.19.9510, 5112.19.9520, 5112.19.9530, 5112.19.9540, 5112.19.9550, 5112.19.9560, 5112.20.3000, 5112.30.3000, 5112.90.3000, 5112.90.9010, 5112.90.9090, 5212.11.1020, 5212.12.1020, 5212.13.1020, 5212.14.1020, 5212.15.1020, 5212.21.1020, 5212.22.1020, 5212.23.1020, 5212.24.1020, 5212.25.1020, 5309.21.2000, 5309.29.2000, 5407.91.0520, 5407.92.0520, 5407.93.0520, 5407.94.0520, 5408.31.0520, 5408.32.0520, 5408.33.0520, 5408.34.0520, 5515.13.0520, 5515.22.0520, 5515.92.0520, 5516.31.0520, 5516.32.0520, 5516.33.0520 and 5516.34.0520. 16 Category 440–M: only HTS numbers 6203.21.9030, 6203.23.0030, 6205.10.1000, 6205.10.2010, 6205.10.2020, 6205.30.1510, 6205.30.1520, 6205.90.3020, 6205.90.4020 and 6211.31.0030. 17 Category 651–B: only HTS numbers 6107.22.0015 and 6108.32.0015. 18 Category 359–O: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025, 6211.42.0010 (Category 359–C); 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070 (Category 359–V); 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545 (Category 359pt.). 19 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560. 20 Category 659–O: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 (Category 659–C); 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090, 6505.90.8090 (Category 659–H); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, 6211.12.1020 (Category 659–S); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, 6406.99.1510 and 6406.99.1540. 21 Category 224–V: only HTS numbers 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020. 22 Category 224–O: all HTS numbers except 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020 (Category 224–V). 23 Category 369–O: all HTS numbers except 6307.10.2005 (Category 369–S); 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505, 4202.92.1500, 4202.92.3016, 4202.92.6091, 5601.10.1000, 5601.21.0090, 5701.90.1020, 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302.51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, 6302.91.0060, 6303.11.0000, 6303.91.0010, 6303.91.0020, 6304.91.0020, 6304.92.0000, 6305.20.0000, 6306.11.0000, 6307.10.0020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, 9404.90.8040 and 9404.90.9505 (Category 369pt.). 24 Category 469pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, 6308.00.0010 and 6406.10.9020. 25 Category 604–O: all HTS numbers except 5509.32.0000 (Category 604–A). 26 Category 369–S: only HTS number 6307.10.2005. 27 Category 863–S: only HTS number 6307.10.2015.

The limits set forth above are subject to the limits established for that period have Sincerely, adjustment pursuant to the provisions of the been exhausted by previous entries, such James C. Leonard III, ATC and administrative arrangements products shall be charged to the limits set Committee for the Implementation of Textile notified to the Textiles Monitoring Body. forth in this directive. Agreements. Products in the above categories exported The Committee for the Implementation of [FR Doc. 02–26313 Filed 10–15–02; 8:45 am] during 2002 shall be charged to the Textile Agreements has determined that BILLING CODE 3510–DR–S applicable category limits for that year (see these actions fall within the foreign affairs directive dated December 28, 2001) to the exception to the rulemaking provisions of 5 extent of any unfilled balances. In the event U.S.C. 553(a)(1).

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COMMITTEE FOR THE vegetable fiber textiles and textile products, Acting Chairman, Committee for the IMPLEMENTATION OF TEXTILE produced or manufactured in Hong Kong and Implementation of Textile Agreements. AGREEMENTS exported during the twelve-month period [FR Doc.02–26320 Filed 10–15–02; 8:45 am] which began on January 1, 2002 and extends BILLING CODE 3510–DR–S Adjustment of Import Limits for Certain through December 31, 2002. Cotton, Wool, Man-Made Fiber, Silk Effective on October 16, 2002, you are Blend and Other Vegetable Fiber directed to adjust the limits for the following COMMITTEE FOR THE Textiles and Textile Products categories, as provided for under the Uruguay IMPLEMENTATION OF TEXTILE Produced or Manufactured in Hong Round Agreement on Textiles and Clothing: AGREEMENTS Kong Category Adjusted twelve-month Announcement of Import Restraint limit 1 October 10, 2002. Limits and Guaranteed Access Levels AGENCY: Committee for the Group I for Certain Cotton, Wool, Man-Made Implementation of Textile Agreements 200–220, 224–227, 174,636,380 square Fiber and Other Vegetable Fiber (CITA). 300–326, 360– meters equivalent. Textiles and Textile Products ACTION: Issuing a directive to the 363, 369(1) 2, Produced or Manufactured in Jamaica Commissioner of Customs adjusting 369pt. 3, 400–414, 4 October 9, 2002. limits. 469pt. , 603, 604, 611–620, 624–629 AGENCY: Committee for the and 666pt. 5, as a EFFECTIVE DATE: October 16, 2002. Implementation of Textile Agreements group. (CITA). FOR FURTHER INFORMATION CONTACT: Within Group II sub- ACTION: Issuing a directive to the Naomi Freeman, International Trade group Specialist, Office of Textiles and Commissioner of Customs establishing 336 ...... 279,656 dozen. limits and guaranteed access levels. Apparel, U.S. Department of Commerce, 342 ...... 634,698 dozen. (202) 482–4212. For information on the 636 ...... 364,547 dozen. EFFECTIVE DATE: January 1, 2003. quota status of these limits, refer to the 642 ...... 282,369 dozen. FOR FURTHER INFORMATION CONTACT: Quota Status Reports posted on the Group III–only 852 ... 9,006,889 square me- bulletin boards of each Customs port, ters equivalent. Naomi Freeman, International Trade Specialist, Office of Textiles and call (202) 927–5850, or refer to the U.S. 1 The limits have not been adjusted to ac- Apparel, U.S. Department of Commerce, Customs website at http:// count for any imports exported after December www.customs.gov. For information on 31, 2001. (202) 482–4212. For information on the embargoes and quota re-openings, refer 2 Category 369(1): only HTS number quota status of these limits, refer to the 6307.10.2005. Quota Status Reports posted on the to the Office of Textiles and Apparel 3 Category 369pt.: all HTS numbers except website at http://otexa.ita.doc.gov. bulletin boards of each Customs port, 4202.12.4000, 4202.12.8020, 4202.12.8060, call (202) 927–5850, or refer to the U.S. SUPPLEMENTARY INFORMATION: 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505, Customs website at http:// Authority: Section 204 of the Agricultural 4202.92.1500, 4202.92.3016, 4202.92.6091, www.customs.gov. For information on Act of 1956, as amended (7 U.S.C. 1854); 5601.10.1000, 5601.21.0090, 5701.90.1020, embargoes and quota re-openings, refer Executive Order 11651 of March 3, 1972, as 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, to the Office of Textiles and Apparel amended. website at http://otexa.ita.doc.gov. The current limits for certain 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, SUPPLEMENTARY INFORMATION: categories are being adjusted for swing 6301.30.0010, 6301.30.0020, 6302,51.1000, and special shift. 6302.51.2000, 6302.51.3000, 6302.51.4000, Authority: Section 204 of the Agricultural A description of the textile and 6302.60.0010, 6302.60.0030, 6302.91.0005, Act of 1956, as amended (7 U.S.C. 1854); apparel categories in terms of HTS 6302.91.0025, 6302.91.0045, 6302.91.0050, Executive Order 11651 of March 3, 1972, as 6302.91.0060, 6303.11.0000, 6303.91.0010, numbers is available in the amended. 6303.91.0020, 6304.91.0020, 6304.92.0000, The import restraint limits and CORRELATION: Textile and Apparel 6305.20.0000, 6306.11.0000, 6307.10.1020, Guaranteed Access Levels (GALs) for Categories with the Harmonized Tariff 6307.10.1090, 6307.90.3010, 6307.90.4010, textile products, produced or Schedule of the United States (see 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, manufactured in Jamaica and exported Federal Register notice 66 FR 65178, 9404.90.8040, 9404.90.9505 and HTS number during the period January 1, 2003 published on December 18, 2001). Also in 369(1). through December 31, 2003 are based on see 66 FR 63219, published on 4 Category 469pt.: all HTS numbers except limits notified to the Textiles December 5, 2001. 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, Monitoring Body pursuant to the James C. Leonard III, 6308.00.0010 and 6406.10.9020. Uruguay Round Agreement on Textiles 5 Category 666pt.: all HTS numbers except Chairman, Committee for the Implementation 5805.00.4010, 6301.10.0000, 6301.40.0010, and Clothing (ATC). of Textile Agreements. 6301.40.0020, 6301.90.0010, 6302.53.0010, These specific limits and guaranteed access levels do not apply to goods that Committee for the Implementation of Textile 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, Agreements qualify for quota-free entry under the 6303.92.1000, 6303.92.2010, 6303.92.2020, Trade and Development Act of 2000. October 10, 2002. 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, In the letter published below, the Commissioner of Customs, 6304.99.6020, 6307.90.9884, 9404.90.8522 Chairman of CITA directs the Department of the Treasury, Washington, DC and 9404.90.9522. Commissioner of Customs to establish 20229. The Committee for the Implementation of limits and guaranteed access levels for Dear Commissioner: This directive the period January 1, 2003 through amends, but does not cancel, the directive Textile Agreements has determined that issued to you on November 29, 2001, by the these actions fall within the foreign affairs December 31, 2003. Chairman, Committee for the Implementation exception to the rulemaking provisions of 5 A description of the textile and of Textile Agreements. That directive U.S.C. 553(a)(1). apparel categories in terms of HTS concerns imports of certain cotton, wool, Sincerely, numbers is available in the man-made fiber, silk blend and other James C. Leonard III, CORRELATION: Textile and Apparel

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Categories with the Harmonized Tariff The limits set forth above are subject to COMMITTEE FOR THE Schedule of the United States (see adjustment pursuant to the provisions of the IMPLEMENTATION OF TEXTILE Federal Register notice 66 FR 65178, ATC and administrative arrangements AGREEMENTS published on December 18, 2001). notified to the Textiles Monitoring Body. Information regarding the 2003 Products in the above categories exported Announcement of Import Limits for during 2002 shall be charged to the Certain Wool Textile Products CORRELATION will be published in the applicable category limits for that year (see Federal Register at a later date. directive dated November 27, 2001) to the Produced or Manufactured in the Former Yugoslav Republic of Requirements for participation in the extent of any unfilled balances. In the event Macedonia Special Access Program are available in the limits established for that period have been exhausted by previous entries, such Federal Register notice 63 FR 16474, October 9, 2002. published on April 3, 1998. products shall be charged to the limits set forth in this directive. AGENCY: Committee for the James C. Leonard III, Also pursuant to the ATC; and under the Implementation of Textile Agreements Chairman, Committee for the Implementation terms of the Special Access Program, as set (CITA). of Textile Agreements. forth in 63 FR 16474 (April 3, 1998), you are ACTION: Issuing a directive to the directed to establish guaranteed access levels Commissioner of Customs establishing Committee for the Implementation of Textile for properly certified cotton, wool, man-made limits. Agreements fiber and other vegetable fiber textile October 9, 2002. products in the following categories which are assembled in Jamaica from fabric formed EFFECTIVE DATE: January 1, 2003. Commissioner of Customs, and cut in the United States and re-exported FOR FURTHER INFORMATION CONTACT: Department of the Treasury, Washington, DC to the United States from Jamaica during the Naomi Freeman, International Trade 20229. twelve-month period which begins on Dear Commissioner: Pursuant to section Specialist, Office of Textiles and January 1, 2003 and extends through Apparel, U.S. Department of Commerce, 204 of the Agricultural Act of 1956, as December 31, 2003: amended (7 U.S.C. 1854); Executive Order (202) 482–4212. For information on the quota status of these limits, refer to the 11651 of March 3, 1972, as amended; and the Category Guaranteed access level Uruguay Round Agreement on Textiles and Quota Status Reports posted on the Clothing (ATC), you are directed to prohibit, 331pt./631pt. 1 1,320,000 dozen pairs. bulletin boards of each Customs port, effective on January 1, 2003, entry into the 336/636 ...... 125,000 dozen. call (202) 927–5850, or refer to the U.S. United States for consumption and 338/339/638/ 1,500,000 dozen. Customs website at http:// withdrawal from warehouse for consumption 639. www.customs.gov. For information on of cotton, wool, man-made fiber and other 340/640 ...... 300,000 dozen. embargoes and quota re-openings, refer vegetable fiber textiles and textile products in 341/641 ...... 375,000 dozen. the following categories, produced or to the Office of Textiles and Apparel 342/642 ...... 200,000 dozen. website at http://otexa.ita.doc.gov. manufactured in Jamaica and exported 345/845 ...... 50,000 dozen. during the twelve-month period beginning on 347/348/647/ 2,000,000 dozen. SUPPLEMENTARY INFORMATION: January 1, 2003 and extending through 648. Authority: Section 204 of the Agricultural December 31, 2003, in excess of the following 352/652 ...... 10,500,000 dozen. levels of restraint: Act of 1956, as amended (7 U.S.C. 1854); 447 ...... 30,000 dozen. Executive Order 11651 of March 3, 1972, as amended. Twelve-month restraint Any shipment for entry under the Special Category limit The Bilateral Textile Agreement of Access Program which is not accompanied November 7, 1997, as amended and 331pt./631pt. 1 ...... 1,121,742 dozen pairs. by a valid and correct certification in extended by exchange of notes on June 338/339/638/639 ...... 2,214,542 dozen. accordance with the provisions of the certification requirements established in the 22, 2000 and July 5, 2000, between the 340/640 ...... 1,035,578 dozen of Governments of the United States and which not more than directive of February 19, 1987 (52 FR 6049) shall be denied entry unless the Government the Former Yugoslav Republic of 876,258 dozen shall Macedonia establishes limits for certain be in shirts made of Jamaica authorizes the entry and any from fabrics with two charges to the appropriate specific limits. wool textile products, produced or or more colors in the Any shipment which is declared for entry manufactured in the Former Yugoslav warp and/or the fill- under the Special Access Program but found Republic of Macedonia and exported ing in Categories not to qualify shall be denied entry into the during the period January 1, 2003 340–Y/640–Y 2. United States. through December 31, 2003. 341/641 ...... 1,300,368 dozen. These specific limits and guaranteed access levels do not apply to goods that qualify for These limits do not apply to goods 345/845 ...... 320,871 dozen. entered under the Outward Processing 347/348/647/648 ...... 2,390,322 dozen. quota-free entry under the Trade and Development Act of 2000. Program, as defined in the notice and 352/652 ...... 3,571,590 dozen. letter to the Commissioner of Customs 445/446 ...... 57,975 dozen. In carrying out the above directions, the Commissioner of Customs should construe published in the Federal Register on 1 Category 331pt.: all HTS numbers except entry into the United States for consumption December 14, 1999 (see 64 FR 69746). 6116.10.1720, 6116.10.4810, 6116.10.5510, to include entry for consumption into the Any shipment for entry under the 6116.10.7510, 6116.92.6410, 6116.92.6420, Commonwealth of Puerto Rico. 6116.92.6430, 6116.92.6440, 6116.92.7450, Outward Processing Program which is The Committee for the Implementation of not accompanied by valid certification 6116.92.7460, 6116.92.7470, 6116.92.8800, Textile Agreements has determined that 6116.92.9400 and 6116.99.9510; Category these actions fall within the foreign affairs in accordance with the provisions 631pt.: all HTS numbers except 6116.10.1730, established in the notice and letter to 6116.10.4820, 6116.10.5520, 6116.10.7520, exception of the rulemaking provisions of 6116.93.8800, 6116.93.9400, 6116.99.4800, U.S.C.553(a)(1). the Commissioner of Customs, 6116.99.5400 and 6116.99.9530. Sincerely, published in the Federal Register on 2 Category 340–Y: only HTS numbers James C. Leonard III, December 14, 1999 (see 64 FR 69743), 6205.20.2015, 6205.20.2020, 6205.20.2046, Chairman, Committee for the Implementation shall be denied entry. However, the 6205.20.2050 and 6205.20.2060; Category of Textile Agreements. 640–Y: only HTS numbers 6205.30.2010, Government of Macedonia may 6205.30.2020, 6205.30.2050 and [FR Doc.02–26314 Filed 10–15–02; 8:45 am] authorize the entry and charges to the 6205.30.2060. BILLING CODE 3510–DR–S appropriate specific limits by the

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issuance of a valid visa. Also see 63 FR extent of any unfilled balances. In the event 4212. For information on the quota 17156, published on April 8, 1998. the limits established for that period have status of these limits, refer to the Quota In the letter published below, the been exhausted by previous entries, such Status Reports posted on the bulletin Chairman of CITA directs the products shall be charged to the limits set boards of each Customs port, call (202) Commissioner of Customs to establish forth in this directive. These limits do not apply to goods entered 927–5850, or refer to the U.S. Customs the 2003 limits. under the Outward Processing Program, as website at http://www.customs.gov. For These limits may be revised if the defined in the letter to the Commissioner of information on embargoes and quota re- Former Yugoslav Republic of Customs, dated December 8, 1999 (see 64 FR openings, refer to the Office of Textiles Macedonia becomes a member of the 69746). and Apparel website at http:// World Trade Organization (WTO) and Any shipment for entry under the Outward otexa.ita.doc.gov. the United States applies the WTO Processing Program which is not agreement to the Former Yugoslav accompanied by a valid certification in SUPPLEMENTARY INFORMATION: accordance with the provisions established Republic of Macedonia. Authority: Section 204 of the Agricultural A description of the textile and in the letter to the Commissioner of Customs, dated December 9, 1999 (see 64 FR 69743), Act of 1956, as amended (7 U.S.C. 1854); apparel categories in terms of HTS shall be denied entry. However, the Executive Order 11651 of March 3, 1972, as numbers is available in the Government of Macedonia may authorize the amended. CORRELATION: Textile and Apparel entry and charges to the appropriate specific The import restraint limits for textile Categories with the Harmonized Tariff limits by the issuance of a valid visa. Also products, produced or manufactured in Schedule of the United States (see see directive dated April 2, 1998, (63 FR Malaysia and exported during the Federal Register notice 66 FR 65178, 17156). Any shipment which is declared for period January 1, 2003 through published on December 18, 2001). entry under the Outward Processing Program December 31, 2003 are based on limits Information regarding the 2003 but found not to qualify shall be denied entry notified to the Textiles Monitoring Body CORRELATION will be published in the into the United States. These limits may be revised if the Former pursuant to the Uruguay Round Federal Register at a later date. Yugoslav Republic of Macedonia becomes a Agreement on Textiles and Clothing James C. Leonard III, member of the World Trade Organization (ATC). (WTO) and the United States applies the Chairman, Committee for the Implementation In the letter published below, the of Textile Agreements. WTO agreement to the Former Yugoslav Republic of Macedonia. Chairman of CITA directs the Committee for the Implementation of Textile In carrying out the above directions, the Commissioner of Customs to establish Agreements Commissioner of Customs should construe the 2003 limits. October 9, 2002. entry into the United States for consumption A description of the textile and to include entry for consumption into the Commissioner of Customs, Commonwealth of Puerto Rico. apparel categories in terms of HTS Department of the Treasury, Washington, DC The Committee for the Implementation of numbers is available in the 20229. Textile Agreements has determined that CORRELATION: Textile and Apparel Dear Commissioner: Pursuant to section these actions fall within the foreign affairs Categories with the Harmonized Tariff 204 of the Agricultural Act of 1956, as exception of the rulemaking provisions of 5 Schedule of the United States (see amended (7 U.S.C. 1854); Executive Order U.S.C.553(a)(1). Federal Register notice 66 FR 65178, 11651 of March 3, 1972, as amended; and the Sincerely, published on December 18, 2001). Bilateral Textile Agreement of November 7, James C. Leonard III, 1997, as amended and extended by exchange Information regarding the 2003 Chairman, Committee for the Implementation CORRELATION will be published in the of notes on June 22, 2000 and July 5, 2000, of Textile Agreements. between the Governments of the United Federal Register at a later date. States and the Former Yugoslav Republic of [FR Doc. 02–26315 Filed 10–15–02; 8:45 am] Macedonia, you are directed to prohibit, BILLING CODE 3510–DR–S James C. Leonard III, effective on January 1, 2003, entry into the Chairman, Committee for the Implementation United States for consumption and of Textile Agreements. withdrawal from warehouse for consumption COMMITTEE FOR THE of wool textile products in the following IMPLEMENTATION OF TEXTILE Committee for the Implementation of Textile categories, produced or manufactured in the AGREEMENTS Agreements Former Yugoslav Republic of Macedonia and October 9, 2002. exported during the period beginning on Announcement of Import Restraint Commissioner of Customs, January 1, 2003 and extending through Limits for Certain Cotton, Wool and Department of the Treasury, Washington, DC December 31, 2003, in excess of the following Man-Made Fiber Textiles and Textile levels of restraint: 20229. Products and Silk Blend and Other Dear Commissioner: Pursuant to section Vegetable Fiber Apparel Produced or Category Twelve-month limit 204 of the Agricultural Act of 1956, as Manufactured in Malaysia amended (7 U.S.C. 1854); Executive Order 433 ...... 22,744 dozen. 11651 of March 3, 1972, as amended; and the October 9, 2002. 434 ...... 11,372 dozen. Uruguay Round Agreement on Textiles and AGENCY: Committee for the 435 ...... 31,041 dozen. Clothing (ATC), you are directed to prohibit, Implementation of Textile Agreements 443 ...... 191,282 numbers. effective on January 1, 2003, entry into the 448 ...... 68,232 dozen. (CITA). United States for consumption and ACTION: Issuing a directive to the withdrawal from warehouse for consumption The limits set forth above are subject to Commissioner of Customs establishing of cotton, wool and man-made fiber textiles adjustment pursuant to the current bilateral limits. and textile products and silk blend and other agreement between the Governments of the vegetable fiber apparel in the following United States and the Former Yugoslav EFFECTIVE DATE: January 1, 2003. Republic of Macedonia. categories, produced or manufactured in Products in the above categories exported FOR FURTHER INFORMATION CONTACT: Ross Malaysia and exported during the twelve- during 2002 shall be charged to the Arnold, International Trade Specialist, month period beginning on January 1, 2003 applicable category limits for that year (see Office of Textiles and Apparel, U.S. and extending through December 31, 2003, in directive dated November 27, 2001) to the Department of Commerce, (202) 482– excess of the following limits:

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8 Twelve-month restraint Twelve-month restraint Category 369pt.: all HTS numbers except Category limit Category limit 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505, Fabric Group 647/648 ...... 2,847,442 dozen of 4202.92.1500, 4202.92.3016, 4202.92.6091, 218–220, 225–227, 195,978,516 square which not more than 5601.10.1000, 5601.21.0090, 5701.90.1020, 313–326, 611–O 1, meters equivalent. 1,993,206 dozen 5701.90.2020, 5702.10.9020, 5702.39.2010, 613/614/615/617, shall be in Category 5702.49.1020, 5702.49.1080, 5702.59.1000, 619 and 620, as a 647–K 4 and not 5702.99.1010, 5702.99.1090, 5705.00.2020, group more than 1,993,206 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302,51.1000, Sublevels within the dozen shall be in Category 648–K 5 6302.51.2000, 6302.51.3000, 6302.51.4000, group 6302.60.0010, 6302.60.0030, 6302.91.0005, 218 ...... 11,244,284 square Group II 6302.91.0025, 6302.91.0045, 6302.91.0050, meters. 201, 224, 239pt 6, 29,124,333 square 6302.91.0060, 6303.11.0000, 6303.91.0010, 219 ...... 54,472,310 square 332, 352, 359pt. 7, meters equivalent. 6303.91.0020, 6304.91.0020, 6304.92.0000, meters. 360–362, 369pt. 8, 6305.20.0000, 6306.11.0000, 6307.10.1020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 220 ...... 54,472,310 square 400–414, 433, 9 6307.90.5010, 6307.90.8910, 6307.90.8945, meters. 434, 436, 438–O , 440, 443, 444, 6307.90.9882, 6406.10.7700, 9404.90.1000, 225 ...... 54,472,310 square 9404.90.8040 and 9404.90.9505. 447, 448, meters. 9 Category 438–O: only HTS numbers 459pt. 10, 469pt. 11, 226 ...... 54,472,310 square 6103.21.0050, 6103.23.0025, 6105.20.1000, 603, 618, 624– meters. 6105.90.1000, 6105.90.8020, 6109.90.1520, 629, 633, 643, 6110.11.0070, 6110.12.2070, 6110.19.0070, 227 ...... 54,472,310 square 644, 652, 6110.30.1550, 6110.90.9072, 6114.10.0020 meters. 659pt. 12, 666pt. 13, and 6117.90.9025. 313 ...... 64,966,974 square 845, 846 and 852, 10 Category 459pt.: all HTS numbers except meters. as a group 6115.19.8020, 6117.10.1000, 6117.10.2010, 314 ...... 78,160,182 square 6117.20.9020, 6212.90.0020, 6214.20.0000, meters. 1 Category 611–O: all HTS numbers except 6405.20.6030, 6405.20.6060, 6405.20.6090, 5516.14.0005, 5516.14.0025 and 6406.99.1505, 6406.99.1560. 315 ...... 54,472,310 square 11 Category 469pt.: all HTS numbers except meters. 5516.14.0085. 2 Category 331pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 317 ...... 54,472,310 square 6116.10.1720, 6116.10.4810, 6116.10.5510, 6304.91.0050, 6304.99.1500, 6304.99.6010, meters. 6308.00.0010 and 6406.10.9020. 6116.10.7510, 6116.92.6410, 6116.92.6420, 12 326 ...... 10,533,717 square 6116.92.6430, 6116.92.6440, 6116.92.7450, Category 659pt.: all HTS numbers except meters. 6116.92.7460, 6116.92.7470, 6116.92.8800, 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 611–O ...... 6,320,231 square me- 6116.92.9400 and 6116.99.9510.; Category 631pt.: all HTS numbers except 6116.10.1730, 6214.40.0000. 6406.99.1510 and ters. 6406.99.1540. 6116.10.4820, 6116.10.5520, 6116.10.7520, 13 613/614/615/617 ...... 62,528,148 square 6116.93.8800, 6116.93.9400, 6116.99.4800, Category 666pt.: all HTS numbers except meters. 6116.99.5400 and 6116.99.9530. 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 619 ...... 8,426,974 square me- 3 Category 438–W: only HTS numbers ters. 6302.53.0020, 6302.53.0030, 6302.93.1000, 6104.21.0060, 6104.23.0020, 6104.29.2051, 6302.93.2000, 6303.12.0000, 6303.19.0010, 620 ...... 10,533,717 square 6106.20.1010, 6106.20.1020, 6106.90.1010, 6303.92.1000, 6303.92.2010, 6303.92.2020, meters. 6106.90.1020, 6106.90.2520, 6106.90.3020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6109.90.1540, 6109.90.8020, 6110.11.0080, 6304.19.2000, 6304.91.0040, 6304.93.0000, Other specific limits 6110.12.2080, 6110.19.0080, 6110.30.1560, 200 ...... 474,165 kilograms. 6304.99.6020, 6307.90.9884, 9404.90.8522 6110.90.9074 and 6114.10.0040. and 9404.90.9522. 237 ...... 637,988 dozen. 4 Category 647–K: only HTS numbers 300/301 ...... 5,029,058 kilograms. 6103.23.0040, 6103.23.0045, 6103.29.1020, The limits set forth above are subject to 331pt./631pt. 2 ...... 884,713 dozen pairs. 6103.29.1030, 6103.43.1520, 6103.43.1540, adjustment pursuant to the provisions of the 6103.43.1550, 6103.43.1570, 6103.49.1020, ATC and administrative arrangements 333/334/335 ...... 395,859 dozen of 6103.49.1060, 6103.49.8014, 6112.12.0050, which not more than 6112.19.1050, 6112.20,.1060 and notified to the Textiles Monitoring Body. 237,585 dozen shall 6113.00.9044. Products in the above categories exported be in Category 333. 5 Category 648–K: only HTS numbers during 2002 shall be charged to the 336/636 ...... 768,788 dozen. 6104.23.0032, 6104.23.0034, 6104.29.1030, applicable category limits for that year (see 338/339 ...... 1,906,007 dozen. 6104.29.1040, 6104.29.2038, 6104.63.2006, the November 27, 2001 directive) to the 6104.63.2011, 6104.63.2026, 6104.63.2028, 340/640 ...... 2,220,127 dozen. extent of any unfilled balances. In the event 6104.63.2030, 6104.63.2060, 6104.69.2030, the limits established for that period have 341/641 ...... 2,877,368 dozen of 6104.69.2060, 6104.69.8026, 6112.12.0060, been exhausted by previous entries, such which not more than 6112.19.1060, 6112.20.1070, 6113.00.9052 1,026,503 dozen and 6117.90.9070. products shall be charged to the limits set shall be in Category 6 Category 239pt.: only HTS number forth in this directive. 341. 6209.20.5040 (diapers). In carrying out the above directions, the 7 Commissioner of Customs should construe 342/642 ...... 687,058 dozen. Category 359pt.: all HTS numbers except entry into the United States for consumption 345 ...... 264,283 dozen. 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, to include entry for consumption into the 347/348 ...... 807,769 dozen. 6214.90.0010, 6406.99.1550, 6505.90.1525, Commonwealth of Puerto Rico. 351/651 ...... 427,646 dozen. 6505.90.1540, 6505.90.2060 and The Committee for the Implementation of 363 ...... 6,699,443 numbers. 6505.90.2545. Textile Agreements has determined that 435 ...... 16,720 dozen. these actions fall within the foreign affairs 438–W 3 ...... 13,683 dozen. exception of the rulemaking provisions of 5 442 ...... 20,376 dozen. U.S.C. 553(a)(1). 445/446 ...... 32,343 dozen. Sincerely, 604 ...... 2,205,129 kilograms. James C. Leonard III, 634/635 ...... 1,342,953 dozen. Chairman, Committee for the Implementation 638/639 ...... 791,099 dozen. of Textile Agreements. 645/646 ...... 605,079 dozen. [FR Doc. 02–26316 Filed 10–15–02; 8:45 am] BILLING CODE 3510–DR–S

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COMMITTEE FOR THE Chairman, Committee for the Implementation Executive Order 11651 of March 3, 1972, as IMPLEMENTATION OF TEXTILE of Textile Agreements. That directive amended. AGREEMENTS concerns imports of certain cotton and man- The Bilateral Textile Agreement of made fiber textile products, produced or July 22, 1998, as amended and extended Adjustment of Import Limits for Certain manufactured in Pakistan and exported by exchange of notes on September 19, during the twelve-month period which began Cotton Textile Products Produced or on January 1, 2002 and extends through 2000 and January 15, 2001, between the Manufactured in Pakistan December 31, 2002. Governments of the United States and Effective on October 16, 2002, you are Ukraine establishes limits for certain October 11, 2002. directed to adjust the limits for the following wool textile products, produced or AGENCY: Committee for the categories, as provided for under the Uruguay manufactured in Ukraine and exported Implementation of Textile Agreements Round Agreement on Textiles and Clothing: during the period beginning on January (CITA). 1, 2003 and extending through ACTION: Issuing a directive to the Category Twelve-month restraint December 31, 2003. limit 1 Commissioner of Customs adjusting In the letter published below, the limits. Specific limits Chairman of CITA directs the 360 ...... 8,717,116 numbers. Commissioner of Customs to establish EFFECTIVE DATE: October 16, 2002. 361 ...... 9,605,744 numbers. the 2003 limits. FOR FURTHER INFORMATION CONTACT: Ross 1 These limits may be revised if Arnold, International Trade Specialist, The limits have not been adjusted to ac- count for any imports exported after December Ukraine becomes a member of the Office of Textiles and Apparel, U.S. 31, 2001. World Trade Organization (WTO) and Department of Commerce, (202) 482– the United States applies the WTO 4212. For information on the quota The Committee for the Implementation of agreement to Ukraine. status of these limits, refer to the Quota Textile Agreements has determined that these actions fall within the foreign affairs A description of the textile and Status Reports posted on the bulletin exception of the rulemaking provisions of 5 boards of each Customs port, call (202) apparel categories in terms of HTS U.S.C. 553(a)(1). numbers is available in the 927–5850, or refer to the U.S. Customs Sincerely, website at http://www.customs.gov. For D. Michael Hutchinson, CORRELATION: Textile and Apparel information on embargoes and quota re- Acting Chairman, Committee for the Categories with the Harmonized Tariff openings, refer to the Office of Textiles Implementation of Textile Agreements. Schedule of the United States (see and Apparel website at http:// [FR Doc. 02–26401 Filed 10–11–02; 12:29 Federal Register notice 66 FR 65178, otexa.ita.doc.gov. pm] published on December 18, 2001). BILLING CODE 3510–DR–S Information regarding the availability of SUPPLEMENTARY INFORMATION: the 2003 CORRELATION will be Authority: Section 204 of the Agricultural published in the Federal Register at a Act of 1956, as amended (7 U.S.C. 1854); COMMITTEE FOR THE later date. Executive Order 11651 of March 3, 1972, as IMPLEMENTATION OF TEXTILE amended. James C. Leonard III, AGREEMENTS At the request of the Government of Chairman, Committee for the Implementation Pakistan, the current limit for Category Announcement of Import Restraint of Textile Agreements. 360 is being decreased for reduction of Limits for Certain Wool Textile Committee for the Implementation of Textile special shift from Category 361, Products Produced or Manufactured in Agreements increasing the limit for Category 361 to Ukraine October 9, 2002. account for the reduction special shift being applied to Category 360. This October 9, 2002. Commissioner of Customs, Department of the Treasury, Washington, DC special shift was originally applied in AGENCY: Committee for the 20229. 67 FR 62444, published on October 7, Implementation of Textile Agreements Dear Commissioner: Pursuant to section 2002. (CITA). 204 of the Agricultural Act of 1956, as A description of the textile and ACTION: Issuing a directive to the amended (7 U.S.C. 1854); Executive Order apparel categories in terms of HTS Commissioner of Customs establishing 11651 of March 3, 1972, as amended; and the numbers is available in the limits. Bilateral Textile Agreement of July 22, 1998, CORRELATION: Textile and Apparel as amended and extended by exchange of Categories with the Harmonized Tariff EFFECTIVE DATE: January 1, 2003. notes on September 19, 2000 and January 15, 2001, between the Governments of the Schedule of the United States (see FOR FURTHER INFORMATION CONTACT: United States and Ukraine, you are directed Federal Register notice 66 FR 65178, Naomi Freeman, International Trade published on December 18, 2001). Also to prohibit, effective on January 1, 2003, Specialist, Office of Textiles and entry into the United States for consumption see 66 FR 63683, published on Apparel, U.S. Department of Commerce, and withdrawal from warehouse for December 10, 2001. (202) 482–4212. For information on the consumption of wool textile products in the D. Michael Hutchinson, quota status of these limits, refer to the following categories, produced or Quota Status Reports posted on the manufactured in Ukraine and exported Acting Chairman, Committee for the during the twelve-month period beginning on Implementation of Textile Agreements. bulletin boards of each Customs port, call (202) 927–5850, or refer to the U.S. January 1, 2003 and extending through Committee for the Implementation of Textile Customs website at http:// December 31, 2003, in excess of the following levels of restraint: Agreements www.customs.gov. For information on October 11, 2002. embargoes and quota re-openings, refer Category Twelve-month limit Commissioner of Customs, to the Office of Textiles and Apparel Department of the Treasury, Washington, DC website at http://otexa.ita.doc.gov. 435 ...... 99,478 dozen. 20229. SUPPLEMENTARY INFORMATION: 442 ...... 16,561 dozen. Dear Commissioner: This directive 444 ...... 71,766 numbers. amends, but does not cancel, the directive Authority: Section 204 of the Agricultural 448 ...... 71,766 dozen. issued to you on December 4, 2001, by the Act of 1956, as amended (7 U.S.C. 1854);

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The limits set forth above are subject to Executive Order 11651 of March 3, 1972, as Twelve-month restraint adjustment pursuant to the current bilateral amended. Category limit agreement between the Governments of the The import restraint limits for textile United States and Ukraine. products, produced or manufactured in 338/339 ...... 1,037,432 dozen of These limits may be revised if Ukraine the United Arab Emirates and exported which not more than becomes a member of the World Trade 691,620 dozen shall Organization (WTO) and the United States during the period January 1, 2003 be in Categories applies the WTO agreement to Ukraine. through December 31, 2003 are based on 338–S/339–S 1. Products in the above categories exported limits notified to the Textiles 340/640 ...... 643,152 dozen. during 2002 shall be charged to the Monitoring Body pursuant to the 341/641 ...... 563,179 dozen. applicable category limits for that year (see Uruguay Round Agreement on Textiles 342/642 ...... 447,413 dozen. directive dated November 29, 2001) to the and Clothing (ATC). 347/348 ...... 770,664 dozen of extent of any unfilled balances. In the event which not more than the limits established for that period have In the letter published below, the Chairman of CITA directs the 385,331 dozen shall been exhausted by previous entries, such be in Categories Commissioner of Customs to establish products shall be charged to the limits set 347–T/348–T 2. forth in this directive. limits for the 2003 period. The 2003 351/651 ...... 321,576 dozen. In carrying out the above directions, the levels for Categories 315 and 361 are 352 ...... 592,820 dozen. Commissioner of Customs should construe zero. entry into the United States for consumption 361 ...... –0– to include entry for consumption into the A description of the textile and 363 ...... 11,074,698 numbers. 3 Commonwealth of Puerto Rico. apparel categories in terms of HTS 369–O ...... 135,308 kilograms. The Committee for the Implementation of numbers is available in the 369–S 4 ...... 154,161 kilograms. Textile Agreements has determined that CORRELATION: Textile and Apparel 638/639 ...... 419,446 dozen. these actions fall within the foreign affairs Categories with the Harmonized Tariff 647/648 ...... 601,207 dozen. exception of the rulemaking provisions of 5 Schedule of the United States (see 1 U.S.C. 553(a)(1). Category 338–S: only HTS numbers Federal Register notices 66 FR 65178, 6103.22.0050, 6105.10.0010, 6105.10.0030, Sincerely, published on December 18, 2001). 6105.90.8010, 6109.10.0027, 6110.20.1025, James C. Leonard III, Information regarding the 2003 6110.20.2040, 6110.20.2065, 6110.90.9068, Chairman, Committee for the Implementation 6112.11.0030 and 6114.20.0005; Category of Textile Agreements. CORRELATION will be published in the 339–S: only HTS numbers 6104.22.0060, Federal Register at a later date. FR Doc. 02–26317 Filed 10–15–02; 8:45 am] 6104.29.2049, 6106.10.0010, 6106.10.0030, 6106.90.2510, 6106.90.3010, 6109.10.0070, BILLING CODE 3510–DR–S James C. Leonard III, 6110.20.1030, 6110.20.2045, 6110.20.2075, Chairman, Committee for the Implementation 6110.90.9070, 6112.11.0040, 6114.20.0010 of Textile Agreements. and 6117.90.9020. COMMITTEE FOR THE 2 Category 347–T: only HTS numbers IMPLEMENTATION OF TEXTILE Committee for the Implementation of Textile 6103.19.2015, 6103.19.9020, 6103.22.0030, Agreements 6103.42.1020, 6103.42.1040, 6103.49.8010, AGREEMENTS October 9, 2002. 6112.11.0050, 6113.00.9038, 6203.19.1020, 6203.19.9020, 6203.22.3020, 6203.42.4005, Announcement of Import Restraint Commissioner of Customs, 6203.42.4010, 6203.42.4015, 6203.42.4025, Limits for Certain Cotton and Man- Department of the Treasury, Washington, DC 6203.42.4035, 6203.42.4045, 6203.49.8020, Made Fiber Textiles and Textile 20229. 6210.40.9033, 6211.20.1520, 6211.20.3810 and 6211.32.0040; Category 348–T: only HTS Products Produced or Manufactured in Dear Commissioner: Pursuant to section 204 of the Agricultural Act of 1956, as numbers 6104.12.0030, 6104.19.8030, the United Arab Emirates 6104.22.0040, 6104.29.2034, 6104.62.2006, amended (7 U.S.C. 1854); Executive Order 6104.62.2011, 6104.62.2026, 6104.62.2028, October 9, 2002. 11651 of March 3, 1972, as amended; and the 6104.69.8022, 6112.11.0060, 6113.00.9042, AGENCY: Committee for the Uruguay Round Agreement on Textiles and 6117.90.9060, 6204.12.0030, 6204.19.8030, Implementation of Textile Agreements Clothing (ATC), you are directed to prohibit, 6204.22.3040, 6204.29.4034, 6204.62.3000, effective on January 1, 2003, entry into the 6204.62.4005, 6204.62.4010, 6204.62.4020, (CITA). United States for consumption and 6204.62.4030, 6204.62.4040, 6204.62.4050, ACTION: Issuing a directive to the withdrawal from warehouse for consumption 6204.69.6010, 6204.69.9010. 6210.50.9060, Commissioner of Customs establishing of cotton and man-made fiber textiles and 6211.20.1550, 6211.20.6810, 6211.42.0030 and 6217.90.9050. textile products in the following categories, limits. 3 Category 369–O: all HTS numbers except produced or manufactured in the United 6307.10.2005 (Category 369–S); EFFECTIVE DATE: January 1, 2003. Arab Emirates and exported during the 4202.12.4000, 4202.12.8020, 4202.12.8060, twelve-month period beginning on January 1, FOR FURTHER INFORMATION CONTACT: Roy 4202.22.4020, 4202.22.4500, 4202.22.8030, 2003 and extending through December 31, 4202.32.4000, 4202.32.9530, 4202.92.0505, Unger, International Trade Specialist, 2003 in excess of the following levels of 4202.92.1500, 4202.92.3016, 4202.92.6091, Office of Textiles and Apparel, U.S. restraint: 5601.10.1000, 5601.21.0090, 5701.90.1020, Department of Commerce, (202) 482– 5701.90.2020, 5702.10.9020, 5702.39.2010, 4212. For information on the quota 5702.49.1020, 5702.49.1080, 5702.59.1000, Category Twelve-month restraint 5702.99.1010, 5702.99.1090, 5705.00.2020, status of these limits, refer to the Quota limit 5805.00.3000, 5807.10.0510, 5807.90.0510, Status Reports posted on the bulletin 6301.30.0010, 6301.30.0020, 6302,51.1000, boards of each Customs port, call (202) 219 ...... 2,058,156 square me- 6302.51.2000, 6302.51.3000, 6302.51.4000, ters. 927–5850, or refer to the U.S. Customs 6302.60.0010, 6302.60.0030, 6302.91.0005, 226/313 ...... 3,519,496 square me- 6302.91.0025, 6302.91.0045, 6302.91.0050, website at http://www.customs.gov. For ters. 6302.91.0060, 6303.11.0000, 6303.91.0010, information on embargoes and quota re- 315 ...... –0– 6303.91.0020, 6304.91.0020, 6304.92.0000, openings, refer to the Office of Textiles 317 ...... 56,776,627 square 6305.20.0000, 6306.11.0000, 6307.10.1020, and Apparel website at http:// meters. 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, otexa.ita.doc.gov. 326 ...... 3,322,410 square me- 6307.90.9882, 6406.10.7700, 9404.90.1000, ters. SUPPLEMENTARY INFORMATION: 9404.90.8040 and 9404.90.9505 (Category 334/634 ...... 419,446 dozen. 369pt.). Authority: Section 204 of the Agricultural 335/635 ...... 270,202 dozen. 4 Category 369–S: only HTS number Act of 1956, as amended (7 U.S.C. 1854); 336/636 ...... 363,519 dozen. 6307.10.2005.

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The limits set forth above are subject to DEPARTMENT OF DEFENSE measures will be developed and adjustment pursuant to the provisions of the evaluated to address the degraded ATC and administrative arrangements Department of the Army, Corps of habitats. In addition, recreation notified to the Textiles Monitoring Body. Engineers measures will be developed and Products in the above categories exported evaluated as complements to proposed during 2002 shall be charged to the Intent To Prepare a Draft ecosystem restoration measures. applicable category limits for that year (see Environmental Impact Statement for Although preliminary findings indicate directive dated November 27, 2001) to the Potential Multipurpose Projects for that flood damage reduction extent of any unfilled balances. In the event Ecosystem Restoration, Flood Damage opportunities would be limited, the the limits established for that period have Reduction, and Recreation floodway and the interior drainage in been exhausted by previous entries, such Development Within and Along the the study area will be evaluated for products shall be charged to the limits set Clear and West Forks of the Trinity flood damage reduction opportunities forth in this directive. River in Fort Worth, Tarrant County, TX and consistency with past In carrying out the above directions, the improvements. Flood damage reduction Commissioner of Customs should construe AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. measures will address the loss of the entry into the United States for consumption authorized level of flood protection for to include entry for consumption into the ACTION: Notice of intent. the area. Commonwealth of Puerto Rico. DATES: A public meeting will be held on The Committee for the Implementation of SUMMARY: A resolution by the United October 29, 2002 from 6:30 p.m. to 8:30 Textile Agreements has determined that States Senate Committee on p.m. at the YWCA (Grand Ballroom), these actions fall within the foreign affairs Environment and Public Works dated 512 West 4th Street, Fort Worth, TX exception of the rulemaking provisions of 5 April 22, 1988, requested that the Board U.S.C. 553(a)(1). of Engineers review the report of the 76102 Sincerely, Chief of Engineers on the Trinity River FOR FURTHER INFORMATION CONTACT: James C. Leonard III, and Tributaries, TX, House Document Questions pertaining to the proposed Chairman, Committee for the Implementation No. 276, Eighty-Ninth Congress, and action and DEIS can be answered by: of Textile Agreements. other pertinent reports, with a view to Ms. Marcia R. Hackett, CESWF–PM–C, [FR Doc. 02–26318 Filed 10–15–02; 8:45 am] determining the advisability of U.S. Army Corps of Engineers, Fort BILLING CODE 3510–DR–S modifying the recommendations Worth District, P.O. Box 17300, Fort contained therein, with particular Forth, TX 76102–0300, (817) 886–1787. reference to providing improvements in SUPPLEMENTARY INFORMATION: The Fort the interest of flood protection, Worth Floodway was authorized by DEPARTMENT OF DEFENSE environmental enhancement, water Section 2 of Public Law No. 14, 79th quality, recreation, and other allied Congress, 2nd Session, approved March Department of the Army purposes in the Upper Trinity River 2, 1945. The project, which was Basin with specific attention on the completed in September 1957, entailed Availability of Non-Exclusive, Dallas-Fort Worth Metroplex. An initial the construction and/or strengthening of Exclusive License or Partially assessment based on the resolution levees and the widening and Exclusive Licensing of U.S. Patent guidance indicates a Federal interest in straightening of the Clear Fork channel Protective Glove continuing with more detailed studies from Lancaster Street to its confluence for these purposes. In accordance with with the West Fork and the West Fork AGENCY: Department of the Army, DoD. the National Environmental Policy Act, channel from White Settlement Road to a Draft Environment Impact Statement ACTION: Notice. Riverside Drive, along with allied (DEIS) will be prepared to evaluate and features such as removal of debris from compare ecosystem restoration, flood the floodway, reconstruction and SUMMARY: In accordance with 37 CFR damage reduction, and recreation alteration of roads, bridges and public part 404.6, announcement is made of alternatives within and along the Clear utilities, modifying channel diversions, the availability for licensing of U.S. Fork and West Fork of the Trinity River and constructing drainage facilities. The Patent No. US 6,457,182 B1 entitled in the Central City area of Forth Worth, Flood Control Act of 1960 provided for ‘‘Protective Glove’’ issued October 1, TX. The DEIS will also assess the an extension upstream of the floodway 2002. This patent has been assigned to impacts to the quality of the human project on the West Fork from White the United States Government as environment associated with each Settlement Road to just downstream of represented by the Secretary of the alternative. The study area will be Meandering Road. Construction on the Army. bound by Interstate Highway 30 on the West Fork extension was initiated in FOR FURTHER INFORMATION CONTACT: Mr. Clear Fork, Rockwood Park on the March 1965 and completed in June Robert Rosenkrans at U.S. Army Soldier upstream end of the West Fork, 1971. Similar flood control features and Biological Chemical Command, Northeast 28th Street on Marine Creek, were authorized by the Flood Control Kansas Street, Natick, MA 01760, a tributary of the West Fork, and Act dated October 23, 1962, for an Phone; (508) 233–4928 or e-mail: Riverside Drive on the downstream end extension of the Clear Fork of the Robert.Rosenkrans@natick,army.mil. of the West Fork. The construction and Trinity River between the existing Fort implemention of Benbrook Lake, Eagle Worth Floodway and State Highway SUPPLEMENTARY INFORMATION: Any Mountain Lake, Lake Worth, the Fort 183. Construction of the Clear Fork licenses granted shall comply with 35 Worth Floodway project, and Extension was initiated in January 1966 U.S.C. 209 and 37 CFR part 404. subsequent flood control projects, along and completed in September 1971. with urbanization and development Alternatives for ecosystem Luz D. Ortiz, activities, have significantly degraded restorations, flood damage reduction, Army Federal Register Liaison Officer. the terrestrial and aquatic habitat along and recreation will be developed and [FR Doc. 02–26334 Filed 10–15–02; 8:45 am] and within the Trinity River. evaluated based on ongoing fieldwork BILLING CODE 3710–08–M Consequently, ecosystem restoration and data collection and past studies

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conducted by the Corps of Engineers, interested private organizations and shoulder of the inlet. A portion of the the Tarrant Regional Water District, and parties are hereby invited to participate. material removed to relocate the main the City of Fort Worth. Ecosystem Future coordination will also be ebb channel would be used to close the restoration alternatives that will be conducted with the United States Fish existing channel with the balance of the evaluated include creating meanders and Wildlife Service (USFWS). The material used to nourish the shoreline within the Trinity River, restoring, USFWS will furnish information on on the west end of the Town of Emerald protecting and expanding the riparian threatened and endangered species in Isle. corridor, improving aquatic habitat, accordance with the Endangered The channel through Bogue Inlet has creating riffle-pool complexes, and Species Act. In addition, the USFWS been maintained by the COE for constructing wetlands. it is anticipated will also be requested to provide commercial and recreational boating that ecosystem restoration measures support with planning aid and to interest since 1981. The COE is would aid in improving water quality, provide a Fish and Wildlife authorized to maintain the channel to a optimizing aquatic and terrestrial Coordination Act Report. The State depth of 8 feet mean low water (mlw) habitat, and minimizing erosion and Historic Preservation Office will be over a width of 150 feet. Any changes scouring along and within the river. consulted as required by Section 106 of in the location of the ebb tide delta Alternatives for flood damage reduction the National Historic Preservation Act. channel would be consistent with this measures will be evaluated from both a maintenance criteria. Robert P. Morris, Jr., non-structural and structural aspect. DATES: A public scoping meeting for the Non-structural measures that will be Lieutenant Colonel, Corps of Engineers, Deputy District Engineer. Draft Environmental Impact Statement evaluated include acquisition and (EIS) will be held at the White Oak [FR Doc. 02–26335 Filed 10–15–02; 8:45 am] removal of structures or flood proofing River Elementary School, on NC of structures for protection from BILLING CODE 3710–20–M Highway 24, in Cape Carteret, on potential future flood damage. October 29, 2002 at 6:30 p.m. Written Structural measures that will be DEPARTMENT OF DEFENSE comments will be received until evaluated include diversion channels November 24, 2002. and/or channel modifications of various Department of the Army; Corps of ADDRESSES: Copies of comments and widths and depths and/or a Engineers questions regarding scoping of the Draft combination of these measures. EIS may be addressed to: U.S. Army Recreation measures that will be Intent to Prepare a Draft Environmental Corps of Engineers, Wilmington District, evaluated for the enjoyment of residents Impact Statement for the Relocation of Regulatory Division. ATTN: File and visitors alike include multipurpose Bogue Inlet Channel between Emerald Number 2001–00632, Post Office Box trails and passive recreation features, Isle and Hammocks Beach State Park, 1890, Wilmington, NC 28402–1890. such as interpretive guidance and media and the Placement of the Dredged and picnic areas. Recreation measures FOR FURTHER INFORMATION CONTACT: Material onto Emerald Isle Beach, in Questions about the proposed action will be developed to a scope and scale Carteret County, NC compatible with proposed ecosystem and DEIS can be directed to Mr. Mickey restoration measures without AGENCY: Department of the Army, U.S. Sugg, Wilmington Regulatory Field significantly diminishing ecosystem Army Corps of Engineers, DoD. Office, telephone: (910) 251–4811. benefits. ACTION: Notice of intent. SUPPLEMENTARY INFORMATION: A Programmatic Environmental 1. Project Descritpion Impact Statement (PEIS) for the Upper SUMMARY: The U.S. Army Corps of Trinity River Basin Feasibility study Engineers (COE), Wilmington District, The Town of Emerald Isle, located addressing the potential cumulative Wilmington Regulatory Field Office has along the western 11.2 miles of Bogue effects of reasonable foreseeable received a request for Department of the Banks, North Carolina, is proposing to projects, including the Clear Fork West Army authorization, pursuant to Section reposition the main ebb tide channel (or Fork studies was completed in June 404 of the Clean Water Act and Section bar channel) through Bogue Inlet as a 2000. The DEIS will be tiered to the 10 of the Rivers and Harbor Act, from means to address a severe erosion PEIS. the Town of Emerald Isle for the problem that is threatening The public will be invited to relocation of Bogue Inlet Channel to development and town infrastructure participate in the scoping process, protect residential homes and town located on the west end of the town in invited to attend public meetings, and infrastructures, and to place the dredged an area known as The Pointe. The given the opportunity to review the material on approximately 5.0 miles of severe erosion at the Pointe is occurring DEIS. The first public meeting will be beach for nourishment. The project is as a result of the eastward migration of on October 29, 2002 at the Grand being proposed to move the main ebb the main ebb channel of Bogue Inlet. An Ballroom of the Downtown YWCA (see channel in Bogue Inlet to a more central analysis of historic photographs of the DATES). Subsequent public meetings, if location between the west end of Bogue inlet indicates that the midpoint of the deemed necessary, will be announced in Banks and the east end of Bear Island channel has experienced movements to the local news media. Release of the (Hammocks Beach State Park). The main both the west and east with the latest DEIS for public comment is scheduled ebb channel through Bogue Inlet trend being toward the east. Since for Summer 2004. The exact release presently occupies a position September 1981, the channel midpoint date, once established, will be juxtaposted to the west end of the Town migrated a total of over 3,900 feet to the announced in the local news media. of Emerald Isle and is causing severe east, however, a majority of this Future coordination with other erosion that threatens development in movement occurred between September agencies and public scoping will be the subdivision known as The Pointe. 1981 and February 1984. From February conducted to ensure full and open The relocation of the main ebb channel 1984 to September 2001, the channel participation and aid in the to a central location would restore the moved slightly more than 1,500 feet to development of the DEIS. All affected channel to a position it occupied in the the east, which represents an annual Federal, state, and local agencies, late 1970’s and eliminate the erosive rate of 104 feet/year. The eastward affected Indian tribes, and other impact of tidal currents on the east movement of the channel has been

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accompanied by erosion of the Bogue Cleary, University of North Carolina at Bogue Banks (the Pointe shoreline) and Banks shoulder of the inlet (the Pointe Wilmington. The geomorphic analysis the east end of Bear Island. shoreline) with the rate of erosion of will utilize an assortment of aerial 3. Issues this shoreline averaging 56 feet/year photographs of the inlet covering the between February 1984 and September period from 1938 to 2001. However the There are several potential 2001. If this rate of erosion of the Pointe primary emphasis will be on changes in environmental issues that will be shoreline continues unabated, it is the inlet and the adjacent shorelines addressed in the EIS. Additional issues estimated that 30 to 50 structures could between 1973 and 2001. The may be identified during the scoping be lost or severely damaged during the geomorphic analysis consists of an process. Issues initially identified as next 5 to 10 years. In addition, 300 to evaluation of the following: (a) location potentially significant include: 600 feet of Inlet Drive could be lost of the channel midpoint relative to the a. Potential impact to marine biological along with side streets and utilities Pointe; (b) the orientation of the inlet’s resources (benthic organisms, passageway for serving the Pointe subdivision. ebb tide delta channel; (c) the fish and other marine life, and bird nesting Secondary features of the proposed configuration of the ebb tide delta i.e., of foraging). project includes using a portion of the the percent of the ebb tide delta east and b. Potential impact to threatened and dredged material to close the existing west of the main ebb channel; (d) inlet endangered marine mammals, birds, fish, and ebb channel with the balance of the shoulder changes (the Pointe shoreline plants. material used to nourish the beach along c. Potential impacts to water quality. and the west tip of Bear Island); (e) d. Potential increase in erosion rates to the west end of the Town of Emerald changes in the ocean shoreline on the Isle. In this regard, the Town of Emerald adjacent Hammocks Beach State park. west end of Bogue Banks and the east e. Sand budgeting. Isle presently has permits to nourish end of Bear Island (Hammocks Beach f. Potential impacts to Navigation, 51,00 feet (9.68 miles) of ocean State Park); and (f) changes in the commercial and recreational. shoreline using offshore borrow areas. interior marsh islands (primarily Dudley g. Potential impacts to the long-term Approximately 5.8 miles of this Island and Island 2). The measured Federal maintenance of the channel. shoreline is to be nourished between changes the adjacent shorelines, inlet h. Potential impacts to private and public November 16, 2002 and April 15, 2003. shoulders, and the interior marshes will property. i. Cumulative impacts of Inlet and Inlet The Emerald Isle beach nourishment be related to changes in the physical project is part of an island-wide project channel relocations throughout North makeup of the inlet including the Carolina. sponsored by Carteret County. The position and orientation of the ebb tide County project covers approximately j. Cumulative impacts for using inlets as delta channel and the configuration of sand source in nourishment projects. 16.8 miles of ocean shoreline and begins the ebb tide delta. k. Potential impacts on public health and at the east town limits of the Town of safety. Pine Knoll Shores and ends at a point Geomorphic analysis indicates that the cumulative shoreline changes on l. Potential impacts to recreational and 8,000 feet (1.5 miles) east of Bogue Inlet. commercial fishing. each island were averaged over 3,500 m. The compatibility of the material for 2. Proposed Action feet of shoreline immediately adjacent nourishment. The primary purpose of the channel to the inlet. When the percent of the ebb n. Potential economic impacts. relocation project is to create a stable tide delta on the Bogue Banks side is 4. Alternatives channel that will divert tidal flow away small, as it was between 1984 and 2001, from the Pointe area of Emerald Isle. the bar channel was located close to Several alternatives are being Therefore, the design focus is on Bogue Banks and the portion of the considered for the proposed project. developing channel dimensions that delta on the Bogue Banks side was These alternatives will be further will capture the majority of the ebb tidal providing some degree of wave formulated and developed during the flow through the inlet. An added feature sheltering for the west end of the island. scoping process and an appropriate of the overall design would be the This particular ebb tide delta range of alternatives, including the no closure of the existing channel by configuration resulted in a considerable federal action alternative, will be constructing a sand dike across the amount of accretion along of 3,500-foot considered in the EIS. existing channel in the vicinity of the shoreline immediately east of the inlet 5. Scoping Process Pointe. The dimensions of the relocated while Bear Island experienced an almost channel will be based on characteristics mirror image response on its ocean A public scoping meeting (see DATES) of the existing ebb tide channel, shoreline, i.e., erosion. Even though the will be held to receive public comment numerical model studies of tides and present ebb tide delta configuration is and assess public concerns regarding currents in the inlet, and channel favorable for the extreme west end of the appropriate scope and preparation stability criteria. The numerical model Emerald Isle, the eastward migration of of the Draft EIS. Participation in the will also be used to evaluate the need the inlet channel that led to the existing public meeting by federal, state, and for and impacts of closing the existing inlet configuration also caused the inlet local agencies and other interested channel as well as assess the impacts of shoreline of Bogue Banks (the Pointe organizations and persons is the repositioned channel on salinity shoreline) to erode. Not only has the encouraged. intrusion and flow patterns throughout Bogue Banks inlet shoreline eroded in The COE will also be consulting with the entire inlet/estuary complex. response to the eastward movement of the U.S. Fish and Wildlife Service under Apart from the channel dimensions, the channel, so has the Bear Island the Endangered Species Act and the the new channel must be position so ocean and inlet shorelines. Based on Fish and Wildlife Coordination Act, and that it does not cause adverse impacts these and numerous other comparisons, with the National Marine Fisheries on the adjacent shorelines or result in the preliminary results of the Service under the Magnuson-Stevens unacceptable loss of estuarine habitat. geomorphic analysis indicates that a Act and Endangered Species Act. The selection of a channel location is centrally located channel, Additionally, the EIS will assess the being based on detailed geomorphic approximating the position and potential water quality impacts analysis of the inlet and adjacent orientation of the channel in 1978, may pursuant to Section 401 of the Clean shorelines, conducted by Dr. William J. be beneficial to the inlet shoreline on Water Act, and will be coordinated with

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the North Carolina Division of Coastal 3301 Gun Club Road, West Palm Beach, and configurations, canal modifications, Management (DCM) to determine the Palm Beach County. water treatment requirements, projects consistency with the Coastal FOR FURTHER INFORMATION CONTACT: Ms. investigation of intake and discharge Zone Management Act. The COE will Rebecca Weiss, U.S. Army Corps of sites of stored water, and investigation closely work the DCM through the EIS Engineers, Planning Division, of best configuration of surface facilities to ensure the process complies with all Environmental Branch, P.O. Box 4970, for the project. State Environmental Policy Act (SEPA) Jacksonville, FL 32232–0019, or by The Environmental Impact Statement requirements. It is the COE and DCM’s telephone at 904–899–5025. (EIS) will include an evaluation of adverse environmental impacts, intentions to consolidate both NEPA SUPPLEMENTARY INFORMATION: and SEPA processes to eliminate a. Authorization: Entitled ‘‘Everglades including but not limited to, water quality, socio-economic, archaeological duplications. and South Florida Ecosystem and biological. In addition, to adverse Restoration’’, section 528 of the Water 6. Availability of the Draft EIS impacts, the evaluation will also focus Resources Development Act (WRDA) of on how well the plans perform with The Draft EIS is expected to be 1996 authorized a number of ecosystem regard to specific ecological published and circulated sometime in restoration activities, including the performance measures. 2003, and a public hearing will be held North Palm Beach County Project (Pub. after the publication of the Draft EIS. d. Issues: The EIS will consider L. 104–303). The restoration activities impacts on water quality, ecosystem Dated: October 4, 2002. were a continuation of earlier efforts habitat, threatened and endangered Charles R. Alexander, Jr., started during the Central and Southern species, health and safety, aesthetics Colonel, U.S. Army, District Engineer. Florida (C&SF) Project Comprehensive and recreation, fish and wildlife [FR Doc. 02–26336 Filed 10–15–02; 8:45 am] Review Study (Restudy), authorized by resources, cultural resources, water section 309(l) of the WRDA of 1992 BILLING CODE 3710–GN–M availability, flood protection, and other (Pub. L. 102–580). Signed on December potential impacts identified through 11, 2000, section 601 of the WRDA of scoping, public involvement, and DEPARTMENT OF DEFENSE 2000 authorized a framework and guide interagency coordination. for modifications to the C&SF Project to e. Scoping: A public scoping meeting Department of the Army; Corps of restore the south Florida ecosystem and is scheduled for October 29, 2002 (see Engineers to provide for the other water-related DATES). A scoping letter will also be needs of the region. issued October 2002 to interested Intent To Prepare a Draft b. Project Scope: The NPBC project parties. In addition, all parties are Environmental Impact Statement for will promote environmental restoration invited to participate in the scoping the North Palm Beach County Project, and sustainable water resources in Palm process by identifying any additional Part 1 in Palm Beach County, FL Beach County through 6 separable concerns on issues studies needed, components. The Pal-Mar and J.W. AGENCY: alternatives, procedures, and other Department of the Army, U.S. Corbett Hydropattern Restoration Army Corps of Engineers, DOD. matters related to the scoping process. involves acquisition of 3,000 acres of f. Public Involvement: We invite the ACTION: Notice of intent. land to extend the spatial extent of participation of affected Federal, state protected natural areas and provide a SUMMARY: The Jacksonville District, U.S. and local agencies, affected Indian hydrologic connection between the Pal- tribes, and other interested private Army Corps of Engineers (Corps), Mar and Corbett Wildlife Management intends to prepare an integrated Project organizations and parties. Area. The L–8 Basin Modification g. Coordination: The proposed action Implementation Report and Draft consists of conveyance improvements to is being coordinated with the U.S. Fish Environmental Impact Statement (DEIS) increase water supply availability and and Wildlife Service (FWS) and the for the North Palm Beach County enhance hydroperiods in Loxahatchee National Marine Fisheries Service under (NPBC) Project, Part 1. The study is a Slough. C–51 and L–8 Basin Reservoir section 7 of the Endangered Species Act, cooperative effort between the Corps involves construction of 48,000 acre-feet with the FWS under the Fish and and the South Florida Water reservoir or reservoirs for long term Wildlife Coordination Act, and with the Management District (SFWMD), which storage to meet water supply and to State Historic Preservation Officer. is also a cooperating agency for this reduce discharges to Lake Worth h. Other Environmental Review and DEIS. One of the recommendations of Lagoon. Lake Worth Lagoon Restoration Consultation: The proposed action the final report of the Central & South includes sediment removal to provide would involve evaluation for Florida (C&SF) Comprehensive Review improvements to the lagoon compliance with guidelines pursuant to Study (Restudy) was the NPBC Project. environment and augment local habitat section 404(b) of the Clean Water Act; This project includes 6 separable restoration efforts planned by Palm application (to the State of Florida) for components that together will provide Beach County. The C–17 and the C–51 Water Quality Certification pursuant to environmental, urban, and agricultural backpumping components include section 401 of the Clean Water Act; water supply needs, flood attenuation, backpumping facilities and construction certification of state lands, easements and some water quality improvements of a 550-acre and a 600-acre stormwater and right of ways, and determination of for NPBC. The components include the treatment area, respectively, to increase Coastal Zone Management Act Pal-Mar and Corbett Hydropattern water supplies to West Palm Beach consistency. Restoration, L–8 Basin Modifications, Water Catchment Area and enhance i. Agency Role: As the cooperating C–51 and L–8 Basin Reservoir, Lake hydroperiods in Loxahatchee Slough. agency, non-Federal sponsor, and Worth Lagoon Restoration, C–17 c. Preliminary Alternatives: leading local expert, SFWMD will Backpumping and Treatment, and C–51 Formulation of alternative plans will provide information and assistance on Backpumping and Treatment. involve the selection of the most the resources to be impacted and DATES: A public scoping meeting is suitable site for the reservoirs, pump alternatives. scheduled for October 29, 2002, 6:30 stations, land acquisitions, and other j. DEIS Preparation: The integrated p.m., at the B1–Auditorium, SFWMD, surface facilities, impoundment depths Project Implementation Report,

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including a DEIS, is currently scheduled notice containing proposed information necessitates performance reports for for publication in June 2004. collection requests at the beginning of effective monitoring of each State’s the Departmental review of the activities. To align with these Dated: October 8, 2002. information collection. Each proposed unanticipated events, the Department is James C. Duck, information collection, grouped by requesting approval to obtain Chief, Planning Division. office, contains the following: (1) Type performance reports from each State [FR Doc. 02–26337 Filed 10–15–02; 8:45 am] of review requested, e.g., new, revision, with an active REA grant. This will BILLING CODE 3710–AJ–M extension, existing or reinstatement; (2) replace, not add to, the performance Title; (3) Summary of the collection; (4) report information collection through Description of the need for, and the State-District-School Study. This DEPARTMENT OF EDUCATION proposed use of, the information; (5) applies to 23 States reporting in Respondents and frequency of November 2002 and 13 States reporting Notice of Proposed Information collection; and (6) Reporting and/or in November 2003. We seek this Collection Requests Recordkeeping burden. ED invites information each November so that REA public comment. The Department of staff can quickly accommodate and AGENCY: Department of Education. Education is especially interested in align with the events described above, ACTION: Notice of Proposed Information public comment addressing the and to enable staff to provide relevant Collection Requests. following issues: (1) Is this collection technical assistance during the second SUMMARY: The Leader, Regulatory necessary to the proper functions of the half of the school year. To give States Management Group, Office of the Chief Department; (2) will this information be adequate time to prepare the report, we Information Officer, invites comments processed and used in a timely manner; are requesting OMB approval of the on the proposed information collection (3) is the estimate of burden accurate; performance report by October 31, 2002. requests as required by the Paperwork (4) how might the Department enhance Frequency: Annually. Reduction Act of 1995. the quality, utility, and clarity of the Affected Public: State, Local, or Tribal information to be collected; and (5) how DATES: An emergency review has been Gov’t, SEAs or LEAs. might the Department minimize the Reporting and Recordkeeping Hour requested in accordance with the Act burden of this collection on (44 U.S.C. Chapter 3507 (j)), since Burden: Responses: 18. Burden Hours: respondents, including through the use 24. public harm is reasonably likely to of information technology. result if normal clearance procedures Requests for copies of the proposed are followed. Approval by the Office of Dated: October 9, 2002. information collection request may be Management and Budget (OMB) has John D. Tressler, accessed from http://edicsweb.ed.gov, been requested by October 31, 2002. A Leader, Regulatory Management Group, by selecting the ‘‘Browse Pending regular clearance process is also Office of the Chief Information Officer. Collections’’ link and by clicking on link number 2171. When you access the beginning. Interested persons are Office of Elementary and Secondary information collection, click on invited to submit comments on or before Education December 16, 2002. ‘‘Download Attachments ‘‘ to view. Type of Review: New. ADDRESSES: Written requests for information should Written comments Title: Reading Excellence Act (REA) regarding the emergency review should be addressed to Vivian Reese, Performance Report. Department of Education, 400 Maryland be addressed to the Office of Abstract: This Annual Performance Information and Regulatory Affairs, Avenue, SW, Room 4050, Regional Report will allow the Department of Office Building 3, Washington, DC Attention: Karen Lee, Desk Officer, Education to collect information Department of Education, Office of 20202–4651 or to the e-mail address required by the Reading Excellence Act. [email protected]. Requests may also Management and Budget; 725 17th Additional Information: Emergency Street, NW, Room 10235, New be electronically mailed to the internet clearance is necessary due to address [email protected] or faxed to Executive Office Building, Washington, unanticipated events related to the No DC 20503 or should be electronically (202) 708–9346. Please specify the Child Left Behind Act (NCLB). The No complete title of the information mailed to the internet address Child Left Behind Act, enacted in [email protected]. collection when making your request. January 2002, increased Departmental Comments regarding burden and/or SUPPLEMENTARY INFORMATION: Section expectations for State reporting, the collection activity requirements, 3506 of the Paperwork Reduction Act of strengthened accountability provisions contact Kathy Axt at her e-mail address 1995 (44 U.S.C. Chapter 35) requires and emphasized the implementation of [email protected]. Individuals who use that the Director of OMB provide proven strategies, particularly those a telecommunications device for the interested Federal agencies and the proven through scientific research, in deaf (TDD) may call the Federal public an early opportunity to comment NCLB programs. Clearance is requested Information Relay Service (FIRS) at 1– on information collection requests. The for a new performance report that will 800–877–8339. Office of Management and Budget provide accurate, timely and useful (OMB) may amend or waive the performance information from [FR Doc. 02–26248 Filed 10–15–02; 8:45 am] requirement for public consultation to individual States. This performance BILLING CODE 4000–1–P the extent that public participation in report will also enhance the capability the approval process would defeat the of the REA program office to ascertain purpose of the information collection, technical assistance needs and identify DEPARTMENT OF EDUCATION violate State or Federal law, or compliance concerns. The third and Submission for OMB Review; substantially interfere with any agency’s final round of REA States completed Comment Request ability to perform its statutory their subgrant competitions in August obligations. The Leader, Regulatory 2002, resulting in several hundred new AGENCY: Department of Education. Management Group, Office of the Chief schools with Reading Excellence ACTION: Notice. Information Officer, publishes this programs. This level of program growth

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SUMMARY: The Leader, Regulatory Reporting and Recordkeeping Hour functions of the Board. Notice of the Management Group, Office of the Chief Burden: Board’s meeting is required under Information Officer invites comments Responses: 1,270. section 10(a)(2) of the Federal Advisory on the submission for OMB review as Burden Hours: 941. Committee Act. required by the Paperwork Reduction Abstract: The ELS:2002 first followup Date and Time: October 29, 2002–9 Act of 1995. is the second time this cohort of a.m. to 5:30 p.m. DATES: Interested persons are invited to students who were in 10th grade in Location: Institute of American Indian submit comments on or before 2002 will be interviewed and assessed. Arts (IAIA), 83 Avan Nu Po Road, Santa November 15, 2002. The field test for this survey will be Fe, New Mexico 87508 ADDRESSES: Written comments should conducted in Spring 2003 with 53 Date and Time: October 29, 2002–8:30 be addressed to the Office of schools in five states. Data will be a.m. to 12. Information and Regulatory Affairs, collected from students, dropouts, and Location: Institute of American Indian Attention: Karen Lee, Desk Officer, school administrators. The full scale Arts Museum, 108 Cathedral Place, Department of Education, Office of study will be conducted in Spring 2004 Santa Fe, New Mexico 87501. Management and Budget, 725 17th in 754 schools in all 50 states and the FOR FURTHER INFORMATION CONTACT: Street, NW., Room 10235, New District of Columbia. This longitudinal Victoria Vasques, Acting Executive Executive Office Building, Washington, study is intended to measure school Director, President’s Advisory Board on DC 20503 or should be electronically effectiveness and impact on Tribal Colleges and Universities, U.S. mailed to the e-mail address postsecondary and labor market Department of Education, 400 Maryland [email protected]. outcomes. Avenue, SW., Washington, DC 20202. Requests for copies of the submission SUPPLEMENTARY INFORMATION: Section Telephone: (202) 260–7485. Fax: (202) for OMB review; comment request may 260–4149. 3506 of the Paperwork Reduction Act of be accessed from http:// SUPPLEMENTARY INFORMATION: The Board 1995 (44 U.S.C. Chapter 35) requires edicsweb.ed.gov, by selecting the is established by Executive Order 13270 that the Office of Management and ‘‘Browse Pending Collections’’ link and dated July 3, 2002 to provide advice Budget (OMB) provide interested by clicking on link number 2125. When regarding the progress made by federal Federal agencies and the public an early you access the information collection, agencies toward fulfilling the purposes opportunity to comment on information click on ‘‘Download Attachments’’ to and objective of the order. The Board collection requests. OMB may amend or view. Written requests for information shall also provide recommendations to waive the requirement for public should be addressed to Vivian Reese, consultation to the extent that public the President and the Secretary of Department of Education, 400 Maryland participation in the approval process Education at least annually on ways Avenue, SW., Room 4050, Regional would defeat the purpose of the Tribal Colleges can: (1) Use long-term Office Building 3, Washington, DC information collection, violate State or development, endowment building, and 20202–4651 or to the e-mail address Federal law, or substantially interfere master planning to strengthen [email protected]. Requests may also with any agency’s ability to perform its institutional viability; (2) improve be electronically mailed to the e-mail statutory obligations. The Leader, financial management and security, address [email protected] or faxed to Regulatory Management Group, Office obtain private sector funding support, 202–708–9346. Please specify the of the Chief Information Officer, and expand and complement federal complete title of the information publishes that notice containing education initiatives; (3) develop collection when making your request. institutional capacity through the use of proposed information collection Comments regarding burden and/or new and emerging technologies offered requests prior to submission of these the collection activity requirements by the federal and private sectors; (4) requests to OMB. Each proposed should be directed to Kathy Axt at her enhance physical infrastructure to information collection, grouped by e-mail address [email protected]. facilitate more efficient operation and office, contains the following: (1) Type Individuals who use a effective recruitment and retention of of review requested, e.g. new, revision, telecommunications device for the deaf students and facility; and (5) help extension, existing or reinstatement; (2) (TDD) may call the Federal Information implement the No Child Left Behind Title; (3) Summary of the collection; (4) Relay Service (FIRS) at 1–800–877– Act of 2001 and meet other high Description of the need for, and 8339. proposed use of, the information; (5) standards of educational achievement. Respondents and frequency of [FR Doc. 02–26247 Filed 10–15–02; 8:45 am] The general public is welcome to collection; and (6) Reporting and/or BILLING CODE 4000–01–P attend. However, space is limited and is Recordkeeping burden. OMB invites available on a first-come, first-served public comment. basis. Individuals who need DEPARTMENT OF EDUCATION Dated: October 9, 2002. accommodations for a disability in order to attend the meeting (i.e. interpreting John D. Tressler, President’s Advisory Board on Tribal services, assistive listening devices, Leader,Regulatory Management Group, Office Colleges and Universities Meeting of the Chief Information Officer. materials in alternative format) should AGENCY: President’s Advisory Board on notify Betty Thompson at (202) 260– Office of Educational Research and Tribal Colleges and Universities. 0223 no later than October 21, 2002. We Improvement ACTION: Notice of open meeting. will attempt to meet requests after this Type of Review: Revision. date, but cannot guarantee availability Title: Education Longitudinal Study SUMMARY: This notice sets forth the of the requested accommodation. The (ELS) of 2002, First Followup. schedule and proposed agenda of the meeting site is accessible to individuals Frequency: One time. first meeting of the President’s Advisory with disabilities. Affected Public: Individuals or Board on Tribal Colleges and A summary of the activities of the household; Not-for-profit institutions; Universities and is intended to notify meeting and other related materials, State, Local, or Tribal Gov’t, SEAs or the general public of their opportunity which are informative to the public and LEAs. to attend. This notice also describes the consistent with the policy of section 5

