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17906

Notices Federal Register


Vol. 68, No. 71

Monday, April 14, 2003

This section of the FEDERAL REGISTER 3. Historic Preservation Tax DEPARTMENT OF AGRICULTURE
contains documents other than rules or Incentives
proposed rules that are applicable to the C. Revision of ACHP Strategic Plan Forest Service
public. Notices of hearings and investigations,
committee meetings, agency decisions and IV. Preserve America Program
Basin Creek Fuels Reduction Project,
rulings, delegations of authority, filing of Development
Beaverhead-Deerlodge National
petitions and applications and agency A. Presidential Awards Forest, Silver Bow, County, MT
statements of organization and functions are B. Preserve America Communities
examples of documents appearing in this V. Preserve America Executive Order AGENCY:Forest Service, USDA.
section. ACTION:Notice of intent to prepare an
Implementation
A. Interagency Assistance Efforts Environmental Impact Statement.
ADVISORY COUNCIL ON HISTORIC B. Guidelines for Federal Agency SUMMARY: The USDA, Forest Service,
PRESERVATION Reports Beaverhead-Deerlodge National Forest,
VI. Report of the Preservation Initiatives will prepare an Environmental Impact
Meeting Notice Committee Statement (EIS) to document the
AGENCY: Advisory Council on Historic A. Federal Heritage Tourism Summit analysis and disclose the environmental
Preservation. II impacts of proposed vegetation
ACTION: Notice of meeting. B. ACHP Donations Strategy treatments in the Basin Creek watershed
VII. Report of the Federal Agency south of Butte, Montana.
SUMMARY: Notice is hereby given that Programs Committee The project area is located in the
the Advisory Council on Historic A. Army Alternate Procedures— southern half of the Basin Creek
Preservation (ACHP) will meet on Amendment and Implementation watershed within the Highland
Friday, May 9, 2003. The meeting will Report Mountains in southwestern Montana
be held in Room M–09 at the Old Post (Township 2 North, Range 7 West
B. Program Comment for Dudded
Office Building, 1100 Pennsylvania sections 29, 31, 32; Township 1 North,
Areas
Avenue, NW., Washington, DC, Range 7 West, sections 5–8, 17–20;
C. Section 106 Cases Township 1 North, Range 8 West,
beginning at 9 a.m.
The ACHP was established by the VIII. Report of the Communications, sections 1–4, 9–12, 13–16, 21–24; and
National Historic Preservation Act of Education, and Outreach Township 2 North, Range 8 West,
1966 (16 U.S.C. 470 et seq.) to advise the Committee section 23).
President and the Congress on matters A. Publicity for Preserve America and The Beaverhead-Deerlodge National
relating to historic preservation and to Executive Order Forest is proposing to treat forested
comment upon Federal, federally B. Dissemination of ACHP areas in the Basin Creek Project Area to
assisted, and federally licensed Publications reduce the likelihood of high intensity
undertakings having an effect upon IX. Chairman’s Report rapidly spreading fire to reduce risks to
properties listed in or eligible for A. Meeting with Tribal fire fighter and public safety, private
inclusion in the National Register of Representatives property, and water quality in the Basin
Historic Places. The ACHP’s members B. Reissue of Federal Stewardship Creek Municipal Watershed. The
are the Architect of the Capitol; the Report proposed action will reduce high levels
Secretaries of the Interior, Agriculture, X. Executive Director’s Report of wildland fuels in two main areas of
Defense, and Transportation; the concern, a 3,900-acre area southwest of
XI. New Business
Administrators of the Environmental the Roosevelt Drive subdivision and a
Protection Agency and General Services XII. Adjourn 9,000-acre area in the Basin Creek
Administration; the Chairman of the Note: The meetings of the ACHP are open Municipal watershed. Treatments
National Trust for Historic Preservation; to the public. If you need special would include up to 1,500 acres of
the President of the National Conference accommodations due to a disability, please slashing, burning, and timber harvest in
of State Historic Preservation Officers; a contact the Advisory Council on Historic the area below the Roosevelt Drive
Governor; a Mayor; a Native Hawaiian; Preservation, 1100 Pennsylvania Ave., NW., subdivision. No permanent road
Room 809, Washington, DC, 202–606–8503, construction is proposed in this area;
and eight non-Federal members
at least seven (7) days prior to the meeting.
appointed by the President. however, there may be some need for
The agenda for the meeting includes FOR FURTHER INFORMATION CONTACT: temporary roads. Close coordination
the following: Additional information concerning the with the local homeowners will occur in
I. Chairman’s Welcome meeting is available from the Executive the specific design of treatments.
II. Presentation of Chairman’s Awards Director, Advisory Council on Historic A large portion (5,700 acres) of the
for Federal Achievement in Historic Preservation, 1100 Pennsylvania Ave., municipal watershed is in an
Preservation NW., #809, Washington, DC 20004. inventorized roadless area. Fire
III. Report of the Executive Committee simulation models are being used to
Dated: April 9, 2003. determine where treatments would be
A. FY 2004 ACHP Appropriations
B. Legislative Issues John M. Fowler, the most effective in slowing fire while
1. ACHP Reauthorization Legislation Executive Director. minimizing the number of acres needing
2. Surface Transportation [FR Doc. 03–9038 Filed 4–11–03; 8:45 am] to be treated. Modeling has not been
Reauthorization Legislation BILLING CODE 4310–10–M completed at this time, therefore, no

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17907

estimate of number of acres is known at involvement is to identify additional To assist the Forest Service in
this time. No permanent or temporary issues and to refine general issues. identifying and considering issues and
road construction is proposed within Scoping notices were mailed to the concerns on the proposed action,
the inventorized roadless area. public on March 29, 2002 and February comments on the draft environmental
Reconstruction of the Herman Gulch 11, 2003. impact statement should be as specific
Road is being considered to improve the People may visit with Forest Service as possible. It is also helpful if
route for firefighter and public access officials at any time during the analysis comments refer to specific pages or
during emergency situations and and prior to the decision. Two periods chapters of the draft statement.
address soil erosion issues. are specifically designated for Comments may also address the
No treatments would be proposed comments on the analysis: (1) during adequacy of the draft environmental
within INFISH defined riparian habitat the scoping process, and (2) during the impact statement or the merits of the
conservation areas. No treatment within draft EIS period. alternatives formulated and discussed in
old-growth forest is planned. During the scoping process, the Forest the statement. Reviewers may wish to
Alternatives: This EIS will evaluate Service seeks additional information refer to the Council on Environmental
alternative methods to meet the and comments from individuals or Quality Regulations for implementing
designated Purpose and Need for the organizations that may be interested in the procedural provisions of the
action: or affected by the proposed action, and National Environmental Policy Act at 40
1. Minimize the risks to water quality federal, state, and local agencies. The CFR 1503.3 in addressing these points.
in the event of wildland fire in the Basin Forest Service invites written comments The responsible official will make the
Creek Municipal Watershed. and suggestions on this action, decision on this proposal after
2. Reduce the potential of damage to particularly in terms of issues and considering comments and responses,
public and private property and alternative development. environmental consequences discussed
structures within the project area from The draft EIS is anticipated to be in the final EIS, applicable laws,
wildland fire. available for review in June 2003. The regulations, and policies. The decision
3. Modify vegetative conditions to final EIS planned for completion in and reasons for the decision will be
increase firefighter and public safety. December 2003. documented in a Record of Decision.
At least one alternative will exclude any The Environmental Protection Agency Dated: April 7, 2003.
treatments within the inventorized will publish the notice of availability of Thomas K. Reilly,
roadless area. As required by NEPA, a the draft Environmental Impact Forest Supervisor.
‘‘no action’’ alternative will be analyzed Statement in the Federal Register. The [FR Doc. 03–9010 Filed 4–11–03; 8:45 am]
as a baseline for gauging the potential Forest will also publish a legal notice of
BILLING CODE 3410–11–M
impacts of action alternatives. Forest its availability in the Montana Standard
Plan Visual Quality Objectives for the Newspaper, Butte, Montana. A 45-day
project area are fairly restrictive. comment period on the draft EIS will DEPARTMENT OF AGRICULTURE
Proposed treatments may require a begin the day after the legal notice is
Forest Plan amendment. published. Forest Service
Public Involvement: The public will The Forest Service believes, at this
be invited to comment on the Draft EIS early stage, it is important to give Lower Big Creek, Kootenai National
during a public open house, field trip, reviewers notice of several court rulings Forest, Lincoln County, MT
and in writing to the Beaverhead- related to public participation in the
AGENCY: Forest Service, USDA.
Deerlodge National Forest. The location environmental review process. First,
and time of the open house and time of reviewers of draft environmental impact ACTION:Notice of intent to prepare an
the site field visit will be announced in statements must structure their environmental impact statement.
the local news media, as dates are participation in the environmental SUMMARY: The USDA—Forest Service
determined. The public may contact the review of the proposal so that it is will prepare an Environmental Impact
Forest to have their name added to a meaningful and alerts an agency to the Statement to disclose the environmental
project mailing list. reviewer’s position and contentions. effects of timber harvest, prescribed
DATES: Initial comments concerning the Vermont Yankee Nuclear Power Corp. v. burning, and road management in the
scope of the analysis should be received NRDC, 435 U.S. 519,553 (1978). Also, Lower Big Creek Decision Area on the
in writing no later than 30 days from the environmental objections that could be Rexford Ranger District of the Kootenai
publication of this notice of intent. raised at the draft environmental impact National Forest. The Decision Area is
ADDRESSES: The responsible official is
statement stage but that are not raised located approximately 15 miles
Dale Bosworth, Chief of the Forest until after completion of the final southwest of Eureka, Montana.
Service. Please send written comments environmental impact statement may be
DATES: Written comments and
to Thomas K. Reilly, Forest Supervisor, waived or dismissed by the courts. City
of Angoon v. Hodel, 803 F.2d 1016, suggestions should be postmarked or
420 Barrett Street, Dillon, MT 59725. received within 30 days following
Comments may also be electronically 1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v. Harris, 490 F. Supp. publication of this notice.
submitted to r1_b- ADDRESSES: Written comments and
d_comments@fs.fed.us. 1334, 1338 (E.D. Wis. 1980). Because of
these court rulings, it is very important suggestions concerning the scope of the
FOR FURTHER INFORMATION CONTACT: that those interested in this proposed analysis should be sent to Glen M.
Steve Egeline, Acting Butte District action participate by the close of the 45- McNitt, District Ranger, Rexford Ranger
Ranger, Beaverhead-Deerlodge National day comment period so that substantive District, 1299 U.S. Highway 93 N,
Forest, 1820 Meadowlark Lane, Butte, comments and objections are made Eureka, MT 59917.
MT 59701, or phone (406) 494–0219. available to the Forest Service at a time FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: Public when it can meaningfully consider them Chris Fox, Interdisciplinary Team
participation is important to this and respond to them in the final Leader, Rexford Ranger District, Phone:
analysis. Part of the goal of public environmental impact statement. (406) 296–2536.

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17908 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

SUPPLEMENTARY INFORMATION: The managed plantations and natural stands days from the date the EPA publishes
Decision Area contains approximately that have regenerated after wildfire. the NOA in the Federal Register. It is
64,000 acres of land within the Kootenai Precommercial thinning would not very important that those interested in
National Forest. Proposed activities occur in lynx habitat. the management of this area participate
within the Decision Area include all or Forest Plan Amendments: The at that time.
portions of the following areas: T34– Proposed Action includes two project-
specific Forest Plan amendments The final EIS (FEIS) is scheduled to be
35N, R29–30W, PMM, Lincoln County,
Montana. necessary to meet the project’s completed by August 2003. In the FEIS,
All proposed activities are outside the objectives: the Forest Service is required to respond
boundaries of any roadless area or any An amendment to allow harvest in 15 to comments and responses received
areas considered for inclusion to the units adjacent to existing openings in during the comment period that pertain
National Wilderness System as Management Area (MA) 12 (Big Game to the environmental consequences
recommended by the Kootenai National Summer Range). The amendment would discussed in the DEIS, and applicable
Forest Plan or by any past or present be needed to suspend Wildlife and Fish laws, regulations, and policies
legislative wilderness proposals, with Standard #7 and Timber Standard #2 for considered in making a decision
the exception of approximately 840 this area. These standards state that regarding the proposal.
acres of underburning-only in the Big movement corridors and adjacent hiding Reviewer’s Obligations: The Forest
Creek Inventoried Roadless Area. cover be retained. The resulting opening
Service believes it is important to give
Purpose and Need: The purpose and sizes more closely correlate to natural
reviewers notice of several court rulings
need for the project is to: (1) Reduce fuel disturbance patterns. Snags and down
accumulations to decrease the woody material would be left to provide related to public participation in the
likelihood that fires would become large wildlife habitat and maintain soil environmental review process. First,
stand-replacing wildfires; (2) Restore productivity. reviewers of DEIS’ must structure their
characteristic vegetation patterns (patch An amendment to allow MA 12 open participation in the environmental
sizes and stand structure) on the road density to be managed at 1.18 review of the proposal so that it is
landscape; (3) Provide a transportation miles/square mile during project meaningful and alerts an agency to the
system that increases security for grizzly implementation. The amendment would reviewer’s position and contentions.
bears, reduces impacts to aquatic needed to suspend Facilities Standard Vermont Yankee Nuclear Power Corp. v.
resources, improves riparian wildlife #3, which states that open road density NRDC, 435 U.S. 519, 553 (1978). Also,
habitat, and insures economical and safe should be maintained at 0.75 miles/ environmental objections that could be
access; and (4) Respond to the social square mile. The open road density raised at the draft environmental impact
and economic needs of the public. would return to 0.74 following project statement stage may be waived or
Proposed Activities: The Forest completion. dismissed by the courts. City of Angoon
Service proposes to use regeneration Range of Alternatives: The Forest v. Hodel, 803, F.2d 1016, 1022 9th Cir.
harvest on approximately 2,650 acres, Service will consider a range of 1986) and Wisconsin Heritages, Inc. v.
shelterwood-commercial thin harvest on alternatives. One of these will be the Harris, 490 F. Supp. 1334, 1338 (E.D.
approximately 350 acres, commercial ‘‘no action’’ alternative, in which none Wis. 1980). Because of these court
thinning on approximately 560 acres, of the proposed activities will be rulings, it is very important that those
and roadside salvage and post and pole implemented. Additional alternatives interested in this Proposed Action
harvest on approximately 75 acres. will be considered to achieve the participate by the close DEIS 45 day
The Proposed Action would result in project’s purpose and need for action,
comment period so that substantive
nineteen openings over 40 acres, and to respond to specific resource
comments and objections are made
ranging from 98 to 530 acres. A 60-day issues and public concerns.
Public Involvement and Scoping: In available to the Forest Service at a time
public review period, and approval by
November 2002, efforts were made to when it can meaningfully consider and
the Regional Forester for exceeding the
involve the public in considering respond to them in the FEIS.
40 acre limitation for regeneration
harvest, would be required prior to the management opportunities within the To be most helpful, comments on the
signing of the Record of Decision. This Decision Area. A scoping package was DEIS should be as specific as possible,
60-day period is initiated with this mailed for public review on November and may address the adequacy of the
Notice of Intent. 5, 2002. A field trip was held on statement or the merit of the alternatives
The Proposed Action includes November 15, 2002; an open house was discussed. Reviewers may wish to refer
approximately 3,625 acres of prescribed held on November 21, 2002. Comments to the Council on Environmental
burning in association with timber received prior to this notice will be Quality regulations (40 CFR 1503.3) for
harvest, and approximately 1,100 acres included in the documentation for the implementing the procedural provisions
of prescribed burning without timber EIS. of the National Environmental Policy
harvest. Estimated Dates for Filing: While Act.
The Proposed Action also includes public participation in this analysis is
maintenance activities on portions of welcome at any time, comments Responsible Official: As the Forest
approximately 109 miles of road to meet received within 30 days of the Supervisor of the Kootenai National
Best Management Practices; publication of this notice will be Forest, 1101 U.S. Highway 2 West,
decommissioning approximately 25 especially useful in the preparation of Libby, MT 59923, I am the Responsible
miles of closed roads; placing 14 miles the Draft EIS (DEIS). The DEIS is Official. As the Responsible Official, I
of roads (which are currently restricted expected to be filed with the will decide if the proposed project will
year-long to motor vehicles) in storage; Environmental Protection Agency (EPA) be implemented. I will document the
and reconstructing approximately 1.7 and to be available for public review by decision and reasons for the decision in
miles of existing road. May 2003. At that time EPA will the Record of Decision. I have delegated
The Proposed Action includes publish a Notice of Availability (NOA) the responsibility for preparing the DEIS
precommercial thinning of sapling-sized of the DEIS in the Federal Register. The and FEIS to Glen M. McNitt, District
trees on approximately 300 acres within comment period on the DEIS will be 45 Ranger, Rexford Ranger District.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17909

Dated: April 3, 2003. 1320 (60 FR 44978, August 29, 1995), is estimated to average 30 minutes per
Bob Castaneda, this notice announces the intention of response.
Forest Supervisor, Kootenai National Forest. the National Agricultural Statistics Respondents: Farms.
[FR Doc. 03–8988 Filed 4–11–03; 8:45 am] Service (NASS) to seek approval for Estimated Number of Respondents:
BILLING CODE 3410–11–M
reinstatement of an information 25,000.
collection, the Farm and Ranch Estimated Total Annual Burden on
Irrigation Survey. Respondents: 12,500 hours.
DEPARTMENT OF AGRICULTURE DATES: Comments on this notice must be Copies of this information collection
received by June 18, 2003, to be assured and related instructions can be obtained
Forest Service of consideration. without charge from Ginny McBride,
NASS Information Collection Clearance
Trinity County Resource Advisory ADDRESSES: Comments may be mailed to
Officer, at (202) 720–5778.
Committee Ginny McBride, NASS Information
Comments are invited on: (a) Whether
Collection Clearance Officer, U.S.
AGENCY: Forest Service, USDA. the proposed collection of information
Department of Agriculture, Room 5336
ACTION: Notice of meeting. is necessary for the proper performance
South Building, 1400 Independence
of the functions of the agency, including
Avenue, SW., Washington, DC 20250–
SUMMARY: The Trinity County Resource whether the information will have
2024 or sent electronically to
Advisory Committee (RAC) will meet on practical utility; (b) the accuracy of the
gmcbride@nass.usda.gov.
May 5, 2003 in Weaverville, California. agency’s estimate of the burden of the
The purpose of the meeting is to discuss FOR FURTHER INFORMATION CONTACT: proposed collection of information
the selection of Title II projects under Carol House, Associate Administrator, including the validity of the
Public Law 106–393, H.R. 2389, the National Agricultural Statistics Service, methodology and assumptions used; (c)
Secure Rural Schools and Community U.S. Department of Agriculture, (202) ways to enhance the quality, utility, and
Self-Determination Act of 2000, also 720–4333. clarity of the information to be
called the ‘‘Payments to States’’ Act. SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the
DATES: The meeting will be held on May Title: Farm and Ranch Irrigation burden of the collection of information
5, 2003 from 6:30 to 8:30 p.m. Survey. on those who are to respond, including
ADDRESSES: The meeting will be held at OMB Control Number: 0535—0234. through the use of appropriate
the Trinity County Office of Education Type of Request: Intent to Seek automated, electronic, mechanical, or
Conference Room, 201 Memorial Drive, Approval to Reinstate an Information other technological collection
Weaverville, California. Collection. techniques or other forms of information
Abstract: The Farm and Ranch technology.
FOR FURTHER INFORMATION CONTACT: Ann
Irrigation Survey is conducted every 5 All responses to this notice will
Garland, Designated Federal Official,
years as authorized by the Census of become a matter of public record and be
USDA, Six Rivers National Forest, PO
Agriculture Act of 1997 (Pub. L. No. summarized in the request for OMB
Box 68, Willow Creek, CA 95573.
105–113). The 2003 Farm and Ranch approval.
Phone: (530) 629–2118. Email:
agarland@fs.fed.us. Irrigation Survey will use a probability Signed in Washington, DC, March 24,
sample from farms that reported 2003.
SUPPLEMENTARY INFORMATION: The
irrigation on the 2002 Census of Carol House,
committee will discuss proposed fuels Agriculture. This irrigation survey will Associate Administrator.
reduction, watershed restoration, and provide a comprehensive inventory of
public project. The meeting is open to [FR Doc. 03–9039 Filed 4–11–03; 8:45 am]
farm irrigation practices with detailed
the public. Public input opportunity data relating to acres irrigated by
BILLING CODE 3410–20–P