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U.S.C. 552, will be available to the National Fuel states that copies of this revised its regulations regarding the public within 14 days after the meeting. filing were served upon its customers, availability of the Right-of-First-Refusal Records are kept of all Board interested state commissions. (ROFR). Any person desiring to be heard or to proceedings and are available for public Specifically, 18 CFR 284.221(d)(2)(ii) inspection at the White House Initiative protest said filing should file a motion provides that the ROFR will be on Tribal Colleges & Universities, to intervene or a protest with the applicable to contracts at the applicable United States Department of Education, Federal Energy Regulatory Commission, 400 Maryland Avenue, SW., 888 First Street, NE., Washington, DC maximum rate with either (1) a term of Washington, DC from 9 a.m. to 5:30 p.m. 20426, in accordance with sections service of at least 12 consecutive 385.214 or 385.211 of the Commission’s months or (2) for a service which is not Rod Paige, rules and regulations. All such motions available for 12 consecutive months, a Secretary, Department of Education. or protests must be filed in accordance contract term of more than one year. [FR Doc. 02–26198 Filed 10–15–02; 8:45 am] with section 154.210 of the Additionally, a customer receiving firm BILLING CODE 4000–01–M Commission’s regulations. Protests will service at less than the applicable be considered by the Commission in maximum rate pursuant to a service determining the appropriate action to be agreement executed prior to March 26, DEPARTMENT OF ENERGY taken, but will not serve to make 2000 that meets the foregoing term protestants parties to the proceedings. criteria, will also be eligible for a right Office of Science Any person wishing to become a party of first refusal; provided however, the High Energy Physics Advisory Panel. must file a motion to intervene. This right of first refusal will not apply to a filing is available for review at the re-executed service agreement unless it AGENCY: Department of Energy. Commission in the Public Reference is at the applicable maximum rate. ACTION: Amendment in change of Room or may be viewed on the Any person desiring to be heard or to location of open meeting. Commission’s Web site at http:// protest said filing should file a motion www.ferc.gov using the ‘‘FERRIS’’ link. SUMMARY to intervene or a protest with the : This notice announces the Enter the docket number excluding the change in location of the High Energy last three digits in the docket number Federal Energy Regulatory Commission, Physics Advisory Panel meeting on field to access the document. For 888 First Street, NE., Washington, DC November 7–8, 2002, to the Radisson Assistance, call (202) 502–8222 or for 20426, in accordance with sections Hotel, Old Town Alexandria, TTY, (202) 502–8659. Comments, 385.214 or 385.211 of the Commission’s Alexandria, VA 22314. protests and interventions may be filed rules and regulations. All such motions Issued in Washington, DC on October 10, electronically via the Internet in lieu of or protests must be filed in accordance 2002. paper. The Commission strongly with section 154.210 of the Rachel Samuel, encourages electronic filings. See, 18 Commission’s regulations. Protests will Deputy Advisory Committee Management CFR 385.2001(a)(1)(iii) and the be considered by the Commission in Officer. instructions on the Commission’s Web determining the appropriate action to be [FR Doc. 02–26266 Filed 10–15–02; 8:45 am] site under the ‘‘e-Filing’’ link. taken, but will not serve to make BILLING CODE 6450–01–P protestants parties to the proceedings. Linwood A. Watson, Jr., Any person wishing to become a party Deputy Secretary. must file a motion to intervene. This DEPARTMENT OF ENERGY [FR Doc. 02–26258 Filed 10–15–02; 8:45 am] filing is available for review at the BILLING CODE 6717–01–P Federal Energy Regulatory Commission in the Public Reference Commission Room or may be viewed on the DEPARTMENT OF ENERGY Commission’s Web site at http:// [Docket No. RP03–15–000] www.ferc.gov using the ‘‘FERRIS’’ link. National Fuel Gas Supply Corporation; Federal Energy Regulatory Enter the docket number excluding the Notice of Tariff Filing Commission last three digits in the docket number [Docket No. RP03–14–000] field to access the document. For October 9, 2002. Assistance, call (202) 502–8222 or for Take notice that on October 7, 2002, Pine Needle LNG Company, LLC; TTY, (202) 502–8659. Comments, National Fuel Gas Supply Corporation Notice of Tariff Filing protests and interventions may be filed (National Fuel) tendered for filing as electronically via the Internet in lieu of part of its FERC Gas Tariff, Fourth October 9, 2002. paper. The Commission strongly Revised Volume No. 1, Second Revised Take notice that on October 4, 2002, encourages electronic filings. See, 18 Sheet No. 46, to be effective November Pine Needle LNG Company, LLC (Pine CFR 385.2001(a)(1)(iii) and the 6, 2002. Needle), tendered for filing as part of its instructions on the Commission’s Web National Fuel states that the purpose FERC Gas Tariff Original Volume No. 1, site under the ‘‘e-Filing’’ link. of the instant filing is to revise the EFT First Revised Sheet No. 80, with an Operating Protocol to clarify that, upon effective date of December 1, 2002. Linwood A. Watson, Jr., termination of an FT service agreement Pine Needle states that the instant Deputy Secretary. with National Fuel Gas Distribution filing is submitted pursuant to the [FR Doc. 02–26257 Filed 10–15–02; 8:45 am] Corporation, for 30,000 Dth/day, the Commission’s Regulation of Short-Term capacity in Line AM–60 utilized to Natural Gas Transportation Services and BILLING CODE 6717–01–P provide service under such agreement Regulation of Interstate Natural Gas will be utilized for service to National Transportation Services in Docket Nos. Fuel’s EFT shippers, and would not be RM98–10 and RM98–12, et. al. (Order recontracted as FT transportation No. 637). In Order No. 637, the service. Commission, among other things,

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY on the Commission’s Web site under the ‘‘e-Filing’’ link. Federal Energy Regulatory Federal Energy Regulatory Linwood A. Watson, Jr., Commission Commission Deputy Secretary. [FR Doc. 02–26255 Filed 10–15–02; 8:45 am] [Docket No. RP96–312–114] [Docket No. RP02–99–005] BILLING CODE 6717–01–P Tennessee Gas Pipeline Company; Transcontinental Gas Pipe Line Notice of Negotiated Rate Filing Corporation; Notice of Compliance Filing DEPARTMENT OF ENERGY October 9, 2002. October 9, 2002. Federal Energy Regulatory Take notice that on October 4, 2002, Take notice that on October 4, 2002, Commission Tennessee Gas Pipeline Company Transcontinental Gas Pipe Line [Docket No. RP03–13–000] (Tennessee), submitted for filing and Corporation (Transco) tendered for approval an amendment to a Gas filing as part of its FERC Gas Tariff, Transcontinental Gas Pipe Line Transportation Agreement between Third Revised Volume No. 1, certain Corporation; Notice of Tariff Filing Tennessee and eCORP Marketing, revised tariff sheets listed on Appendix October 9, 2002. L.L.C., that has been previously A to the filing, with an effective date of accepted as a negotiated rate agreement. September 5, 2002. Take notice that on October 4, 2002, Transcontinental Gas Pipe Line Tennessee requests that the Commission Transco submits the filing pursuant to Corporation (Transco), tendered for accept and approve the amendment to Ordering Paragraph (C) of the filing as part of its FERC Gas Tariff, be effective on the later of October 1, Commission’s Order on Initial Decision Third Revised Volume No. 1, 1st 2002, or the date on which the issued September 5, 2002 (September 5 Revised Fourth Revised Sheet No. 3740 Commission accepts and approves the Order) in Docket Nos. RP02–99–000 and and Original Sheet No. 3740.00, which amendment. RP02–144–000. The tariff sheets tariff sheets are proposed to have an submitted therein contain a proposed Any person desiring to protest said effective date of December 1, 2002. filing should file a protest with the rate schedule and form of service Transco states that the instant filing is Federal Energy Regulatory Commission, agreement for gathering service submitted pursuant to the Commission’s 888 First Street, NE., Washington, DC provided on the subject North Padre Regulation of Short-Term Natural Gas 20426, in accordance with section Island gathering facilities described in Transportation Services and Regulation 385.211 of the Commission’s rules and the September 5 Order. of Interstate Natural Gas Transportation regulations. All such protests must be Transco states that the purpose of this Services in Docket Nos. RM98–10 and filed in accordance with section 154.210 filing is to comply with the RM98–12, et. al. (Order No. 637). In Commission’s September 5 Order, by of the Commission’s regulations. Order No. 637, the Commission, among filing a new rate schedule and a new Protests will be considered by the other things, revised its regulations form of service agreement that governs Commission in determining the regarding the availability of the Right-of- the gathering service on the North Padre First-Refusal (ROFR). appropriate action to be taken, but will Island gathering facilities. not serve to make protestants parties to Specifically, 18 CFR 284.221(d)(2)(ii) Transco states that copies of the filing provides that the ROFR will be the proceedings. This filing is available are being mailed to affected customers for review at the Commission in the applicable to contracts at the applicable and interested State Commissions. maximum rate with either (1) a term of Public Reference Room or may be Any person desiring to protest said service of at least 12 consecutive viewed on the Commission’s Web site at filing should file a protest with the months or (2) for a service which is not http://www.ferc.gov using the ‘‘FERRIS’’ Federal Energy Regulatory Commission, available for 12 consecutive months, a link. Enter the docket number excluding 888 First Street, NE., Washington, DC contract term of more than one year. the last three digits in the docket 20426, in accordance with section Additionally, a shipper receiving firm number field to access the document. 385.211 of the Commission’s rules and service at less than the applicable For Assistance, call (202) 502–8222 or regulations. All such protests must be maximum rate pursuant to a service for TTY, (202) 502–8659. The filed in accordance with section 154.210 agreement executed prior to March 26, Commission strongly encourages of the Commission’s regulations. 2000 that meets the foregoing term electronic filings. See, 18 CFR Protests will be considered by the criteria, will also be eligible for a right 385.2001(a)(1)(iii) and the instructions Commission in determining the of first refusal; provided however, the on the Commission’s web site under the appropriate action to be taken, but will right of first refusal will not apply to a ‘‘e-Filing’’ link. not serve to make protestants parties to re-executed service agreement unless it the proceedings. This filing is available is at the applicable maximum rate. Linwood A. Watson, Jr., for review at the Commission in the Any person desiring to be heard or to Deputy Secretary. Public Reference Room or may be protest said filing should file a motion [FR Doc. 02–26254 Filed 10–15–02; 8:45 am] viewed on the Commission’s Web site at to intervene or a protest with the BILLING CODE 6717–01–P http://www.ferc.gov using the ‘‘FERRIS’’ Federal Energy Regulatory Commission, link. Enter the docket number excluding 888 First Street, NE., Washington, DC the last three digits in the docket 20426, in accordance with sections number field to access the document. 385.214 or 385.211 of the Commission’s For Assistance, call (202) 502–8222 or rules and regulations. All such motions for TTY, (202) 502–8659. The or protests must be filed in accordance Commission strongly encourages with section 154.210 of the electronic filings. See, 18 CFR Commission’s regulations. Protests will 385.2001(a)(1)(iii) and the instructions be considered by the Commission in

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determining the appropriate action to be 3. Edison Source PPL Electric and Allegheny Electric taken, but will not serve to make [Docket No. ER02–2565–001] Cooperative, Inc. for interconnection at protestants parties to the proceedings. the Fairfield delivery point. Take notice that on October 3, 2002, Any person wishing to become a party PPL Electric requests an effective date Edison Source tendered for filing with must file a motion to intervene. This of February 1, 2002. the Federal Energy Regulatory filing is available for review at the Comment Date: October 22, 2002. Commission (Commission) an Commission in the Public Reference amendment to its filing in the above- 8. Midwest Independent Transmission Room or may be viewed on the referenced docket withdrawing its System Operator, Inc. Commission’s Web site at http:// participation in the Western Systems www.ferc.gov using the ‘‘FERRIS’’ link. [Docket No. ER03–5–000] Power Pool (WSPP) pursuant to the Enter the docket number excluding the Take notice that on October 2, 2002, Power Purchase and Sale Agreement last three digits in the docket number pursuant to Section 205 of the Federal between Edison Source and the WSPP, field to access the document. For Power Act and Section 35.12 of the dated August 26, 1996. Edison Source Assistance, call (202) 502–8222 or for Commission’s regulations, 18 CFR requests to withdraw its participation as TTY, (202) 502–8659. Comments, 35.12, the Midwest Independent of October 15, 2002. protests and interventions may be filed Comment Date: October 24, 2002. Transmission System Operator, Inc. electronically via the Internet in lieu of (Midwest ISO) submitted for filing an paper. The Commission strongly 4. New England Power Pool Interconnection and Operating encourages electronic filings. See, 18 [Docket No. ER03–1–000] Agreement among GM Transmission, CFR 385.2001(a)(1)(iii) and the Take notice that on October 1, 2002, LLC, the Midwest ISO and Northern instructions on the Commission’s Web the New England Power Pool (NEPOOL) States Power Company d/b/a Xcel site under the ‘‘e-Filing’’ link. Participants Committee filed for Energy. A copy of this filing was sent to the Linwood A. Watson, Jr., acceptance materials to permit NEPOOL GM Transmission, LLC and Northern Deputy Secretary. to expand its membership to include WebGen Systems Inc. (WebGen). The States Power Company d/b/a Xcel [FR Doc. 02–26256 Filed 10–15–02; 8:45 am] Energy. BILLING CODE 6717–01–P Participants Committee requests an October 1, 2002 effective date for Comment Date: October 23, 2002. commencement of participation in 9. Quonset Point Cogen, L.P. DEPARTMENT OF ENERGY NEPOOL by WebGen. The Participants Committee states [Docket No. ER03–6–000] Federal Energy Regulatory that copies of these materials were sent Take notice that on October 2, 2002, Commission to the New England state governors and Quonset Point Cogen, L.P. and PSEG regulatory commissions and the Energy Technologies Inc. (Applicants) [Docket No. ER02–709–000, et al.] Participants in NEPOOL. filed with the Federal Energy Regulatory Commission a Thermal and Electric Southwest Power Pool, Inc., et al.; Comment Date: October 22, 2002. Energy Purchase Agreement under Electric Rate and Corporate Regulation 5. Ameren Services Company Section 205 of the Federal Power Act. Filings [Docket No. ER03–2–000] Applicants request an effective date of October 7, 2002. Take notice that on October 1, 2002, November 1, 2002. The following filings have been made Ameren Services Company (ASC) Comment Date: October 23, 2002. with the Commission. The filings are tendered for filing a Service Agreement 10. Public Service Company of New listed in ascending order within each for Long-Term Firm Point-to-Point Hampshire docket classification. Services between ASC and Ameren Energy, Inc. ASC asserts that the [Docket No. ER03–7–000] 1. Southwest Power Pool, Inc. purpose of the Agreement is to permit Take notice that on October 2, 2002, [Docket No. ER02–709–000] ASC to provide transmission service to Northeast Utilities Service Company Take notice that on October 2, 2002, Ameren Energy, Inc. pursuant to (NUSCO), on behalf of its affiliate, Southwest Power Pool, Inc. (SPP), Ameren’s Open Access Transmission Public Service Company of New submitted a notice of withdrawal of the Tariff. Hampshire (PSNH), filed the executed unexecuted service agreement filed Comment Date: October 22, 2002. Interconnection and Operations Agreement (IOA) by and between PSNH January 7, 2002 in this proceeding. A 6. PPL Electric Utilities Corporation copy of this filing was served on all and Hawkeye Funding, Limited parties included on the Commission’s [Docket No. ER03–3–000] Partnership (Hawkeye), designated as official service list established in this Take notice that on October 1, 2002, Original Service Agreement No. 93 proceeding. PPL Electric Utilities Corporation (PPL under Northeast Utilities System Comment Date: October 23, 2002. Electric) filed an unexecuted Companies’ Open Access Transmission Interconnection Agreement between Tariff (Tariff No. 9). The IOA is a new 2. Covanta Fairfax, Inc. PPL Electric and Allegheny Electric agreement establishing the terms and [Docket No. ER02–2515–001] Cooperative, Inc. for interconnection at conditions under which PSNH will Take notice that on October 3, 2002, the Renovo/Chapman delivery point. provide interconnection service to Covanta Fairfax, Inc. tendered for filing Comment Date: October 22, 2002. Hawkeye’s nominal 525-megawatt combined-cycle generating facility in a Notice of Succession to reflect a name 7. PPL Electric Utilities Corporation change from Ogden Fairfax, Inc. to Newington, New Hampshire. Covanta Fairfax, Inc. Copies of the filing [Docket No. ER03–4–000] NUSCO states that a copy of this filing were served upon the Virginia Take notice that on October 1, 2002, has been mailed to Hawkeye and that Corporation Commission and on PPL Electric Utilities Corporation (PPL Hawkeye fully consents to and supports Dominion Virginia Power. Electric) filed an unexecuted this filing. NUSCO and Hawkeye Comment Date: October 24, 2002. Interconnection Agreement between request an effective date for the IOA of

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September 30, 2002, and request any (LG&E)/Kentucky Utilities (KU) Tariff and on all affected state waivers of the Commission’s regulations (hereinafter Companies) tendered for commission. that may be necessary to permit such an filing an unexecuted unilateral Service Comment Date: October 24, 2002. effective date. Sales Agreement between Companies Standard Paragraph Comment Date: October 23, 2002. and Southern Illinois Power Any person desiring to intervene or to 11. Southern Company Services, Inc. Cooperative under the Companies’ Rate Schedule MBSS. protest this filing should file with the [Docket No. ER03–8–000] Comment Date: October 24, 2002. Federal Energy Regulatory Commission, Take notice on October 2, 2002, 888 First Street, NE., Washington, DC Southern Company Services, Inc. (SCS), 15. MidAmerican Energy Company 20426, in accordance with rules 211 and acting on behalf of Georgia Power [Docket No. ER03–12–000] 214 of the Commission’s rules of Company (Georgia Power), tendered for Take notice that on October 3, 2002, practice and procedure (18 CFR 385.211 filing the Amendment to the MidAmerican Energy Company and 385.214). Protests will be Interchange Contract Between Georgia (MidAmerican), 401 Douglas Street, P. considered by the Commission in Power and Crisp County Power O. Box 778, Sioux City Iowa 51102, filed determining the appropriate action to be Commission (Crisp County) dated as of with the Federal Energy Regulatory taken, but will not serve to make September 27, 2002 (the Amendment). Commission (Commission) an Electric protestants parties to the proceeding. The Amendment modifies that certain Transmission Interconnection Any person wishing to become a party Interchange Contract between Georgia Agreement between Iowa Public Service must file a motion to intervene. All such Power and Crisp County dated as of July Company n/k/a MidAmerican Energy motions or protests should be filed on 1, 1980. The amended Interchange Company, dated March 1, 1991, which or before the comment date, and, to the Contract has been designated as First incorporates the Fifth Amendment to extent applicable, must be served on the Revised Rate Schedule FERC No. 803. the Agreement, dated June 28, 2002. The applicant and on any other person The Amendment revises Service Agreement is pursuant to designated on the official service list. Schedule B and Service Schedule C of MidAmerican’s Open Access This filing is available for review at the the Interchange Contract. SCS has Transmission Tariff. Commission or may be viewed on the requested an effective date of October 3, MidAmerican has served a copy of the Commission’s Web site at http:// 2002, for the Amendment. filing on the Iowa Utilities Board, the www.ferc.gov using the ‘‘RIMS’’ link, Comment Date: October 23, 2002. Illinois Commerce Commission and the select ‘‘Docket #’’ and follow the 12. Westar Energy, Inc. South Dakota Public Utilities instructions (call 202–208–2222 for assistance). Protests and interventions [Docket No. ER03–9–000] Commission. Comment Date: October 24, 2002. may be filed electronically via the Take notice that on October 2, 2002, Internet in lieu of paper; see 18 CFR Westar Energy, Inc. (Westar Energy) 16. New York Independent System 385.2001(a)(1)(iii) and the instructions filed a Notification of Change in Status Operator, Inc. on the Commission’s Web site under the and Petition for Acceptance of Revised [Docket No. ER03–13–000] ‘‘e-Filing’’ link. Market Rate Schedules to reflect (1) Westar Energy’s name change from Take notice that on October 3, 2002, Magalie R. Salas, Western Resources, Inc. and (2) the New York Independent System Secretary. Operator, Inc. (NYISO) filed revisions to cancellation of Westar Energy’s [FR Doc. 02–26259 Filed 10–15–02; 8:45 am] its Market Administration and Control proposed merger with Public Service BILLING CODE 6717–01–P Company of New Mexico, all as more Area Services Tariff (Services Tariff) to fully described in the Application. implement an Unforced Capacity Comment Date: October 23, 2002. Deliverability Rights (UDR) product in the Installed Capacity market in New ENVIRONMENTAL PROTECTION 13. ONEOK Energy Marketing and York. AGENCY Trading Company, L.P. The NYISO has served a copy of this [OPP–2002–0268; FRL–7276–6] [Docket No. ER03–10–000] filing to all parties that have executed Take notice that on October 2, 2002, Service Agreements under the NYISO’s Notice of Receipt of Requests to ONEOK Energy Marketing and Trading Open-Access Transmission Tariff or Voluntarily Cancel Certain Pesticide Company, L.P. (OEMT) tendered for Services Tariff, the New York State Registrations filing Electric Tariff, Original Volume Public Service Commission and to the AGENCY: Environmental Protection No. 1, which will supercede ONEOK electric utility regulatory agencies in Agency (EPA). Power Marketing Company’s (OPMC) New Jersey and Pennsylvania. FERC Electric Tariff, Original Volume Comment Date: October 24, 2002. ACTION: Notice. No. 1. This filing is the result of the 17. Southwest Power Pool, Inc. SUMMARY: In accordance with section merger by and between OEMT and [Docket No. ER03–14–000 6(f)(1) of the Federal Insecticide, OPMC, which was consummated on Fungicide, and Rodenticide Act October 1, 2002. OEMT requests an Take notice that on October 3, 2002, Southwest Power Pool, Inc. (SPP) filed (FIFRA), as amended, EPA is issuing a effective date of April 1, 2001. notice of receipt of request by registrants A copy of the filing was served upon changes to the SPP Open Access to voluntarily cancel certain pesticide the Oklahoma Corporation Commission. Transmission Tariff (SPP Tariff) Comment Date: October 23, 2002. intended to implement certain rate registrations. changes applicable to the Southwestern DATES: Unless a request is withdrawn by 14. Louisville Gas and Electric Power Administration pricing zone. SPP April 14, 2003, or unless indicated Company/Kentucky Utilities Company seeks an effective date of October 1, otherwise, orders will be issued [Docket No. ER03–11–000] 2002 for these changes. canceling all of these registrations. Take notice that on October 3, 2002, A copy of this filing was served on all Comments on EPA Registration Louisville Gas and Electric Company transmission customers under the SPP Numbers 000655–00741, 000655–00742,

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001812–00354, 001812–00448, 009688– B. How Can I Get Copies of this under the ‘‘Federal Register’’ listings at 00131, and 034911–00027 must be Document and Other Related http://www.epa.gov/fedrgstr/. received by November 15, 2002. Information? An electronic version of the public docket is available through EPA’s FOR FURTHER INFORMATION CONTACT: 1. Docket. EPA has established an official public docket for this action electronic public docket and comment James A. Hollins, Information Resources system, EPA Dockets. You may use EPA Services Division (7502C), Office of under docket ID number OPP–2002– 0268. The official public docket consists Dockets at http://www.epa.gov/edocket/ Pesticide Programs, Environmental of the documents specifically referenced to submit or view public comments, Protection Agency, 1200 Pennsylvania in this action, any public comments access the index listing of the contents Ave., NW., Washington, DC 20460– received, and other information related of the official public docket, and to 0001; telephone number: (703) 305– to this action. Although a part of the access those documents in the public 5761; e-mail address: official docket, the public docket does docket that are available electronically. [email protected]. not include Confidential Business Although not all docket materials may Information (CBI) or other information be available electronically, you may still SUPPLEMENTARY INFORMATION: whose disclosure is restricted by statute. access any of the publicly available I. General Information The official public docket is the docket materials through the docket collection of materials that is available facility identified in Unit I.B.1. Once in A. Does this Action Apply to Me? for public viewing at the Public the system, select ‘‘search,’’ then key in the appropriate docket ID number. This action is directed to the public Information and Records Integrity in general. Although this action may be Branch (PIRIB), Rm. 119, Crystal Mall II. What Action is the Agency Taking? #2 1921 Jefferson Davis Hwy., of particular interest to persons who Arlington, VA. This docket facility is This notice announces receipt by the produce or use pesticides, the Agency open from 8:30 a.m. to 4 p.m., Monday Agency of applications from registrants has not attempted to describe all the through Friday, excluding legal to cancel 33 pesticide products specific entities that may be affected by holidays. The docket telephone number registered under section 3 or 24(c) of this action. If you have any questions is (703) 305–5805. FIFRA. These registrations are listed in regarding the information in this notice, 2. Electronic access. You may access sequence by registration number (or consult the person listed under FOR this Federal Register document company number and 24(c) number) in FURTHER INFORMATION CONTACT. electronically through the EPA Internet the following Table 1 of this unit:

TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration Number Product Name Chemical Name

000100 OR–02–0016 Cyclone Concentrate/Gramoxone Max 1,1’-Dimethyl-4,4’-bipyridinium dichloride 000100 WA–02–0018 Cyclone Concentrate/Gramoxone Max 1,1’-Dimethyl-4,4’-bipyridinium dichloride 000352 AZ–01–0001 Dupont Staple Herbicide Sodium 2-chloro-6-(4,6-dimethoxypyrimidin-2- ylthio)benzoate 000352 AZ–01–0002 Dupont PE 350/MON B In B Herbicide Sodium 2-chloro-6-(4,6-dimethoxypyrimidin-2- ylthio)benzoate Isopropylamine glyphosate (N- (phosphonomethyl)glycine) 000524–00476 Harness Plus Herbicide 2’-Ethyl-6’-methyl-N-(ethoxymethyl)-2- chloroacetanilide 000655–00741 Prentox Methoxychlor 50W Methoxychlor (2,2-bis(p-methoxyphenyl)-1,1,1-tri- chloroethane) 000655–00742 Prentox 2 Lb. Methoxychlor Spray Methoxychlor (2,2-bis(p-methoxyphenyl)-1,1,1-tri- chloroethane) 001812–00351 Pro-Tex Manganese ethylenebis(dithiocarbamate) Triphenyltin hydroxide 001812–00354 Indoor Roach Bait 1-Octanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro- 001812–00448 Finitron Brand Sulfuramid RB MUP 1-Octanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro- 003008–00069 Bardec Part I Arsenic acid 003008–00070 Bardec Part 2 Cuprous oxide 003008–00071 Bardec Part 3 Zinc oxide 003125–00102 Guthion 2l Emulsifiable Insecticide O,O-Dimethyl S-((4-oxo-1,2,3-benzotriazin-3(4H)- yl)methyl) phosphorodithioate

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration Number Product Name Chemical Name 004691–00157 Commando Insecticide Cattle Ear Tag O,O,O’,O’-Tetraethyl S,S’-methylene bis(phosphorodithioate) 008177–00073 Enterprise Clear Wood Preservative 3-Iodo-2-propynyl butylcarbamate 009688–00131 Chemsico Roach Control System CS O,O-Diethyl O-(3,5,6-trichloro-2-pyridyl) phosphorothioate 1-Octanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro- 010163–00166 Imidan 50–WP Agricultural Insecticide N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorodithioate) 010163–00170 Imidan 12.5–WP Home Garden Insecti- N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl cide phosphorodithioate) 010163–00173 Imidan 1-E Home Garden Insecticide N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorodithioate) 010163–00227 Prolate Technical Livestock Insecticide N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorodithioate) 034704–00691 Clean Crop Sniper 2-E Azinphos Methyl O,O-Dimethyl S-((4-oxo-1,2,3-benzotriazin-3(4H)- Insecticide yl)methyl) phosphorodithioate 034704 OR–88–0014 Clean Crop Cheat Stop 90 WDG 2-Chloro-4-(ethylamino)-6-(isopropylamino)-s-triazine 034704 WA–88–0019 Clean Crop Cheat Stop 90 WDG 2-Chloro-4-(ethylamino)-6-(isopropylamino)-s-triazine 034911–00027 Hi-Yield Benomyl Systemic Fungicide Methyl 1-(butylcarbamoyl)-2-benzimidazolecarbamate 045385–00087 Cenol Dairy Cattle Spray Dipropyl isocinchomeronate N-Octyl bicycloheptene dicarboximide (Butylcarbityl)(6-propylpiperonyl) ether 80% and re- lated compounds 20% Pyrethrins 051036–00073 Dibrom 8EC 1,2-Dibromo-2,2-dichloroethyl dimethyl phosphate 059639 GA–99–0001 Select Herbicide 2-Cyclohexen-1-one, 2-(1-(((3-chloro-2-pro- penyl)oxy)imino)propyl)-5-(2- 059639 WA–89–0026 Orthene 75 S Soluble Powder O,S-Dimethyl acetylphosphoramidothioate 062190–00005 Wolmanac Concentrate 70% Arsenic pentoxide Chromic acid Cupric oxide 062190–00011 CCA Type C 50% Chromated Copper Arsenic pentoxide Arsenate Chromic acid Cupric oxide 066222–00016 Cotnion-Methyl Azinphos Methyl 2EC O,O-Dimethyl S-((4-oxo-1,2,3-benzotriazin-3(4H)- yl)methyl) phosphorodithioate 070171–00004 Ioblend - 20 Nonylphenoxypolyethoxyethanol - iodine complex

Unless a request is withdrawn by the 00131, Chemsico Roach Control System Griffin and Chemsico have waived the registrant within the 180 or 30–day CS are registrations for which the terms 180–day comment period provided for comment period, orders will be issued and conditions for cancellation and in FIFRA section 6(f). The comment canceling all of these registrations. disposition of existing stocks were period will be the required 30 days from Users of these pesticides or anyone else previously agreed to between EPA, notice in the Federal Register. After the desiring the retention of a registration Griffin L.L.C. and Chemsico and registrations are canceled, EPA will should contact the applicable registrant expressed in the July 9, 2001 permit Griffin to sell and distribute directly during either of these comment Registration/Amendment Notices for Registration 001812–00448, Finitron periods. these products. Thus, EPA intends to Brand Sulfluramid RB MUP until July Registrations 001812–00448, Finitron grant Griffin and Chemsico’s request for 25, 2003, and Registration 001812– Brand Sulfluramid RB MUP, 001812– voluntary cancellation of these 00354, Indoor Roach Bait until 00354, Indoor Roach Bait, and 009688– registrations on December 31, 2002. December 31, 2003, and permit

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Chemisco to sell and distribute TABLE 2—REGISTRANTS REQUESTING TABLE 3—ACTIVE INGREDIENT DIS- Registration 009688–0013, Chemsico VOLUNTARY CANCELLATION—Con- APPEARING AS A RESULT OF REG- Roach Control System CS until tinued ISTRANT’S REQUEST TO CANCEL December 31, 2003. Table 2 of this unit includes the EPA Company Company Name and Ad- EPA Company Company Name and Ad- names and addresses of record for all Number dress Number dress registrants of the products in Table 1 of 034911 Benomyl this unit, in ascending sequence by EPA 010163 Gowan Company Box 5569 company number: Yuma, AZ 85366 IV. What is the Agency’s Authority for Taking this Action? TABLE 2—REGISTRANTS REQUESTING 034704 Jane Cogswell VOLUNTARY CANCELLATION Agent For: Platte Section 6(f)(1) of FIFRA provides that Chemical Co. Inc. a registrant of a pesticide product may EPA Company Company Name and Ad- Box 667 at any time request that any of its Number dress Greeley, CO 80632 pesticide registrations be canceled. FIFRA further provides that, before 000100 Syngenta Crop Protec- 034911 Brazos Associates, acting on the request, EPA must publish Inc. tion, Inc. a notice of receipt of any such request Box 18300 Agent For: Hi-Yield Greensboro, NC 27419 Chemical Co. in the Federal Register. Thereafter, the 2001 Diamond Ridge Administrator may approve such a 000352 E. I. Du Pont De Ne- Drive request. Carrollton, TX 75010 mours and Company V. Procedures for Withdrawal of Dupont Crop Protec- tion 045385 CTX-Cenol, Inc. Request Stine-Haskell Re- Box 472 Registrants who choose to withdraw a search Center S300 Twinsburg, OH 44087 request for cancellation must submit Box 30 such withdrawal in writing to the Newark, DE 19714 051036 Micro-Flo Co. LLC Box 772099 person listed under FOR FURTHER 000524 Monsanto Company Memphis, TN 38117 INFORMATION CONTACT, postmarked Agent For: Monsanto before either of the comment periods Company 059639 Valent U.S.A. Corp. listed under DATES. This written 600 13th Street, NW., 1333 N. California withdrawal of the request for Suite 660 Blvd, Suite 600 cancellation will apply only to the Washington, DC 20005 Walnut Creek, CA applicable FIFRA section 6(f)(1) request 94596 listed in this notice. If the product(s) 000655 Prentiss Inc. have been subject to a previous C.B. 2000 062190 Arch Wood Protection, Floral Park, NY 11001 Inc. cancellation action, the effective date of 1955 Lake Park Drive, cancellation and all other provisions of 001812 Griffin L.L.C. Suite 250 any earlier cancellation action are Box 1847 Smyrna, GA 30080 controlling. The withdrawal request Valdosta, GA 31603 must also include a commitment to pay 066222 Makhteshim-Agan of any reregistration fees due, and to fulfill 003008 Osmose Inc. North America Inc. any applicable unsatisfied data 980 Ellicott Street 551 Fifth Avenue Suite requirements. Buffalo, NY 14209 1100 New York, NY 10176 VI. Provisions for Disposition of 003125 Bayer Corp. Existing Stocks Agriculture Division 070171 Unicore Technologies 8400 Hawthorn Rd., Inc. The effective date of cancellation will Box 4913 Box 3877 be the date of the cancellation order. Kansas City, MO Turlock, CA 95381 The orders effecting these requested 64120 cancellations will generally permit a III. Loss of Active Ingredients registrant to sell or distribute existing 004691 Boehringer Ingelheim stocks for 1–year after the date the Vetmedica, Inc. Unless the request for cancellation is cancellation request was received. This 15th & Oak Streets, Way, Box 338 withdrawn, the pesticide active policy is in accordance with the Elwood, KS 66024 ingredient listed in Table 3 below will Agency’s statement of policy as no longer appear in any registered prescribed in the Federal Register of 008177 Valspar Corp. products. Those who are concerned June 26, 1991 (56 FR 29362) (FRL– 1101 Third Street about the potential loss of this active 3846–4). Exceptions to this general rule South ingredient for pesticidal use are will be made if a product poses a risk Minneapolis, MN concern, or is in noncompliance with 55415 encouraged to work directly with the registrant to explore the possibility of reregistration requirements, or is subject 009688 Chemsico, Division of the registrant withdrawing the request to a Data-Call-In. In all cases, product- United Industries for cancellation. The active ingredient is specific disposition dates will be given in the cancellation orders. Corp. listed in the following Table 3, with Existing stocks are those stocks of Box 142642 EPA company number and chemical St Louis, MO 63114 registered pesticide products which are name. currently in the United States and

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which have been packaged, labeled, and not additional data and/or model Although a part of the official docket, released for shipment prior to the development are needed before Tier II the public docket does not include effective date of the cancellation action. testing and computational dosimetry Confidential Business Information (CBI) Unless the provisions of an earlier order modeling for route-to-route or other information whose disclosure is apply, existing stocks already in the extrapolations proceed for the Tier II restricted by statute. The official public hands of dealers or users can be endpoints listed in the TCE ECA. docket is the collection of materials that distributed, sold, or used legally until DATES: Comments, identified by docket is available for public viewing at the they are exhausted, provided that such ID number OPPT–2002–0056, must be EPA Docket Center, Rm. B102–Reading further sale and use comply with the received on or before November 15, Room, EPA West, 1301 Constitution EPA approved label and labeling of the 2002. Avenue, NW., Washington, DC. The affected product. Exception to these EPA Docket Center is open from 8:30 ADDRESSES: general rules will be made in specific Comments may be a.m. to 4:30 p.m., Monday through cases when more stringent restrictions submitted electronically, by mail, or Friday, excluding legal holidays. The on sale, distribution, or use of the through hand delivery/courier. Follow EPA Docket Center Reading Room products or their ingredients have the detailed instructions as provided in telephone number is (202) 566–1744 already been imposed, as in a Special Unit I. of the SUPPLEMENTARY and the telephone number for the OPPT Review action, or where the Agency has INFORMATION. Docket, which is located in the EPA identified significant potential risk FOR FURTHER INFORMATION CONTACT: For Docket Center, is (202) 566–0280. concerns associated with a particular general information contact: Barbara 2. Electronic access. You may access chemical. Cunningham, Acting Director, this Federal Register document Environmental Assistance Division electronically through the EPA Internet List of Subjects (7408M), Office of Pollution Prevention under the ‘‘Federal Register’’ listings at Environmental protection, Pesticides and Toxics, Environmental Protection http://www.epa.gov/fedrgstr/. and pests. Agency, 1200 Pennsylvania Ave., NW., An electronic version of the public Dated: September 30, 2002. Washington, DC 20460–0001; telephone docket is available through EPA’s Lind Vlier Moos, number: (202) 554–1404; e-mail address: electronic public docket and comment system, EPA Dockets. You may use EPA Acting Director, Information Resources [email protected]. Services Division, Office of Pesticide For technical information about EPA’s Dockets at http://www.epa.gov/edocket/ Programs. Program Review contact: Richard to submit or view public comments, [FR Doc. 02–26177 Filed 10–15–02; 8:45 am] Leukroth or John Schaeffer, Chemical access the index listing of the contents of the official public docket, and to BILLING CODE 6560–50–S Control Division (7405M), Office of Pollution Prevention and Toxics, access those documents in the public Environmental Protection Agency, 1200 docket that are available electronically. ENVIRONMENTAL PROTECTION Pennsylvania Ave., NW., Washington, Although not all docket materials may AGENCY DC 20460–0001; telephone number: be available electronically, you may still (202) 564–8157; e-mail address: access any of the publicly available [OPPT–2002–0056; FRL–7275–8] [email protected]. docket materials through the docket facility identified in Unit I.B.1. Once in 1,1,2-Trichloroethane Tier I Program SUPPLEMENTARY INFORMATION: the system, select ‘‘search,’’ then key in Review Testing; Notice of Availability I. General Information the appropriate docket ID number. and Solicitation of Comment Certain types of information will not A. Does this Action Apply to Me? AGENCY: Environmental Protection be placed in the EPA Dockets. Agency (EPA). This action is directed to the public Information claimed as CBI and other ACTION: Notice. in general, and may be of particular information whose disclosure is interest to those persons who are or may restricted by statute, which is not SUMMARY: Under section 4 of the Toxic be required to conduct testing of included in the official public docket, Substances Control Act (TSCA), EPA chemical substances under TSCA. Since will not be available for public viewing issued a testing consent order that other entities may also be interested, the in EPA’s electronic public docket. EPA’s incorporated an enforceable consent Agency has not attempted to describe all policy is that copyrighted material will agreement (ECA) relating to 1,1,2- the specific entities that may be affected not be placed in EPA’s electronic public trichloroethane (TCE). The companies by this action. If you have any questions docket but will be available only in subject to this ECA agreed to conduct regarding the applicability of this action printed, paper form in the official public toxicity testing, develop a to a particular entity, consult the docket. To the extent feasible, publicly computational dosimetry model for technical person listed under FOR available docket materials will be made route-to-route extrapolations, and FURTHER INFORMATION CONTACT. available in EPA’s electronic public develop pharmacokinetics and docket. When a document is selected mechanistic testing data that are B. How Can I Get Copies of this from the index list in EPA Dockets, the intended to satisfy the toxicological data Document or Other Related Documents? system will identify whether the needs for TCE identified in a TSCA 1. Docket. EPA has established an document is available for viewing in section 4 proposed test rule for a official public docket for this action EPA’s electronic public docket. number of hazardous air pollutant under docket identification (ID) number Although not all docket materials may chemicals. This notice announces that OPPT–2002–0056. OPPT–2002–0056 is be available electronically, you may still EPA is starting the Program Review the continuation docket for the TCE access any of the publicly available component of the TCE ECA alternative ECA which originated under OPPTS docket materials through the docket testing program, and solicits comment Docket Number 42198. The official facility identified in Unit I.B.1. EPA on data received under the Tier I public docket consists of the documents intends to work towards providing Program Review testing segment of the specifically referenced in this action, electronic access to all of the publicly TCE ECA. Comments are expected to any public comments received, and available docket materials through inform EPA’s decision on whether or other information related to this action. EPA’s electronic public docket.

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For public commenters, it is will not edit your comment, and any holidays. The telephone number for the important to note that EPA’s policy is identifying or contact information DCO is (202) 564–8930. that public comments, whether provided in the body of a comment will D. How Should I Submit CBI to the submitted electronically or in paper, be included as part of the comment that Agency? will be made available for public is placed in the official public docket, viewing in EPA’s electronic public and made available in EPA’s electronic Do not submit information that you docket as EPA receives them and public docket. If EPA cannot read your consider to be CBI electronically without change, unless the comment comment due to technical difficulties through EPA’s electronic public docket contains copyrighted material, CBI, or and cannot contact you for clarification, or by e-mail. You may claim other information for which disclosure EPA may not be able to consider your information that you submit to EPA as is restricted by statute. When EPA comment. CBI by marking any part or all of that identifies a comment containing i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI copyrighted material, EPA will provide electronic public docket to submit on disk or CD ROM, mark the outside a reference to that material in the comments to EPA electronically is of the disk or CD ROM as CBI and then version of the comment that is placed in EPA’s preferred method for receiving identify electronically within the disk or EPA’s electronic public docket. The comments. Go directly to EPA Dockets CD ROM the specific information that is entire printed comment, including the at http://www.epa.gov/edocket, and CBI). Information so marked will not be copyrighted material, will be available follow the online instructions for disclosed except in accordance with in the public docket. submitting comments. Once in the procedures set forth in 40 CFR part 2. In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number OPPT–2002–0056. information claimed as CBI, a copy of delivered to the docket will be The system is an ‘‘anonymous access’’ the comment that does not contain the transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the docket will be other contact information unless you docket and EPA’s electronic public scanned and placed in EPA’s electronic provide it in the body of your comment. docket. If you submit the copy that does public docket. Where practical, physical ii. E-mail. Comments may be sent by objects will be photographed, and the not contain CBI on disk or CD ROM, e-mail to [email protected], Attention: mark the outside of the disk or CD ROM photograph will be placed in EPA’s Docket ID Number OPPT–2002–0056. In electronic public docket along with a clearly that it does not contain CBI. contrast to EPA’s electronic public Information not marked as CBI will be brief description written by the docket docket, EPA’s e-mail system is not an staff. included in the public docket and EPA’s ‘‘anonymous access’’ system. If you electronic public docket without prior C. How and To Whom Do I Submit send an e-mail comment directly to the notice. If you have any questions about Comments? docket without going through EPA’s CBI or the procedures for claiming CBI, You may submit comments electronic public docket, EPA’s e-mail please consult the person listed under electronically, by mail, or through hand system automatically captures your e- FOR FURTHER INFORMATION CONTACT. delivery/courier. To ensure proper mail address. E-mail addresses that are E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate automatically captured by EPA’s e-mail My Comments for EPA? docket ID number in the subject line on system are included as part of the the first page of your comment. Please comment that is placed in the official EPA invites interested parties to ensure that your comments are public docket, and made available in provide views on the Companies’ Tier I submitted within the specified comment EPA’s electronic public docket. Program Review testing reports titled: period. Comments received after the iii. Disk or CD ROM. You may submit ‘‘Pharmacokinetics of 1,1,2- close of the comment period will be comments on a disk or CD ROM that Trichloroethane in Rats and Mice’’ and marked ‘‘late.’’ EPA is not required to you mail to the mailing address ‘‘Physiologically Based Pharmacokinetic consider these late comments. If you identified in Unit I.C.2. The disk or CD Model Development, Simulations, and wish to submit CBI or information that must be labeled: Attention: Docket ID Sensitivity Analysis for Repeated is otherwise protected by statute, please Number OPPT-2002-0056. These Exposure to 1,1,2-Trichloroethane.’’ follow the instructions in Unit I.D. Do electronic submissions will be accepted These reports describe a dosimetry not use EPA Dockets or e-mail to submit in WordPerfect or ASCII file format. model for route-to-route extrapolation CBI or information protected by statute. Avoid the use of special characters and and development of pharmacokinetics 1. Electronically. If you submit an any form of encryption. and mechanistic testing data (PK/MECH electronic comment as prescribed in this 2. By mail. Send your comments to: data) that will support the use of this unit, EPA recommends that you include Document Control Office (7407M), model for quantitative route-to-route your name, mailing address, and an e- Office of Pollution Prevention and extrapolations specific to endpoints mail address or other contact Toxics (OPPT), Attention: Docket ID listed under Tier II of the TCE ECA. The information in the body of your Number OPPT-2002-0056, model and PK/MECH data described in comment. Also include this contact Environmental Protection Agency, 1200 these reports, if deemed acceptable to information on the outside of any disk Pennsylvania Ave., NW., Washington, EPA, will be applied to support the TCE or CD ROM you submit, and in any DC 20460–0001. ECA Tier II testing and computational cover letter accompanying the disk or 3. By hand delivery or courier. Deliver dosimetry model extrapolation reporting CD ROM. This ensures that you can be your comments to: OPPT Document called for under Tier II of the TCE ECA. identified as the submitter of the Control Office (DCO) in EPA East EPA is interested in comments on the comment and allows EPA to contact you Building Rm. 6428, 1201 Constitution PK/MECH data, the TCE computational in case EPA cannot read your comment Ave., NW., Washington, DC. Attention: dosimetry model for route-to-route due to technical difficulties or needs Docket ID Number OPPT–2002–0056. extrapolation, and the utility of further information on the substance of The DCO is open from 8 a.m. to 4 p.m., resulting derived computational data your comment. EPA’s policy is that EPA Monday through Friday, excluding legal from the TCE dosimetry model that will

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be developed under Tier II of the TCE permitting authorities with establishing Register of June 15, 2000 (65 FR 37550) ECA. Additionally, EPA is interested in appropriate standards within their (FRL–6494–5). Under the TCE ECA receipt of any data or information for programs; and (3) help other EPA alternative testing program (Ref. 2), the Agency to consider during Program Offices and other Federal these HAPs data needs are being development of EPA’s Program Review agencies (e.g., the Agency for Toxic addressed via an informed testing of the TCE ECA alternative testing Substances and Disease Registry program that utilizes, wherever program with regard to approaches not (ATSDR), the National Institute for possible, extant data from acceptable considered as well as potential impacts Occupational Safety and Health studies performed by routes other than of the various options (including (NIOSH), the Occupational Safety and inhalation, testing by inhalation and the possible unintended consequences). Health Administration (OSHA), and the oral route, and development of PK/ You may find the following suggestions Consumer Product Safety Commission MECH data to support a computational helpful in preparing your comments: (CPSC)) in assessing chemical risks and dosimetry model to perform route-to- 1. Explain your views as clearly as taking appropriate action(s) within their route extrapolations. The official public possible. own programs and under the Federal docket for the development of the TCE 2. Describe any assumptions that you statutes that they administer. ECA is established under docket control number OPPTS–42198B, while the used. B. How is EPA Obtaining Health Effects official public docket for the receipt of 3. Provide copies of any technical Testing on TCE? information and/or data you used that data under the TCE ECA is established support your views. In the proposed HAPs test rule, as under docket ID number OPPT–2002– 4. If you estimate potential burden or amended, EPA identified the following 0056 (which is the continuation of costs, explain how you arrived at the testing needs for TCE: Acute toxicity, OPPTS–42198B). estimate that you provide. subchronic toxicity, developmental toxicity, reproductive toxicity, C. What Testing Does the ECA for TCE 5. Provide specific examples to Require? illustrate your concerns. neurotoxicity, carcinogenicity, in vivo 6. Offer alternative ways to improve cytogenetics, and immunotoxicity to be The TCE ECA alternative testing the science. conducted by the inhalation route of program has four segments, as follows: 7. Make sure to submit your exposure. Tier I HAPs testing; Tier I Program comments by the deadline in this EPA also invited the submission of Review testing; EPA Program Review; notice. proposals regarding the performance of and Tier II testing. 8. To ensure proper receipt by EPA, pharmacokinetics studies which would 1. Tier I HAPs testing. This testing be sure to identify the docket ID number permit extrapolation from oral data to consisted of the following endpoint assigned to this action in the subject predict risk from inhalation exposure. testing, conducted by inhalation line on the first page of your response. Such proposals could provide the exposure, that EPA deemed necessary to You may also provide the name, date, scientific basis for alternative testing to meet certain data needs identified in the and Federal Register citation. the testing proposed and form the basis proposed HAPs test rule: Acute and for developing needed HAPs data via subchronic toxicity. In addition, EPA II. Background ECAs (61 FR 33178, June 26, 1996; 62 determined that existing cytogenicity A. Why is EPA Requiring Health Effects FR 67466, December 24, 1997). EPA studies conducted by Mazzulo et al. Testing on TCE? uses ECAs to accomplish testing where (1986) and Doherty et al. (1996) were a consensus is reached concerning the adequate at this time to characterize the EPA proposed health effects testing need for and scope of testing. The mutagenicity of TCE (Refs. 3 and 4). under TSCA section 4(a) for a number procedures for ECA negotiations are 2. Tier I Program Review testing. of hazardous air pollutants (‘‘HAPs’’ or described at 40 CFR 790.22(b). Under this segment of the TCE ECA ‘‘HAP chemicals’’), including TCE in the In response to EPA’s request for ECA alternative testing program, the test Federal Register of June 26, 1996 (61 FR proposals, the Dow Chemical Company; sponsor is to develop a computational 33178) (FRL–4869–1), as amended in Vulcan Materials Company; Occidental dosimetry model, specific to TCE, for the Federal Register of December 24, Chemical Corporation; Oxy Vinyls, LP; rats and mice, validate the model, and 1997 (62 FR 67466) (FRL–5742–2), and Georgia Gulf Corporation; Westlake verify the model’s ability to perform April 21, 1998 (63 FR 19694) (FRL– Chemical Corporation; PPG Industries, quantitative route-to-route 5780–6). EPA’s primary use of the data Inc.; Borden Chemicals and Plastics extrapolations. from this testing activity will be to Operating Limited Partnership; and In addition, the test sponsor is to implement several provisions of section Formosa Plastics Corporation, U.S.A. develop PK/MECH data to support the 112 of the Clean Air Act (CAA), (‘‘the Companies’’), under the auspices application of the model for the including determining residual risks of the HAP Task Force, submitted a endpoints listed in Tier II of the TCE (e.g., assessing risks remaining after proposal for alternative testing of TCE ECA. Model development and data from imposition of technology-based that included physiologically based this testing are subject to the EPA emission standards (maximum pharmacokinetics (PBPK) and model Program Review. Specifically, the PK/ achievable control technology or development to support route-to-route MECH data will be applied to support: ‘‘MACT’’ standards)), estimating risks extrapolation of extant studies (1) Oral-to-inhalation extrapolation of associated with accidental chemical acceptable to EPA and new testing to be existing immunotoxicity data in mice releases, and determining whether or conducted by the oral route (Ref. 1). On administered TCE via drinking water not subject chemicals should be December 19, 1997, EPA announced the (Ref. 5); (2) oral-to-inhalation removed (‘‘delisted’’) from the CAA initiation of ECA discussions to develop extrapolation of existing oral cancer section 112(b) HAPs list. Other an acceptable alternative testing bioassay data in mice administered TCE important uses of the data obtained via program for TCE and solicited the via corn oil gavage (Ref. 6); and (3) this testing activity will be to: (1) Help involvement of interested parties (62 FR model simulations to demonstrate in better informing communities and 66628) (FRL–5632–2). These validation and verification of citizens about chemical hazards in their discussions resulted in an ECA for TCE computational PBPK models for route- own localities; (2) assist state and local which was announced in the Federal to-route extrapolation in order to

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evaluate acceptability of oral drinking these submissions was announced in September 30, 1999. (CAS No. 79–00–5) water exposure in rats for neurotoxicity Federal Register notices of April 10, (Available from docket control number testing, oral drinking water exposure in 2002 (67 FR 17429) (FRL–6831–5); April OPPTS–42198B.) rats and mice for developmental toxicity 12, 2002 (67 FR 17996) (FRL–6831–4); 3. Mazzulo, M., Colacci, A., Grilli, S., testing, and oral drinking water and August 14, 2002 (67 FR 53001) Prodi, G., and Arfellini, G. 1,1,2- exposure in rats for reproductive (FRL–7193–1) and are available in the Trichloroethane: evidence of toxicity testing. EPA Docket Center (OPPTS–2002– genotoxicity from short-term tests. 3. EPA Program Review. The use of 0056). As described in Unit II.C.3., and Japanese Journal of Cancer Research. PK/MECH data and computational stated in Part VI. of the TCE ECA, the 77:532–539. 1986. dosimetry modeling to support route-to- next step is for EPA to conduct a 4. Doherty, A.T., Ellard, S., Parry, route extrapolation is a new approach Program Review on the data collected E.M., and Parry, J.M. An investigation for EPA’s Office of Pollution Prevention from the Tier I Program Review testing into the activation and deactivation of and Toxics under the TSCA section 4 segment of the TCE ECA alternative chlorinated hydrocarbons to genotoxins chemical testing program. It is essential testing program. The outcome from this in metabolically competent human to the success of the TCE ECA EPA review will determine whether or cells. Mutagenesis. 11(3):247–274. 1996. alternative testing program for EPA to not additional PK/MECH data and/or 5. Sanders, V.M., White, Jr., K.L., ensure that the model and the PK/ model development are needed before Shopp, Jr., G.M., and Musson, A.E. MECH data used to support the route- Tier II testing and computational Humoral and cell-mediated immune to-route extrapolations are of the highest dosimetry model reporting for route-to- status of mice exposed to 1,1,2- quality. For this reason, a Program route extrapolations of Tier II endpoints trichloroethane. Drug and Chemical Review requirement was incorporated can proceed as described in the TCE Toxicology. 8(5):357–372. 1985. into the TCE ECA. ECA. 6. National Cancer Institute (NCI). The purpose of the EPA Program Bioassay of 1,1,2-trichloroethane for B. Is there an Opportunity for Public Review of the TCE ECA is to determine: possible carcinogenicity. Participation in EPA’s Program Review? (1) Whether it is feasible and Carcinogenesis: Technical Report Series appropriate to apply Tier I Program This notice of availability and request No. 74. U.S. Department of Health, Review testing data and data from other for comments on the Companies’ Tier I Education and Welfare, Public Health studies acceptable to EPA to support Program Review testing reports titled: Service, National Institutes of Health. computational route-to-route ‘‘Pharmacokinetics of 1,1,2- 1978. extrapolations for endpoints listed in Trichloroethane in Rats and Mice’’ and the Tier II testing segment of the ECA; ‘‘Physiologically Based Pharmacokinetic List of Subjects (2) whether the data from the Tier I Model Development, Simulations, and Environmental protection, Hazardous Program Review testing segment Sensitivity Analysis for Repeated chemicals. provide a sufficient basis for conducting Exposure to 1,1,2-Trichloroethane’’ the endpoint testing and/or the provides an opportunity for public Dated: October 8, 2002. computational route-to-route participation in the EPA Program Wardner G. Penberthy, extrapolations specified in the Tier II Review of the TCE ECA. A description Acting Director, Chemical Control Division, testing segment; and (3) the nature and of EPA’s objectives in conducting the Office of Pollution Prevention and Toxics. Program Review for the TCE ECA scope of any additional work that may [FR Doc. 02–26308 Filed 10–15–02; 8:45 am] be required before Tier II testing and alternative testing program is provided BILLING CODE 6560–50–S application of the TCE model for route- in Unit II.C.3. to-route extrapolation reporting (e.g., C. What Happens at the Conclusion of development of additional PK/MECH EPA’s Program Review? ENVIRONMENTAL PROTECTION data, modification to the TCE model). AGENCY 4. Tier II testing. This segment of the A description of the possible TCE ECA alternative testing program outcomes of the EPA Program Review is [OPPT–2002–0064; FRL–7277–8] consists of endpoint testing by oral provided in Part VII. of the TCE ECA exposure for neurotoxicity, document (Ref. 2). Following the EPA Approval of Modifications to Test developmental toxicity and Program Review, EPA will place in the Marketing Exemption for a Certain reproductive toxicity. This segment also official public docket for this action Chemical (under docket ID number OPPTS–2002- includes application of the TCE model AGENCY: Environmental Protection –0056) a copy of each comment for quantitative route-to-route Agency (EPA). received, and a copy of the letter extrapolation reporting (oral to ACTION: Notice. inhalation) for Tier II endpoint testing informing the HAP Task Force of the (neurotoxicity, developmental toxicity, outcome from EPA’s Program Review. SUMMARY: This notice announces EPA’s reproductive toxicity) and similar IV. References approval of modifications of the test computational extrapolation reporting marketing period for a test marketing The official public docket for this for certain extant studies for exemption (TME) under section 5(h)(1) action contains the following immunotoxicity (Ref. 5) and of the Toxic Substances Control Act information: carcinogenicity (Ref. 6). 1. The HAP Task Force. Letter from (TSCA). EPA designated the original test marketing application as TME–02–0006. III. Next Steps Peter E. Voytek to Charles M. Auer with attachment titled: Proposal for The test marketing conditions are A. What is the Status of the Testing Pharmacokinetics Study of 1,1,2- described in this notice. Program Developed in the ECA for TCE? Trichloroethane, November 22, 1996. DATES: This notice is effective October Tier I HAPs testing for TCE is (Available from docket control number 7, 2002. completed and reports for Tier I OPPTS–42187B.) FOR FURTHER INFORMATION CONTACT: For Program Review testing have been 2. U.S. EPA, Enforceable Consent general information contact: Barbara submitted by the Companies. Receipt of Agreement for 1,1,2-Trichloroethane. Cunningham, Acting Director,

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Environmental Assistance Division frequently updated electronic version of the Agency finds that the manufacture, (7408M), Office of Pollution Prevention 40 CFR part is available at http:// processing, distribution in commerce, and Toxics, Environmental Protection www.access.gpo.gov/nara/cfr/ use, and disposal of the substances for Agency, 1200 Pennsylvania Ave., NW., cfrhtml_00/Title_40/40cfr_00.html, a test marketing purposes will not present Washington, DC 20460–0001; telephone beta site currently under development. an unreasonable risk of injury to health number: (202) 554–1404; e-mail address: An electronic version of the public or the environment. EPA may impose [email protected]. docket is available through EPA’s restrictions on test marketing activities For technical information contact: electronic public docket and comment and may modify or revoke a test Jamesine Rogers, Chemical Control system, EPA Dockets. You may use EPA marketing exemption upon receipt of Division (7405M), Office of Pollution Dockets at http://www.epa.gov/edocket new information which casts significant Prevention and Toxics, Environmental to submit or view public comments, doubt on its finding that the test Protection Agency, 1200 Pennsylvania access the index listing of the contents marketing activity will not present an Ave., NW., Washington, DC 20460– of the official public docket, and to unreasonable risk of injury. 0001; telephone number: (202) 564– access those documents in the public 3453; e-mail address: docket that are available electronically. List of Subjects [email protected]. Although not all docket materials may Environmental protection, Test SUPPLEMENTARY INFORMATION: be available electronically, you may still marketing exemptions. access any of the publicly available Dated: October 7, 2002. I. General Information docket materials through the docket Rose A. Allison, facility identified in Unit I.B.1. Once in A. Does this Action Apply to Me? Acting Chief, New Chemicals Prenotice the system, select ‘‘search,’’ then key in This action is directed in particular to Management Branch, Office of Pollution the appropriate docket ID number. the chemical manufacturer and/or Prevention and Toxics. importer who submitted the TME to II. What Action is the Agency Taking? [FR Doc. 02–26304 Filed 10–15–02; 8:45 am] EPA. This action may, however, be of EPA approves the modifications of the BILLING CODE 6560–50–S interest to the public in general. Since test marketing period, production other entities may also be interested, the volume, and number of customers for Agency has not attempted to describe all ENVIRONMENTAL PROTECTION TME–02–0006. EPA has determined that AGENCY the specific entities that may be affected test marketing of the new chemical by this action. If you have any questions substance described in this notice, [OPPT–2002–0062; FRL–7277–6] regarding the applicability of this action under the conditions set out in the TME to a particular entity, consult the applications and modification requests, Approval of Modifications to Test technical person listed under FOR and for the modified time periods Marketing Exemption for a Certain FURTHER INFORMATION CONTACT. specified in this notice, will not present Chemical B. How Can I Get Copies of This any unreasonable risk of injury to health AGENCY: Environmental Protection Document and Other Related or the environment. Production volume, Agency (EPA). Information? use, and the number of customers must ACTION: Notice. not exceed specifications in the 1. Docket. EPA has established an application. All other conditions and official public docket for this action SUMMARY: This notice announces EPA’s restrictions described in the original under docket identification (ID) number approval of modifications of the test notice of approval of test marketing OPPT–2002–0064. The official public marketing period for a test marketing application must be met. docket consists of the documents exemption (TME) under section 5(h)(1) TME–02–0006 of the Toxic Substances Control Act specifically referenced in this action, Notice of approval of original any public comments received, and (TSCA). EPA designated the original test application: February 27, 2002, (67 FR marketing application as TME–02–0004. other information related to this action. 8972) (FRL–6825–2). Although a part of the official docket, The test marketing conditions are Production volume: CBI. described in this notice. the public docket does not include Number of customers: CBI. DATES: Confidential Business Information (CBI) Modified test marketing period: 6 This notice is effective October or other information whose disclosure is months. 7, 2002. restricted by statute. The official public Commencing on: October 8, 2002. FOR FURTHER INFORMATION CONTACT: For docket is the collection of materials that The Agency reserves the right to general information contact: Barbara is available for public viewing at the rescind approval or modify the Cunningham, Acting Director, EPA Docket Center, Rm. B102-Reading conditions and restrictions of an Environmental Assistance Division Room, EPA West, 1301 Constitution exemption should any new information (7408M), Office of Pollution Prevention Ave., NW., Washington, DC. The EPA come to its attention which casts and Toxics, Environmental Protection Docket Center is open from 8:30 a.m. to significant doubt on its finding that the Agency, 1200 Pennsylvania Ave., NW., 4:30 p.m., Monday through Friday, test marketing activities will not present Washington, DC 20460–0001; telephone excluding legal holidays. The EPA any unreasonable risk of injury to health number: (202) 554–1404; e-mail address: Docket Center Reading Room telephone or the environment. [email protected]. number is (202) 566–1744 and the For technical information contact: telephone number for the OPPT Docket, III. What is the Agency’s Authority for Jamesine Rogers, Chemical Control which is located in EPA Docket Center, Taking this Action? Division (7405M), Office of Pollution is (202) 566–0280. Section 5(h)(1) of TSCA authorizes Prevention and Toxics, Environmental 2. Electronic access. You may access EPA to exempt persons from Protection Agency, 1200 Pennsylvania this Federal Register document premanufacture notification (PMN) Ave., NW., Washington, DC 20460– electronically through the EPA Internet requirements and permit them to 0001; telephone number: (202) 564– under the‘‘ Federal Register’’ listings at manufacture or import new chemical 3453; e-mail address: http://www.epa.gov/fedrgstr. A substances for test marketing purposes if [email protected].

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SUPPLEMENTARY INFORMATION: be available electronically, you may still List of Subjects access any of the publicly available I. General Information Environmental protection, Test docket materials through the docket marketing exemptions. A. Does this Action Apply to Me? facility identified in Unit I.B.1. Once in the system, select ‘‘search,’’ then key in Dated: October 7, 2002. This action is directed in particular to Rose A. Allison, the chemical manufacturer and/or the appropriate docket ID number. Acting Chief, New Chemicals Prenotice importer who submitted the TME to II. What Action is the Agency Taking? Management Branch, Office of Pollution EPA. This action may, however, be of EPA approves the modifications of the Prevention and Toxics. interest to the public in general. Since [FR Doc. 02–26305 Filed 10–15–02; 8:45 am] other entities may also be interested, the test marketing period, production Agency has not attempted to describe all volume, and number of customers for BILLING CODE 6560–50–S the specific entities that may be affected TME–02–0004. EPA has determined that by this action. If you have any questions test marketing of the new chemical substance described in this notice, ENVIRONMENTAL PROTECTION regarding the applicability of this action AGENCY to a particular entity, consult the under the conditions set out in the TME technical person listed under FOR applications and modification requests, [OPPT–2002–0058; FRL–7277–1] FURTHER INFORMATION CONTACT. and for the modified time periods specified in this notice, will not present Certain New Chemicals; Receipt and B. How Can I Get Copies of This any unreasonable risk of injury to health Status Information Document and Other Related or the environment. Production volume, AGENCY: Environmental Protection Information? use, and the number of customers must Agency (EPA). 1. Docket. EPA has established an not exceed specifications in the ACTION: Notice. official public docket for this action application. All other conditions and under docket identification (ID) number restrictions described in the original SUMMARY: Section 5 of the Toxic OPPT–2002–0062. The official public notice of approval of test marketing Substances Control Act (TSCA) requires docket consists of the documents application must be met. any person who intends to manufacture specifically referenced in this action, TME–02–0004 (defined by statute to include import) a any public comments received, and Notice of approval of original new chemical (i.e., a chemical not on other information related to this action. application: February 27, 2002, (67 FR the TSCA Inventory) to notify EPA and Although a part of the official docket, 8973) (FRL–6825–4). comply with the statutory provisions the public docket does not include Production volume: CBI. pertaining to the manufacture of new Confidential Business Information (CBI) Number of customers: 0 chemicals. Under sections 5(d)(2) and or other information whose disclosure is (intermediate). 5(d)(3) of TSCA, EPA is required to restricted by statute. The official public publish a notice of receipt of a docket is the collection of materials that Modified test marketing period: 6 months. premanufacture notice (PMN) or an is available for public viewing at the application for a test marketing EPA Docket Center, Rm. B102-Reading Commencing on: October 8, 2002. exemption (TME), and to publish Room, EPA West, 1301 Constitution The Agency reserves the right to periodic status reports on the chemicals Ave., NW., Washington, DC. The EPA rescind approval or modify the under review and the receipt of notices Docket Center is open from 8:30 a.m. to conditions and restrictions of an of commencement to manufacture those 4:30 p.m., Monday through Friday, exemption should any new information chemicals. This status report, which excluding legal holidays. The EPA come to its attention which casts covers the period from August 26, 2002 Docket Center Reading Room telephone significant doubt on its finding that the to September 11, 2002, consists of the number is (202) 566–1744 and the test marketing activities will not present PMNs pending or expired, and the telephone number for the OPPT Docket, any unreasonable risk of injury to health notices of commencement to which is located in EPA Docket Center, or the environment. manufacture a new chemical that the is (202) 566–0280. III. What is the Agency’s Authority for Agency has received under TSCA 2. Electronic access. You may access Taking this Action? section 5 during this time period. this Federal Register document DATES: Comments identified by the electronically through the EPA Internet Section 5(h)(1) of TSCA authorizes docket ID number OPPT– 2002–0058 under the‘‘ Federal Register’’ listings at EPA to exempt persons from and the specific PMN number or TME http://www.epa.gov/fedrgstr/. A premanufacture notification (PMN) number, must be received on or before frequently updated electronic version of requirements and permit them to November 15, 2002. 40 CFR part is available at http:// manufacture or import new chemical ADDRESSES: www.access.gpo.gov/nara/cfr/ substances for test marketing purposes if Comments may be cfrhtml_00/Title_40/40cfr_00.html, a the Agency finds that the manufacture, submitted electronically, by mail, or beta site currently under development. processing, distribution in commerce, through hand delivery/courier. Follow An electronic version of the public use, and disposal of the substances for the detailed instructions as provided in docket is available through EPA’s test marketing purposes will not present Unit I. of the SUPPLEMENTARY electronic public docket and comment an unreasonable risk of injury to health INFORMATION. system, EPA Dockets. You may use EPA or the environment. EPA may impose FOR FURTHER INFORMATION CONTACT: Dockets at http://www.epa.gov/edocket/ restrictions on test marketing activities Barbara Cunningham, Acting Director, to submit or view public comments, and may modify or revoke a test Environmental Assistance Division, access the index listing of the contents marketing exemption upon receipt of Office of Pollution Prevention and of the official public docket, and to new information which casts significant Toxics (7408M), Environmental access those documents in the public doubt on its finding that the test Protection Agency, 1200 Pennsylvania docket that are available electronically. marketing activity will not present an Ave., NW., Washington, DC 20460– Although not all docket materials may unreasonable risk of injury. 0001; telephone number: (202) 554–

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1404; e-mail address: TSCA- the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate [email protected]. the appropriate docket ID number. docket ID number and specific PMN SUPPLEMENTARY INFORMATION: Certain types of information will not number or TME number in the subject be placed in the EPA Dockets. line on the first page of your comment. I. General Information Information claimed as CBI and other Please ensure that your comments are A. Does this Action Apply to Me? information whose disclosure is submitted within the specified comment restricted by statute, which is not period. Comments received after the This action is directed to the public included in the official public docket, close of the comment period will be in general. As such, the Agency has not will not be available for public viewing marked ‘‘late.’’ EPA is not required to attempted to describe the specific in EPA’s electronic public docket. EPA’s consider these late comments. If you entities that this action may apply to. policy is that copyrighted material will wish to submit CBI or information that Although others may be affected, this not be placed in EPA’s electronic public is otherwise protected by statute, please action applies directly to the submitter docket but will be available only in follow the instructions in Unit I.D. Do of the premanufacture notices addressed printed, paper form in the official public not use EPA Dockets or e- mail to in the action. If you have any questions docket. To the extent feasible, publicly submit CBI or information protected by regarding the applicability of this action available docket materials will be made statute. to a particular entity, consult the person available in EPA’s electronic public 1. Electronically. If you submit an listed under FOR FURTHER INFORMATION docket. When a document is selected electronic comment as prescribed in this CONTACT. from the index list in EPA Dockets, the unit, EPA recommends that you include B. How Can I Get Copies of This system will identify whether the your name, mailing address, and an e- Document and Other Related document is available for viewing in mail address or other contact Information? EPA’s electronic public docket. information in the body of your Although not all docket materials may comment. Also include this contact 1. Docket. EPA has established an be available electronically, you may still information on the outside of any disk official public docket for this action access any of the publicly available or CD ROM you submit, and in any under docket identification (ID) number docket materials through the docket cover letter accompanying the disk or OPPT–2002–0058. The official public facility identified in Unit I.B.1. EPA CD ROM. This ensures that you can be docket consists of the documents intends to work towards providing identified as the submitter of the specifically referenced in this action, electronic access to all of the publicly comment and allows EPA to contact you any public comments received, and available docket materials through in case EPA cannot read your comment other information related to this action. EPA’s electronic public docket. due to technical difficulties or needs Although a part of the official docket, For public commenters, it is further information on the substance of the public docket does not include important to note that EPA’s policy is your comment. EPA’s policy is that EPA Confidential Business Information (CBI) that public comments, whether will not edit your comment, and any or other information whose disclosure is submitted electronically or in paper, identifying or contact information restricted by statute. The official public will be made available for public provided in the body of a comment will docket is the collection of materials that viewing in EPA’s electronic public be included as part of the comment that is available for public viewing at the docket as EPA receives them and is placed in the official public docket, EPA Docket Center, Rm. B102-Reading without change, unless the comment and made available in EPA’s electronic Room, EPA West, 1301 Constitution contains copyrighted material, CBI, or public docket. If EPA cannot read your Ave., NW., Washington, DC. The EPA other information whose disclosure is comment due to technical difficulties Docket Center is open from 8:30 a.m. to restricted by statute. When EPA and cannot contact you for clarification, 4:30 p.m., Monday through Friday, identifies a comment containing EPA may not be able to consider your excluding legal holidays. The EPA copyrighted material, EPA will provide comment. Docket Center Reading Room telephone a reference to that material in the i. EPA Dockets. Your use of EPA’s number is (202) 566–1744 and the version of the comment that is placed in electronic public docket to submit telephone number for the OPPT Docket, EPA’s electronic public docket. The comments to EPA electronically is which is located in EPA Docket Center, entire printed comment, including the EPA’s preferred method for receiving is (202) 566–0280. copyrighted material, will be available comments. Go directly to EPA Dockets 2. Electronic access. You may access in the public docket. at http://www.epa.gov/edocket, and this Federal Register document Public comments submitted on follow the online instructions for electronically through the EPA Internet computer disks that are mailed or submitting comments. Once in the under the ‘‘Federal Register’’ listings at delivered to the docket will be system, select‘‘ search,’’ and then key in http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public docket ID number–– OPPT–2002–0058. An electronic version of the public docket. Public comments that are The system is an‘‘ anonymous access’’ docket is available through EPA’s mailed or delivered to the docket will be system, which means EPA will not electronic public docket and comment scanned and placed in EPA’s electronic know your identity, e-mail address, or system, EPA Dockets. You may use EPA public docket. Where practical, physical other contact information unless you Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the provide it in the body of your comment. to submit or view public comments, photograph will be placed in EPA’s ii. E-mail. Comments may be sent by access the index listing of the contents electronic public docket along with a e-mail to [email protected], Attention: of the official public docket, and to brief description written by the docket Docket ID Number OPPT–2002–0058 access those documents in the public staff. and PMN Number or TME Number. In docket that are available electronically. contrast to EPA’s electronic public Although not all docket materials may C. How and To Whom Do I Submit docket, EPA’s e-mail system is not an be available electronically, you may still Comments? ‘‘anonymous access’’ system. If you access any of the publicly available You may submit comments send an e-mail comment directly to the docket materials through the docket electronically, by mail, or through hand docket without going through EPA’s facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper electronic public docket, EPA’s e-mail

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system automatically captures your e- In addition to one complete version of II. Why is EPA Taking this Action? mail address. E-mail addresses that are the comment that includes any automatically captured by EPA’s e-mail information claimed as CBI, a copy of Section 5 of TSCA requires any system are included as part of the the comment that does not contain the person who intends to manufacture comment that is placed in the official information claimed as CBI must be (defined by statute to include import) a public docket, and made available in submitted for inclusion in the public new chemical (i.e., a chemical not on EPA’s electronic public docket. docket and EPA’s electronic public the TSCA Inventory to notify EPA and iii. Disk or CD ROM. You may submit docket. If you submit the copy that does comply with the statutory provisions comments on a disk or CD ROM that not contain CBI on disk or CD ROM, pertaining to the manufacture of new you mail to the mailing address mark the outside of the disk or CD ROM chemicals. Under sections 5(d)(2) and identified in Unit I.C.2. These electronic clearly that it does not contain CBI. 5(d)(3) of TSCA, EPA is required to submissions will be accepted in Information not marked as CBI will be publish a notice of receipt of a PMN or WordPerfect or ASCII file format. Avoid included in the public docket and EPA’s an application for a TME and to publish the use of special characters and any electronic public docket without prior periodic status reports on the chemicals form of encryption. notice. If you have any questions about under review and the receipt of notices 2. By mail. Send your comments to: CBI or the procedures for claiming CBI, of commencement to manufacture those Document Control Office (7407M), please consult the technical person chemicals. This status report, which Office of Pollution Prevention and listed under FOR FURTHER INFORMATION covers the period from August 26, 2002 Toxics (OPPT), Environmental CONTACT. to September 11, 2002, consists of the Protection Agency, 1200 Pennsylvania PMNs pending or expired, and the Ave., NW., Washington, DC 20460– E. What Should I Consider as I Prepare My Comments for EPA? notices of commencement to 0001. manufacture a new chemical that the 3. By hand delivery or courier. Deliver You may find the following your comments to: OPPT Document Agency has received under TSCA suggestions helpful for preparing your section 5 during this time period. Control Office (DCO) in EPA East comments: Building Rm. 6428, 1201 Constitution 1. Explain your views as clearly as III. Receipt and Status Report for PMNs Ave., NW., Washington, DC. Attention: possible. Docket ID Number OPPT–2002–0058 2. Describe any assumptions that you This status report identifies the PMNs and PMN Number or TME Number. The used. pending or expired, and the notices of DCO is open from 8 a.m. to 4 p.m., 3. Provide copies of any technical commencement to manufacture a new Monday through Friday, excluding legal information and/or data you used that chemical that the Agency has received holidays. The telephone number for the support your views. under TSCA section 5 during this time DCO is (202) 564–8930. 4. If you estimate potential burden or period. If you are interested in costs, explain how you arrived at the D. How Should I Submit CBI To the information that is not included in the estimate that you provide. Agency? following tables, you may contact EPA 5. Provide specific examples to as described in Unit II. to access Do not submit information that you illustrate your concerns. additional non-CBI information that consider to be CBI electronically 6. Offer alternative ways to improve may be available. through EPA’s electronic public docket the notice or collection activity. or by e-mail. You may claim 7. Make sure to submit your In Table I of this unit, EPA provides information that you submit to EPA as comments by the deadline in this the following information (to the extent CBI by marking any part or all of that document. that such information is not claimed as information as CBI (if you submit CBI 8. To ensure proper receipt by EPA, CBI) on the PMNs received by EPA on disk or CD ROM, mark the outside be sure to identify the docket ID number during this period: the EPA case number of the disk or CD ROM as CBI and then assigned to this action and the specific assigned to the PMN; the date the PMN identify electronically within the disk or PMN number you are commenting on in was received by EPA; the projected end CD ROM the specific information that is the subject line on the first page of your date for EPA’s review of the PMN; the CBI). Information so marked will not be response. You may also provide the submitting manufacturer; the potential disclosed except in accordance with name, date, and Federal Register uses identified by the manufacturer in procedures set forth in 40 CFR part 2. citation. the PMN; and the chemical identity.

I. 38 PREMANUFACTURE NOTICES RECEIVED FROM: 08/26/02 TO 09/11/02

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–02–0957 08/26/02 11/24/02 CIBA Specialty Chemi- (S) Photoinitiator for coatings (G) Aromatic mixed esters cals Corporation P–02–0958 08/26/02 11/24/02 Von Roll Isola USA, (S) Electrical insulating varnish for (G) Unsaturated polyester-imide Inc. motors, generators, transformers P–02–0959 08/26/02 11/24/02 CBI (S) Thickener for water-based paints (G) Ethoxylate/urethane copolymer and adhesives P–02–0960 08/26/02 11/24/02 CBI (G) Additive in radiation cured coat- (G) Metallic acrylate ings, adhesives and inks. P–02–0961 08/27/02 11/25/02 Oxford Organics, Inc. (G) Colorant (G) Spiro naphthoxazine P–02–0962 08/27/02 11/25/02 DIC International (G) Binder (G) Acryl based copolymer (USA), Inc. P–02–0963 08/28/02 11/26/02 Solutia Inc (S) Binder for industrial coatings (G) Modified alkyd resin P–02–0964 08/29/02 11/27/02 Solutia Inc (S) Binder for industrial coatings (G) Modified alkyd resin

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I. 38 PREMANUFACTURE NOTICES RECEIVED FROM: 08/26/02 TO 09/11/02—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–02–0965 08/30/02 11/28/02 Forbo Adhesives, LLC (G) Hot melt polyurethane adhesive (G) Isocyanate functional polyester polyether urethane polymer P–02–0966 08/29/02 11/27/02 CBI (G) Structural material (open, non-dis- (G) Modified polyacrylate persive) P–02–0967 08/29/02 11/27/02 CBI (G) Structural material (open, non-dis- (G) Modified polyacrylate persive) P–02–0968 08/29/02 11/27/02 CBI (G) Structural material (open, non-dis- (G) Modified polyacrylate persive) P–02–0969 08/30/02 11/28/02 CBI (G) Sealant component (G) Polymer of a carbomonocyclic diisocyanate, a modified polyalkene, hydroxyalkane and a substituted alkoxysilane P–02–0970 08/29/02 11/27/02 BASF Corporation (G) Internal press release (G) Alkoxylated urethane P–02–0971 08/29/02 11/27/02 BASF Corporation (G) Internal press release (G) Alkoxylated urethane P–02–0972 08/29/02 11/27/02 BASF Corporation (G) Surfactant (G) Alkoxylated substituted phenol P–02–0973 08/29/02 11/27/02 BASF Corporation (G) Surfactant (G) Alkoxylated substituted phenol P–02–0974 09/04/02 12/03/02 Bedoukian Research, (S) Use as specialty fragrance (ffdca); (S) 3-octen-1-ol,propanoate, (3z)- Inc. fragrance use: (soaps, detergents, air fresheners, scented papers). P–02–0975 09/04/02 12/03/02 CBI (G) Toner binder for copiers or laser (G) Polyester resin printers P–02–0976 08/28/02 11/26/02 CBI (G) Destructive use (G) Tetrabromophthalate diol P–02–0977 09/05/02 12/04/02 J.M. Huber (S) Industrial coating (G) Surface treated kaolin Corporattion P–02–0978 09/05/02 12/04/02 CBI (S) Substrate water (S) Lanthanum aluminum oxide or lanthanum aluminate (the 9ci name is listed as aluminum lanthanum oxide) P–02–0979 09/04/02 12/03/02 Solutia Inc. (S) Wash primer for metal protection (G) Epoxy modified polyvinyl butyral P–02–0980 09/06/02 12/05/02 CBI (G) Thermoset polymer component, (G) Brominated epoxy resin open nondispersive use P–02–0981 09/06/02 12/05/02 CBI (G) Thermoset polymer component, (G) Aromatic diol, acrylate, acrylo- open nondispersive use nitrile, butadiene rubber-extended epoxy resin P–02–0982 09/06/02 12/05/02 CBI (G) Thermostat polymer component, (G) Sulfonylamine extended epoxy open nondispersive use resin P–02–0983 09/06/02 12/05/02 CBI (G) Raw material (G) Substituted-alkyl-heteromonocycle P–02–0984 09/06/02 12/05/02 Mitsubishi Gas Chem- (S) Epoxy curing agent (S) 1,3-benzenedimethanamine, .nu.- ical Company Amer- (2-phenylethyl) derivs. ica, Inc. P–02–0985 09/06/02 12/05/02 Reichhold, Inc. (S) Stain vehicle (G) Vegetable fatty acids, polymer with peroxide, alkyl acrylate, cyclic carboxlic acid, alkeneioc acid, tetra hydroxy alkane and alkenylbenzene. P–02–0986 09/06/02 12/05/02 Reichhold, Inc. (S) Intermediate (G) Vegetable fatty acids, polymer with peroxide, alkyl acrylate, alkeneoic acid and alkenylbenzene. P–02–0987 09/09/02 12/08/02* CBI (G) Use as adhesive component. (G) The pmn polymers is: naphtha non-dispersive use. (petroleum), light steam-cracked debenzenized, polymers, hydro- genated polymers with carbomonocyclic diketone. P–02–0988 09/10/02 12/09/02 AOC L.L.C. (S) Reactive copolymer for unsatu- (G) Urethane modified acyrlate rated polyester resin for use in rein- forced and non-reinforced plastic parts P–02–0989 09/10/02 12/09/02 CBI (S) Moisture cure coating (G) Aliphatic polyester polyurethane polymer P–02–0991 09/11/02 12/10/02 CBI (G) Moisture curing polyurethane ad- (G) Isocyanate terminated urethane hesive polymer P–02–0992 09/11/02 12/10/02 CBI (G) Dispersing agent [destructive use] (G) Ethylene oxide-propylene oxide copolymer allyl alkyl ether P–02–0993 08/28/02 11/26/02 International Flavors (S) Ingredients for use in fragrances (S) Oils, persicaria odorata and Fragrances, Inc. for soaps, detergents, cleaners and other household products P–02–1003 08/29/02 11/27/02 CBI (S) Optical plastics; coating materials, (S) 2-propenethioic acid, 2-methyl-, s,s′-(thiodi-2,1-ethanediyl) ester

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I. 38 PREMANUFACTURE NOTICES RECEIVED FROM: 08/26/02 TO 09/11/02—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–02–1004 08/29/02 11/27/02 CBI (S) Optical plastics; coating materials (S) 2-propenethioic acid, 2-methyl-, s,s′(8-methyl-7-oxo-3,6,10,13- tetrathiapentadecane-1,15-diyl) ester

In Table II of this unit, EPA provides CBI) on the Notices of Commencement the following information (to the extent to manufacture received: that such information is not claimed as

II. 29 NOTICES OF COMMENCEMENT FROM: 08/26/02 TO 09/11/02

Commencement/ Case No. Received Date Import Date Chemical

P–00–1129 09/03/02 08/13/02 (S) 4,7-methano-1h-inden-6-ol, 3a,4,5,6,7,7a-hexahydro-, butanoate P–01–0132 09/10/02 09/05/02 (S) Siloxanes and silicones, di-me, me vinyl, vinyl group-terminated, polymers with ethylene and me methacrylate P–01–0216 09/10/02 08/28/02 (G) Hydrocarbon resin P–01–0242 09/05/02 08/22/02 (S) Iodonium, (3-methylphenyl)phenyl-, ar′-C12–13-branched alkyl derivs., (oc-6- 11)-hexafluoroantimonates(1-) P–01–0249 08/26/02 08/21/02 (S) Boric acid (h3bo3), mixed 2-[2-(2-methoxyethoxy)ethoxy]ethyl and 3,6,9,12- tetraoxatridec-1-yl triesters P–02–0104 09/05/02 08/06/02 (G) Modified polyester P–02–0253 08/27/02 05/17/02 (G) Substituted alkyl acrylate P–02–0288 09/04/02 08/05/02 (G) Alkoxylated fatty acid esters P–02–0338 08/26/02 08/10/02 (G) Copper azo dye P–02–0343 08/27/02 07/22/02 (G) Aromatic acid diesters P–02–0394 08/30/02 08/01/02 (G) Arylsulfonium compound P–02–0407 09/10/02 08/20/02 (G) Urethane acrylate P–02–0518 09/09/02 08/21/02 (G) Blocked aromatic isocyanate P–02–0555 09/10/02 07/23/02 (S) Amides, from branched and linear C16–18 and C18-unsaturated fatty acids and 1-piperazineethanamine P–02–0556 09/10/02 07/24/02 (S) Fatty acids, C16–18 and C18-unsaturated, branched and linear, reaction prod- ucts with 2-[(2-aminoethyl)amino]ethanol P–02–0557 09/10/02 07/25/02 (S) Amides, from branched and linear C16–18 and C18-unsaturated fatty acids and triethylenetetramine P–02–0558 09/10/02 07/26/02 (S) Amides, from branched and linear C16–18 and C18-unsaturated fatty acids and pentaethylenehexamine P–02–0559 09/10/02 07/29/02 (S) Amides, from branched and linear C16–18 and C18-unsaturated fatty acids and polyethylenepolyamines P–02–0560 09/10/02 07/30/02 (S) Amides, from branched and linear C16–18 and C18-unsaturated fatty acids and tetraethylenepentamine P–02–0561 09/10/02 07/31/02 (S) Fatty acids, C16–18 and C18-unsaturated branched and linear, reaction prod- ucts with piperazineethanol P–02–0599 09/09/02 08/30/02 (G) Blocked artomatic isocyanate P–02–0609 08/30/02 08/08/02 (G) Fluorochemical urethane P–02–0626 09/11/02 08/09/02 (G) Aromatic substituted diurea P–02–0627 08/29/02 08/26/02 (G) Acrylic polymer P–02–0630 08/26/02 08/14/02 (G) Modified polyester resin P–02–0633 08/26/02 08/14/02 (G) Modified polyester resin P–02–0649 08/29/02 08/08/02 (G) Aromatic polyester polyol P–98–0848 09/04/02 08/12/02 (S) Silicic acid, magnesium, strontium salt, dyprosium, europium doped P–98–1030 08/30/02 08/08/02 (G) Urethane acrylate

List of Subjects ENVIRONMENTAL PROTECTION ACTION: Notice. AGENCY Environmental protection, Chemicals, SUMMARY: This notice announces EPA’s Premanufacturer notices. [OPPT–2002–0063; FRL–7277–7] approval of modifications of the test Dated: October 7, 2002. marketing period for a test marketing Sandra R. Wilkins, Approval of Modifications to Test exemption (TME) under section 5(h)(1) Acting Director, Information Management Marketing Exemption for a Certain of the Toxic Substances Control Act Division, Office of Pollution Prevention and Chemical (TSCA). EPA designated the original test Toxics. marketing application as TME–02–0005. [FR Doc. 02–26306 Filed 10–15–02; 8:45 am] AGENCY: Environmental Protection The test marketing conditions are BILLING CODE 6560–50–S Agency (EPA). described in this notice.

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DATES: This notice is effective October 2. Electronic access. You may access III. What is the Agency’s Authority for 7, 2002. this Federal Register document Taking this Action? FOR FURTHER INFORMATION CONTACT: For electronically through the EPA Internet Section 5(h)(1) of TSCA authorizes general information contact: Barbara under the ‘‘Federal Register’’ listings at EPA to exempt persons from Cunningham, Acting Director, http://www.epa.gov/fedrgstr/. A premanufacture notification (PMN) Environmental Assistance Division frequently updated electronic version of requirements and permit them to (7408M), Office of Pollution Prevention 40 CFR is available at http:// manufacture or import new chemical and Toxics, Environmental Protection www.access.gpo.gov/nara/cfr/ _ _ _ substances for test marketing purposes if Agency, 1200 Pennsylvania Ave., NW., cfrhtml 00/Title 40/40cfr 00.html, a the Agency finds that the manufacture, Washington, DC 20460–0001; telephone beta site currently under development. processing, distribution in commerce, number: (202) 554–1404; e-mail address: An electronic version of the public use, and disposal of the substances for [email protected]. docket is available through EPA’s test marketing purposes will not present For technical information contact: electronic public docket and comment an unreasonable risk of injury to health Jamesine Rogers, Chemical Control system, EPA Dockets. You may use EPA or the environment. EPA may impose Division (7405M), Office of Pollution Dockets at http://www.epa.gov/edocket restrictions on test marketing activities Prevention and Toxics, Environmental to submit or view public comments, and may modify or revoke a test Protection Agency, 1200 Pennsylvania access the index listing of the contents marketing exemption upon receipt of Ave., NW., Washington, DC 20460– of the official public docket, and to new information which casts significant 0001; telephone number: (202) 564– access those documents in the public doubt on its finding that the test 3453; e-mail address: docket that are available electronically. marketing activity will not present an [email protected]. Although not all docket materials may unreasonable risk of injury. SUPPLEMENTARY INFORMATION: be available electronically, you may still List of Subjects I. General Information access any of the publicly available docket materials through the docket Environmental protection, Test A. Does this Action Apply to Me? facility identified in Unit I.B.1. Once in marketing exemptions. This action is directed in particular to the system, select ‘‘search,’’ then key in Dated: October 7, 2002. the chemical manufacturer and/or the appropriate docket ID number. Rose A. Allison, importer who submitted the TME to II. What Action is the Agency Taking? Acting Chief, New Chemicals Prenotice EPA. This action may, however, be of Management Branch, Office of Pollution interest to the public in general. Since EPA approves the modifications of the Prevention and Toxics. other entities may also be interested, the test marketing period, production [FR Doc. 02–26307 Filed 10–15–02; 8:45 am] Agency has not attempted to describe all volume, and number of customers for the specific entities that may be affected TME–02–0005. EPA has determined that BILLING CODE 6560–50–S by this action. If you have any questions test marketing of the new chemical regarding the applicability of this action substance described in this notice, to a particular entity, consult the under the conditions set out in the TME FEDERAL COMMUNICATIONS technical person listed under FOR applications and modification requests, COMMISSION FURTHER INFORMATION CONTACT. and for the modified time periods [WC Docket No. 02–60; DA 02–2551] specified in this notice, will not present B. How Can I Get Copies of This any unreasonable risk of injury to health New Universal Service Deadline for Document and Other Related or the environment. Production volume, Completing Funding Year 2001 Rural Information? use, and the number of customers must Healthcare Application Process 1. Docket. EPA has established an not exceed specifications in the official public docket for this action AGENCY: Federal Communications application. All other conditions and Commission. under docket identification (ID) number restrictions described in the original ACTION: Notice. OPPT–2002–0063. The official public notice of approval of test marketing docket consists of the documents application must be met. SUMMARY: This document announces the specifically referenced in this action, TME–02–0005 new deadline for completing Rural any public comments received, and Notice of approval of original Healthcare Applications for filing the other information related to this action. FCC Form 466/468 packet, for those Although a part of the official docket, application: February 27, 2002, (67 FR 8971) (FRL–6825–3). rural healthcare providers seeking the public docket does not include discounts for Funding Year 2001 under Confidential Business Information (CBI) Production volume: CBI. the rural healthcare universal service or other information whose disclosure is Number of customers: 0 support mechanism. restricted by statute. The official public (intermediate). DATES: Filing deadline is October 11, docket is the collection of materials that Modified test marketing period: 6 2002. is available for public viewing at the months. EPA Docket Center, Rm. B102-Reading FOR FURTHER INFORMATION CONTACT: Room, EPA West, 1301 Constitution Commencing on: October 8, 2002. Peter Trachtenberg, Attorney, Ave., NW., Washington, DC. The EPA The Agency reserves the right to Telecommunications Access Policy Docket Center is open from 8:30 a.m. to rescind approval or modify the Division, Wireline Competition Bureau, 4:30 p.m., Monday through Friday, conditions and restrictions of an (202) 418–7400, TTY: (202) 418–0484. excluding legal holidays. The EPA exemption should any new information SUPPLEMENTARY INFORMATION: October Docket Center Reading Room telephone come to its attention which casts 11, 2002, is the final deadline for filing number is (202) 566–1744 and the significant doubt on its finding that the the FCC Form 466/468 packet, for those telephone number for the OPPT Docket, test marketing activities will not present rural healthcare providers seeking which is located in EPA Docket Center, any unreasonable risk of injury to health discounts for Funding Year 2001 under is (202) 566–0280. or the environment. the rural healthcare universal service

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support mechanism. The Form 466/468 guidelines were developed pursuant to In particular, Petitioner requests the packet informs the Rural Healthcare the requirements of the Data Quality Commission to determine whether Division (RHCD) of the Universal Act, Section 515 of Public Law No. 105– CSA’s members have violated the Service Administrative Company that 554, and the implementing rules of the Shipping Act through discriminatory the health care provider has entered into Office of Management and Budget’s service contracting and rating practices an agreement with a (OMB’s) Guidelines for Ensuring and in the Caribbean trades that telecommunications carrier for a service Maximizing the Quality, Objectivity, intentionally discriminate against Ocean believed eligible for universal service Utility and Integrity of Information Transportation Intermediaries (‘‘OTIs’’) support. Those entities that have Disseminated by Federal Agencies, 67 in violation of sections 10(c)(1), 10(c)(3), applied for support for Funding Year FR 8452, February 22, 2002. 10(c)(7) and 10(c)(8) of the Shipping 2001 (July 1, 2001—June 30, 2002) must FOR FURTHER INFORMATION CONTACT: Dr. Act. Petitioner contends that these have their completed packet postmarked Karen Wheeless, Office of Managing practices reduce competition in the by October 11, 2002. Director, 202–418–2910, or by e-mail to involved trades and produce The completed FCC Form 466/468 [email protected]. unreasonable reductions in packet must include the following: SUPPLEMENTARY INFORMATION: Section transportation service and unreasonable (1) FCC Form 466 (Services Ordered 515 of the Treasury and General increases in transportation cost to OTIs, and Certification Form), completed by Government Appropriations Act for their shippers and the shipping public the health care provider; Fiscal Year 2001 (Public Law 106–554) within the meaning of section 6(g) of the (2) FCC Form 468 directed OMB to issue government-wide Shipping Act. Petitioner further alleges (Telecommunications Service Providers guidelines that ‘‘provide policy and that CSA and its members may be in Support Form), completed by the procedural guidance to Federal agencies violation of section 5(c) of the Shipping telecommunications carrier; for ensuring and maximizing the Act by either adopting mandatory (3) contract document or tariff quality, objectivity, utility and integrity agreements relating to OTI rates and designation, provided by either the of information (including statistical services or failing to file true copies of health care provider or information) disseminated by Federal their voluntary guidelines thereon with telecommunications carrier, and, agencies.’’ The OMB guidelines required the Commission. Petitioner finally (4) if the health care provider is each agency to make a draft of its alleges that, in taking these actions, CSA seeking support based on an urban/rural guidelines available for public review is operating in violation of its agreement rate comparison, documentation must by May 1, 2002. Revised drafts were and is therefore also in violation of be included to show the rate for the provided to OMB for review by August section 10(c)(3) of the Shipping Act. selected service(s) in the nearest city of 1, 2002. Final guidelines were to be In support of these contentions, 50,000 or more within the state. available on an agency’s Internet site by Petitioner claims that Non-Vessel- The forms and accompanying October 1, 2002. The Guidelines can be Operating common carrier OTIs instructions may be obtained at the found at http://www.fcc.gov/omd/ (‘‘NVOs’’) depend upon CSA members RHCD Web site a complaint regarding an information approximately 90% of which move (they are called Funding Year 4 forms, dissemination product covered by these under service contracts. On or about because Funding Year 2001 was the guidelines can also be found at the same July 1, 2002, CSA members announced fourth year of the program). Parties with location. a selective rate increase plan targeting questions or in need of assistance with service contract and tariff rates for the Federal Communications Commission. the filing of their applications should commodity descriptions almost contact RHCD’s Customer Service Marlene H. Dortch, exclusively used by NVOs for Support Center at 1–800–229–5476. Secretary. consolidated containers of less than Federal Communications Commission. [FR Doc. 02–26236 Filed 10–15–02; 8:45 am] container load (‘‘LCL’’) cargo: Freight Mark G. Seifert, BILLING CODE 6712–01–P All Kinds (‘‘FAK’’) and General Deputy Division Chief, Telecommunications Department Store Merchandise Access Policy Division. (‘‘GDSM’’). Petitioner states that the [FR Doc. 02–26270 Filed 10–15–02; 8:45 am] FEDERAL MARITIME COMMISSION increases were substantial (from 10% to BILLING CODE 6712–01–P 40%); however, CSA purportedly did [Petition No. P2–02] not take across-the-board increases for Petition of the South Florida NVOCC- any other commodities or categories of FEDERAL COMMUNICATIONS NAOCC Association, Inc. for an shippers. Petitioner asserts that CSA’s COMMISSION Investigation of the Service members’ service contract offers to NVOs have eliminated all commodity [FCC 02–277] Contracting and Rating Practices of the Caribbean Shipowners rates other than FAK and GDSM, Guidelines for Ensuring and Association; Notice of Filing and thereby depriving NVOs of a rate basis Maximizing the Quality, Objectivity, Request for Comments on which to compete for full container Utility and Integrity of Disseminated load (‘‘FCL’’), single commodity Information Notice is hereby given that, by shipments. Petitioner further alleges petition filed October 8, 2002, the South that, at the same time, a wholly-owned AGENCY: Federal Communications Florida NVOCC–NAOCC Association, NVO subsidiary of CSA member Commission. Inc. (‘‘Petitioner’’) has petitioned the Tropical Shipping and Construction Co., ACTION: Notice. Commission for an investigation under Ltd. (‘‘Tropical’’) (described by section 11(c) of the Shipping Act of Petitioner as the largest vessel-operating SUMMARY: The Federal Communications 1984 (‘‘Shipping Act’’) of certain carrier in most of the involved markets Commission (Commission) has activities by the members of the and virtually the only CSA member published its Information Quality Caribbean Shipowners Association competing in the LCL market) reduced Guidelines on its Internet web site. The (‘‘CSA’’). its LCL rates. Petitioner argues the

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combination of CSA members raising Copies of the petition are available at Proposed Project the FAK and GDSM rates on which the Office of the Secretary of the Evaluating Toolbox Training Safety NVOs base their LCL rates, and Tropical Commission, 800 N. Capitol Street, Program for Construction and Mining lowering its LCL rates, has created a NW., Room 1046, by telephone request (OMB 0920–0535)—Extension— ‘‘price squeeze’’ on the NVOs. Petitioner at 202–523–5725 or through email National Institute for Occupational alleges that CSA’s members’ ‘‘obviously request directed to [email protected]. Safety and Health (NIOSH), Centers for coordinated series of actions’’ has Parties participating in this Disease Control and Prevention (CDC) severely and unfairly injured the ability proceeding may elect to receive service proposes to evaluate the effectiveness of of Petitioner’s members to compete. of the Commission’s issuances in this various educational approaches Moreover, Petitioner suggests that CSA’s proceeding through e-mail in lieu of utilizing ‘‘toolbox’’ safety training members’ unreasonably raising rates service by U.S. mail. A party opting for materials targeted to construction and may foreclose U.S. exporters from electronic service shall advise the Office mining industries. The mission of the certain of the involved trades. Finally, of the Secretary in writing and provide National Institute for Occupational Petitioner states that it has been advised an e-mail address where service can be Safety and Health is to promote safety that the CSA’s goal and purpose in made. and health at work for all people adopting the ‘‘selective’’ rate increase through research and prevention. plan is to ‘‘destroy non-conference Bryant L. VanBrakle, In comparison to other industries, competition’’ and ‘‘diminish the Secretary. construction and mining, workers influence of the NVOs’’. [FR Doc. 02–26246 Filed 10–15–02; 8:45 am] continue to have the highest rates of If the Commission’s investigation BILLING CODE 6730–01–P concludes that Shipping Act violations occupational fatalities and injuries. The have occurred, Petitioner urges the Bureau of Labor Statistics estimated for Commission to: (1) Issue sanctions 1999 that while the construction against CSA and its members pursuant DEPARTMENT OF HEALTH AND industry comprises only 6% of the to section 13 of the Shipping Act for HUMAN SERVICES workforce, they account for 20% of the violations found; (2) require CSA fatal occupational injuries across all member lines to pay reparations Centers for Disease Control and industry types (BLS, 1999). Similarly, pursuant to section 11(g) of the Prevention though the mining industry comprises Shipping Act to those OTIs who have less than .5% of the workforce, this been damaged;1 and (3) seek appropriate [60Day–03–02] industry reflects 2% of all fatal injunctive relief to enjoin further occupational injuries (BLS, 1999). operation of CSA pursuant to sections Proposed Data Collections Submitted Research on the effectiveness of safety 6(g) and (h) of the Shipping Act. for Public Comment and and health training programs has The Petition was filed under Rule 69 Recommendations revealed that training can lead to of the Commission’s Rules of Practice increases in worker knowledge and and Procedure, 46 CFR 502.69, and In compliance with the requirement awareness of workplace safety practices. states that it was served upon CSA. of section 3506(c)(2)(A) of the However, fewer evaluations of safety Replies to the petition, as provided by Paperwork Reduction Act of 1995 for training effectiveness have investigated Rule 69 and Rule 74, 46 CFR 502.74, are opportunity for public comment on the relationship between various due October 23, 2002. In order for the proposed data collection projects, the instructional approaches and the actual Commission to make a thorough Centers for Disease Control and transfer of safety training information evaluation of the petition, the Prevention (CDC) will publish periodic into workplace practices. Preliminary Commission is also inviting interested summaries of proposed projects. To input from employees, managers, and persons to submit their comments on request more information on the union leaders representing construction the petition no later than October 23, proposed projects or to obtain a copy of and mining concerns revealed a desire 2002. Comments shall consist of an the data collection plans and in these industries for affordable safety original and 15 copies, or, if e-mailed, instruments, call the CDC Reports training materials that can be effectively as an attachment in WordPerfect 8, Clearance Officer on (404) 498–1210. administered in short sessions on the Microsoft Word 97, or earlier versions of Comments are invited on: (a) Whether job. these applications; be directed to the the proposed collection of information Representatives from these industries Secretary, Federal Maritime is necessary for the proper performance reported that safety training sessions Commission, 800 North Capitol Street, of the functions of the agency, including need to establish a closer connection NW., Washington, DC 20573–0001 (e- whether the information shall have between the safety recommendations mail to: [email protected]); and be practical utility; (b) the accuracy of the and the background experiences and served on Petitioner’s counsel: David P. agency’s estimate of the burden of the knowledge of the workers. An Street, Galland, Kharasch, Greenberg, proposed collection of information; (c) instructional approach that may address Fellman & Swirsky, P.C., 1054 Thirty- ways to enhance the quality, utility, and these needs is often called ‘‘toolbox’’ or First Street, NW., Washington, DC clarity of the information to be ‘‘tailgate’’ training. This type of training 20007–4492; and on CSA, Suite 414, collected; and (d) ways to minimize the is characterized by brief (15 minute) Galleria Professional Building, 915 burden of the collection of information workplace safety lessons. Despite the Middle River Drive, Fort Lauderdale, FL on respondents, including through the popularity of toolbox safety talks, 22204–3561. use of automated collection techniques research is needed to identify the most or other forms of information effective format for this medium. NIOSH 1 Section 11(g) of the Shipping Act, 46 App. technology. Send comments to Anne will investigate the impact of using a U.S.C. 1710(g), provides that, for any complaint O’Connor, CDC Assistant Reports narrative, case-study instructional filed within 3 years after the cause of action Clearance Officer, 1600 Clifton Road, approach versus a more typical, didactic accrued, the Commission shall, upon petition of the complainant and after notice and hearing, direct MS–D24, Atlanta, GA 30333. Written ‘‘learn the facts’’ approach. Comparative payment of reparations to the complainant for comments should be received within 60 analyses will examine differences in injury caused by a violation of the Act. days of this notice. knowledge gain, safety attitudes and

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beliefs, and workplace behaviors. randomly assigned to receive eight behaviors prior to and following their Findings from this research will help weekly toolbox safety training sessions participation in the safety training identify the conditions critical to that use either a case-study narrative or program. Trainers will complete brief effective toolbox safety training for conventional instructional approach. response cards each week. A sample of mining and construction. The materials The training sessions are designed to trainers will participate in structured developed and evaluated during this last fifteen minutes. The impact of these interviews. Findings of the study will be study will be made available to the materials will be evaluated through the reported to participants and in the public at the conclusion of the examination of changes in employee literature. There is no cost to evaluation. knowledge gains, attitudes toward safety respondents. Construction and mining companies practices, and the use of safety who participate in the study will be

Number of re- Average bur- Respondents Number of sponses/re- den/response Total burden respondent spondent (in hours) (in hours)

Worker Pre-training Survey (attitude survey) ...... 640 1 15/60 160 Worker Post-training Survey (attitude survey) ...... 640 1 15/60 160 Instructor Feedback Cards ...... 64 8 5/60 43

Total ...... 363

Dated: October 7, 2002. clarity of the information to be Comparatively little is known about Nancy E. Cheal, collected; and (d) ways to minimize the levels of psychosocial stress among Acting Associate Director for Policy, burden of the collection of information children or other susceptible Planning, and Evaluation, Centers for Disease on respondents, including through the populations in these settings. Control and Prevention. use of automated collection techniques There is a critical need to develop a [FR Doc. 02–26204 Filed 10–15–02; 8:45 am] or other forms of information research instrument to screen children BILLING CODE 4163–18–P technology. Send comments to Seleda who live in communities at or near Perryman, CDC Assistant Reports hazardous waste sites for elevated stress Clearance Officer, 1600 Clifton Road, levels. The instrument will facilitate the DEPARTMENT OF HEALTH AND MS-D24, Atlanta, GA 30333. Written establishment of group norms for levels HUMAN SERVICES comments should be received within 60 of stress in children and is not intended days of this notice. to provide clinical or diagnostic Centers for Disease Control and information on individual children. Prevention Proposed Project The purposes of this project are to: (1) [60Day–03–03] Survey Development: Child Stress and Develop and pilot-test a scale to assess Toxics—New—Agency for Toxic levels and sources of psychosocial stress Proposed Data Collections Submitted Substances and Disease Registry in children who live in communities at for Public Comment and (ATSDR). ATSDR is mandated pursuant or near hazardous waste sites, (2) Recommendations to the 1980 Comprehensive modify the scale based on pilot-test In compliance with the requirement Environmental Response, results, (3) validate the scale on children of Section 3506(c)(2)(A) of the Compensation, and Liability Act living in communities near hazardous Paperwork Reduction Act of 1995 for (CERCLA) and its 1986 amendments, waste sites, and (4) provide an evidence opportunity for public comment on the Superfund Amendments and base for planning and conducting proposed data collection projects, the Reauthorization Act (SARA), to serve interventions in affected communities. Centers for Disease Control and the public by using the best science, In year one, we will pilot test the Prevention (CDC) will publish periodic taking responsive public health actions, scale in at least 100 children in two age summaries of proposed projects. To and providing trusted health groups (5th and 9th grade levels) at one request more information on the information to prevent harmful or more test sites. We will also conduct proposed projects or to obtain a copy of exposures and disease related to toxic semi-structured interviews or focus the data collection plans and substances. For the past 6 years, ATSDR groups to determine whether additional instruments, call the CDC Reports has worked with the U.S. variables need to be included in the Clearance Officer on (404) 498–1210. Environmental Protection Agency scale. During the second and third years Comments are invited on: (a) Whether (EPA), the Substance Abuse and Mental of the project, we will use the scale to the proposed collection of information Health Services Administration screen up to 4,700 children in is necessary for the proper performance (SAMSHA), state health departments, communities at or near hazardous waste of the functions of the agency, including and local communities on the issue of sites. We will then, hopefully, be able to whether the information shall have psychosocial stress due to the presence plan effective interventions and to practical utility; (b) the accuracy of the of toxic hazards. A significant amount of further predict and explain levels of agency’s estimate of the burden of the research has focused on adult stress in children living around proposed collection of information; (c) psychosocial stress in communities hazardous waste sites. There is no cost ways to enhance the quality, utility, and affected by hazardous substances. to respondents.

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Number of Average bur- Respondents Number of responses/re- den/response Total burden respondents spondent (in hours) (in hours)

Children 10–17 years old ...... 5,000 1 30/60 2,500

Total ...... 2,500

Dated: October 8, 2002. DEPARTMENT OF HEALTH AND State Allotment Nancy E. Cheal, percentage HUMAN SERVICES Acting Associate Director for Policy, Planning, and Evaluation, Centers for Disease Alaska ...... 49.52 Food and Drug Administration Control and Prevention. Arizona ...... 57.35 Arkansas ...... 62.49 [FR Doc. 02–26205 Filed 10–15–02; 8:45 am] California ...... 46.25 [Docket No. 01N–0589] BILLING CODE 4163–18–P Colorado ...... 45.06 Connecticut ...... 30.53 Agency Information Collection Delaware ...... 47.05 Activities; Announcement of OMB DEPARTMENT OF HEALTH AND District of Columbia ...... 34.80 Approval; Extralabel Drug Use in HUMAN SERVICES Florida ...... 52.23 Animals Georgia ...... 52.61 Administration for Children and Hawaii ...... 52.22 AGENCY: Food and Drug Administration, Families Idaho ...... 59.49 Illinois ...... 45.81 HHS. Indiana ...... 54.25 Notice of Allotment Percentages to ACTION: Notice. States for Child Welfare Services State Iowa ...... 55.24 Grants Kansas ...... 53.35 Kentucky ...... 59.24 SUMMARY: The Food and Drug AGENCY: Administration on Children, Louisiana ...... 60.30 Administration (FDA) is announcing Youth and Families,Administration for Maine ...... 56.54 that a collection of information entitled Children and Families, Department of Maryland ...... 42.71 ‘‘Extralabel Drug Use in Animals’’ has Massachusetts ...... 36.91 Health and Human Services. Michigan ...... 50.50 been approved by the Office of ACTION: Biennial publication of Minnesota ...... 45.84 Management and Budget (OMB) under allotment percentages for States under Mississippi ...... 64.32 the Paperwork Reduction Act of 1995. the Title IV–B subpart 1, Child Welfare Missouri ...... 53.73 FOR FURTHER INFORMATION CONTACT: Services State Grants Program. Montana ...... 61.16 Nebraska ...... 52.79 Denver Presley, Office of Information SUMMARY: As required by section 421(c) Nevada ...... 49.96 Resources Management (HFA–250), of the Social Security Act (42 U.S.C. New Hampshire ...... 44.28 Food and Drug Administration, 5600 621(c)), the Department is publishing New Jersey ...... 37.19 Fishers Lane, Rockville, MD 20857, the allotment percentage for each State New Mexico ...... 62.62 301–827–1472. New York ...... 41.19 under the Title IV–B subpart 1, Child North Carolina ...... 54.57 SUPPLEMENTARY INFORMATION: In the Welfare Services State Grants Program. North Dakota ...... 58.04 Under section 421(a), the allotment Federal Register of May 14, 2002 (67 FR Ohio ...... 52.41 34456), the agency announced that the percentages are one of the factors used Oklahoma ...... 59.34 in the computation of the Federal grants Oregon ...... 53.34 proposed information collection had awarded under the Program. Pennsylvania ...... 49.87 been submitted to OMB for review and EFFECTIVE DATE: The allotment Rhode Island ...... 50.58 clearance under 44 U.S.C. 3507. An percentages shall be effective for Fiscal South Carolina ...... 59.08 agency may not conduct or sponsor, and South Dakota ...... 56.33 Years 2004 and 2005. a person is not required to respond to, Tennessee ...... 55.53 a collection of information unless it FOR FURTHER INFORMATION CONTACT: Texas ...... 52.99 Doris Lee, Office of Grants Management, Utah ...... 60.36 displays a currently valid OMB control Office of Administration, Vermont ...... 53.66 number. OMB has now approved the Administration for Children and Virginia ...... 47.22 information collection and has assigned Families, 330 C Street, SW., Washington ...... 46.96 OMB control number 0910–0325. The Washington, DC 20201. West Virginia ...... 62.87 approval expires on September 30, Wisconsin ...... 51.93 SUPPLEMENTARY INFORMATION: The 2005. A copy of the supporting Wyoming ...... 52.72 statement for this information collection allotment percentage for each State is American Samoa ...... 70.00 determined on the basis of paragraphs Guam ...... 70.00 is available on the Internet at http:// (b) and (c) of section 421 of the Act. N. Mariana Islands ...... 70.00 www.fda.gov/ohrms/dockets. These figures are available on the ACF Puerto Rico ...... 70.00 Dated: October 9, 2002. Virgin Islands ...... 70.00 homepage on the internet: http:// Margaret M. Dotzel, www.acf.dhhs.gov/programs/cb/. The Associate Commissioner for Policy. allotment percentage for each State is as Dated: October 9, 2002. [FR Doc. 02–26328 Filed 10–15–02; 8:45 am] follows: Joan Ohl, BILLING CODE 4160–01–S Commissioner, Administration on Children, Allotment Youth and Families. State percentage [FR Doc. 02–26291 Filed 10–15–02; 8:45 am] Alabama ...... 59.69 BILLING CODE 4184–01–P

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DEPARTMENT OF HEALTH AND authorizes FDA to require divided into six sections. The first HUMAN SERVICES manufacturers to conduct postmarket section is as follows: surveillance of medical devices. Section The previous notice provides no Food and Drug Administration 705(b) of the act (21 U.S.C. 375(b)) description of the surveys being [Docket No. 02N–0131] authorizes FDA to collect and proposed, the nature of the information disseminate information regarding to be sought, the respondents to whom Agency Information Collection medical products or cosmetics in the surveys will be sent, the ‘‘triggers’’ Activities: Submission for OMB situations involving imminent danger to for issuing survey, or proposed use of Review; Comment Request; FDA Rapid health or gross deception of the the results of these surveys. Response Surveys consumer. Section 903(d)(2) of the act FDA’s response is there have been (21 U.S.C. 393(d)(2)) authorizes the times when FDA has received notice of AGENCY: Food and Drug Administration, Commissioner of Food and Drugs to medical product problems through its HHS. implement general powers (including various adverse event-reporting systems ACTION: Notice. conducting research) to carry out and often there is insufficient effectively the mission of FDA. These information to gauge whether or not a SUMMARY: The Food and Drug sections of the act enable FDA to significant public health problem exists Administration (FDA) is announcing enhance consumer protection from risks with respect to a specific medical that the proposed collection of associated with medical products usage product. If a significant problem exists, information listed below has been that are not foreseen or apparent during FDA seeks to understand quickly the submitted to the Office of Management the premarket notification and review nature of the problem. and Budget (OMB) for review and process. FDA will propose the use of specific FDA Rapid Response Surveys through clearance under the Paperwork FDA’s regulations governing the submission of a memorandum Reduction Act of 1995. application for agency approval to requesting OMB approval of the survey. DATES: Submit written comments on the market a new drug (21 CFR part 314), Included in this memorandum will be collection of information by November regulations governing biological the need for the survey and the 15, 2002. products (21 CFR part 600, et seq.), and timeframe in which FDA needs OMB to ADDRESSES: Submit written comments regulations governing medical devices make a decision on the survey, and the on the collection of information to the (21 CFR part 803) implement these description of the statistical methods to Office of Information and Regulatory statutory provisions. be used. These include the respondent Affairs, OMB, New Executive Office Currently FDA monitors medical universe, the sample selection methods, Bldg., 725 17th St. NW., rm. 10235, product related postmarket adverse the information collection procedures, Washington, DC 20503, Attn: Stuart events via both the mandatory and the expected response rate and an Shapiro, Desk Officer for FDA. voluntary MedWatch Reporting Systems estimate of the burden. Also included in FOR FURTHER INFORMATION CONTACT: using FDA Forms 3500 and 3500A the request will be a copy of the survey. Mark L. Pincus, Office of Information (OMB control number 0910–0291), and Also, if there is a very new problem Resources Management (HFA–250), the Vaccine Adverse Event Reporting to FDA, the agency needs to investigate Food and Drug Administration, 5600 System (VAERS). it more before it decides on the proper Fishers Lane, Rockville, MD 20857, FDA is seeking OMB clearance to action. For example, if the results of the 301–827–1471. collect vital information via a series of survey indicate that problems are more SUPPLEMENTARY INFORMATION: In rapid response surveys. Participation in widespread than just a few isolated compliance with 44 U.S.C. 3507, FDA these surveys will be voluntary. This incidents, the first anticipated action by has submitted the following proposed request covers rapid response surveys FDA is to contact the manufacturers or collection of information to OMB for for community based health care sponsors of the product to discuss the review and clearance. professionals, general type medical issues. Depending on the manufacturers’ facilities, specialized medical facilities responses, the issue could end up in a FDA Rapid Response Surveys—New (those known for cardiac surgery, product recall, or information could be Collection obstetrics/gynecology services, pediatric posted on the FDA web site stating that Section 505 of the Federal Food, Drug, services, etc.), other health care some problems exist with the use of and Cosmetic Act (the act) (21 U.S.C. professionals, patients, consumers, and these products. Additionally, the issue 355), requires that important safety risk managers working in medical may be referred to a center ad-hoc information relating to all human facilities. committee or a working group to prescription drug products be made FDA will use the information formulate additional actions. Without available to FDA so that it can take gathered from these surveys to obtain first knowing if there is an issue, and appropriate action to protect the public quickly vital information about medical what the causes of the problem may be, health when necessary. Section 702 of product risks and interventions to it is difficult to state the final action. the act (21 U.S.C. 372) authorizes reduce risks so the agency may take That is why the Rapid Response Survey investigational powers to FDA for appropriate public health or regulatory becomes so important in helping FDA enforcement of the act. action including dissemination of this discern the issues. Under section 519 of the act (21 information as necessary and By going to the manufacturers and U.S.C. 360i), FDA is authorized to appropriate. sponsors, FDA often needs input from require manufacturers to report medical- In the Federal Register of April 30, other stakeholders that have firsthand device-related deaths, serious injuries, 2002 (67 FR 21253), the agency knowledge of the problem and the and malfunctions to FDA and to require requested comments on the proposed situation. Here is where the Rapid user facilities to report device-related collection of information. FDA received Response Survey can be invaluable. deaths directly to FDA and to four comments, but only one pertained The second section of the comment manufacturers, and to report serious to the information collection. recommends that the notice be reissued injuries to the manufacturer. Section For the purpose of clarity and with adequate details about the 522 of the act (21 U.S.C. 360l) understanding, the comment will be proposed collection of information to

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enable the public to understand the occurred. For instance, if the problem keep these data collection efforts to a proposal so that comments can then be dealt with clinical laboratory devices manageable size. made to the agency based on full and a perceived problem with antibody The response universe will be kept to knowledge of the proposal. assays for detection of the herpes virus those stakeholders that have been FDA responds to the comment by and laboratory information systems identified as appropriate respondents. stating in the 30-day Federal Register mixing up pathology reports, FDA These will be groups that focus on those notice and in the information collection would survey the members of the specialties and have experience and requirement adequate details about the American Society of Microbiology expertise in those areas. purpose were added to enable the Division C and facilities that use such The sixth and final section of the public to understand the purpose of the information that is retrieved from the comment stated that the notice doesn’t proposal. Therefore, FDA is not going to MedSun system. address the mechanism by which the reissue the 60-day Federal Register Section five deals with the voluntary surveys will produce ‘‘rapid responses’’ notice, but has considered and nature of the surveys risks the collection from those surveyed. Whether the responded to all the comments received. of potentially confounded, biased, and surveys will be conducted by mail, The third section of the comment unconfirmed information on which, facsimile, telephone, or the Internet, states that risk management requires the according to the notice, the agency there is a need to validate the source(s) involvement of all stakeholders, intends to ‘‘take: appropriate public and medical accuracy of the information including government, industry, health- health or regulatory action.’’ provided. One of the hallmarks of care professionals, and patients. The FDA responds that usually it expects responsible risk management is role of medical product sponsor appears a 70 percent response rate. The impact confirmation of the information upon to be left out of the process. of a lower response rate to these surveys which decisions are based. Decision FDA’s response is that medical will be considered before FDA takes should not be based on information product sponsors as a stakeholder was action to improve the response rate. gathered in haste if/when the source omitted inadvertently from the 60-day FDA may determine that quicker and validity of the data have not been Federal Register notice seeking public action—development of a public confirmed. comment. They will be included in the position paper—can be taken based on FDA’s response is depending on the 30-day Federal Register notice consistent responses from each of the criticality of the survey and the speed in announcing FDA’s submission of this surveys conducted. If there is a low which the data needs to be returned to information collection to OMB as well response rate with no clear pattern of FDA, respondents can use mail, faxes, as in the justification package sent to response, the national organization or e-mail for their survey responses. OMB. representing that stakeholder group will More use of Internet based surveys will The fourth section of the comment send a letter to all respondents be made in the future. states that it is unclear to whom the reminding them to fill out the survey FDA will employ great care in surveys will be directed. Although the form. determining the validity of the notice identifies general groups, there is FDA proposes to draw purposeful information received. This will be done no discussion of how members of these samples for these surveys. Since the through the design of the survey groups will be identified to participate survey data will not be used for instruments and keeping identifiers for in the surveys. estimates of incidence, there is no need followup if the Center has concerns The FDA reply is that the agency will for a probability sample. Because these about the data received. After the data determine which groups to which proposed data collections are has been verified, the respondents groups will be asked to participate in qualitative, not quantitative, and identifying information will be deleted. each particular survey based on the type because FDA resources for processing FDA estimates the burden of this of medical product problem that incoming data limited, FDA proposes to collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Total Annual Hours per No. of Respondents Annual Frequency per Response Responses Response Total Hours

200 30 (maximum) 6,000 .5 3,000 1There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA projects 30 emergency risk other respondents may be contacted DEPARTMENT OF HEALTH AND related surveys per year with a sample several times annually, depending on HUMAN SERVICES of between 50 and 200 respondents per the human drug, biologic, or medical survey. FDA also projects a response device under evaluation. It is estimated Food and Drug Administration time of 0.5 hours (30 minutes) per that, given the expected type of issues response. that will be addressed by the surveys, it [Docket No. 02D–0303] will take 0.5 hours (30 minutes) for a These estimates are based on the Agency Information Collection maximum sample size per questionnaire respondent to gather the requested information and fill in the answers. Activities; Submission for OMB that FDA can analyze in a timely Review; Comment Request; Guidance manner. The annual frequency of Dated: October 9, 2002. for Industry on Formal Dispute response was determined by the Margaret M. Dotzel, Resolution; Appeals Above the maximum number of questionnaires Associate Commissioner for Policy. Division Level that will be sent to any individual [FR Doc. 02–26324 Filed 10–15–02; 8:45 am] respondent. Some respondents may be AGENCY: Food and Drug Administration, contacted only one time per year, while BILLING CODE 4160–01–S HHS.

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ACTION: Notice. Existing regulations, which appear reasons: (1) To ensure that each request primarily in parts 10, 312, and 314 (21 is kept in the administrative file with SUMMARY: The Food and Drug CFR parts 10, 312, and 314), establish the entire underlying application, and Administration (FDA) is announcing procedures for the resolution of (2) to ensure that pertinent information that the proposed collection of scientific and procedural disputes about the request is entered into the information listed below has been between interested persons and the appropriate tracking databases. Use of submitted to the Office of Management agency, CDER, and CBER. All agency the information in the agency’s tracking and Budget (OMB) for review and decisions on such matters are based on databases enables the appropriate clearance under the Paperwork information in the administrative file agency official to monitor progress on Reduction Act of 1995. (§ 10.75(d)). In general, the information the resolution of the dispute and to DATES: Submit written comments on the in an administrative file is collected ensure that appropriate steps will be collection of information by November under existing regulations in parts 312 taken in a timely manner. 15, 2002. (OMB control number 0910–0014), 314 CDER and CBER have determined and (OMB control number 0910–0001), and the guidance recommends that the ADDRESSES: Submit written comments part 601 (21 CFR part 601) (OMB control following information should be on the collection of information to the number 0910–0315), which specify the submitted to the appropriate center with Office of Information and Regulatory information that manufacturers must each request for dispute resolution so Affairs, OMB, New Executive Office submit so that FDA may properly that the center may quickly and Bldg., 725 17th St. NW., rm. 10235, evaluate the safety and effectiveness of efficiently respond to the request: (1) A Washington, DC 20503, Attn: Stuart drugs and biological products. This brief but comprehensive statement of Shapiro, Desk Officer for FDA. information is usually submitted as part each issue to be resolved, including a FOR FURTHER INFORMATION CONTACT: of an IND, NDA, or biologics license description of the issue, the nature of Karen L. Nelson, Office of Information application (BLA), or as a supplement to the issue (i.e., scientific, procedural, or Resources Management (HFA–250), an approved application. While FDA both), possible solutions based on Food and Drug Administration, 5600 already possesses in the administrative information in the administrative file, Fishers Lane, Rockville, MD 20857, file the information that would form the whether informal dispute resolution 301–827–1482. basis of a decision on a matter in was sought prior to the formal appeal, whether advisory committee review is SUPPLEMENTARY INFORMATION: In dispute resolution, the submission of sought, and the expected outcome; (2) a compliance with 44 U.S.C. 3507, FDA particular information regarding the statement identifying the review has submitted the following proposed request itself and the data and information relied on by the requestor division/office that issued the original collection of information to OMB for decision on the matter and, if review and clearance. in the appeal would facilitate timely resolution of the dispute. The guidance applicable, the last agency official that Guidance for Industry on Formal describes the following collection of attempted to formally resolve the Dispute Resolution; Appeals Above the information not expressly specified matter; (3) a list of documents in the Division Level (OMB Control Number under existing regulations: The administrative file, or additional copies 0910–0430)—Extension submission of the request for dispute of such documents, that are deemed resolution as an amendment to the necessary for resolution of the issue(s); This information collection approval and (4) a statement that the previous application for the underlying product, request is for an FDA guidance on the supervisory level has already had the including the submission of supporting process for formally resolving scientific opportunity to review all of the material information with the request for dispute and procedural disputes in the Center relied on for dispute resolution. The resolution. for Drug Evaluation and Research information that the agency suggests (CDER) and the Center for Biologics FDA’s regulations (§§ 312.23(d), submitting with a formal request for Evaluation and Research (CBER) that 314.50, 314.94, and 601.2) state that dispute resolution consists of: (1) cannot be resolved at the division level. information provided to the agency as Statements describing the issue from the The guidance describes procedures for part of an IND, NDA, ANDA, or BLA is perspective of the person with a formally appealing such disputes to the to be submitted in triplicate and with an dispute, (2) brief statements describing office or center level and for submitting appropriate cover form. Form FDA 1571 the history of the matter, and (3) the information to assist center officials in must accompany submissions under documents previously submitted to FDA resolving the issue(s) presented. The INDs and Form FDA 356h must under an OMB approved collection of guidance provides information on how accompany submissions under NDAs, information. the agency will interpret and apply ANDAs, and BLAs. Both forms have Based on FDA’s experience with provisions of the existing regulations valid OMB control numbers as follows: dispute resolution, the agency expects regarding internal agency review of FDA Form 1571, OMB control number that most persons seeking formal decisions § 10.75 (21 CFR 10.75) and 0910–0014, expires November 30, 2002; dispute resolution will have gathered dispute resolution during the and FDA Form 356h, OMB control the materials listed previously when investigational new drug application number 0910–0001, expires March 31, identifying the existence of a dispute (IND) process (21 CFR 312.48) and the 2005. In the guidance document, CDER with the agency. Consequently, FDA new drug application/abbreviated new and CBER ask that a request for formal anticipates that the collection of drug application (NDA/ANDA) process dispute resolution be submitted as an information attributed solely to the (21 CFR 314.103). In addition, the amendment to the application for the guidance will be minimal. guidance provides information on how underlying product and that it be Description of Respondents: A the agency will interpret and apply the submitted to the agency in triplicate sponsor, applicant, or manufacturer of a specific Prescription Drug User Fee Act with the appropriate form attached, drug or biological product regulated by (PDUFA) goals for major dispute either Form FDA 1571 or Form FDA the agency under the act or section 351 resolution associated with the 356h. The agency recommends that a of the Public Health Service Act who development and review of PDUFA request be submitted as an amendment requests formal resolution of a scientific products. in this manner for the following two or procedural dispute.

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Burden Estimate: Provided below is for dispute resolution that a single describing the history of the matter, and an estimate of the annual reporting respondent submits more than one time. supporting information that has already burden for requests for dispute FDA estimates that CDER receives been submitted to the agency. Based on resolution. Based on data collected from approximately 10 requests annually and experience, FDA estimates that review divisions and offices within CBER receives approximately 1 request approximately 8 hours on average CDER and CBER, FDA estimates that annually. The hours per response is the would be needed per response. approximately seven sponsors and estimated number of hours that a Therefore, FDA estimates that 96 hours applicants (respondents) submit respondent would spend preparing the will be spent per year by respondents requests for formal dispute resolution to information to be submitted with a requesting formal dispute resolution CDER annually and approximately one request for formal dispute resolution in under the guidance. respondent submits requests for formal accordance with this guidance, In the Federal Register of July 18, dispute resolution to CBER annually. including the time it takes to gather and 2002 (67 FR 47385), the agency The total annual responses are the total copy brief statements describing the requested comments on the proposed number of requests submitted to CDER issue from the perspective of the person collections of information. No and CBER in 1 year, including requests with the dispute, brief statements comments were received.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Request for Formal Dispute No. of Respondents Total Annual Hours per Resolution No. of Respondents per Response Responses Response Total Hours

CDER 7 1.4 10 8 80

CBER 1 2 2 8 16

Total 96 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: October 9, 2002. ADDRESSES: Submit written comments meets the requirements of the Margaret M. Dotzel, on the collection of information to the regulations issued by the Secretary of Associate Commissioner for Policy. Office of Information and Regulatory Health and Human Services to authorize [FR Doc. 02–26326 Filed 10–15–02; 8:45 am] Affairs, OMB, New Executive Office the use of such a health claim. To bear BILLING CODE 4160–01–S Bldg., 725 17th St. NW., rm. 10235, the soy protein and CHD health claim, Washington, DC 20503, Attn: Stuart foods must contain at least 6.25-gram Shapiro, Desk Officer for FDA. soy protein per reference amount DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: customarily consumed. Analytical HUMAN SERVICES Peggy Schlosburg, Office of Information methods for measuring total protein can Resources Management (HFA–250), be used to quantify the amount of soy Food and Drug Administration Food and Drug Administration, 5600 protein in foods that contain soy as the Fishers Lane, Rockville, MD 20857, sole source of protein. At the present [Docket No. 02N–0284] 301–827–1223. time, there is no validated analytical Agency Information Collection SUPPLEMENTARY INFORMATION: In methodology available to quantify the Activities; Submission for OMB compliance with 44 U.S.C. 3507, FDA amount of soy protein in foods that Review; Comment Request; Food has submitted the following proposed contain other sources of protein. For Labeling: Health Claims; Record collection of information to OMB for these latter foods, FDA must rely on Retention Requirements for the Soy review and clearance. information known only to the manufacturer to assess compliance with Protein and Risk of Coronary Heart Food Labeling: Health Claims; Record Disease Health Claim the qualifying amount of soy protein. Retention Requirements for the Soy Thus, FDA requires manufacturers to AGENCY: Food and Drug Administration, Protein and Risk of Coronary Heart have and keep records to substantiate HHS. Disease Health Claim—21 CFR the amount of soy protein in a food that 101.82(c)(2)(ii)(B) (OMB Control ACTION: Notice. bears the health claim and contains Number 0910–0428)—Extension sources of protein other than soy, and to SUMMARY: The Food and Drug This regulation authorizes a health make such records available to Administration (FDA) is announcing claim for food labels about soy protein appropriate regulatory officials upon that the proposed collection of and coronary heart disease (CHD). written request. The information information listed below has been Section 403(r)(3)(A)(i) of the Federal collected includes nutrient databases or submitted to the Office of Management Food, Drug, and Cosmetic Act (21 U.S.C. analyses, recipes or formulations, and Budget (OMB) for review and 343(r)(3)(A)(i)) provides for the use of purchase orders for ingredients, or any clearance under the Paperwork food label statements characterizing a other information that reasonably Reduction Act of 1995. relationship of any nutrient of the type substantiates the ratio of soy protein to DATES: Submit written comments on the required to be in the label or labeling of total protein. collection of information by November the food to a disease or a health related FDA estimates the burden of this 15, 2002. condition only where that statement collection of information as follows:

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TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

Hours per 21 CFR Section No. of Recordkeepers Annual Frequency of Total Annual Record- Total Hours Recordkeepers Records keeper

101.82(c)(2)(ii)(B) 25 1 25 1 25 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based upon its experience with the ACTION: Notice. 360c(e) and (f), 360d(b), 360e(b), and use of health claims, FDA estimates that 360j(l)) and part 860 (21 CFR part 860), SUMMARY: The Food and Drug only about 25 firms would be likely to subpart C, to collect data and Administration (FDA) is announcing market products bearing a soy protein/ information contained in that the proposed collection of CHD health claim and that only, reclassification petitions. The perhaps, one of each firm’s products information listed below has been submitted to the Office of Management reclassification provisions of the act might contain nonsoy sources of protein allow any person to petition for along with soy protein. The records and Budget (OMB) for review and clearance under the Paperwork reclassification of a device from any one required to be retained by 21 CFR of the three classes (I, II, and III) to 101.82(c)(2)(ii)(B) are the records, e.g., Reduction Act of 1995. another class. The reclassification the formulation or recipe, that a DATES: Submit written comments on the content regulation (§ 860.123) requires manufacturer has and maintains as a collection of information by November normal course of its doing business. 15, 2002. the submission of sufficient, valid Thus, the burden to the food ADDRESSES: Submit written comments scientific evidence demonstrating that manufacturer is that involved in on the collection of information to the the proposed classification will provide assembling and providing the records to Office of Information and Regulatory a reasonable assurance of safety and appropriate regulatory officials for Affairs, OMB, New Executive Office effectiveness of the device for its review or copying. Bldg., 725 17th St. NW., rm. 10235, intended use. The reclassification provisions of the act serve primarily as Dated: October 9, 2002. Washington, DC 20503, Attn: Stuart Shapiro, Desk Officer for FDA. a vehicle for manufacturers to seek Margaret M. Dotzel, FOR FURTHER INFORMATION CONTACT: reclassification from a higher to a lower Associate Commissioner for Policy. Peggy Schlosburg, Office of Information class, thereby reducing the regulatory [FR Doc. 02–26327 Filed 10–15–02; 8:45 am] Resources Management (HFA–250), requirements applicable to a particular BILLING CODE 4160–01–S Food and Drug Administration, 5600 device. The reclassification petitions Fishers Lane, Rockville, MD 20857, requesting classification from class III to DEPARTMENT OF HEALTH AND 301–827–1223. class II or class I, if approved, provide HUMAN SERVICES SUPPLEMENTARY INFORMATION: In an alternative route to the market in lieu compliance with 44 U.S.C. 3507, FDA of premarket approval for class III Food and Drug Administration has submitted the following proposed devices. collection of information to OMB for [Docket No. 02N–0309] Description of respondents: Device review and clearance. manufacturers. Agency Information Collection Reclassification Petitions for Medical Activities; Submission for OMB FDA estimates the burden of this Devices—21 CFR 860.123 (OMB Control collection as follows: Review; Comment Request; Number 0910–0138)—Extension Reclassification Petitions for Medical Devices FDA has the responsibility under sections 513(e) and (f), 514(b), 515(b), AGENCY: Food and Drug Administration, and 520(l) of the Federal Food, Drug, HHS. and Cosmetic Act (the act) (21 U.S.C.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

860.123 6 1 6 500 3,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on current trends and actual the requirements for submission of a Dated: October 9, 2002. reclassification petitions received, FDA reclassification petition, have consulted Margaret M. Dotzel, anticipates that six petitions will be and advised manufacturers on these Associate Commissioner for Policy. submitted each year. The time required requirements, and have reviewed the [FR Doc. 02–26329 Filed 10–15–02; 8:45 am] to prepare and submit a reclassification documentation submitted. BILLING CODE 4160–01–S petition, including the time needed to assemble supporting data, averages 500 hours per petition. This average is based upon estimates by FDA administrative and technical staff who are familiar with

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DEPARTMENT OF HEALTH AND presentations from the public will be Location: U.S. Department of HUMAN SERVICES scheduled between approximately 8:45 Agriculture, Animal and Plant Health a.m. and 9:15 a.m. on November 4, Inspection Service, Conference Center, Food and Drug Administration 2002, and between approximately 8:15 4700 River Rd., Riverdale, MD, 301– a.m. and 8:45 a.m. on November 5, 734–8010. Dermatologic and Ophthalmic Drugs 2002. Time allotted for each Contact Person: Jeanne E. Latham, Advisory Committee; Notice of Meeting presentation may be limited. If you wish Center for Food Safety and Applied AGENCY: Food and Drug Administration, to make a brief statement during the Nutrition (HFS–800), Food and Drug HHS. open public hearing, please contact the Administration, 5100 Paint Branch Executive Secretary (see Contact ACTION: Notice. Pkwy., College Park, MD 20740, 301– Person), by October 18, 2002. 436–1756, or FDA Advisory Committee This notice announces a forthcoming You will be asked to submit a brief Information Line, 1–800–741–8138 meeting of a public advisory committee summary of your planned statement and (301–443–0572 in the Washington, DC of the Food and Drug Administration provide information on how we may area), code 10564. Please call the (FDA). The meeting will be open to the contact you before the meeting. Information Line for up-to-date public. Persons attending FDA’s advisory information on this meeting. Name of Committee: Dermatologic committee meetings are advised that the Agenda: The meeting’s purpose is to and Ophthalmic Drugs Advisory agency is not responsible for providing discuss the scientific issues and Committee. access to electrical outlets. principles involved in assessing and FDA welcomes the attendance of the General Function of the Committee: evaluating whether a ‘‘new’’ infant public at its advisory committee To provide advice and formula supports normal physical meetings and will make every effort to recommendations to the agency on growth in infants when consumed as a accommodate persons with physical FDA’S regulatory issues. sole source of nutrition. This is the disabilities or special needs. If you Date and Time: The meeting will be second meeting of a series of advisory require special accommodations due to held on November 4, 2002, from 8:30 committee meetings to discuss the a disability, please contact Karen a.m. to 5:30 p.m. and November 5, 2002, scientific issues involved in evaluating Templeton-Somers at least 7 days in from 8 a.m. to 1 p.m. whether a new infant formula supports advance of the meeting. Location: Holiday Inn, Versailles normal physical growth. Notice of this meeting is given under Ballroom, 8120 Wisconsin Ave., FDA will post information relating to Bethesda, MD. the Federal Advisory Committee Act (5 U.S.C. app. 2). this meeting on the Internet at http:// Contact Person: Karen M. Templeton- www.cfsan.fda.gov/~lrd/vidtel.html. Somers, Center for Drug Evaluation and Dated: October 9, 2002. Procedure: Interested persons may Research (HFD–21), Food and Drug Linda Arey Skladany, present data, information, or views, Administration, 5600 Fishers Lane, Senior Associate Commissioner for External orally or in writing, on issues pending Rockville, MD 20857, 301–827–7001, e- Relations. before the committee. Written mail: [email protected], or FDA [FR Doc. 02–26330 Filed 10–15–02; 8:45 am] submissions may be made to the contact Advisory Committee Information Line, BILLING CODE 4160–01–S person by November 1, 2002. Oral 1–800–741–8138 (301–443–0572 in the presentations from the public will be Washington, DC area), code 12534. scheduled between approximately 8:30 Please call the Information Line for up- DEPARTMENT OF HEALTH AND a.m. and 9:30 a.m. on November 19, to-date information on this meeting. HUMAN SERVICES 2002. Time allotted for each Agenda: On both the days, committee presentation may be limited. Those will make recommendations for the Food and Drug Administration desiring to make formal oral development of a proposed draft presentations should notify the contact guidance concerning the development Infant Formula Subcommittee of the person before November 13, 2002, and of products for mild to moderate acne Food Advisory Committee; Notice of submit a brief statement of the general vulgaris. Issues to be considered Meeting nature of the evidence or arguments include: (1) The evidence for AGENCY: Food and Drug Administration, they wish to present, the names and effectiveness; (2) appropriate outcome HHS. addresses of proposed participants, and measures and their analyses; (3) ACTION: Notice. an indication of the approximate time possible acceptable indications such as requested to make their presentation. inflammatory, noninflammatory or just This notice announces a forthcoming mild to moderate acne vulgaris; and (4) meeting of a public advisory committee Persons attending FDA’s advisory means for conveying evidence for of the Food and Drug Administration committee meetings are advised that the effectiveness in the label to enhance its (FDA). The meeting will be open to the agency is not responsible for providing usefulness for clinicians and patients. public. access to electrical outlets. Time will be included in the agenda for Name of Committee: Infant Formula FDA welcomes the attendance of the the pharmaceutical industry to present Subcommittee of the Food Advisory public at its advisory committee their views on the development of the Committee. meetings and will make every effort to draft guidance. Please register to present General Function of the Committee: accommodate persons with physical (see Contact Person) by October 18, To provide advice and disabilities or special needs. If you 2002. recommendations to the agency on require special accommodations due to Procedure: Interested persons may scientific issues and principals related a disability, please contact Jeanne E. present data, information, or views, to FDA’s regulatory issues. Latham at least 7 days in advance of the orally or in writing, on issues pending Date and Time: The meeting will be meeting. before the committee. Written held on November 18, 2002, from 8 a.m. Notice of this meeting is given under submissions may be made to the contact to 6 p.m. and November 19, 2002, from the Federal Advisory Committee Act (5 person by October 18, 2002. Oral 8 a.m. to 5 p.m. U.S.C. app. 2).