will be provided and individuals will category of land use, acres and yields of
have the opportunity to address the irrigated and non-irrigated crops,
committee at that time. DEPARTMENT OF COMMERCE
quantity of water applied, and method
Dated: April 7, 2003. of application to selected crops. Also National Oceanic and Atmospheric
S.E. ‘Lou’ Woltering, included will be 2003 expenditures for Administration
Forest Servisor. maintenance and repair of irrigation
equipment and facilities; purchase of [I.D. 021203A]
[FR Doc. 03–9016 Filed 4–11–03; 8:45 am]
BILLING CODE 3410–11–M energy for on-farm pumping of irrigation
Small Takes of Marine Mammals
water; investment in irrigation
Incidental to Specified Activities;
equipment, facilities, and land
Oceanographic Surveys in the Hess
DEPARTMENT OF AGRICULTURE improvement; and cost of water
Deep, Eastern Equatorial Pacific Ocean
received from off-farm water supplies.
National Agricultural Statistics Service Irrigation data are used by the farmers, AGENCY: National Marine Fisheries
their representatives, government Service (NMFS), National Oceanic and
Notice of Intent To Seek Reinstatement agencies, and many other groups Atmospheric Administration (NOAA),
of an Information Collection concerned with the irrigation industry. Commerce.
AGENCY: National Agricultural Statistics This survey will provide the only source ACTION: Notice of receipt of application
Service, USDA. of dependable, comparable irrigation and proposed authorization for a small
ACTION: Notice and request for data by State. The National Agricultural take exemption; request for comments.
comments. Statistics Service will use the
information collected only for statistical SUMMARY: NMFS has received an
SUMMARY: In accordance with the purposes and will publish the data only application from the Lamont-Doherty
Paperwork Reduction Act of 1995 (Pub. as tabulated totals. Earth Observatory (LDEO) for an
L. 104–13) and Office of Management Estimate of Burden: Public reporting Incidental Harassment Authorization
and Budget regulations at 5 CFR part burden for this collection of information (IHA) to take small numbers of marine

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17910 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

mammals, by harassment, incidental to Subsection 101(a)(5)(D) of the MMPA towed streamer containing hydrophones
conducting oceanographic surveys in established an expedited process by to receive the returning acoustic signals.
the Hess Deep in international waters of which citizens of the United States can All planned geophysical data
the Eastern Equatorial Pacific Ocean. apply for an authorization to acquisition activities will be conducted
Under the Marine Mammal Protection incidentally take small numbers of by LDEO scientists, with the
Act (MMPA), NMFS is requesting marine mammals by harassment. The participation of scientists from the
comments on its proposal to issue a MMPA defines ‘‘harassment’’ as: University of Texas at Austin, TX. Water
small take authorization to LDEO to any act of pursuit, torment, or annoyance depths in the Hess Deep survey area
incidentally take, by harassment, small which (i) has the potential to injure a marine will range from approximately 2,000 to
numbers of several species of cetaceans mammal or marine mammal stock in the 3,400 m (6,560 to 11,150 ft). A total of
and pinnipeds for a limited period of wild; or (ii) has the potential to disturb a 912 km (492 nm) of MCS (Multi
marine mammal or marine mammal stock in Channel Seismic) surveys using a 10–
time within the next year. the wild by causing disruption of behavioral
DATES: Comments and information must gun array and 189 km (102 nm) of OBS
patterns, including, but not limited to,
be received no later than May 14, 2003. migration, breathing, nursing, breeding,
surveys using a 12–gun array are
feeding, or sheltering. planned to be conducted. These line-
ADDRESSES: Comments on the
(B) The term ‘‘Level A harassment’’ means kilometer figures represent the planned
application should be addressed to
harassment described in subparagraph (A)(i). production surveys. There will be
Chief, Marine Mammal Conservation
(C) The term ‘‘Level B harassment’’ means additional operations associated with
Division, Office of Protected Resources,
harassment described in subparagraph (A)(ii). equipment testing, startup, line changes,
National Marine Fisheries Service, 1315
Subsection 101(a)(5)(D) establishes a and repeat coverage of any areas where
East-West Highway, Silver Spring, MD
45–day time limit for NMFS review of initial data quality is sub-standard.
20910–3225, or by telephoning the The procedures to be used for the
contact listed here. A copy of the an application followed by a 30–day
public notice and comment period on 2003 seismic survey will be similar to
application, Environmental Assessment those used during previous seismic
(EA) and/or a list of the references used any proposed authorizations for the
incidental harassment of small numbers surveys by LDEO, e.g., in the equatorial
in this document may be obtained by Pacific Ocean (Carbotte et al., 1998,
writing to this address or by telephoning of marine mammals. Within 45 days of
the close of the comment period, NMFS 2000). The proposed program will use
the contact listed here. Comments conventional seismic methodology with
cannot be accepted if submitted via e- must either issue or deny issuance of
the authorization. a towed airgun array as the energy
mail or the Internet. source and a towed streamer containing
FOR FURTHER INFORMATION CONTACT: Summary of Request hydrophones as the receiver system,
Kenneth R. Hollingshead, Office of sometimes in combination with OBS
Protected Resources, NMFS, (301) 713– On January 29, 2003, NMFS received
receivers placed on the bottom. The
2055, ext 128, an application from LDEO for the
energy to the airgun array is compressed
SUPPLEMENTARY INFORMATION:
taking, by harassment of several species air supplied by compressors on board
of marine mammals incidental to the source vessel. The specific
Background conducting a seismic survey program in configuration of the airgun array will
Sections 101(a)(5)(A) and (D) of the the Hess Deep portion of the Eastern differ between the OBS and MCS
MMPA (16 U.S.C. 1361 et seq.) directs Equatorial Pacific Ocean about 600 surveys, as described later in this
the Secretary of Commerce to allow, nautical miles (nm)(690 land miles; document. In addition, a multi-beam
upon request, the incidental, but not 1111.2 km) west of the Galapagos bathymetric sonar will be operated from
intentional, taking of marine mammals Islands during March and April 2003, the source vessel at most times during
by U.S. citizens who engage in a but rescheduled for July, 2003. The the Hess Deep survey. A lower-energy
specified activity (other than purpose of this survey is to obtain sub-bottom profiler, which is routinely
commercial fishing) within a specified information on movements of the earth’s operated at the same time as the multi-
geographical region if certain findings plates and on formations associated beam sonar during other projects, will
are made and either regulations are with those movements. More not be operated during this cruise.
issued or, if the taking is limited to specifically, the Hess Deep survey will The R/V Maurice Ewing will be used
harassment, a notice of a proposed obtain information on the geologic as the source vessel. It will tow the
authorization is provided to the public nature of boundaries of the earth’s crust airgun array (either 10 or 12 guns) and
for review. at fast-spreading and intermediate- a streamer containing hydrophones
Permission may be granted if NMFS spreading ridges at the boundaries of along predetermined lines. The vessel
finds that the taking will have a tectonic plates. Past studies have will travel at 4–5 knots (7.4–9.3 km/hr),
negligible impact on the species or mapped these areas using manned and seismic pulses will be emitted at
stock(s) and will not have an submersibles and remotely piloted intervals of 60–90 seconds (OBS lines)
unmitigable adverse impact on the vehicles, but they have not provided a and approximately 20 seconds (all other
availability of the species or stock(s) for link between geologic and seismic lines). The 20–sec spacing corresponds
subsistence uses and that the structure. This study will provide the to a shot interval of about 50 m (164 ft).
permissible methods of taking and seismic data to assess the geologic The 60–90 sec spacing along OBS lines
requirements pertaining to the nature of the previously mapped areas. is to minimize previous shot noise
monitoring and reporting of such Description of the Activity during OBS data acquisition, and the
takings are set forth. NMFS has defined exact spacing will depend on water
‘‘negligible impact’’ in 50 CFR 216.103 The seismic survey will involve a depth. The 10–gun array will be used
as ’’...an impact resulting from the single vessel, the R/V Maurice Ewing, during MSC surveys and the 12–gun
specified activity that cannot be which will deploy and retrieve the array will be used during OBS surveys.
reasonably expected to, and is not Ocean Bottom Seismometers (OBSs) and The airguns will be widely spaced in an
reasonably likely to, adversely affect the conduct the seismic work. The Maurice approximate rectangle with dimensions
species or stock through effects on Ewing will deploy an array of airguns as 35 m (114.9 ft)(across track) by 9 m (29.5
annual rates of recruitment or survival.’’ an energy source, plus a 6–km (3.2–nm) ft)(along track). Individual airguns range