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Dated: October 9, 2002. of relapse. P300 ERP amplitude is FOR FURTHER INFORMATION CONTACT: To Linda Arey Skladany, reduced in alcoholics and their alcohol- request more information on the Senior Associate Commissioner for External naı¨ve children. HRV is a potential proposed project or to obtain a copy of Relations. intermediate phenotype for alcoholism the data collection plans and [FR Doc. 02–26325 Filed 10–15–02; 8:45 am] and major depression. We also propose instruments, contact Mary-Anne Enoch BILLING CODE 4160–01–S to administer the Temperament and M.D., NIH/NIAAA/DICBR/LNG, 12420 Character Inventory, a standard, survey- Parklawn Drive, Park 5 Building, Room based measure of harm avoidance, 451, MSC 8110, Bethesda, MD 20892– DEPARTMENT OF HEALTH AND novelty seeking, reward dependence, 8110, or e-mail your request to: HUMAN SERVICES and persistence. The use of such [email protected]. Dr. Enoch can intermediate phenotypes and be contacted by telephone at 301–496– National Institutes of Health personality measures is likely to 2727. increase our ability to find vulnerability Comments Due Date: Comments Proposed Collection; Comment genes for alcoholism. We will use these regarding this information collection are Request; Electroencephalogram and EEG and EKG intermediate phenotypes best assured of having their full effect if Event-Related Potential Intermediate and personality dimensions in (1) received within 60-days of the date of Phenotypes for Alcoholism in a Low candidate gene analyses and (2) linkage this publication. Prevalence American Indian Tribe analyses, utilizing the existing DNA, in Dated: October 7, 2002. SUMMARY: In compliance with the order to determine the genes that Stephen Long, requirement of Section 3506(c)(2)(A) of increase an individual’s risk for Executive Officer, NIAAA. alcoholism and anxiety disorders. the Paperwork Reduction Act of 1995, [FR Doc. 02–26212 Filed 10–15–02; 8:45 am] The re-recruitment of the original regarding the opportunity for public BILLING CODE 4140–01–M comment on proposed data collection study participants will start in spring projects, the National Institute on 2003. The study is expected to run for Alcohol Abuse and Alcoholism 6 months. Frequency of response: Once DEPARTMENT OF HEALTH AND (NIAAA), the National Institutes of per respondent. Affected Public: HUMAN SERVICES Health (NIH) will publish periodic Individuals. Type of Respondents: summaries of proposed projects Adult members of the Southeastern National Institutes of Health submitted to the Office of Management American Indian tribe who were and Budget (OMB) for review and participants in the original study. Submission for OMB Review; approval. The reporting burden is as follows: Comment Request; Extended Lung Proposed Collection Title: Estimated Number of Respondents: It is Cancer Incidence Follow-Up for the Electroencephalogram (EEG) and Event- estimated, after a survey by tribal Mayo Lung Project Participants Related Potential (ERP) intermediate members, that we will be able to re- SUMMARY: Under the provisions of phenotypes for alcoholism in a low recruit approximately 280 of the 294 section 3507(a)(1)(D) of the Paperwork prevalence American Indian tribe. Type original participants. Estimated Number Reduction Act of 1995, the National ″ of Information Collection Request: New. of Responses per Respondent One Cancer Institute (NCI), the National Need and Use of Information Collection: response per respondent. Average Institutes of Health (NIH) has submitted An extensive data set has already been Burden Hours per Response: Three to the Office of Management and Budget collected by the Laboratory of hours per individual, for a total (OMB) a request for review and Neurogenetics, NIAAA, on 294 members respondent burden of 840 hours. approval of the information collection of a Southeastern American Indian tribe. Estimated Total Annual Burden Hours listed below. This proposed information We propose to re-contact these Requested: 840 hours. There are no collection was previously published in individuals to collect additional Costs to Respondents to report. There the Federal Register on August 5, 2002, information. Approximately 100 of the are no Capital Costs to report. There are page 50679–50680 and allowed 60 days original participants were originally no Operating or Maintenance costs to for public comment. No public selected as a representative sample of report. comments were received. The purpose the population. The remaining 194 Request for Comments: Written of this notice is to allow an additional individuals are family members of comments and suggestions from the 30 days for public comment. The alcoholic probands from the population public and affected agencies are invited National Institutes of Health may not sample. We propose to expand the study on the following points: (1) Whether the conduct or sponsor, and the respondent to collect (a) measures of intermediate data collection is necessary for the is not required to respond to, an phenotypes for alcoholism and (b) proper performance of the function of information collection that has been survey-based selected personality the agency, including whether the extended, revised, or implemented on or characteristics from the same tribal information will have practical utility; after October 1, 1995, unless it displays members. Intermediate phenotypes are (2) the accuracy of the agency’s estimate a currently valid OMB control number. biological traits that may be influenced of the burden of the proposed collection by variation at fewer genes and may of information, including the validity of Proposed Collection mediate different aspects of the disease. the methodology and assumptions; (3) Title: Extended Lung Cancer The intermediate phenotype ways to enhance the quality, utility, and Incidence Follow-Up for the Mayo Lung measurements that we will collect clarity of the information to be Project Participants. Type of include resting EEG phenotypes (low collected; and (4) ways to minimize the Information Collection Request: voltage alpha (LVA) and beta spectral burden of the collection of information EXTENSION, OMB No. 0925–0496, power), ERPs and heart rate variability on those who are to respond, including expiration date 10–31–2002. Need and (HRV). LVA has been found to be more the use of appropriate automated, Use of Information Collection: The abundant in alcoholics with co-morbid electronic, mechanical, or other Mayo Lung Project (MLP) was an NCI- anxiety disorders. Increased beta power technological collection techniques or funded randomized controlled trial has been associated with increased risk other forms of information technology. (RCT) of lung cancer screening

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conducted among 9,211 male smokers who are to respond, including the use 6011 Executive Boulevard, Suite 325, from 1971 to 1983. No reduction in lung of appropriate automated, electronic, Rockville, Maryland 20852–3804; cancer mortality was observed in the mechanical, or other technological telephone: 301/496–7056 ext. 268; fax: MLP with an intense regimen of x-ray collection techniques or other forms of 301/402–0220; e-mail: and sputum cyotology screening. Recent information technology. [email protected]. A signed analysis of updated mortality and case Confidential Disclosure Agreement will Direct Comments to OMB survival data (through 1996) suggests be required to receive copies of the that lesions with little-to-no clinical Written comments and/or suggestions patent applications. relevance (over-diagnosis) may have regarding the item(s) contained in this been detected through screening in the notice, especially regarding the Novel Spore Wall Proteins and Genes MLP intervention arm. Over-diagnosis estimated public burden and associated From Microsporidia leads to unnecessary medical response time, should be directed to the J. Russell Hayman, John T. Conrad, interventions, including diagnostic and Office of Management and Budget, Theodore Nash (NIAID) treatment procedures that carry with Office of Regulatory Affairs, New DHHS Reference No. E–125–01/0 them varying degrees of risk. Executive Office Building, Room 10235, Filed 04 Dec 2001 Consequently, over-diagnosis can result Washington, DC 20530, Attention: Desk Microsporidia are obligate in considerable harm, including Officer for NIH. To request more intracellular organisms that infect a premature death, that would not have information on the proposed project or wide variety of animals ranging from occurred in the absence of screening. to obtain a copy of the data collection insects and fish to mammals, including The persistence, after screening ends, of plans and instruments, contact Dr. humans. Of over 1,000 microsporidial an excess of lung cancer cases in the Pamela Marcus, Epidemiologist, species identified, at least 13 are known intervention arm is the strongest Biometry, Research Group, Division of to infect humans. The species most evidence in support of over-diagnosis, Cancer Prevention, National Cancer commonly identified in humans are but this information cannot be Institute, Suite 3131 EPN, 6130 members of the families adequately obtained with available MLP Executive Blvd, Bethesda, MD 20892– Encephalitozoonidae and data. Therefore, we propose to re- 7354; or call non-toll free 301–496– Enterocytozoonidae. In humans, contact the MLP participants and/or 7468; or e-mail [email protected]. microsporidiosis is most often found in their next-of-kin to determine the Comments Due Date: Comments HIV/AIDS patients and commonly participants who were diagnosed with regarding this information collection are results in severe diarrhea and wasting. lung cancer after the formal end of the best assured of having their full effect if However, microsporidiosis also occurs Project. These data will allow the NCI received within 30 days of the date of in immunocompetent individuals and to either more-convincingly state or this publication. common farm animals. The disease is perhaps refute the possibility of over- Dated: October 7, 2002. transmitted via environmentally diagnosis in lung cancer screening, and Reesa L. Nichols, resistant spores. may be used to guide future research This invention claims two spore wall agendas and lung cancer screening NCI Project Clearance Liaison. constituents (SWP1 and SWP2) from the policies. Frequency of response: Once. [FR Doc. 02–26213 Filed 10–15–02; 8:45 am] microsporidian Encephalitozoon Affected public: Individuals. Type of BILLING CODE 4140–01–M intestinalis and the genes from which respondents: MLP participants or their these two proteins are derived. Further next-of-kin. The annual reporting claimed are methods of diagnosing and burden is as follows: Maximum number DEPARTMENT OF HEALTH AND treating microsporidiosis in a subject. of respondents: 6,223; Estimated HUMAN SERVICES Also claimed are methods for producing number of Responses per Respondent: 1. National Institutes of Health Average Burden Hours Per Response: an immunoprotective response in a 0.25; Estimated Maximum Total Annual subject. SWP1 is expressed on the Government-Owned Inventions; surfaces of developing sporonts and Burden Hours Requested: 1,556. The Availability for Licensing annualized cost to respondents is SWP2 is expressed on the surfaces of estimated at zero. There are no Capital AGENCY: National Institutes of Health, fully formed sporonts. Therefore, they Costs to report. There are no Operating Public Health Service, DHHS. should be exposed to the host cell or Maintenance Costs to report. ACTION: Notice. environment. Based on this theory, antibody responses to SWP1 and SWP2 Request for Comments SUMMARY: The inventions listed below were addressed in an in vivo mouse Written comments and/or suggestions are owned by agencies of the U.S. model. Immunoprecipitation and from the public and affected agencies Government and are available for Western blot analyses indicated that should address one or more of the licensing in the U.S. in accordance with SWP1 and SWP2 are immunogenic in following points: (1) Evaluate whether 35 U.S.C. 207 to achieve expeditious mouse infections. the proposed collection of information commercialization of results of This invention is further described in is necessary for the proper performance federally-funded research and Hayman et al., ‘‘Developmental of the function of agency, including development. Foreign patent expression of two spore wall proteins whether the information will have applications are filed on selected during maturation of the microsporidian practical utility; (2) Evaluate the inventions to extend market coverage Encephalitozoon intestinalis,’’ Infect. accuracy of the agency’s estimate of the for companies and may also be available Immun. 2001 Nov;69(11):7057–66. burden of the proposed collection of for licensing. Method for Determining Sensitivity to a information, including the validity of ADDRESSES: Licensing information and Bacteriophage the methodology and assumptions used; copies of the U.S. patent applications (3) Enhance the quality, utility, and and issued patents listed below may be Carl R. Merril (NIMH), Sankar Adhya clarity of the information to be obtained by contacting Peter A. Soukas, (NCI), Dean M. Scholl (NIMH) collected; and (4) Minimize the burden J.D., at the Office of Technology DHHS Reference No. E–318–00/0 of the colletion of information on those Transfer, National Institutes of Health, Filed 23 Jan 2002

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Traditionally, chemical antibiotics immunity has been shown to provide an Novel Antimalarial Compounds, have been used to treat a variety of effective defense against Hepatitis A. Methods of Synthesis Thereof, bacterial infections. However, bacterial Prior to the availability of the current Pharmaceutical Compositions resistance to current antibiotics is an inactivated virus vaccines, pooled Comprising Same, and Methods of increasingly serious problem in human human immune globulin preparations Using Same for Treatment and and veterinary health as well as were routinely used to protect Prevention of Malaria agriculture. Many experts believe that individuals traveling to areas of the Michael R. Boyd (NCI), Gerhard strains of disease-causing bacteria world where HAV is endemic. Bringmann (EM), Sven Harmsen (EM) resistant to all common antibiotics will Chimpanzees are susceptible to Roland Gotz (EM), T. Ross Kelly (EM), arise in the next ten to twenty years. infection with HAV and can produce Matthias Wenzel (EM), Guido Bacteriophages offer a promising antibodies that neutralize the virus. Francois (EM), J. D. Phillipson (EM), therapeutic alternative to antibiotics for Laurent A. Assi (EM), Christopher these antibiotic resistant bacteria. There Chimpanzee immunoglobulins are Schneider (EM) are also situations in which virtually identical to those of humans; DHHS Reference No. E–090–94/0, bacteriophage may be more suitable thus, they have the same potential as Issued as U.S. Patent 5,639,761 on 17 than antibiotics to treat infections human antibodies for clinical Jun 1997 caused by against antibiotic-sensitive applications. The inventors have shown DHHS Reference No. E–090–94/1, bacteria. Bacteriophages are highly host- that the four chimpanzee monoclonal Filed 16 Apr 1997 specific, thus determining whether a antibodies described in the patent DHHS Reference No. E–200–94/0, phage would be therapeutically useful application neutralized HAV strains Issued as U.S. Patent 5,552,550 on 03 against a particular bacterium or strain HM–175, AGM–27, and the HM–175 Sep 1996 of bacteria is very important but can be VP3–070 mutant. Since only a single DHHS Reference No. E–200–94/1, a time-consuming and labor-intensive serotype of HAV has been identified, Issued as U.S. Patent 5,763,613 on 09 process. these antibodies are predicted to The current invention claims a Jun 1998 neutralize most, if not all, isolates of DHHS Reference No. E–200–94/2, method for selecting a therapeutic HAV. bacteriophage that would be effective Issued as U.S. Patent 6,140,339 on 31 against a particular disease-causing Efficient Inhibition of HIV–1 Viral Oct 2000 bacteria, comprising a number of Entry Through a Novel Fusion Protein DHHS Reference No. E–200–94/4, Filed bacteriophages containing reporter Including CD4 16 Mar 2000 nucleic acids capable of being expressed DHHS Reference No. E–201–94/0, when the bacteriophage infects a James Arthos, Claudia Cicala, Anthony Issued as U.S. Patent 5,571,919 on 05 bacterial cell. These bacteriophages are Fauci (NIAID) Nov 1996 separately contacted with a sample DHHS Reference No. E–337–01/0 DHHS Reference No. E–201–94/2, Issued as U.S. Patent 5,578,729 on 26 contaminated by a bacterium. Filed 25 Oct 2001 Expression of the reporter is then Nov 1996 detected, indicating which This invention relates to CD4 fusion DHHS Reference No. E–201–94/3, bacteriophage has infected a bacterial proteins for use in the treatment of an Issued as U.S. Patent 5,789,594 on 04 cell and is thus a potential therapeutic immunodeficiency virus infection such Aug 1998 phage against the particular bacteria. as human immunodeficiency virus DHHS Reference No. E–201–94/4, Also claimed in the application are kits (HIV). These polypeptides have been Issued as U.S. Patent 5,786,482 on 28 allowing for the rapid identification of shown by the inventors to inhibit the Jul 1998 potentially therapeutic bacteriophages. entry of primary isolates of HIV–1 into According to data recently reported CD4+ T cells by targeting the gp120 by the World Health Organization Four Chimpanzee Monoclonal subunit of the HIV–1 envelope. The (WHO), the death rate from malaria Antibodies That Neutralize Hepatitis A exceeds one million individuals per Virus invention claims recombinant polypeptides comprising a CD4 year. The Public Health Service seeks Darren Schofield, Suzanne Emerson, polypeptide ligated at its C-terminus exclusive or non-exclusive licensee(s) to Robert Purcell (NIAID) with a portion of a human develop and commercialize the DHHS Reference No. E–356–01/0 technology claimed within the portfolio immunoglobulin comprising a hinge Filed 07 Nov 2001 of U.S. patents issued and pending, and region and two constant domains of an This invention claims antibodies and/ corresponding international patents immunoglobulin heavy chain. The or fragments thereof specific for issued and pending. These patents and portion of the IgG is fused at its C- hepatitis A virus (HAV) and the use of pending applications claim an the antibodies in the diagnosis, terminus with a polypeptide comprising exceptionally broad universe of novel prevention, and treatment of hepatitis a tailpiece from the C terminus of the naphthylisoquinoline alkaloid A. Hepatitis A is the most common type heavy chain of an IgA antibody. This compounds, and methods of total of hepatitis reported in the United protein is very large (greater than 800 synthesis thereof. Representative States, which reports an estimated kilodaltons), which may contribute to examples of these compounds have 134,000 cases annually, and infects at its ability to inhibit entry of primary been shown to have potent in vitro least 1.4 million people worldwide each isolates of HIV–1 into T cells. It presents activity against malaria parasites, year. HAV is a positive sense RNA virus twelve gp120 binding domains (D1D2) including parasites that are highly that is transmitted via the fecal-oral and can bind at least ten gp120s resistant to available antimalarial drugs. route, mainly through contaminated simultaneously. The inventors have Representative examples have also been water supplies and food sources. HAV shown that the construct efficiently shown to have potent in vivo activity is thought to replicate in the oropharynx neutralizes primary isolates from against malaria parasites in animal and epithelial lining of the intestines, different HIV subgroups. Also claimed models. Pharmaceutical compositions where it initiates a transient viremia and are use of the construct as a component comprising these compounds, as well as subsequently infects the liver. Humoral of a vaccine and as a diagnostic. methods of using the compounds to

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treat or prevent a malarial infection of lysogenic, stable bacteriophage with the immunoprotective response against S. a host, are claimed. The relative ability to kill bacteria rapidly, making it sonnei. Specifically, an attenuated structural simplicity of this class of a good candidate for phage therapy. The bacteria capable of expressing an S. compounds, and the ready synthetic designation FK1–5 denotes the phage’s sonnei antigen comprised of the S. access thereto, provide unprecedented ability to infect E. coli strains that sonnei form I O-polysaccharide opportunities for structure-activity contain the K1 polysaccharide in their expressed from the S. sonnei rfb/rfc relationship (SAR), lead-optimization outer capsule as well as E. coli strains gene cluster is claimed. The inventors and antimalarial drug development. The that contain the K5 polysaccharide in have shown that the claimed vaccine technology is further described in the their outer capsule. Sequence analysis compositions showed 100 percent following publications: J. Nat Prod. of the tail proteins of phage FK1–5 by protection against parenteral challenge 1997 Jul.;60(7):677–83 and Bioorg. Med. the inventors has shown that they are with virulent S. sonnei in mice. Chem. Lett. 1998 Jul.;8(13): 1729–34. arranged in a cassette structure, suggesting that the host range of phages Vaccine Against Eschericha coli 0157 A Novel Chimeric Protein for can be broadened to other K antigens, Infection, Composed of Detoxified LPS Prevention and Treatment of HIV and even possibly other species of Conjugated to Proteins Infection bacteria by recombinant techniques. Shousun C. Szu, Edward Konadu, and Edward A. Berger (NIAID), Christie M. FK1–5 has a particular advantage John B. Robbins (NICHD) Del Castillo because it recognizes and attaches to the DHHS Reference No. E–158–98/0 Filed DHHS Reference No. E–039–99/0 Filed structures that confer virulence to 20 July 1998 (PCT/US98/14976) 16 Mar 1999; PCT/US00/06946 Filed bacteria. The inventors’ demonstration DHHS Reference No. E–158–98/1 16 Mar 2000 that a phage can contain multiple tail Filed 22 Jan 2001 DHHS Reference No. E–039–99/2 Filed proteins that expand its host range is This invention is a conjugate vaccine 13 Sep 2001 useful for generating phage with broad- to prevent infection, in particular in This invention relates to bispecific spectrum antibacterial properties for the young children under 5 years of age, by fusion proteins effective in viral treatment of infectious diseases. The E. coli 0157:H7, an emerging human neutralization. Specifically, the inventors have completed in vitro pathogen which causes a spectrum of invention is a genetically engineered studies on this phage. Furthermore, illnesses with high morbidity and chimeric protein containing a soluble because of the possibility of engineering mortality, ranging from diarrhea to extracellular region of human CD4 the expression of recombinant tail hemorrhagic colitis and hemolytic- attached via a flexible polypeptide proteins, gene transfer to organisms that uremic syndrome (HUS). Infection is linker to a single chain human are not normally infected by phages is due to the consumption of water or meat monoclonal antibody directed against a also contemplated by the invention. contaminated by feces from infected CD4-induced, highly conserved HIV Vaccine for Protection Against animals, such as cattle. The conjugate is gp120 determinant involved in Shigella sonnei Disease composed of the O-specific coreceptor interaction. Binding of the Dennis J. Kopecko, De-Qi Xu, John O. polysaccharide isolated from E. coli sCD4 moiety to gp120 induces a Cisar (FDA) 0157, or other Shiga-toxin producing conformational change that enables the DHHS Reference No. E–210–01/0 bacteria, conjugated to carrier proteins, antibody moiety to bind, thereby Filed 16 Jan 2002 such as non-toxic P. aeruginosa blocking Env function and virus entry. Shigellosis is a global human health exotoxin A or Shiga toxin 1. A Phase I This novel bispecific protein displays problem. Transmission usually occurs clinical trial, involving adult humans, neutralizing activity against genetically by contaminated food and water or showed the vaccine is safe and highly diverse primary HIV–1 isolates, with through person-to-person contact. The immunogenic. Adults, after one µ potency at least 10-fold greater than the bacterium is highly infectious by the injection containing 25 g of antigen, best described HIV–1 neutralizing oral route, and ingestion of as few as 10 responded with high titers of monoclonal antibodies. The agent has organisms can cause an infection in bactericidal antibodies. Thus the considerable potential for prevention of volunteers. An estimated 200 million conjugates of the invention are HIV–1 infection, both as a topical people worldwide suffer from promising vaccines, especially for microbicide and as a systemic agent to shigellosis, with more than 650,000 children and the elderly, who are most protect during and after acute exposure associated deaths annually. A recent likely to suffer serious consequences (e.g. vertical transmission, post- CDC estimate indicates the occurrence from infection. The clinical study is exposure prophylaxis). It also has of over 440,000 annual shigellosis cases described in J. Infectious Diseases 177, potential utility for treatment of chronic in the United States alone, 383–387, 1998. infection. Such proteins, nucleic acid approximately eighty percent (80%) of Murine Monoclonal Antibodies molecules encoding them, and their which are caused by Shigella sonnei. Effective To Treat Respiratory production and use in preventing or Shigella sonnei is more active in Syncytial Virus treating viral infections are claimed. developed countries. Shigella infections are typically treated with a course of Robert Chanock, Brian Murphy, Judy Bacteriophage Having Multiple Host Beeler, and Kathleen van Wyke Range antibiotics. However, due to the emergence of multidrug resistant Coelingh (NIAID) Carl Merril (NIMH), Sankar Adhya Shigella strains, a safe and effective DHHS Reference No. B–056–94/1 (NCI), Dean Scholl (NIMH) vaccine is highly desirable. No vaccines Available for licensing through a DHHS Reference No. E–257–00/0 Filed against Shigella infection currently Biological Materials License Agreement 25 Jul 2000; PCT/US01/22390 exist. Immunity to Shigellae is mediated are the murine MAbs described in Filed 25 Jul 2001 largely by immune responses directed Beeler, J.A. et al, ‘‘Neutralization Recently, there has been a renewed against the serotype specific O- Epitopes of the F Glycoprotein of interest in the use of phages to treat polysaccharide. Claimed in the Respiratory Syncytial Virus: Effect of bacterial infections. The inventors have invention are compositions and Mutation Upon Fusion Function,’’ J. discovered FK1–5, a highly lytic, non- methods for inducing an Virology 63:2941–2950 (1989). The

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MAbs that are available for licensing are the development of vaccines and Dated: September 30, 2002. the following: 1129, 1153, 1142, 1200, diagnostic assays for HCV and the Jack Spiegel, 1214, 1237, 1121, 1112, 1269, and 1243. development of screening assays for the Director, Division of Technology Development One of these MAbs, 1129, is the basis for identification of antiviral agents for and Transfer, Office of Technology Transfer, a humanized murine MAb (see U.S. HCV. Additional information can be National Institutes of Health. Patent Number 5,824,307 to humanized found in Bukh et al. (1999), Virology [FR Doc. 02–26211 Filed 10–15–02; 8:45 am] 1129 owned by MedImmune, Inc.), 262, 470–478. BILLING CODE 4140–01–P recently approved for marketing in the United States. MAbs in the panel HCV/BVDV Chimeric Genomes and reported by Beeler, et al. have been Uses Thereof DEPARTMENT OF HEALTH AND HUMAN RESOURCES shown to be effective therapeutically Jae-Hwan Nam, Jens Bukh, Robert H. when administered into the lungs of Purcell, Suzanne U. Emerson (NIAID) cotton rats by small-particle aerosol. National Institutes of Health Among these MAbs several exhibited a DHHS Reference No. E–102–99/0 9¥1 National Cancer Institute; Notice of high affinity (approximately 10 ) for Filed 04 June 1999 Closed Meeting the RSV F glycoprotein and are directed PCT/US00/15527 Filed 02 Jun 2000 at epitopes encompassing amino acid Pursuant to section 10(d) of the 262, 272, 275, 276 or 389. These DHHS Reference No. E–102–99/2 Federal Advisory Committee Act, as epitopes are separate, nonoverlapping Filed 04 Dec 2001 amended (5 U.S.C. Appendix 2), notice and distinct from the epitope recognized The current invention provides is hereby given of a meeting of the by the human Fab of U.S. Patent nucleic acid sequences comprising Board of Scientific Counselors, National 5,762,905 owned by The Scripps chimeric viral genome of hepatitis C Cancer Institute. The meeting will be closed to the Research Institute. Virus (HCV) and bovine viral diarrhea public as indicated below in accordance viruses (BVDV). The chimeric viruses Cloned Genomes of Infectious Hepatitis with the provisions set forth in section C Virus and Uses Thereof are produced by replacing the structural 552b(c)(6), Title 5 U.S.C., as amended Masayuki Yanagi, Jens Bukh, Suzanne region or a structural gene of an for the review, discussion, and U. Emerson, Robert H. Purcell (NIAID) infectious BVDV clone with the evaluation of individual intramural DHHS Reference No. E–050–98/0, corresponding region or gene of an programs and projects conducted by the Issued as U.S. Patent 6,153,421 on 28 infectious HCV. It covers the use of National Cancer Institute, including Nov 2000 these sequences and polypeptides consideration of personnel DHHS Reference No. E–050–98/2 Filed encoded by all or part of the sequences qualifications and performance, and the 14 Sep 2000; Canadian Application in the development of vaccines and competence of individual investigators, 2295552; Australian Application diagnostic assays for HCV and the the disclosure of which would 84889/98; European Application development of screening assays for the constitute a clearly unwarranted 98935702.5 identification of antiviral agents for invasion of personal privacy. HCV. The current invention provides Name of Committee: Board of Scientific nucleic acid sequences comprising the Cloned Genome of Infectious Hepatitis Counselors, National Cancer Institute, genomes of infectious hepatitis C C Virus of Genotype 2a and Uses Subcommittee 1—Clinical Sciences and viruses (HCV) of genotype 1a and 1b. It Thereof Epidemiology. covers the use of these sequences, and Date: November 18, 2002. polypeptides encoded by all or part of Jens Bukh, Masayuki Yanagi, Robert H. Time: 8 a.m. to 9 p.m. Purcell, Suzanne U. Emerson (NIAID) Agenda: To review and evaluate personal the sequences, in the development of qualifications and performance, and vaccines and diagnostic assays for HCV DHHS Reference No. E–100–99/0 Filed competence of individual investigators. and the development of screening 04 Jun 1999 Place: National Cancer Institute, Building assays for the identification of antiviral 31, C Wing, 6th Floor, Conference Rooms 6, agents for HCV. Additional information PCT/US00/15466 9000 Rockville Pike, Bethesda, MD 20892. can be found in Yanagi et al., (1997) Filed 02 Jun 2000 Contact Person: Abby B. Sandler, PhD, Proc. Natl. Acad. Sci., USA 94, 8738– DHHS Reference No. E–100–99/2 Scientific Review Administrator, Institute 8743 and Yanagi et al., (1998) Virology Review Office, Office of the Director, 244, 151–172. Filed 03 Dec 2001 National Cancer Institute, National Institutes The current invention provides a of Health, 6116 Executive Boulevard, Room 2114, Rockville, MD 20852, (301) 496–7628. Infectious cDNA Clone of GB Virus B nucleic acid sequence comprising the and Uses Thereof Any interested person may file written genome of infectious hepatitis C viruses comments with the committee by forwarding Jens Bukh, Masayuki Yanagi, Robert H. (HCV) of genotype 2a. The encoded the statement to the Contact Person listed on Purcell, Suzanne U. Emerson (NIAID) polyprotein differs from those of the this notice. The statement should include the DHHS Reference No. E–173–99/0 infectious clones of genotypes 1a and 1b name, address, telephone number and when Filed 04 Jun 1999; PCT/US00/15293 (U.S. Patent 6,153,421) by applicable, the business or professional Filed 02 Jun 2000 approximately 30 percent. It covers the affiliation of the interested person. DHHS Reference No. E–173–99/2 Filed use of this sequence and polypeptides In the interest of security, NIH has 03 Dec 2001 instituted stringent procedures for entrance encoded by all or part of the sequence, into the building by non-government The current invention provides in the development of vaccines and employees. Persons without a government nucleic acid sequences comprising the diagnostic assays for HCV and the I.D. will need to show a photo I.D. and sign- genomes of infectious GB virus B, the development of screening assays for the in at the security desk upon entering the most closely related member of the identification of antiviral agents for building. Flaviviridae to hepatitis C virus (HCV). HCV. Additional information can be (Catalog of Federal Domestic Assistant It also covers chimeric GBVB–HCV found in Yanagi et al. (1999), Virology Program Nos. 93.392, Cancer Construction; sequences and polypeptides for use in 262, 250–263. 93.393, Cancer Cause and Prevention

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Research; 93.394, Cancer Detection and in at the security desk upon entering the DEPARTMENT OF HEALTH AND Diagnosis Research; 93.395, Cancer building. HUMAN SERVICES Treatment Research; 93.396, Cancer Biology (Catalogue of Federal Domestic Assistance Research; 93.397, Cancer Centers Support; Program Nos. 93.392, Cancer Construction; National Institutes of Health 93.398, Cancer Research Manpower; 93.399, 93.393, Cancer Cause and Prevention Cancer Control, National Institutes of Health, Research; 93.394, Cancer Detection and National Eye Institute; Notice of Closed HHS) Diagnosis Research; 93.395, Cancer Meeting Dated: October 9, 2002. Treatment Research; 93.396, Cancer Biology LaVerne Y. Stringfield, Research; 93.397, Cancer Centers Support; Pursuant to section 10(d) of the Federal Advisory Committee Act, as Director, Office of Federal Advisory 93.398, Cancer Research Manpower; 93.399, Committee Policy. Cancer Control, National Institutes of Health, amended (5 U.S.C. Appendix 2), notice HHS) is hereby given of the following [FR Doc. 02–26297 Filed 10–15–02; 8:45 am] Dated: October 9, 2002. meeting. BILLING CODE 4140–01–M LaVerne Y. Stringfield, The meeting will be closed to the public in accordance with the provision Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. HUMAN SERVICES [FR Doc. 02–26298 Filed 10–15–02; 8:45 am] The grant applications and the BILLING CODE 4140–01–M National Institutes of Health discussions could disclose confidential trade secrets or commercial property National Cancer Institute; Notice of DEPARTMENT OF HEALTH AND such as patentable material, and Closed Meeting HUMAN SERVICES personal information concerning individuals associated with the grant Pursuant to section 10(d) of the National Institutes of Health applications, the disclosure of which Federal Advisory Committee Act, as would constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice National Eye Institute; Notice of Closed invasion of personal privacy. is hereby given of a meeting of the Meeting Board of Scientific Counselors, National Name of Committee: National Eye Institute Special Emphasis Panel, Clinical AIDS Trial. Cancer Institute. Pursuant to section 10(d) of the Date: November 21, 2002. The meeting will be closed to the Federal Advisory Committee Act, as Time: 6 p.m. to 9 p.m. public as indicated below in accordance amended (5 U.S.C. Appendix 2), notice Agenda: To review and evaluate grant with the provisions set forth in section is hereby given of the following applications. 552b(c)(6), Title 5 U.S.C., as amended meeting. Place: Embassy Suites, 4300 Military Road, for the review, discussion, and The meeting will be closed to the NW., Chevy Chase, MD 20015. evaluation of individual intramural public in accordance with the Contact Person: Jeanette M. Hosseini, PhD, programs and projects conducted by the Scientific Review Administrator, Division of provisions set forth in sections Extramural Research, National Eye Institute, National Cancer Institute, including 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892, (301) 451–2020. consideration of personnel as amended. The grant applications and qualifications and performance, and the (Catalogue of Federal Domestic Assistance the discussions could disclose Program Nos. 93.867, Vision Research, competence of individual investigators, confidential trade secrets or commercial National Institutes of Health, HHS) the disclosure of which would property such as patentable material, Dated: October 4, 2002. constitute a clearly unwarranted and personal information concerning LaVerne Y. Stringfield, invasion of personal privacy. individuals associated with the grant Director, Office of Federal Advisory Name of Committee: Board of Scientific applications, the disclosure of which Committee Policy. Counselors, National Cancer Institute, would constitute a clearly unwarranted [FR Doc. 02–26300 Filed 10–15–02; 8:45 am] Subcommittee 2—Basic Sciences. invasion of personal privacy. BILLING CODE 4140–01–M Date: November 18–19, 2002. Name of Committee: National Eye Institute Time: 7 p.m. to 4:30 p.m. Special Emphasis Panel, NEI Core (P30), Agenda: To review and evaluate personal Infrastructure (R24) and Basic Science (K08, qualifications and performance, and DEPARTMENT OF HEALTH AND K23) Award Applications. HUMAN SERVICES competence of individual investigators. Date: November 19, 2002. Place: Holiday Inn—Chevy Chase, Time: 8 a.m. to 5 p.m. National Institutes of Health Palladian East and Center Rooms, 5520 Agenda: To review and evaluate grant Wisconsin Avenue, Chevy Chase, MD 20815. applications. Contact Person: Florence E. Farber, PhD, National Institute of Child Health and Place: Embassy Suites, 4300 Military Road, Human Development; Notice of Closed Executive Secretary, Institute Review Office, NW., Chevy Chase, MD 20015. Office of the Director, National Cancer Contact Person: Anne E. Schaffner, PhD, Meeting Institute, National Institutes of Health, 6116 Scientific Review Administrator, Division of Executive Boulevard, Room 2115, Rockville, Pursuant to section 10(d) of the Extramural Research, National Eye Institute, Federal Advisory Committee Act, as MD 20852, (301) 496–7628. 6120 Executive Blvd., Suite 350, Bethesda, Any interested person may file written MD 20892, 301–451–2020. amended (5 U.S.C. Appendix 2), notice comments with the committee by forwarding is hereby given of the following the statement to the Contact Person listed on (Catalog of Federal Domestic Assistance meeting. this notice. The statement should include the Program Nos. 93.867, Vision Research, The meeting will be closed to the name, address, telephone number and when National Institutes of Health, HHS) public in accordance with the applicable, the business or professional Dated: October 9, 2002. provisions set forth in sections affiliation of the interested person. LaVerne Y. Stringfield, In the interest of security, NIH has 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., instituted stringent procedures for entrance Director, Office of Federal Advisory as amended. The grant applications and into the building by non-government Committee Policy. the discussions could disclose employees. Persons without a government [FR Doc. 02–26296 Filed 10–15–02; 8:45 am] confidential trade secrets or commercial I.D. will need to show a photo I.D. and sign- BILLING CODE 4140–01–M property such as patentable material,

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and personal information concerning Place: The Churchill Hotel, 1914 DEPARTMENT OF THE INTERIOR individuals associated with the grant Connecticut Avenue NW, Washington, DC applications, the disclosure of which 20009. Office of the Secretary would constitute a clearly unwarranted Contact Person: Nancy Lamontagne, PhD, Scientific Review Administrator, Center for Bureau of Indian Affairs invasion of personal privacy. Scientific Review, National Institutes of Name of Committee: National Institute of Health, 6701 Rockledge Drive, Room 4170, Child Health and Human Development Initial MSC 7806, Bethesda, MD 20892, (301) 435– Office of the Special Trustee for Review Group, Population Research 1726, [email protected]. American Indians Subcommittee, Demographic and Behavioral This notice is being published less than 15 Sciences (DBS) Review Committee. days prior to the meeting due to the timing Tribal Consultation on Indian Trust Date: October 31–November 1, 2002. limitations imposed by the review and Asset Management Time: 8 a.m. to 5 p.m. funding cycle. AGENCY: Agenda: To review and evaluate grant Office of the Secretary, Bureau Name of Committee: Cardiovascular of Indian Affairs, Office of the Special applications. Sciences Integrated Review Group, Pathology Place: The Hyatt Regency Hotel, 100 A Study Section. Trustee for American Indians, Interior. Bethesda Metro Center, Bethesda, MD 20814. Date: October 22–23, 2002. ACTION: Notice of Tribal Consultation Contact Person: Jon M. Ranhand, PhD., Time: 8:30 a.m. to 3 p.m. Meeting. Scientist Review Administrator, Division of Agenda: To review and evaluate grant Scientific Review, National Institute of Child applications. SUMMARY: The Office of the Secretary, Health and Human Development, 6100 Place: Holiday Inn—Chevy Chase, 5520 along with the Bureau of Indian Affairs Executive Blvd., Rm. 5E01, MSC 7510, Wisconsin Avenue, Chevy Chase, MD 20815. and the Office of the Special Trustee for Bethesda, MD 20892, (301) 435–6884. Contact Person: Larry Pinkus, PhD, American Indians, will conduct a (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Center for meeting on Indian trust asset Program Nos. 93.209, Contraception and Scientific Review, National Institutes of management. The purpose of the Infertility Loan Repayment Program; 93.864, Health, 6701 Rockledge Drive, Room 4132, meeting is to discuss any proposed Population Research; 93865, Research for MSC 7802, Bethesda, MD 20892, (301) 435– 1214. reorganization of the Department’s trust Mothers and Children; 93.929, Center for responsibility functions to improve the Medical Rehabilitation Research, National This notice is being published less than 15 Institutes of Health, HHS) days prior to the meeting due to the timing management of Indian trust assets. Any limitations imposed by the review and tribe, band, nation or individual is Dated: October 4, 2002. funding cycle. encouraged to attend the meeting and to LaVerne Y. Stringfield, Name of Committee: Center for Scientific submit written comments. Director, Office of Federal Advisory Review Special Emphasis Panel, ZRG1 SSS– DATES: The meeting will be held on Committee Policy. C (03) BBBP–5 Member reviews in Mental October 23, 2002, in Billings, Montana. [FR Doc. 02–26299 Filed 10–16–02; 8:45 am] Disorders. ADDRESSES: The address for the BILLING CODE 4140–01–M Date: November 1, 2002. Time: 2 p.m. to 3:30 p.m. consultation meeting, which will begin Agenda: To review and evaluate grant promptly at 9 a.m. and continue until 3:30 p.m., is Billings Hotel and DEPARTMENT OF HEALTH AND applications. Convention Center, 1223 Mullowney HUMAN SERVICES Place: NIH, Rockledge 2, Bethesda, MD 20892, (Telephone Conference Call). Lane, Billings, Montana. Telephone Natural Institutes of Health Contact Person: Mary Sue Krause, MED, number is 406/248–7151. Scientific Review Administrator, Center for FOR FURTHER INFORMATION CONTACT: Center for Scientific Review; Notice of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3182, Aurene Martin, Deputy Assistant Closed Meetings MSC 7848, Bethesda, MD 20892, (301) 435– Secretary-Indian Affairs, 1849 C Street, NW., MS 4140 MIB, Washington, DC Pursuant to section 10(d) of the 0902, [email protected]. 20240, telephone 202/208–7163. Federal Advisory Committee Act, as Name of Committee: Center for Scientific amended (5 U.S.C. Appendix 2), notice Review Special Emphasis Panel, ZRG1–SSS– SUPPLEMENTARY INFORMATION: The X (40) Site Visit at Irvine. is hereby given of the following purpose of the meeting is to involve Date: November 3–5, 2002. affected and interested parties in the meetings. Time: 7 p.m. to 4 p.m. The meetings will be closed to the process of organizing the Department’s Agenda: To review and evaluate grant trust asset management responsibility public in accordance with the applications. provisions set forth in sections Place: Crown Plaza, 17941 Von Karman functions. The Department has 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Avenue, Irvine, CA 92614–6253. determined that there is a need for as amended. The grant applications and Contact Person: Lee Rosen, PhD, Scientific dramatic change in the management of the discussions could disclose Review Administrator, Center for Scientific Indian trust assets. Accordingly, the confidential trade secrets or commercial Review, National Institutes of Health, 6701 Department has already held seven (7) Rockledge Drive, Room 5116, MSC 7854, tribal consultation meetings on this property such as patentable materials, Bethesda, MD 20892, (301) 435–1171. and personal information concerning matter across the country. However, individuals associated with the grant (Catalogue of Federal Domestic Assistance based upon the comments received from applications, the disclosure of which Program Nos. 93.306, Comparative Medicine, those meetings and further inquiries 93.306; 93.333, Clinical Research, 93.333, from tribal entities, this additional would constitute a clearly unwarranted 93.337–93.396, 93.837–93.844, 93.846– invasion of personal privacy. meeting was felt to be in the best 93.878, 93.893, National Institutes of Health, interest of consultation. Name of Committee: Biophysical and HHS) Written comments may be submitted Chemical Sciences Integrated Review Group, Dated: October 9, 2002. at the Billings, Montana, meeting or may Molecular and Cellular Biophysics Study LaVerne Y. Stringfield, Section. be mailed to the address indicated Director, Office of Federal Advisory Date: October 17–18, 2002. under the heading FOR FURTHER Committee Policy. Time: 8 a.m. to 5 p.m. INFORMATION CONTACT. Interested Agenda: To review and evaluate grant [FR Doc. 02–26295 Filed 10–15–02; 8:45 am] persons may examine written comments applications. BILLING CODE 4140–01–M during regular business house (7:45 a.m.

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to 4:15 p.m. ET) in the Office of the FOR FURTHER INFORMATION CONTACT: record, and the requirements of Assistant Secretary—Indian Affairs, Chris Sitbon, (907) 271–3226. applicable law. All valid applications Washington, DC, Monday through received at or prior to 10 a.m. on Chris Sitbon, Friday, except for Federal holidays. November 15, 2002, shall be considered Commenters who wish to remain Land Law Examiner, Branch of ANCSA as simultaneously filed at that time. Adjudication. anonymous must clearly state this Those received thereafter shall be preference at the beginning of their [FR Doc. 02–26251 Filed 10–15–02; 8:45 am] considered in the order of filing. BILLING CODE 4310–JA–P written comments. The Department will Michigan Meridian honor requests for anonymity to the extent allowable by law. T. 19 N., R. 18 W., DEPARTMENT OF THE INTERIOR Sec. 7, S1⁄2 lot 1 and lot 2. These meetings support The area described contains 57.5 acres in administrative policy on tribal Bureau of Land Management Mason County as shown by the May 28, 1839 consultation by encouraging maximum survey plat. direct participation of representatives of [ES–960–1430–ET; MIES–12614, MIES– 50201] Dated: October 1, 2002. tribal governments, tribal organizations Rebecca W. Watson, and other interested persons in Public Land Order No. 7544; Assistant Secretary—Land and Minerals important Department processes. Revocation of Executive Order Dated Management. Dated: October 10, 2002. October 16, 1866; Michigan [FR Doc. 02–26249 Filed 10–15–02; 8:45 am] Neal A. McCaleb, AGENCY: Bureau of Land Management, BILLING CODE 4310–GJ–P Assistant Secretary—Indian Affairs. Interior. [FR Doc. 02–26372 Filed 10–15–02; 8:45 am] ACTION: Public Land Order. BILLING CODE 4310–02–M DEPARTMENT OF THE INTERIOR SUMMARY: This order revokes in its Bureau of Land Management entirety, an Executive Order which DEPARTMENT OF THE INTERIOR reserved 857.62 acres of public lands for [ES–032–1430–EU; WIES–051103] use by the United States Coast Guard for Bureau of Land Management the Gull Rock and Big Sable Realty Action: Direct Sale of Public Lighthouses. The reservation is no Lands, Wisconsin [AK–962–1410–HY–P; AA–9262; Parcels A longer needed. This action will open AGENCY: Bureau of Land Management, and B, CAA–11] 57.5 acres to surface entry. The Interior. remaining lands have either been Alaska Native Claims Selection ACTION: Notice of Realty Action; direct conveyed out of Federal ownership or sale of public lands in Milwaukee AGENCY: Bureau of Land Management, have been declared as excess property County, Wisconsin. DOI. and reported to the General Services Administration. SUMMARY: The Bureau of Land ACTION: Notice of decision approving EFFECTIVE DATE: November 15, 2002. Management has determined that the lands for conveyance. below listed public lands located in FOR FURTHER INFORMATION CONTACT: Ed Milwaukee County, Wisconsin are SUMMARY: As required by 43 CFR Ruda, BLM Eastern States Office, 7450 2650.7(d), notice is hereby given that an Boston Boulevard, Springfield, Virginia suitable for sale utilizing direct appealable decision approving lands for 22153, (703) 440–1663. noncompetitive procedures, at not less than the fair market value. In conveyance pursuant to the Alaska SUPPLEMENTARY INFORMATION: The lands accordance with section 7 of the Act of Native Claims Settlement Act will be occupied by Gull Rock Lighthouse issued to Calista Corporation for June 28, 1934, as amended, 43 U.S.C. reservation have been determined to be 315f and EO 6964, the described lands approximately 16 acres of land located unsuitable for return to public domain on Nunivak Island. Notice of this are hereby classified as suitable for status and have been reported as excess disposal under the authority of section decision will be published four property to the General Services consecutive weeks in the Anchorage 203 of the Act of October 21, 1976; 43 Administration. All other lands, except U.S.C. 1713. Daily News. those described in Paragraph 2 below, DATES: The time limits for filing an have been conveyed out of Federal Fourth Principle Meridian appeal are: ownership. T. 28 N., R. 39 W., Tract 37 and Tract 38 1. Any party claiming a property Order interest which is adversely affected by The above lands aggregate 3.97 acres. the decision, shall have until November By virtue of the authority vested in FOR FURTHER INFORMATION CONTACT: Paul 15, 2002 to file an appeal. the Secretary of the Interior by section 204 of the Federal Land Policy and J. Salvatore, Realty Specialist, Bureau of 2. Parties receiving service by Management Act of 1976, 43 U.S.C. Land Management, Milwaukee Field certified mail shall have until 30 days 1714 (1994), it is ordered as follows: Office, 310 West Wisconsin Avenue, from the receipt to file an appeal. 1. The Executive Order dated October Suite 450, Milwaukee, Wisconsin Parties who do not file an appeal in 16, 1866, which reserved 857.62 acres of 53203, (414) 297–4413. accordance with the requirements of 43 public lands for lighthouse purposes, is SUPPLEMENTARY INFORMATION: The CFR part 4, subpart E, shall be deemed hereby revoked in its entirety. Bureau of Land Management proposes to have waived their rights. 2. At 10 a.m. on November 15, 2002, to sell the surface estate of the above ADDRESSES: Copies of the decision may the following described land will be described lands to the National be obtained from: Bureau of Land opened to the operation of the public Audubon Society—Schlitz Audubon Management, Alaska State Office, 222 land laws generally, subject to valid Center, by direct sale, at fair market West Seventh Avenue, # 13, Anchorage, existing rights, the provisions of existing value. The disposal of this land will Alaska 99513–7599. withdrawals, other segregations of resolve an inadvertent unauthorized use

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on public land. It has been determined on the revised draft 2002 Criteria. Public Reclamation Reform Act of 1982.’’ Also, that the subject lands contain no comment on the revised Criteria is according to Section 3405(e)(1), these mineral values; therefore, mineral invited at this time. The draft revision criteria must be developed ‘‘* * * with interests may be conveyed is available for review and comment. A the purpose of promoting the highest simultaneously. copy of the draft revision can be found level of water use efficiency reasonably The proposed sale is consistent with at the following website: http:// achievable by project contractors using the Wisconsin Resource Management www.mp.usbr.gov/watershare/ best available cost-effective technology Plan Amendment and would serve documents/files/cvpia/ and best management practices.’’ The important public objectives which could draft2002cvpiacriteria.pdf. Criteria have the following applicability not be achieved by other means. The A copy of the draft revision can be statements: lands contain no other known public obtained by contacting persons at the Who Must Use These Criteria. These values. The planning document and address below. After the review period, Criteria apply to water management environmental assessment covering the if no significant changes are made based plans submitted to Reclamation as proposed sale are available for review at on comments from the public, the required by applicable Central Valley the Bureau of Land Management, Criteria will be final. After the Criteria Project water delivery contract or any Milwaukee Field Office, Milwaukee, is final, it will be used to evaluate water contract that specifically invokes these Wisconsin. conservation plans. criteria. Upon publication of this notice in the DATES: All public comments must be Exceptions. The following are Federal Register, the above described received by November 15, 2002. excepted from the requirement to lands will be segregated from all forms ADDRESSES: Our practice is to make prepare a water management plan using of appropriation under the public land comments, including names and home these criteria: laws, including the general mining laws, addresses of respondents, available for • All Contractors that receive only except for leasing under the mineral public review. Individual respondents irrigation water from any Federal leasing laws. may request that we withhold their Reclamation project, and deliver said For a period of 45 days after issuance home address from public disclosure. water to less than 2,000 acres of land. of this notice, interested parties may We will honor such requests to the • All Contractors that receive only submit comments to the Field Manager, extent allowable by law. There also may municipal and industrial (urban) water Milwaukee Field Office, Bureau of Land be circumstances in which we would from any Federal Reclamation project, Management, P.O. Box 631, Milwaukee, withhold a respondent’s identity from and provide said water to less than Wisconsin 53201. Any adverse public disclosure, as allowable by law. 3,300 people. comments will be evaluated by the State If you wish us to withhold your name • All Contractors that receive less Director who may sustain, vacate, or and/or address, you must state this than an annual average of 2,000 acre- modify this realty action. In the absence prominently at the beginning of your feet from any Federal Reclamation of any objections, this proposed realty comment. We will make all submissions project. action will become final. from organizations or businesses, and Reclamation will evaluate Plans based Dated: July 2, 2002. from individuals identifying themselves on the Criteria. The CVPIA requires James W. Dryden, as representatives or officials of Reclamation to evaluate, and revise if organizations or businesses, available Milwaukee Field Manager. necessary, the Criteria every 3 years. for public disclosure in their entirety. The Criteria were previously revised in [FR Doc. 02–26250 Filed 10–15–02; 8:45 am] For copies contact Leslie Barbre, Bureau 1996 and 1999. BILLING CODE 4310–PN–P of Reclamation, 2800 Cottage Way, Dated: October 1, 2002. Sacramento, California 95825, 916–978– 5232 (TDD 978–5608), or e-mail at Donna E. Tegelman, DEPARTMENT OF THE INTERIOR [email protected]. Please mail Regional Resources Manager. [FR Doc. 02–26068 Filed 10–15–02; 8:45 am] Bureau of Reclamation comments to Bryce White, Bureau of Reclamation, 2800 Cottage Way, BILLING CODE 4310–MN–P Central Valley Project Improvement Sacramento, California, 95825, or Act, Criteria for Evaluating Water contact at 916–978–5208 (TDD 978– Conservation Plans 5608), or e-mail at [email protected]. LEGAL SERVICES CORPORATION FOR FURTHER INFORMATION CONTACT: To AGENCY: Bureau of Reclamation, be placed on a mailing list for any Notice of Intent To Award—Grant Interior. subsequent information, please contact Awards for the Provision of Civil Legal ACTION: Notice. Leslie Barbre or Bryce White at the e- Services to Eligible Low-Income Clients Beginning January 1, 2003 SUMMARY: To meet the requirements of mail address or telephone number the Reclamation Reform Act of 1982 and above. AGENCY: Legal Services Corporation. the Central Valley Project Improvement SUPPLEMENTARY INFORMATION: We are ACTION: Announcement of intention to Act of 1992 (CVPIA), the Bureau of inviting the public to comment on the make FY 2003 Competitive Grant Reclamation (Reclamation) developed revision of the Criteria. Section 3405(e) Awards. and published the Criteria for of the CVPIA (Title 34 Pub. L. 102–575), Evaluating Water Management Plans requires the ‘‘Secretary of the Interior to SUMMARY: The Legal Services (Criteria). Note: For the purpose of this establish and administer an office on Corporation (LSC) hereby announces its announcement, Water Management Central Valley Project water intention to award grants and contracts Plans are considered the same as Water conservation best management practices to provide economical and effective Conservation Plans (Plans). The CVPIA that shall * * * develop Criteria for delivery of high quality civil legal requires Reclamation to evaluate, and evaluating the adequacy of all water services to eligible low-income clients, revise if necessary, the Criteria every 3 conservation plans developed by project beginning January 1, 2003. years. Reclamation is publishing this contractors, including those plans DATES: All comments and notice to allow the public to comment required by Section 210 of the recommendations must be received on

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or before the close of business on FOR FURTHER INFORMATION CONTACT: August 12, 2002, LSC will award funds November 15, 2002. Reginald Haley, Office of Program to one or more of the following Performance, (202) 336–8827. organizations to provide civil legal ADDRESSES: Legal Services SUPPLEMENTARY INFORMATION: Pursuant services in the indicated service areas. Corporation—Competitive Grants, Legal to LSC’s announcement of funding Funding amounts shown are based on Services Corporation, 750 First Street availability on April 22, 2002 (67 FR the 2000 census data as discussed in NE., 10th Floor, Washington, DC 20002– 19596), June 24, 2002 (67 FR 42588), LSC Program Letter 02–8. Amounts are 4250. and Grant Renewal applications due on subject to change.

Anticipated FY State & service area Applicant name 2003 award

Alabama: AL–1 ...... Legal Services Corp of Alabama, Inc ...... $4,385,466. AL–2 ...... Legal Services of North-Central Alabama ...... 556,985. AL–3 ...... Legal Services of Metro Birmingham ...... 871,136. MAL ...... Texas Rural Legal Aid, Inc ...... 27,150. Alaska: AK–1 ...... Alaska Legal Services Corporation ...... 672,721. NAK–1 ...... Alaska Legal Services Corporation ...... 489,766. Arkansas: AR–6 ...... Legal Aid of Arkansas, Inc ...... 1,356,494. AR–7 ...... Center for Arkansas Legal Services ...... 2,029,575. MAR ...... Texas Rural Legal Aid, Inc ...... 59,127. Arizona: AZ–2 ...... DNA-Peoples Legal Services, Inc ...... 479,861. AZ–3 ...... Community Legal Services, Inc ...... 3,500,408. AZ–5 ...... Southern Arizona Legal Aid, Inc ...... 1,708,028. MAZ, ...... Community Legal Services, Inc ...... 157,226. NAZ–5 ...... DNA-Peoples Legal Services, Inc ...... 2,363,143. NAZ–6 ...... Southern Arizona Legal Aid, Inc ...... 577,248. NM–1 ...... DNA-Peoples Legal Services, Inc ...... 196,533. NNM–2 ...... DNA-Peoples Legal Services, Inc ...... 20,575. California: CA–1 ...... California Indian Legal Services, Inc ...... 30,446. CA–2 ...... Greater Bakersfield Legal Assist ...... 834,649. CA–12 ...... Inland Counties Legal Services, Inc ...... 3,697,803. CA–14 ...... Legal Aid Society of San Diego, Inc ...... 2,620,612. CA–19 ...... Legal Aid Society of Orange County, Inc ...... 3,639,546. CA–26 ...... Central California Legal Services ...... 2,634,576. CA–27 ...... Legal Services of Northern CA, Inc ...... 3,256,152. CA–28 ...... Bay Area Legal Aid ...... 3,870,775. CA–29 ...... Legal Aid Foundation of Los Angeles ...... 7,298,912. CA–30 ...... Neigh. Legal Services of Los Angeles County ...... 4,271,630. CA–31 ...... California Rural Legal Assist. Inc ...... 4,289,877. MCA ...... California Rural Legal Assist. Inc ...... 2,929,593. NCA–1 ...... California Indian Legal Services, Inc ...... 800,093. Colorado: CO–6 ...... Colorado Legal Services ...... 3,122,528. MCO ...... Colorado Legal Services ...... 131,700. NCO–1 ...... Colorado Legal Services ...... 86,971. Connecticut: CT–1 ...... Statewide Legal Services of Connecticut, Inc ...... 2,154,255. NCT–1 ...... Pine Tree Legal Assistance, Inc ...... 14,178. Delaware: DE–1 Legal Services Corporation of Delaware, Inc ...... 558,441. District of Columbia: DC–1 Neighborhood Legal Services Program of DC ...... 916,149. Florida: FL–1 ...... Central Florida Legal Services, Inc ...... 1,178,134. FL–2 ...... LA Service of Broward County ...... 1,455,991. FL–3 ...... Florida Rural Legal Services, Inc ...... 2,672,193. FL–4 ...... Jacksonville Area Legal Aid ...... 855,173. FL–5 ...... Legal Services of Greater Miami Inc ...... 3,194,314. FL–6 ...... Legal Services of North Florida, Inc ...... 899,650. FL–7 ...... Greater Orlando Area Legal Services, Inc ...... 1,149,026. FL–8 ...... Bay Area Legal Services, Inc ...... 1,254,731. FL–9 ...... Withlacoochee Area Legal Services, Inc ...... 522,280. FL–10 ...... Three Rivers Legal Services, Inc ...... 688,233. FL–11 ...... Northwest Florida Legal Services, Inc ...... 420,098. FL–12 ...... Gulfcoast Legal Services Inc ...... 1,112,012. MFL ...... Florida Rural Legal Services, Inc ...... 935,141. Georgia: GA–1 ...... Atlanta Legal Aid Society, Inc ...... 2,322,525. GA–2 ...... Georgia Legal Services Program ...... 5,951,253. MGA ...... Georgia Legal Services Program ...... 375,613. Guam: GU–1 Guam Legal Services Corporation ...... 291,093.

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Anticipated FY State & service area Applicant name 2003 award

Hawaii: HI–1 ...... Legal Aid Society of Hawaii ...... 1,176,963. MHI ...... Legal Aid Society of Hawaii ...... 81,709. NHI–1 ...... Native Hawaiian Legal Corporation ...... 207,446. Idaho: ID–1 ...... Idaho Legal Aid Services, Inc ...... 1,062,281. MID ...... Idaho Legal Aid Services, Inc ...... 182,109. NID–1 ...... Idaho Legal Aid Services, Inc ...... 58,835. Iowa: IA–3 ...... Legal Services Corporation of Iowa ...... 2,131,573. MIA ...... Legal Services Corporation of Iowa ...... 27,091. Illinois: IL–3 ...... Land of Lincoln Legal Assist Foundation ...... 2,249,250. IL–6 ...... Legal Assistance of Metropolitan Chicago ...... 5,850,995. IL–7 ...... Prairie State Legal Services, Inc ...... 2,501,178. MIL ...... Legal Assistance of Metropolitan Chicago ...... 207,945. Indiana: IN–5 ...... Indiana Legal Services, Inc ...... 4,586,149. MIN ...... Indiana Legal Services, Inc ...... 94,861. Kansas: KS–1 ...... Kansas Legal Services, Inc ...... 2,147,620. MKS ...... Kansas Legal Services, Inc ...... 9,546. Kentucky: KY–2 ...... Legal Aid Society, Inc ...... 1,066,857. KY–5 ...... Appalachian Res. and Defense Fund of Kentucky ...... 1,841,275. KY–9 ...... Kentucky Legal Aid ...... 1,105,963. KY–10 ...... Northern Kentucky Legal Aid Society, Inc ...... 1,149,244. MKY ...... Texas Rural Legal Aid, Inc ...... 33,157. Louisiana: LA–1 ...... Capital Area Legal Services Corporation ...... 1,282,433. LA–10 ...... Acadiana Legal Service Corp ...... 1,816,794. LA–11 ...... Legal Services of North Louisiana, Inc ...... 1,704,664. LA–12 ...... Southeast Louisiana Legal Services Corporation ...... 2,296,346. MLA ...... Texas Rural Legal Aid, Inc ...... 20,733. Maine: ME–1 ...... Pine Tree Legal Assistance, Inc ...... 1,068,924. MMX–1 ...... Pine Tree Legal Assistance, Inc ...... 116,346. NME–1 ...... Pine Tree Legal Assistance, Inc ...... 58,371. Maryland: MD–1 ...... Legal Aid Bureau, Inc ...... 3,581,699. MDE ...... Legal Aid Bureau, Inc ...... 26,397. MMD ...... Legal Aid Bureau, Inc ...... 88,553. Massachusetts: MA–1 ...... Volunteer Lawyers Project Boston Bar ...... 1,646,181. MA–2 ...... South Middlesex Legal Services, Inc ...... 195,403. MA–3 ...... Legal Svc for Cape Cod & Islands ...... 230,476. MA–4 ...... Merrimack Valley Legal Services, Inc ...... 750,740. MA–5 ...... New Center for Legal Advocacy ...... 594,928. MA–10 ...... Massachusetts Justice Project ...... 1,364,158. Micronesia: MP–1 Micronesian Legal Services, Inc ...... 1,491,917. Minnesota: MN–1 ...... Legal Aid Service of Northeastern Minnesota ...... 383,569. MN–2 ...... Judicare of Anoka County, Inc ...... 98,609. MN–3 ...... Central Minnesota Legal Services, Inc ...... 1,096,576. MN–4 ...... Legal Services of Northwest Minnesota Corp...... 345,727. MN–5 ...... Southern Minnesota Regional Legal Services, Inc ...... 1,109,260. MMN ...... Southern Minnesota Regional Legal Services, Inc ...... 149,571. NMN–1 ...... Anishinabe Legal Services, Inc ...... 216,423. Mississippi: MS–2 ...... North MS Rural Legal Services, Inc ...... 1,898,001. MS–3 ...... South MS Legal Services Corp ...... 525,945. MS–7 ...... Central SW MS Legal Services Corp ...... 1,231,338. MS–8 ...... SE Mississippi Legal Services Corp ...... 887,903. MMS ...... Texas Rural Legal Aid, Inc ...... 42,402. NMS–1 ...... SE Mississippi Legal Services Corp ...... 75,279. Missouri: MO–3 ...... Legal Aid of Western Missouri ...... 1,608,607. MO–4 ...... Legal Services of Eastern Missouri, Inc ...... 1,774,785. MO–5 ...... Mid-Missouri Legal Services Corporation ...... 353,692. MO–7 ...... Legal Services of Southern Missouri ...... 1,532,889. MMO ...... Legal Aid of Western Missouri ...... 67,042. Montana: MT–1 ...... Montana Legal Services Assoc ...... 1,025,894.

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Anticipated FY State & service area Applicant name 2003 award

MMT ...... Montana Legal Services Assoc ...... 48,008. NMT–1 ...... Montana Legal Services Assoc ...... 144,197. Nebraska: NE–4 ...... Nebraska Legal Services ...... 1,315,096. MNE ...... Nebraska Legal Services ...... 34,186. NNE–1 ...... Nebraska Legal Services ...... 29,935. Nevada: NV–1 ...... Nevada Legal Services, Inc ...... 1,717,198. MNV ...... Nevada Legal Services, Inc ...... 3,698. NNV–1 ...... Nevada Legal Services, Inc ...... 120,422. New Hampshire: NH–1 Legal Advice & Referral Center, Inc ...... 647,362. New Jersey: NJ–8 ...... Essex-Newark Legal Services Project, Inc ...... 982,438. NJ–12 ...... Ocean-Monmouth Legal Services, Inc ...... 599,153. NJ–15 ...... Warren County Legal Services, Inc ...... 353,207. NJ–16 ...... Camden Regional Legal Services, Inc ...... 1,208,321. NJ–17 ...... Legal Aid Society of Mercer County ...... 983,157. MNJ ...... Camden Regional Legal Services, Inc ...... 126,002. New Mexico: NM–5 ...... Southern New Mexico Legal Services, Inc ...... 2,475,208. NNM–4 ...... Southern New Mexico Legal Services, Inc ...... 420,781. MNM ...... Southern New Mexico Legal Services, Inc ...... 80,328. New York: NY–1 ...... Legal Aid Society of Northeastern New York ...... 767,490. NY–3 ...... Legal Aid for Broome and Chenango ...... 262,370. NY–4 ...... Neighborhood Legal Services, Inc ...... 928,381. NY–6 ...... Chemung County Legal Services ...... 268,176. NY–7 ...... Nassau/Suffolk Law Services ...... 1,254,287. NY–8 ...... Legal Aid Society of Rockland County, Inc ...... 762,980. NY–9 ...... Legal Services for New York City ...... 13,789,897. NY–10 ...... Niagara County Legal Aid Society, Inc ...... 188,668. NY–13 ...... Legal Services of Central NY, Inc ...... 826,165. NY–14 ...... Legal Aid Society of Mid-New York, Inc ...... 635,263. NY–15 ...... Westchester/Putnam Legal Services ...... 850,521. NY–16 ...... North Country Legal Services, Inc ...... 316,544. NY–18 ...... Monroe Co Legal Assistance ...... 984,990. NY–19 ...... Southern Tier Legal Services ...... 409,071. MNY ...... Legal Aid Society of Mid-New York, Inc ...... 279,923 North Carolina: NC–5 ...... Legal Aid of North Carolina ...... 7,491,194. MNC ...... Legal Aid of North Carolina ...... 529,643. NNC–1 ...... Legal Aid of North Carolina ...... 197,645. North Dakota: ND–3 ...... Legal Assistance of North Dakota, Inc ...... 532,078. MND ...... Southern Minnesota Regional Legal Services, Inc ...... 82,512. NND–3 ...... Legal Assistance of North Dakota, Inc ...... 243,946. Ohio: OH–5 ...... The Legal Aid Society of Columbus ...... 1,154,130. OH–17 ...... Ohio State Legal Services ...... 1,525,944. OH–18 ...... Legal Aid Society of Greater Cincinnati ...... 1,237,679. OH–19 ...... Lgl. Assist. of West Cent. OH Regional Entity ...... 1,226,393. OH–20 ...... Community Legal Aid Services, Inc ...... 1,657,803. OH–21 ...... The Legal Aid Society of Cleveland ...... 1,920,641. OH–22 ...... Legal Services of Northwest Ohio, Inc ...... 977,083. MOH ...... Legal Services of Northwest Ohio, Inc ...... 95,154. Oklahoma: OK–3 ...... Legal Aid Services of Oklahoma ...... 4,058,422. MOK ...... Legal Aid Services of Oklahoma ...... 51,572. NOK–1 ...... Oklahoma Indian Legal Services, Inc ...... 741,501. Oregon: OR–2 ...... Lane County Legal Aid Service, Inc ...... 317,280. OR–4 ...... Marion-Polk Legal Aid Service, Inc ...... 307,667. OR–5 ...... Legal Aid Services of Oregon ...... 2,090,392. MOR ...... Legal Aid Services of Oregon ...... 537,114. NOR–1 ...... Legal Aid Services of Oregon ...... 167,176. Pennsylvania: PA–1 ...... Philadelphia Legal Assistance ...... 2,775,546. PA–5 ...... Laurel Legal Services, Inc ...... 692,006. PA–8 ...... Neighborhood Legal Services Assoc ...... 1,506,801. PA–11 ...... Southwestern Pennsylvania Legal Aid Society ...... 503,062. PA–23 ...... LA of Southeastern Pennsylvania ...... 1,017,327. PA–24 ...... North Penn Legal Services, Inc ...... 1,625,583. PA–25 ...... MidPenn Legal Services, Inc ...... 1,989,072.

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Anticipated FY State & service area Applicant name 2003 award

PA–26 ...... Northwestern Legal Services ...... 657,653. MPA ...... Philadelphia Legal Assistance ...... 144,049. Puerto Rico: PR–1 ...... Puerto Rico Legal Services, Inc ...... 14,686,125. PR–2 ...... Community Law Office, Inc ...... 310,353. MPR ...... Puerto Rico Legal Services, Inc ...... 219,851. Rhode Island: RI–1 Rhode Island Legal Services, Inc ...... 1,006,618. South Carolina: SC–8 ...... The SC Centers for Equal Justice ...... 4,404,793. MSC ...... The SC Centers for Equal Justice ...... 179,038. South Dakota: SD–2 ...... East River Legal Services ...... 365,907. SD–4 ...... Dakota Plains Legal Services, Inc ...... 433,384. MSD ...... Dakota Plains Legal Services, Inc ...... 3,071. NSD–1 ...... Dakota Plains Legal Services, Inc ...... 845,567. Tennessee: TN–4 ...... Memphis Area Legal Services ...... 1,287,285. TN–7 ...... West Tennessee Legal Services, Inc ...... 600,676. TN–9 ...... LA of East Tennessee ...... 1,964,918. TN–10 ...... LAS of Middle TN and the Cumberlands ...... 2,340,865. MTN ...... Texas Rural Legal Aid, Inc ...... 54,383. Texas: TX–13 ...... Lone Star Legal Aid ...... 8,677,335. TX–14 ...... West Texas Legal Services ...... 6,844,410. TX–15 ...... Texas Rural Legal Aid, Inc ...... 9,327,617. MTX ...... Texas Rural Legal Aid, Inc ...... 1,234,600. NTX–1 ...... Texas Rural Legal Aid, Inc ...... 28,343. Utah: UT–1 ...... Utah Legal Services, Inc ...... 1,664,061. MUT ...... Utah Legal Services, Inc ...... 62,214. NUT–1 ...... Utah Legal Services, Inc ...... 74,504. Vermont: VT–1 Legal Services Law Line of Vermont, Inc ...... 457,196. Virginia: VA–15 ...... Southwest Virginia Legal Aid Society, Inc ...... 745,846. VA–16 ...... Legal Services of Eastern Virginia, Inc ...... 1,283,428. VA–17 ...... Virginia Legal Aid Society, Inc ...... 773,673. VA–18 ...... Central Virginia Legal Aid Society, Inc ...... 910,259. VA–19 ...... Blue Ridge Legal Services, Inc ...... 641,564. VA–20 ...... Potomac Legal Aid Society ...... 994,268. MVA ...... Central Virginia Legal Aid Society, Inc ...... 144,852. Virgin Islands: VI–1 Legal Services of the Virgin Islands, Inc ...... 292,256. Washington: WA–1 ...... Northwest Justice Project ...... 4,385,249. MWA ...... Northwest Justice Project ...... 738,240. NWA–1 ...... Northwest Justice Project ...... 257,978. Wisconsin: WI–2 ...... Wisconsin Judicare, Inc ...... 801,802. WI–5 ...... Legal Action of Wisconsin, Inc ...... 2,906,903. MWI ...... Legal Action of Wisconsin, Inc ...... 69,159. NWI–1 ...... Wisconsin Judicare, Inc ...... 140,479. West Virginia: WV–5 ...... Legal Aid of West Virginia, Inc ...... 2,613,517. MWV ...... Legal Aid of West Virginia, Inc ...... 28,622. Wyoming: WY–4 ...... Wyoming Legal Services ...... 447,189. MWY ...... Wyoming Legal Services ...... 11,111. NWY–1 ...... Wyoming Legal Services ...... 156,492.

These grants and contracts will be and recommendations concerning the Dated: October 9, 2002. awarded under the authority conferred potential grantees within a period of Michael A. Genz, on LSC by the Legal Services thirty (30) days from the date of Director, Office of Program Performance, Corporation Act, as amended (42 U.S.C. publication of this notice. Grants will Legal Services Corporation. 2996e(a)(1)). Awards will be made so become effective and grant funds will be [FR Doc. 02–26222 Filed 10–15–02; 8:45 am] that each service area is served, distributed on or about January 1, 2003. BILLING CODE 7050–01–P although none of the listed organizations are guaranteed an award or contract. This public notice is issued pursuant to the LSC Act (42 U.S.C. 2996f(f)), with a request for comments

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NATIONAL AERONAUTICS AND Aeronautics and Space Administration Discussion of Security Issues (Closed—Ex. SPACE ADMINISTRATION announces a change of date for the 1 & 9). forthcoming meeting of the Aerospace [Notice 02–123] Thursday, October 31, 2002. Safety Advisory Panel; Notice No. 02– 119. 9:25 a.m. NASA Advisory Council, Biological Affirmation Session (Public Meeting) (If PREVIOUSLY ANNOUNCED DATE: and Physical Research Advisory Thursday, needed). Committee Audio Teleconference October 31, 2002, 9 a.m. to 12 Noon 9:30 a.m. Central Time. AGENCY: National Aeronautics and Briefing on EEO Program (Public Meeting) CHANGES IN THE MEETING: Date changed Space Administration. (Contact: Irene Little, 301–415–7380). to Thursday, November 7, 2002, 9 a.m. 2:30 p.m. ACTION: Notice of Meeting. to 12 Noon Central Time. Briefing on Proposed Rulemaking to Add SUMMARY: In accordance with the ADDRESSES: Nassau Bay Hilton, 3000 New Section 10 CFR 50.69, ‘‘Risk- Federal Advisory Committee Act, Public NASA Road 1, Houston, TX 77058. Informed Categorization and Treatment Law 92–463, as amended, the National FOR FURTHER INFORMATION CONTACT: Mr. of Structures, systems, and Components Aeronautics and Space Administration David M. Lengyel, Aerospace Safety for Nuclear Power Reactors’’ (Public announces a meeting of the NASA Advisory Panel Executive Director, Meeting) (Contact: Eileen McKenna, Advisory Council, Biological and Code Q–1, National Aeronautics and 301–415–2189, or Timothy Reed, (301) 415–1462. Physical Research Advisory Committee. Space Administration, Washington, DC 20546, (202) 358–0391, if you plan to This meeting will be webcast live at the DATES: Tuesday, November 12, 2002, Web address—www.nrc.gov from 2 p.m. until 4 p.m. attend. Week of November 4, 2002—Tentative ADDRESSES: This meeting will be SUPPLEMENTARY INFORMATION: This conducted via teleconference; hence meeting will be open to the public up There are no meetings scheduled for the participation will require contacting Dr. to the seating capacity of the room (40). Week of November 4, 2002. Bradley Carpenter (202/358–0826) The agenda for the meeting is to Week of November 11, 2002—Tentative before 4:30 p.m. Eastern, November 8, conduct deliberations on CY ’02 fact- 2002, and leaving your name, affiliation, finding activities and trip reports in Thursday, November 14, 2002. and phone number. preparation for the drafting of the 2:00 p.m. FOR FURTHER INFORMATION CONTACT: Dr. Panel’s annual report. Discussion of Management Issues Bradley Carpenter, Code UG, National It is imperative that the meeting be (Closed—Ex. 2). held on this date to accommodate the Aeronautics and Space Administration, Week of November 18, 2002—Tentative Washington, DC 20546, 202/358–0826. scheduling priorities of the key SUPPLEMENTARY INFORMATION: The participants. Visitors will be requested Thursday, November 21, 2002. meeting will be open to the public up to sign a visitor’s register. 2:00 p.m. to the capability of the teleconferencing June W. Edwards, Discussion of Security Issues (Closed—Ex. system. The agenda for the meeting is as Advisory Committee Management Officer, 1). follows: National Aeronautics and Space *The schedule for Commission meetings is —Strategic Planning/Performance Administration. subject to change on short notice. To verify Measures [FR Doc. 02–26210 Filed 10–15–02; 8:45 am] the status of meetings call (recording)—(301) —Program Update BILLING CODE 7510–01–P 415–1292. Contact person for more It is imperative that the meeting be information: R. Michelle Schroll (301) 415– held on this date to accommodate the 1662. scheduling priorities of the key NUCLEAR REGULATORY * * * * * participants. Visitors will be requested COMMISSION The NRC Commission Meeting Schedule to sign a visitor’s register. can be found on the Internet at: http:// Sunshine Act Meeting www.nrc.gov/what-we-do/policy-making/ June W. Edwards, schedule.html AGENCY HOLDING THE MEETING: Nuclear Advisory Committee Management Officer, * * * * * National Aeronautics and Space Regulatory Commission This notice is distributed by mail to several Administration. DATE: Weeks of October 14, 21, 28, hundred subscribers; if you no longer wish [FR Doc. 02–26209 Filed 10–15–02; 8:45 am] November 4, 11, 18, 2002. to receive it, or would like to be added to the BILLING CODE 7510–01–P PLACE: Commissioner’s Conference distribution, please contact the Office of the Room, 11555 Rockville Pike, Rockvillle, Secretary, Washington, DC 20555 (301) 415– Maryland. 1969. In addition, distribution of this meeting NATIONAL AERONAUTICS AND notice over the Internet system is available. SPACE ADMINISTRATION STATUS: Public and Closed. MATTERS TO BE CONSIDERED: If you are interested in receiving this [Notice 02–124] Commission meeting schedule electronically, Week of October 14, 2002 please send an electronic message to Aerospace Safety Advisory Panel; There are no meetings scheduled for the [email protected]. Meeting. Week of October 14, 2002. Dated: October 10, 2002. AGENCY: National Aeronautics and Week of October 21, 2002—Tentative R. Michelle Schroll, Space Administration. There are no meetings scheduled for the Acting Technical Coordinator, Office of the ACTION: Notice of meeting date change. Week of October 21, 2002. Secretary. Week of October 28, 2002—Tentative [FR Doc. 02–26437 Filed 10–11–02; 2:22 pm] SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. Wednesday, October 30, 2002. BILLING CODE 7590–01–M L. 92–463, as amended, the National 2:00 p.m.