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in size from 80 to 850 in3, with total extent of about 140 degrees, with tiny Potential Effects on Marine Mammals
volumes of the arrays being 3005 and (<1 millisec) gaps between the pulses As outlined in several previous NMFS
3721 in3 for the 10– and 12–gun arrays, for successive 30–degree segments. The documents, the effects of noise on
respectively. total duration of the ‘‘ping’’, including marine mammals are highly variable,
The 10–airgun array will have a peak all 5 successive segments, varies with and can be categorized as follows (based
sound source level of 248 dB re 1 µPa water depth but is 1 millisec in water on Richardson et al., 1995):
or 255 dB peak-to-peak (P-P). The 12– depths >500 m (1640.4 ft) and 10 (1) The noise may be too weak to be
airgun array will have a peak sound millisec in the deepest water. heard at the location of the animal (i.e.,
source level of 250 dB re 1 µPa or 257 Additional information on the airgun lower than the prevailing ambient noise
dB P-P. These are the nominal source level, the hearing threshold of the
array and Atlas Hydrosweep
levels for the sound directed downward, animal at relevant frequencies, or both);
specifications is contained in the
and represent the theoretical source (2) The noise may be audible but not
level close to a single point source application, which is available upon
request (see ADDRESSES). strong enough to elicit any overt
emitting the same sound as that emitted behavioral response;
by the array of 10 or 12 sources. Because Description of Habitat and Marine (3) The noise may elicit reactions of
the actual source is a distributed sound Mammals Affected by the Activity variable conspicuousness and variable
source (10 or 12 guns) rather than a relevance to the well being of the
single point source, the highest sound A detailed description of the Eastern marine mammal; these can range from
levels measurable at any location in the Equatorial Pacific Ocean and its temporary alert responses to active
water will be less than the nominal associated marine mammals can be avoidance reactions such as vacating an
source level. Also, because of the found in a number of documents area at least until the noise event ceases;
downward directional nature of the referenced in the LDEO application and (4) Upon repeated exposure, a marine
sound from these airgun arrays, the is not repeated here. Approximately 27 mammal may exhibit diminishing
effective source level for sound species of cetaceans and possibly two responsiveness (habituation), or
propagating in near-horizontal species of pinnipeds may inhabit the disturbance effects may persist; the
directions will be substantially lower. area of the Hess Deep. These species are latter is most likely with sounds that are
Along selected lines, OBSs will be the sperm whale (Physeter highly variable in characteristics,
positioned by the R/V Maurice Ewing macrocephalus), pygmy sperm whale infrequent and unpredictable in
prior to the time when it begins airgun occurrence (as are vehicle launches),
(Kogia breviceps), dwarf sperm whale
operations in that area. After OBS lines and associated with situations that a
(Kogia sima), Cuvier’s beaked whale
are shot, the R/V Maurice Ewing will marine mammal perceives as a threat;
retrieve the OBSs, download the data, (Ziphius cavirostris), Longman’s beaked
(5) Any anthropogenic noise that is
and refurbish the units. whale (Indopacetus pacificus), pygmy
strong enough to be heard has the
Along with the airgun operations, one beaked whale (Mesoplodon peruvianus),
potential to reduce (mask) the ability of
additional acoustical data acquisition Ginkgo-toothed beaked whale a marine mammal to hear natural
activity will occur throughout most of (Mesoplodon ginkgodens), Blainville’s sounds at similar frequencies, including
the cruise. The ocean floor will be beaked whale (Mesoplodon calls from conspecifics, and underwater
mapped with an Atlas Hydrosweep DS– densirostris), rough-toothed dolphin environmental sounds such as surf
2 multi-beam 15.5–kHz bathymetric (Steno bredanensis), bottlenose dolphin noise;
sonar. The Atlas Hydrosweep is (Tursiops truncatus), pantropical (6) If mammals remain in an area
mounted in the hull of the R/V Maurice spotted dolphin (Stenella attenuata), because it is important for feeding,
Ewing, and it operates in three modes, spinner dolphin (Stenella longirostris), breeding or some other biologically
depending on the water depth. The first striped dolphin (Stenella coeruleoalba), important purpose even though there is
mode is when water depth is <400 m short-beaked common dolphin chronic exposure to noise, it is possible
(1312.3 ft). The source output is 210 dB (Delphinus delphis), Fraser’s dolphin that there could be noise-induced
re 1 µPa-m rms and a single 1–millisec (Lagenodelphis hosei), Risso’s dolphin physiological stress; this might (in turn)
pulse or ‘‘ping’’ per second is (Grampus griseus), melon-headed whale have negative effects on the well-being
transmitted, with a beamwidth of 2.67 (Peponocephala electra), pygmy killer or reproduction of the animals involved;
degrees fore-aft and 90 degrees in whale (Feresa attenuata), false killer and
beamwidth. The beamwidth is whale (Pseudorca crassidens), killer (7) Very strong sounds have the
measured to the 3 dB point, as is usually whale (Orcinus orca), short-finned pilot potential to cause temporary or
quoted for sonars. The other two modes whale (Globicephala macrorhynchus), permanent reduction in hearing
are deep-water modes: The Omni mode sensitivity. In terrestrial mammals, and
humpback whale (Megaptera
is identical to the shallow-water mode presumably marine mammals, received
novaeangliae), minke whale
except that the source output is 220 dB sound levels must far exceed the
rms. The Omni mode is normally used (Balaenoptera acutorostrata), Bryde’s
animal’s hearing threshold for there to
only during start up. The Rotational whale (Balaenoptera edeni), sei whale be any temporary threshold shift (TTS).
Directional Transmission (RDT) mode is (Balaenoptera borealis), fin whale For transient sounds, the sound level
normally used during deep-water (Balaenoptera physalus), and the blue necessary to cause TTS is inversely
operation and has a 237 dB rms source whale (Balaenoptera musculus), related to the duration of the sound.
output. In the RDT mode, each ‘‘ping’’ Galapagos fur seal (Arctocephalus Received sound levels must be even
consists of five successive galapagoensis) and Galapagos sea lion higher for there to be risk of permanent
transmissions, each ensonifying a beam (Zalophus wollebaeki). Additional hearing impairment. In addition, intense
that extends 2.67 degrees fore-aft and information on most of these species is acoustic or explosive events may cause
approximately 30 degrees in the cross- contained in Caretta et al. (2001, 2002) trauma to tissues associated with organs
track direction. The five successive which is available at: http:// vital for hearing, sound production,
transmissions (segments) sweep from www.nmfs.noaa.gov/protlres/PR2/ respiration and other functions. This
port to starboard with minor overlap, StocklAssessmentlProgram/ trauma may include minor to severe
spanning an overall cross-track angular sars.html. hemorrhage.

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17912 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Characteristics of Airgun Pulses reduced. Nonetheless, they also emit than sounds arriving via a direct path.
Airguns function by venting high- sounds that travel horizontally toward (However, sound travel in the bottom
pressure air into the water. The pressure non-target areas. (3) An airgun array is may travel faster than that in the water,
signature of an individual airgun a distributed source, not a point source. and thus may arrive earlier than the
consists of a sharp rise and then fall in The nominal source level is an estimate direct arrival despite traveling a greater
pressure, followed by several positive of the sound that would be measured distance.) These variations in travel
and negative pressure excursions caused from a theoretical point source emitting time have the effect of lengthening the
by oscillation of the resulting air bubble. the same total energy as the airgun duration of the received pulse. At the
The sizes, arrangement and firing times array. That figure is useful in calculating source, seismic pulses are about 10 to 20
of the individual airguns in an array are the expected received levels in the far ms in duration. In comparison, the
designed and synchronized to suppress field (i.e., at moderate and long pulse duration as received at long
the pressure oscillations subsequent to distances). Because the airgun array is horizontal distances can be much
the first cycle. The resulting downward- not a single point source, there is no one greater. For example, for one airgun
directed pulse has a duration of only 10 location within the near field (or array operating in the Beaufort Sea,
to 20 ms, with only one strong positive anywhere else) where the received level pulse duration was about 300 ms at a
and one strong negative peak pressure is as high as the nominal source level. distance of 8 km (4.3 nm), 500 ms at 20
(Caldwell and Dragoset, 2000). Most The strengths of airgun pulses can be km (10.8 nm), and 850 ms at 73 km
energy emitted from airguns is at measured in different ways, and it is (39.4 nm) (Greene and Richardson,
relatively low frequencies. For example, important to know which method is 1988).
typical high-energy airgun arrays emit being used when interpreting quoted Another important aspect of sound
most energy at 10–120 Hz. However, the source or received levels. Geophysicists propagation is that received levels of
pulses contain some energy up to 500– usually quote P-P levels, in bar-meters low-frequency underwater sounds
1000 Hz and above (Goold and Fish, or dB re 1 µPa-m. The peak (= zero-to- diminish close to the surface because of
1998). The pulsed sounds associated peak) level for the same pulse is pressure-release and interference
with seismic exploration have higher typically about 6 dB less. In the phenomena that occur at and near the
peak levels than other industrial sounds biological literature, levels of received surface (Urick, 1983; Richardson et al.,
to which whales and other marine airgun pulses are often described based 1995). Paired measurements of received
mammals are routinely exposed. The P- on the ‘‘average’’ or ‘‘root-mean-square’’ airgun sounds at depths of 3 m (9.8 ft)
P source levels of the 20–gun array (not (rms) level over the duration of the vs. 9 or 18 m (29.5 or 59 ft) have shown
proposed to be used for the Hess Deep pulse. The rms value for a given pulse that received levels are typically several
work), and the 12–gun array and 10–gun is typically about 10 dB lower than the decibels lower at 3 m (9.8. ft)(Greene
arrays (that will be used for the Hess peak level, and 16 dB lower than the P- and Richardson, 1988). For a mammal
Deep), are 262, 257, and 255 dB re 1 P value (Greene, 1997; McCauley et al., whose auditory organs are within 1/2 or
µPa-m, respectively. These are the 1998, 2000a). A fourth measure that is 1 m ( 1.6 or 3.3 ft) of the surface, the
nominal source levels applicable to sometimes used is the energy level, in received level of the predominant low-
downward propagation. (The effective dB re 1 µPa2s. Because the pulses are >1 frequency components of the airgun
source level for horizontal propagation sec in duration, the numerical value of pulses would be further reduced.
is lower.) The only sources with higher the energy is lower than the rms Pulses of underwater sound from
or comparable effective source levels are pressure level (but the units are open-water seismic exploration are
explosions and high-power sonars different). Because the level of a given often detected 50 to 100 km (30 to 54
operating near maximum power. pulse will differ substantially nm) from the source location, even
Several important mitigating factors depending on which of these measures during operations in nearshore waters
need to be kept in mind. (1) Airgun is being applied, it is important to be (Greene and Richardson, 1988; Burgess
arrays produce intermittent sounds, aware which measure is in use when and Greene, 1999). At those distances,
involving emission of a strong sound interpreting any quoted pulse level. In the received levels on an approximate
pulse for a small fraction of a second the past, NMFS has commonly rms basis are low (below 120 dB re 1
followed by several seconds of near referenced the rms levels when mPa). However, faint seismic pulses are
silence. In contrast, some other acoustic discussing levels of pulsed sounds that sometimes detectable at even greater
sources produce sounds with lower might ‘‘harass’’ marine mammals. ranges (e.g., Bowles et al., 1994; Fox et
peak levels, but their sounds are Seismic sound received at any given al., 2002). Considerably higher levels
continuous or discontinuous but point will arrive via a direct path, can occur at distances out to several
continuing for much longer durations indirect paths that include reflection kms from an operating airgun array.
than seismic pulses. (2) Airgun arrays from the sea surface and bottom, and With 12–gun and 10–gun arrays, the
are designed to transmit strong sounds often indirect paths including segments distances at which seismic pulses are
downward through the seafloor, and the through the bottom sediments. Sounds expected to diminish to received levels
amount of sound transmitted in near- propagating via indirect paths travel of 190, 180, 170 dB and 160 dB re 1 µPa,
horizontal directions is considerably longer distances and often arrive later on an rms basis) are as follows:

RMS Radii (m/ft)


Airgun Array
190 dB 180 dB 170 dB 160 dB

12 airguns ........................................................................................................................................ 300/984 880/2887 2680/ 7250/


8793 23786
10 airguns ........................................................................................................................................ 250/820 830/2723 2330/ 6500/
7644 21325

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Additional information can be found Furthermore, the discontinuous nature on marine mammals, scientists often
in the LDEO application. of seismic pulses makes significant resort to estimating how many mammals
masking effects unlikely even for were present within a particular
Effects of Seismic Surveys on Marine
mysticetes. distance of industrial activities, or
Mammals A few cetaceans are known to exposed to a particular level of
The LDEO application provides the increase the source levels of their calls industrial sound. This likely
following information on what is known in the presence of elevated sound levels, overestimates the numbers of marine
about the effects, on marine mammals, or possibly to shift their peak mammals that are affected in some
of the types of seismic operations frequencies in response to strong sound biologically important manner. The
planned by LDEO. The types of effects signals (Dahlheim, 1987; Au, 1993; sound criteria used to estimate how
considered here are (1) masking, (2) Lesage et al., 1999; Terhune, 1999; many marine mammals might be
disturbance, and (3) potential hearing reviewed in Richardson et al.,
impairment and other physical effects. disturbed to some biologically-
1995:233ff, 364ff). These studies
Additional discussion on species important degree by a seismic program
involved exposure to other types of
specific effects can be found in the are based on behavioral observations
anthropogenic sounds, not seismic
LDEO application. pulses, and it is not known whether during studies of several species.
these types of responses ever occur However, information is lacking for
Masking many other species. This is discussed
upon exposure to seismic sounds. If so,
Masking effects on marine mammal these adaptations, along with further in the LDEO application.
calls and other natural sounds are directional hearing and preadaptation to Hearing Impairment and Other Physical
expected to be limited. Seismic sounds tolerate some masking by natural Effects
are short pulses occurring for less than sounds (Richardson et al., 1995), would
1 sec every 20 or 60–90 sec in this all reduce the importance of masking. Temporary or permanent hearing
project. Sounds from the multibeam impairment is a possibility when marine
sonar are very short pulses, occurring Disturbance by Seismic Surveys
mammals are exposed to very strong
for 1–10 msec once every 1 to 15 sec, Disturbance includes a variety of sounds. The minimum sound level
depending on water depth. (During effects, including subtle changes in necessary to cause permanent hearing
operations in deep water, the duration behavior, more conspicuous dramatic impairment is higher, by a variable and
of each pulse from the multibeam sonar changes in activities, and displacement. generally unknown amount, than the
as received at any one location would Disturbance is the primary concern for level that induces barely-detectable
actually be only 1/5th or at most 2/5th this project. Based on previous temporary threshold shift (TTS). The
of 1–10 msec, given the segmented determinations by NMFS regarding
nature of the pulses.) Some whales are level associated with the onset of TTS
minor behavioral response by marine
known to continue calling in the is often considered to be a level below
mammals, LDEO presumes here that
presence of seismic pulses. Their calls which there is no danger of damage.
simple exposure to sound, or brief
can be heard between the seismic pulses Current NMFS policy regarding
reactions that do not disrupt behavioral
(e.g., Richardson et al., 1986; McDonald patterns in a potentially significant exposure of marine mammals to high-
et al., 1995; Greene et al., 1999). manner, do not constitute Level B level sounds is that cetaceans and
Although there has been one report that harassment or ‘‘taking’’. By potentially pinnipeds should not be exposed to
sperm whales cease calling when significant, LDEO means ‘‘in a manner impulsive sounds exceeding 180 and
exposed to pulses from a very distant that might have deleterious effects to the 190 dB re 1 micro Pa (rms), respectively.
seismic ship (Bowles et al., 1994), a well-being of individual marine Several aspects of the planned
recent study reports that sperm whales mammals or their populations.’’ monitoring and mitigation measures for
continued calling in the presence of However, there are difficulties in this project are designed to detect
seismic pulses (Madsen et al., 2002). defining which marine mammals should marine mammals occurring near the
Masking effects of seismic pulses are be counted as ‘‘taken by harassment’’. airgun array (and multi-beam sonar),
expected to be negligible in the case of For many species and situations, and to avoid exposing them to sound
the smaller odontocete cetaceans, given scientists do not have detailed pulses that might cause hearing
the intermittent nature of seismic pulses information about their reactions to impairment. In addition, many
plus the fact that sounds important to noise, including reactions to seismic cetaceans are likely to show some
them are predominantly at much higher (and sonar) pulses. Behavioral reactions avoidance of the area with ongoing
frequencies than are airgun sounds. of marine mammals to sound are seismic operations. In these cases, the
Most of the energy in the sound difficult to predict. Reactions to sound, avoidance responses of the animals
pulses emitted by airgun arrays is at low if any, depend on species, state of themselves will reduce or avoid the
frequencies, with strongest spectrum maturity, experience, current activity, possibility of hearing impairment.
levels below 200 Hz and considerably reproductive state, time of day, and
lower spectrum levels above 1000 Hz. many other factors. If a marine mammal Non-auditory physical effects may
These frequencies are mainly used by does react to an underwater sound by also occur in marine mammals exposed
mysticetes, but not by odontocetes or changing its behavior or moving a small to strong underwater pulsed sound.
pinnipeds. An industrial sound source distance, the impacts of the change may Possible types of non-auditory
will reduce the effective communication not be significant to the individual let physiological effects or injuries that
or echolocation distance only if its alone the stock or the species as a might (in theory) occur include stress,
frequency is close to that of the cetacean whole. However, if a sound source neurological effects, bubble formation,
signal. If little or no overlap occurs displaces marine mammals from an resonance effects, and other types of
between the industrial noise and the important feeding or breeding area for a organ or tissue damage. It is possible
frequencies used, as in the case of many prolonged period, impacts on the that some marine mammal species (i.e.,
marine mammals vs. airgun sounds, animals could be significant. Given the beaked whales) may be especially
communication and echolocation are many uncertainties in predicting the susceptible to injury and/or stranding
not expected to be disrupted. quantity and types of impacts of noise when exposed to strong pulsed sounds.

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17914 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

TTS very high peak pressures, especially if µPa (P-P). In the units used by
TTS is the mildest form of hearing they have very short rise times (time geophysicists, this is 10 bar-m. Such
impairment that can occur during required for sound pulse to reach peak levels are found only in the immediate
exposure to a strong sound (Kryter, pressure from the baseline pressure). vicinity of the largest airguns
1985). When an animal experiences Such damage can result in a permanent (Richardson et al., 1995:137; Caldwell
TTS, its hearing threshold rises and a decrease in functional sensitivity of the and Dragoset, 2000). It is very unlikely
sound must be stronger in order to be hearing system at some or all that an odontocete would remain within
heard. TTS can last from minutes or frequencies. a few meters of a large airgun for
Single or occasional occurrences of sufficiently long to incur PTS. The TTS
hours to (in cases of strong TTS) days.
mild TTS do not cause permanent (and thus PTS) thresholds of baleen
The magnitude of TTS depends on the
auditory damage in terrestrial mammals, whales and pinnipeds may be lower,
level and duration of noise exposure,
and presumably do not do so in marine and thus may extend to a somewhat
among other considerations (Richardson mammals. However, very prolonged greater distance. However, baleen
et al., 1995). For sound exposures at or exposure to sound strong enough to whales generally avoid the immediate
somewhat above the TTS threshold, elicit TTS, or shorter-term exposure to area around operating seismic vessels,
hearing sensitivity recovers rapidly after sound levels well above the TTS so it is unlikely that a baleen whale
exposure to the noise ends. Only a few threshold, can cause PTS, at least in could incur PTS from exposure to
data on sound levels and durations terrestrial mammals (Kryter, 1985). In airgun pulses. Some pinnipeds do not
necessary to elicit mild TTS have been terrestrial mammals, the received sound show strong avoidance of operating
obtained for marine mammals. level from a single sound exposure must airguns. However, pinnipeds are
Currently, NMFS believes that, be far above the TTS threshold for any expected to be (at most) uncommon in
whenever possible to avoid Level A risk of permanent hearing damage the Hess Deep survey area. Although it
harassment, cetaceans should not be (Kryter, 1994; Richardson et al., 1995). is unlikely that the planned seismic
exposed to pulsed underwater noise at Relationships between TTS and PTS surveys could cause PTS in any marine
received levels exceeding 180 dB re 1 thresholds have not been studied in mammals, caution is warranted given
µPa (rms). The corresponding limit for marine mammals but are assumed to be the limited knowledge about noise-
pinnipeds has been set at 190 dB. The similar to those in humans and other induced hearing damage in marine
predicted 180- and 190–dB distances for terrestrial mammals. mammals, particularly baleen whales.
the airgun arrays operated by LDEO Some factors that contribute to onset
during this activity were summarized of PTS are as follows: Strandings and Mortality
previously in this document. These (1) exposure to single very intense Marine mammals close to underwater
sound levels are not considered to be noises, (2) repetitive exposure to intense detonations of high explosives can be
the levels at or above which TTS might sounds that individually cause TTS but killed or severely injured, and the
occur. Rather, they are the received not PTS, and (3) recurrent ear infections auditory organs are especially
levels above which, in the view of a or (in captive animals) exposure to susceptible to injury (Ketten et al., 1993;
panel of bioacoustics specialists certain drugs. Ketten, 1995). Airgun pulses are less
convened by NMFS, one cannot be Cavanagh (2000) has reviewed the energetic and have slower rise times,
certain that there will be no injurious thresholds used to define TTS and PTS. and there is no evidence that they can
effects, auditory or otherwise, to marine Based on his review and SACLANT cause serious injury, death, or stranding.
mammals. It has been shown that most (1998), it is reasonable to assume that However, the association of mass
whales tend to avoid ships and PTS might occur at a received sound strandings of beaked whales with naval
associated seismic operations. Thus, level 20 dB or more above that which exercises and, in a recent case, an LDEO
whales will likely not be exposed to induces mild TTS. However, for PTS to seismic survey has raised the possibility
such high levels of airgun sounds. Any occur at a received level only 20 dB that beaked whales may be especially
whales close to the trackline could above the TTS threshold, it is probable susceptible to injury and/or stranding
move away before the sounds become that the animal would have to be when exposed to strong pulsed sounds.
sufficiently strong for there to be any exposed to the strong sound for an In March 2000, several beaked whales
potential for hearing impairment. extended period. that had been exposed to repeated
Therefore, there is little potential for Sound impulse duration, peak pulses from high intensity, mid-
whales being close enough to an array amplitude, rise time, and number of frequency military sonars stranded and
to experience TTS. In addition, ramping pulses are the main factors thought to died in the Providence Channels of the
up airgun arrays, which has become determine the onset and extent of PTS. Bahamas Islands, and were
standard operational protocol for many Based on existing data, Ketten (1994) subsequently found to have incurred
seismic operators including LDEO, has noted that the criteria for cranial and ear damage (NOAA and
should allow cetaceans to move away differentiating the sound pressure levels USN, 2001). Based on post-mortem
from the seismic source and to avoid that result in PTS (or TTS) are location analyses, it was concluded that an
being exposed to the full acoustic and species-specific. PTS effects may acoustic event caused hemorrhages in
output of the airgun array. also be influenced strongly by the health and near the auditory region of some
of the receiver’s ear. beaked whales. These hemorrhages
Permanent Threshold Shift (PTS) Given that marine mammals are occurred before death. They would not
When PTS occurs, there is physical unlikely to be exposed to received levels necessarily have caused death or
damage to the sound receptors in the of seismic pulses that could cause TTS, permanent hearing damage, but could
ear. In some cases, there can be total or it is highly unlikely that they would have compromised hearing and
partial deafness, while in other cases, sustain permanent hearing impairment. navigational ability (NOAA and USN,
the animal has an impaired ability to If we assume that the TTS threshold for 2001). The researchers concluded that
hear sounds in specific frequency exposure to a series of seismic pulses acoustic exposure caused this damage
ranges. Physical damage to a mammal’s may be on the order of 220 dB re 1 µPa and triggered stranding, which resulted
hearing apparatus can occur if it is (P-P) in odontocetes, then the PTS in overheating, cardiovascular collapse,
exposed to sound impulses that have threshold might be about 240 dB re 1 and physiological shock that ultimately