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OFFICE OF PERSONNEL top broadband level of their career path and management of the DoD acquisition MANAGEMENT eligible to receive a ‘‘very high’’ overall workforce through improvements in the contribution score and (2) reduce the human resources management system. Civilian Acquisition Workforce minimum rating period under the II. Introduction Personnel Demonstration Project; Contribution-based Compensation and Department of Defense (DoD) Appraisal System (CCAS) to 90 calendar This demonstration project provides days. Finally, the third amendment was managers, at the lowest practical level, AGENCY: Office of Personnel the authority, control, and flexibility Management (OPM). published in the July 1, 2002, Federal Register, Volume 67, Number 126 to (1) they need to achieve quality acquisition ACTION: Notice of intent to amend this list all organizations that are eligible to processes and quality products. This demonstration by changing the method participate in the project and (2) make project not only provides a system that for determining and translating the resulting adjustments to the table retains, recognizes, and rewards retention service credit. that describes the project’s workforce employees for their contribution, but SUMMARY: The Department of Defense demographics and union representation. also supports their personal and (DoD), with the approval of OPM, may This demonstration project involves professional growth. conduct a personnel demonstration hiring and appointment authorities, A. Purpose within DoD’s civilian acquisition broadbanding, simplified classification, The purpose of this notice is to workforce and those supporting a contribution-based compensation and propose to amend this demonstration by personnel assigned to work directly appraisal system, revised reduction-in- changing the method for determining with it. (See section 4308 of the force procedures, academic degree and and translating retention service credit. National Defense Authorization Act for certificate training, and sabbaticals. Other provisions of the approved plan Fiscal Year 1996 (Pub. L. 104–106; 10 2. Overview are unaffected by this proposal. U.S.C.A. 1701 note), as amended by Pursuant to 5 CFR 470.315, changes are section 845 of the National Defense The project plan links employees’ hereby proposed to the Federal Authorization Act for Fiscal Year 1998 overall contribution scores (OCSs) to (Pub. L. 105–85)). This notice proposes retention service credit for reduction in Register, Civilian Acquisition to amend the project plan for this force. Experience during the first three Workforce Personnel Demonstration demonstration to change the method for rating cycles showed that the method Project; Department of Defense; Notice, determining and translating retention for linkage causes two unintended Friday, January 8, 1999, Volume 64, service credit. results. Number 5, Part VII, pages 1479–82 and 1484. DATES: OPM and DoD will consider The first unintended result adversely written comments if received no later affects high contributors (that is, B. Employee Notification and Collective than November 15, 2002. employees with a high OCS for the Bargaining Requirements expected contribution range of their ADDRESSES: Send written comments to The demonstration project program broadband level). High contributors can Mary Lamary, U.S. Office of Personnel office shall notify employees of this only receive high retention service Management, 1900 E Street NW., Room proposed amendment by posting it on credit if their positions are toward the 7460, Washington, DC 20415. the demonstration project’s web page top of the salary rate range for the FOR FURTHER INFORMATION CONTACT: (http://www.acq.osd.mil/acqdemo/ broadband level. DoD: Anthony D. Echols, Civilian new_site). Participating organizations Second, high contributors receive less Acquisition Workforce Personnel must fulfill any collective bargaining credit than lower contributors in some Demonstration Project, 2001 North obligations to unions that represent cases. The structure of Table 7, Beauregard Street, Suite 750, employees covered by the Retention Service Credit Associated Alexandria, VA 22311, 703–681–3553. demonstration. with Appraisal Results, allows such OPM: Mary Lamary, U.S. Office of outcomes. III. Personnel System Changes Personnel Management, 1900 E Street This notice proposes to amend the NW., Room 7460, Washington, DC Retention Service Credit project plan for this demonstration to 20415, 202–606–2820. change the method for determining The following are the proposed SUPPLEMENTARY INFORMATION: retention service credit based on changes to the demonstration project 1. Background Contribution-based Compensation and plan. Appraisal System (CCAS) process Delete all of Section III. D. 9., OPM approved and published the results. For consistency, this notice also including Table 7. project plan for the Civilian Acquisition proposes to change Table 8, Translation Throughout the project plan, re- Workforce Personnel Demonstration of Retention Service Credit. number Tables 8, 9, and 10 as Tables 7, Project in the Federal Register on 8, and 9, respectively. January 8, 1999 (Volume 64, Number 5, Dated: October 4, 2002. Delete the second and third rows of part VII). Since that time, three Office of Personnel Management, the re-designated Table 7, Translation of amendments have been published. The Kay Coles James, Retention Service Credit, as follows: first amendment was published in the Director. ‘‘20: Outstanding or equivalent, Level 5’’ May 21, 2001, Federal Register, Volume and ‘‘16: Highly Successful or I. Executive Summary 66, Number 98 to (1) correct equivalent, Level 4.’’ A copy of the discrepancies in the list of occupational The project was designed by a Process revised re-designated Table 7 appears at series included in the project and (2) Action Team (PAT) under the authority the end of this amendment. authorize managers to offer a buy-in to of the Under Secretary of Defense for Delete the fourth paragraph of Section Federal employees entering the project Acquisition and Technology, with the III. F. and insert the following: after initial implementation. The second participation of and review by DoD and Employees shall receive additional amendment was published in the April the Office of Personnel Management years of retention service credit in RIF, 24, 2002, Federal Register, Volume 67, (OPM). The purpose of the project is to based on their CCAS process results. Number 79 to (1) make employees in the enhance the quality, professionalism, Refer to Figure 2, CCAS Compensation

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Categories, which depicts the three Translation of Retention Service Credit, comments on the proposed rule change, categories: A, B, and C. To calculate the shows how to do this translation. as amended, from interested persons. number of additional years of retention I. Self-Regulatory Organization’s service credit, average the number of Retention serv- Appraisal rating level Statement of the Terms of Substance of additional years received for the ice credit the Proposed Rule Change employees’ three most recent annual 12 ...... Fully Successful or equiva- placements in category A, B, or C during lent, Level 3. The Exchange proposes to amend its the 4-year period before the issuance of 0 ...... Unsuccessful, Level 1. rules regarding listing standards for RIF notices. Use the following rules to options on narrow-based and broad- determine the number of years for a [FR Doc. 02–26271 Filed 10–15–02; 8:45 am] based security indexes. The text of the given annual placement. BILLING CODE 6325–43–P proposed rule change is set forth below. Rule 1—Employees whose annual Additions are in italics; deletions are in OCS places them above the upper rail in brackets. category A shall not receive any CHAPTER XXIV additional years. SECURITIES AND EXCHANGE Exception to Rule 1—Category A COMMISSION Index Options employees on retained pay may have lacked the opportunity to contribute at * * * * * the level of their retained pay. [Release No. 34–46629; File No. SR–CBOE– 2002–24] Rule 24.2 Designation of the Index Therefore, they shall receive 12 (a) The component securities of an additional years. Self-Regulatory Organizations; Notice index underlying an index option Rule 2—Employees whose OCS places of Filing of Proposed Rule Change and them in categories B or C shall receive contract need not meet the requirements Amendment Nos. 1 and 2 by Chicago of Rule 5.3. Except as set forth in 12 additional years. Board Options Exchange, Incorporated Rule 3—Substitute the annual subparagraph (b) and (c) below, the Amending Listing Standards for performance rating of record under the listing of a class of index options on a Options on Narrow-Based and Broad- previous performance management new underlying index will be treated by Based Security Indexes system for one or more CCAS process the Exchange as a proposed rule change results if, before the issuance of RIF October 9, 2002. subject to filing with and approval by the Securities and Exchange notices, (1) three complete CCAS cycles Pursuant to Section 19(b)(1) of the have not yet occurred or (2) an Commission (‘‘Commission’’) under Securities Exchange Act of 1034 (‘‘Act’’ Section 19(b) of the Exchange Act. individual has not completed three or ‘‘Exchange Act’’) 1 and Rule 19b–4 cycles to obtain three CCAS process 2 (b) Notwithstanding paragraph (a) thereunder, notice is hereby given that above, the Exchange may trade options results. In such cases, consistent with on May 7, 2002, the Chicago Board the re-designated Table 7, Translation of on a narrow-based security index Options Exchange, Incorporated pursuant to Rule 19b–4(e) of the Retention Service Credit, employees (‘‘CBOE’’ or ‘‘Exchange’’) filed with the with ratings of record at or above Fully Securities Exchange Act of 1934, if each Securities and Exchange Commission of the following conditions is satisfied: Successful or equivalent (Level 3) shall (‘‘Commission’’) the proposed rule receive 12 additional years, while those (1) The index is a security index. [The change as described in Items I, II, and options are designated as A.M.-settled with lower ratings of record shall not III below, which Items have been receive any additional years. After index options:] prepared by the CBOE. The CBOE filed (i) that has 9 or fewer component including both CCAS results and Amendments No. 1 and 2 to the previous ratings of record, employees securities; or proposed rule change on August 6, (ii) in which a component security who still have only received one or two 2002 3 and August 29, 2002,4 of these shall receive credit for comprises more than 30 percent of the respectively. The Commission is index’s weighting; or performance on the basis of adding the publishing this notice to solicit value and dividing by the number of (iii) in which the 5 highest weighted CCAS results and/or ratings of record component securities in the aggregate 1 15 U.S.C. 78s(b)(1). comprise more than 60 percent of the actually received. Those who have no 2 17 CFR 240.19b–4. index’s weighting or annual performance rating of record or 3 See Letter dated August 6, 2002 from Madge CCAS results shall receive 12 additional Hamilton, Legal Division, CBOE, to Kelly Riley, (iv) in which the lowest weighted years. Senior Special Counsel, Division of Market component securities comprising, in the Change Section V. B. 4. to read: Regulation (‘‘Division’’), Commission aggregate, 25 percent of the index’s The demonstration project does not (‘‘Amendment No. 1’’). Amendment No. 1 makes weighting have an aggregate dollar certain technical corrections to the proposed rule use summary level designators. In this change. value of average daily trading volume of regard, the project differs from non- 4 See Letter dated August 29, 2002 from Madge less than $50,000,000 (or in the case of demonstration appraisal systems and Hamilton, Legal Division, CBOE, to Florence an index with 15 or more component programs established under 5 U.S.C. Harmon, Senior Special Counsel, Division, securities, $30,000,000), except that if Commission (‘‘Amendment No. 2’’). Amendment Chapter 43 and 5 CFR part 430. To No. 2 makes certain technical corrections to the there are two or more securities with accommodate this difference and to proposed rule text and adds a requirement that equal weighting that could be included allow the CCAS contribution component securities be registered under Section in the calculation of the lowest weighted information to be used as equivalent 12 of the Act. Amendment No. 2 also adds a component securities comprising, in the requirement that the total number of securities in ratings under 5 CFR part 430, translate an index may not increase or decrease by more than aggregate, 25 percent of the index’s retention service credit based on the 331⁄3% from the number of component securities in weighting, such securities shall be employee’s OCS for the 3 most recent the index at the time of its initial listing. ranked from lowest to highest dollar years of the last 4 years while under the Amendment No. 2 also adds a requirement that value of average daily trading volume cash settled index options be designated as AM- demonstration project to summary level settled index options. Finally, Amendment No. 2 and shall be included in the calculation designators for use by the gaining adds a new index weighting methodology known as based on their ranking starting with the agency. The re-designated Table 7, ‘‘share weighting.’’ lowest ranked security;

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(2) The index is capitalization- ADRs thereon that are not subject to (3) Each component security in the weighted, modified capitalization- comprehensive surveillance sharing index has a minimum market weighted, price-weighted, share agreements do not [in the aggregate] capitalization of at least $75 million, weighted, [or] equal dollar-weighted, or represent more than 20% of the weight except that each of the lowest weighted modified equal-dollar weighted[, and of the index[:]; securities in the index that in the consist of ten or more component [(10)] (8) The current underlying aggregate account for no more than 10% securities:]; index value will be reported at least of the weight of the index may have a (3) Each component security in the once every fifteen seconds during the minimum market capitalization of only index has a minimum market time the index options are traded on the $50 million; capitalization of at lest $75 million, Exchange[:]; (4) The average daily trading volume except that [for] each of the lowest [(11)] (9) An equal dollar-weighted in each of the preceding six months for weighted [component] securities in the index will be rebalanced at least once each component security in the index is index that in the aggregate account for every calendar [quarter] year[:]; at least 45,500 shares, except that each no more than 10% of the weight of the [(12)] (10) If [an] the underlying index of the lowest weighted component index[,] may have a minimum [the] is maintained by a broker-dealer, the securities in the index that in the market capitalization of only [is at least] index is calculated by an third party aggregate account for no more than 10% $50 million[:]; who is not a broker-dealer, and the of the weight of the index may have an (4) The average daily trading broker-dealer has in place an average daily trading volume of only [Trading] volume in each of the information barrier [erected a ‘‘Chinese 22,750 shares for each of the last six preceding six months for each Wall’’] around its personnel who have months; component security in the index is at access to information concerning (5) In a capitalization-weighted index least 45,500 shares, [has been at least changes in and adjustments to the one million shares for each of the last the lesser of: (1) the five highest index[.]; weighted component securities in the six months,] except that [for] each of the (11) Each component security in the lowest weighted component securities index each have had an average daily index is registered pursuant to section in the index that in the aggregate trading volume of at least 90,000 shares 12 of the Exchange Act; and account for no more than 10% of the over the past six months; or (2) the (12) Cash settled index options are weight of the index[,] may have an highest weighted component securities designated as Am-settled index options. average daily trading volume of only in the index that in the aggregate (c) Notwithstanding paragraph (a) 22,750 [has been at least 500,000] shares represent at least 30% of the total above, the Exchange may trade options for each of the last six months[:]; number of component securities in the (5) In a capitalization-weighted index on a broad-based security index index each have had an average daily the lesser of: (1) the five highest pursuant to Rule 19b–4(e) of the trading volume of at least 90,000 shares weighted component securities in the Securities Exchange Act of 1934, if each over the past six months; index each have had an average daily of the following conditions is satisfied; (6) Subject to subparagraphs (4) and trading volume of at least 90,000 shares (1) The index is a security index (5) above, the component securities that over the past six months; or (2) the (i) that has 10 or more component account for at least 90% of the total highest weighted component securities securities; index weight and at least 80% of the in the index that in the aggregate (ii) in which no component security total number of component securities in represent at least 30% of the total comprises less than 30 percent of the the index must meet the requirements of number of component securities in the index’s weighting; Rule 5.3 applicable to individual index each have had an average daily (iii) in which the 5 highest weighted underlying securities; [monthly] trading volume of at least component securities in the aggregate (7)(i) Each component security in the 90,000 [2,000,000] shares over the past comprise less than 60 percent of the index is a ‘‘reported security’’ as defined six months[:]; index’s weighting; and in Rule 11a 3–1 under the Exchange [(6) No single component security (iv) in which the lowest weighted Act; or component securities comprising, in the represents more than 25% of the weight (ii) Foreign securities or ADRs thereon of the index, and the five highest aggregate, 25 percent of the index’s weighting have an aggregate dollar that are not subject to comprehensive weighted component securities in the surveillance sharing agreements do not index do not in the aggregate account value of average daily trading volume of more than $50,000,000 (or in the case of represent more than 20% of the weight for more than 50% (60% for an index of the index; consisting of fewer than 25 component an index with 15 or more component (8) The current underlying index securities) of the weight of the index:] securities, $30,000,000), except that if value will be reported at least once [(7)] (6) Subject to subparagraphs (4) there are two or more securities with every fifteen seconds during the time the and (5) above, the c[C]omponent equal weighting that could be included index options are traded on the securities that account for at least 90% in the calculation of the lowest weighted Exchange; of the total index weight [of the index] component securities comprising, in the and at least 80% of the total number of aggregate, 25 percent of the index’s (9) An equal dollar-weighted index component securities in the index weighting, such securities shall be will be rebalanced at least once every [satisfy] must meet the requirements of ranked from lowest to highest dollar calendar year; Rule 5.3 applicable to individual value of average daily trading volume (10) If the underlying index is underlying securities[:]; and shall be included in the calculation maintained by a broker-dealer, the [(8)] (7)(i) Each [All] component based on their ranking starting with the index is calculated by a third party who [securities] security in the index is a lowest ranked security; is not a broker-dealer, and the broker- [are] ‘‘reported security [securities]’’ as (2) The index is capitalization- dealer has in place an information defined in Rule 11Aa3–1 under the weighted, modified capitalization- barrier around its personnel who have Exchange Act[:]; or weighted, price-weighted, share- access to information concerning [(9)] (ii) [Non-U.S. component] weighted, equal dollar-weighted, or changes in and adjustments to the Foreign securities [(stocks or ADRs)] or modified equal-dollar weighted; index;

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(11) Each component security in the changes in and adjustments to the comments it received on the proposed index is registered pursuant to Section index; rule change. The text of these statements 12 of the Exchange Act; and (9) In a capitalization-weighted index may be examined at the places specified (12) Cash settled index options are the lesser of: (1) the five highest in Item IV below. The CBOE has designated as AM-settled index options. weighted component securities in the prepared summaries, set forth in [(c)](d) The following maintenance index each have had an average daily sections A, B, and C below, of the most listing standards shall apply to each trading volume of at least 45,500 shares significant aspects of such statements. class of index options originally listed over the past six months; or (2) the A. Self-Regulatory Organization’s pursuant to paragraph (b) or (c) above: highest weighted component securities Statement of the Purpose of, and (1) The index meets the criteria of in the index that in the aggregate represent at least 30% of the total Statutory Basis for, the Proposed Rule paragraph (b)(1) or (c)(1) of this Rule; Change [The conditions stated in subparagraphs number of stocks in the index each have (b)(1), (3), (6), (7), (8), (9), (10), (11) and had an average daily trading volume of 1. Purpose (12) must continue to be satisfied, at least 45,500 shares over the past six months; The CBOE states that the proposed provided that the conditions stated in rule change amends CBOE Rule 24.2 to subparagraphs (b)(6) must be satisfied [(2)](10) The total number of component securities in the index may make it consistent with listing standards only as of the first day of January and applicable to futures on narrow-based July in each year:] not increase nor decrease by more than 1 security indexes, as defined and 33 ⁄3% from the number of component (2) Subject to subparagraphs (4) and permitted under the Commodity Futures (9) below, the component securities that securities in the index at the time of its initial listing; [and in no event may be Modernization Act of 2000 (‘‘CFMA’’), account for at least 90% of the total and adds listing standards for options index weight and at least 80% of the less than nine component securities: (3) Trading volume of each on broad-based security indexes. The total number of component securities in component security in the index must CBOE states that the proposed rule the index must meet the requirements of be at least 500,000 shares for each of the change adopts criteria, which follows, Rule 5.3; last six months, except that for each of for the most part, the definition of (3) Each component security in the the lowest weighted component ‘‘narrow-based security index’’ in the index has a market capitalization of at securities in the index that in the CFMA and makes changes to CBOE’s least $75 million, except that each of the aggregate account for no more than 10% current listing standards for options on lowest weighted component securities of the weight of the index, trading narrow-based security indexes to that in the aggregate account for no volume must be at least 400,000 shares conform with the Bulletin issued by the more than 10% of the weight of the for each of the last six months: Division that suggested listing standards index may have a market capitalization (4) In a capitalization-weighted index, for futures on a narrow-based security of only $50 million; the lesser of the five highest weighted index (‘‘Division’s Bulletin’’).5 The (4) The average daily trading volume component securities in the index or the proposed rule change would amend the in each of the preceding six months for highest weighted component securities current initial listing standards for each component security in the index is in the index that in the aggregate options on narrow-based security at least 22,750 shares, except that each represent at least 30% of the total indexes in CBOE Rule 24.2, amend of the lowest weighted component number of stocks in the index each have CBOE Rule 24.2 to add new initial securities in the index that in the had an average monthly trading volume listing standards for options on broad- aggregate account for not more than of at least 1,000,000 shares over the past based security indexes, and provide for 10% of the weight of the index may six months.] maintenance standards for both narrow- have an average daily trading volume of (11) Each component security in the based security indexes and broad-based at least 18,200 shares for each of the last index is registered pursuant to Section security indexes. six months; 12 of the Exchange Act; and The CBOE states that the proposed (5) Each component security in the (12) In the event a class of index rule change incorporates the definition index is options listed on the Exchange fails to of a narrow-based security index in the (i) a ‘‘reported security’’ as defined in satisfy the maintenance listing CFMA 6 into the listing standards for Rule 11A3–1 under the Exchange Act; or standards set forth herein, the Exchange options on a narrow-based security (ii) Foreign securities or ADRs thereon shall not open for trading any additional index. Thus, the proposed rule change that are not subject to comprehensive series of options of that class unless would require that the index be a surveillance sharing agreements do not such failure is determined by the narrow-based security index: represent more than 20$ of the weight Exchange not to be significant and the (1) That has 9 or fewer component of the index; Commission concurs in that securities, or (6) The current underlying index determination, or unless the continued (2) In which a component security value will be reported at least once listing of that class of index options has comprises more than 30% of the index’s every fifteen seconds during the time the been approved by the Commission weighting, or index options are traded on the under section 19(b)(2) of the Exchange (3) In which the 5 highest weighted Exchange; Act. component securities in the aggregate (7) An equal dollar-weighted index * * * * * comprise more than 60% of the index’s will be rebalanced at least once every weighting, or calendar year; II. Self-Regulatory Organization’s (4) In which the lowest weighted (8) If the underlying index is Statement of the Purpose of, and component securities comprising, in the maintained by a broker-dealer, the Statutory Basis for, the Proposed Rule index is calcualted by a third party who Change 5 U.S. Securities and Exchange Commission, is not a broker-dealer, and the broker- In its filing with the Commission, Division of Market Regulation: Staff Legal Bulletin No. 15: Listing Standards for Trading Security dealer has in place an information CBOE included statements concerning Futures Products (September 5, 2001). barrier around its personnel who have the purpose of and basis for the 6 Section 201 of the CFMA; 15 U.S.C. access to information concerning proposed rule change and discussed any 78c(a)(55)(B).

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aggregate, 25% of the index’s weighting composed of two or more securities as undergoing the corporate action is have an aggregate dollar value of comparable to listing standards for affected, which mimics the impact on a averaged daily trading volume of less options traded on a national securities replicating portfolio. For example, the than $50 million (or in the case of an exchange or national securities index is adjusted for a stock split by index with 15 or more component association.7 The proposed rule change multiplying the adjustment factor of the securities, $30 million), except that if proposes two additional weighting affected stock by its split ratio. The there are 2 or more securities with equal methodologies, modified equal-dollar index is adjusted for spin-offs and other weighting that could be included in the weighted and share-weighted. The distributions, excluding regular cash calculation of the lowest weighted CBOE states that it is relevant that dividends, by taking the value of the component securities comprising, in the Commission has approved options on property being distributed and then aggregate, 25% of the index’s weighting, certain individual modified equal-dollar changing the adjustment factor to reflect such securities shall be ranked from weighted indexes.8 the purchase of additional shares of the lowest to highest dollar value of average The CBOE states that a share- index component. Unlike a daily trading volume and shall be weighted index is designed to mimic the capitalization-weighted index, share- included in the calculation based on value of a portfolio consisting of two or weighted indexes are not adjusted to their ranking starting with the lowest more securities. The weight of each reflect changes in the number of ranked security. component security is calculated by outstanding shares of its constituents. The CBOE states that the proposed multiplying the price of the component For example, if a company issued rule change also makes other security by an adjustment factor. additional shares, this would not impact modifications to be consistent with the Adjustment factors are chosen to reflect a share-weighted index. Example: Division’s Bulletin. The proposed rule the investment objective deemed Adjusting a share-weighted index to change requires that all component appropriate by the designer of the reflect a 2-for-1 stock split in the shares securities of a narrow-based and broad- index.9 The value of the index is of one of its components. based security index be registered calculated by adding the weight of each Consider the following share- pursuant to Section 12 of the Act. component security and dividing the weighted index. Stock 2 has declared a Consistent with the Division’s Bulletin, total by an index divisor.10 2-for-1 split and the prices listed below the proposed rule change would also Unlike other indexes currently represent the closing prices for each permit an index to be modified available, share-weighted indexes do index component on the business day capitalization-weighted index. The not require divisor changes in order to immediately prior to the ex-distribution Division’s Bulletin lists modified adjust for corporate actions. Rather, a date. The index divisor, which was capitalization-weighted in its sample change is made to the adjustment factor chosen to yield a benchmark level of initial eligibility criteria for a security for a particular stock undergoing the 100, is 1.00. Therefore, the closing index futures product based on an index corporate action. Thus, only the stock level prior to the ex-date is 91.00.

Price Adjustment Component Component factor Pi x Ai weight (Pi) (Ai) (in percent)

Stock 1 ...... $23 $1.25 28.75 31.59 Stock 2 ...... 92 0.5 46 50.55 Stock 3 ...... 5 1.25 6.25 6.87 Stock 4 ...... 8 1.25 10 10.99

Total ...... 91 100.00

As shown in the table below, the 2 ($46) is adjusted by dividing the pre- price of Stock 2. Furthermore, the sum adjustment to reflect the 2-for-1 split split price ($92) by the split ratio. of the products (Pi x Ai and individual would require that the Adjustment The product of the new Adjustment component weights are exactly the same Factor for Stock 2 be multiplied by the Factor and the post-split price of Stock as before the split, and the index divisor split ratio (2), thereby changing it from 2 is exactly the same as product of the remains unchanged at 1.00. 0.5 to 1.0. The post-split price of Stock old Adjustment Factor and pre-split

7 See III.A.(ii)(a) of the Division’s of Market 8 Securities Exchange Act Release No. 36623 Act Release No. 40761, 63 FR 70952, 70961) Regulation: Staff Legal Bulletin No. 15: Listing (December 21, 1995), 60 FR 67379 (December 29, (December 22, 1998). See also Securities Exchange Standards for Trading Security Futures Products 1995) (approving options on the CBOE Automotive Act Release No. 42787, 65 FR 33598 (May 24, 2000) (September 5, 2001). See also Securities Exchange Index, which is modified equal-dollar weighted). In (amending Rule 1000A to permit the index Act Release No. 42787, 65 FR 33598 (May 24, 2000) the Commission’s release adopting final rules underlying a series of Index Fund Shares to be (amending Rule 1000A to permit the index regarding new derivative securities products, it calculated based on modified equal-dollar underlying a series of Index Fund Shares to be noted that ‘‘[t]he index underlying a new derivative weighting methodology, among others). securities product should be constructed according calculated based on modified market capitalization 9 For example, an index designer might want to to established criteria for initial inclusion of new weighting methodology, among others); Securities apply an adjustment factor in order to prevent one component securities. SROs seeking to rely on the Exchange Act Release No. 43912 (January 31, 2001), proposed amendment should employ objective or a few components from dominating the weight 66 FR 9401 (February 7, 2001) (permitting an index index construction standards that include a of the index. This is similar to an adjustment factor underlying a series of Index Fund Shares to be minimum number of component securities and a in other types of weighting methods such as calculated on modified market capitalization); and fixed and objective weighting methodology (e.g., modified capitalization weighted indexes. Philadelphia Stock Exchange Rule 1009A(b)(2), capitalization weighted, price weighted, equal- 10 The index ‘‘divisor’’ is calculated to yield a which permits a narrow-based index to be modified dollar weighted or modified equal-dollar benchmark index level (50, 100, 200, etc. as of a capitalization-weighted. weighted.’’) (footnote omitted.) Securities Exchange particular date.

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Price Adjustment Component Component factor Pi x Ai weight (Pi) (Ai) (in percent)

Stock 1 ...... $23 1.25 28.75 31.59 Stock 2 ...... 46 1.0 46 50.55 Stock 3 ...... 5 1.25 6.25 6.87 Stock 4 ...... 8 1.25 10 10.99

Total ...... 91 100.00

The proposed rule change also rule change would permit CBOE to more 0609. Copies of the submission, all amends paragraph (c) to add listing effectively bring new products to the subsequent amendments, all written standards for options on a broad-based marketplace for competition, as well as statements with respect to the proposed security index. The CBOE states that permit CBOE to compete with other new rule change that are filed with the these listing standards follow, for the products in the marketplace, such as Commission, and all written most part, the listing standards for security futures. communications relating to the proposed rule change between the options on narrow-based security B. Self-Regulatory Organization’s Commission and any person, other than indexes. However, the criteria Statement on Burden on Competition specifically discussed above, regarding those that may be withheld from the the composition of a narrow-based CBOE states that this proposed rule public in accordance with the security index, was reversed for the change, as amended, does not impose provisions of 5 U.S.C. 552, will be composition of a broad-based security any burden on competition that is not available for inspection and copying in index. For example, for a broad-based necessary or appropriate in furtherance the Commission’s Public Reference security index the index must have 10 of the purposes of the Act. Room. Copies of such filing will also be or more component securities. C. Self-Regulatory Organization’s available for inspection and copying at The proposed rule change amends the Statement on Comments on the the principal office of CBOE. All maintenance standards by moving them Proposed Rule Change Received From submissions should refer to File No. to new paragraph (d) and making them Members, Participants or Others SR–CBOE–2002–24 and should be applicable to both the narrow-based submitted by November 6, 2002. No written comments were solicited security indexes and the broad-based or received with respect to the proposed For the Commission, by the Division of security indexes. The CBOE states that rule change. Market Regulation, pursuant to delegated the maintenance standards listed in the authority.13 proposed rule change also follows the III. Date of Effectiveness of the Jill M. Peterson, Division’s Bulletin for the most part. Proposed Rule Change and Timing for Assistant Secretary. CBOE believes that the proposed rule Commission Action [FR Doc. 02–26202 Filed 10–15–02; 8:45 am] change would assist CBOE in providing Within 35 days of the date of BILLING CODE 8010–01–M new products to the marketplace in an publication of this notice in the Federal efficient and expeditious manner. The Register or within such longer period (i) CBOE states that this in turn would as the Commission may designate up to DEPARTMENT OF STATE benefit investors by providing them 90 days of such date if it finds such [Public Notice 4162] with new products, in a more timely longer period to be appropriate and fashion and provide more competition. publishes its reasons for so finding or Culturally Significant Objects Imported 2. Statutory Basis (ii) as to which the CBOE consents, the for Exhibition; Determinations: Giorgio Commission will: De Chirico and the Myth of Ariadne CBOE believes the proposed rule (A) By order approve such proposed change, as amended, is consistent with rule change, or ACTION: Notice. Section 6(b) of the Act 11 in general and (B) institute proceedings to determine furthers the objectives of Section whether the proposed rule change SUMMARY: Notice is hereby given of the 6(b)(5) 12 in particular in that it should should be disapproved. following determinations: Pursuant to promote just and equitable principles of the authority vested in me by the Act of trade, remove impediments to and IV. Solicitation of Comments October 19, 1965 (79 Stat. 985; 22 U.S.C. perfect the mechanism of a free and Interested persons are invited to 2459), Executive Order 12047 of March open market and a national market submit written data, views and 27, 1978, the Foreign Affairs Reform and system, and protect investors and the arguments concerning the foregoing, Restructuring Act of 1998 (112 Stat. public interest. CBOE believes that the including whether the proposed rule 2681, et seq.; 22 U.S.C. 6501 note, et adoption of the proposed rule change change, as amended, is consistent with seq.), Delegation of Authority No. 234 of will enable CBOE to act expeditiously in the Act. The Commission solicits October 1, 1999, and Delegation of listing new options on narrow-based comment on whether the existing Authority No. 236 of October 19, 1999, and broad-based security indexes. In position limits are adequate to address as amended, I hereby determine that the addition, CBOE believes that the manipulation concerns for both cash objects to be included in the exhibition proposed rule change would remove settled and physically settled index ‘‘Giorgio De Chirico and the Myth of impediments to a free and open market options, particularly narrow-based Ariadne,’’ imported from abroad for place by providing competition for new index options. Persons making written temporary exhibition within the United products. CBOE states that the proposed submissions should file six copies States, are of cultural significance. The thereof with the Secretary, Securities objects are imported pursuant to loan 11 15 U.S.C. 78f(b). and Exchange Commission, 450 Fifth 12 15 U.S.C. 78f(b)(5). Street, NW., Washington, DC 20549– 13 17 CFR 200.30–3(a)(12).

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agreements with the foreign owners. I and Public Diplomacy, Economic Durkin, Director for Central America also determine that the exhibition or Bureau, U.S. Department of State, at and the Caribbean, (202) 395–6135. display of the exhibit objects at the (202) 647–1310. SUPPLEMENTARY INFORMATION: Philadelphia Museum of Art, Daniel A. Clune, Philadelphia, PA, from on or about 1. Background November 3, 2002, to on or about Director, Office of Economic Policy and Public Under section 2104 of the Bipartisan Diplomacy, Bureau of Economic and Business Trade Promotion Authority Act of 2002 January 5, 2003, and at possible Affairs, Department of State. additional venues yet to be determined, (TPA Act) (19 U.S.C. 3804), for [FR Doc. 02–26292 Filed 10–15–02; 8:45 am] is in the national interest. Public Notice agreements that will be approved and of these Determinations is ordered to be BILLING CODE 4710–07–P implemented through TPA procedures, published in the Federal Register. the President must provide the Congress FOR FURTHER INFORMATION CONTACT: For with at least 90 days written notice of OFFICE OF THE UNITED STATES further information, including a list of his intent to enter into negotiations and TRADE REPRESENTATIVE the exhibit objects, contact Julianne must identify the specific objectives for Simpson, Attorney-Adviser, Office of the negotiations. Before and after the Request for Comments and Notice of submission of this notice, the President the Legal Adviser, U.S. Department of Public Hearing Concerning Proposed State, (telephone: 202/619–6529). The must consult with appropriate United States—Central America Free Congressional committees and the address is U.S. Department of State, SA– Trade Agreement 44, 301 4th Street, SW., Room 700, Congressional Oversight Group Washington, DC 20547–0001. AGENCY: Office of the United States regarding the negotiations. Under the Trade Act of 1974, as amended, the Dated: October 10, 2002. Trade Representative. ACTION: President must (i) afford interested Patricia S. Harrison, Notice of intent to initiate negotiations on a free trade agreement persons an opportunity to present their Assistant Secretary for Educational and views regarding any matter relevant to Cultural Affairs, Department of State. between the United States and Central America, request for comments, and any proposed agreement, (ii) designate [FR Doc. 02–26293 Filed 10–15–02; 8:45 am] notice of public hearing. an agency or inter-agency committee to BILLING CODE 4710–08–P hold a public hearing regarding any SUMMARY: The United States intends to proposed agreement, and (iii) seek the initiate negotiations with five Central advice of the U.S. International Trade DEPARTMENT OF STATE American countries on a free trade Commission (ITC) regarding the [Public Notice 4089] agreement. The interagency Trade probable economic effects on U.S. Policy Staff Committee (TPSC) will industries and consumers of the Advisory Committee on International convene a public hearing and seek removal of tariffs and non-tariff barriers Economic Policy; Notice of Committee public comment to assist the United on imports pursuant to any proposed Renewal States Trade Representative (USTR) in agreement. amplifying and clarifying negotiating On October 1, 2002, after consulting 1. Renewal of Advisory Committee. objectives for the proposed agreement with relevant Congressional committees The Department of State has renewed and to provide advice on how specific and the Congressional Oversight Group, the Charter of the Advisory Committee goods and services and other matters the USTR notified the Congress that the on International Economic Policy. The should be treated under the proposed President intends to initiate free trade Committee serves in a solely advisory agreement. agreement negotiations with the five capacity concerning major issues and member countries of the Central problems in international economic DATES: Persons wishing to testify orally American Economic Integration System policy. The Committee provides at the hearing must provide written (Costa Rica, El Salvador, Honduras, information and advice on the effective notification of their intention, as well as Guatemala, and Nicaragua) (hereinafter integration of economic interests into their testimony, by November 12, 2002. Central America) and identified specific overall foreign policy and on the A hearing will be held in Washington, objectives for the negotiations. In Department of State’s role in advancing DC, beginning on November 19, 2002, addition, the USTR has requested the American commercial interests in a and will continue as necessary on ITC’s probable economic effects advice. competitive global economy. The subsequent days. Written comments are The ITC intends to provide this advice Committee also appraises the role and due by noon, December 2, 2002. on December 27, 2002. This notice limits of international economic ADDRESSES: Submissions by electronic solicits views from the public on these institutions and advises on the mail: [email protected] (notice of intent negotiations and provides information formulation of U.S. economic policy to testify and written testimony); on a hearing which will be conducted and positions. [email protected] (written comments). pursuant to the requirements of the This Committee includes Submissions by facsimile: Gloria Blue, Trade Act of 1974. representatives of American Executive Secretary, Trade Policy Staff organizations and institutions having an Committee, at (202) 395–6143. 2. Public Comments and Testimony interest in international economic The public is strongly encouraged to To assist the Administration as it policy, including representatives of submit documents electronically rather continues to develop its negotiating American business, labor unions, public than by facsimile. (See requirements for objectives for the proposed agreement, interest groups, and trade and submissions below.) the Chairman of the TPSC invites professional associations. The FOR FURTHER INFORMATION CONTACT: For written comments and/or oral testimony Committee meets at least annually to procedural questions concerning written of interested persons at a public hearing. advise the Department on the full range comments or participation in the public Comments and testimony may address of international economic policies and hearing, contact Gloria Blue, Executive the reduction or elimination of tariffs or issues. Secretary, Trade Policy Staff Committee, non-tariff barriers on any articles For further information, please call at (202) 395–3475. All other questions provided for in the Harmonized Tariff Eliza Koch, Office of Economic Policy should be directed to Andrea Gash Schedule of the United States (HTSUS)

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that are products of a Central American A hearing will be held on November confidential version should begin with country, any concession which should 19, 2002, in Rooms 1 and 2, 1724 F the characters ‘‘BC-’’, and the file name be sought by the United States, or any Street, NW., Washington, DC. If of the public version should begin with other matter relevant to the proposed necessary, the hearing will continue on the characters ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ agreement. The TPSC invites comments subsequent days. Persons wishing to should be followed by the name of the and testimony on all of these matters testify at the hearing must provide submitter. Persons who make and, in particular, seeks comments and written notification of their intention by submissions by e-mail should not testimony addressed to: November 12, 2002. The notification provide separate cover letters; (a) General and commodity-specific should include: (1) The name, address, information that might appear in a cover negotiating objectives for the proposed and telephone number of the person letter should be included in the agreement. presenting the testimony; and (2) a short submission itself. To the extent (b) Economic costs and benefits to U.S. (one or two paragraph) summary of the possible, any attachments to the producers and consumers of removal of presentation, including the subject submission should be included in the tariffs and non-tariff barriers to U.S.-Central matter and, as applicable, the product(s) same file as the submission itself, and American trade. (with HTSUS numbers), service not as separate files. (c) Treatment of specific goods (described sector(s), or other subjects (such as Written comments, notice of by Harmonized System tariff numbers) under investment, intellectual property and/or testimony, and testimony will be placed the proposed agreement, including comments government procurement) to be in a file open to public inspection on (1) product-specific import or export pursuant to 15 CFR 2003.5, except interests or barriers, (2) experience with discussed. A copy of the testimony must particular measures that should be addressed accompany the notification. Remarks at business confidential information in the negotiations, and (3) in the case of the hearing should be limited to no exempt from public inspection in articles for which immediate elimination of more than five minutes to allow for accordance with 15 CFR 2003.6. tariffs is not appropriate, a recommended possible questions from the TPSC. Business confidential information staging schedule for such elimination. Persons with mobility impairments who submitted in accordance with 15 CFR (d) Adequacy of existing customs measures will need special assistance in gaining 2003.6 must be clearly marked to ensure Central American origin of access to the hearing should contact the ‘‘Business Confidential’’ at the top of imported goods, and appropriate rules of TPSC Executive Secretary. each page, including any cover letter or origin for goods entering the United States Interested persons, including persons cover page, and must be accompanied under the proposed agreement. who participate in the hearing, may by a nonconfidential summary of the (e) Existing Central American sanitary and phytosanitary measures and technical submit written comments by noon, confidential information. All public barriers to trade. December 2, 2002. Written comments documents and nonconfidential (f) Existing barriers to trade in services may include rebuttal points summaries shall be available for public between the United States and Central demonstrating errors of fact or analysis inspection in the USTR Reading Room. America that should be addressed in the not pointed out in the hearing. All The USTR Reading Room is open to the negotiations. written comments must state clearly the public, by appointment only, from 10 (g) Relevant trade-related intellectual position taken, describe with a.m. to 12 noon and 1 p.m. to 4 p.m., property rights issues that should be particularity the supporting rationale, Monday through Friday. An addressed in the negotiations. and be in English. The first page of appointment to review the file must be (h) Relevant investment issues that should written comments must specify the be addressed in the negotiations. scheduled at least 48 hours in advance (i) Relevant government procurement subject matter, including, as applicable, and may be made by calling (202) 395– issues that should be addressed in the the product(s) (with HTSUS numbers), 6186. negotiations. service sector(s), or other subjects (such General information concerning the (j) Relevant environmental issues that as investment, intellectual property Office of the United States Trade should be addressed in the negotiations. and/or government procurement). Representative may be obtained by (h) Relevant labor issues that should be 3. Requirements for Submissions accessing its Internet Web site (http:// addressed in the negotiations. www.ustr.gov). (i) Relevant government procurement In order to facilitate prompt issues that should be addressed in the processing of submissions, the Office of Carmen Suro-Bredie, negotiations. the United States Trade Representative Chairman, Trade Policy Staff Committee. (j) Relevant environmental issues that strongly urges and prefers electronic (e- [FR Doc. 02–26200 Filed 10–15–02; 8:45 am] should be addressed in the Negotiations. (h) Relevant labor issues that should be mail) submissions in response to this BILLING CODE 3190–01–P addressed in the negotiations. notice. In the event that an e-mail submission is impossible, submissions Comments identifying as present or should be made by facsimile. DEPARTMENT OF TRANSPORTATION potential trade barriers laws or Persons making submissions by e- regulations that are not primarily trade- mail should use the following subject Federal Aviation Administration related should address the economic, line: ‘‘United States—Central America political and social objectives of such Free Trade Agreement’’ followed by (as Notice of Intent To Request Renewal regulations and the degree to which appropriate) ‘‘Notice of Intent to From the Office of Management and they discriminate against producers of Testify,’’ ‘‘Testimony,’’ or ‘‘Written Budget (OMB) of Six Current Public the other country. At a later date, the Comments.’’ Documents should be Collections of Information USTR, through the TPSC, will publish submitted as either WordPerfect, AGENCY: Federal Aviation notice of reviews regarding (a) the MSWord, or text (.TXT) files. Administration (FAA), DOT. possible environmental effects of the Supporting documentation submitted as ACTION: Notice. proposed agreement and the scope of spreadsheets are acceptable as Quattro the U.S. environmental review of the Pro or Excel. For any document SUMMARY: In compliance with the proposed agreement, and (b) the impact containing business confidential Paperwork Reduction Act (44 U.S.C of the proposed agreement on U.S. information submitted electronically, 3501 et seq.), the FAA invites public employment and labor markets. the file name of the business comment on six currently approved

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public information collections which conveyances. The information collected of Federal Regulations (14 CFR), this will be submitted to OMB for renewal. is used to ensure proper compliance notice contains a summary of certain DATES: Comments must be received on with the provisions of this regulation petitions seeking relief from specified or before December 16, 2002. and to ensure that the national air requirements of 14 CFR. The purpose of ADDRESSES: Comments must be mailed transportation system is secure. The this notice is to improve the public’s or delivered to the FAA at the following current estimated annual reporting awareness of, and participation in, this address: Ms. Judy Street, Room 613, burden is 55,406 hours. aspect of FAA’s regulatory activities. Federal Aviation Administration, 4. 2120–0606, Fleet and Operations Neither publication of this notice nor Standards and Information Division, Reporting: Grand Canyon National Park. the inclusion or omission of information APF–100, 800 Independence Ave., SW., The information is needed to establish in the summary is intended to affect the Washington, DC 20591. accurate information on overflights of legal status of any petition or its final Grand Canyon National Park for noise FOR FURTHER INFORMATION CONTACT: Ms. disposition. and safety management purposes, Judy Street at the above address or on DATES: Comments on petitions received (202) 267–9895. validate noise models for use in mitigation studies, determine when and must identify the petition docket SUPPLEMENTARY INFORMATION: In where noise mitigation is required, and number involved and must be received accordance with the Paperwork provide the basis for a flexible and on or before November 15, 2002. Reduction Act of 1995, an agency may adaptable noise management system. ADDRESSES: Send comments on any not conduct or sponsor, and a person is The current estimated annual reporting petition to the Docket Management not required to respond to a collection burden is 48 hours. System, U.S. Department of of information unless it displays a 5. 2120–0608, Commercial Space Transportation, Room Plaza 401, 400 currently valid OMB control number. Transportation Licensing Regulations. Seventh Street, SW., Washington, DC Therefore, the FAA solicits comments The required information is used to 20590–0001. You must identify the on the following current collections of determine if applicant proposals for docket number FAA–200X–XXXXX at information in order to evaluate the conducting commercial space launches the beginning of your comments. If you necessity of the collection, the accuracy can be accomplished in a safe manner wish to receive confirmation that FAA of the agency’s estimate of the burden, according to regulations and license received your comments, include a self- the quality, utility, and clarity of the orders by the Office of the Associate addressed, stamped postcard. information to be collected, and Administrator for Commercial Space You may also submit comments possible ways to minimize the burden of Transportation. The current estimated through the Internet to http:// the collection in preparation for annual reporting burden is 3,236 hours. dms.dot.gov. You may review the public submission to renew the clearances of 6. 2120–0652, Changes in Permissible docket containing the petition, any the following information collections. Stage 2 Airplane Operations. The 1. 2120–0026, Domestic and comments received, and any final information collected is used by the disposition in person in the Dockets International Flight Plans. Title 49 FAA to issue special flight authorization U.S.C., paragraph 40103(b) authorizes Office between 9 a.m. and 5 p.m., for nonrevenue operations of Stage 2 Monday through Friday, except Federal regulations governing the flight of the airplanes at U.S. Airports. Since this aircraft. 14 CFR 91 prescribes holidays. The Dockets Office (telephone information is voluntarily submitted, 1–800–647–5527) is on the plaza level requirements for filing domestic and operators only need to provide international flight plans. The of the NASSIF Building at the information when they need a special Department of Transportation at the information is collected to provide flight authorization. The current services to aircraft inflight and above address. Also, you may review estimated annual reporting burden is 25 public dockets on the Internet at http:/ protection of persons and property of hours. the ground. The current estimated /dms.dot.gov. annual reporting burden is 293,072 Issued in Washington, DC, on October 8, FOR FURTHER INFORMATION CONTACT: 2002. hours. Sandy Buchanan-Sumter, Office of 2. 2120–0039, Operating Judith D. Street, Rulemaking (ARM–1), Federal Aviation Requirements: Commuter and On- FAA Information Collection Clearance Administration, 800 Independence Demand Operation—14 CFR Part 135. Officer, APF–100. Avenue, SW., Washington, DC 20591. Title 49 U.S.C., Section 44702, [FR Doc. 02–26279 Filed 10–15–02; 8:45 am] Tel. (202) 267–7271. authorizes the issuance of air carrier BILLING CODE 4910–13–M This notice is published pursuant to operating certificates, 14 CFR Part 135 14 CFR 11.85 and 11.91. prescribes requirements for Air Carrier/ DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on October 10, Commercial Operators. The information 2002. collected shows compliance and Federal Aviation Administration Donald P. Byrne, applicant eligibility for these operating certificates. The current estimated [Summary Notice No. PE–2002–59] Assistant Chief Counsel for Regulations. annual reporting burden is 1,128,904 Petitions for Exemption hours. Petitions for Exemption; Summary of 3. 2120–0043, Recording of Aircraft Petitions Received Docket No.: FAA–2002–13154. Petitioner: Lauda Air Luftfahrt AG. Conveyances and Security Documents. AGENCY: Federal Aviation Title 49, U.S.C., Section 44108 provides Administration (FAA), DOT. Section of 14 CFR Affected: 14 CFR 129.28. for establishing and maintaining a ACTION: Notice of petitions for system for recording of security exemption received. Description of Relief Sought: To conveyances affecting title to, or interest permit Lauda Air Luftfahrt AG to in, U.S. civil aircraft, as well as certain SUMMARY: Pursuant to FAA’s rulemaking operate its B–767 aircraft into U.S. specifically identified engines, provisions governing the application, airspace with cockpit doors that do not propellers, or spare parts locations, and processing, and disposition of petitions incorporate features to restrict the for recording of releases relating to those for exemption part 11 of Title 14, Code unwanted entry of persons into the

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flightdeck that are operable from the submitted by the city of Santa Barbara SUMMARY: The Federal Transit flightdeck only. was substantially complete within the Administration (FTA) is issuing this [FR Doc. 02–26287 Filed 10–15–02; 8:45 am] requirements of section 158.25 of part notice to advise agencies and the public 158. The FAA will approve or that, in accordance with the National BILLING CODE 4910–13–P disapprove the application, in whole or Environmental Policy Act, FTA and the in part, no later than December 28, NJ TRANSIT Corporation will prepare a DEPARTMENT OF TRANSPORTATION 2002. Draft Environmental Impact Statement The following is a brief overview of (DEIS) to evaluate and document the Federal Aviation Administration the impose and use application number effects of potential rail service 02–03–C–00–SBA. alternatives within a three county study Notice of Intent To Rule on Application Proposed charge effective date: July 1, area bounded by the Northeast Corridor, To Impose and Use the Revenue From 2005. the North Jersey Coast Line and the a Passenger Facility Charge (PFC) at Proposed charge expiration date: May southern Ocean County border, located Santa Barbara Municipal Airport, 1, 2006. within Monmouth, Ocean, and Goleta, CA Level of the proposed PFC: $3.00. Middlesex Counties, New Jersey. Total estimated PFC revenue The purpose of the Monmouth-Ocean- AGENCY: Federal Aviation approved in this application: Middlesex Rail Project DEIS is to Administration (FAA), DOT. $1,142,000. examine the potential benefits, costs, ACTION: Notice of intent to rule on Brief description of proposed use of and social, economic, and application. PFC revenue projects: Master Plan environmental impacts of feasible Implementation Plan Project/Taxiway A alternatives for improving mobility in SUMMARY: The FAA proposes to rule and the Monmouth-Ocean-Middlesex region. invites public comment on the and Safety Area; Master Plan The DEIS will identify a preferred application to impose and use the Implementation Aviation Facilities alternative that will improve mobility revenue from a PFC at Santa Barbara Plan/Runway Safety Areas. within that region. The DEIS will Municipal Airport under the provisions Brief description of proposed impose evaluate a Baseline Alternative and of the 49 United States Code (U.S.C.) and use Projects: Taxiway B Runway three Commuter Rail Alternatives of section 40117 and Part 158 of the Relocation; Master Plan Implementation differing alignment. The Monmouth Federal Aviation Regulations (14 CFR Plan Project/Taxiway M Runway Junction Commuter Rail Alternative Part 158). Incursion Projects; Master Plan Implementation Plan Project/New would use an existing rail corridor that DATES: Comments must be received on Taxiway Q. Class or classes of air runs from Monmouth Junction to or before November 15, 2002. carriers which the public agency has Lakehurst along the Jamesburg Branch, ADDRESSES: Comments on this requested not be required to collect the Freehold Secondary, and the application may be mailed or delivered PFCs: Unscheduled Air Taxi Operators Southern Secondary (Southern Branch) in triplicate to the FAA at the following Operating under FAR part 135. to provide diesel commuter rail service address: Federal Aviation Any person may inspect the to communities in all three counties. Administration, Airports Division, application in person at the FAA The Red Bank Commuter Rail 15000 Aviation Blvd., Room 3012, Regional Airports Division located at: Alternative would also use an existing Lawndale, CA 90261. In addition, one Federal Aviation Administration, rail corridor—continuously from Red copy of any comments submitted to the Airports Division, 15000 Aviation Blvd., Bank to Lakehurst along the Southern FAA must be mailed or delivered to Ms. Lawndale, CA 90261. In addition, any Secondary (Southern Branch). The Karen Ramsdell, Airport Director, Santa person may, upon request, inspect the Matawan Commuter Rail Alternative Barbara Municipal Airport at the application, notice and other documents would use the abandoned Freehold following address: 601 Firestone Road, germane to the application in person at Branch, Freehold Secondary, and the Goleta, CA 93117. Air carriers and the city of Santa Barbara. Southern Secondary to provide diesel foreign air carriers may submit copies of commuter rail service from Matawan to written comments previously provided Issued in Lawndale, California, on October 2, 2002. Lakehurst. All three alternatives would to the city of Santa Barbara under Mia P. Ratcliff, require improvements to the existing section 158.23 of part 158. track and require the construction of Acting Manager, Airports Division, Western- FOR FURTHER INFORMATION CONTACT: Pacific Region. some new transportation infrastructure, Kevin Flynn, Supervisor, Arizona including tracks, stations and yards. The [FR Doc. 02–26286 Filed 10–15–02; 8:45 am] Standards Section, FAA Airports Commuter Rail Alternatives under Division, 15000 Aviation Blvd., BILLING CODE 4910–13–M consideration were identified and Lawndale, CA 90261, Telephone: (310) preliminarily assessed as part of the 725–3632. The application may be DEPARTMENT OF TRANSPORTATION MOM Draft Major Investment Study reviewed in person at this same (MIS) Report (February 1996), along location. Federal Transit Administration with a recommended Enhanced Bus SUPPLEMENTARY INFORMATION: The FAA service. proposes to rule and invites public Draft Environmental Impact Statement DATES: Comment Due Date: Written comment on the application to impose for the Monmouth-Ocean-Middlesex comments on the scope of the DEIS and use the revenue from a PFC at Santa Rail; Monmouth, Ocean, and Middlesex should be sent to NJ TRANSIT by Barbara Municipal Airport under the Counties, NJ January 31, 2003. See ADDRESSES below. provisions of the 49 U.S.C. section AGENCY: Federal Transit Administration Scoping meeting: Public scoping 40117 and Part 158 of the Federal (FTA). meetings for the Monmouth-Ocean- Aviation Regulations (14 CFR Part 158). Middlesex Rail Project DEIS will be ACTION: Notice of intent to prepare a On September 27, 2002, the FAA held on: Draft Environmental Impact Statement determined that the application to Middlesex County, Tuesday, December (DEIS). impose and use the revenue from a PFC 3, 2002, 1:30 pm to 9:30 pm, Holiday

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Inn—Monroe Township, 390 Forsgate environmental impacts, while achieving Monmouth County Drive, Jamesburg, New Jersey 08831 the similar transportation objectives. Aberdeen Ocean County, Wednesday, December 4, Comments should focus on the issues Colts Neck 2002, 1:30 pm to 9:30 pm, Ramada and alternatives for analysis and not on Eatontown Inn of Toms River, 2373 Route 9, a preference for a particular alternative. Englishtown Toms River, New Jersey 08755 Scoping materials will be available at Farmingdale Monmouth County, Monday, December the meetings or in advance of the Freehold Borough 9, 2002, 1:30 pm to 9:30 pm, Freehold meetings by contacting James Freehold Township Gardens, 50 Gibbon Place, Freehold, Schwarzwalder at NJ TRANSIT, as Howell New Jersey 07728 indicated above. Manalapan Registration to speak will begin at NJ TRANSIT is currently planning a Marlboro 1:30 pm and will remain open until 9 major network expansion project that Matawan pm. has relevance to the MOM DEIS. Access Red Bank People with special needs should to the Region’s Core Study (ARC) is a Shrewsbury Borough contact James Schwarzwalder at NJ joint study being undertaken by NJ Shrewsbury Township TRANSIT at the address below or call TRANSIT, the Port Authority of New Tinton Falls the study toll-free information line at 1– York and New Jersey, and the Wall 866–MOM–DEIS. The buildings are Metropolitan Transportation Authority accessible to people with disabilities. A Ocean County of New York. The ARC study is sign language interpreter will be made evaluating options for improved access Lakewood available for the hearing impaired by to Midtown Manhattan from points east Lakehurst calling the study toll-free information Manchester line at 1–866–MOM–DEIS. and west, with both near- and lone-term alternatives. Near-term alternatives Dover Scoping material will be available at Jackson the meetings and may also be obtained focus on expanding the capacity of Penn in advance of the meetings by Station, while the proposed long-term Middlesex County alternative would create a new trans- contacting James Schwarzwalder at the Jamesburg Hudson tunnel to Penn Station New address below or by calling the study Monroe York and potentially a new Midtown toll-free information line above. Oral South Brunswick and written comments may be given at Manhattan rail tunnel connecting Penn Station and Grand Central Terminal. The purpose of the MOM DEIS is to the scoping meetings; a stenographer examine in further detail the most will record all comments. ARC will provide additional capacity to New York City, thereby potentially promising solutions for addressing ADDRESSES: Written comments on the changing the effects of integrating MOM mobility issues in Monmouth, Ocean, project scope should be sent to James service into existing New Jersey Transit and Middlesex Counties in New Jersey Schwarzwalder, Project Manager, NJ commuter rail services. The MOM DEIS that were identified through the MIS TRANSIT, One Penn Plaza East, will therefore incorporate these process. The focus of the DEIS will be Newark, NJ 07105–2246 or via e-mail to elements of ARC as needed. to identify a preferred alternative to [email protected]. The improve mobility in the region while scoping meetings will be held at the Following the public scoping process, being sensitive to the economic and locations identified above. public outreach activities will include environmental considerations on a local FOR FURTHER INFORMATION CONTACT: If meetings with a Community Liaison and regional basis. you wish to be placed on the mailing Committee (CLC) established for the The following existing and forecasted list to receive further information as the study and comprised of community reasons dictate the need for a study develops, contact James leaders; public meetings and hearings; transportation investment in the Schwarzwalder at the above address or distribution of study newsletter(s); a Monmouth-Ocean-Middlesex region: call the study toll-free information line MOM Study web site; and use of other • Growth and development in the at 1–866–MOM–DEIS. For further outreach mechanisms. Every effort will region continue at high rates; information you may also contact: Ms. be made to ensure that the widest • Increased travel is causing Carmen Orta, AICP, Community possible range of public participants congestion and stretching transit Planner, Office of Planning and Program have the opportunity to attend general capability; Development, Federal Transit public meetings (e.g., scoping meetings • Delay affects all transit users, but Administration, Region II, One Bowling and public hearing(s)) held by NJ commutes by bus or rail from the Green, Room 429, New York, 10004– TRANSIT to solicit input on the southern part of the Study Area 1415; phone: 212–668–2170, fax: 212– Monmouth-Ocean-Middlesex Rail generally take at least two hours from 668–2136. Project DEIS. Attendance will be sought door to door; through mailings, notices, SUPPLEMENTARY INFORMATION: • Air quality is a serious problem; advertisements, and press releases. • Most municipalities in the study I. Scoping II. Description of Primary Study Area area do not have direct access to public The FTA and NJ TRANSIT invite all and Transportation Needs transit in their towns. interested individuals and • Residents in these municipalities organizations, and federal, state, and The primary study area is located in lack rail service and any nearly bus local agencies to provide comments on Monmouth, Ocean, and Middlesex service is often inconvenient and the scope of the study. During the Counties in New Jersey, east of the limited. scoping process, comments should Northeast Corridor, and west of the focus on identifying specific social, North Jersey Coast Line. It is located III. Alternatives economic, or environmental issues to be approximately 22 to 50 miles south of The alternatives proposed for evaluated and suggesting alternatives, Newark, NJ. The municipalities within evaluation include: (1) The Baseline which may be less costly or have less the primary study area are listed below. Alternative, which includes the current

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transportation network plus all ongoing, Dover, Manchester, and South will be available for public and agency programmed, and committed projects, Lakewood. Trains would operate on the review and comment. Public hearing(s) such as the Secaucus Transfer Station North Jersey Coast Line (NJCL) between will be held within the study area. On and the Hudson-Bergen Light Rail Matawana and Rahway and on the the basis of the DEIS and the public and Transit (HBLRT) system; (2) the Northeast Corridor (NEC) from Rahway agency comments received, a locally Monmouth Junction Commuter Rail to Newark. Each of the commuter rail preferred alternative will be selected, to Alternative, which would use an alternatives will involve improvements be further detailed in the FEIS. existing 40.1-mile rail corridor that runs to existing tracks and construction of from Monmouth Junction to Lakehurst, new transportation infrastructure, such Dated: October 9, 2002. through Middlesex, Monmouth, and as tracks, station structures, and yards. Letitia Thompson, Ocean Counties. It is comprised of three IV. Probable Effects Regional Administrator, TRO–II, Federal distinct railroad segments: the Transit Administrator. Jamesburg Branch, the Freehold The FTA and NJ TRANSIT will [FR Doc. 02–26289 Filed 10–15–02; 8:45 am] evaluate all potential changes to the Secondary, and the Southern Secondary BILLING CODE 4910–57–M social, economic, and physical (Southern Branch). Trains on the environment, including land acquisition Monmouth Junction Commuter Rail and displacements; land use, zoning Line would also operate on the DEPARTMENT OF TRANSPORTATION and economic development; parklands; Northeast Corridor between Monmouth community disruption; aesthetics; Junction and Newark. The system Maritime Administration historic and archaeological resources; would provide diesel commuter service traffic and parking; air quality; noise Secretarial Extension of Authority: to communities in all three counties. and vibration; water quality; wetlands; The line would begin at Monmouth Marine War Risk Insurance Under Title ecologically sensitive areas; endangered XII of the Merchant Marine Act, 1936 Junction (South Brunswick) and would species; energy requirements and continue southeast through Jamesburg, potential for conservation; hazardous Englishtown, Manalapan; Freehold On December 12, 2001, President waste; environmental justice; safety and George W. Bush approved the provision Borough, Freehold Township, Howell, security; and cumulative impacts. Key and Farmingdale. It would proceed of vessel war risk insurance by areas of environmental concern would memorandum to the Secretary of State southward from Farmingdale to be in the areas of potential new and the Secretary of Transportation. The Lakehurst passing through Howell, construction (e.g. structures, new approval was for the provision by the Lakewood, Jackson, Dover, and stations, new track, etc.) The impacts Manchester; (3) the Red Bank Commuter will be evaluated both for the Secretary of Transportation of insurance Rail Alternative uses the 27.65-mile construction period and for the long- or reinsurance of vessels (including long Southern Secondary, which runs term period of operation of each cargoes and crews) entering the Middle continuously from Red Bank to alternative. Measures to mitigate any East region against loss or damage by Lakehurst. The line would be accessed significant adverse impacts will be war risks in the manner and to the from a direct connection with NJ identified. extent approved in Title XII of the Act, TRANSIT’s North Jersey Coast Line 46 U.S.C. App. 128. 1281, et seq. (NJCL) in Red Bank. The railroad is V. FTA Procedures The President delegated to the owned by the NJ TRANSIT and is The DEIS is being prepared in Secretary of Transportation the operated as a freight railroad by Conrail accordance with the National authority vested in him by section 1202 Shared Assets Corporation. This Environmental Policy Act of 1969 commuter rail alternative would (NEPA), as amended, and implemented of the Act to approve the provision of establish diesel commuter rail service by the Council on Environmental insurance or reinsurance after the from Red Bank junction through Quality (CEQ) regulations (40 CFR Parts expiration of six months and to bring Shrewsburg, Eatontown, Tinton Falls, 1500–1508), the FTA/Federal Highway this approval to the attention of all Howell, Farmingdale, Lakewood, Administration’s Environmental Impact operators and to arrange for its Jackson, Dover, Manchester, and regulations (23 CFR Part 771), and the publication in the Federal Register. Lakehurst; and (4) the Matawan FTA/FHWA Statewide Planning/ On August 23, 2002, the Secretary of Commuter Rail Alternative would use Metropolitan Planning regulations (23 Transportation approved the extension an approximately 35.8-mile rail corridor CFR Part 450). This study will also of the authority to provide such that runs from Matawan to Lakehurst. comply with the requirements of the insurance for another six-month period, This alternative is comprised of three National Historic Preservation Act of beginning June 13, 2002. distinct railroad segments: the Freehold 1966, as amended, Section 4(f) of the Branch (currently abandoned), the 1966 U.S. Department of Transportation FOR FURTHER INFORMATION CONTACT: Joe Freehold Secondary, and the Southern Act, the 1990 Clean Air Act Strassburg, Chief, Division of Marine Secondary (Southern Branch). This Amendments, the Executive Order Insurance, Maritime Administration, alternative would provide diesel 12898 on Environmental Justice, and 400 Seventh St., SW., Washington, DC commuter rail service to communities in other applicable rules, regulations, and 20590, Phone Nunber (202) 366–4156. Monmouth and Ocean Counties. The guidance documents. A Draft Major By Order of the Maritime Administration. line would begin at Matawan, where the Investment Study has been prepared for Freehold Branch would connect to the this project (1996). The DEIS will Dated: October 9, 2002. North Jersey Coast Line (NJCL). It would reference the results of that study, as Joe C. Richard, proceed south from Matawan, Marlboro, well as the various supplemental Secretary, Maritime Administration. Manalapan, Freehold Borough, and studies conducted subsequent to the [FR Doc. 02–26241 Filed 10–15–02; 8:45 am] Freehold Township. It would then Draft (MIS), including an evaluation of BILLING CODE 4910–81–M continue to proceed southward from the potential social, economic, and Farmingdale to Lakehurst, passing environmental impacts of the through Howell, Lakewood, Jackson, alternatives. Upon completion, the DEIS

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DEPARTMENT OF TRANSPORTATION agency, including whether the required to comply with the reporting information will have practical utility; requirements. Based on recent history, National Highway Traffic Safety (ii) The accuracy of the agency’s we estimate that fewer than 500 safety Administration estimate of the burden of the proposed recall campaigns will be conducted [Docket No. NHTSA 02–13571] collection of information, including the annually by no more than 170 different validity of the methodology and manufacturers. The rule would allow Motor Vehicle Safety: Reimbursement assumptions; manufacturers to submit general Prior to Recall (iii) How to enhance the quality, reimbursement plans that may be utility, and clarity of the information to incorporated into defect and AGENCY: National Highway Traffic be collected; and Safety Administration (NHTSA), (iv) How to minimize the burden of noncompliance information reports Department of Transportation. the collection of information on those submitted to NHTSA pursuant to 49 CFR part 573 (part 573 Reports) by ACTION: Request for public comment on who are to respond, including the use a proposed collection of information. of appropriate automated, electronic, reference rather than providing detailed mechanical, or other technological plans to NHTSA for each safety recall SUMMARY: Before a Federal agency can collection techniques or other forms of campaign. Specific information collect certain information from the information technology, e.g., permitting regarding a particular campaign, such as public, it must receive approval from electronic submission of responses. the dates for the reimbursement period, the Office of Management and Budget In compliance with these would be submitted for each recall as (OMB). Under procedures established requirements, NHTSA asks public part of the manufacturer’s part 573 by the Paperwork Reduction Act of comment on the following proposed Reports. 1995, before seeking OMB approval, collections of information: Estimate of the Total Annual Federal agencies must solicit public Reporting and Recordkeeping Burden comment on proposed collection of Reimbursement Prior to Recall information. Type of Request—Revision to existing Resulting from the Collection of This document describes a collection collection. Information—In order to provide the of information for which NHTSA OMB Clearance Number—2127–0004. required information, manufacturers intends to seek OMB approval. Requested Expiration Date of that conduct a recall must prepare a DATES: Comments must be received on Approval—Three years from effective reimbursement plan and submit it to or before December 16, 2002. date of final rule on reimbursement NHTSA. Ordinarily, we expect that this prior to recall. will consist of a general plan and ADDRESSES: Comments must refer to the Summary of Collection of supplemental information specific to docket and notice numbers cited at the Information—The Transportation Recall beginning of this notice and is each recall. We estimate that preparing Enhancement, Accountability, and the general plan would require 8 hours submitted to Docket Management, Room Documentation (TREAD) Act, was PL–401, 400 Seventh Street SW., of a combination of types of staff at an enacted on November 1, 2000, Pub. L. average hourly rate of $60.00 per hour. Washington, DC 20590. Please identify 106–414. Section 6(b) of the TREAD Act the propose collection of information for Further, we estimate that no more than amended 49 U.S.C. 30120(d) to require one hour would be required to include which a comment is provided by a manufacturer’s remedy program to referencing its OMB Clearance Number. the additional information about a include a plan for reimbursing an owner particular recall into individual part 573 It is requested, but not required, that or purchaser who incurred the cost of Reports. The total burden hours would one (1) original plus two (2) copies of the remedy within a reasonable time in be 1,860 hours ((8×170)+(1×500)) and the comments be provided. The Docket advance of the manufacturer’s Section is open on weekdays from 9:30 the total cost of the hours’ burden notification under subsection (b) or (c) × a.m. to 4 p.m. of section 30118. On December 11, would be $111,600 (1,860 $60). FOR FURTHER INFORMATION CONTACT: Mr. 2001, NHTSA issued a notice of Estimate of the Total Annual Costs of George Person, Office of Defects proposed rulemaking that would the Collection of Information—Other Investigation, NHTSA, 400 Seventh implement this section by amending 49 than the cost of the hours’ burden, we Street, SW., Room 5326, Washington, CFR 573.6 to require manufacturers to estimate that there would be no DC 20590. Mr. Person’s telephone submit reimbursement plans to NHTSA additional annual costs associated with number is (202) 366–5210. and by adding a new section, 49 CFR this information collection. SUPPLEMENTARY INFORMATION: Under the 573.13, that sets forth what must be Authority: 44 U.S.C. 3506(c); delegation of Paperwork Reduction Act of 1995, included in such plans. before an agency submits a proposed Description of the Need for the authority at 49 CFR 1.50. and 501.3(c). collection of information to OMB for Information and Proposed Use of the Issued on: October 9, 2002. approval, it must publish a document in Information—This information is Kenneth N. Weinstein, the Federal Register providing a 60-day necessary to enable NHTSA to review Associate Administrator for Enforcement. comment period and otherwise consult manufacturers’ reimbursement plans to [FR Doc. 02–26201 Filed 10–15–02; 8:45 am] with members of the public and affected ensure that they meet the requirements agencies concerning each proposed of the TREAD Act and 49 CFR 573.13, BILLING CODE 4910–59–P collection of information. The OMB has and to assure that the information will promulgated regulations describing be available to the public. what must be included in such a Description of the Likely Respondents document. Under OMB’s regulations (at (Including Estimated Number and 5 CFR 1320.8(d)), an agency must ask Proposed Frequency of Responses to the for public comment on the following: Collection of Information)—All (i) Whether the proposed collection of manufacturers of motor vehicles and information is necessary for the proper motor vehicle equipment that conduct performance of the functions of the safety recall campaigns would be

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DEPARTMENT OF TRANSPORTATION such a document. Under OMB’s of their Section 402 Highway Safety regulation (at 5CFR 1320.8(d), an agency Plan (HSP) or other ongoing impaired National Highway Traffic Safey must ask for public comment on the driving programs. To keep the reporting Administration following: burden on the states to a minimum, [U.S. DOT Docket Number NHTSA–02– (i) Whether the proposed collection of states prepare and submit their Section 13553] information is necessary for the proper 410 plans, that indicate how they intend performance of the functions of the to use the grant funds, as part of their Reports, Forms, and Record Keeping agency, including whether the existing HSP. The required Highway Requirements information will have practical utility; Safety Program Cost Summary Form HS (ii) the accuracy of the agency’s 217, OMB Clearance Number 2127– AGENCY: National Highway Traffic estimate of the burden of the proposed 0003, is currently used by the states to Safety Administration, Department of collection of information, including the comply with other highway safety grant Transportation. validity of the methodology and programs. Consequently, the state is not ACTION: Request for public comment on assumptions used; required under the rule to prepare or fill proposed collection of information. (iii) how to enhance the quality, out new forms or develop a separate utility, and clarity of the information to process to receive grants under Section SUMMARY: Before a Federal agency can be collected; 410. collect certain information from the (iv) how to minimize the burden of public, it must receive approval from the collection of information on those Estimated Annual Burden: 45 hours the Office of Management and Budget who are to respond, including the use per respondent per year. (OMB). Under procedures established of appropriate automated, electronic, Number of Respondents: all 50 States by the Paperwork Reduction Act of mechanical, or other technological and the District of Columbia. 1995, before seeking OMB approval, collection techniques or other forms of Issued on: October 9, 2002. Federal agencies must solicit public information technology, e.g. permitting Marlene Markison, comment on proposed collections of electronic submission of responses. information, including extensions and Chief of Program Resources, Office of Injury In compliance with these Control Operations and Resources. reinstatement of previously approved requirements, NHTSA asks for public [FR Doc. 02–26274 Filed 10–15–02; 8:45 am] collections. comments on the following proposed This document describes one collections of information: BILLING CODE 4910–59–P collection of information for which Title: 23 CFR part 1313 Certificate NHTSA intends to seek OMB approval. Requirements for Section 410 State DEPARTMENT OF TRANSPORTATION DATES: Comments must be received on Grants for Drunk Driving Prevention or before December 16, 2002. Programs. National Highway Traffic Safety ADDRESSES: Comments must refer to the OMB Control Number: 2127–0501. Administration docket notice numbers cited at the Affected Public: State Government. Form Number: NA. beginning of this notice and be Petition for Modification of a Abstract: The National Transportation submitted to Docket Management, Room Previously Approved Antitheft Device; Equity Act for the 21st Century (TEA– PL–401, 400 Seventh Street, SW., Saab 21), enacted in 1998, revised the law, Washington, DC 20590. Please identify altering the criteria to qualify for a grant. the proposed collection of information AGENCY: National Highway Traffic On November 18, 1988, President for which a comment is provided, by Safety Administration (NHTSA), Reagan signed into law the Drunk referencing its OMB clearance number. Department of Transportation (DOT). Driving Prevention Act of 1988 (23 USC It is requested, but not required, that 2 410) establishing a new anti-drunk ACTION: Grant of petition for copies of the comment be provided. The driving incentive program. The purpose modification of a previously approved Docket Section is open on weekdays of the grant program is to promote antitheft device. from 9 a.m. to 5 p.m. highway traffic safety by encouraging FOR FURTHER INFORMATION CONTACT: the states to establish certain measures SUMMARY: On May 8, 2002, Saab Cars, Complete copies of each request for to prevent drinking and driving. It USA, Inc. (Saab) filed a petition with collection of information may be provides grant funds to states that adopt the National Highway Traffic Safety obtained at no charge from Ronald these measures. Administration (NHTSA) asking for a Filbert NHTSA 400 Seventh Street, SW., The program provides for a two-tier third modification to an agency- 5238, NTI 200,Washington, DC 20590. grant system as an incentive to states to approved exemption from the vehicle Mr. Filbert’s telephone number is (202) implement effective laws and programs theft prevention standard for its 9–3 366–2121. Please identify the relevant to reduce the drunk driving problem. vehicle line which replaced its 900 collection of information by referring to The first tier provides basic grants for vehicle line in MY 1999. NHTSA is its OMB Control Number. those states that comply with specific granting Saab’s petition for modification SUPPLEMENTARY INFORMATION: Under the Programmatic or Performance criteria. of its exemption from the parts-marking Paperwork Reduction Act of 1995, The second tier provides supplemental requirements of the vehicle theft before an agency submits a proposed grants for meeting additional traffic prevention standard for its model year collection of information to OMB for safety program criteria. (MY) 2003 9–3 vehicle line because it approval, it must first publish a To establish eligibility for the grants has determined, based on substantial document in the Federal Register (basic and supplemental), a state must evidence, that the antitheft device providing a 60-day comment period and submit to NHTSA documentation described in Saab’s petition to be placed otherwise consult with members of the demonstrating that it complies with on the vehicle line as standard public and affected agencies concerning each of the requirements of the rule. equipment is likely to be as effective in each proposed collection of information. Much of the information required for reducing and deterring motor vehicle The OMB has promulgated regulations the 410 application is already generated theft as compliance with the parts- describing what must be included in by the states as part of the development marking requirements.

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DATES: The exemption granted by this disarm the starter immobilization The agency has evaluated Saab’s MY notice is effective at the beginning of the feature of the system. This is a change 2003 petition for modification of the 2003 model year. from the previously approved system, in exemption for the 9–3 vehicle line from FOR FURTHER INFORMATION CONTACT: Ms. which the driver/operator will be able to the parts-marking requirements of 49 Rosalind Proctor, Office of Planning and arm the system, activate the central- CFR part 541, and has decided to grant Consumer Standards, NHTSA, 400 locking feature and monitor the it. It has determined that the system is Seventh Street, SW., Washington, DC protected areas of the vehicle from likely to be as effective as parts-marking 20590. Ms. Proctor’s telephone number unauthorized tampering either by using in preventing and deterring theft of is (202) 366–0846. Her fax number is the remote transmitter or locking the these vehicles, and therefore qualifies (202) 493–2290. driver’s or passenger’s door with the for an exemption under 49 CFR part correct ignition key. SUPPLEMENTARY INFORMATION: On July 543. The agency believes that the Saab also stated that for MY 2003, 26, 1993, NHTSA published in the modified device will continue to there is only one exterior accessible Federal Register a notice granting a provide five types of performance listed mechanical door lock on the 2003 Saab petition from Saab for an exemption in Section 543.6(b)(3): Promoting 9–3. The exterior locking mechanism is from the parts marking requirements of activation; preventing defeat or capped with a plastic cover and is only circumventing of the device by the vehicle theft prevention standard for meant to be used in emergency the Saab 900 car line beginning with unauthorized persons; preventing situations in which the vehicle or operation of the vehicle by MY 1994 (See 58 FR 39853). By letters remote battery is dead. In these dated September 8 and 12, 1994, Saab unauthorized entrants; attracting situations, the plastic cap can be attention to the efforts of an petitioned for the first modification to removed and the vehicle can be locked/ its device. The agency determined that unauthorized person; and ensuring the unlocked with a mechanical key found reliability and durability of the device. the proposed changes made on Saab within the transponder unit. However, 900’s antitheft device for MY 1995 were NHTSA suggests that if the using the emergency key will not arm/ manufacturer contemplates making any de minimis changes and did not require disarm the alarm. it to submit a petition to modify its changes the effects of which might be In order to ensure reliability and characterized as de minimis, it should exemption pursuant to 49 CFR Part durability of the device, Saab stated that 543.9(c)(2). consult the agency before preparing and its system is designed to work submitting a petition to modify. On June 20, 1997, Saab submitted a maintenance free throughout the life of second petition for modification of its the vehicle. Necessary precaution has Authority: 49 U.S.C. 33106; delegation of previously approved antitheft system for been taken with regard to authority at 49 CFR 1.50. MY 1999. On October 24, 1997, NHTSA electromagnetic compatibility such that Issued on: October 8, 2002. published in the Federal Register a radiation from an external source will Stephen R. Kratzke, notice granting in full Saab’s second not render the system inoperative. Saab Associate Administrator for Rulemaking. petition for modification for the MY has used similar systems in the United [FR Doc. 02–26288 Filed 10–15–02; 8:45 am] 1999 9–3 vehicle line (See 62 FR 55453). States since 1997. BILLING CODE 4910–59–P Saab’s submission of May 8, 2002 is The modified system is armed a complete petition, as required by 49 whenever the vehicle is locked using CFR part 543.9(d), in that it meets the the transponder/ignition key unit. It is DEPARTMENT OF TRANSPORTATION general requirements contained in 49 disarmed when unlocking using the CFR part 543.5 and the specific content same unit. In case of an emergency in Surface Transportation Board requirements of 49 CFR part 543.6. which the vehicle must be unlocked [STB Docket No. AB–55 (Sub–No. 623X)] Saab’s petition provides a detailed using the emergency mechanical key, description of the identity, design and the alarm will be activated and will only CSX Transportation, Inc.— location of the components of the deactivate when the transponder/ Abandonment Exemption—in Putnam antitheft system in the vehicle ignition key unit is placed in the County, IN beginning with the 2003 model year. On ignition slot and turned to the on July 3, 2002, the agency contacted Saab position. At this point, the system CSX Transportation, Inc. (CSXT) has by telephone and obtained additional recognizes the security code within the filed a notice of exemption under 49 information which clarified the nature transponder unit and deactivates the CFR 1152 Subpart F—Exempt of the changes to its antitheft system for alarm. Abandonments to abandon a 0.47-mile its MY 2003 9–3 vehicle line. Saab states that in the Highway Loss line of railroad between milepost OOQ– In its MY 2003 petition for Data Institute (HLDI) data published in 189.18 (north side of Grant Street) and modification, Saab stated that for MY September 2001, the 4-door 1998–2000 the end of track at milepost OOQ– 2003 its immobilizer system has been Saab 900/9–3 had a theft index of 65 189.65, in Cloverdale, Putnam County, improved. Specifically, the system (100 being the average result). IN. The line traverses United States incorporates several electronic control Saab believes that the antitheft system Postal Service Zip Code 46120. units (ECU’s) in the immobilizer chain for model years 2003 and later will CSXT has certified that: (1) No local for component theft protection. This provide essentially the same functions traffic has moved over the line for at improvement will prevent stolen and features as found on its MY 1999– least 2 years; (2) there is no overhead components from working if they are 2002 systems and therefore, its modified traffic on the line; (3) no formal mounted in other vehicles. Another system will provide at least the same complaint filed by a user of rail service improvement is the elimination of the level of theft prevention as parts- on the line (or by a state or local conventional ignition key. A marking. Saab believes that the antitheft government entity acting on behalf of transponder unit with remote arm/ system proposed for installation on its such user) regarding cessation of service disarm features has replaced the MY 2003 9–3 line is likely to be as over the line either is pending with the traditional mechanical key, unlike the effective in reducing thefts as Surface Transportation Board (Board) or previous antitheft system in which the compliance with the parts-marking with any U.S. District Court or has been remote transmitter would not arm or requirements of part 541. decided in favor of complainant within

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the 2-year period; and (4) the Comments on environmental and As a condition to this exemption, any requirements at 49 CFR 1105.7 historic preservation matters must be employee adversely affected by the (environmental reports), 49 CFR 1105.8 filed within 15 days after the EA abandonment shall be protected under (historic reports), 49 CFR 1105.11 becomes available to the public. Oregon Short Line R. Co.— (transmittal letter), 49 CFR 1105.12 Environmental, historic preservation, Abandonment—Goshen, 360 I.C.C. 91 (newspaper publication), and 49 CFR public use, or trail use/rail banking (1979). To address whether this 1152.50(d)(1) (notice to governmental conditions will be imposed, where condition adequately protects affected agencies) have been met. appropriate, in a subsequent decision. employees, a petition for partial As a condition to this exemption, any Pursuant to the provisions of 49 CFR revocation under 49 U.S.C. 10502(d) employee adversely affected by the 1152.29(e)(2), CSXT shall file a notice of must be filed. abandonment shall be protected under consummation with the Board to signify Provided no formal expression of Oregon Short Line R.Co.— that it has exercised the authority intent to file an offer of financial Abandonment—Goshen, 360 I.C.C. 91 granted and fully abandoned its line. If assistance (OFA) has been received, this (1979). To address whether this consummation has not been effected by exemption will be effective on condition adequately protects affected CSXT’s filing of a notice of November 15, 2002, unless stayed employees, a petition for partial consummation by October 16, 2003, and pending reconsideration. Petitions to revocation under 49 U.S.C. 10502(d) there are no legal or regulatory barriers stay that do not involve environmental must be filed. to consummation, the authority to issues,1 formal expressions of intent to Provided no formal expression of abandon will automatically expire. file an OFA under 49 CFR intent to file an offer of financial Board decisions and notices are 1152.27(c)(2),2 and trail use/rail banking assistance (OFA) has been received, this available on our Web site at requests under 49 CFR 1152.29 must be exemption will be effective on ‘‘WWW.STB.DOT.GOV.’’ filed by October 28, 2002. Petitions to November 15, 2002, unless stayed Decided: October 8, 2002. reopen or requests for public use pending reconsideration. Petitions to By the Board, David M. Konschnik, conditions under 49 CFR 1152.28 must stay that do not involve environmental Director, Office of Proceedings. be filed by November 5, 2002, with: issues,1 formal expressions of intent to Vernon A. Williams, Surface Transportation Board, 1925 K file an OFA under 49 CFR Secretary. Street, NW., Washington, DC 20423. 2 1152.27(c)(2), and trail use/rail banking [FR Doc. 02–26272 Filed 10–15–02; 8:45 am] A copy of any petition filed with the requests under 49 CFR 1152.29 must be BILLING CODE 4915–00–P Board should be sent to SKO’s filed by October 28, 2002. Petitions to representative: Karl Morell, Ball Janik reopen or requests for public use LLP, 1455 F Street, NW., Suite 225, conditions under 49 CFR 1152.28 must DEPARTMENT OF TRANSPORTATION Washington, DC 20005. be filed by November 5, 2002, with: If the verified notice contains false or Surface Transportation Board, 1925 K Surface Transportation Board misleading information, the exemption is void ab initio. Street, NW., Washington, DC 20423. [STB Docket No. AB–471 (Sub–No. 6X)] A copy of any petition filed with the SKO has filed an environmental Board should be sent to CSXT’s South Kansas and Oklahoma Railroad report which addresses the representative: Natalie S. Rosenberg, Company—Abandonment Exemption— abandonment’s effects, if any, on the CSX Transportation, Inc., 500 Water in Crawford County, KS environment and historic resources. Street, J150, Jacksonville, FL 32202. SEA will issue an environmental If the verified notice contains false or South Kansas and Oklahoma Railroad assessment (EA) by October 21, 2002. misleading information, the exemption Company (SKO) has filed a notice of Interested persons may obtain a copy of is void ab initio. exemption under 49 CFR 1152 subpart the EA by writing to SEA (Room 500, CSXT has filed an environmental F—Exempt Abandonments to abandon a Surface Transportation Board, report which addresses the 0.4-mile line of railroad between Washington, DC 20423) or by calling abandonment’s effects, if any, on the milepost 134.3 and milepost 134.7, SEA, at (202) 565–1552. Assistance for environment and historic resources. within the city of Pittsburg, in Crawford the hearing impaired is available SEA will issue an environmental County, KS. The line traverses United through the Federal Information Relay assessment (EA) by October 21, 2002. States Postal Service Zip Code 66762. Service (FIRS) at 1–800–877–8339. Interested persons may obtain a copy of SKO has certified that: (1) No local Comments on environmental and the EA by writing to SEA (Room 500, traffic has moved over the line for at historic preservation matters must be Surface Transportation Board, least 2 years; (2) any overhead traffic filed within 15 days after the EA Washington, DC 20423) or by calling can be rerouted over other lines; (3) no becomes available to the public. SEA, at (202) 565–1552. [Assistance for formal complaint filed by a user of rail Environmental, historic preservation, the hearing impaired is available service on the line (or by a state or local public use, or trail use/rail banking through the Federal Information Relay government entity acting on behalf of conditions will be imposed, where Service (FIRS) at 1–800–877–8339.] such user) regarding cessation of service appropriate, in a subsequent decision. over the line either is pending with the 1 The Board will grant a stay if an informed Surface Transportation Board (Board) or 1 The Board will grant a stay if an informed decision on environmental issues (whether raised with any U.S. District Court or has been decision on environmental issues (whether raised by a party or by the Board’s Section of decided in favor of complainant within by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent the 2-year period; and (4) the Environmental Analysis (SEA) in its independent investigation) cannot be made before the investigation) cannot be made before the exemption’s effective date. See Exemption of Out- requirements at 49 CFR 1105.7 exemption’s effective date. See Exemption of Out- of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any (environmental reports), 49 CFR 1105.8 of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible (historic reports), 49 CFR 1105.11 request for a stay should be filed as soon as possible so that the Board may take appropriate action before (transmittal letter), 49 CFR 1105.12 so that the Board may take appropriate action before the exemption’s effective date. the exemption’s effective date. 2 Each offer of financial assistance must be (newspaper publication), and 49 CFR 2 Each offer of financial assistance must be accompanied by the filing fee, which currently is 1152.50(d)(1) (notice to governmental accompanied by the filing fee, which currently is set at $1,100. See 49 CFR 1002.2(f)(25). agencies) have been met. set at $1,100. See 49 CFR 1002.2(f)(25).