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led to the death of the stranded beaked Ewing was underway in the general area resonance frequency. If stimulated at
whales. During the event, five naval (Malakoff, 2002). The airgun array in this frequency, the ensuing resonance
vessels used their AN/SQS–53C or –56 use during that project was the Ewing’s could cause damage to the animal.
hull-mounted active sonars for a period 20–gun 8490–in3 array. This might be a Diving marine mammals are not subject
of 16 h. The sonars produced narrow first indication that seismic surveys can to the bends or air embolism because,
(<100 Hz) bandwidth signals at center have effects, at least on beaked whales, unlike a human SCUBA diver, they only
frequencies of 2.6 and 3.3 kHz (–53C), similar to the suspected effects of naval breath air at sea level pressure and have
and 6.8 to 8.2 kHz (-56). The respective sonars. However, the evidence linking protective adaptations against getting
source levels were usually 235 and 223 the Gulf of California strandings to the the bends. There may be a possibility
dB re 1 µ Pa, but the -53C briefly seismic surveys is inconclusive, and to that high sound levels could cause
operated at an unstated but substantially this date is not based on any physical bubble formation in the blood of diving
higher source level. The unusual evidence (Hogarth, 2002; Yoder, 2002). mammals that in turn could cause an air
bathymetry and constricted channel The ship was also operating its multi-
embolism, tissue separation, and high,
where the strandings occurred were beam bathymetric sonar at the same
localized pressure in nervous tissue
conducive to channeling sound. This, time but, as discussed later in this
and the extended operations by multiple document, this sonar had much less (Gisner (ed.), 1999; Houser et al., 2001).
sonars, apparently prevented escape of potential than these naval sonars to A recent workshop (Gentry (ed.),
the animals to the open sea. In addition affect beaked whales. Although the link 2002) was held to discuss whether the
to the strandings, there are reports that between the Gulf of California stranding of beaked whales in the
beaked whales were no longer present strandings and the seismic (plus multi- Bahamas in 2000 might have been
in the Providence Channel region after beam sonar) survey is inconclusive, this related to air cavity resonance or bubble
the event, suggesting that other beaked plus the various incidents involving formation in tissues caused by exposure
whales either abandoned the area or beaked whale strandings associated to noise from naval sonar. A panel of
(perhaps) died at sea (Balcomb and with naval exercises suggests a need for experts concluded that resonance in air-
Claridge, 2001). caution in conducting seismic surveys filled structures was not likely to have
Other strandings of beaked whales in areas occupied by beaked whales. caused this stranding. Among other
associated with operation of military reasons, the air spaces in marine
sonars have also been reported (e.g., Non-auditory Physiological Effects
mammals are too large to be susceptible
Simmonds and Lopez-Jurado, 1991; Possible types of non-auditory
physiological effects or injuries that to resonant frequencies emitted by mid-
Frantzis, 1998). In these cases, it was
might occur in marine mammals or low-frequency sonar; lung tissue
not determined whether there were
exposed to strong underwater sound damage has not been observed in any
noise-induced injuries to the ears or
other organs. Another stranding of might, in theory, include stress, mass, multi-species stranding of beaked
beaked whales (15 whales) happened on neurological effects, bubble formation, whales; and the duration of sonar pings
24–25 September 2002 in the Canary resonance effects, and other types of is likely too short to induce vibrations
Islands, where naval maneuvers were organ or tissue damage. There is no that could damage tissues (Gentry (ed.),
taking place. proof that any of these effects occur in 2002). Opinions were less conclusive
It is important to note that seismic marine mammals exposed to sound about the possible role of gas (nitrogen)
pulses and mid-frequency sonar pulses from airgun arrays. However, there have bubble formation/growth in the
are quite different. Sounds produced by been no direct studies of the potential Bahamas stranding of beaked whales.
the types of airgun arrays used to profile for airgun pulses to elicit any of these Workshop participants did not rule out
sub-sea geological structures are effects. If any such effects do occur, they the possibility that bubble formation/
broadband with most of the energy would probably be limited to unusual growth played a role in the stranding
below 1 kHz. Typical military mid- situations when animals mightbe and participants acknowledged that
frequency sonars operate at frequencies exposed at close range for unusually more research is needed in this area.
of 2 to 10 kHz, generally with a long periods. The only available information on
relatively narrow bandwidth at any one Long-term exposure to anthropogenic acoustically-mediated bubble growth in
time (though the center frequency may noise may have the potential to cause marine mammals is modeling that
change over time). Because seismic and physiological stress that could affect the assumes prolonged exposure to sound.
sonar sounds have considerably health of individual animals or their
reproductive potential, which could In summary, little is known about the
different characteristics and duty cycles,
theoretically cause effects at the potential for seismic survey sounds to
it is not appropriate to assume that there
population level (Gisner (ed.), 1999). cause auditory impairment or other
is a direct connection between the
effects of military sonar and seismic However, there is essentially no physical effects in marine mammals.
surveys on marine mammals. However, information about the occurrence of Available data suggest that such effects,
evidence that sonar pulses can, in noise-induced stress in marine if they occur at all, would be limited to
special circumstances, lead to hearing mammals. Also, it is doubtful that any situations where the marine mm where
damage and, indirectly, mortality single marine mammal would be the marine mammal is located at a short
suggests that caution is warranted when exposed to strong seismic sounds for distance from the sound source.
dealing with exposure of marine sufficiently long that significant However, the available data do not
mammals to any high-intensity pulsed physiological stress would develop. allow for meaningful quantitative
sound. This is particularly so in the case of predictions of the numbers (if any) of
In addition to the sonar-related broad-scale seismic surveys of the type marine mammals that might be affected
strandings, there was a recent planned by LDEO (see Fig. 1 in LDEO in these ways. Marine mammals that
(September 2002) stranding of two (2003)), where the tracklines are show behavioral avoidance of seismic
Cuvier’s beaked whales in the Gulf of generally not as closely spaced as in vessels, including most baleen whales,
California (Mexico) when a seismic many 3–dimensional industry surveys. some odontocetes, and some pinnipeds,
survey by the National Science Gas-filled structures in marine are unlikely to incur auditory
Foundation/LDEO vessel R/V Maurice animals have an inherent fundamental impairment or other physical effects.

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Possible Effects of Mid-Frequency Sonar More recently, Rendell and Gordon LDEO is not aware of any data on the
Signals (1999) recorded vocal behavior of pilot reactions of pinnipeds to sonar sounds,
A multi-beam bathymetric sonar whales during periods of active naval although it is likely the pinniped
(Atlas Hydrosweep DS–2, 15.5–kHz) sonar transmission. The sonar signal species can detect these sounds given
will be operated from the source vessel was made up of several components their hearing abilities (Kastak and
at most times during the Hess Deep each lasting 0.17 sec and sweeping up Schusterman, 1995, 1998, 1999; see also
survey. Sounds from the multibeam from 4 to 5 kHz. The pilot whales were a review in Richardson et al., 1995).
sonar are very short pulses, occurring significantly more vocal while the pulse Some harp seals (Pagophilus
for 1–10 msec once every 1 to 15 sec, trios were being emitted than during the groenlandicus) seemed to alter their
depending on water depth. Most of the intervening quiet periods, but did not swimming patterns (exhibited
energy in the sound pulses emitted by leave the area even after several hours avoidance) when they were exposed to
this multi-beam sonar is at high of exposure to the sonar. the beam of an echosounder, nominally
frequencies, centered at 15.5 kHz. The Reactions of beaked whales near the operating at 200 kHz (Terhune, 1976);
beam is narrow (2.67°) in fore-aft extent, Bahamas to mid-frequency naval sonars that frequency is above the range of
and wide (140°) in the cross-track were summarized earlier. Following effective hearing of seals. However,
extent. Each ping consists of five extended exposure to pulses from a there was significant energy at lower
successive transmissions (segments) at variety of ships, some individuals frequencies that would be audible to a
different cross-track angles. Any given beached themselves, and others may harp seal (Richardson et al., 1995). The
mammal at depth near the trackline have abandoned the area (Balcomb and behavior of ringed (Phoca hispida) and
would be in the main beam for only one Claridge, 2001; NOAA and USN, 2001). Weddell (Leptonychotes weddelli) seals
or two of the five segments, i.e. for 1/ Pulse durations from these sonars were fitted with acoustic pingers,
5th or at most 2/5th of the 1– 10 msec. much longer than those of the LDEO transmitting at 60 to 69 kHz, did not
Navy sonars that have been linked to multi-beam sonar, and a given mammal seem to be affected by the sounds from
avoidance reactions and stranding of would probably receive many pulses. these devices. Mate (1993) described
cetaceans (1) generally are more All of these observations are of limited experiments where aperiodic 12–17 kHz
powerful than the Atlas Hydrosweep, relevance to the present situation sound pulses of varying duration were
(2) have a longer pulse duration, and (3) because exposures to multi-beam pulses effective, at source levels of 187 dB, in
are directed close to horizontally (vs. are expected to be brief as the vessel reducing harbor seal abundance near
downward for the Hydrosweep). The passes by, and the individual pulses fish hatcheries (although a few older
area of possible influence of the will be very short. seals may have habituated and foraged
Hydrosweep is much smaller (a narrow Captive bottlenose dolphins and a nearby with modified techniques such
band below the source vessel). Marine white whale exhibited changes in that they were not seen as frequently).
mammals that encounter the behavior when exposed to 1 sec pulsed For California sea lions, the same
Hydrosweep at close range are unlikely sounds at frequencies similar to those system produced a dramatic initial
to be subjected to repeated pulses that will be emitted by the multi-beam startle response but was otherwise
because of the narrow fore-aft width of sonar used by LDEO (Ridgway et al., ineffective. Mate (1993) noted that many
the beam, and will receive only limited 1997; Schlundt et al., 2000), and to marine mammals will react to moving
amounts of pulse energy because of the shorter broadband pulsed signals sound sources even if strong stationary
short pulses. (Finneran et al., 2000, 2002). Behavioral sources are tolerated. Mate also noted
changes typically involved what that, by not using swept frequencies,
Masking by Mid-Frequency Sonar appeared to be deliberate attempts to
Signals this experimental acoustic source lost
avoid the sound exposure or to avoid the illusion of motion that would have
There is little chance that marine the location of the exposure site during been simulated by Doppler-like
mammal communications will be subsequent tests (Schlundt et al., 2000;
frequency sweeps.
masked appreciably by the multibeam Finneran et al., 2002). Dolphins exposed
sonar signals given the low duty cycle to 1–sec intense tones exhibited short- In summary, cetacean behavioral
of the sonar and the brief period when term changes in behavior above received reactions to military and other sonars
an individual mammal is likely to be sound levels of 178 to 193 dB re 1 µPa appear to vary by species and
within its beam. Furthermore, in the rms and belugas did so at received circumstance. While there may be a link
case of baleen whales, the sonar signals levels of 180 to 196 dB and above. between naval sonar use and changes in
do not overlap with the predominant Received levels necessary to elicit such cetacean vocalization rates and
frequencies in the calls, which would reactions to shorter pulses were higher movements, it is unclear what impact
avoid significant masking. (Finneran et al., 2000, 2002). Test these behavioral changes (which are
animals sometimes vocalized after likely to be short-term) might have on
Behavioral Responses Resulting from exposure to pulsed, mid-frequency the animals. Data on the reactions of
Mid-Frequency Sonar Signals sound from a watergun (Finneran et al., pinnipeds to sonar sounds are lacking,
Marine mammal behavioral reactions 2002). In some instances, animals but the few reports available on their
to military and other sonars appear to exhibited aggressive behavior toward reactions to other pulsed sounds suggest
vary by species and circumstance. the test apparatus (Ridgway et al., 1997; that they too would exhibit either no, or
Sperm whales reacted to military sonar, Schlundt et al., 2000). The relevance of short-term, behavioral responses.
apparently from a submarine, by these data to free-ranging odontocetes is Therefore, as mentioned previously,
dispersing from social aggregations, uncertain. In the wild, cetaceans because simple momentary behavioral
moving away from the sound source, sometimes avoid sound sources well reactions that are within normal
remaining relatively silent and before they are exposed to the levels behavioral patterns for that species are
becoming difficult to approach (Watkins listed above, and reactions in the wild not considered to be a taking, the very
et al., 1985). Other early and generally may be more subtle than those brief exposure of cetaceans to signals
limited observations were summarized described by Ridgway et al. (1997) and from the Hydrosweep is unlikely to
in Richardson et al. (1995, p. 301ff). Schlundt et al.(2000). result in a ‘‘take’’ by harassment.

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Hearing Impairment and Other Physical (see Tables 5 and 6 in LDEO (2003)). sometimes show avoidance responses
Effects Based on this method, the ‘‘best and/or other changes in behavior when
Given recent stranding events that estimate’’ of the number of marine near operating seismic vessels.
mammals that would be exposed to Taking account of the mitigation
have been associated with the operation
of naval sonar, there is much concern ≥160 dB (rms) and thus potentially measures that are planned, effects on
taken by Level B harassment during the cetaceans are generally expected to be
that sonar noise can cause serious
proposed survey is 8,901, including limited to avoidance of the area around
impacts to marine mammals (for
animals taken by both the 10–gun and the seismic operation and short-term
discussion see Effects of Seismic
12–gun arrays. Of these, 12 animals changes in behavior, falling within the
Surveys). It is worth noting that the
would be endangered species, sperm MMPA definition of ‘‘Level B
multi-beam sonar proposed for use by
whales (11) and a single blue whale. harassment.’’ In the cases of mysticetes,
LDEO is quite different than sonars used
The species composition of cetaceans these reactions are expected to involve
for navy operations. Pulse duration of small numbers of individual cetaceans
within the species groups shown in
the multi-beam sonar is very short because few mysticetes occur in the
Tables 5 and 6 in LDEO (2003) is
relative to the naval sonars. Also, at any areas where seismic surveys are
expected to be roughly in proportion to
given location, an individual marine proposed. LDEO’s ‘‘best estimate’’ is
the densities shown for each species in
mammal would be in the beam of the that 10 Bryde’s whales, or 0.1 percent of
Table 3 in LDEO (2003). Based on those
multi-beam sonar for much less time the estimated Eastern Equatorial Bryde’s
densities, the numbers of each species
given the generally downward whale population, will be exposed to
that might be taken by Level B
orientation of the beam and its narrow harassment are shown in Table 7 in sound levels ≤160 dB re 1 µPa (rms) and
fore-aft beamwidth. (Navy sonars often LDEO (2003). potentially affected, and 1 blue whale,
use near-horizontally-directed sound.) Dolphins would account for 96 or 0.1 percent of the ‘‘endangered’’ ETP
These factors would all reduce the percent of the overall estimate for blue whale population, would receive
sound energy received from the multi- potential taking by harassment (i.e., >160 dB. Therefore, these potential
beam sonar rather drastically relative to 8,532 of 8,901). While there is no takings by Level B harassment will have
that from the sonars used by the Navy. agreement regarding any alternative a negligible impact on their populations.
Estimates of Take by Harassment for the ‘‘take’’ criterion for dolphins exposed to Larger numbers of odontocetes may be
Hess Deep Cruise airgun pulses, if only those dolphins affected by the proposed activities, but
exposed to 170 dB re 1 µPa (rms) were the population sizes of the main species
As described previously in this affected sufficiently to be considered are large and the numbers potentially
document and in the LDEO application, taken by Level B harassment, then the affected are small (<0.1 percent) relative
animals subjected to sound levels above best estimate for dolphins would be to the population sizes. The total
160 dB may alter their behavior or 3,076 rather than 8,532. This is based on number of odontocetes that might be
distribution, and therefore might be the predicted 170–dB radius around the exposed to ≥160 dB re 1 µPa (rms) in the
considered to be taken by Level B 10– and 12–airgun arrays (2,330 and Hess Deep area is estimated as 8,890. Of
harassment. However, the 160 dB 2,680 m (7,644 and 7,742 ft), these, 8,532 are delphinids, and of these
criterion is based on studies of baleen respectively), and is considered to be a about 3,076 might be exposed to ≥170
whales. Odontocete hearing at low more realistic estimate of the number of dB. These figures are <0.1 percent of the
frequencies is relatively insensitive, and dolphins that may be disturbed. Eastern Equatorial populations of these
the dolphins generally appear to be Therefore, the total number of animals combined species, and the 3,076 value
more tolerant of strong sounds than are likely to react behaviorally is (based on the >170 dB criterion) is
most baleen whales. For that reason, it considerably lower than the 8,901 that believed to be a more accurate estimate
has been suggested that for purposes of LDEO has estimated in Tables 5 and 6 of the number that could potentially be
estimating incidental harassment of (LDEO, 2003). harassed under Level B.
odontocetes, a 170 dB criterion might be The many cases of apparent tolerance
appropriate. Conclusions—Effects on Cetaceans by cetaceans of seismic exploration,
Based on summer marine mammal Strong avoidance reactions by several vessel traffic, and some other human
survey data collected by NMFS and species of mysticetes to seismic vessels activities show that co-existence is
density calculations by Ferguson and have been observed at ranges up to 6 to possible. Mitigation measures such as
Barlow (2001), LDEO used their average 8 km and occasionally as far as 20–30 controlled speed, look-outs, non-
marine mammal density to compute a km from the source vessel. Some pursuit, ramp-ups, avoidance of start-
‘‘best estimate’’ of the number of marine bowhead whales avoided waters within ups during periods of darkness when
mammals that may be exposed to 30 km of the seismic operation. possible, and shut-down when within
seismic sounds ≥160 dB re 1µPa (rms). However, reactions at such long defined ranges (See Mitigation) should
The average densities were then distances appear to be atypical of other further reduce short-term reactions to
multiplied by the proposed survey effort species of mysticetes, and even for disturbance, and minimize any effects
(912 and 189 km for the 10–gun and 12– bowheads may only apply during on hearing sensitivity.
gun array, respectively) and twice the migration.
160 dB radius from the source vessel Odontocete reactions to seismic Conclusions—Effects on Pinnipeds
(the 160 dB radius was 6.5 and 7.25 km pulses, or at least those of dolphins, are Very few if any pinnipeds are
for the 10–gun and 12–gun array, expected to extend to lesser distances expected to be encountered in the Hess
respectively) to estimate the ‘‘best than are those of mysticetes. Odontocete Deep area. Thus a maximum of 20
estimate’’ of the numbers of animals that low-frequency hearing is less sensitive pinnipeds in the Hess Deep area may be
might be exposed to sound levels ≥160 than that of mysticetes, and dolphins affected by the proposed seismic
dB re 1µPa (rms) during the proposed are often seen from seismic vessels. In surveys. If pinnipeds are encountered,
seismic survey program. Separate fact, there are documented instances of the proposed seismic activities would
estimates were made for the 10–gun and dolphins approaching active seismic have, at most, a short-termed effect on
12–gun arrays because the 160 dB vessels. However, dolphins as well as their behavior and no long-term impacts
radius was different for the two arrays some other types of odontocetes on individual seals or their populations.