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Pursuant to the provisions of 49 CFR Title: Application For Permit User Department of Veterans Affairs, 810 1152.29(e)(2), SKO shall file a notice of Limited Display Fireworks (18 U.S.C. Vermont Avenue, NW., Room 230, consummation with the Board to signify Chapter 40, Explosives). Washington, DC. The meeting on that it has exercised the authority OMB Number: 1512–0399. October 28 will convene at 8:30 a.m. granted and fully abandoned its line. If Form Number: ATF F 5400.21. and adjourn at 5:30 p.m. The meeting on consummation has not been effected by Abstract: ATF F 5400.21 is used to October 29 will convene at 8 a.m. and SKO’s filing of a notice of verify the eligibility of and grant adjourn at 4 p.m. Both meetings will be consummation by October 16, 2003, and permission to the holder to buy or open to the public. there are no legal or regulatory barriers transport explosives in interstate The purpose of the Committee is to to consummation, the authority to commerce on a one-time basis. The provide advice and make abandon will automatically expire. record retention requirement for this recommendations to the Secretary of Board decisions and notices are information collection is indefinitely. Veterans Affairs on proposed research available on our Web site at Current Actions: There are no changes studies, research plans and research www.stb.dot.gov. to this information collection and it is strategies relating to the health being submitted for extension purposes Decided: October 8, 2002. consequences of military service in the only. Southwest Asia theater of operations By the Board, David M. Konschnik, Type of Review: Extension. Director, Office of Proceedings. during the Persian Gulf War. Affected Public: Business or other for- On October 28, the Committee will Vernon A. Williams, profit, individuals or households. hear presentations on and discuss Secretary. Estimated Number of Respondents: treatments and neurological [FR Doc. 02–26273 Filed 10–15–02; 8:45 am] 1,800. mechanisms. On October 29, the panel BILLING CODE 4915–00–P Estimated Total Annual Burden will hear presentations on and discuss Hours: 540. marker studies, merging databases and Request For Comments future health risks. The Committee will DEPARTMENT OF THE TREASURY also develop recommendations and Comments submitted in response to consider future topics. Time will be this notice will be summarized and/or Bureau of Alcohol, Tobacco and available for public comment on both included in the request for OMB Firearms days. approval. All comments will become a Members of the public may submit Proposed Collection; Comment matter of public record. Comments are Request written statements for the Committee’s invited on: (a) Whether the collection of review to Ms. Laura O’Shea, Committee information is necessary for the proper Manager, Department of Veterans ACTION: Notice and request for performance of the functions of the comments. Affairs (008A1), 810 Vermont Avenue, agency, including whether the NW., Washington, DC 20420. Any SUMMARY: The Department of the information shall have practical utility; member of the public wishing future Treasury, as part of its continuing effort (b) the accuracy of the agency’s estimate information should contact Ms. Laura to reduce paperwork and respondent of the burden of the collection of O’Shea at (202) 273–5031. burden, invites the general public and information; (c) ways to enhance the Dated: October 9, 2002. other Federal agencies to comment on quality, utility, and clarity of the this proposed and/or continuing information to be collected; (d) ways to By direction of the Secretary. information collection, as required by minimize the burden of the collection of Nora E. Egan, the Paperwork Reduction Act of 1995, information on respondents, including Committee Management Officer. Public Law 104–13 (44 U.S.C. through the use of automated collection [FR Doc. 02–26245 Filed 10–15–02; 8:45 am] 3506(c)(2)(A)). Currently, the Bureau of techniques or other forms of information BILLING CODE 8320–01–M Alcohol, Tobacco and Firearms, technology; and (e) estimates of capital Department of the Treasury, is soliciting or start-up costs and costs of operation, comments concerning the Application maintenance, and purchase of services DEPARTMENT OF VETERANS For Permit User Limited Display to provide information. AFFAIRS Fireworks (18 U.S.C. Chapter 40, Dated: October 7, 2002. National Commission on VA Nursing Explosives). William T. Earle, DATES: Written comments should be Assistant Director (Management) CFO. Notice of Meeting received on or before December 16, 2002 [FR Doc. 02–26199 Filed 10–15–02; 8:45 am] The Department of Veterans Affairs to be assured of consideration. BILLING CODE 4810–31–P (VA) gives notice under Pub. L. 92–463 ADDRESSES: Direct all written comments (Federal Advisory Committee Act) that to Bureau of Alcohol, Tobacco and the National Commission on VA Firearms, Linda Barnes, 650 DEPARTMENT OF VETERANS Nursing will hold its third meeting on Massachusetts Avenue, NW., AFFAIRS October 24–25, 2002 at the Sheraton Washington, DC 20226; telephone (202) Pentagon South Alexandria, 4641 Research Advisory Committee on Gulf 927–8930. Kenmore Ave, Alexandria, VA 22304. War Illnesses FOR FURTHER INFORMATION CONTACT: On October 24, the meeting will begin Requests for additional information or Notice of Meeting at 9 a.m. and adjourn at 5 p.m. On copies of the form(s) and instructions October 25, the meeting will begin at 8 should be directed to Mary Jo Hughes, The Department of Veterans Affairs a.m. and adjourn at 2 p.m. The meeting Chief, Firearms, Explosives and Arson (VA) gives notice under Pub. L. 92–463 is open to the public. Services Division, 650 Massachusetts (Federal Advisory Committee Act) that The purpose of the Commission is to Avenue, NW., Washington, DC 20226; the Research Advisory Committee on provide advice and make telephone (202) 927–8300. Gulf War Veterans’ Illnesses will meet recommendations to Congress and the SUPPLEMENTARY INFORMATION: on October 28–29, 2002, at the Secretary of VA regarding legislative

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and organizational policy changes to an update on Commission activities will Department of Veterans Affairs (108N), enhance the recruitment and retention be discussed. On October 25, sub-groups 810 Vermont Avenue, NW., of nurses and other nursing personnel in will make presentations on assignments Washington, DC 20420. Any member of VA. The Commission is required to from the previous meeting. The the public wishing to attend the meeting submit to Congress and the Secretary of Commission will determine what should contact Ms. Stephanie Williams, Veterans Affairs a report, not later than additional information is needed and Program Analyst at (202) 273–4944. two years from May 8, 2002, on its how it should be obtained. Dated: October 9, 2002. findings and recommendations. Members of the public may direct By direction of the Secretary. The Commission will meet to written questions or submit prepared continue work on information gathering statements for review by the Nora E. Egan, and analysis. On October 24, nursing Commission in advance of the meeting Committee Management Officer. data extracted from the 2001 VA to Ms. Oyweda Moorer, Director of the [FR Doc. 02–26244 Filed 10–15–02; 8:45 am] Employee Survey will be presented and National Commission on VA Nursing, at BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 67, No. 200

Wednesday, October 16, 2002

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE Tuesday, October 1, 2002 make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Department of the Army; Corps of and Notice documents. These corrections are Engineers §460.26 [Corrected] prepared by the Office of the Federal On page 61505, in the first column, in Register. Agency prepared corrections are Grant of Exclusive or Partially §460.26(b), subparagraph heading ‘‘(1)’’ issued as signed documents and appear in Exclusive Licenses the appropriate document categories was repeated and should read ‘‘ (2)’’. elsewhere in the issue. Correction [FR Doc. C2–24858 Filed 10–15–02; 8:45 am] In notice document 02–25181 BILLING CODE 1505–01–D beginning on page 62039 in the issue of COMMODITY FUTURES TRADING Thursday, October 3, 2002 make the COMMISSION following corrections: DEPARTMENT OF TRANSPORTATION 1. On page 62040, in the first colunn, 17 CFR Part 1 in paragraph 5., in the seventh line, Federal Motor Carrier Safety ‘‘single’’ should read ‘‘suitable’’. Administration Changes in Divisional Structure and 2. On page 62041, in the third Delegations of Authority column, in paragraph 20., in the sixth 49 CFR Part 393 line, ‘‘ratably’’ should read ‘‘rotatably’’. Correction [FMCSA Docket No. FMCSA–97–2289] [FR Doc. C2–25181 Filed 10–15–02; 8:45 am] In rule document 02–25049 beginning BILLING CODE 1505–01–D on page 62350, in the issue of Monday, RIN 2126–AA27 October 7, 2002, make the following Development of a North American correction: DEPARTMENT OF HEALTH AND HUMAN SERVICES Standard for Protection Against Shifting and Falling Cargo PART 1 — CORRECTED Centers for Medicare & Medicaid Correction On page 62353, in the first column, in Services amendatory instruction 3., in the first In rule document 02–23693 beginning 42 CFR Part 460 line, ‘‘1.4a’’ should read ‘‘1.41a’’. on page 61212 in the issue of Friday, [CMS–1201–IFC] September 27, 2002 make the following [FR Doc. C2–25049 Filed 10–15–02; 8:45 am] correction: BILLING CODE 1505–01–D RIN 0938–AL59 §393.124 [Corrected] Medicare and Medicaid Programs; On page 61233, in the second column, Programs of All-inclusive Care for the in §393.124, in the second paragraph Elderly (PACE); Program Revisions from the top, designated as ‘‘(a)’’ should Correction read ‘‘(e)’’. In rule doccument 02–24858 [FR Doc. C2–23693 Filed 10–15–02; 8:45 am] beginning on page 61496 in the issue of BILLING CODE 1505–01–D

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Holocarpha macradenia (Santa Cruz Tarplant); Final Rule

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DEPARTMENT OF THE INTERIOR one of only four species of the genus of dormant seeds, generally found in the Holocarpha. All four are geographically soil) in the field, and germination may Fish and Wildlife Service restricted to California. The plant is be delayed for many years until further rigid with lateral branches that grow to environmental cues break their 50 CFR Part 17 the height of the main stem, which is 10 dormancy (Bainbridge 1999). RIN 1018–AG73 to 50 centimeters (cm) (4 to 20 inches The disc achenes usually fall from the (in)) tall. The lower leaves are broadly receptacle to the ground below the Endangered and Threatened Wildlife linear and up to 12 cm (5 in) long; the parent plant, while the ray achenes are and Plants; Final Designation of upper leaves are smaller, with rolled enclosed in a sticky glandular phyllary Critical Habitat for Holocarpha back margins, and are truncated by a (leaf-like structure) which aides macradenia (Santa Cruz Tarplant) distinctive craterform (open pitted) dispersal by attaching to animals. Those gland. The yellow daisy-like flower animals likely to assist in seed dispersal AGENCY: Fish and Wildlife Service, head is surrounded from beneath by include, but are not limited to, mule Interior. individual bracts (small leaf-like deer (Odocoileus hemionus), gray foxes ACTION: Final rule. structures associated with the flower (Urocyon cinereoargenteus), coyotes head) that have about 25 stout gland- (Canis latrans), black-tailed jackrabbits SUMMARY: We, the U.S. Fish and tipped projections (Keil 1993). H. (Lepus californicus), bobcats (Felis Wildlife Service (Service), designate macradenia is distinguished from other rufus), striped skunks (Mephitis critical habitat pursuant to the members of the genus by its numerous mephitis), opossums (Didelphis Endangered Species Act of 1973, as ray flowers and black anthers. virginiana), racoons (Procyon lotor), and amended (Act), for Holocarpha Holocarpha macradenia, like other other small mammals and small birds. macradenia (Santa Cruz tarplant). closely related tarplants in the genus The Holocarpha macradenia seed Approximately 1,175 hectares (2,902 Deinandra, is self-incompatible, bank is important to the species’ year- acres) of land in Contra Costa, Santa meaning that individuals will not to-year and long-term survival Cruz, and Monterey Counties, produce viable seeds without cross (Bainbridge 1999). A seed bank includes California, fall within the boundaries of pollinating with other individuals (B. all seeds in a population and generally the critical habitat designation. This Baldwin, in litt., 2001). Gene flow from covers a larger area than the extent of critical habitat designation provides individual to individual and from observable plants seen in a given year. additional protection under section 7 of population to population increases the The extent of seed bank reserves is the Act with regard to actions carried likelihood of viability through the variable from population to population. out, funded, or authorized by a Federal maintenance of genetic diversity; For example, in 1999 at the Twin Lakes agency. Section 4 of the Act requires us therefore gene flow is important for the population of H. macradenia in Santa to consider economic and other relevant long-term survival of self-incompatible Cruz, the seed bank density averaged impacts when specifying any particular species (Ellstrand 1992). Gene flow 240 seeds per square meter (m 2) (10 area as critical habitat. We solicited data often occurs through pollen movement square feet (ft 2)); at the Watsonville and comments from the public on all between populations, and likely occurs Airport, the seed bank density averaged aspects of the proposed rule, including over short distances; most of the native 887 seeds per m 2 (10 ft 2); at the Porter data on economic and other impacts of insects thought to pollinate H. Ranch population in northern Monterey the designation, and our approaches for macradenia generally travel less than County, the seed bank density averaged handling any future habitat 0.5 kilometers (km) (0.3 miles (mi)) at 40,000 seeds per m 2 (10 ft 2) (Bainbridge conservation plans. one time (Waser, in litt., 2002). Clusters 1999; S. Bainbridge, pers. comm., 2001). DATES: This rule becomes effective on of small populations of H. macradenia The number and location of standing November 15, 2002. may facilitate greater gene flow; plants (observable plants) in a therefore, even the conservation of small population varies annually. For ADDRESSES: Comments and materials occurrences may be critical to example, the Graham Hill population received, as well as supporting maintaining genetic diversity in this near Santa Cruz comprised 12,000 documentation, used in the preparation species. Native bees, bee flies, and standing plants in 1994 and 550 in 2001 of this final rule, will be available for wasps have been observed visiting H. (V. Haley, consultant, Felton, CA, pers. public inspection, by appointment, macradenia flowers (Sue Bainbridge, comm., 2001); the Apple Hill during normal business hours at the Jepson Herbarium, University of population near Watsonville comprised Ventura Fish and Wildlife Office, U.S. California, Berkeley, pers. comm., 2001). 0 standing plants in 1999; 4,049 in 2000; Fish and Wildlife Service, 2493 Portola Seed production in Holocarpha and 1,330 in 2002 (T. Edell, in litt., Road, Suite B, Ventura, CA 93003. macradenia is highly variable. A large, 2000; 2002). This annual variation in FOR FURTHER INFORMATION CONTACT: multi-branched individual may produce standing plants is due to a number of Connie Rutherford, Ventura Fish and 25 seed heads with up to 15 seeds per factors, including the amount and Wildlife Office, U.S. Fish and Wildlife head, while individuals growing in timing of rainfall, temperature, soil Service, telephone 805/644–1766; crowded conditions may be unbranched conditions, and extent and nature of the facsimile 805/644–3958. Information and produce only one seed head (S. seed bank. regarding this proposal is available in Bainbridge, pers. comm., 2001). Floral Management activities can affect the alternate formats upon request. heads produce two kinds of achenes balance between the number of standing SUPPLEMENTARY INFORMATION: (seeds), disc and ray. The disc achenes plants and the extent of seed bank readily germinate under field and lab reserves. Burning, mowing, and Background conditions, but appear to lose viability scraping habitat for Holocarpha Holocarpha macradenia (Santa Cruz within 18 months of production macradenia have been utilized to tarplant) is an aromatic annual herb in (Bainbridge 1999; S. Bainbridge, pers. enhance populations at several sites, the aster family (Asteraceae) that is comm., 2001). In contrast, the ray including Graham Hill, Arana Gulch, restricted to coastal terrace prairie achenes do not germinate readily under Twin Lakes, Tan, and Apple Hill, with habitat along the coast of central field and lab conditions; they represent variable results. At the Watsonville California. Holocarpha macradenia is the persistent soil seed bank (a reserve Airport site, H. macradenia habitat

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adjacent to runways has been mowed, dissected, and H. macradenia The distribution of Holocarpha disced, and grazed to maintain visibility populations historically occurred on the macradenia has been severely reduced for airport operations. While this alluvium resulting from terrace deposits due to continuing destruction and management has increased the density (Palmer 1986). alteration of coastal prairie habitat. All of H. macradenia, the vigor of In Santa Cruz County, where most of the native San Francisco Bay area individual plants appears to be in the remaining native populations of populations have been extirpated. The decline, and the seed bank reserve may Holocarpha macradenia occur, the soils last remaining native population in this be becoming depleted (Deb Hillyard, most typically found on marine terraces area, known as the Pinole Vista California Department of Fish and Game and the alluvial deposits derived from population, consisting of 10,000 plants, (CDFG), pers. comm., 2001). them are of several soil series (Brabb was eliminated in 1993 by commercial Habitat for Holocarpha macradenia 1989; SCS 1978, 1980). The Watsonville, development (CDFG 1997). historically consisted of grasslands and Tierra, Elkhorn, and Pinto soil series are Along Monterey Bay in Santa Cruz prairies found on coastal terraces below most frequently associated with and Monterey Counties, approximately 100 meters (m) (330 feet (ft)) in occurrences of H. macradenia. These 13 populations are extant. According to elevation, from Monterey County north loams and sandy loams are deep and CNDDB, an additional nine populations to Marin County (CNDDB 2001). In the range from well drained to somewhat along the Monterey Bay have been late 1800s, coastal prairies were poorly drained. Other soil series, extirpated by development, most estimated to cover 350,000 hectares (ha) including Los Osos, Elder, and Diablo, recently in 1993 when a population in (865,000 acres (ac)) in California are also located in the vicinity of known Watsonville (Anna Street site) was (Huenneke 1989). Historically, four populations of H. macradenia, but due destroyed during construction of office major factors contributed to changes in to the scale used for mapping the buildings and a parking lot (CDFG 1993, the distribution and composition of distribution of soils, we cannot 1995). Other populations have declined coastal prairies: Livestock grazing; the determine the importance of these soils or have recently disappeared due to introduction of highly competitive, to this species. changes in grassland management that nonnative species; the elimination of Because the soils where Holocarpha favor species which compete with periodic fire; and cultivation (Heady et macradenia occurs typically include a Holocarpha macradenia. Where habitat al. 1988). The remaining coastal prairie subsurface clay component, they hold is still intact, management favorable to habitat in the Monterey Bay area, as moisture longer into the growing season H. macradenia can reverse these trends well as in the rest of the State, is compared to the surrounding sandy and allow seeds in the dormant seed becoming increasingly fragmented and soils. As a summer-blooming species, H. bank of the species to germinate and restricted in distribution, largely due to macradenia may benefit from this late grow. The ability to provide appropriate these same factors as well as urban season moisture (CDFG 1995); management for the remaining development. alternatively, the saturated soil occurrences of H. macradenia will be In the Santa Cruz area, Holocarpha conditions during the spring season may pivotal in the recovery of the species. macradenia exists on flat to gently be too wet for many other species to Holocarpha macradenia is currently sloping marine terrace platforms that are become established, and therefore known from approximately 13 native separated by steep-sided gulches. A maintain the reduced cover that H. and 8 experimentally seeded series of populations occur on older macradenia prefers (Grey Hayes, populations (CNDDB 2001, CDFG 2000) marine terraces inland from the University of California, Santa Cruz, in Contra Costa, Monterey, and Santa communities of Santa Cruz and Soquel; pers. comm., 2001). Cruz Counties. Some of the native these terraces range in elevation from Today, the Santa Cruz tarplant is populations may represent separate, about 34 to 122 m (110 to 400 ft). Two associated most frequently with grasses fragmented patches of what historically populations (Arana Gulch and Twin such as Avena fatua (nonnative wild was a single larger population. Seven of Lakes) occur on a more recent marine oat), Hordeum murinum (barley), Briza the native populations occur around the terrace at lower elevations (12 to 18 m maxima (rattlesnake grass), Vulpia spp. cities of Santa Cruz and Soquel. These (40 to 60 ft)) and closer to the ocean. In (vulpia), and Bromus sp. (bromes); populations, with the number of the Watsonville area in Santa Cruz frequent native associates include standing plants and year of the most County, a series of H. macradenia Juncus spp. (rushes) and Danthonia recent survey, are: Graham Hill Road, populations occur on a low-lying californica (California oatgrass). 575–650 individuals (2002); De Laveaga, marine terrace (15 to 37 m (50 to 120 ft) Associated native herbaceous species ‘‘several thousand’’ individuals (2001), in elevation) that is dissected by include other tarplants from the genus Arana Gulch, 10,000 individuals (2002); Harkins Slough, Hanson Slough, and Hemizonia. At some locations, the plant Twin Lakes, 21 individuals (2002); Struve Slough; the close proximity of is found with rare or sensitive species, O’Neill/Tan, 0 individuals (2001); these populations suggest that they were including Perideridia gairdneri Winkle (also referred to as Santa Cruz once part of a larger population that has (Gairdner’s yampah), Plagiobothrys Gardens), 0 individuals (1994); and since been fragmented by changes in diffusus (San Francisco popcorn Fairway, 150 individuals (2001) (V. land use over the past 100 years. flower), Trifolium buckwestiorum (Santa Haley, in litt., 2002; Root 2001; Seals Approximately 6.4 km (4 mi) north of Cruz clover), and the Ohlone tiger beetle 2002; S. Bainbridge, in litt., 2002; Watsonville, several H. macradenia (Cicindela ohlone), a species listed as Rigney 2001; CNDDB 2001; Rutherford, populations are located on a marine endangered (Service 2001). Other pers. obs., 2001). The names of the terrace 55 m (180 ft) in elevation. locally unique plant species such as populations used here are those used in Approximately 4.8 km (3 mi) south of Plagiobothrys chorisianus var. the final rule to list the species Watsonville a population occurs at an chorisianus (Choris’s popcorn flower), published on March 20, 2000 (65 FR elevation of 30 m (100 ft) on alluvium Triteleia ixiodes (Triteleia), Eryngium 14898). (sedimentary material deposited by armatum (coast coyote thistle), and The remaining six native populations flowing water) resulting from marine Grindelia hirsutula var. maritima (San occur around the city of Watsonville. terrace deposits. On the east side of San Francisco gumplant) also occur in these Four of these are bounded generally by Francisco Bay (Contra Costa County), areas (CNDDB 2001; Hayes 2002; Corralitos Creek, Harkins Slough, the marine terraces are more extensively Stromberg, et al. 2001). Watsonville Slough, and the city of

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Watsonville; they may represent including raking, scraping, mowing, and practical in all areas where H. remnants of a larger population. These controlled burning with the objective of macradenia habitat includes a four populations, with their number of increasing the number of standing complement of nonnative species. standing plants and year of the most individuals, which had been in decline Moreover, while the presence of H. recent survey are: Watsonville Airport, since grazing was terminated in the macradenia could be maintained in 2,492,000 individuals (2001); Harkins 1980s (CDFG 1997). The CDFG has been areas with a high abundance of Slough, 15,000 individuals (1993); applying habitat manipulations nonnative species, the habitat quality of Apple Hill, 1,330 individuals (2002); (mowing, burning, and scraping) and these areas for H. macradenia may be and Struve Slough, 1 individual (1994). carrying out seed bank studies less than areas where the presence of Two outlying populations in the (Bainbridge 1999). The California nonnative species is minimal. Research Watsonville area are: Spring Hills Golf Department of Transportation on the effects of different frequencies of Course, 4,000 individuals (1990); and (CalTrans) has been mowing the Apple mowing, litter removal, and soil Porter Ranch, 120,000 individuals Hill population west of Watsonville to disturbances on habitat for H. (2001) (Duffy & Associates 2002; reduce the biomass of nonnative grasses macradenia is ongoing by researchers at CNDDB 2001; Edell, in litt., 2002; (T. Edell, in litt., 1998). While the the University of California (UC) at Bainbridge, in litt., 2002). interpretation of results can be complex, Santa Cruz and UC Berkeley’s Jepson The eight experimentally seeded these efforts generally show that the Herbarium (Holl, in litt., 2002; populations of Holocarpha macradenia number of standing individuals may be Bainbridge, in litt., 2002b) and will have resulted from the planting of seed increased by reducing the potential for contribute to our understanding of how in Wildcat Regional Park in the east San competition between H. macradenia to optimize management efforts to Francisco Bay area (East Bay). The final and nonnative grasses through these benefit this species. rule to list H. macradenia (65 FR 14898) management practices. However, Based on the presence of other included a discussion of these efforts to increasing the number of standing fragments of remaining coastal terrace establish new populations within the individuals may also deplete seed bank prairie habitat, we believe that historic range of the species. Twenty- reserves; therefore, the goals of additional populations of Holocarpha two sites were seeded between 1982 and appropriate management should include macradenia may occur within the 1986 in what appeared to be suitable not only increasing the number of current range of the species but have not habitat but representing a range of standing individuals in small yet been detected. In particular, suitable conditions based on the following populations, but also maintaining the habitat most likely remains on older criteria: soil series (Tierra as well as five appropriate balance between standing coastal terraces that lie to the north of others), grazing pressure (light or individuals and seed bank reserves. the cities of Santa Cruz and Soquel. moderate), and exposure to coastal fog Several proposed development These areas may contain a viable seed (fog, wind but no fog, and out of wind). projects will impact habitat for bank, even if no standing plants are The seeds used for planting had been Holocarpha macradenia. Housing found. collected from East Bay populations at developments have been approved for Holocarpha macradenia is threatened the northern end of the species’ range. several sites including the Graham Hill primarily by historic and recent habitat Although a number of populations did site and the Fairway site, but destruction caused by residential well for a few years, many have failed management plans for H. macradenia development and habitat alteration to persist. Of the eight populations that have not yet been fully implemented. A caused primarily by land management have persisted at least for 14 years, only management plan for H. macradenia has practices that favor the increase of other one, Mezue, has consistently supported been initiated for the Tan population, species which compete with H. large numbers of individuals. In the year but has not yet resulted in enhancement macradenia. Most often, the 2000, this population was the largest it of the population. Approval for a establishment of invasive, competing has been since the initial seeding in housing development adjacent to the species follows from the cessation of 1983 and supported over 17,000 Winkle population is pending. A grazing by cattle or horses. Future loss individuals (CDFG 2000). housing development for the Struve of habitat may also result from Very recently, three population Slough was recently approved without recreational development, airport introductions have been attempted in any active management plan for H. expansion, and agriculture. Habitat that conjunction with research on the effects macradenia. As a result of a legal has been set aside in preserves, of different grazing regimes on the suite challenge, Watsonville Wetlands Watch conservation easements, and open of herb species (as opposed to grass has been granted 3 years to raise spaces also suffers secondary impacts species) within native coastal prairie. funding to purchase a 2-ha (6-ac) from: (1) Casual use by residents; (2) Two of the seeding attempts are located portion of the site that supports H. introduction of invasive species; (3) lack just north and west of the city of Santa macradenia for conservation purposes of active management; and (4) changes Cruz, and one is in northern Monterey (Superior Court of the State of California in hydrology. In particular, smaller County within the Elkhorn critical 2001). preserve areas with H. macradenia habitat unit. Although it is too early to As has been observed at the suffer because they are cut off from assess the degree of success these efforts Watsonville Airport, human activities, many ecosystem functions dependent will achieve, the population within the such as mowing and cattle grazing can upon soil and hydrologic characteristics Elkhorn unit appears to be doing the favor the abundance of Holocarpha that would be present in larger, more best of the three at this point (Holl, in macradenia by reducing competition contiguous sites. More often, these litt., 2002). from other herbaceous species. smaller areas are left as open spaces, but Several agencies have taken the However, because these activities can without the benefit of the grassland initiative to undertake efforts to enhance also promote the spread and management needed to sustain them. habitat for H. macradenia. In establishment of nonnative species, they Nonnative species that have invaded conjunction with the CDFG, the city of may need to be repeated at frequent and threaten habitat supporting native Santa Cruz has been applying a variety intervals or at certain times to maintain populations of Holocarpha macradenia of habitat manipulations to plots within the establishment of H. macradenia. include Genista monspessulana (French the Arana Gulch Open Space Preserve, Such intensive management may not be broom), Eucalyptus sp. (eucalyptus),

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Acacia decurrens and A. melanoxylon the Act, this finding must be recycled Babbitt (Case No. C99–2992 (N.D.Cal.)). (acacia), and a number of nonnative annually, until the species is either On May 22, 2000, the judge signed an grass species, particularly Phalaris proposed for listing, or the petitioned order for the Service to propose critical aquatica (Harding grass) and Bromus action is found to be not warranted. habitat for the species by September 30, spp. (bromes). In Wildcat Regional Park Each October from 1983 through 1990 2001. In mid-September 2001, plaintiffs in the East Bay area, Cynara further findings were made that the agreed to a brief extension of this due cardunculus (artichoke thistle) has listing of H. macradenia was warranted, date until November 2, 2001. The invaded habitat for H. macradenia at the but that the listing of this species was proposed rule to designate critical one site that is being designated as precluded by other pending proposals of habitat for the species was signed on critical habitat (Mezue), as well as many higher priority. November 2, 2001, and sent to the of the other sites where introduced Holocarpha macradenia continued to Federal Register. populations of H. macradenia were be included as a category one candidate The proposed rule to designate attempted. Picris echiodes (Bristly ox- in plant NORs published September 27, critical habitat for the species was tongue) has recently invaded the 1985 (50 FR 39526), February 21, 1990 published on November 15, 2001 (66 FR population of H. macradenia at the (55 FR 6184), and September 30, 1993 57526). In the proposal, we determined Elkhorn unit (Holl, in litt., 2002). (58 FR 51144). Upon publication of the it was prudent to designate February 28, 1996, NOR (61 FR 7596), approximately 1,360 ha (3,360 ac) of Previous Federal Action we ceased using category designations land in Santa Cruz and Monterey Federal action on this plant began and included H. macradenia as a Counties as critical habitat for when the Secretary of the Smithsonian candidate. Candidate species are those Holocarpha macradenia. Publication of Institution, as directed by section 12 of for which we have on file sufficient the proposed rule opened a 60-day the Act, prepared a report on those information on biological vulnerability public comment period, which closed native U.S. plants considered to be and threats to support proposals to list on January 14, 2002. endangered, threatened, or extinct in the them as threatened or endangered. The On May 7, 2002, we published a United States. This report (House Doc. 1997 NOR, published September 19, notice announcing the reopening of the No. 94–51), was presented to Congress 1997 (62 FR 49398) retained H. comment period on the proposal to on January 9, 1975, and included macradenia as a candidate, with a designate critical habitat for Holocarpha Holocarpha macradenia as endangered. listing priority of 2. On March 20, 1998, macradenia and a notice of availability On July 1, 1975, we published a notice we published a proposed rule in the of the draft economic analysis on the in the Federal Register (40 FR 27823) Federal Register (63 FR 15142) to list H. proposed determination (67 FR 30642). accepting the report as a petition within macradenia. The final rule listing H. This second public comment period the context of section 4(c)(2) (now macradenia as a threatened species was closed on June 6, 2002. On May 16, section 4(b)(3)) of the Act and of our published on March 20, 2000 (65 FR 2002, the plaintiffs agreed to extend the intention thereby to review the status of 14898). date upon which we are to make a final the plant taxa named therein. On June Section 4(a)(3) of the Act, as rule determination for critical habitat to 16, 1976, we published a proposed rule amended, and implementing regulations September 30, 2002. in the Federal Register (41 FR 24523) (50 CFR 424.12) require that, to the Summary of Comments and determining approximately 1,700 maximum extent prudent and Recommendations vascular plant species to be endangered determinable, the Secretary designate pursuant to section 4 of the Act. critical habitat at the time the species is We contacted appropriate Federal, Holocarpha macradenia was included determined to be endangered or State, and local agencies, scientific in this June 16, 1976, Federal Register threatened. Our regulations (50 CFR organizations, and other interested document. 424.12(a)(1)) state that designation of parties and invited them to comment. In In 1978, amendments to the Act critical habitat is not prudent when one addition, we invited public comment required that all proposals over two or both of the following situations exist: through the publication of notices in the years old be withdrawn. A one-year (1) The species is threatened by taking Santa Cruz Sentinel on November 21; grace period was given to those or other human activity, and the Monterey Herald on November 20; proposed rules already more than two identification of critical habitat can be the San Jose Mercury on November 20; years old. Later, on December 10, 1979, expected to increase the degree of threat and the Oakland Tribune on November we published a notice (44 FR 70796) of to the species, or (2) such designation of 22; all in the year 2001. We received the withdrawal of the portion of the critical habitat would not be beneficial individually written letters from 18 June 16, 1976, proposed rule that had to the species. At the time Holocarpha parties, which included 4 designated not been made final, along with four macradenia was listed, we found that peer reviewers, 1 Federal agency, 2 State other proposed rules that had expired. designation of critical habitat for H. agencies, and 3 local jurisdictions. Of We published an updated notice of macradenia was prudent, but that given these 18 parties, 13 supported the review (NOR) for plants on December our limited listing budget, designation proposed designation and 5 were 15, 1980 (45 FR 82480). This notice of critical habitat would have to be neutral regarding the designation of included Holocarpha macradenia as a deferred so as to allow us to concentrate critical habitat for this species; however, category one candidate (species for limited resources on higher priority 1 of those supporting the designation which data in our possession was critical habitat and other listing actions. and 3 of those that were neutral sufficient to support proposals for On June 17, 1999, our failure to issue requested that areas they own, manage, listing). final rules for listing Holocarpha or have planning jurisdiction over, be On February 15, 1983, we published macradenia and eight other plant excluded from critical habitat a notice (48 FR 6752) of our prior species as endangered or threatened, designation. finding that the listing of Holocarpha and our failure to make a final critical We reviewed all comments received macradenia was warranted but habitat determination for the nine for substantive issues and new precluded in accordance with section species was challenged in Southwest information regarding critical habitat 4(b)(3)(B)(iii) of the Act as amended in Center for Biological Diversity and and Holocarpha macradenia. Similar 1982. Pursuant to section 4(b)(3)(C)(i) of California Native Plant Society v. comments were grouped into general

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issues and are addressed in the excessive for a species that is only listed including the need for establishing following summary. as threatened. additional populations within the Our Response: The Act and its historic range of the species in the East Biological Issues implementing regulations do not Bay. 1. Comment: The need for the 9 provide for different standards when Management Considerations smaller units, ranging in size from 7 to considering critical habitat for a 170 acres, is well justified given specific threatened species as opposed to an 4. Comment: We received comments information about the status of the endangered species. Other species listed from several land managers as well as Holocarpha macradenia populations. as threatened have had much larger academic researchers that are currently However, the need for the two larger acreages designated. The extent of evaluating the role that grazing and fire units (I and J near Watsonville), which acreage designated in this rule, as in all may have in maintaining habitat for together comprise almost half of the of our critical habitat rules, is tied to the Holocarpha macradenia. A number of 3,360 acres proposed for designation, is amount of habitat that supports the suggestions were offered about how the not adequately justified. primary constituent elements for the species responds to different types of Our Response: The varying size of the species, and where the species is known management and how discussion of units is in part due to their location to occur. Based on the remaining these management options should be relative to the configuration of the amount of habitat and what is known framed in the rule. Our Response: We appreciate the coastal terraces in the vicinity as well as about the historic and current range of numerous suggestions we received to patterns of development. For instance, Holocarpha macradenia, we conclude expand discussions regarding in the hills north of Santa Cruz and that the amount of critical habitat being management, and we have incorporated extending down to the Soquel area, the designated is essential for maintaining some of these suggestions into the rule coastal terrace is strongly dissected by a populations of H. macradenia, as well in the Background section and the series of drainages, leaving small fingers as the grassland habitat and the Special Management Considerations of terrace jutting southward. ecological functions that are important section. However, we have limited the Populations of Holocarpha macradenia for the expansion of existing level of detail to which the discussion that occur on these terraces are populations and maintaining has been expanded, because it could go necessarily restricted in distribution by connectivity between them. 3. Comment: Three commenters well beyond the scope of the current geography, and then more so by human indicated that additional critical habitat critical habitat designation process. We development. In contrast, the coastal should be designated in the East Bay suggest that these issues be discussed terrace in the vicinity of Watsonville region (Alameda and Contra Costa further at the time we are developing a occurs as a larger block that is only Counties) in support of additional recovery plan for the species. weakly dissected by swales and reintroduction efforts for Holocarpha drainages, resulting in a more rolling Economic Comments macradenia within its historic range. hill landscape. As discussed in this rule, One commenter specified that habitat 5. Comment: We received one numerous historic locations of H. for at least five populations should be comment recommending that we use the macradenia have been noted in the designated in this area and that seed contingent valuation method (CVM) to Watsonville area. This leads us to used should represent the remains of determine the hypothetical nonuse conclude that H. macradenia was once the ‘‘northern’’ gene stock. values for the plant species and its widespread throughout the coastal Our Response: We agree that habitat that comprise this rulemaking. terraces in the area. We believe the maintaining the northern gene stock is Our Response: Economists recognize designation of larger critical habitat important to the conservation and that in addition to a ‘‘use value’’ that units in the Watsonville area is recovery of the species, and that society places on natural resources these consistent with the available attempting to establish additional goods may also exhibit a ‘‘non-use information on landforms, soils and populations in the East Bay region is an value’’ by society. For example, while historic occurrences of the species. important recovery task. Although we many people may elect to visit a public As discussed below, Units I and J are are only designating one area in the East park and ‘‘use’’ it for a variety of essential because they support many Bay region as critical habitat, we believe recreational purposes, the presence of populations of H. macradenia, as well that the relatively large size and long- this park may provide a variety of as the grassland habitat that is important term stability of the population in this benefits to additional members of to expanding existing populations and unit made it the most important to society even though their enjoyment maintaining connectivity between them. designate at this time. We are required may not be directly observable. Certain These units also represent two of the to designate those areas we know to be individuals may also derive benefits three areas in the central Monterey Bay critical habitat, using the best from the park because of the protection area and the southern end of the range information available to us at the time. it offers to certain natural resources of the species that support populations When we designate critical habitat at including a diverse ecosystem that of H. macradenia. Unit J also contains the time of listing, as required under harbors endangered and threatened the most inland distribution of the Section 4 of the Act, or under court- species. While these members of society species. Preserving the genetic ordered deadlines, we may not have the may value the park merely for its variability within a species, by information necessary to identify all existence, their behavior is not directly conserving populations with unique areas that are essential for the observable and thus economists have characteristics such as the ability to conservation of the species. Additional developed certain tools, including the persist at the edge of the species’ range, habitat outside the designated areas may CVM for measuring these values. allows it to adapt to changing later be discovered to be critical for the CVM is an approach used by environmental conditions, and is recovery of the species. We will soon be economists to directly elicit non-use therefore is essential to the long-term developing a recovery plan for values from individuals through the use survival and conservation of the species. Holocarpha macradenia, and look of carefully designed survey 2. Comment: The proposed forward to developing specific recovery instruments. A CVM study will provide designation of 3,360 acres seems recommendations for the species, respondents with a framework wherein

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they are asked to value the resource and benefits of the proposed action are that the presence of listed species nearly given the parameters of the framework. considered. In this particular instance, always results in the establishment of an For the CVM to work properly, and the economic analysis did not identify ESHA. As a result, the designation of provide meaningful information on non- any significant economic impact critical habitat would increase the use values, considerable resources must associated with the designation. likelihood of ESHA establishment in be expended to adequately design and 6. Comment: One commenter asserted areas not previously known to be administer this tool. However, it is not that the designation of critical habitat occupied by endangered or threatened currently feasible for us to conduct CVM causes officials of California’s resource species. studies to capture the non-use values agencies, namely the California Coastal While the presence of designated certain individuals may place on critical Commission (CCC) and the CDFG to critical habitat is typically correlated habitat designation due to our limited identify the designated areas as with an ESHA, CCC staff confirm that resources. Environmentally Sensitive Habitat the designation itself does not In conducting our analyses, we do Areas (ESHA), and that land use within automatically result in an area becoming review economic literature to determine the ESHAs are restricted through the an ESHA. Rather, the designation of whether or not there are any existing implementation of requirements of the critical habitat is considered by CCC studies that can provide information California Coastal Act (CCA). Thus biologists as a potential source of that would allow us to better describe ESHAs could impose additional costs additional information to be evaluated and accurately quantify such benefits on the regulated community. in the context of the quality of the associated with the survival and Our Response: As stated in our underlying data and checked against recovery of the species and its habitat in addendum to the draft economic existing knowledge and field surveys. question. However, even when such analysis, the CCA charges the CCC with CCC staff also indicate, however, that if studies are identified, they usually do implementing coastal management habitat represents significant biological not allow for the separation of the policies in conjunction with local value for a State- or Federally-listed benefits of listing (including the Act’s governments in coastal zones in 15 species, it is very likely this habitat take provisions) from the benefits of counties and 58 cities in California. would have already been identified critical habitat designation. These policies generally require the through CCC biological surveys, and While we are often unable to quantify protection of fragile and/or scenic probably would have already been benefits that may be associated with the coastal habitat, improvement of public recommended as an ESHA. As a result, designation, our analyses do discuss access (physical and visual) to the coast, only if the designation of critical habitat potential benefits in a qualitative the protection of agricultural land, and adds new biological information might manner. This discussion is not intended measures to direct growth towards ESHAs be adjusted or established. to provide a complete analysis of the urban areas and away from undeveloped In the case of the designation of benefits that could result from section 7 coastal areas. The CCC also established critical habitat for Holocarpha of the Act in general or critical habitat the Local Coastal Program (LCP), which macradenia, staff from the CCC’s designation in particular. In short, we requires local coastal governments to Central Coast District Office indicate believe that we are currently best able prepare management plans for their that the proposed designation is to express the benefits of critical habitat coastal areas that must be approved by unlikely to result in the establishment of designation in biological terms that can the CCC. Once a local government any new ESHAs. The proposed critical be weighed against the expected cost obtains CCC approval of its LCP, the habitat area falls within existing LCPs impacts of the rulemaking. authority to approve local development and, more importantly, the designation We believe that this approach is proposals is transferred from the CCC to adds no new information regarding consistent with the statutory the local government in most occupied or essential habitat areas. requirements of the Act. Section 4(b)(2) circumstances. The CCC maintains Consequently, the proposed designation of the Act requires the Secretary to ‘‘original jurisdiction’’ over areas where of critical habitat is not likely to result designate critical habitat on the basis of no approved LCP exists, proposals on in additional costs associated with the the best scientific data available after the immediate shoreline (below mean implementation of the CCA. taking into consideration the economic high tide), and proposals involving impact and any other relevant impact of major public works or energy projects. Comments on Site-Specific Areas specifying any particular area as critical In the process of approving and/or 7. Comment: The East Bay Regional habitat. This section of the Act amending LCPs, or through reviewing Parks District (EBRPD) requested that continues on to state that the Secretary applications under ‘‘original we make minor modifications to the may exclude areas from the designation jurisdiction,’’ the CCC may establish boundaries of Unit A (Mezue) that if he (she) determines that the benefits certain coastal areas as ESHAs, occurs on lands they manage. The of such exclusion outweigh the benefits depending on the habitat resources modifications are based on more of specifying such area as part of the present and their role in healthy detailed topographic and vegetation designation. This language does not ecosystem function. ESHAs are data that they were able to provide. The imply that the Secretary must apply a established based on a site-specific field proposed modifications would remove strict cost-benefit test to the exclusion study of the project area in question by some riparian habitat from the unit and process but instead gives her broad CCC biologists. Once established, the add one small area at the top of the discretion in considering the best presence of an ESHA limits the type of watershed upslope to where a scientific and commercial data available development that can be approved to population of Holocarpha macradenia when making a final decision. As a ‘‘uses dependent only on those is located. result, critical habitat decisions do not resources’’ present in the ESHA. Our Response: We have modified the hinge solely on the results of a benefit- The most likely potential effect of boundary to remove a few areas of cost analysis. The designation of critical critical habitat on the CCC’s riparian vegetation and a small area that habitat units is first made on biological implementation of the CCA would be was not within the subwatershed where grounds, and when these decisions through the increased likelihood that an the plant occurs. We are not able to significantly impinge on economic ESHA might be established following its include the small area at the top of the activities, then the weighing of the costs designation. CCC personnel indicate watershed within the final boundary

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because we had not previously provides assurances that the implemented; and (3) the plan must proposed to include it. These conservation management strategies will provide assurances that the modifications resulted in a reduction of be effective. In determining if conservation management strategies will acreage in this unit from 61 ha (150 ac) management strategies are likely to be be effective, by providing for period to 52 ha (130 ac). implemented, we consider whether—(a) monitoring and revisions as necessary. 8. Comment: The California Army A management plan or agreement exists If all of these criteria are met, then the National Guard (CANG) requested that that specifies the management actions lands covered under the plan would not we remove 3 ha (7 ac) of lands that they being implemented or to be meet the definition of critical habitat. own and manage known as the Santa implemented; (b) there is a timely We conclude that the CANG does not Cruz Armory from Unit C (De Laveaga) schedule for implementation; (c) there is yet have an INRMP for the Santa Cruz of the proposed critical habitat a high probability that the funding Armory that sufficiently addresses the designation. They fully support the source(s) or other resources necessary to criteria above. These lands do not efforts of the Service to protect implement the actions will be available; warrant exclusion from critical habitat Holocarpha macradenia and its habitat, and (d) the party(ies) have the authority designation because the proposed and point out that they are directed by and long-term commitment to management plan has not been the Sikes Act (16USC 670a et seq.) to implement the management actions, as approved and does not contain develop and implement an Integrated demonstrated, for example by a legal assurances that the management actions Natural Resources Management Plan instrument providing enduring it describes will be implemented or (INRMP) for the Armory with certain protection and management of the effective. Concerning the likelihood that criteria for maintaining biodiversity and lands. In determining whether an action management actions will be using an adaptive management is likely to be effective, we consider implemented, we note that the plan approach. They submitted a list of 11 whether—(a) The plan specifically does not include a timely schedule for management elements, some of which addresses the management needs, implementation and does not contain a have already been implemented, that including reduction of threats to the commitment of financial resources. will be included in their INRMP. species; (b) such actions have been Concerning the likelihood that Our Response: Critical habitat is successful in the past; (c) there are management actions will be effective, defined in section 3 of the Act as—(i) provisions for monitoring and we note that there are no provisions for the specific areas within the geographic assessment of the effectiveness of the monitoring or assessing of their area occupied by the species, at the time management actions; and (d) adaptive effectiveness, and adaptive management it is listed in accordance with the Act, management principles have been principles have not been incorporated on which are found those physical or incorporated into this plan. into the draft plan. We appreciate the biological features (I) essential to the efforts that CANG has already made conservation of the species and (II) that The Sikes Act Improvement Act of toward restoring and protecting habitat may require special management 1997 (Sikes Act) requires each military on these lands, including the removal of considerations or protection; and (ii) installation that encompasses land and eucalyptus logs from Holocarpha specific areas outside the geographic water suitable for the conservation and macradenia habitat, and the removal of area occupied by a species at the time management of natural resources to wood chips that were inadvertently it is listed, upon a determination that have completed, by November 17, 2001, spread on top of a portion of the such areas are essential for the an INRMP. An INRMP integrates population. The Service has agreed to conservation of the species. Special implementation of the military mission work with CANG in the development of management and protection are not of the installation with stewardship of their INRMP, particularly as it pertains required if adequate management and the natural resources found on the to the conservation of H. macradenia. If protection are already in place. installation. Each INRMP includes an the INRMP sufficiently meets the Adequate special management or assessment of the ecological needs of criteria for exclusion from critical protection is provided by a legally the installation, including needs to habitat upon its completion, the Service operative plan/agreement that addresses provide for the conservation of listed will consider revising the critical habitat the maintenance and improvement of species; a statement of goals and designation to exclude the Santa Cruz the primary constituent elements priorities; a detailed description of Armory lands at a future date. important to the species and that management actions to be implemented Based upon a site visit with CANG manages for the long-term conservation to provide for these ecological needs; staff to the Santa Cruz Armory, the of the species. Areas that are currently and a monitoring and adaptive Service has determined that a portion of being managed to address the management plan. Under section 7 of the proposed critical habitat unit does conservation needs of Holocarpha the Act, we consult with the military on not contain the primary constituent macradenia, in accordance with plans the development and implementation of elements, specifically, the parking lot. we have reviewed and determined to be INRMPs for installations with listed By eliminating this area, the final adequate, do not require special species. Military installations with critical habitat unit has been reduced management within the meaning of approved INRMPs which address the from 3 ha (7 ac) to 2 ha (5 ac). section 3(5)(a)(i) of the Act and will not needs of species generally do not meet 9. Comment: The Pajaro Valley be included in this final rule. the definition of critical habitat Unified School District (District) To determine if a plan provides discussed above as they require no requested that we remove 28 ha (70 ac) adequate management or protection we additional special management or of land they own, known as the consider—(1) Whether there is a current protection. Therefore, we do not include Millennium High School site, from Unit plan specifying the management actions these areas in critical habitat I (Watsonville) of the critical habitat and whether such actions provide designations if they meet the following designation for two reasons. They sufficient conservation benefit to the three criteria: (1) A current INRMP must contend that the site has been under species; (2) whether the plan provides be complete and provide a benefit to the cultivation for over a decade and that assurances that the conservation species; (2) the plan must provide there is no evidence of the species or the management strategies will be assurances that the conservation habitat conditions that would support it. implemented; and (3) whether the plan management strategies will be In addition, they are concerned that the

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designation will ‘‘create obstacles’’ to the primary constituent elements from designation, including portions of the the construction of the New Millennium approximately 32 acres of the parcel on landfill parcel that are steep-sided High School. They also request the which the High School is being built, canyons below the level of the coastal removal of Harkins Slough Road from we are removing this portion that will terrace, and the landfill itself. We have critical habitat designation, because the be converted to buildings, paved also removed the golf driving range planned improvements for this road, surfaces, and playing fields from critical because the soils have been altered by which will provide access to the High habitat designation. Because this the placement of other soils on top of School, will be facing ‘‘considerable information was received so close to the the native soils during the development difficulties.’’ time of publication, we did not have the of the range. Even though the proposed Our Response: Section 4(b)(2) of the opportunity to redraw the map for this rule contains language to indicate that Act states ‘‘The Secretary shall unit. The remaining 36 acres of the site paved surfaces are not considered designate critical habitat, and make will be slated for conservation and critical habitat, we have removed most revisions thereto, under subsection protected from development through of the State Highway 1 corridor from the (a)(3) on the basis of the best scientific permanent deed restrictions. Because area mapped as critical habitat. We have data available and after taking into the planned Harkins Slough Road also removed 3 m (9 ft) on either side consideration the economic impact, and improvements are partially funded with of the highway from critical habitat any other relevant impact, of specifying Federal funds, the Federal Highway designation because this area needs to any particular area as critical habitat.’’ Administration (FHWA) will be be kept free of vegetation for human Absent a finding by us that the consulting with us on the road due to health and safety reasons, and because economic or other relevant impacts of a the presence of California red-legged the soil profile along the road shoulder critical habitat designation would frog. The inclusion of critical habitat for has been modified such that it does not outweigh the benefits of designation, the Holocarpha macradenia in the same now contain the primary constituent Act does not provide for the exclusion consultation is not expected to elements for this taxon. However, we from critical habitat of private lands significantly increase the economic have not removed the remaining area essential to the conservation of listed impact of the project on FHWA or the within right of ways or other parcels species. We believe that this parcel of District. from the critical habitat designation land contains components essential to 10. Comment: The City of Watsonville because, to the best of our knowledge, the conservation of H. macradenia requested that a number of areas be they occur on coastal terrace habitat that because: (1) The site contains the removed from the critical habitat has native soils with the attendant primary constituent elements including designation, including the following: hydrologic and edaphic processes still the appropriate soils (Watsonville the Millennium High School site; the in place. They are essential to the loams) and hydrology that are suitable Sea View Ranch site; an illegal fill site conservation of the species because they for the species, and the site occurs with an existing grading permit for are important for the expansion of within 1 km (0.5 mi) of 3 known remediation; the City’s golf driving existing populations and maintaining locations for the species. Therefore, this range; and the State Highway 1 right of connectivity between them. Even site could provide habitat for the way within the city limits. They believe though some of these locations have expansion of existing populations as these areas should be removed because been converted to agriculture or have well as maintain connectivity between they have recently been surveyed for the recently been graded, the native soils existing populations by allowing gene presence of Holocarpha macradenia and are still in place and these areas have flow between these populations through it was found not to be present. The City the potential to be restored as habitat for pollinator activity and seed dispersal. provided some additional information H. macradenia. We believe that The importance of this site is also extracted from planning documents for designating of these lands as critical discussed in the description of the some of these projects. In addition, habitat in this final rule outweighs the Watsonville unit. We believe that the CalTrans requested that areas within benefits of excluding them. The possible designation of these lands in this final their right of way be excluded because removal of these lands from the rule as critical habitat outweighs the the disturbance from routine designation is also addressed in the benefits of their exclusion from being maintenance activities makes them Exclusions Under Section 4(b)(2) designated as critical habitat. The inappropriate for species recovery section of this rule. possible removal of these lands from the activities. 11. Comment: The City of Watsonville designation is also addressed in the Our Response: As stated in the section requested that only those portions of the Exclusions Under Section 4(b)(2) on Mapping in the body of this rule, Watsonville Airport that are identified section of this rule. some critical habitat units were mapped in the Tarplant Mitigation Plan With respect to the critical habitat with greater precision than others, based (Gilchrist 2001) be included in the designation creating ‘‘obstacles’’ and on the available information, and the critical habitat designation, thus ‘‘difficulties’’ in completing size of the unit. We appreciate the excluding other portions of the airport. construction of the High School, the additional information that the City of Our Response: The portions of the District did not specify what they Watsonville was able to provide to us. Airport that are paved with runways believed these to be. However, we As discussed in the section on Primary and roads or support buildings are not believe that the designation at this site Constituent Elements in this rule, we considered critical habitat for the will have little additional regulatory tried to map areas that contained soils species even though they are within the burden for the District because there associated with coastal terrace prairies, critical habitat boundaries; due to the will probably be little federal nexus to plant communities that support scale of mapping, however, these areas the project and therefore minimal associated species, and the physical could not be excluded on our maps. Of requirement for them to consult under attributes, particularly the soils and the remaining portions of the Airport, section 7 of the Act, if any. Just as this hydrologic processes that produce the some are included in the Tarplant rule was being finalized, we received seasonally saturated soils characteristic Mitigation Plan and some are not. information indicating that construction of Holocarpha macradenia habitat. We However, we have included all of these of the High School had been initiated. have therefore removed portions of areas within the critical habitat Because this construction will remove these areas from this critical habitat designation because they are contiguous

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with areas that currently support Cruz Armory from within the boundary protection; and (ii) specific areas Holocarpha macradenia, provide areas of the unit. This change resulted in a outside the geographic area occupied by for expansion of the population, and reduction of 1 ha (2 ac) in this unit. a species at the time it is listed, upon provide connectivity between patches of (3) We made minor changes to the a determination that such areas are the plant. In addition, this site supports boundary lines on the Watsonville Unit. essential for the conservation of the the largest population of H. macradenia, The purpose of these changes was to species. ‘‘Conservation’’ means the use and therefore is important as a seed avoid areas that obviously did not of all methods and procedures that are bank should it become necessary to contain the primary constituent necessary to bring an endangered or a reseed other sites where populations are elements, and for which we were unable threatened species to the point at which declining. to draw more precise boundaries at the listing under the Act is no longer time of the proposed designation. The necessary. Peer Review use of recently acquired high-resolution Critical habitat receives protection In accordance with our policy aerial photographs dating from April under section 7 of the Act through the published on July 1, 1994 (59 FR 2000 enabled us to undertake this more prohibition of destruction or adverse 34270), we solicited independent precise mapping. These changes modification of critical habitat with opinions from the Sustainable resulted in a total reduction of 174 ha regard to actions carried out, funded, or Ecosystems Institute (which provided (430 ac) in this final critical habitat authorized by a Federal agency. Section two peer reviewers) as well as two other designation. For all three of the units, 7 also requires conferences on Federal knowledgeable individuals with the new boundary lines were drawn actions that are likely to result in the expertise in one or several fields, within the boundary lines shown in the destruction or adverse modification of including familiarity with the species, proposed designation; in no case were proposed critical habitat. Aside from the familiarity with the geographic region in the new boundary lines drawn outside added protection that may be provided which the species occurs, and of those described in the legal under section 7, the Act does not familiarity with the principles of description for the units in the proposed provide other forms of protection to conservation biology. All four peer designation. lands designated as critical habitat. reviewers supported the proposal, and (4) We corrected the acreage figure for Because consultation under section 7 of provided us with comments which we the Graham Hill Unit (Unit B) from 14 the Act does not apply to activities on incorporated into the final rule. Their ha (35 ac) to 12 ha (30 ac). We had private or other non-Federal lands that comments included discussion on the intended to propose 2 additional do not involve a Federal nexus, critical following issues: The importance of hectares (5 ac) to the south of the habitat designation would not afford maintaining the genetic stock from the current unit boundary. However, the any additional regulatory protections northern portion of the species’ range, boundaries showing this additional under the Act with regard to such as represented by the introduced habitat and the Universal Transverse activities. populations in the East Bay area; the Mercator (UTM) coordinates describing Critical habitat also provides importance of appropriate management their location were inadvertently left out nonregulatory benefits to the species by in maintaining populations of the of the proposed rule. The unit informing the public and private sectors species; the necessity of maintaining all boundaries as depicted in this final rule of areas that are important for species critical habitat units for the species; and encompass 12 ha (30 ac). Under the Act recovery and where conservation the relationship between annual and the Administrative Procedure Act, actions would be most effective. population fluctuations and the areas we are required to allow the public an Designation of critical habitat can help being designated. One peer reviewer opportunity to comment on the focus conservation activities for a listed suggested that the discussion proposed rulemaking. Therefore, species by identifying areas that contain concerning the role of offsite hydrology because these new areas were not the physical and biological features in maintaining habitat for the species included in the proposed rule, we are essential for the conservation of that needed to be strengthened. not including them in the final rule. species, and can alert the public as well Although these areas were not included as land-managing agencies to the Summary of Changes From the in the critical habitat proposal, they may importance of those areas. Critical Proposed Rule be important to the recovery of the habitat also identifies areas that may Based on a review of public species and could be included in require special management comments received on the proposed recovery activities in the future. considerations or protection, and may determination of critical habitat, we (5) We added a section describing the help provide protection to areas where reevaluated our proposed designation Special Management Considerations or significant threats to the species have and the draft Economic Analysis and Protections that Holocarpha been identified, by helping people to made several changes to the final macradenia may require. We believe avoid causing accidental damage to designation of critical habitat. These that this new section will assist land such areas. include the following: managers in developing management In order to be included in a critical (1) We made minor changes to the strategies for H. macradenia on their habitat designation, the habitat must boundary lines on the Mezue Unit to lands. first be ‘‘essential to the conservation of remove riparian corridors and a small the species.’’ Critical habitat portion of habitat outside the Critical Habitat designations identify, to the extent subwatershed where Holocarpha Section 3 of the Act defines critical known using the best scientific and macradenia occurs. These changes habitat as—(i) the specific areas within commercial data available, habitat areas resulted in a reduction of 9 ha (21 ac) the geographic area occupied by a that provide essential life cycle needs of in this unit. species, at the time it is listed in the species (primary constituent (2) We made minor changes to the accordance with the Act, on which are elements, as defined at 50 CFR boundary lines on the De Laveaga Unit. found those physical or biological 424.12(b)). Section 3(5)(C) of the Act The purpose of these changes was to features (I) essential to the conservation states that not all areas that can be draw the boundaries more precisely to of the species and (II) that may require occupied by a species should be eliminate the parking lot of the Santa special management considerations or designated as critical habitat unless the

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Secretary determines that all such areas standard and the prohibitions of section California Department of Parks and are essential to the conservation of the 9 of the Act, as determined on the basis Recreation (CDPR), CalTrans, County of species. Our regulations (50 CFR of the best available information at the Santa Cruz, City of Santa Cruz, and 424.12(e)) also state that, ‘‘The Secretary time of the action. Federally funded or EBRPD are undertaking efforts to learn shall designate as critical habitat areas assisted projects affecting listed species how to better enhance habitat for H. outside the geographic area presently outside their designated critical habitat macradenia. Some of these efforts are occupied by the species only when a areas may still result in jeopardy being carried out with the cooperation designation limited to its present range findings in some cases. Similarly, of researchers from UC Santa Cruz and would be inadequate to ensure the critical habitat designations made on the Berkeley’s Jepson Herbarium. conservation of the species.’’ basis of the best available information at Preliminary management and seed bank Section 4(b)(2) of the Act requires that the time of designation will not control studies show that habitat manipulation we take into consideration the economic the direction and substance of future such as burning, mowing, grazing, and impact, and any other relevant impact, recovery plans, habitat conservation scraping can increase standing numbers of specifying any particular area as plans, or other species conservation of plants and may be necessary to critical habitat. We may exclude areas planning efforts if new information enhance and maintain populations of H. from critical habitat designation when available to these planning efforts calls macradenia. Active management is the benefits of exclusion outweigh the for a different outcome. often necessary to preserve habitat that benefits of including the areas within is essential for the long-term Methods of Selecting Areas for Critical critical habitat, provided the exclusion conservation of H. macradenia. will not result in extinction of the Habitat Designation Special management considerations species. As required by the Act and or protections may be needed to Our Policy on Information Standards regulations (section 4(b)(2) and 50 CFR maintain the primary constituent Under the Endangered Species Act, 424.12) we used the best scientific elements for Holocarpha macradenia published in the Federal Register on information available to determine areas within the units being designated as July 1, 1994 (59 FR 34271), provides that contain the physical and biological critical habitat. In some cases, criteria, establishes procedures, and features that are essential for the protection of existing habitat and provides guidance to ensure that our conservation of Holocarpha current ecological processes may be decisions represent the best scientific macradenia. This included information sufficient to ensure that populations of and commercial data available. It from the California Natural Diversity H. macradenia are maintained, and requires our biologists, to the extent Data Base (CNDDB 2001), geologic and have the ability to reproduce and consistent with the Act and with the use soil survey maps (Brabb 1989; SCS disperse into surrounding habitat at of the best scientific and commercial 1980, 1978), aerial photos available those sites. In other cases, however, data available, to use primary and through TerraServer (http:// active management may be needed to original sources of information as the terraserver.homeadvisor.msn.com), maintain the primary constituent basis for recommendations to designate aerial photos on loan from the County elements for H. macradenia. We have critical habitat. When determining of Santa Cruz Planning Department, outlined below the most likely special which areas are critical habitat, a recent biological surveys and reports, management or protection that H. primary source of information should be additional information provided by macradenia may require. the listing package for the species. interested parties, and discussions with (1) The native soils on which Additional information may be obtained botanical experts. Frequently Holocarpha macradenia is found should from a recovery plan, articles in peer- accompanied by agency representatives, be maintained to optimize conditions reviewed journals, conservation plans we also conducted site visits, either for the species. Physical properties of developed by States and counties, cursory or more extensive, at a number the soil, such as its chemical scientific status surveys and studies, of locations managed by, or with composition, salinity, texture, and and biological assessments or other involvement from, local, State or drainage capabilities would best be unpublished materials (i.e., gray Federal agencies, including Graham maintained by limiting or restricting literature). Hill, De Laveaga Park, Twin Lakes State deep tilling and the use of herbicides, Section 4 of the Act requires that we Beach, Arana Gulch Open Space Area fertilizers, or other soil amendments. designate critical habitat based on what (City of Santa Cruz), Anna Jean (2) The hydrologic regime of the area we know at the time of designation. Cummings County Park (Santa Cruz surrounding Holocarpha macradenia Habitat is often dynamic, and County), and the Watsonville Airport habitat should be maintained to provide populations may move from one area to (City of Watsonville). We also visited for the seasonally moist soils that the another over time. Furthermore, we the Porter Ranch site, which is owned species favors. Increasing or decreasing recognize that designation of critical and managed by the Elkhorn Slough surface and subsurface water flow to habitat may not include all of the Foundation. these areas through habitat alteration habitat areas that may eventually be that either artificially adds water (e.g., determined to be necessary for the Special Management Considerations or through irrigation) or reduces water recovery of the species. For these Protections (e.g., through diversions associated with reasons, critical habitat designations do Much of what is known about the construction projects) could decrease not signal that habitat outside the specific physical and biological the suitability of these areas to support designation is unimportant or may not requirements of Holocarpha H. macradenia. be required for recovery. Areas that macradenia is described in the (3) The grassland communities should support newly discovered populations Background section of this final rule. be maintained to ensure that the habitat in the future, but are outside the critical Additional information about needs of pollinators and dispersal habitat designation will continue to be appropriate management techniques is agents are maintained. The use of subject to conservation actions that may being generated by ongoing management pesticides should be limited or be implemented under section 7(a)(1) of efforts and research on life history. As restricted so that viable populations of the Act and to the regulatory protections discussed in the Background section, pollinators are present to facilitate afforded by the section 7(a)(2) jeopardy several agencies such as the CDFG, reproduction of Holocarpha

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macradenia. Fragmentation of habitat Watsonville, Tierra, Elkhorn, Santa Inez, we believe that future conservation and through construction of roads and and Pinto series. recovery of this species depends not certain types of fencing should be (2) Plant communities that support only on protecting it in the limited areas sufficiently limited to allow seed associated species, including native that it currently occupies, but also on dispersal agents to move H. macradenia grasses such as Nassella sp. providing the opportunity to expand its seed throughout the unit. (needlegrass) and Danthonia californica distribution by protecting currently (4) The grassland communities need (California oatgrass); native herbaceous unoccupied habitat within its historic to be maintained to facilitate species such as members of the genus range. Protection of each of the locations germination and the establishment of Hemizonia (other tarplants), Perideridia where H. macradenia occurs is essential seedlings, because this is a critical gairdneri (Gairdner’s yampah), for the conservation of this species to bottleneck in the life cycle of the species Plagiobothrys diffusus (San Francisco reduce the risks of extirpation that is (Bainbridge, in litt., 2002b). In popcorn flower), and Trifolium inherent in having so few extant particular, this portion of the species’ buckwestiorum (Santa Cruz clover); and populations, especially when so many life cycle requires a reduced litter layer (3) Physical processes, particularly of the populations comprise so few and canopy height of surrounding soils and hydrologic processes, that individuals. The slight variations in vegetation. This can be achieved maintain the soil structure and elevation, coastal influence, and soil through either mowing or livestock hydrology that produce the seasonally types found among the critical habitat grazing. A discussion of more detailed saturated soils characteristic of units are important in shaping the prescriptions is beyond the scope of this Holocarpha macradenia habitat. phenological (e.g., timing of rule, as the optimal regime will vary Site Selection reproduction), morphological (i.e., from site to site, depending on a number physical structure and form), and We identified critical habitat areas of variables. However, research efforts physiological adaptations of plant essential for the conservation of that are currently underway will assist populations to specific environments Holocarpha macradenia in the three in developing more site-specific (Clausen et al. 1948, Clausen 1951). For recommendations. primary areas where it is known to occur: In the East Bay (Contra Costa example, elevation and distance from (5) In the grassland communities the coast influence precipitation and where Holocarpha macradenia occurs, County); in the Santa Cruz-Soquel area (Santa Cruz County); and the average daily temperatures to which a invasive, nonnative species such as population is subjected, while soil type French broom, eucalyptus, acacia, Watsonville area (Santa Cruz and Monterey Counties). Historic locations can influence nutrient and water Harding grass, bromes, artichoke thistle, availability. The heritable local and bristly ox-tongue and other species for which there are no recent records of occupancy (within the last 20 years) adaptations that develop as a result of need to be actively managed to reduce such environmental variations reflect competition and maintain the open were not proposed for designation, including those previously found in genetic variability within the species. habitat that H. macradenia needs. Preserving this genetic variability in (6) Certain areas where Holocarpha Marin and Alameda Counties that have become urbanized over the last 100 endemic species that allows for macradenia occurs may need to be adaptation to changing climatic and fenced to protect them from accidental years; locations to the north of Santa Cruz where H. macradenia has not been other environmental influences is or intentional trampling by humans and important to improve the likelihood that livestock, and to facilitate management seen in over 50 years; and locations around the Watsonville area that have the species will be able to survive and of the habitat through intentional adapt to such future environmental grazing or other means. been destroyed by fill, agricultural activities, and parking lot construction. changes (Falk 1992). Primary Constituent Elements In the East Bay, only one of the eight In addition to maintaining existing In accordance with section 3(5)(A)(i) sites that support an introduced populations, the persistence of the of the Act and regulations at 50 CFR population of H. macradenia in Wildcat species requires surrounding habitat 424.12, in determining which areas to Regional Park is being proposed for needed to maintain the ecological propose as critical habitat, we consider designation because it is the largest processes that allow the populations those physical and biological features seeded population that represents the and the primary constituent elements to (primary constituent elements) that are genetic variability of the northern persist. These ecological processes essential to the conservation of the portion of the species’ range. Several include the expansion and shifting of species and that may require special commenters suggested that additional populations over time, the maintenance management considerations or critical habitat should have been of pollinator interactions that maintain protection. These include, but are not proposed in the northern portion of the the gene flow between populations over limited to: Space for individual and species range (East Bay area). While we time, and the maintenance of seed population growth, and for normal agree that additional areas in the dispersal vectors that serve to distribute behavior; food, water, air, light, northern portion of its range may be seed between existing sites as well as to minerals or other nutritional or required for the long term conservation new sites. The ability to maintain physiological requirements; cover or of the species, the information necessary disturbance factors (for example, shelter; sites for germination, or seed to propose other areas was not available grazing, mowing, or fire disturbance) dispersal; and habitats that are protected to us at the time the proposal was that maintain the openness of vegetation from disturbance or are representative of prepared, and is therefore not included that the species requires for successful the historic geographic and ecological here. However, additional habitat germination is also critical to the long distributions of a species. outside the designated areas may later term persistence of the species. Threats Based on our knowledge to date, the be discovered to be critical for the to the remaining habitat of H. primary constituent elements for H. recovery of the species, and may be macradenia include: Urban macradenia consist of, but are not included in recovery activities for the development and its associated impacts, limited to: species in the future. such as habitat fragmentation, (1) Soils associated with coastal Due to the historic loss of the habitat recreational use, and changes in grazing terrace prairies, including the that supported Holocarpha macradenia, regimes that may have facilitated the

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increase in nonnative plant species that currently known to occur, we do not urban landscaped areas will not contain compete with H. macradenia. The areas imply that habitat outside the any of the primary constituent elements. we are designating as critical habitat designation is unimportant or may not Federal actions limited to these areas, provide some or all of the habitat be required for recovery of the species. therefore, would not trigger a section 7 components essential for the Areas that support newly discovered consultation, unless they affect the conservation of H. macradenia. Given populations in the future, but are species and/or primary constituent the species’ need for a reduced litter outside the critical habitat designation, elements in adjacent critical habitat. layer and canopy height and the threat will continue to be subject to of competition from nonnative species, conservation actions that may be Critical Habitat Designation we believe that these areas require implemented under section 7(a)(1) of The critical habitat areas described special management considerations or the Act and to the regulatory protections below constitute our best assessment at protection. afforded by the section 7(a)(2) jeopardy this time of the areas needed for the In our delineation of the critical standard and the prohibitions of section conservation and recovery of habitat units, we believe it is important 9 of the Act, as determined on the basis Holocarpha macradenia. Critical habitat to designate all areas that currently of the best available information at the being designated for H. macradenia support native populations of time an action is being proposed. consists of 11 units that currently Holocarpha macradenia because the sustain the species. The geographic number of populations that have been Mapping range that H. macradenia occupies has extirpated and the reduction in range The critical habitat units were been reduced to so few sites that the that the species has undergone place a delineated by creating data layers in a species may well be threatened with great importance on the conservation of geographic information system (GIS) extinction in the near future, all the known remaining sites. In the format of the areas where Holocarpha particularly if appropriate management area just west of Watsonville, a number macradenia is known to occur, using of the remaining habitat is not of populations that are in close information from the California Natural employed. Protection of this designated geographic proximity to each other are Diversity Data Base (CNDDB 2001), critical habitat is essential for the included in the same unit because the aerial photos, recent biological surveys conservation of the species because it distribution of H. macradenia in this and reports, and discussions with would reduce the threat to the species area was probably once greater, prior to botanical experts. These data layers from future population extirpations due fragmentation of populations into were created on a base of USGS 7.5’ to stochastic events. Further, because smaller units. Maintaining the quadrangles obtained from the State of this species cannot self-pollinate, connectivity between these populations California’s Stephen P. Teale Data maintenance of adequate gene flow through gene flow and seed dispersal is Center. Critical habitat units were between populations, which is critical important for maintaining the genetic mapped using UTM coordinates. Some to producing the genetic variability variability that will contribute to the units were mapped with a greater necessary for the species’ survival and long term persistence of the species. precision than others, based on the With regard to the experimental available information, and the size of recovery, is dependent on the retention seeded populations of H. macradenia, the unit. of lands containing suitable habitat in we acknowledge the importance these In selecting areas of designated sufficiently close proximity to existing seeding trials have offered with respect critical habitat we made an effort to populations to allow for their expansion to understanding the range of habitat avoid developed areas, such as housing as well as for gene flow to other nearby characteristics that H. macradenia may developments, that are unlikely to populations. The areas being designated tolerate. However, based on current contain the primary constituent as critical habitat are within the three information, we believe that only the elements or otherwise contribute to the primary areas that currently support H. area that supports the Mezue population conservation of Holocarpha macradenia and include the appropriate is essential to the recovery of the macradenia. However, we could not coastal terrace prairie habitat necessary species. This population is the best map critical habitat in sufficient detail for the species. We are designating expression of the genetic variability that to exclude all developed areas, or other approximately 2,902 ha (1,174 ac) of once occurred in the northern end of the lands unlikely to contain the primary land as critical habitat for H. range of the species; native stands in constituent elements essential for the macradenia. this portion of the range have now been conservation of H. macradenia. Areas The approximate areas of designated extirpated. within the boundaries of the mapped critical habitat by land ownership are Even though we did not have units, such as buildings, roads, parking shown in Table 1. Lands proposed are sufficient information to propose sites lots, railroads, airport runways and under private, county, State, and other than where populations are other paved areas, lawns, and other Federal jurisdiction.

TABLE 1.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC) 1 OF CRITICAL HABITAT FOR Holocarpha macradenia BY LAND OWNERSHIP

County/ Unit name State Private City Federal Total

A. Mezue ...... 0 ha 0 ha 50 ha 0 ha 50 ha (0 ac) (0 ac) (130 ac) (0 ac) (130 ac) B. Graham Hill ...... 0 ha 12 ha 0 ha 0 ha 12 ha (0 ac) (30 ac) (0 ac) (0 ac) (30 ac) C. De Laveaga ...... 2 ha 0 ha 0 ha 0 ha 2 ha (5 ac) (0 ac) (0 ac) (0 ac) (5 ac) D. Arana Gulch ...... 0 ha 0 ha 26 ha 0 ha 26 ha (0 ac) (0 ac) (65 ac) (0 ac) (65 ac)

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TABLE 1.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC) 1 OF CRITICAL HABITAT FOR Holocarpha macradenia BY LAND OWNERSHIP—Continued

County/ Unit name State Private City Federal Total

E. Twin Lakes ...... 11 ha 0 ha 0 ha 0 ha 11 ha (26 ac) (0 ac) (0 ac) (0 ac) (26 ac) F. Rodeo Gulch ...... 0 ha 11 ha 0 ha 0 ha 11 ha (0 ac) (26 ac) (0 ac) (0 ac) (26 ac) G. Soquel ...... 0 ha 18 ha 22 ha 0 ha 40 ha (0 ac) (45 ac) (55 ac) (0 ac) (100 ac) H. Porter Gulch ...... 0 ha 14 ha 0 ha 0 ha 14 ha (0 ac) (35 ac) (0 ac) (0 ac) (35 ac) I. Watsonville ...... 23 ha 340 ha 125ha 0 ha 488 ha (56 ac) (840 ac) (309 ac) (0 ac) (1,205 ac) J. Casserly ...... 0 ha 450 ha 0 ha 0 ha 450 ha (0 ac) (1,110 ac) (0 ac) (0 ac) (1,110 ac) K. Elkhorn ...... 0 ha 70 ha 0 ha 0 ha 70 ha (0 ac) (170 ac) (0 ac) (0 ac) (170 ac)

Total ...... 27 ha 920 ha 230 ha 0 ha 1,175 ha (66 ac) (2,270 ac) (570 ac) (0 ac) (2,902 ac) 1 Approximate acres from GIS map data have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping, ap- proximate hectares and acres greater than or equal to 30 (≥ 30) have been rounded to the nearest 5; totals are sums of columns and rows.

A brief description of each critical approximately 1 mile north of the City within De Laveaga Park just north of the habitat unit is given below: of Santa Cruz in Santa Cruz County. City of Santa Cruz in Santa Cruz This entire unit of approximately 12 ha County. This entire unit of East Bay Area Unit (30 ac) is on privately owned lands. The approximately 2 ha (5 ac) is on State Unit A: Mezue unit includes a 7-ha (17-ac) area that has lands managed by the CANG and Unit A consists of grassland habitat been set aside through a conservation supported by Federal funds from the on sloping alluvial deposits from old easement to the County of Santa Cruz National Guard Bureau. The CANG does marine terraces within Wildcat Regional for conservation of coastal prairie not anticipate undertaking any new Park in Contra Costa County. This entire habitat and Holocarpha macradenia as military activities on this parcel beyond unit of approximately 50 ha (130 ac) is mitigation for an adjacent development its current use as an assembly point for on lands managed by the EBRPD. that comprises 52 residences and monthly drills and as storage for Management activities at this site associated amenities. The population equipment. In 2001, a maintenance crew include controlled grazing, removal of has been fenced and nonnative species from the adjacent city-owned golf invasive artichoke thistle, and annual have been removed; however, efforts to course spread wood chips from a felled population monitoring (EBRPD 1992, enhance the population, as called for in tree over half the population. The CANG 2001). Of the 22 sites that were used as a management plan (Environmental has initiated management actions to sites to introduce Holocarpha Science Associates 1996), have not yet restore and enhance habitat for H. macradenia seed in the East Bay region been initiated. In 1994, this population macradenia, including removal of the between 1982 and 1986, this population numbered 12,000 individuals; by 1998, wood chips and chunks of eucalyptus has been the only one that has 675 individuals were counted; and in logs. In addition, the CANG has consistently supported a large 2001, approximately 550 individuals initiated development of an INRMP population of H. macradenia. In the were counted (V. Haley, consultant, (CANG 2002); if the final plan meets the year 2000, this population supported Felton, California, pers. comm., 2001). criteria outlined earlier in our response over 17,000 individuals (CDFG 2000). This unit is important because it to comment number eight, the critical Although this population is an currently supports a population of H. habitat designation may be removed introduced population, this unit is macradenia and because it represents from this unit in the future. This unit is essential to the survival and the western limit of the cluster of essential because it currently supports a conservation of the species because this populations that are found on the population of H. macradenia and population represents the genetic northern end of Monterey Bay. This because it is one of only seven variability in the northernmost portion unit, along with the Fairway Unit, populations in the cluster of of the plant’s range and is important for occurs at the highest elevation of the populations that are found on the the expansion of the existing native populations (122 m (400 ft)) and northern end of Monterey Bay. Despite population. In recognition of the consequently the farthest away from the its small size, this unit is essential conservation value of this population, influence of the coastal climate. because it is located between the the Service is contributing funding Preserving the genetic variability within Graham Hill, Arana Gulch, and Rodeo toward nonnative species removal at the species that has allowed it to adapt Gulch Units, and is important for this site (Service 2002). to these different environmental maintaining connectivity between these Santa Cruz—Soquel Area Units conditions is essential for the long-term other units. survival and conservation of the species. Unit B: Graham Hill Unit D: Arana Gulch Unit C: De Laveaga Unit B consists of grasslands on a Unit D consists of grasslands on a relatively flat coastal terrace prairie on Unit C consists of grasslands on a relatively flat coastal terrace prairie the west side of Graham Hill Road, relatively flat coastal terrace prairie within an open space preserve just

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north of Woods Lagoon in the City of ranged in size from 120 individuals in Unit G: Soquel Santa Cruz. This entire unit of 1986 to 21 individuals in 2002 (Hyland Unit G consists of grasslands on approximately 26 ha (65 ac) is on lands 2002). This unit is essential because it sloping alluvial deposits and adjacent owned and managed by the City of currently supports a population of H. relatively flat coastal terrace prairie that Santa Cruz. It is bounded on the west, macradenia and because it is one of straddles the Rodeo Gulch and Soquel east, and north sides by existing only seven populations in the cluster of Creek drainages north of the community development and on the south side by populations that are found on the of Soquel in Santa Cruz County. It is the Santa Cruz Harbor. Huge population northern end of Monterey Bay. As with bounded on the north, east, and south fluctuations have occurred on this site, the Arana Gulch Unit, it occurs at the sides by existing development; the ranging from 100,000 individuals in the lowest elevation of the native western side is bounded by lands that late 1980s when the site was being populations in the northern Monterey have not been developed. grazed by cattle, to no plants in 1995 (K. Bay area (12 to 18 m (40 to 60 ft)) and Approximately 22 ha (55 ac) of this 40- Lyons, in litt., 2001). The City entered consequently the closest to the ha (100-ac) unit is within Anna Jean into a Memorandum of Understanding influence of the coastal climate. Cummings Regional Park (also known as with the CDFG in 1997 to manage Moreover, the two units are within one- O’Neill Ranch), which is managed by Holocarpha macradenia, which half mile of each other and therefore the County of Santa Cruz. The includes utilizing a variety of could retain connectivity between them. remaining portion is privately owned. management techniques to enhance the On the park lands, the population has population. As of 1998, individuals Unit F: Rodeo Gulch been fenced, and portions of the habitat numbered approximately 12,820; in Unit F consists of sloping alluvial for the plant are being mowed and raked 2000, they numbered 234; and in 2002 deposits and adjacent relatively flat in accordance with a management plan they numbered approximately 10,000 coastal terrace prairie that straddles the (K. Lyons, in litt., 2001; Seals 2002). (Ecosystems West 1999; Joe Rigney, Arana Gulch and Rodeo Gulch consultant, pers. comm., 2001). The This unit is essential because it drainages north of the community of currently supports a population of H. County of Santa Cruz approved a Soquel in Santa Cruz County. It is housing development for the privately- macradenia and because it is one of bounded on the north, east, and south only seven populations in the cluster of owned parcel (previously known as sides by existing development; the populations that are found on the Tan, but now called Seacrest) in 1997. western side is bounded by lands that northern end of Monterey Bay. This unit The development included an have not been developed. This entire and the Twin Lakes Unit occur at the approximately 4-ha (10-ac) parcel to be unit of approximately 11 ha (26 ac) is lowest elevation of the native set aside for conservation and a plan to on privately owned lands. This unit populations in the northern Monterey manage the habitat for Holocarpha includes a parcel that has recently been Bay area (12 to 18 m (40 to 60 ft)) and macradenia. Although part of the same proposed for a housing development are consequently the closest to the population, the CNDDB has maintained known as Santa Cruz Gardens influence of the coastal climate. two separate entries (O’Neill and Tan) to Subdivision Unit 12 (Denise Duffy and Moreover, these two units are within reflect the two land ownerships. The one-half mile of each other and Associates 2001). This parcel was total number of individuals in the therefore could retain connectivity previously set aside in a ‘‘temporary combined population has never been between them. It is also essential for the open space easement’’ as mitigation for larger than 200 individuals, with the recovery of the species because current destroying a portion of the H. private parcel supporting only a portion management by the City of Santa Cruz macradenia population by an earlier of those (CNDDB 2001). To date, has allowed this site to support the third phase of the development in 1986 management activities have not resulted largest standing native population of (Service 2000). The current in enhancing the population of the tarplant. It therefore contributes development proposal calls for setting species on either parcel. This unit is significantly to the seed bank reserve for aside approximately 23 ha (56 ac) for essential because it has recently the species and is large enough to conservation and recreation purposes, supported a population of H. support management activities that may and includes much of the habitat that macradenia and the seed bank is still be necessary to maintain the population supports H. macradenia. Salvage of soil present, and because it is one of only at this site. and an H. macradenia seed bank is seven populations in the cluster of being proposed for another portion of populations that are found on the Unit E: Twin Lakes the project site that will be impacted by northern end of Monterey Bay. In Unit E consists of grasslands on development (Lyons 1999). This addition to the seed bank for this relatively flat coastal terrace prairie just population numbered approximately 60 population, this unit supports grassland north of Schwan Lagoon within the City individuals in 1993; none have been habitat that provides for future of Santa Cruz. This entire unit of observed since then (CNDDB 2001). expansion of the population. Also, it is approximately 11 ha (26 ac) is on lands However, a seed bank likely persists at within one-half mile of the Rodeo Gulch owned by the CDPR within Twin Lakes this site. This unit is essential because Unit, and therefore could retain State Park. It is bounded on the west, of the likely presence of an H. connectivity between the units. north, and east sides by existing macradenia seed bank and because it is Moreover, the acreage in Anna Jean development, and on the south side by one of only seven populations in the Cummings Park represents one of the Schwan Lagoon. Since 1997, CDPR has cluster of populations that are found on best remaining fragments of habitat on been actively managing Holocarpha the northern end of Monterey Bay. In which to attempt recovery activities for macradenia habitat by removing addition to the seed bank for this H. macradenia, as it has been subject to invasive, nonnative species and population, this unit supports grassland fewer impacts than other sites. attempting various methods of habitat that provides for future enhancing the population (Service expansion of the population. Also, it is Unit H: Porter Gulch 2000). CDPR has also funded research within one-half mile of the Soquel Unit, Unit H consists of grasslands on on H. macradenia seed bank dynamics and therefore could retain connectivity gently sloping alluvial deposits derived (Bainbridge 1999). This population has between the units. from a coastal terrace that straddles the

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Bates Creek and Porter Gulch drainages (1,205-ac) unit is partly owned by the macradenia occurs within this unit. The north of the community of Soquel in City of Watsonville (the Airport and population numbered approximately Santa Cruz County. It is bounded on all High School) (approximately 125 ha 4,000 individuals in 1990 (CNDDB sides by undeveloped lands. This entire (309 ac)); a small portion is under 2001); the population was observed in unit of approximately 14 ha (35 ac) is easement to CalTrans (approximately 8 1995 and 2001, though not counted. The on privately owned lands. The ha (19 ac)); a portion is designated as a population was fragmented by population of Holocarpha macradenia Reserve by the CDFG (approximately 15 development of the Spring Hills Golf at this site includes an approximately ha (37 ac)); and the remaining portion Course, and now consists of five 12-ha (30-ac) parcel that was proposed is privately owned (approximately 340 separate occurrences. This unit is for a lot split. A management plan for ha (840 ac)). This unit overlaps in part essential because it currently supports the species was developed as part of the with an area that is targeted for regional multiple occurrences of H. macradenia proposed split (Greening Associates conservation planning by the CDFG. that are found in the Monterey Bay area, 1995); however, the management plan Through its Conceptual Area Protection including the five populations known for H. macradenia has not been fully Plan process, CDFG, along with other from the Spring Hills Golf Course. This implemented. This unit also includes Federal, State, and local agencies and unit also supports grassland habitat that adjacent coastal prairie habitat, of which organizations, are identifying is important for the expansion of approximately 4 ha (9 ac) was deeded in opportunities to preserve sensitive existing populations, and for 2001 to the Land Trust of Santa Cruz species and habitats, including the maintaining connectivity between these County for preservation. In 1993, the Harkins Slough and Watsonville Slough populations. It is one of only three areas population of H. macradenia numbered wetlands and adjacent habitats (J. that support populations of H. approximately 1,500 individuals DeWald, in litt., 2001). This unit is macradenia that are found in the central (CNDDB 2001). The population essential because it currently supports Monterey Bay area and in the southern numbered only several hundred multiple populations of H. macradenia end of the range of the species as well individuals in 2001 when the site was including the populations known from as the most inland distribution of the observed to support a large cover of the Airport, Harkins Slough, Apple Hill, species. Preserving genetic variability rattlesnake grass that likely competed and Bay Breeze (see Background for within the species that has allowed it to with H. macradenia (C. Rutherford, additional population information). adapt to these slightly different Service, pers. obs., 2001). This unit is This unit also supports grassland habitat environmental conditions is essential essential because it currently supports a that is important for the expansion of for the long-term survival and population of H. macradenia, and existing populations and for conservation of the species. maintaining connectivity between the because it is one of only seven Unit K: Elkhorn populations in the cluster of populations. It is also one of only three populations that are found on the areas that support populations of H. Unit K consists of sloping terrain on northern end of Monterey Bay. Also, macradenia that are found in the central the edges of a coastal terrace, just south along with the Graham Hill Unit, this Monterey Bay area and in the southern of the Pajaro River in northern Monterey one occurs at the highest elevation of end of the range of the species. County. The population of Holocarpha macradenia that is found here is the native populations (122 m (400 ft)) Preserving any genetic variability within unusual in that it occurs on a canyon and consequently the farthest away from the species that has allowed it to adapt bottom; it is also the only population the influence of the coastal climate. to these slightly different environmental that occurs primarily on the Santa Ynez Preserving the genetic variability within conditions is essential for the long-term soil series. This unit of approximately the species that has allowed it to adapt survival and conservation of the species. 70 ha (170 ac) is privately owned by the to these slightly different environmental Just prior to publication of this final Elkhorn Slough Foundation conditions is essential for the long-term rule, we were informed that (Foundation). The CDFG holds a survival and conservation of the species. construction of the Millennium High School had been initiated. Therefore, conservation easement on an Watsonville Area Units with this unit description, we are approximately 16-ha (40-ac) parcel that overlaps in part with this unit; the Unit I: Watsonville removing the 32 acres that are being converted to building, paved surfaces, Foundation is managing the parcel for Unit I consists of grasslands on and playing fields because these areas its biological values. Multiple Federal, alluvial fans and marine terraces west of will no longer support the primary State, and local government and private the City of Watsonville in Santa Cruz constituent elements. Note, however, agencies have recently developed a County; during the remapping for the that the 32 acres have not been removed conservation plan for the Elkhorn final rule we removed most of the low- from the map depicting this unit; nor Slough watershed; this critical habitat lying drainages that interdigitate with have they been subtracted from the unit unit is within the 18,210-ha (45,000-ac) the grasslands. The northern and eastern total and overall total number of acres area on which the conservation plan boundaries reach toward the Corralitos being designated as critical habitat for focuses (Scharffenberger 1999). In 1993, Creek drainage except where it runs up the species. the population at this site comprised against existing development. The approximately 3,200 individuals southeastern and southern boundary is Unit J: Casserly (CNDDB 2001). Salix spp. (willow) formed by the Pajaro River drainage. Unit J consists of open patches of planting that has been undertaken as The western boundary is formed by the grassland interspersed with golf course part of a riparian enhancement project Harkins Slough drainage and then greens, cattle pastures, croplands, and may increase shading on an adjacent generally follows Buena Vista Drive orchards. This entire unit of population of H. macradenia, leading to north until it intersects with the approximately 450 ha (1,110 ac) consists a reduction in the size of that northern perimeter of the Watsonville of privately owned lands. It is the unit population (Holl, in litt., 2002). This Airport (Airport). This unit excludes for which the least amount of unit is essential because it currently paved areas of the Airport, but includes information is available, particularly supports a population of H. macradenia the unpaved portions surrounding the with respect to existing land uses. The and because it is one of only three areas runways. This approximately 488-ha Spring Hills population of Holocarpha that support populations of H.

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macradenia that are found on the opinion when the species is listed or section 10(a)(1)(B) of the Act permit central Monterey Bay area and in the critical habitat designated, if no from the Service, or any other activity southern end of the range of the species. substantial new information or changes requiring a Federal action (i.e., funding Also, this is the only population that in the action alter the content of the or authorization from the Federal occurs primarily on the Santa Ynez soil opinion (50 CFR 402.10(d)). Highway Administration or Federal series. Preserving any genetic variability If a species is listed or critical habitat Emergency Management Agency), will within the species that has allowed it to is designated, section 7(a)(2) of the Act also be subject to the section 7 adapt to these slightly different requires Federal agencies to ensure that consultation process. Federal actions environmental conditions is essential actions they authorize, fund, or carry not affecting listed species or critical for the long-term survival and out are not likely to jeopardize the habitat, and actions on non-Federal land conservation of the species. In addition continued existence of such a species or that are not federally funded, to the current population, this unit to destroy or adversely modify its authorized, or permitted do not require comprises grassland habitat that is critical habitat. If a Federal action may section 7 consultation. important for the expansion of the affect a listed species or its critical To properly portray the effects of population. habitat, the responsible Federal agency critical habitat designation, we must (action agency) must enter into first compare the section 7 requirements Effects of Critical Habitat Designation consultation with us. Through this for actions that may affect critical Section 7 Consultation consultation the Federal action agency habitat with the requirements for would ensure that the permitted actions actions that may affect a listed species. Section 7(a)(2) of the Act requires do not destroy or adversely modify Section 7 ensures that actions funded, Federal agencies, including the Service, critical habitat. authorized, or carried out by Federal to ensure that actions they fund, If we issue a biological opinion agencies are not likely to jeopardize the authorize, permit, or carry out do not concluding that a project is likely to continued existence of a listed species, destroy or adversely modify critical result in the destruction or adverse or destroy or adversely modify the listed habitat. Destruction or adverse modification of critical habitat, we also species’ critical habitat. Actions likely modification of critical habitat occurs provide ‘‘reasonable and prudent to ‘‘jeopardize the continued existence’’ when a Federal action directly or alternatives’’ to the project, if any are of a species are those that would indirectly alters critical habitat to the identifiable. Reasonable and prudent appreciably reduce the likelihood of the extent it appreciably diminishes the alternatives are defined at 50 CFR species’ survival and recovery. Actions value of critical habitat for the 402.02 as alternative actions identified likely to ‘‘destroy or adversely modify’’ conservation of the species. Individuals, during consultation that can be critical habitat are those that would organizations, States, local governments, implemented in a manner consistent appreciably reduce the value of critical and other non-Federal entities are with the intended purpose of the action, habitat for the survival and recovery of affected by the designation of critical that are consistent with the scope of the the listed species. habitat only if their actions occur on Federal agency’s legal authority and The relationship between a species’ Federal lands, require a Federal permit, jurisdiction, that are economically and survival and its recovery has been a license, or other authorization, or technologically feasible, and that the source of confusion to some in the past. involve Federal funding. Director believes would avoid We believe that a species’ ability to Section 7(a) of the Act requires destruction or adverse modification of recover depends on its ability to survive Federal agencies, including the Service, critical habitat. Reasonable and prudent into the future when its recovery can be to evaluate their actions with respect to alternatives can vary from slight project achieved; thus, the concepts of long- any species that is proposed or listed as modifications to extensive redesign or term survival and recovery are endangered or threatened, and with relocation of the project. intricately linked. However, in the respect to its critical habitat, if any is Regulations at 50 CFR 402.16 require March 15, 2001, decision of the United designated or proposed. Regulations Federal agencies to reinitiate States Court of Appeals for the Fifth implementing this interagency consultation on previously reviewed Circuit (Sierra Club v. U.S. Fish and cooperation provision of the Act are actions under certain circumstances, Wildlife Service et al., 245 F.3d 434) codified at 50 CFR part 402. including instances where critical regarding our previous not prudent Section 7(a)(4) of the Act requires habitat is subsequently designated and finding, the Court found our definition Federal agencies to confer with us on the Federal agency has retained of destruction or adverse modification any action that is likely to jeopardize discretionary involvement, or control as currently contained in 50 CFR 402.02 the continued existence of a species has been retained, or it is authorized by to be invalid. In response to this proposed for listing, or result in law. Consequently, some Federal decision, we are reviewing the destruction or adverse modification of agencies may request reinitiation of regulatory definition of adverse proposed critical habitat. Conference consultation or conference with us on modification in relation to the reports provide conservation actions for which formal consultation conservation of the species. recommendations to assist action has been completed, if those actions Section 4(b)(8) of the Act requires us agencies in eliminating conflicts that may affect designated critical habitat, or to evaluate briefly and describe in any may be caused by their proposed adversely modify or destroy proposed proposed or final regulation that action(s). The conservation measures in critical habitat. designates critical habitat those a conference report are advisory. Activities that may affect Holocarpha activities involving a Federal action that We may issue a formal conference macradenia or its critical habitat will may adversely modify such habitat or report, if requested by the Federal action require consultation under section 7 of that may be affected by such agency. Formal conference reports the Act. Activities on private or State designation. Activities that may destroy include an opinion that is prepared lands, that require a permit from a or adversely modify critical habitat according to 50 CFR 402.14, as if the Federal agency, such as a permit from would be those that alter the primary species was listed or critical habitat the U.S. Army Corps of Engineers constituent elements to the extent that designated. We may adopt the formal (Corps) under section 404 of the Clean the value of critical habitat for both the conference report as the biological Water Act (33 U.S.C. 1344 et seq.), a survival and recovery of Holocarpha

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macradenia is appreciably reduced. We requests are contained under Comment ensure that the HCPs provide for note that such activities may also Nos. 8, 9, and 10 in the Response to protection and management of habitat jeopardize the continued existence of Comments section earlier in this rule. areas essential for the conservation of the species. As discussed in this final rule and in this species. This will be accomplished Activities that, when carried out, our economic analysis for this by either directing development and funded, or authorized by a Federal rulemaking, we have determined that habitat modification to nonessential agency, may directly or indirectly the adverse economic effects resulting areas, or appropriately modifying destroy or adversely modify critical from this critical habitat designation activities within essential habitat areas habitat for Holocarpha macradenia will be minimal. We believe all the so that such activities will not adversely include, but are not limited to: areas included in this designation, modify the primary constituent (1) Activities that alter watershed including those for which exclusions elements. The HCP development characteristics in ways that would were requested, are essential for the process would provide an opportunity appreciably alter or reduce the quality conservation of Holocarpha macradenia for more intensive data collection and or quantity of surface and subsurface because native populations have already analysis regarding the use of particular flow of water needed to maintain the been extirpated from the northern two- habitat areas by H. macradenia. The coastal terrace prairie habitat. Such thirds of its range, and the only process would also enable us to conduct activities adverse to Holocarpha remaining expression of the northern detailed evaluations of the importance macradenia could include, but are not gene stock persists as introduced of such lands to the long-term survival limited to, maintaining an unnatural fire populations in the middle portion of its of the species in the context of regime either through fire suppression range (East Bay area). This designation constructing a biologically configured or prescribed fires that are too frequent would protect the remaining existing system of interlinked habitat blocks. or poorly-timed; residential and populations, adjacent suitable areas We will provide technical assistance commercial development, including needed for the expansion of populations and work closely with applicants road building and golf course and would maintain connectivity throughout the development of any installations; agricultural activities, between populations through pollinator future HCPs to identify lands essential including orchardry, viticulture, row activity and seed dispersal mechanisms, for the long-term conservation of H. crops, and livestock grazing; and and the ecological functions upon macradenia and appropriate vegetation manipulation such as which the species depends. The role management for those lands. harvesting firewood in the watershed that these lands play in the long term Furthermore, we will complete intra- upslope from H. macradenia; and persistence of the species is also Service consultation on our issuance of (2) Activities that appreciably degrade discussed under the Site Selection and section 10(a)(1)(B) permits for these or destroy coastal terrace prairie habitat, Critical Habitat Designation sections HCPs to ensure permit issuance will not including but not limited to livestock earlier in this rule. We believe that the destroy or adversely modify critical grazing, clearing, discing, introducing or designation of the lands in this final habitat. encouraging the spread of nonnative rule as critical habitat outweigh the Economic Analysis species, and heavy recreational use. As benefits of their exclusion from being noted earlier in the rule, some form of designated as critical habitat. Section 4(b)(2) of the Act requires us grazing may be helpful if it maintains Consequently, none of the proposed to designate critical habitat on the basis open habitat and decreases competition lands have been excluded from the of the best scientific and commercial from other species. designation based on economic impacts information available and to consider If you have questions regarding or other relevant factors pursuant to the economic and other relevant whether specific activities will likely section 4(b)(2). impacts of designating a particular area constitute adverse modification of as critical habitat. We may exclude areas critical habitat, contact the Field Relationship to Habitat Conservation from critical habitat upon a Supervisor, Ventura Fish and Wildlife Plans and Other Planning Efforts determination that the benefits of such Office (see FOR FURTHER INFORMATION Currently, there are no habitat exclusions outweigh the benefits of CONTACT section). Requests for copies of conservation plans (HCPs) that include specifying such areas as critical habitat. the regulations on listed wildlife and Holocarpha macradenia as a covered We cannot exclude such areas from inquiries about prohibitions and permits species. Section 10(a)(1)(B) of the Act critical habitat when such exclusion may be addressed to the U.S. Fish and authorizes us to issue permits for the will result in the extinction of the Wildlife Service, Portland Regional take of listed species incidental to species concerned. Office, 911 NE 11th Avenue, Portland, otherwise lawful activities. An Following the publication of the OR 97232–4181 (503/231–6131, FAX incidental take permit application must proposed critical habitat designation, a 503/231–6243). be supported by an HCP that identifies draft economic analysis was conducted conservation measures that the to estimate the potential economic effect Exclusions Under Section 4(b)(2) permittee agrees to implement for the of the designation. The draft analysis Subsection 4(b)(2) of the Act allows species to minimize and mitigate the was made available for review on May us to exclude areas from the critical impacts of the permitted take. Although 7, 2002 (67 FR 30642). We accepted habitat designation where the benefits of ‘‘take’’ of listed plants is not prohibited comments on the draft analysis until exclusion outweigh the benefits of by the Act, listed plant species may also this second public comment period designation, provided the exclusion will be covered in an HCP for wildlife closed on June 6, 2002. not result in extinction of the species. species. In most instances we believe Our economic analysis evaluated the We received requests for exclusion from that the benefits of excluding HCPs from potential future effects associated with critical habitat designation from the critical habitat designations will the listing of H. macradenia as a following parties: California Army outweigh the benefits of including them. threatened species under the Act, as National Guard, Pajaro Unified School In the event that future HCPs covering well as any potential effect of the District, City of Watsonville, and H. macradenia are developed within the critical habitat designation above and California Department of boundaries of the designated critical beyond those regulatory and economic Transportation; our response to these habitat, we will work with applicants to impacts associated with listing. To

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quantify the proportion of total potential resulting from consultations and project considered comments on it during the economic impacts attributable to the modifications by CalTrans in the preparation of this rule. critical habitat designation, the analysis Watsonville Unit. Costs to local agencies Regulatory Flexibility Act (5 U.S.C. 601 evaluated a ‘‘without section 7’’ baseline are expected to be approximately et seq.) and compared it to a ‘‘with section 7’’ $179,000, primarily resulting from scenario. The ‘‘without section 7’’ consultations and project modifications Under the Regulatory Flexibility Act baseline represents the level of in the Mezue and Watsonville Units. (5 U.S.C. 601 et seq., as amended by the protection currently afforded to the Costs to private landowners are Small Business Regulatory Enforcement species under the Act, absent section 7 expected to be approximately $32,000, Fairness Act (SBREFA) of 1996), protective measures, and includes primarily resulting from consultations whenever an agency is required to protections afforded by other Federal, and modifications within the Rodeo publish a notice of rulemaking for any State, and local laws such as the Gulch and Watsonville Units. These proposed or final rule, it must prepare California Environmental Quality Act. estimates are based on the existing and make available for public comment The ‘‘with section 7’’ scenario identifies consultation history with agencies in a regulatory flexibility analysis that land-use activities likely to involve a this area and increased public describes the effects of the rule on small Federal nexus that may affect the awareness regarding the actual impacts entities (i.e., small businesses, small species or its designated critical habitat, of critical habitat designation on land organizations, and small government which accordingly may trigger future values. Because of Holocarpha jurisdictions). However, no regulatory consultations under section 7 of the Act. macradenia’s limited distribution and flexibility analysis is required if the Upon identifying section 7 impacts, the small amount of available suitable head of the agency certifies the rule will the analysis proceeds to consider the habitat, it is assumed that most projects not have a significant economic impact subset of impacts that can be attributed would be subject to consultation on on a substantial number of small exclusively to the critical habitat their potential impacts to the species, entities. SBREFA amended the designation. The upper-bound estimate regardless of this critical habitat Regulatory Flexibility Act to require includes both jeopardy and critical designation. Therefore, most potential Federal agencies to provide a statement habitat impacts. The subset of section 7 costs are attributable co-extensively to of the factual basis for certifying that the impacts likely to be affected solely by the listing of H. macradenia. The rule will not have a significant the designation of critical habitat designation of critical habitat is not economic effect on a substantial number represents the lower-bound estimate of expected to result in any significant of small entities. SBREFA also amended the Regulatory Flexibility Act to require the analysis. The categories of potential additional regulatory protection.. costs considered in the analysis a certification statement. In this rule, we included the costs associated with: (1) Following the close of the comment are certifying that the critical habitat Conducting section 7 consultations period on the draft Economic Analysis, designation for Holocarpha macradenia associated with the listing or with the a final addendum was completed which will not have a significant economic designation of critical habitat, including incorporated public comments on the impact on a substantial number of small reinitiated consultations and technical draft analysis. The values presented entities. The following discussion assistance; (2) modifications to projects, above may be an overestimate of the explains our rationale. activities, or land uses resulting from potential economic effects of the According to the Small Business the section 7 consultations; (3) designation because the final Administration (http://www.sba.gov/ uncertainty and public perceptions designation has been reduced to size/), small entities include small resulting from the designation of critical encompass 1,175 ha (2,902 ac) versus organizations, such as independent habitat; and (4) potential offsetting the 1,360 ha (3,360 ac) proposed as nonprofit organizations, and small beneficial costs associated with critical critical habitat, a difference of 185 ha governmental jurisdictions, including habitat including educational benefits. (458 ac). school boards and city and town Our economic analysis recognizes that A copy of the final economic analysis governments that serve fewer than there may be costs from delays and a description of the exclusion 50,000 residents, as well as small associated with reinitiating completed process with supporting documents are businesses. The Small Business consultations after the critical habitat included in our administrative record Administration defines small businesses designation is made final. There may and may be obtained by contacting our by their principal trade. For example, also be economic effects due to the Ventura Fish and Wildlife Office (see manufacturing and mining concerns reaction of the real estate market to ADDRESSES section). with fewer than 500 employees, critical habitat designation, as real estate wholesale trade entities with fewer than values may be lowered due to a Required Determinations 100 employees, retail and service perceived increase in the regulatory Regulatory Planning and Review businesses with less than $5 million in burden. However, we believe these annual sales, general and heavy impacts will be short-term. In accordance with Executive Order construction businesses with less than Based on our analysis, we have 12866, this document is a significant $27.5 million in annual business, concluded that the designation of rule and was reviewed by the Office of special trade contractors doing less than critical habitat would not result in a Management and Budget (OMB), as $11.5 million in annual business, and significant economic impact, and OMB determined that this rule may agricultural businesses with annual estimate the potential economic effects raise novel legal or policy issues. The sales less than $750,000 are considered over a 10-year period would be Service has prepared an economic by the Small Business Administration to $338,000. Costs to Federal agencies are analysis of this action. The Service used be small. To determine if potential expected to be approximately $62,000, this analysis to meet the requirement of economic impacts to these small entities primarily resulting from consultations section 4(b)(2) of the Act to determine are significant, we consider the types of and project modifications in the the economic consequences of activities that might trigger regulatory Watsonville Unit. Costs to State designating the specific areas as critical impacts under this rule as well as the agencies are expected to be habitat. This analysis was made types of project modifications that may approximately $57,000, primarily available for public comment, and we result. In general, the term ‘‘significant

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economic impact’’ is meant to apply to array of possible future land uses. At the it faces, especially as described in the a typical small business firm’s business current time, the 450-ha (1,110-ac) final listing rule and in this critical operations. Casserly Unit consists of lands primarily habitat designation, as well as our In determining whether this rule designated for noncommercial experience with similar listed plants in could ‘‘significantly affect a substantial agriculture, and includes hobby farms, California. In addition, the State of number of small entities,’’ the economic rural residences, cattle grazing, and California listed H. macradenia as an analysis first determined whether small animal husbandry. It also includes endangered species under the California critical habitat could potentially affect a two golf courses. Lands within this unit Endangered Species Act in 1979, and ‘‘substantial number’’ of small entities may be developed in the future, we have also considered the kinds of in counties supporting critical habitat although we are not aware of any plans actions required through State areas. While SBREFA does not for development at this time. The 488- consultations for this species. The kinds explicitly define ‘‘substantial number,’’ ha (1,205-ac) Watsonville Unit primarily of actions that may be included in the Small Business Administration, as consists of lands zoned for commercial future reasonable and prudent well as other Federal agencies, have agriculture, including row crops as well alternatives include conservation set- interpreted this to represent an impact as cattle grazing. The remaining portion asides, management of competing on 20 percent or greater of the number of the unit is within the city limits of nonnative species, restoration of of small entities in any industry. In the City of Watsonville. We are aware of degraded habitat, construction of some circumstances, especially with several possible future projects in this protective fencing, and regular critical habitat designations of limited unit, including airport expansion, a high monitoring. extent, we may aggregate across all school development, Federal Highway Our economic analysis identified two industries and consider whether the Administration projects (such as categories of small entities that could total number of small entities affected is rebuilding bridges or widening potentially be affected by this rule: real substantial; though this is not one of freeways), and housing development. estate developers and the Watsonville those circumstances. In estimating the Future development projects in this area Municipal Airport, which is operated by numbers of small entities potentially will also be affected by coastal zone the City of Watsonville. The Small affected, we also considered whether permitting and other State and local Business Administration defines small their activities have any Federal planning and zoning requirements. businesses in this sector to be entities involvement. Designation of critical Several of these projects may have with $5.0 million or less in annual habitat only affects activities conducted, Federal involvement, including the receipts. In determining whether this funded, or permitted by Federal airport expansion that is being funded rule could ‘‘significantly affect a agencies. Some kinds of activities are and permitted by the Federal Aviation substantial number of these small unlikely to have any Federal Administration; a high school entities,’’ the economic analysis first involvement and so will not be affected development that may require section determined whether critical habitat by critical habitat designation. 404 authorizations from the Army Corps could potentially affect a ‘‘substantial Outside the existing developed areas, of Engineers and an incidental take number.’’ While SBREFA does not the projected land uses for the majority permit, pursuant to section 10(a)(1)(B) explicitly define ‘‘substantial number,’’ of the critical habitat consist of of the Act, from the Service; housing our economic analysis has interpreted recreation, military storage, housing developments that may require 404 this to represent an impact on 20 development, agriculture, cattle grazing, authorizations; and watershed and percent or greater of the number of conservation lands for natural resource restoration management projects small entities in any single industry. values, and possible airport expansion. sponsored by the Natural Resources This standard is similar to that adopted Of the 11 critical habitat units identified Conservation Service (NRCS). The by other Federal agencies in their in the proposed rule, 9 consist of fewer requirement in section 7(a)(2) to avoid rulemaking analyses. than 10 parcels each, and 6 of these are jeopardizing listed species and To be conservative, (i.e., more likely only 3 parcels or fewer. Future destroying or adversely modifying to overstate impacts than understate development is not likely in six of these designated critical habitat may result in them), the analysis assumed that a nine units because they are primarily Federal agencies requiring certain unique company will undertake each of park lands or lands dedicated to modifications to proposed projects. the projected consultations in a given conservation. Future development has Based on our experience with section year, and so the number of businesses already been permitted in the remaining 7 consultations for all listed species, affected is equal to the total annual three of these nine units; in these cases, virtually all projects—including those number of consultations (both formal we are coordinating with the that, in their initial proposed form, and informal). The analysis estimated appropriate State, county, and city would result in jeopardy or adverse that, over the next ten years, the annual agencies. We do not anticipate that this modification determinations in section number of small real estate developers designation of critical habitat will result 7 consultations—can be implemented and airport industries that would be in any additional regulatory impacts on successfully with, at most, the adoption affected by section 7 consultations development projects already permitted of reasonable and prudent alternative would be 0.1 and 0.2, respectively. in these units, and we are not aware of measures. These measures, by Given that the total number of small real any Federal activities in these units that definition, must be economically estate development businesses in the would require consultation or feasible and within the scope of area is approximately 286, the annual reinitiation of already-completed authority of the Federal agency involved percentage of small real estate consultations for ongoing projects. As in the consultation. As we have a very developers affected by this rulemaking these three units are small (14 ha (35 ac) limited consultation history for was estimated to be 0.03 percent, well or less), it is unlikely that additional Holocarpha macradenia, we can only below the 20 percent threshold development beyond that already describe the general kinds of actions considered to be ‘‘substantial.’’ Given permitted could occur here. that may be identified in future that the total number of small airports The two remaining units are reasonable and prudent alternatives. and flying fields in the state (the area of significantly larger in acreage and These are based on our understanding of analysis due to the regional aspects of therefore encompass a more diverse the needs of the species and the threats the airport) is approximately 115, the

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annual percentage of small airports to prepare Statements of Energy Effects agencies. Where the species is present, affected by this rulemaking was when undertaking certain actions. The the designation of critical habitat estimated to be 0.13 percent, also well primary land uses within this imposes no additional restrictions to below the 20 percent threshold designated critical habitat include urban those currently in place, and therefore, considered to be ‘‘substantial.’’ While and agricultural development, has little incremental impact on State the economic analysis concluded that a recreation, open space, conservation, and local governments and their substantial number of small entities airport facilities, and military storage activities. The designation of critical would not be affected, it further facilities. We are not aware of any habitat in unoccupied areas may require analyzed whether any of the businesses energy-related facilities located within consultation under section 7 of the Act likely to be affected would be designated critical habitat. Although on non-Federal lands (where a Federal ‘‘significantly’’ affected. Operating this rule is a significant regulatory nexus occurs) that might otherwise not under the assumption that an action under Executive Order 12866, it have occurred. establishment would be significantly is not expected to significantly affect The designations may have some affected if the cost of compliance energy supplies, distribution, or use. benefit to these governments in that the exceeded three percent of its sales, the Therefore, this action is not a significant areas essential to the conservation of analysis determined that less than one energy action and no Statement of these species are more clearly defined, percent of small developers and airport Energy Effects is required. and the primary constituent elements of industries would, on average, the habitat necessary to the survival of experience a significant effect as a result Unfunded Mandates Reform Act (2 the species are identified. While this of this rulemaking. Therefore, we are U.S.C. 1501 et seq.) definition and identification does not certifying that the designation of critical In accordance with the Unfunded alter where and what federally habitat for Holocarpha macradenia will Mandates Reform Act (2 U.S.C. 1501, et sponsored activities may occur, it may not have a significant economic impact seq.): assist these local governments in long- on a substantial number of small (a) This rule will not ‘‘significantly or range planning (rather than waiting for entities. A regulatory flexibility analysis uniquely’’ affect small governments. A case-by-case section 7 consultation to is not required. Small Government Agency Plan is not occur). required. Small governments will be Small Business Regulatory Enforcement affected only to the extent that they Civil Justice Reform Fairness Act (5 U.S.C. 804(2)) must ensure that any programs having In accordance with Executive Order As discussed above, this rule is not a Federal funds, permits, or other 12988, the Department of the Interior’s major rule under 5 U.S.C. 804(2), the authorized activities must ensure that Office of the Solicitor has determined Small Business Regulatory Enforcement their actions will not adversely modify that this rule does not unduly burden Fairness Act. This final designation of or destroy designated critical habitat. the judicial system and meets the critical habitat: (a) Does not have an (b) This rule will not produce a requirements of sections 3(a) and 3(b)(2) annual effect on the economy of $100 Federal mandate of $100 million or of the Order. We have designated million or more; (b) will not cause a greater in any year; that is, it is not a critical habitat in accordance with the major increase in costs or prices for ‘‘significant regulatory action’’ under provisions of the Endangered Species consumers, individual industries, the Unfunded Mandates Reform Act. Act, as amended. The rule uses standard Federal, State, or local government The designation of critical habitat property descriptions and identifies the agencies, or geographic regions; and (c) imposes no obligations on State or local primary constituent elements within the does not have significant adverse effects governments. designated areas to assist the public in on competition, employment, understanding the habitat needs of Takings investment, productivity, innovation, or Holocarpha macradenia. the ability of U.S.-based enterprises to In accordance with Executive Order compete with foreign-based enterprises. 12630 (‘‘Government Actions and Paperwork Reduction Act of 1995 (44 Refer to the final economic analysis for Interference with Constitutionally U.S.C. 3501 et seq.) a discussion of the effects of this Protected Private Property Rights’’), we This rule does not contain any determination. have analyzed the potential takings information collection requirements for Proposed and final rules designating implications of designating critical which OMB approval under the critical habitat for listed species are habitat for Holocarpha macradenia in a Paperwork Reduction Act is required. issued under the authority of the takings implication assessment. The This rule will not impose new record- Endangered Species Act of 1973, as takings implications assessment keeping or reporting requirements on amended (16 U.S.C. 1531 et seq.). concludes that this final rule does not State or local governments, individuals, Competition, employment, investment, pose significant takings implications. businesses, or organizations. An agency productivity, innovation, or the ability may not conduct or sponsor, and a Federalism of U.S.-based enterprises to compete person is not required to respond to, a with foreign-based enterprises will not In accordance with Executive Order collection of information unless it be affected by the final rule designating 13132, the rule does not have significant displays a valid OMB Control Number. critical habitat for this species. Federalism effects. A Federalism National Environmental Policy Act Therefore, we anticipate that this final assessment is not required. In keeping rule will not place significant additional with Department of the Interior policy, We have determined that an burdens on any entity. we requested information from, and Environmental Assessment and/or an coordinated development of this critical Environmental Impact Statement as Executive Order 13211 habitat designation, with appropriate defined by the National Environmental On May 18, 2001, the President issued State resource agencies in California. Policy Act of 1969 need not be prepared an Executive Order (E.O. 13211) on We will continue to coordinate any in connection with regulations adopted regulations that significantly affect future changes in the designation of pursuant to section 4(a) of the Act. We energy supply, distribution, and use. critical habitat for the Holocarpha published a notice outlining our reason Executive Order 13211 requires agencies macradenia with the appropriate State for this determination in the Federal

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Register on October 25, 1983 (48 FR contain any Tribal lands or lands that Regulation Promulgation 49244). This determination does not we have identified as impacting Tribal Accordingly, we hereby amend part constitute a major Federal action trust resources. significantly affecting the quality of the 17, subchapter B of chapter I, title 50 of human environment. References Cited the Code of Federal Regulations, as set forth below: Government-to-Government A complete list of all references cited Relationship With Tribes herein, as well as others, is available PART 17—[AMENDED] upon request from the Ventura Fish and 1. The authority citation for part 17 In accordance with the President’s Wildlife Office (see ADDRESSES section). memorandum of April 29, 1994, continues to read as follows: ’’Government-to-Government Relations Author Authority: 16 U.S.C. 1361–1407; 16 U.S.C. With Native American Tribal 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– The author of this final rule is Governments’’ (59 FR 22951), Executive 625, 100 Stat. 3500, unless otherwise noted. Constance Rutherford, Ventura Fish and Order 13175, and the Department of the Wildlife Office (see ADDRESSES section). 2. Section § 17.12(h) is amended by Interior’s manual at 512 DM 2, we revising the entry for Holocarpha readily acknowledge our responsibility List of Subjects in 50 CFR Part 17 macradenia under ‘‘FLOWERING to communicate meaningfully with PLANTS,’’ to read as follows: federally recognized Tribes on a Endangered and threatened species, Government-to-Government basis. The Exports, Imports, Reporting and record § 17.12 Endangered and threatened plants. designated critical habitat for keeping requirements, and * * * * * Holocarpha macradenia does not Transportation. (h) * * *

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

FLOWERING PLANTS

******* Holocarpha Santa Cruz tarplant U.S.A. (CA) ...... Asteraceae—Sun- T 690 17.96(a) NA macradenia. flower.

*******

3. In § 17.96, amend paragraph (a) by (i) Soils associated with coastal saturated soils characteristic of adding an entry for Holocarpha terrace prairies, including the Holocarpha macradenia habitat. macradenia in alphabetical order under Watsonville, Tierra, Elkhorn, Santa Inez, (3) Critical habitat does not include Family Asteraceae to read as follows: and Pinto series. existing features and structures, such as (ii) Plant communities that support buildings, roads, aqueducts, railroads, § 17.96 Critical habitat—plants. associated species, including native airport runways and buildings, other * * * * * grasses such as Nassella sp.(needlegrass) paved areas, lawns, and other urban (a) * * * and Danthonia californica (California landscaped areas not containing one or Family Asteraceae: Holocarpha oatgrass); native herbaceous species more of the primary constituent macradenia (Santa Cruz tarplant) such as members of the genus elements. Hemizonia (other tarplants), Perideridia (4) Critical Habitat Map Units. (1) Critical habitat units are depicted gairdneri (Gairdner’s yampah), (i) Data layers defining map units for Contra Costa, Santa Cruz, and Plagiobothrys diffusus (San Francisco were created on a base of USGS 7.5′ Monterey Counties, California, on the popcorn flower), and Trifolium quadrangles obtained from the State of maps below. buckwestiorum (Santa Cruz clover); and California’s Stephen P. Teale Data (2) The primary constituent elements (iii) Physical processes, particularly Center. Critical habitat units were then of critical habitat for Holocarpha soils and hydrologic processes, that mapped using UTM coordinates. macradenia are the habitat components maintain the soil structure and (ii) Map 1—Index map follows: that provide: hydrology that produce the seasonally BILLING CODE 4310–55–P

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(5) Unit A: Mezue. Contra Costa 562684, 4199550; 562687, 4199490; 562299, 4198950; 562301, 4198970; County, California. 562684, 4199440; 562683, 4199390; 562309, 4199010; 562308, 4199030; (i) From USGS 1:24,000 quadrangle 562680, 4199340; 562686, 4199300; 562306, 4199040; 562293, 4199060; map Richmond. Lands bounded by the 562629, 4199340; 562599, 4199370; 562288, 4199070; 562276, 4199090; following UTM zone 10, NAD83 562577, 4199410; 562556, 4199480; 562271, 4199090; 562264, 4199090; coordinates (E, N): 562046, 4199420; 562520, 4199680; 562513, 4199690; 562264, 4199090; 562258, 4199080; 562047, 4199460; 562063, 4199550; 562500, 4199690; 562496, 4199680; 562258, 4199060; 562253, 4199020; 562066, 4199570; 562070, 4199600; 562498, 4199650; 562520, 4199510; 562251, 4198990; 562252, 4198940; 562073, 4199650; 562074, 4199670; 562526, 4199420; 562537, 4199380; 562251, 4198930; 562250, 4198930; 562076, 4199690; 562076, 4199690; 562544, 4199340; 562567, 4199290; 562242, 4198920; 562229, 4198900; 562079, 4199700; 562085, 4199710; 562212, 4198880; 562188, 4198890; 562100, 4199720; 562116, 4199730; 562598, 4199250; 562615, 4199240; 562621, 4199200; 562629, 4199170; 562184, 4198920; 562174, 4198960; 562133, 4199740; 562149, 4199750; 562163, 4199000; 562155, 4199030; 562179, 4199780; 562190, 4199800; 562636, 4199120; 562637, 4199070; 562151, 4199050; 562146, 4199070; 562230, 4199800; 562270, 4199800; 562638, 4199010; 562640, 4198990; 562136, 4199130; 562135, 4199140; 562299, 4199800; 562324, 4199800; 562645, 4198960; 562649, 4198920; 562132, 4199150; 562118, 4199180; 562357, 4199820; 562382, 4199840; 562648, 4198910; 562632, 4198880; 562403, 4199860; 562466, 4199870; 562615, 4198860; 562592, 4198840; 562108, 4199190; 562092, 4199220; 562548, 4199840; 562579, 4199820; 562554, 4198820; 562530, 4198810; 562078, 4199230; 562058, 4199270; 562616, 4199790; 562703, 4199720; 562499, 4198800; 562483, 4198800; 562049, 4199280; 562045, 4199290; 562717, 4199700; 562723, 4199690; 562465, 4198790; 562417, 4198780; 562043, 4199300; 562041, 4199310; 562724, 4199680; 562722, 4199670; 562371, 4198800; 562314, 4198810; 562041, 4199330; 562042, 4199350; 562712, 4199650; 562705, 4199620; 562255, 4198850; 562280, 4198890; 562044, 4199360; 562046, 4199420. 562699, 4199600; 562690, 4199580; 562291, 4198910; 562299, 4198930; (ii) Map 2 of Unit A follows:

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(6) Unit B: Graham Hill. Santa Cruz 585719, 4096560; 585710, 4096710; 585912, 4095870; 585910, 4095880; County, California. 585724, 4096750; 585701, 4096790; 585910, 4095890; 585912, 4095900. (i) Unit B (Graham Hill north 585699, 4096820; 585739, 4096850; (iii) Unit B (Graham Hill south subunit). From USGS 1:24,000 585791, 4096860; 585839, 4096880; subunit). From USGS 1:24,000 quadrangle map Felton. Lands bounded 585905, 4096930. quadrangle map Felton. Lands bounded by the following UTM zone 10, NAD83 by the following UTM zone 10, NAD83 coordinates (E, N): 585905, 4096930; (ii) Unit B (Graham Hill central 585915, 4096850; 585930, 4096130; subunit). From USGS 1:24,000 coordinates (E, N): 586017, 4095760; 585930, 4096110; 585879, 4096100; quadrangle map Felton. Lands bounded 586058, 4095680; 585931, 4095640; 585863, 4096100; 585841, 4096110; by the following UTM zone 10, NAD83 585928, 4095650; 585922, 4095670; 585833, 4096130; 585817, 4096180; coordinates (E, N): 585912, 4095900; 585920, 4095680; 585922, 4095690; 585815, 4096210; 585819, 4096240; 585919, 4095900; 585928, 4095910; 585930, 4095710; 585937, 4095730; 585840, 4096280; 585850, 4096320; 585942, 4095900; 585974, 4095840; 585944, 4095740; 585955, 4095740; 585837, 4096350; 585810, 4096390; 585954, 4095830; 585939, 4095840; 585976, 4095750; 586017, 4095760. 585749, 4096430; 585721, 4096480; 585925, 4095840; 585915, 4095850; (iv) Map 3 of Unit B follows:

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(7) Unit C: (De Laveaga). Santa Cruz 588523, 4094740; 588522, 4094730; 588417, 4094610; 588406, 4094620; County, California. 588519, 4094710; 588522, 4094690; 588401, 4094640; 588399, 4094660; (i) From USGS 1:24,000 quadrangle 588522, 4094680; 588519, 4094660; 588401, 4094690; 588410, 4094720; map Santa Cruz. Lands bounded by the 588515, 4094650; 588504, 4094630; 588416, 4094740; 588424, 4094770; following UTM zone 10, NAD83 588488, 4094660; 588476, 4094660; 588432, 4094790; 588439, 4094810; coordinates (E, N): 588446, 4094810; 588459, 4094620; 588445, 4094620; 588446, 4094810. 588468, 4094810; 588492, 4094800; 588440, 4094590; 588429, 4094590; 588510, 4094780; 588523, 4094760; (ii) Map 4 of Unit C follows:

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(8) Unit D: Arana Gulch. Santa Cruz 4092540; 589108, 4092540; 589092, 589918, 4091800; 589899, 4091780; County, California. 4092510; 589057, 4092450; 589033, 589871, 4091770; 589823, 4091760; From USGS 1:24,000 quadrangle 4092400; 588999, 4092360; 588929, 589784, 4091760; 589744, 4091750; maps Santa Cruz and Soquel. Lands 4092350; 588916, 4092360; 588894, 589722, 4091750; 589692, 4091760; bounded by the following UTM zone 10, 4092470; 588891, 4092560; 588890, 589667, 4091780; 589656, 4091770; NAD83 coordinates (E, N): 589295, 4092650; 588919, 4092710; 588946, 589640, 4091750; 589616, 4091740; 4093310; 589315, 4093270; 589338, 4092730; 588980, 4092760; 589053, 589559, 4091710; 589532, 4091690; 4093210; 589358, 4093170; 589399, 4092880; 589080, 4092950; 589119, 589521, 4091660; 589521, 4091640; 4093120; 589404, 4093100; 589399, 4093040; 589234, 4093080; 589178, 589522, 4091620; 589504, 4091610; 4093030; 589401, 4092990; 589400, 4093270; 589181, 4093310; 589214, 589489, 4091620; 589476, 4091640; 4092940; 589391, 4092900; 589386, 4093320; 589245, 4093330; 589268, 589455, 4091700; 589450, 4091730; 4092860; 589375, 4092830; 589353, 4093330; 589295, 4093310. 589449, 4091770; 589458, 4091800; 4092780; 589340, 4092750; 589340, (9) Unit E: Twin Lakes. Santa Cruz 589472, 4091830; 589473, 4091840; 4092730; 589325, 4092690; 589310, County, California. 4092640; 589290, 4092600; 589272, (i) From USGS 1:24,000 quadrangle 589465, 4091860; 589464, 4091890; 4092590; 589252, 4092570; 589238, map Soquel. Lands bounded by the 589463, 4091900; 589482, 4091920; 4092550; 589229, 4092530; 589221, following UTM zone 10, NAD83 589506, 4091940; 589522, 4091950; 4092500; 589195, 4092460; 589161, coordinates (E, N): 589964, 4091950; 589964, 4091950. 4092490; 589139, 4092530; 589120, 589967, 4091930; 589964, 4091890; (ii) Map 5 of Units D and E follows:

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(10) Unit F: Rodeo Gulch. Santa Cruz 592109, 4095100; 592041, 4095190; 592380, 4094400; 592385, 4094380; County, California. 592009, 4095220; 591986, 4095240; 592406, 4094360; 592430, 4094320; From USGS 1:24,000 quadrangle map 591980, 4095270; 591970, 4095360; 592442, 4094310; 592460, 4094300; Soquel. Lands bounded by the following 591971, 4095360; 591973, 4095370; 592478, 4094290; 592491, 4094280; UTM zone 10, NAD83 coordinates (E, 591995, 4095390; 592012, 4095400; 592494, 4094210; 592495, 4094190; N): 590971, 4094630; 590995, 4094740; 592021, 4095410; 592031, 4095400; 592491, 4094180; 592478, 4094180; 591007, 4094780; 591037, 4094830; 592046, 4095390; 592050, 4095340. 592458, 4094180; 592452, 4094200; 591069, 4094860; 591095, 4094900; (ii) Unit G (Soquel north area). From 592442, 4094200; 592326, 4094210; 591125, 4094960; 591182, 4094940; USGS 1:24,000 quadrangle maps Soquel 592311, 4094210; 592224, 4094110; 591196, 4094940; 591199, 4094950; and Laurel. Lands bounded by the 592216, 4094110; 592204, 4094110; 591207, 4094980; 591216, 4095000; following UTM zone 10 NAD83 592165, 4094130; 592161, 4094140; 591225, 4095030; 591220, 4095050; coordinates (E, N). 592050, 4095340; 592126, 4094560; 592123, 4094590; 591225, 4095090; 591232, 4095130; 592094, 4095290; 592102, 4095240; 592117, 4094610; 592105, 4094630; 591241, 4095160; 591252, 4095180; 592112, 4095200; 592119, 4095200; 592087, 4094670; 592074, 4094690; 591265, 4095180; 591291, 4095170; 592130, 4095200; 592158, 4095210; 592057, 4094720; 592047, 4094730; 591321, 4095140; 591353, 4095050; 592173, 4095220; 592180, 4095230; 592036, 4094730; 592032, 4094720; 591393, 4094970; 591301, 4094960; 592193, 4095270; 592211, 4095320; 592036, 4094700; 592043, 4094680; 591293, 4094950; 591299, 4094910; 592218, 4095330; 592227, 4095330; 592047, 4094650; 592043, 4094610; 591300, 4094850; 591293, 4094810; 592257, 4095330; 592275, 4095330; 592036, 4094550; 592000, 4094420; 591275, 4094750; 591252, 4094660; 592299, 4095330; 592393, 4095340; 591994, 4094390; 591987, 4094380; 591224, 4094650; 591185, 4094630; 592404, 4095330; 592411, 4095220; 591973, 4094380; 591957, 4094380; 591097, 4094630; 590971, 4094630. 592423, 4095180; 592425, 4095140; 591944, 4094380; 591904, 4094420; (11) Unit G: Soquel Unit. Santa Cruz 592414, 4095130; 592381, 4095120; 591855, 4094440; 591853, 4094500; County, California. 592290, 4095120; 592177, 4095120; 591833, 4094500; 591696, 4094500; (i) Unit G (Soquel north subunit). 592165, 4095120; 592159, 4095120; 591696, 4094440; 591606, 4094490; From USGS 1:24,000 quadrangle maps 592149, 4095110; 592138, 4095100; 591597, 4094510; 591596, 4094520; Soquel and Laurel. Lands bounded by 592129, 4095090; 592116, 4095090; 591613, 4094650; 591617, 4094650; the following UTM zone 10, NAD83 592109, 4095100; 592041, 4095190; 591676, 4094660; 591718, 4094660; coordinates (E, N): 592050, 4095340; 592009, 4095220; 591986, 4095240; 591751, 4094660; 591759, 4094670; 592094, 4095290; 592102, 4095240; 591980, 4095270; 591970, 4095360; 591757, 4094680; 591749, 4094680; 592112, 4095200; 592119, 4095200; 591971, 4095360; 591973, 4095370; 591738, 4094690; 591704, 4094690; 592130, 4095200; 592158, 4095210; 591995, 4095390; 592012, 4095400; 591656, 4094710; 591651, 4094720; 592173, 4095220; 592180, 4095230; 592021, 4095410; 592031, 4095400; 591651, 4094730; 591657, 4094740; 592193, 4095270; 592211, 4095320; 592046, 4095390; 592050, 4095340. 591711, 4094750; 591720, 4094740; 592218, 4095330; 592227, 4095330; (iii) Unit G (Soquel south subunit). 591726, 4094730; 591736, 4094730; 592257, 4095330; 592275, 4095330; From USGS 1:24,000 quadrangle maps 591777, 4094730; 591790, 4094740; 592299, 4095330; 592393, 4095340; Soquel and Laurel. Lands bounded by 591797, 4094740; 591806, 4094750; 592404, 4095330; 592411, 4095220; the following UTM zone 10, NAD83 591819, 4094750; 591831, 4094750; 592423, 4095180; 592425, 4095140; coordinates (E, N): 592076, 4095040; 591845, 4094740; 591856, 4094740; 592414, 4095130; 592381, 4095120; 592097, 4094850; 592304, 4094860; 591935, 4094740; 591946, 4094880; 592290, 4095120; 592177, 4095120; 592315, 4094660; 592322, 4094620; 591956, 4094930; 591995, 4095060; 592165, 4095120; 592159, 4095120; 592334, 4094580; 592341, 4094510; 591998, 4095100; 592017, 4095090; 592149, 4095110; 592138, 4095100; 592347, 4094490; 592354, 4094480; 592059, 4095060; 592076, 4095040. 592129, 4095090; 592116, 4095090; 592375, 4094440; 592378, 4094430; (iv) Map 6 of Units F and G follows:

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(12) Unit H: Porter Gulch. Santa Cruz 4095340; 594843, 4095320; 594842, 4095470; 594606, 4095470; 594587, County, California. 4095290; 594839, 4095250; 594838, 4095460; 594571, 4095470; 594565, (i) From USGS 1:24,000 quadrangle 4095180; 594835, 4095150; 594828, 4095480; 594557, 4095480; 594549, maps Soquel and Laurel. Lands 4095130; 594816, 4095120; 594800, 4095480; 594530, 4095480; 594518, bounded by the following UTM zone 10, 4095120; 594785, 4095120; 594772, 4095470; 594514, 4095460; 594517, NAD83 coordinates (E, N): 594615, 4095130; 594765, 4095130; 594760, 4095440; 594509, 4095430; 594498, 4095600; 594643, 4095630; 594684, 4095140; 594758, 4095150; 594760, 4095430; 594473, 4095430; 594462, 4095640; 594774, 4095680; 594850, 4095170; 594766, 4095230; 594779, 4095430; 594453, 4095430; 594444, 4095720; 594898, 4095750; 594929, 4095310; 594819, 4095420; 594856, 4095420; 594442, 4095410; 594441, 4095780; 594958, 4095820; 595017, 4095500; 594867, 4095520; 594869, 4095390; 594436, 4095380; 594427, 4095780; 595008, 4095760; 594990, 4095380; 594415, 4095380; 594411, 4095720; 594993, 4095700; 595020, 4095540; 594863, 4095550; 594848, 4095390; 594394, 4095420; 594390, 4095680; 595057, 4095630; 595081, 4095560; 594837, 4095550; 594833, 4095610; 595068, 4095600; 595061, 4095540; 594828, 4095540; 594810, 4095440; 594390, 4095450; 594391, 4095590; 595045, 4095580; 595013, 4095500; 594776, 4095470; 594747, 4095470; 594410, 4095490; 594457, 4095550; 594989, 4095540; 594967, 4095440; 594718, 4095410; 594689, 4095530; 594502, 4095550; 594542, 4095530; 594929, 4095520; 594917, 4095370; 594669, 4095370; 594652, 4095560; 594597, 4095560; 594597, 4095520; 594907, 4095500; 594893, 4095370; 594639, 4095380; 594627, 4095600; 594615, 4095600. 4095470; 594857, 4095380; 594846, 4095380; 594622, 4095400; 594624, (ii) Map 7 of Unit H follows:

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(13) Unit I: Watsonville Unit. Santa 609006, 4085250; 609123, 4085020; 608027, 4086080; 607960, 4086030; Cruz County, California. 608761, 4084800; 608590, 4085160; 607945, 4086070; 607914, 4086180; (i) Unit I (Watsonville north subunit). 608651, 4085380; 608760, 4085450; 607889, 4086200; 607861, 4086220; From USGS 1:24,000 quadrangle map 608869, 4085480; 608941, 4085530; 607830, 4086260; 607799, 4086310; Watsonville West. Lands bounded by 608976, 4085570; 609032, 4085580; 607782, 4086380; 607764, 4086400; the following UTM zone 10, NAD83 609040, 4085630; 608979, 4085640; 607738, 4086400; 607715, 4086390; coordinates (E, N): 606195, 4088630; 608931, 4085660; 608920, 4085700; 607705, 4086370; 607705, 4086350; 606299, 4088730; 606331, 4088750; 608928, 4085730; 608957, 4085760; 607713, 4086320; 607741, 4086240; 606365, 4088760; 606454, 4088750; 608995, 4085780; 609032, 4085780. 607771, 4086180; 607825, 4086100; 606492, 4088750; 606515, 4088750; (iv) Unit I (Highway 1 north subunit). 607863, 4086050; 607891, 4085970; 606535, 4088760; 606555, 4088800; From USGS 1:24,000 quadrangle map 607999, 4085770; 608023, 4085720; 606560, 4088840; 606580, 4088880; Watsonville West. Lands bounded by 608026, 4085670; 608026, 4085630; 606607, 4088890; 606660, 4088900; the following UTM zone 10, NAD83 608016, 4085590; 607990, 4085560; 606927, 4088910; 606938, 4088530; coordinates (E, N): 607333, 4087090; 607945, 4085560; 607911, 4085550; 606930, 4088220; 606810, 4088090; 607348, 4087150; 607389, 4087150; 607871, 4085500; 607932, 4085480; 606689, 4087970; 606652, 4088040; 607449, 4087090; 607498, 4087060; 607985, 4085460; 608013, 4085440; 606596, 4088110; 606522, 4088170; 607570, 4087060; 607570, 4086940; 608016, 4085410; 608006, 4085380; 606490, 4088210; 606437, 4088250; 607558, 4086930; 607333, 4087090. 607995, 4085350; 608006, 4085310; 606362, 4088300; 606303, 4088340; (v) Unit I (Highway 1 south subunit). 608054, 4085240; 608087, 4085210; 606274, 4088370; 606263, 4088390; From USGS 1:24,000 quadrangle map 608107, 4085160; 608143, 4085110; 606252, 4088430; 606234, 4088450; Watsonville West. Lands bounded by 608184, 4085090; 608219, 4085060; 606219, 4088480; 606215, 4088520; the following UTM zone 10, NAD83 608233, 4085030; 608237, 4084990; 606199, 4088590; 606195, 4088630. coordinates (E, N): 607819, 4086590; 608186, 4084950; 608118, 4084660; (ii) Unit I (Airport subunit). From 607892, 4086560; 607893, 4086520; 607891, 4084590; 607817, 4084540; USGS 1:24,000 quadrangle map 607900, 4086500; 607920, 4086470; 607733, 4084490; 607718, 4084490; Watsonville West. Lands bounded by 607931, 4086440; 607946, 4086410; 607703, 4084510; 607705, 4084540; the following UTM zone 10, NAD83 607978, 4086370; 608003, 4086320; 607708, 4084590; 607708, 4084640; coordinates (E, N): 607026, 4087500; 608031, 4086280; 608057, 4086260; 607703, 4084680; 607659, 4084750; 606967, 4087520; 607005, 4087620; 608029, 4086240; 608063, 4086190; 607643, 4084810; 607647, 4084850; 607031, 4087670; 607046, 4087710; 608101, 4086160; 608138, 4086130; 607672, 4084900; 607715, 4084960; 607073, 4087750; 607095, 4087820; 608069, 4086100; 607819, 4086590. 607746, 4084980; 607777, 4084990; 607136, 4087830; 607137, 4087860; (vi) Unit I (Harkins Slough subunit). 607821, 4085040; 607812, 4085100; 607146, 4087980; 607140, 4088020; From USGS 1:24,000 quadrangle map 607937, 4085270; 607886, 4085330; 607145, 4088050; 607158, 4088060; Watsonville West. Lands bounded by 607769, 4085220; 607709, 4085150; 607202, 4088060; 607247, 4088050; the following UTM zone 10, NAD83 607649, 4085150; 607619, 4085130; 607252, 4088090; 607292, 4088090; coordinates (E, N): 606736, 4084900; 607642, 4085070; 607644, 4085050; 607378, 4088100; 607383, 4088250; 606721, 4084900; 606703, 4084900; 607639, 4085020; 607562, 4084870; 607306, 4088240; 607226, 4088240; 606698, 4084920; 606703, 4084940; 607547, 4084850; 607527, 4084850; 607201, 4088250; 607184, 4088270; 606709, 4084960; 606710, 4085000; 607499, 4084850; 607474, 4084850; 607159, 4088300; 607147, 4088310; 606715, 4085030; 606715, 4085050; 607385, 4084990; 607313, 4085120; 607147, 4088340; 607158, 4088380; 606715, 4085080; 606707, 4085090; 607306, 4085190; 607301, 4085230; 607195, 4088470; 607203, 4088510; 606698, 4085100; 606678, 4085110; 607313, 4085260; 607359, 4085370; 607212, 4088560; 607222, 4088620; 606661, 4085140; 606634, 4085230; 607405, 4085500; 607407, 4085550; 607226, 4088650; 607227, 4088710; 606632, 4085260; 606635, 4085290; 607397, 4085580; 607341, 4085640; 607240, 4088750; 607241, 4088780; 606651, 4085310; 606667, 4085370; 607242, 4085780; 607199, 4085760; 607236, 4088820; 607246, 4088840; 606677, 4085390; 606695, 4085410; 607186, 4085730; 607196, 4085690; 607340, 4088840; 607846, 4088860; 606713, 4085420; 606695, 4085510; 607293, 4085520; 607308, 4085490; 607947, 4089000; 608079, 4089030; 606701, 4085540; 606721, 4085550; 607311, 4085460; 607295, 4085370; 608191, 4088860; 608477, 4088700; 606733, 4085580; 606742, 4085610; 607241, 4085250; 607232, 4085220; 608460, 4088620; 608641, 4088590; 606745, 4085650; 606756, 4085690; 607232, 4085190; 607242, 4085100; 608652, 4088610; 608746, 4088570; 606773, 4085710; 606759, 4085800; 607269, 4085010; 607303, 4084920; 608602, 4088450; 607932, 4088550; 606744, 4085830; 606736, 4085870; 607375, 4084780; 607484, 4084640; 607689, 4088150; 607267, 4087440; 606725, 4085930; 606729, 4085960; 607545, 4084530; 607586, 4084420; 607312, 4087430; 607297, 4087340; 606741, 4085990; 606761, 4086020; 607028, 4083920; 607011, 4083950; 607239, 4087340; 607201, 4087350; 606756, 4086050; 606735, 4086090; 607058, 4084120; 607036, 4084150; 607181, 4087320; 607148, 4087320; 606715, 4086130; 606704, 4086180; 606990, 4084230; 606906, 4084180; 607031, 4087350; 606969, 4087370; 606689, 4086350; 606690, 4086390; 606797, 4084220; 606768, 4084240; 607026, 4087500. 606696, 4086440; 606715, 4086490; 606753, 4084300; 606753, 4084330; (iii) Unit I (Watsonville south 606746, 4086540; 606762, 4086620; 606758, 4084360; 606765, 4084380; subunit). From USGS 1:24,000 606767, 4086650; 606766, 4086700; 606774, 4084410; 606791, 4084480; quadrangle map Watsonville West. 606762, 4086780; 606786, 4086810; 606759, 4084610; 606696, 4084670; Lands bounded by the following UTM 606896, 4086850; 606923, 4086940; 606680, 4084680; 606672, 4084700; zone 10, NAD83 coordinates (E, N): 607053, 4086940; 607125, 4087120; 606667, 4084720; 606684, 4084760; 609032, 4085780; 609074, 4085770; 607085, 4087130; 607002, 4087200; 606698, 4084770; 606712, 4084780; 609198, 4085730; 609153, 4085610; 606976, 4087250; 606968, 4087280; 606736, 4084810; 606756, 4084840; 609208, 4085430; 609333, 4085390; 607157, 4087140; 607286, 4087040; 606770, 4084860; 606758, 4084890; 609504, 4085250; 609242, 4085080; 607497, 4086890; 607591, 4086820; 606736, 4084900. 609191, 4085230; 609164, 4085310; 607719, 4086630; 607746, 4086620; (vii) Map 8 of Unit I follows:

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(14) Unit J: Casserly. Santa Cruz 611806, 4094450; 611867, 4094430; 612269, 4092760; 612242, 4092710; County, California. 612002, 4094360; 612045, 4094320; 612214, 4092690; 612167, 4092710; (i) From USGS 1:24,000 quadrangle 612071, 4094280; 612100, 4094230; 612109, 4092760; 612022, 4092810; maps Loma Prieta, Mt. Madona, 612136, 4094160; 612158, 4094130; 612003, 4092850; 612002, 4092880; Watsonville East, and Watsonville West. 612214, 4094100; 612248, 4094090; 612023, 4092900; 612065, 4092900; Lands bounded by the following UTM 612354, 4094010; 612393, 4094000; 612111, 4092920; 612145, 4092970; zone 10, NAD83 coordinates (E, N): 612433, 4093990; 612493, 4094000; 612159, 4092990; 612183, 4092990; 610201, 4094760; 610253, 4094770; 612575, 4094010; 612678, 4094000; 612212, 4092980; 612227, 4092960; 610315, 4094760; 610340, 4094730; 612764, 4093980; 612836, 4093950; 612259, 4092950; 612312, 4092970; 610351, 4094720; 610366, 4094730; 612974, 4093850; 613106, 4093720; 612336, 4093010; 612323, 4093080; 610368, 4094750; 610363, 4094780; 613136, 4093690; 613169, 4093670; 612339, 4093130; 612369, 4093180; 610346, 4094860; 610330, 4094910; 613269, 4093640; 613373, 4093620; 612390, 4093200; 612383, 4093220; 610300, 4094980; 610231, 4095070; 613483, 4093620; 613505, 4093590; 612353, 4093240; 612307, 4093250; 610143, 4095150; 610117, 4095190; 613499, 4093570; 613482, 4093550; 612235, 4093250; 612181, 4093280; 610107, 4095220; 610111, 4095230; 613451, 4093520; 613409, 4093480; 612123, 4093320; 612011, 4093360; 610169, 4095280; 610196, 4095290; 613386, 4093440; 613380, 4093410; 612028, 4093410; 612061, 4093490; 610217, 4095330; 610236, 4095340; 613391, 4093380; 613409, 4093380; 612043, 4093600; 612069, 4093670; 610262, 4095340; 610289, 4095330; 613441, 4093380; 613522, 4093420; 611870, 4093750; 611832, 4093680; 610366, 4095260; 610399, 4095240; 613553, 4093430; 613596, 4093430; 611760, 4093640; 611676, 4093620; 610412, 4095240; 610428, 4095240; 613625, 4093410; 613641, 4093360; 611667, 4093570; 611636, 4093530; 610453, 4095240; 610471, 4095210; 613631, 4093320; 613615, 4093290; 611587, 4093520; 611584, 4093430; 610499, 4095190; 610524, 4095200; 613563, 4093250; 613496, 4093210; 611398, 4093410; 611395, 4093160; 610548, 4095210; 610563, 4095200; 613479, 4093190; 613480, 4093170; 611331, 4093110; 611251, 4093060; 610577, 4095170; 610599, 4095160; 613542, 4093120; 613617, 4093090; 610986, 4093130; 610818, 4093180; 610619, 4095170; 610630, 4095180; 613699, 4093090; 613732, 4093080; 610752, 4093240; 610709, 4093270; 610659, 4095190; 610678, 4095200; 613772, 4093050; 613790, 4093020; 610662, 4093270; 610498, 4093240; 610695, 4095220; 610702, 4095240; 613855, 4092900; 613866, 4092870; 610429, 4093250; 610382, 4093310; 610711, 4095250; 610730, 4095240; 613909, 4092860; 613918, 4092810; 610351, 4093370; 610333, 4093410; 610750, 4095240; 610789, 4095230; 613905, 4092770; 613871, 4092710; 610109, 4093470; 610090, 4093520; 610783, 4095210; 610777, 4095180; 613783, 4092690; 613730, 4092670; 610066, 4093570; 610046, 4093640; 610768, 4095150; 610761, 4095120; 613661, 4092630; 613624, 4092650; 610050, 4093710; 610070, 4093790; 610763, 4095090; 610779, 4095070; 613555, 4092700; 613496, 4092640; 610114, 4093830; 610182, 4093840; 610809, 4095070; 610832, 4095070; 613468, 4092650; 613409, 4092710; 610443, 4093800; 610465, 4093800; 610851, 4095080; 610872, 4095070; 613316, 4092620; 613285, 4092580; 610477, 4093820; 610483, 4093860; 610880, 4095050; 610878, 4095010; 613240, 4092560; 613167, 4092570; 610489, 4093950; 610489, 4093980; 610879, 4094990; 610881, 4094980; 613101, 4092530; 613023, 4092520; 610467, 4094020; 610456, 4094100; 610911, 4094930; 610924, 4094910; 612958, 4092450; 612847, 4092450; 610442, 4094120; 610426, 4094130; 610946, 4094890; 610964, 4094890; 612846, 4092620; 612576, 4092620; 610385, 4094150; 610296, 4094180; 610982, 4094890; 611082, 4094950; 612538, 4092680; 612564, 4092770; 610278, 4094190; 610255, 4094210; 611126, 4094960; 611161, 4094970; 612630, 4092830; 612631, 4092890; 610220, 4094250; 610188, 4094290; 611190, 4094970; 611213, 4094950; 612676, 4092950; 612688, 4093020; 610152, 4094330; 610121, 4094380; 611216, 4094930; 611211, 4094870; 612680, 4093040; 612651, 4093040; 610115, 4094410; 610110, 4094460; 611210, 4094830; 611226, 4094710; 612603, 4093000; 612561, 4092980; 610121, 4094590; 610133, 4094680; 611217, 4094510; 611258, 4094460; 612529, 4092970; 612490, 4092980; 610140, 4094710; 610154, 4094730; 611358, 4094440; 611566, 4094440; 612464, 4093000; 612439, 4093000; 610175, 4094750; 610201, 4094760. 611639, 4094440; 611754, 4094460; 612409, 4092950; 612333, 4092870; (ii) Map 9 of Unit J follows:

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(15) Unit K: Elkhorn. Santa Cruz 611788, 4082180; 611796, 4082190; 612469, 4081640; 612473, 4081600; County, California. 611834, 4082200; 611862, 4082190; 612504, 4081490; 612509, 4081400; (i) From USGS 1:24,000 quadrangle 611875, 4082170; 611885, 4082140; 612518, 4081210; 612520, 4081080; maps Watsonville East, Prunedale. 611902, 4082110; 611916, 4082100; 612504, 4081040; 612475, 4081010; Lands bounded by the following UTM 611967, 4082090; 612005, 4082090; 612428, 4080960; 612393, 4080940; zone 10, NAD83 coordinates (E, N): 612065, 4082080; 612155, 4082060; 612333, 4080880; 612255, 4080790; 611931, 4081300; 611930, 4081420; 612210, 4082080; 612247, 4082100; 612142, 4080860; 612070, 4080930; 611939, 4081530; 611956, 4081610; 612283, 4082110; 612348, 4082090; 612001, 4081020; 611957, 4081120; 611983, 4081680; 611981, 4081740; 612423, 4082080; 612481, 4082050; 611940, 4081200; 611931, 4081300. 611956, 4081790; 611918, 4081860; 612501, 4082000; 612519, 4081910; 611877, 4081940; 611839, 4082020; 612517, 4081840; 612517, 4081750; (ii) Map 10 of Unit K follows: 611806, 4082090; 611787, 4082150; 612499, 4081720; 612478, 4081690;

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* * * * * Dated: September 30, 2002. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 02–25370 Filed 10–15–02; 8:45 am] BILLING CODE 4310–55–C

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Part III

Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Parts 2, 11, and 23 Federal Acquisition Regulation; Energy- Efficient Standby Power Devices; Proposed Rule

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DEPARTMENT OF DEFENSE 2. Guidance on energy-efficient Authority: 40 U.S.C. 486(c); 10 U.S.C. standby power devices at FAR Parts 11, chapter 137; and 42 U.S.C. 2473(c). GENERAL SERVICES Describing Agency Needs, and 23, PART 2—DEFINITIONS OF WORDS ADMINISTRATION Environment, Energy and Water AND TERMS Efficiency, Renewable Energy NATIONAL AERONAUTICS AND Technologies, Occupational Safety, and 2. Amend section 2.101 by adding, in SPACE ADMINISTRATION Drug-Free Workplace; and alphabetical order, the definition 3. Guidance on purchasing EPA- ‘‘Energy-efficient standby power 48 CFR Parts 2, 11, and 23 designated products in FAR sections devices’’ to read as follows: [FAR Case 2001–028] 23.405 and 23.406. This is not a significant regulatory 2.101 Definitions. RIN 9000–AJ47 action and, therefore, was not subject to * * * * * review under Section 6(b) of Executive Energy-efficient standby power Federal Acquisition Regulation; Order 12866, Regulatory Planning and devices means products that— Energy-Efficient Standby Power Review, dated September 30, 1993. This (1) Include an external or internal Devices rule is not a major rule under 5 U.S.C. power supply; and 804. (2) Use no more than one watt of AGENCIES: Department of Defense (DoD), electricity in their standby power General Services Administration (GSA), B. Regulatory Flexibility Act consuming mode or meet recommended and National Aeronautics and Space low standby levels as designated by the Administration (NASA). The Councils do not expect this proposed rule to have a significant Department of Energy Federal Energy ACTION: Proposed rule. economic impact on a substantial Management Program. * * * * * SUMMARY: The Civilian Agency number of small entities within the Acquisition Council and the Defense meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this PART 11—DESCRIBING AGENCY Acquisition Regulations Council NEEDS (Councils) are proposing to amend the rule simply provides additional Federal Acquisition Regulation (FAR) to guidance to Government contracting 3. Amend section 11.002 by revising implement Executive Order (E.O.) 13221 and technical personnel with respect to paragraph (d)(1) and the introductory of July 31, 2001, Energy Efficient the Government’s preference, set forth text of (d)(2) to read as follows: in FAR Subparts 11.1, 23.2, and 23.4, for Standby Power Devices, and clarify 11.002 Policy. requirements for the purchase of buying energy-efficient products and Environmental Protection Agency services and EPA-designated products * * * * * (d)(1) The Resource Conservation and (EPA)-designated products. that meet applicable EPA minimum recovered material content Recovery Act of 1976 (42 U.S.C. 6901, DATES: Interested parties should submit recommendations. An Initial Regulatory et seq.), Executive Order 13101 of comments in writing on or before Flexibility Analysis has, therefore, not September 14, 1998, Greening the December 16, 2002 to be considered in been performed. We invite comments Government through Waste Prevention, the formulation of a final rule. from small businesses and other Recycling, and Federal Acquisition, ADDRESSES: Submit written comments interested parties. The Councils will Executive Order 13123 of June 3, 1999, to— consider comments from small entities Greening the Government through General Services Administration, FAR concerning the affected FAR subparts in Efficient Energy Management, and Secretariat (MVA), 1800 F Street, accordance with 5 U.S.C. 610. Interested Executive Order 13221 of July 31, 2001, NW., Room 4035, Attn: Laurie Duarte, parties must submit such comments Energy Efficient Standby Power Devices, Washington, DC 20405. separately and should cite 5 U.S.C. 601, establish requirements for acquiring— Submit electronic comments via the et seq. (FAR case 2001–028), in (i) Products containing recovered Internet to—farcase.2001–[email protected]. correspondence. materials; (ii) Environmentally preferable Please submit comments only and cite C. Paperwork Reduction Act products and services; FAR case 2001–028 in all (iii) Energy-efficient products and correspondence related to this case. The Paperwork Reduction Act does not apply because the proposed changes services; FOR FURTHER INFORMATION CONTACT: The (iv) Products and services that utilize to the FAR do not impose information FAR Secretariat, Room 4035, GS renewable energy technologies; and collection requirements that require the Building, Washington, DC, 20405, at (v) Products containing energy- approval of the Office of Management (202) 501–4755 for information efficient standby power devices. pertaining to status or publication and Budget under 44 U.S.C. 3501, et (2) Executive agencies shall consider schedules. For clarification of content, seq. use of recovered materials, energy- and contact Ms. Laura Smith, Procurement List of Subjects in 48 CFR Parts 2, 11, water-efficient products and services, Analyst, at (202) 208–7279. Please cite and 23 products containing energy-efficient FAR case 2001–028. standby power devices, environmentally Government procurement. SUPPLEMENTARY INFORMATION: preferable purchasing criteria developed Dated: October 9, 2002. by the EPA, and environmental A. Background Al Matera, objectives (see subparts 23.2, 23.4, and This proposed rule amends the FAR Director, Acquisition Policy Division. 23.703(b)) when— to implement E.O. 13221 and clarify Therefore, DoD, GSA, and NASA * * * * * requirements when purchasing EPA- propose amending 48 CFR parts 2, 11, 4. Amend section 11.101 in the designated products. The rule adds— and 23 as set forth below: introductory text of paragraph (b) by 1. A definition for ‘‘energy-efficient 1. The authority citation for 48 CFR removing ‘‘must’’ and adding ‘‘shall’’ in standby power devices’’ in FAR Subpart parts 2, 11, and 23 continues to read as its place; and by revising paragraph 2.1, Definitions; and follows: (b)(1) to read as follows:

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11.101 Order of precedence for (FEMP) Product Energy Efficiency 7. Amend section 23.405 by revising requirements documents. Recommendations product list; and the introductory text of paragraph (c) to * * * * * (ii) For products that consume power read as follows: (b) * * * in a standby mode and are listed on (1) Energy efficiency, including using FEMP’s Standby Power Devices product 23.405 Procedures. products containing energy-efficient listing, agencies shall— * * * * * (A) Purchase items which meet standby power devices and renewable (c) The contracting officer shall place FEMP’s standby power wattage energy technologies; and in the contract file a written justification * * * * * recommendation or document the reason for not purchasing such items; or if an acquisition of EPA-designated products above the micro-purchase PART 23—ENVIRONMENT, ENERGY (B) If FEMP has listed a product threshold does not meet applicable AND WATER EFFICIENCY, without a corresponding wattage minimum recovered material content RENEWABLE ENERGY recommendation, purchase items which recommended by EPA guidelines. If the TECHNOLOGIES, OCCUPATIONAL use no more than one watt in their agency has designated an SAFETY, AND DRUG-FREE standby power consuming mode. When Environmental Executive, the WORKPLACE it is impracticable to meet the one watt requirement, agencies shall purchase contracting officer shall give a copy of 5. Amend section 23.201 by adding items with the lowest standby wattage the written justification to that official. paragraph (e) to read as follows: practicable; and The contracting officer shall base the (2) When contracting for services that justification on the inability to acquire 23.201 Authorities. will include the provision of energy- the product— * * * * * using products, including contracts for * * * * * (e) Executive Order 13221 of July 31, design, construction, renovation, or 2001, Energy Efficient Standby Power maintenance of a public building, the 8. Amend section 23.406 by revising Devices. specifications shall incorporate the paragraph (a) to read as follows: 6. Revise section 23.203 to read as applicable requirements in paragraph 23.406 Solicitation provision and contract follows: (a)(1) of this section. clause. (b) The requirements in paragraph (a) 23.203 Energy-efficient products. of this section only apply when the (a) Insert the provision at 52.223–4, (a) If life-cycle cost-effective and relevant product’s utility and Recovered Material Certification, in available— performance meet the agency’s need. solicitations that are for, or specify the (1) When acquiring energy-using (c) Information is available via the use of, EPA-designated products products— Internet about— containing recovered materials.  (i) Agencies shall purchase ENERGY (1) ENERGY STAR at http:// * * * * * STAR or other energy-efficient items www.energystar.gov/; and listed on the Department of Energy’s (2) FEMP at http://www.eren.doe.gov/ [FR Doc. 02–26243 Filed 10–15–02; 8:45 am] Federal Energy Management Program femp/procurement. BILLING CODE 6820–EP–P

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Part IV

Environmental Protection Agency 40 CFR Part 60 Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983; and Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983; Proposed Rule

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ENVIRONMENTAL PROTECTION facility complex in Research Triangle extent allowed by the procedures set AGENCY Park, NC. forth in 40 CFR part 2. If no claim of Docket. Docket No. A–79–33 contains confidentiality accompanies a 40 CFR Part 60 supporting information used in submission when it is received by the developing the standards. The docket is EPA, the information may be made [AD–FRL–7394–3] located at the U.S. EPA, 401 M Street, available to the public without further RIN 2060–AJ68 SW., Washington, DC 20460 in Room notice to the commenter. M–1500, Waterside Mall (ground floor), Public Hearing. Persons interested in Standards of Performance for Steel and may be inspected from 8:30 a.m. to presenting oral testimony or inquiring Plants: Electric Arc Furnaces 5:30 p.m., Monday through Friday, as to whether a hearing is to be held Constructed After October 21, 1974, excluding legal holidays. Effective should contact Ms. Cassie Posey, and On or Before August 17, 1983; and August 27, 2002, the docket will be telephone number: (919) 541–0069. Standards of Performance for Steel located at: U.S. EPA, 1301 Constitution Persons interested in attending the Plants: Electric Arc Furnaces and Avenue, NW., Room Number B108, public hearing must also contact Cassie Argon-Oxygen Decarburization Washington, DC 20460. Posey to verify the time, date, and Vessels Constructed After August 17, FOR FURTHER INFORMATION CONTACT: Mr. location of the hearing. The address, 1983 Kevin Cavender, Metals Group, telephone number, and e-mail address Emission Standards Division (C439–02), for Ms. Posey are listed in the preceding AGENCY: Environmental Protection U.S. EPA, Research Triangle Park, NC FOR FURTHER INFORMATION CONTACT Agency (EPA). 27711, telephone number: (919) 541– section. A public hearing, if held, will ACTION: Proposed rule; amendments. 2364, electronic mail address: provide interested parties the [email protected]. opportunity to present data, views, or SUMMARY: The EPA is proposing to To request a public hearing, to request arguments concerning the proposed amend certain provisions in the new to speak at a public hearing, or to find emission standards. source performance standards (NSPS) Docket. The docket is an organized out if a public hearing will be held, for electric arc furnaces (EAF) and complete file of all the information contact Ms. Cassie Posey, Metals Group, constructed after October 21, 1974, and considered by the EPA in rule Emission Standards Division (C439–02), on or before August 17, 1983, and the development. The docket is a dynamic U.S. EPA, Research Triangle Park, NC NSPS for EAF constructed after August file because material is added 27711, telephone number (919) 541– 17, 1983. The proposed changes add throughout the rulemaking process. The 0069, electronic mail address: alternative requirements for monitoring docketing system is intended to allow [email protected]. emissions from EAF exhausts. In members of the public and industries For information concerning addition, minor editorial corrections are involved to readily identify and locate applicability and rule determinations, being made. documents so that they can effectively contact your State or local permitting participate in the rulemaking process. DATES: Comments. Comments must be authority or the appropriate EPA Along with the proposed and received on or before December 16, regional office representatives. 2002. promulgated standards and their SUPPLEMENTARY INFORMATION: Public Hearing. If anyone contacts the preambles, the contents of the docket Comments. Comments and data may be will serve as the record in the case of EPA requesting to speak at a public submitted by electronic mail (e-mail) to: hearing by November 5, 2002, a public judicial review. (See section [email protected]. Electronic 307(d)(7)(A) of the Clean Air Act hearing will be held on November 15, comments must be submitted as an 2002. (CAA).) The regulatory text and other ASCII file to avoid the use of special materials related to the rulemaking are ADDRESSES: Comments. By U.S. Postal characters and encryption problems and available for review in the docket or Service, send comments (in duplicate if will also be accepted on disks in copies may be mailed on request from possible) to: Air and Radiation Docket WordPerfect format. All comments and the Air Docket by calling (202) 260– and Information Center (6102), data submitted in electronic form must 7548. A reasonable fee may be charged Attention Docket Number A–79–33, note the docket number: Docket No. A– for copying docket materials. U.S. EPA, 1200 Pennsylvania Avenue, 79–33. No confidential business World Wide Web (WWW). In addition NW., Washington, DC 20460. In person information (CBI) should be submitted to being available in the docket, an or by courier, deliver comments (in by e-mail. Electronic comments may be electronic copy of today’s proposed rule duplicate if possible) to: Air and filed online at many Federal Depository will also be available on the WWW Radiation Docket and Information Libraries. through the Technology Transfer Center (6102), Attention Docket Number Commenters wishing to submit Network (TTN). Following signature, a A–79–33, U.S. EPA, Room Number proprietary information for copy of the proposed rule will be posted M1500, 401 M Street, SW., Washington, consideration must clearly distinguish on the TTN’s policy and guidance page DC 20460. Effective August 27, 2002, such information from other comments for newly proposed or promulgated send comments (in duplicate if possible) and clearly label it as CBI. Send rules at http://www.epa.gov/ttn/oarpg. to: Air and Radiation Docket and submissions containing such The TTN provides information and Information Center (6102T), Attention proprietary information directly to the technology exchange in various areas of Docket Number A–79–33, U.S. EPA, following address, and not to the public air pollution control. If more 1301 Constitution Avenue, NW., Room docket, to ensure that proprietary information regarding the TTN is Number B108, Washington, DC 20460. information is not inadvertently placed needed, call the TTN HELP line at (919) We request that a separate copy of each in the docket: OAQPS Document 541–5384. public comment be sent to the contact Control Office (C404–02), Attention: Mr. Regulated Entities. Entities potentially person listed below (see FOR FURTHER Kevin Cavender, Emission Standards regulated by this action include steel INFORMATION CONTACT). Division, U.S. EPA, Research Triangle manufacturing facilities who operate Public Hearing. If a public hearing is Park, NC 27711. The EPA will disclose electric arc furnaces. Affected categories held, it will be held at the new EPA information identified as CBI only to the and entities include certain sources in

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the North American Information the scrap steel charge. After the melting continuous opacity monitoring system Classification System code 331111. and refining periods, impurities (in the (COMS). The owner and operator must This description is not intended to be form of a slag) and the refined steel are report each 6-minute average COM exhaustive, but rather provides a guide poured from the furnace. reading of 3 percent or greater as an for readers regarding entities likely to be The production of steel in an EAF is excess emission. A COMS is not regulated by this action. To determine a batch process. Cycles, or heats, range required on any modular or multiple- whether your facility is regulated by this from about 11⁄2 to 5 hours to produce stack fabric filter if opacity readings are action, you should examine the carbon steel and from 5 to 10 hours to taken at least once per day during a applicability criteria in the rule. If you produce alloy steel. Scrap steel is melting and refining period, in have any questions regarding the charged to begin a cycle, and alloying accordance with EPA Method 9. applicability of this action to a agents and slag forming materials are The subparts also contain particular entity, consult the person added for refining. Stages of each cycle requirements for the EAF capture listed in the preceding FOR FURTHER normally are charging, melting, refining systems. However, those requirements INFORMATION CONTACT section. (which usually includes oxygen are not being amended by today’s Outline. The information presented in blowing), and tapping. action. As such, we do not discuss the this preamble is organized as follows: All of those operations generate capture system requirements here. particulate matter (PM) emissions. I. Background Emission control techniques involve an C. Why Are the Current NSPS A. What is an EAF? emission capture system and a gas Requirements Being Amended? B. What are the current NSPS requirements Today’s action is being taken in for an EAF? cleaning system. Emission capture C. Why are the current NSPS requirements systems used in the industry include response to a petition to reopen the being amended? direct shell (fourth hole) evacuation, NSPS that we received from the D. What is a bag leak detection system, and side draft hoods, combination hoods, American Iron and Steel Institute (AISI), how is it used to monitor baghouse canopy hoods, scavenger ducts, and the Specialty Steel Industry of North performance? furnace enclosures. Direct shell America (SSINA), and the Steel II. Summary of Proposed Amendment evacuation (DEC) consists of ductwork Manufacturers Association (SMA), who A. What is the alternative monitoring attached to a separate opening, or jointly will be referred to as ‘‘the option being proposed? ‘‘fourth hole’’, in the furnace roof which Petitioner.’’ In their request to reopen B. What are the editorial corrections being draws emissions to a gas cleaner. The the EAF NSPS, the Petitioner argues that made? COMS are not capable of accurately III. Administrative Requirements direct shell evacuation system works A. Executive Order 12866, Regulatory only when the furnace is up-right and monitoring opacity emissions from an Planning and Review the roof is in place. The side draft hoods EAF shop at the 3 percent excess B. Executive Order 13132, Federalism collect furnace offgases from around the emissions threshold level and that the C. Executive Order 13175, Consultation electrode holes and the work doors after EAF NSPS should be amended to and Coordination with Indian Tribal the gases leave the furnace. The address the technological shortcomings Governments combination hood incorporates associated with COMS. In making their D. Executive Order 13045, Protection of elements from the side draft and direct argument, the Petitioner points to our Children from Environmental Health shell evacuation systems. Canopy hoods recent revision to the performance Risks and Safety Risks and scavenger ducts are used to address specification for COMS (PS–1, 65 FR E. Unfunded Mandates Reform Act of 1995 48914) in which we acknowledge that F. Regulatory Flexibility Act (RFA), as charging and tapping emissions. Amended by the Small Business Baghouses are typically used as the gas there is potential for measurement error Regulatory Enforcement Fairness Act of cleaning system. associated with COM readings. A conservative approach to estimating the 1996 (SBREFA), 5 U.S.C. 601 et seq. B. What Are the Current NSPS G. Paperwork Reduction Act upper range of the potential H. National Technology Transfer and Requirements for an EAF? measurement error resulted in an Advancement Act of 1995 The NSPS for EAF constructed after estimate of approximately 4 percent I. Executive Order 13211, Actions October 21, 1974, and on or before opacity. The Petitioner also points out Concerning Regulations that August 17, 1983 (40 CFR part 60, that the American Society for Testing Significantly Affect Energy Supply, subpart AA) were first promulgated in and Materials (ASTM) Standard for Distribution or Use the Federal Register on September 23, COMS (ASTM D 6216–98), which is I. Background 1975 (40 FR 43850). The NSPS for EAF incorporated in PS–1, expressly limits constructed after August 17, 1983 (40 the scope of the ASTM Standard to A. What Is an EAF? CFR part 60, subpart AAa) were first COMS used to monitor opacity subject An EAF is a metallurgical furnace promulgated in the Federal Register on to an opacity limit of 10 percent or used to produce carbon and alloy steels. October 31, 1984 (49 FR 43845). Both greater due to the potential error The input material to an EAF is subparts limit the allowable PM associated with opacity measurements. typically 100 percent scrap steel. concentration in the exhaust of an EAF The Petitioner argues that COMS Cylindrical, refractory lined EAF are emission control device to 12 generate inaccurate data which can equipped with carbon electrodes to be milligrams per dry standard cubic meter trigger Federal and State reporting raised or lowered through the furnace (mg/dscm). In addition to the PM requirements and expose a facility to roof. With electrodes retracted, the emission limit, both subparts limit potential liability even when the facility furnace roof can be rotated to permit the visible emissions from the EAF control is meeting the opacity standard. As charge of scrap steel by overhead crane. device to less than 3 percent opacity, as pointed out above, owners and Alloying agents and fluxing materials determined by EPA Method 9 of 40 CFR operators are required by the NSPS to usually are added through doors on the part 60, appendix A. report all 6-minute average COMS side of the furnace. Electric current is In both subparts, if the control device readings above 3 percent as periods of passed between the electrodes and is equipped with a single stack, the excess emissions. Since the potential through the scrap, generating arcing and owner or operator is required to install, COMS measurement error is high in the generation of enough heat to melt calibrate, maintain, and operate a comparison to the 3 percent opacity

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standard, the Petitioner believes that the particulate loadings. A properly B. What Are the Editorial Corrections COMS can and do produce readings designed baghouse will control Being Made? above the 3 percent excess emissions particulate emissions to very low levels Two typographical errors are being threshold when the actual opacity is when in good operating condition. corrected in the amendment. In 40 CFR below 3 percent. The Petitioner points However, if the baghouse develops a 60.274(c) and in 40 CFR 60.274a(c), the out that the credible evidence revisions leak, due to a torn bag or seal, there will references to paragraphs (b)(1) and (2) (62 FR 8313, February 24, 1997) clarify be a measurable increase in particulate are being corrected to refer to paragraph our intent to use COMS data as evidence emissions. A bag leak detection system (b). The paragraphs (b)(1) and (2) of 40 of a potential emissions violation. is capable of quickly (within a few CFR 60.274(c) and 40 CFR 60.274a(c) Therefore, the Petitioner argues, COMS seconds) determining that an abnormal were incorporated into paragraph (b) data falsely indicating emissions above increase in particulate concentrations during the last revision to the NSPS (64 3 percent opacity could be used as has occurred and can then trigger an FR 10105, March 2, 1999). In 40 CFR evidence of violations of the opacity alarm to alert the operator so that the 60.274a(b), the reference to paragraph standard. Even if the erroneous COMS leak can be stopped as soon as possible. (d) is being corrected to refer to data are eventually determined not to be Bag leak detection systems are capable paragraph (e). credible, the Petitioner argues, of detecting small leaks while In addition, 40 CFR 60.274a(d) and 40 companies must bear the burden and particulate emissions are well below the CFR 60.274a(e) are being revised to cost of defending against such levels that would result in observable clarify that owners and operators may allegations. petition the Administrator to approve The revisions to PS–1 explained that opacity. For that reason, we believe that alternatives to the monitoring we did not believe it was appropriate to bag leak detection systems are well requirements specified in 40 CFR limit the applicability of PS–1 based on suited for monitoring the performance 60.274a(b), as well as alternatives to the the level of the emission limit that of a baghouse. monthly operational status inspections would be monitored. Instead of limiting II. Summary of Proposed Amendment specified in 40 CFR 60.274a(d). This the applicability of PS–1, we determined that PS–1 should A. What Is the Alternative Monitoring revision does not change the rule acknowledge the measurement Option Being Proposed? requirements because owners and uncertainty associated with COMS operators are currently allowed to measurements below 10 percent We are proposing bag leak detection petition for alternative monitoring opacity, and allow for a consideration of coupled with a once per day opacity requirements under 40 CFR 60.13(i) of the potential error (through statistical observation as an alternative monitoring the General Provisions. procedures or otherwise) when option to COMS. Under the proposed III. Administrative Requirements evaluating compliance with opacity alternative, a facility could elect to standards below 10 percent. install, calibrate, maintain, and operate A. Executive Order 12866, Regulatory We agree that it is appropriate to a bag leak detection system. Owners or Planning and Review provide an alternative monitoring operators would be required to develop Under Executive Order 12866 (58 FR option for EAF owners and operators a site specific monitoring plan 51735, October 4, 1993), we must who are concerned with the accuracy of describing how the system would be determine whether the regulatory action COMS measurements at levels below 10 selected, installed, and operated, is ‘‘significant’’ and, therefore, subject to percent opacity. In addition, we believe including how the alarm levels would review by the Office of Management and that bag leak detection systems, the be established. Within 30 minutes of an Budget (OMB) and the requirements of alternative monitoring option being alarm, the owner or operator would be the Executive Order. The Executive proposed, are a viable alternative to required to initiate procedures to Order defines ‘‘significant regulatory COMS for the purpose of monitoring the determine the cause of the alarm and action’’ as one that is likely to result in performance of baghouses. alleviate the cause of the alarm within a rule that may: (1) Have an annual effect on the D. What Is a Bag Leak Detection System, 3 hours. In addition, the owner or economy of $100 million or more or and How Is It Used To Monitor operator would be required to maintain adversely affect in a material way the Baghouse Performance? and operate their baghouse such that the alarm on the bag leak detector does not economy, a sector of the economy, A bag leak detection system is a alarm for more than 3 percent of the productivity, competition, jobs, the device that is used to measure relative operating hours in any 6-month environment, public health or safety, or particulate loadings in the exhaust of a reporting period. State, local, or tribal governments or baghouse on a continuous basis in order communities; to detect bag leaks and other conditions The owner or operator would also be (2) Create a serious inconsistency or that result in increases in particulate required to conduct an opacity otherwise interfere with an action taken loadings. Bag leak detection systems observation at least once per day when or planned by another agency; have been developed based on a number the furnace is in the melting or refining (3) Materially alter the budgetary of principles including triboelectric operation day, in accordance with EPA impact of entitlements, grants, user fees, effect, electrodynamic effect, and light Method 9. All opacity observations or loan programs, or the rights and scattering. A bag leak detection system greater than 3 percent opacity would be obligation of recipients thereof; or does not need to provide an output in reported as a violation of the opacity (4) Raise novel legal or policy issues terms of particulate concentration, but standard. In addition, if the alarm on the arising out of legal mandates, the must provide an output that is bag leak detection system was not President’s priorities, or the principles proportionate to the particulate alarming during the time the opacity set forth in the Executive Order. concentration such that if particulate was observed to be greater than 3 Pursuant to the terms of Executive concentrations increase the output from percent, the alarm on the bag leak Order 12866, it has been determined the bag leak detection system increases. detection system would have to be that the proposed rule amendments are A bag leak detection system identifies lowered to a point that an alarm would not a ‘‘significant regulatory action’’ leaks by the resulting increase in have occurred during the observation. because none of the listed criteria apply

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to the action. Consequently, the action tribal governments, on the relationship regulatory alternatives and adopt the was not submitted to OMB for review between the Federal government and least costly, most cost-effective, or least under Executive Order 12866. Indian tribes, or on the distribution of burdensome alternative that achieves power and responsibilities between the the objectives of the rule. The B. Executive Order 13132, Federalism Federal government and Indian tribes, provisions of section 205 do not apply Executive Order 13132, entitled as specified in Executive Order 13175. when they are inconsistent with ‘‘Federalism’’ (64 FR 43255, August 10, No tribal governments own or operate applicable law. Moreover, section 205 1999), requires us to develop an an affected source. Thus, Executive allows us to adopt an alternative other accountable process to ensure Order 13175 does not apply to the than the least costly, most cost-effective, ‘‘meaningful and timely input by State proposed rule amendments. or least burdensome alternative if the and local officials in the development of Administrator publishes with the final D. Executive Order 13045, Protection of regulatory policies that have federalism rule an explanation why that alternative Children from Environmental Health implications.’’ ‘‘Policies that have was not adopted. Before we establish Risks and Safety Risks federalism implications’’ is defined in any regulatory requirements that may the Executive Order to include Executive Order 13045 (62 FR 19885, significantly or uniquely affect small regulations that have ‘‘substantial direct April 23, 1997) applies to any rule that: governments, including tribal effects on the States, on the relationship (1) Is determined to be ‘‘economically governments, we must have developed between the national government and significant’’ as defined under Executive under section 203 of the UMRA a small the States, or on the distribution of Order 12866, and (2) concerns an government agency plan. The plan must power and responsibilities among the environmental health or safety risk that provide for notifying potentially various levels of government.’’ we have reason to believe may have a affected small governments, enabling The proposed rule amendments do disproportionate effect on children. If officials of affected small governments not have federalism implications. They the regulatory action meets both criteria, to have meaningful and timely input in will not have substantial direct effects we must evaluate the environmental the development of our regulatory on the States, on the relationship health or safety effects of the planned proposals with significant Federal between the national government and rule on children, and explain why the intergovernmental mandates, and the States, or on the distribution of planned rule is preferable to other informing, educating, and advising power and responsibilities among the potentially effective and reasonably small governments on compliance with various levels of government, as feasible alternatives that we considered. the regulatory requirements. specified in Executive Order 13132. We interpret Executive Order 13045 We have determined that the None of the affected facilities are owned as applying only to those regulatory proposed rule amendments do not or operated by State governments, and actions that are based on health or safety contain a Federal mandate that may the requirements of the proposed rule risks, such that the analysis required result in estimated costs of $100 million amendments will not supercede State under section 5–501 of the Executive or more for State, local, and tribal regulations that are more stringent. Order has the potential to influence the governments, in the aggregate, or the Thus, Executive Order 13132 does not rule. The proposed rule amendments are private sector in any 1 year. The apply to the proposed rule amendments. not subject to Executive Order 13045 maximum total annual cost of the In the spirit of Executive Order 13132 because they are based on technology proposed rule amendments for any year and consistent with our policy to performance and not on health or safety has been estimated to be less than promote communications between us risks. No children’s risk analysis was $62,000. Thus, today’s proposed rule and State and local governments, we performed because the action only amendments are not subject to the specifically solicit comments on the provides affected EAF owners and requirements of sections 202 and 205 of proposed rule amendments from State operators with alternative monitoring the UMRA. In addition, we have and local officials. options. Furthermore, the proposed rule determined that the proposed rule amendments have been determined not amendments contain no regulatory C. Executive Order 13175, Consultation to be ‘‘economically significant’’ as requirements that might significantly or and Coordination with Indian Tribal defined under Executive Order 12866. uniquely affect small governments Governments because they contain no requirements Executive Order 13175, entitled E. Unfunded Mandates Reform Act of 1995 that apply to such governments or ‘‘Consultation and Coordination with impose obligations upon them. Indian Tribal Governments’’ (65 FR Title II of the Unfunded Mandates Therefore, today’s proposed rule 67249, November 6, 2000), requires us Reform Act of 1995 (UMRA), Public amendments are not subject to the to develop an accountable process to Law 104–4, establishes requirements for requirements of section 203 of the ensure ‘‘meaningful and timely input by Federal agencies to assess the effects of UMRA. tribal officials in the development of their regulatory actions on State, local, regulatory policies that have tribal and tribal governments and the private F. Regulatory Flexibility Act (RFA), as implications.’’ ‘‘Policies that have tribal sector. Under section 202 of the UMRA, Amended by the Small Business implications’’ is defined in the we generally must prepare a written Regulatory Enforcement Fairness Act of Executive Order to include regulations statement, including a cost-benefit 1966 (SBREFA), 5 U.S.C. 601 et seq. that have ‘‘substantial direct effects on analysis, for proposed and final rules The RFA generally requires an agency one or more Indian tribes, on the with ‘‘Federal mandates’’ that may to prepare a regulatory flexibility relationship between the Federal result in expenditures by State, local, analysis for any rule subject to notice government and the Indian tribes, or on and tribal governments, in the aggregate, and comment rulemaking requirements the distribution of power and or by the private sector, of $100 million under the Administrative Procedure Act responsibilities between the federal or more in any 1 year. Before or any other statute unless the agency government and Indian tribes.’’ promulgating a rule for which a written certifies that the rule will not have a The proposed rule amendments do statement is needed, section 205 of the significant economic impact on a not have tribal implications. They will UMRA generally requires us to identify substantial number of small entities. not have substantial direct effects on and consider a reasonable number of Small entities include small businesses,

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small organizations, and small option. The cost estimates reflect activities unless to do so would be governmental jurisdictions. The increased costs associated with the inconsistent with applicable law or proposed amendments will not have a installation and operation of a bag leak otherwise impractical. Voluntary significant impact on a substantial detection system and with daily opacity consensus standards are technical number of small entities because the observations partially offset by the cost standards (e.g., materials specifications, amendments only provide alternative savings from no longer having to operate test methods, sampling procedures, compliance options designed to provide and maintain a COMS. business practices) developed or facilities with increased flexibility. Burden means the total time, effort, or adopted by one or more voluntary Therefore, I certify that the action will financial resources expended by persons consensus bodies. The NTTAA directs not have a significant economic impact to generate, maintain, retain, or disclose us to provide Congress, through annual on a substantial number of small or provide information to or for a reports to OMB, with explanations entities. Federal agency. This includes the time when an agency does not use available needed to: Review instructions; G. Paperwork Reduction Act and applicable voluntary consensus develop, acquire, install, and utilize standards. The proposed rulemaking The information collection technology and systems for the purposes does not involve a technical standard. requirements in the proposed rule of collecting, validating, and verifying amendments have been submitted for information, processing and I. Executive Order 13211, Actions approval to OMB under the Paperwork maintaining information, and disclosing Concerning Regulations That Reduction Act, 44 U.S.C. 3501 et seq. and providing information; adjust the Significantly Affect Energy Supply, We have prepared an Information existing ways to comply with any Distribution or Use Collection Request (ICR) document (ICR previously applicable instructions and The proposed rule amendments are No. 1060.11), and you may obtain a requirements; train personnel to be able not subject to Executive Order 13211 (66 copy from Susan Auby by mail at the to respond to a collection of FR 28355, May 22, 2001) because it is Office of Environmental Information, information; search existing data not a significant regulatory action under Collection Strategies Division, U.S. EPA sources; complete and review the Executive Order 12866. (2822), 1200 Pennsylvania Avenue NW., collection of information; and transmit Washington, DC 20460; by e-mail at or otherwise disclose the information. List of Subjects in 40 CFR Part 63 [email protected]; or by calling (202) An Agency may not conduct or Environmental protection, 566–1672. You may also download a sponsor, and a person is not required to Administrative practice and procedure, copy off the Internet at http:// respond to, a collection of information Air pollution control, Intergovernmental www.epa.gov/icr. The information unless it displays a currently valid OMB relations, Reporting and recordkeeping requirements are not effective until control number. The OMB control requirements. OMB approves them. numbers for our regulations are listed in Dated: October 9, 2002. The information requirements are 40 CFR part 9 and 48 CFR chapter 15. based on notification, recordkeeping, Comments are requested on our need Christine Todd Whitman, and reporting requirements in the NSPS for the information, the accuracy of the Administrator. General Provisions (40 CFR part 60, provided burden estimates, and any For the reasons set out in the subpart A), which are mandatory for all suggested methods for minimizing preamble, title 40, chapter I, part 63 of operators subject to NSPS. The respondent burden, including through the Code of Federal Regulations is recordkeeping and reporting the use of automated collection amended as follows: requirements are specifically authorized techniques. Send comments on the ICR by section 114 of the CAA (42 U.S.C. to the Director, Collection Strategies PART 60—[AMENDED] 7414). All information submitted to us Division, U.S. EPA (2822), 1200 1. The authority citation for part 60 pursuant to the recordkeeping and Pennsylvania Avenue NW., Washington, continues to read as follows: reporting requirements for which a DC 20460; and to the Office of Authority: 42 U.S.C. 7401, et seq. claim of confidentiality is made is Information and Regulatory Affairs, safeguarded according to our policies Office of Management and Budget, 725 2. Section 60.271 is amended by set forth in 40 CFR part 2, subpart B. 17th Street NW., Washington, DC 20503; adding new paragraphs (o) and (p) to The annual increase to monitoring, marked ‘‘Attention: Desk Officer for read as follows: recordkeeping, and reporting burden for EPA.’’ Include the ICR number in any the proposed rule amendments are correspondence. Since OMB is required § 60.271 Definitions. estimated at 1750 labor hours at a total to make a decision concerning the ICR * * * * * cost of $61,267 nationwide, and the between 30 and 60 days after October (o) Bag Leak detection system means annual average increase in burden is 16, 2002, a comment to OMB is best a system that is capable of continuously 175 labor hours and $6,127 per source. assured of having its full effect if OMB monitoring relative particulate matter We estimate that there will be no receives it by November 15, 2002. The (dust) loadings in the exhaust of a increase in the annualized capital costs final action will respond to any OMB or baghouse to detect bag leaks and other due to the proposed rule amendments. public comments on the information conditions that result in increases in We estimate that the annualized costs collection requirements contained in particulate loadings. A bag leak associated with purchasing and this proposal. detection system includes, but is not installing a bag leak detection system limited to, an instrument that operates are equal to the offsetting annualized H. National Technology Transfer and on triboelectric, electrodynamic, light cost savings associated with the Advancement Act of 1995 scattering, light transmittance, or other discontinued use and periodic Section 12(d) of the National effect to continuously monitor relative replacement of a COMS. In making the Technology Transfer and Advancement particulate matter loadings. estimates, it was assumed that ten Act of 1995 (NTTAA) Public Law 104– (p) Operating time means the period existing facilities currently required to 113 (15 U.S.C. 272 note) directs us to of time in hours that an affected source install and operate COMS would elect to use voluntary consensus standards in is in operation beginning at a startup use the proposed alternative monitoring our regulatory and procurement and ending at the next shutdown.

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3. Section 60.273 is amended by (0.0044 grains per actual cubic foot) or (i) Once per quarter, the owner or revising paragraph (c) and adding new less. operator may adjust the sensitivity of paragraphs (e), (f), (g), and (h) to read as (2) The bag leak detection system the bag leak detection system to account follows: sensor must provide output of relative for seasonal effects including particulate matter loadings and the temperature and humidity according to § 60.273 Emission monitoring. owner or operator shall continuously the procedures identified in the site- * * * * * record the output from the bag leak specific monitoring plan required under (c) A continuous monitoring system detection system using electronic or paragraph (e)(4) of this section. for the measurement of the opacity of other means (e.g., using a strip chart (ii) If opacities greater than zero emissions discharged into the recorder or a data logger.) percent are observed over four atmosphere from the control device(s) is (3) The bag leak detection system consecutive 15-second observations not required on any modular, multi- must be equipped with an alarm system during the daily opacity observations stack, negative-pressure or positive- that will sound when an increase in required under paragraph (c) of this pressure fabric filter if observations of relative particulate loading is detected section and the alarm on the bag leak the opacity of the visible emissions from over the alarm set point established detection system does not sound, the the control device are performed by a according to paragraph (e)(4) of this owner or operator shall lower the alarm certified visible emission observer; or on section, and the alarm must be located set point on the bag leak detection any single-stack fabric filter if visible such that it can be heard by the system to a point where the alarm emissions from the control device are appropriate plant personnel. would have sounded during the period performed by a certified visible (4) For each bag leak detection system when the opacity observations were emission observer and the owner required by paragraph (e) of this section, made. installs and continuously operates a bag the owner or operator shall develop and (7) For negative pressure, induced air leak detection system according to submit, to the Administrator or baghouses, and positive pressure paragraph (e) of this section. Visible delegated authority, for approval, a site- baghouses that are discharged to the emission observations shall be specific monitoring plan that addresses atmosphere through a stack, the bag leak conducted at least once per day for at the items identified in paragraphs detector sensor must be installed least three 6-minute periods when the (e)(4)(i) through (v) of this section. For downstream of the baghouse and furnace is operating in the melting and each bag leak detection system that upstream of any wet scrubber. refining period. All visible emissions operates based on the triboelectric (8) Where multiple detectors are observations shall be conducted in effect, the monitoring plan shall be required, the system’s instrumentation accordance with Method 9 of appendix consistent with the recommendations and alarm may be shared among A to this part. If visible emissions occur contained in the U.S. Environmental detectors. from more than one point, the opacity Protection Agency guidance document (f) For each bag leak detection system shall be recorded for any points where ‘‘Fabric Filter Bag Leak Detection installed according to paragraph (e) of visible emissions are observed. Where it Guidance’’ (EPA–454/R–98–015). The this section, the owner or operator shall is possible to determine that a number owner or operator shall operate and initiate procedures to determine the of visible emission sites relate to only maintain the bag leak detection system cause of all alarms within 30 minutes of one incident of the visible emission, according to the site-specific monitoring an alarm. The cause of the alarm must only one set of three 6-minute plan at all times. The plan shall be alleviated within 3 hours of the time observations will be required. In that describe: the alarm occurred by taking whatever case, the Method 9 observations must be (i) Installation of the bag leak detector corrective action(s) are necessary. If made for the site of highest opacity that system; additional time is required to alleviate directly relates to the cause (or location) (ii) Initial and periodic adjustment of the cause of the alarm, the owner or of visible emissions observed during a the bag leak detector system including operator shall notify the Administrator single incident. Records shall be how the alarm set-point will be or delegated authority. Corrective maintained of any 6-minute average that established; actions may include, but are not limited is in excess of the emission limit (iii) Operation of the bag leak to the following: specified in § 60.272(a). detection system including quality (1) Inspecting the baghouse for air assurance procedures; leaks, torn or broken bags or filter * * * * * (iv) How the bag leak detection media, or any other condition that may (e) A bag leak detection system must system will be maintained including a cause an increase in particulate be installed and continuously operated routine maintenance schedule and spare emissions; on all single-stack fabric filters if the parts inventory list; and (2) Sealing off defective bags or filter owner or operator elects not to install (v) How the bag leak detection system media; and operate a continuous opacity output shall be recorded and stored. (3) Replacing defective bags or filter monitoring system as provided for (5) The initial adjustment of the media, or otherwise repairing the under paragraph (c) of this section. In system shall, at a minimum, consist of control device; addition, the owner or operator shall establishing the baseline output by (4) Sealing off a defective baghouse meet the visible emissions observation adjusting the sensitivity (range) and the compartment; requirements in paragraph (c) of this averaging period of the device, and (5) Cleaning the bag leak detection section. The bag leak detection system establishing the alarm set points and the system probe, or otherwise repairing the must meet the specifications and alarm delay time (if applicable). bag leak detection system; or requirements of paragraphs (e)(1) (6) Following initial adjustment, the (6) Shutting down the process through (8) of this section. owner or operator shall not adjust the producing the particulate emissions. (1) The bag leak detection system averaging period, alarm set point, or (g) The owner or operator shall must be certified by the manufacturer to alarm delay time without approval from maintain each baghouse monitored by a be capable of detecting particulate the Administrator or delegated authority bag leak detection system such that the matter emissions at concentrations of 10 except as provided for in paragraphs alarm on the bag leak detection system milligrams per actual cubic meter (e)(6)(i) and (ii) of this section. does not sound for more than 3 percent

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of the total operating time in a 6-month periods when the furnace is operating in § 60.271a Definitions. reporting period. the melting and refining period. All Bag leak detection system means a (h) The percentage of time the alarm visible emissions observations shall be system that is capable of continuously on a bag leak detection system sounds conducted in accordance with Method monitoring relative particulate matter shall be determined according to 9. If visible emissions occur from more (dust) loadings in the exhaust of a paragraphs (h)(1) through (5) of this than one point, the opacity shall be baghouse to detect bag leaks and other section. recorded for any points where visible conditions that result in increases in (1) An alarm that occurs due solely to emissions are observed. Where it is particulate loadings. A bag leak a malfunction of the bag leak detection possible to determine that a number of detection system includes, but is not system shall not be included in the visible emission sites relate to only one limited to, an instrument that operates calculation. incident of the visible emission, only on triboelectric, electrodynamic, light (2) An alarm that occurs during one set of three 6-minute observations scattering, light transmittance, or other startup, shutdown, or malfunction shall will be required. In that case, the effect to continuously monitor relative not be included in the calculation if the Method 9 observations must be made for particulate matter loadings. owner or operator follows all the site of highest opacity that directly requirements contained in § 60.11(d). relates to the cause (or location) of * * * * * (3) For each alarm where the owner or visible emissions observed during a Operating time means the period of operator initiates procedures to single incident. Records shall be time in hours that an affected source is determine the cause of an alarm within maintained of any 6-minute average that in operation beginning at a startup and 1 hour of the alarm, 1 hour of alarm is in excess of the emission limit ending at the next shutdown. time shall be counted. specified in § 60.272(a). (4) For each alarm where the owner or * * * * * * * * * * operator does not initiate procedures to 8. Section 60.273a is amended by determine the cause of the alarm within 6. Section 60.276 is amended by revising paragraph (c) and adding new 1 hour of the alarm, alarm time will be adding new paragraphs (e) and (f) to paragraphs (e), (f), (g), and (h) to read as counted as the actual amount of time read as follows: follows: taken by the owner or operator to § 60.276 Recordkeeping and reporting § 60.273a Emission monitoring. initiate procedures to determine the requirements. cause of the alarm. * * * * * * * * * * (5) The percentage of time the alarm (c) A continuous monitoring system on the bag leak detection system sounds (e) The owner or operator shall for the measurement of the opacity of shall be calculated as the ratio of the maintain the following records for each emissions discharged into the sum of alarm times to the total operating bag leak detection system required atmosphere from the control device(s) is time multiplied by 100. under § 60.273(e): not required on any modular, multi- 4. Section 60.274 is amended by (1) Records of the bag leak detection stack, negative-pressure or positive- revising the first sentence of paragraph system output; (c) to read as follows: pressure fabric filter if observations of (2) Records of bag leak detection the opacity of the visible emissions from § 60.274 Monitoring of operations. system adjustments, including the date the control device are performed by a * * * * * and time of the adjustment, the initial certified visible emission observer; or on (c) When the owner or operator of an bag leak detector settings, and the final any single-stack fabric filter if visible affected facility is required to bag leak detector settings; emissions from the control device are demonstrate compliance with the (3) An identification of the date and performed by a certified visible standards under § 60.272(a)(3) and at time of all bag leak detection system emission observer and the owner any other time the Administrator may alarms, the time that procedures to installs and continuously operates a bag require that (under section 114 of the determine the cause of the alarm were leak detection system according to CAA, as amended) either: the control initiated, if procedures were initiated paragraph (e) of this section. Visible system fan motor amperes and all within 30 minutes of the alarm, the emission observations shall be damper positions; the volumetric flow cause of the alarm, an explanation of the conducted at least once per day for at rate through each separately ducted actions taken, the date and time the least three 6-minute periods when the hood; or the volumetric flow rate at the cause of the alarm was alleviated, and furnace is operating in the melting and control device inlet and all damper if the alarm was alleviated within 3 refining period. All visible emissions positions shall be determined during all hours of the alarm; and observations shall be conducted in periods in which a hood is operated for (4) The calculation of the percent of accordance with Method 9. If visible the purpose of capturing emissions from time the alarm on the bag leak detection emissions occur from more than one the affected facility subject to paragraph system sounded during each 6-month point, the opacity shall be recorded for (b) of this section. * * * reporting period. any points where visible emissions are observed. Where it is possible to * * * * * (f) In addition to the information 5. Section 60.275 is amended by determine that a number of visible required by § 60.7(c), the percent of time revising paragraph (i) to read as follows: emission sites relate to only one the alarm on the bag leak detection incident of the visible emission, only § 60.275 Test methods and procedures. system sounded during each 6-month one set of three 6-minute observations * * * * * reporting period shall be reported to the will be required. In that case, the (i) If visible emissions observations Administrator semi-annually. Method 9 observations must be made for are made in lieu of using a continuous 7. Section 60.271(a) is amended by the site of highest opacity that directly opacity monitoring system, as allowed adding, in alphabetical order, relates to the cause (or location) of for by § 60.273(c), visible emission definitions for ‘‘Bag leak detection visible emissions observed during a observations shall be conducted at least system’’ and ‘‘Operating time’’ as single incident. Records shall be once per day for at least three 6-minute follows: maintained of any 6-minute average that

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is in excess of the emission limit (iii) Operation of the bag leak actions may include, but are not limited specified in § 60.272a(a). detection system including quality to, the following: * * * * * assurance procedures; (1) Inspecting the baghouse for air (e) A bag leak detection system must (iv) How the bag leak detection leaks, torn or broken bags or filter be installed and continuously operated system will be maintained including a media, or any other condition that may on all single-stack fabric filters if the routine maintenance schedule and spare cause an increase in particulate owner or operator elects not to install parts inventory list; and emissions; and operate a continuous opacity (v) How the bag leak detection system (2) Sealing off defective bags or filter monitoring system as provided for output shall be recorded and stored. media. under paragraph (c) of this section. In (5) The initial adjustment of the (3) Replacing defective bags or filter addition, the owner or operator shall system shall, at a minimum, consist of media, or otherwise repairing the meet the visible emissions observation establishing the baseline output by control device; requirements in paragraph (c) of this adjusting the sensitivity (range) and the (4) Sealing off a defective baghouse section. The bag leak detection system averaging period of the device, and compartment. must meet the specifications and establishing the alarm set points and the (5) Cleaning the bag leak detection requirements of paragraphs (e)(1) alarm delay time (if applicable). system probe, or otherwise repairing the through (8) of this section. (6) Following initial adjustment, the bag leak detection system; and (1) The bag leak detection system owner or operator shall not adjust the (6) Shutting down the process must be certified by the manufacturer to averaging period, alarm set point, or producing the particulate emissions. (g) The owner or operator shall be capable of detecting particulate alarm delay time without approval from maintain each baghouse monitored by a matter emissions at concentrations of 10 the Administrator or delegated authority bag leak detection system such that the milligrams per actual cubic meter except as provided for in paragraphs alarm on the bag leak detection system (0.0044 grains per actual cubic foot) or (e)(6)(i) and (ii) of this section. does not sound for more than 3 percent less. (i) Once per quarter, the owner or of the total operating time in a 6-month (2) The bag leak detection system operator may adjust the sensitivity of reporting period. sensor must provide output of relative the bag leak detection system to account (h) The percentage of time the alarm particulate matter loadings and the for seasonal effects including on a bag leak detection system sounds owner or operator shall continuously temperature and humidity according to shall be determined according to record the output from the bag leak the procedures identified in the site- paragraphs (h)(1) through (5) of this detection system using electronic or specific monitoring plan required under paragraph (e)(4) of this section. section. other means (e.g., using a strip chart (1) An alarm that occurs due solely to (ii) If opacities greater than zero recorder or a data logger.) a malfunction of the bag leak detection percent are observed over four (3) The bag leak detection system system shall not be included in the consecutive 15-second observations must be equipped with an alarm system calculation. during the daily opacity observations that will sound when an increase in (2) An alarm that occurs during required under paragraph (c) of this relative particulate loading is detected startup, shutdown, or malfunction shall section and the alarm on the bag leak over the alarm set point established not be included in the calculation if the detection system does not sound, the according to paragraph (e)(4) of this owner or operator follows all owner or operator shall lower the alarm section, and the alarm must be located requirements contained in § 60.11(d). such that it can be heard by the set point on the bag leak detection (3) For each alarm where the owner or appropriate plant personnel. system to a point where the alarm operator initiates procedures to (4) For each bag leak detection system would have sounded during the period determine the cause of an alarm within required by paragraph (e) of this section, when the opacity observations were 1 hour of the alarm, 1 hour of alarm the owner or operator shall develop and made. time shall be counted. submit, to the Administrator or (7) For negative pressure, induced air (4) For each alarm where the owner or delegated authority, for approval, a site- baghouses, and positive pressure operator does not initiate procedures to specific monitoring plan that addresses baghouses that are discharged to the determine the cause of the alarm within the items identified in paragraphs atmosphere through a stack, the bag leak 1 hour of the alarm, alarm time will be (e)(4)(i) through (v) of this section. For detector sensor must be installed counted as the actual amount of time each bag leak detection system that downstream of the baghouse and taken by the owner or operator to operates based on the triboelectric upstream of any wet scrubber. initiate procedures to determine the effect, the monitoring plan shall be (8) Where multiple detectors are cause of the alarm. consistent with the recommendations required, the system’s instrumentation (5) The percentage of time the alarm contained in the U.S. Environmental and alarm may be shared among on the bag leak detection system sounds Protection Agency guidance document detectors. shall be calculated as the ratio of the ‘‘Fabric Filter Bag Leak Detection (f) For each bag leak detection system sum of alarm times to the total operating Guidance’’ (EPA–454/R–98–015). The installed according to paragraph (e) of time multiplied by 100. owner or operator shall operate and this section, the owner or operator shall 9. Section 60.274a is amended by maintain the bag leak detection system initiate procedures to determine the revising the first sentence of paragraph according to the site-specific monitoring cause of all alarms within 30 minutes of (b), revising the first sentence of plan at all times. The plan shall describe an alarm. The cause of the alarm must paragraph (c), revising the first sentence the following: be alleviated within 3 hours of the time of paragraph (d), and revising paragraph (i) Installation of the bag leak detector the alarm occurred by taking whatever (e) to read as follows: system; corrective action(s) are necessary. If (ii) Initial and periodic adjustment of additional time is required to alleviate § 60.274a Monitoring of operations. the bag leak detector system including the cause of the alarm, the owner or * * * * * how the alarm set-point will be operator shall notify the Administrator (b) Except as provided under established; or delegated authority. Corrective paragraph (e) of this section, the owner

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or operator subject to the provisions of periods in which a hood is operated for bag leak detection system required this subpart shall check and record on the purpose of capturing emissions from under § 60.273a(e): a once-per-shift basis the furnace static the affected facility subject to paragraph (1) Records of the bag leak detection pressure (if DEC system is in use, and (b) of this section. * * * system output; a furnace static pressure gauge is (d) Except as provided under (2) Records of bag leak detection installed according to paragraph (f) of paragraph (e) of this section, the owner system adjustments, including the date this section) and either: check and or operator shall perform monthly and time of the adjustment, the initial record the control system fan motor operational status inspections of the bag leak detector settings, and the final amperes and damper position on a once- equipment that is important to the bag leak detector settings; per-shift basis; install calibrate, and performance of the total capture system (3) An identification of the date and maintain a monitoring device that (i.e., pressure sensors, dampers, and time of all bag leak detection system continuously records the volumetric damper switches). * * * alarms, the time that procedures to flow rate through each separately (e) The owner or operator may determine the cause of the alarm were ducted hood; or install, calibrate, and petition the Administrator to approve initiated, if procedures were initiated maintain a monitoring device that any alternative to either the monitoring within 30 minutes of the alarm, the continuously records the volumetric requirements specified in paragraph (b) cause of the alarm, an explanation of the flow rate at the control device inlet and of this section or the monthly actions taken, the date and time the check and record damper positions on operational status inspections specified cause of the alarm was alleviated, and a once-per-shift basis. * * * in paragraph (d) of this section if the if the alarm was alleviated within 3 hours of the alarm; and (c) When the owner or operator of an alternative will provide a continuous (4) The calculation of the percent of affected facility is required to record of operation of each emission time the alarm on the bag leak detection demonstrate compliance with the capture system. system sounded during each 6-month standards under § 60.272a(a)(3) and at * * * * * reporting period. any other time the Administrator may 10. Section 60.276a is amended by (i) In addition to the information require that (under section 114 of the adding new paragraphs (h) and (i) to required by § 60.7(c), the percent of time CAA, as amended) either: the control read as follows: the alarm on the bag leak detection system fan motor amperes and all system sounded during each 6-month damper positions; the volumetric flow § 60.276a Recordkeeping and reporting reporting period shall be reported to the rate through each separately ducted requirements. Administrator semi-annually. hood; or the volumetric flow rate at the * * * * * control device inlet and all damper (h) The owner or operator shall [FR Doc. 02–26303 Filed 10–15–02; 8:45 am] positions shall be determined during all maintain the following records for each BILLING CODE 6560–50–P

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Part V

The President Proclamation 7607—General Pulaski Memorial Day, 2002

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Federal Register Presidential Documents Vol. 67, No. 200

Wednesday, October 16, 2002

Title 3— Proclamation 7607 of October 10, 2002

The President General Pulaski Memorial Day, 2002

By the President of the United States of America

A Proclamation

Americans celebrate our friendship and common commitment to freedom with the people of Poland each year on October 11, when we honor Brigadier General Casimir Pulaski, a hero of the American Revolutionary War. As a brave Polish patriot, General Pulaski made the ultimate sacrifice for our Nation, giving his life in 1779 to help America gain its independence. His devotion to liberty continues to inspire us today as we join with our allies to secure peace and freedom around the globe. Before joining the American Revolution in 1777, Casimir Pulaski struggled against oppression in his native Poland, fighting alongside his father and brothers to defend their homeland from Prussian and Imperial Russian invad- ers. Though his cause was ultimately overcome by those powerful forces, Pulaski was widely recognized for his courageous actions as a cavalry officer and leader of Polish forces. Benjamin Franklin lauded Pulaski as ‘‘famous throughout Europe for his bravery and conduct in defense of the liberties of his country.’’ When General Pulaski joined General George Washington’s staff, he imme- diately made important contributions to the war effort. He led a critical counterattack at the Battle of Brandywine that avoided a potential military disaster, earning him a commission as a Brigadier General. American leaders valued Pulaski’s experience in battle, his knowledge of military strategy, and his pioneering efforts that led to a recognition that he was the ‘‘Father of the American cavalry.’’ While leading cavalry forces in the Siege of Savannah, Pulaski was wounded, and died on October 11, 1779. Two hundred and twenty-five years ago, Casimir Pulaski joined forces with Americans to establish liberty and overcome despotism. That inspiration and solidarity is mirrored today as we engage in a war against terrorism. As part of a global coalition, which includes the government and people of Poland, we are working to ensure that our two nations remain strong friends and allies in our effort to build a safer, more peaceful world for all. 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 Friday, October 11, 2002, as General Pulaski Memorial Day. I encourage all Americans to com- memorate this occasion with appropriate programs and activities paying tribute to Casimir Pulaski and honoring all those who defend the freedom of our great Nation.

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

[FR Doc. 02–26521 Filed 10–15–02; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 67, No. 200 Wednesday, October 16, 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. 1721...... 62652 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 8 CFR The United States Government Manual 741–6000 7598...... 62161 103...... 61474 7599...... 62165 Other Services 214...... 61474 7600...... 62167 217...... 63246 Electronic and on-line services (voice) 741–6020 7601...... 62169 Proposed Rules: Privacy Act Compilation 741–6064 7602...... 62863 103...... 61568, 63313 Public Laws Update Service (numbers, dates, etc.) 741–6043 7603...... 62865 212...... 63313 TTY for the deaf-and-hard-of-hearing 741–6086 7604...... 62867 214...... 61568, 63313 7605...... 63527 245...... 63313 7606...... 63811 ELECTRONIC RESEARCH 248...... 61568, 63313 7607...... 64025 264...... 61568 World Wide Web Executive Orders: 299...... 63313 13275...... 62869 Full text of the daily Federal Register, CFR and other publications Administrative Orders: 9 CFR is located at: http://www.access.gpo.gov/nara Memorandums 94...... 62171 Federal Register information and research tools, including Public October 1, 2002...... 62163 331...... 61767 Inspection List, indexes, and links to GPO Access are located at: Presidential Determinations: 381...... 61767 http://www.archives.gov/federallregister/ No. 2002-32 of 417...... 62325 E-mail September 30, 10 CFR 2002 ...... 62311 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 20...... 62872 an open e-mail service that provides subscribers with a digital 4 CFR 32...... 62872 form of the Federal Register Table of Contents. The digital form Proposed Rules: 35...... 62872 of the Federal Register Table of Contents includes HTML and 21...... 61542 63...... 62628 PDF links to the full text of each document. Proposed Rules: 5 CFR To join or leave, go to http://listserv.access.gpo.gov and select 30...... 62403 Online mailing list archives, FEDREGTOC-L, Join or leave the list 534...... 63049 40...... 62403 (or change settings); then follow the instructions. 2634...... 61761 70...... 62403 2635...... 61761 PENS (Public Law Electronic Notification Service) is an e-mail 11 CFR service that notifies subscribers of recently enacted laws. 7 CFR Proposed Rules: To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 1...... 63237 110...... 62410 and select Join or leave the list (or change settings); then follow 29...... 61467 12 CFR the instructions. 300...... 63529 8...... 62872 FEDREGTOC-L and PENS are mailing lists only. We cannot 301 ...... 61975, 62627, 63529 204...... 62634 respond to specific inquiries. 319...... 63529 723...... 62871 226...... 61769 Reference questions. Send questions and comments about the 729...... 62871 Proposed Rules: Federal Register system to: [email protected] 868...... 62313 220...... 62214 The Federal Register staff cannot interpret specific documents or 905...... 62313 13 CFR regulations. 906...... 62318 920...... 62320 121 ...... 62292, 62334, 62335 996...... 63503 123...... 62335 FEDERAL REGISTER PAGES AND DATE, OCTOBER 997...... 63503 Proposed Rules: 61467–61760...... 1 998...... 63503 121...... 61829 61761–61974...... 2 999...... 63503 1260...... 61762 14 CFR 61975–62164...... 3 1400...... 61468 21...... 63193 62165–62310...... 4 1412...... 61470 23...... 62636 62311–62626...... 7 1421...... 63506 25 ...... 62339, 63050, 63250 62627–62862...... 8 1437...... 62323 36...... 63193 62863–63048...... 9 1470...... 63242 39 ...... 61476, 61478, 61481, 63049–63236...... 10 1942...... 63019, 63536 61770, 61771, 61980, 61983, 63237–63528...... 11 4284...... 63537 61984, 61985, 62341, 62347, 63529–63812...... 15 Proposed Rules: 63813, 63815, 63817, 63821 63813–64026...... 16 97...... 61545 71 ...... 63823, 63824, 63825, 300...... 61547 63826, 63827, 63828 319...... 61547 91...... 63193 993...... 63568 97...... 62638, 62640 1424...... 61565 Proposed Rules: 1710...... 62652 25...... 61836

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39 ...... 61569, 61842, 61843, 1308...... 62354 17...... 62887 67 ...... 63275, 63837, 63849 62215, 62654, 63573, 63856 Proposed Rules: 36...... 62646, 62889 201...... 61512 71 ...... 62410, 62412, 62413, 310...... 62218 39...... 62642 206...... 61512, 62896 62414, 62415, 62416, 63858 358...... 62218 Proposed Rules: Proposed Rules: 121 ...... 61996, 62142, 62294 3...... 63352 67 ...... 63358, 63360, 63867, 129...... 62142 22 CFR 63872 135...... 62142 22...... 62884 39 CFR 207...... 61996 111...... 63549 45 CFR 208...... 61996 23 CFR 952...... 62178 Proposed Rules: 221...... 61996 450...... 62370 957...... 62178 46...... 62432 250...... 61996 650...... 63539 958...... 62178 253...... 61996 960...... 62178 47 CFR 24 CFR 256...... 61996 962...... 62178 0...... 63279 302...... 61996 92...... 61752 964...... 62178 1...... 63850 380...... 61996 Proposed Rules: 965...... 62178 15...... 63290 389...... 61996 200...... 63198 Proposed Rules: 20...... 63851 399...... 61996 111...... 63582 25...... 61814 25 CFR 15 CFR 61...... 63850 103...... 63543 40 CFR 64...... 62648 902...... 63223 Proposed Rules: 52 ...... 61784, 61786, 62179, 69...... 63850 990...... 61483 170...... 62417 62184, 62376, 62378, 62379, 73 ...... 61515, 61816, 62399, Proposed Rules: 62381, 62383, 62385, 62388, 62400, 62648, 62649, 62650, 30...... 62911 26 CFR 62389, 62392, 62395, 62889, 63290, 63852, 63853 50...... 62657 Proposed Rules: 62891, 63268, 63270 90...... 63279 806...... 63860 1...... 62417, 63330 61...... 62395 95...... 63279 17 CFR 20...... 63330 62...... 62894 Proposed Rules: 25...... 61997, 63330 70...... 63551 25...... 61999 1...... 62350, 63966 81...... 61786, 62184 64...... 62667 3...... 62350 27 CFR 180...... 63503 73 ...... 61572, 61845, 63873, 4...... 62350 4...... 62856 258...... 62647 63874, 63875, 63876 9...... 62350 5...... 62856 300...... 61802 11...... 62350 7...... 62856 1518...... 62189 48 CFR 16...... 62350 13...... 62856 17...... 62350 Proposed Rules: 206...... 61516 46...... 63543 52 ...... 62221, 62222, 62425, 18...... 62350 207...... 61516 62426, 62427, 62431, 62432, 19...... 62350 Proposed Rules: 217...... 61516 62926, 63353, 63354, 63583, 21...... 62350 4...... 61998, 62860 223...... 61516 63586 31...... 62350 5...... 62860 237...... 61516 60...... 64014 36...... 62350 7...... 62860 242...... 61516 61...... 62432 37...... 62350, 62873 13...... 62860 245...... 61516 81...... 62222 38...... 62350, 62873 55...... 63862 247...... 61516 122...... 63867 39...... 62350, 62873 1804...... 62190 28 CFR 228...... 62659 40...... 62350, 62873 1833...... 61519 300...... 61844 41...... 62350 Proposed Rules: 1852...... 61519 372...... 63060 140...... 62350 549...... 63059 1872...... 61519 450...... 63867 145...... 62350, 63538 Proposed Rules: 29 CFR 2...... 64010 150...... 62350 42 CFR 170...... 62350 4022...... 63544 11...... 64010 171...... 62350 4044...... 63544 81...... 62096 23...... 64010 190...... 62350 413...... 61496 206...... 62590 30 CFR 457...... 61956 208...... 62590 18 CFR 47...... 63254 460...... 61496, 63966 209...... 62590 482...... 61805, 61808 225...... 62590 Proposed Rules: 31 CFR 35...... 63327 483...... 61808 242...... 62590 154...... 62918 1...... 62886 484...... 61808 252...... 62590 161...... 62918 33 CFR 43 CFR 49 CFR 250...... 62918 284...... 62918 100...... 63265 4...... 61506 40...... 61521 117 ...... 61987, 63255, 63259, 268...... 62618 350...... 61818, 63019 19 CFR 63546, 63547 271...... 62618 360...... 61818 10...... 62880 165 ...... 61494, 61988, 62178, 2930...... 61732 365...... 61818 163...... 62880 62373, 63261, 63264 3430...... 63565 372...... 61818 178...... 62880 Proposed Rules: 3470...... 63565 382...... 61818 Proposed Rules: 154...... 63331 3800...... 61732 383...... 61818 24...... 62920 155...... 63331 6300...... 61732 386...... 61818 101...... 62920 8340...... 61732 387...... 61818 36 CFR 111...... 63576 8370...... 61732 388...... 61818 1201...... 63267 9260...... 61732 390...... 61818, 63019 21 CFR 1254...... 63267 Proposed Rules: 391...... 61818 101...... 61773 268...... 62626 393...... 61818, 63966 163...... 62171 37 CFR 271...... 62626 397...... 62191 173...... 61783 Proposed Rules: 2930...... 61746 571...... 61523 510...... 63054 201...... 63578 579...... 63295 520...... 63054 44 CFR 594...... 62897 522...... 63054 38 CFR 64...... 63271 Proposed Rules: 558...... 63054 1...... 62642 65 ...... 63273, 63829, 63834 27...... 61996

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37...... 61996 40...... 61996 177...... 62681 219...... 61996, 63022 225...... 63022 240...... 63022 376...... 61996 382...... 61996 397...... 62681 575...... 62528 653...... 61996 654...... 61996 50 CFR 16...... 62193 17 ...... 61531, 62897, 63968 600...... 61824, 62204 635...... 61537, 63854 648 ...... 62650, 63223, 63311 654...... 61990 660 ...... 61824, 61994, 62204, 62401, 63055, 63057 679 ...... 61826, 61827, 62212, 62651, 62910, 63312 Proposed Rules: 17 ...... 61845, 62926, 63064, 63066, 63067, 63738 600...... 62222 660...... 62001, 63599 679...... 63600

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REMINDERS BE-22; annual survey of New Hampshire; comments unauthorized long The items in this list were selected services due by 10-21-02; distance changes; editorially compiled as an aid transactions with published 9-19-02 [FR 02- comments due by 10- to Federal Register users. unaffiliated foreign 23728] 21-02; published 9-20- Inclusion or exclusion from persons; comments due Utah; comments due by 10- 02 [FR 02-23200] this list has no legal by 10-25-02; published 8- 21-02; published 9-19-02 Radio stations; table of significance. 26-02 [FR 02-21691] [FR 02-23378] assignments: COMMERCE DEPARTMENT Air quality implementation Colorado and Texas; National Oceanic and plans; approval and comments due by 10-21- RULES GOING INTO Atmospheric Administration promulgation; various 02; published 9-9-02 [FR EFFECT OCTOBER 16, Endangered and threatened States: 02-22757] 2002 species: Utah; comments due by 10- Ohio; comments due by 10- Incidental taking— 21-02; published 9-20-02 21-02; published 9-12-02 ENVIRONMENTAL Southern California; drift [FR 02-23817] [FR 02-23140] gillnet fishing prohibited; PROTECTION AGENCY Air quality implementation Oklahoma and Texas; loggerhead sea turtles; Air quality implementation plans; approval and comments due by 10-21- comments due by 10- plans; approval and promulgation; various 02; published 9-12-02 [FR 21-02; published 9-20- promulgation; various States: 02-23141] States: 02 [FR 02-23841] Fishery conservation and California; comments due by Oregon; comments due by Colorado; published 9-16-02 management: 10-21-02; published 9-20- 10-21-02; published 9-12- 02 [FR 02-23139] TRANSPORTATION Caribbean, Gulf of Mexico, 02 [FR 02-23987] DEPARTMENT and South Atlantic Kentucky; comments due by Texas; comments due by Federal Aviation fisheries— 10-24-02; published 9-24- 10-21-02; published 9-12- Administration South Atlantic shrimp; 02 [FR 02-24091] 02 [FR 02-23138] Airworthiness directives: comments due by 10- Utah; comments due by 10- FEDERAL DEPOSIT Boeing; published 9-11-02 21-02; published 9-4-02 21-02; published 9-20-02 INSURANCE CORPORATION Rolls-Royce plc; published [FR 02-22544] [FR 02-23816] State banks chartered as 9-11-02 Magnuson-Stevens Act Superfund program: limited liability companies; provisions— National oil and hazardous insurance eligibility; Domestic fisheries; comments due by 10-21-02; COMMENTS DUE NEXT substances contingency exempted fishing permit plan— published 7-23-02 [FR 02- WEEK applications; comments 18467] National priorities list due by 10-21-02; update; comments due HEALTH AND HUMAN AGRICULTURE published 10-4-02 [FR by 10-21-02; published SERVICES DEPARTMENT DEPARTMENT 02-25335] 9-19-02 [FR 02-23585] Centers for Medicare & Agricultural Marketing West Coast States and National priorities list Medicaid Services Service Western Pacific update; comments due Medicare: Kiwifruit grown in— fisheries— Coral reef ecosystems; by 10-21-02; published National and local coverage California; comments due by comments due by 10- 9-19-02 [FR 02-23586] determinations; review; 10-21-02; published 8-22- 24-02; published 9-24- National priorities list comments due by 10-21- 02 [FR 02-21364] 02 [FR 02-24013] update; comments due 02; published 8-22-02 [FR Mango promotion, research, West Coast salmon; by 10-23-02; published 02-21530] and information order; comments due by 10- 9-23-02 [FR 02-23988] HEALTH AND HUMAN comments due by 10-25-02; 25-02; published 10-10- Toxic substances: SERVICES DEPARTMENT published 8-26-02 [FR 02- 02 [FR 02-25865] 21535] Significant new uses— Inspector General Office, COURT SERVICES AND 3-Hydroxy-1,1- Health and Human Services AGRICULTURE OFFENDER SUPERVISION Department DEPARTMENT dimethylbutyl derivative, AGENCY FOR THE etc.; comments due by Medicare and State health Food Safety and Inspection DISTRICT OF COLUMBIA 10-21-02; published 9- care programs; fraud and Service District of Columbia sex 20-02 [FR 02-23749] abuse: Meat and poultry inspection: offender registration; Water pollution; effluent Beneficiary coinsurance and comments due by 10-21-02; Federal Meat Inspection and guidelines for point source deductible amounts; published 8-21-02 [FR 02- Poultry Products categories: waiver under anti-kickback Inspection Acts; State 20468] Construction and statute; safe harbor; designations— DNA information; collection development; storm water comments due by 10-25- Maine; termination; and use; comments due by 02; published 9-25-02 [FR 10-21-02; published 8-21-02 discharges; comments comments due by 10- due by 10-22-02; 02-24344] 23-02; published 10-2- [FR 02-20606] published 6-24-02 [FR 02- HOUSING AND URBAN 02 [FR 02-24979] ENERGY DEPARTMENT 12963] DEVELOPMENT Financial assistance: AGRICULTURE DEPARTMENT Grants and cooperative FEDERAL DEPARTMENT COMMUNICATIONS Mortgage and loan insurance Grain Inspection, Packers agreements with for-profit organizations; uniform COMMISSION programs: and Stockyards Common carrier services: Puerto Rico; condominium Administration administrative requirements; comments Telecommunications Act of development; FHA Review inspection due by 10-25-02; 1996; implementation— approval; comments due requirements; comments published 8-26-02 [FR 02- Customer proprietary by 10-21-02; published 8- due by 10-21-02; published 20967] 21-02 [FR 02-21225] 8-21-02 [FR 02-21158] network and other ENVIRONMENTAL customer information; Single family mortgage COMMERCE DEPARTMENT PROTECTION AGENCY telecommunications insurance— Economic Analysis Bureau Air programs; State authority carriers’ use; non- One-time and up-front International services surveys: delegations: accounting safeguards; premiums; submission

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schedule; comments design; geological and 02; published 9-17-02 [FR with ‘‘PLUS’’ (Public Laws due by 10-21-02; seismological 02-23514] Update Service) on 202–741– published 8-21-02 [FR characteristics; comments Pratt & Whitney; comments 6043. This list is also 02-21227] due by 10-22-02; due by 10-21-02; available online at http:// Rehabilitation Loan published 9-5-02 [FR 02- published 9-19-02 [FR 02- www.nara.gov/fedreg/ Insurance Program; 22596] 23776] plawcurr.html. comments due by 10- SECURITIES AND Airworthiness standards: The text of laws is not 21-02; published 8-21- EXCHANGE COMMISSION Special conditions— published in the Federal 02 [FR 02-21228] Security futures products: Raytheon Aircraft Co. Register but may be ordered INTERIOR DEPARTMENT Margin related to security Model HS.125 Series in ‘‘slip law’’ (individual Fish and Wildlife Service futures products; reserve 700A airplanes; pamphlet) form from the Endangered and threatened requirements; comments comments due by 10- Superintendent of Documents, species: due by 10-23-02; 24-02; published 9-24- U.S. Government Printing published 9-23-02 [FR 02- 02 [FR 02-24242] Office, Washington, DC 20402 California tiger salamander; 24027] (phone, 202–512–1808). The TRANSPORTATION Sonoma County distinct text will also be made TRANSPORTATION DEPARTMENT population segment; available on the Internet from comments due by 10-21- DEPARTMENT National Highway Traffic Coast Guard GPO Access at http:// 02; published 7-22-02 [FR Safety Administration www.access.gpo.gov/nara/ Load lines: 02-18451] Motor vehicle safety nara005.html. Some laws may Hearing, etc.; comments Great Lakes— standards: not yet be available. due by 10-21-02; Lake Michigan; river Occupant crash protection— published 8-26-02 [FR S. 238/P.L. 107–237 barges; limited service Future air bags designed 02-21628] To authorize the Secretary of domestic voyages; to create less risk of the Interior to conduct Critical habitat comments due by 10- serious injuries for small feasibility studies on water designations— 23-02; published 4-23- women and young optimization in the Burnt River Cushenbury milk-vetch, 02 [FR 02-09834] children, etc.; phase-in basin, Malheur River basin, etc. (carbonate plants TRANSPORTATION requirements; comments Owyhee River basin, and from San Bernardino DEPARTMENT due by 10-24-02; Powder River basin, Oregon. Mountains, CA); Federal Aviation published 9-24-02 [FR (Oct. 11, 2002; 116 Stat. comments due by 10- Administration 02-24236] 1485) 21-02; published 9-20- Air traffic operating and flight TREASURY DEPARTMENT 02 [FR 02-23942] S. 1175/P.L. 107–238 rules, etc.: Internal Revenue Service Topeka shiner; comments Vicksburg National Military Niagara Falls, NY; special Income taxes: due by 10-21-02; flight rules in vicinity— Park Boundary Modification Foreign corporations; gross Act of 2002 (Oct. 11, 2002; published 8-21-02 [FR Canadian flight 02-20939] income; exclusions; 116 Stat. 1486) management comments due by 10-22- INTERIOR DEPARTMENT procedures; comments S. 1325/P.L. 107–239 02; published 8-2-02 [FR To ratify an agreement Surface Mining Reclamation due by 10-21-02; 02-19127] and Enforcement Office published 9-4-02 [FR between The Aleut 02-22267] Correction; comments due Corporation and the United Permanent program and by 10-22-02; published Airworthiness directives: States of America to abandoned mine land 9-17-02 [FR C2-19127] exchange land rights received Boeing; comments due by reclamation plan Returned or recharacterized under the Alaska Native 10-21-02; published 9-25- submissions: IRA contributions; Claims Settlement Act for 02 [FR 02-24306] Kansas; comments due by earnings calculation; certain land interests on Adak 10-23-02; published 9-23- Bombardier; comments due comments due by 10-21- Island, and for other purposes. 02 [FR 02-24016] by 10-21-02; published 9- 02; published 7-23-02 [FR (Oct. 11, 2002; 116 Stat. 25-02 [FR 02-24282] JUSTICE DEPARTMENT 02-18452] 1488) Britten Norman (Bembridge) Taxpayer identifying H.J. Res. 122/P.L. 107–240 Privacy Act; implementation; Ltd.; comments due by numbers; requirement on Making further continuing comments due by 10-24-02; 10-24-02; published 9-17- submissions; comments appropriations for the fiscal published 9-24-02 [FR 02- 02 [FR 02-23515] 24207] due by 10-23-02; year 2003, and for other Cameron Balloons Ltd.; published 7-26-02 [FR 02- NUCLEAR REGULATORY purposes. (Oct. 11, 2002; 116 comments due by 10-21- 18792] Stat. 1492) COMMISSION 02; published 9-13-02 [FR VETERANS AFFAIRS Last List October 11, 2002 Electronic maintenance and 02-23288] DEPARTMENT submission of information; Dornier; comments due by Disabilities rating schedule: comments due by 10-21-02; 10-25-02; published 9-25- published 9-6-02 [FR 02- 02 [FR 02-24307] Respirator and Public Laws Electronic Notification Service 21888] Hartzell Propeller Inc.; cardiovascular conditions; Rulemaking petitions: comments due by 10-21- evaluation of hypertension (PENS) with heart disease; Leyse, Robert H.; comments 02; published 9-19-02 [FR comments due by 10-21- due by 10-23-02; 02-23777] PENS is a free electronic mail 02; published 8-22-02 [FR published 8-9-02 [FR 02- notification service of newly McDonnell Douglas; 02-21366] 20172] comments due by 10-21- enacted public laws. To Spent nuclear fuel and high- 02; published 9-4-02 [FR subscribe, go to http:// level radioactive waste; 02-22436] LIST OF PUBLIC LAWS hydra.gsa.gov/archives/ independent storage; Mitsubishi Heavy Industries, publaws-l.html or send E-mail licensing requirements: Ltd.; comments due by This is a continuing list of to [email protected] Dry cask independent spent 10-21-02; published 9-13- public bills from the current with the following text fuel and monitored 02 [FR 02-23289] session of Congress which message: retrievable storage Pilatus Britten-Norman Ltd.; have become Federal laws. It SUBSCRIBE PUBLAWS-L installations; siting and comments due by 10-21- may be used in conjunction Your Name.

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Note: This service is strictly laws. The text of laws is not PENS cannot respond to specific inquiries sent to this for E-mail notification of new available through this service. address.

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