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Responses of pinnipeds to acoustic stated nominal source level. Also, the conservative safety radii will be used
disturbance are variable, but usually use of the 10– or 12–gun array of 3,005 during the proposed Hess Deep seismic
quite limited. Effects are expected to be or 3,721 in3 rather than the largest surveys. Conservative radii will be 1.5
limited to short-term and localized airgun array that the LDEO’s source times the distances indicated for the 10-
behavioral changes falling within the vessel can deploy (20 airguns totaling and 12–airgun arrays to be used in the
MMPA definition of Level B almost 8600 in3) is another significant Hess Deep area. Thus, during the Hess
harassment. mitigation measure. Deep cruise the proposed conservative
safety radii for cetaceans are 1,245 and
Mitigation Marine Mammal Monitoring
1,320 m (4,085 and 4,331 ft), for the 10–
For the proposed seismic operations Vessel-based observers will monitor and 12–gun arrays, respectively, and the
in the Hess Deep, a 12–gun array with marine mammals near the seismic proposed conservative safety radii for
a total volume of 3721 in3 and a 10–gun source vessel during all daylight airgun pinnipeds are 375 and 450 m (1,230 and
array of 3005 in3 will be used. The operations and during any nighttime 1,476 ft), respectively.
airguns comprising these arrays will be startups of the airguns. Airgun Airgun operations will be suspended
spread out horizontally, so that the operations will be suspended when immediately when cetaceans are seen
energy from the array will be directed marine mammals are observed within, within or about to enter the appropriate
mostly downward. Modeled results for or about to enter, designated safety 180–dB (rms) radius, or if pinnipeds are
the 10– and 12–gun arrays indicate zones where there is a possibility of seen within or about to enter the 190–
received levels to the 180 dB re 1 µPa significant effects on hearing or other dB (rms) radius. These 190 and 180 dB
(rms) isopleth (the criterion applicable physical effects. Vessel-based observers criteria are consistent with guidelines
to cetaceans) were 830 and 880 m (2,723 will watch for marine mammals near the listed for pinnipeds and cetaceans by
and 2,887 ft), respectively. The radii seismic vessel during daylight periods NMFS (2000) and other guidance by
around the 10– and 12–gun arrays with shooting, and for at least 30 NMFS.
where the received level would be 190 minutes prior to the planned start of
dB re 1 µPa (rms) isopleth (lines of equal airgun operations. Observers will not be Mitigation During Operations
pressure), the criterion (applicable to on duty during ongoing seismic The following mitigation measures, as
pinnipeds), were estimated as 250 and operations at night; bridge personnel well as marine mammal monitoring,
300 m (820 and 984 ft), respectively. will watch for marine mammals during will be adopted during the Hess Deep
Vessel-based observers will monitor this period and will call for the airguns seismic survey program and the acoustic
marine mammals in the vicinity of the to be shut down if marine mammals are verification program, provided that
arrays. A calibration study planned for observed in or about to enter the safety doing so will not compromise
late May and/or June 2003 in the Gulf radii. If the airguns are started up at operational safety requirements:
of Mexico is expected to determine the night, two marine mammal observers (1) Course alteration; (2) Shut-down
actual radii corresponding to each will monitor marine mammals near the procedures; and (3) Ramp-up
sound level. If the modeled radii have source vessel for 30 minutes prior to procedures.
not been verified by the time of the Hess start up using night vision devices as
Deep surveys, LDEO proposes to use 1.5 described later (see Monitoring and Course Alteration
times the 180– (cetaceans) and 190– Reporting). If a marine mammal is detected
(pinnipeds) dB radii predicted by the Two observers will be stationed on outside the safety radius and, based on
model as the safety radii until the radii the R/V Maurice Ewing during seismic its position and the relative motion, is
have been verified. Thus, during the operations in the Hess Deep area. The R/ likely to enter the safety radius,
Hess Deep cruise the proposed safety V Maurice Ewing is a suitable platform alternative ship tracks will be plotted
radii for cetaceans are 1,245 and 1,320 for marine mammal observations. The against anticipated mammal locations.
m (4,085 and 4,331 ft), respectively, for observer’s eye level will be The vessel’s direct course and/or speed
the 10– and 12–gun arrays, and the approximately 11 m (36 ft) above sea will be changed in a manner that also
proposed safety radii for pinnipeds are level when stationed on the bridge, minimizes the effect to the planned
375 and 450 m (1,230 and 1,476 ft), allowing for good visibility within a science objectives. The marine mammal
respectively. LDEO proposes to shut 210° arc for each observer. The activities and movements relative to the
down the seismic source if marine proposed monitoring plan is seismic vessel will be closely monitored
mammals are observed within the summarized later in this document. to ensure that the marine mammal does
proposed safety radii. not approach within the safety radius. If
Proposed Safety Radii
Also, LDEO proposes to use a ramp- the mammal appears likely to enter the
up procedure when commencing Received sound levels have been safey radius, further mitigative actions
operations. Ramp-up will begin with the modeled for the 10–, 12–, and 20–air will be taken, i.e., either further course
smallest gun in the array that is being gun arrays (but the 20–gun array will alterations or shutdown of the airguns.
used (80 in3 for the 10– and 12–gun not be used during the Hess Deep
Project). Based on the modeling, Shutdown Procedures
arrays), and guns will be added in a
sequence such that the source level of estimates of the 190, 180, 170, and 160 Vessel-based observers will monitor
the array will increase at a rate no dB re 1 µPa (rms) distances (safety radii) marine mammals near the seismic
greater than 6 dB per 5–minutes. for these arrays have been provided vessel during daylight and for 30
previously in this document. Acoustic minutes prior to start up during
Operational Mitigation measurements in shallow and deep darkness throughout the program.
The directional nature of the two water will be taken, in order to check Airgun operations will be suspended
alternative airgun arrays to be used in the modeled received sound levels from immediately when marine mammals are
this project is an important mitigating these arrays. This verification is observed within, or about to enter,
factor, resulting in reduced sound levels expected to occur in June 2003 in the designated safety zones where there is a
at any given horizontal distance than Gulf of Mexico. If verification of the possibility of physical effects, including
would be expected at that distance if the safety radii does not occur before the effects on hearing (based on the 180 and
source were omnidirectional with the start of the proposed program, then 190 dB criteria specified by NMFS). The

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17919

shutdown procedure should be shooting and during ramp-up to shut down the airguns at times when
accomplished within several seconds or procedures. The 30–minute observation mammals are present in or near the
one shot period of the determination period is only required prior to safety zone. When a mammal sighting is
that a marine mammal is within or commencing seismic operations made, the following information about
about to enter the safety zone. Airgun following an extended shut down the sighting will be recorded: (1)
operations will not resume until the period. Species, group size, age/size/sex
marine mammal is outside the safety If ramp-up procedures must be categories (if determinable), behavior
radius. Once the safety zone is clear of performed at night, two observers will when first sighted and after initial
marine mammals, the observer will be on duty 30 minutes prior to the start sighting, heading (if consistent), bearing
advise that seismic surveys can re- of seismic shooting and during the and distance from seismic vessel,
commence. The ‘‘ramp-up’’ procedure subsequent ramp-up procedures. sighting cue, apparent reaction to
will then be followed. Otherwise, no observers will be on duty seismic vessel (e.g., none, avoidance,
during seismic operations at night. approach, paralleling, etc.), and
Ramp-up Procedure However, LDEO bridge personnel (port behavioral pace; and (2) Time, location,
A ‘‘ramp-up’’ procedure will be and starboard seamen and one mate) heading, speed, activity of the vessel
followed when the airgun arrays begin will assist in marine mammal (shooting or not), sea state, visibility,
operating after a specified-duration observations whenever possible, and cloud cover, and sun glare. The data
period without airgun operations. Under especially during operations at night, listed under (2) will also be recorded at
normal operational conditions (vessel when designated marine mammal the start and end of each observation
speed 4–5 knots), a ramp-up would be observers will not normally be on duty. watch and during a watch, whenever
required after a ‘‘no shooting’’ period A marine mammal observer will be on there is a change in one or more of the
lasting 2 minutes or longer. At 4 knots, ‘‘standby’’ at night, in case bridge variables.
the source vessel would travel 247 m personnel see a marine mammal. An All mammal observations and airgun
(810 ft) during a 2–minute period. If the image-intensifier night-vision device shutdowns will be recorded in a
towing speed is reduced to 3 knots or (NVD) will be available for use at night, standardized format. Data will be
less, as sometimes required when although past experience has shown entered into a custom database using a
maneuvering in shallow water (not a that NVDs are of limited value for this laptop computer when observers are off-
factor in Hess Deep), it is proposed that purpose. duty. The accuracy of the data entry will
a ramp-up would be required after a ‘‘no The observer(s) will watch for marine be verified by computerized validity
shooting’’ period lasting 3 minutes or mammals from the bridge, the highest data checks as the data are entered and
longer. At towing speeds not exceeding practical vantage point on the vessel. by subsequent manual checking of the
3 knots, the source vessel would travel The observer’s eye level will be database. These procedures will allow
no more than 277 m (909 ft) in 3 approximately 11 m (36 ft) above see initial summaries of data to be prepared
minutes. These guidelines would level when stationed on the bridge, during and shortly after the field
require modification if the normal shot allowing for good visibility within a program, and will facilitate transfer of
interval were more than 2 or 3 min, 210° arc. The observer(s) will the data to statistical, graphical or other
respectively, but that is not expected to systematically scan the area around the programs for further processing and
occur during the Hess Deep project. vessel with 7 X 50 Fujinon reticle archiving.
Ramp-up will begin with the smallest binoculars or with the naked eye during At least one experienced marine
gun in the array that is being used (80 the daytime. At night, night vision mammal observer will be on duty
in3 for the 10– and 12–gun arrays). Guns equipment will be available (ITT F500 aboard the seismic vessel. During
will be added in a sequence such that Series Generation 3 binocular image seismic operations in the Hess Deep
the source level of the array will intensifier or equivalent), if required. area, two observers, including one
increase in steps not exceeding 6 dB per Laser rangefinding binoculars (Bushnell qualified contract biologist and one
5–minute period over a total duration of Lytespeed 800 laser rangefinder with 4 observer appointed by LDEO, will be
approximately 18–20 min (10–12 gun optics or equivalent) will be available to based aboard the vessel. Observers
arrays). assist with distance estimation. If a appointed by LDEO will complete a
marine mammal is seen well outside the one-day training/refresher course on
Monitoring and Reporting safety radius, the vessel may be marine mammal monitoring procedures,
LDEO proposes to conduct marine maneuvered to avoid having the given by a contract employee
mammal monitoring of its 2003 seismic mammal come within the safety radius experienced in vessel-based seismic
program in the Hess Deep and (see Mitigation). When mammals are monitoring projects.
acoustical verification of safety radii, in detected within or about to enter the Observers will be on duty in shifts of
order to satisfy the anticipated designated safety radii, the airguns will duration no longer than 4 hours. The
requirements of the IHA. be shut down immediately. The second observer will also be on watch
observer(s) will continue to maintain part of the time, including the 30
Vessel-based Visual Monitoring watch to determine when the animal is minute periods preceding startup of the
Two observers dedicated to marine outside the safety radius. Airgun airguns and during ramp ups. Use of
mammal observations will be stationed operations will not resume until the two simultaneous observers will
aboard LDEO’s seismic survey vessel for animal is outside the safety radius. increase the proportion of the marine
the seismic survey in the Hess Deep The vessel-based monitoring will mammals present near the source vessel
area. It is proposed that one or both provide data required to estimate the that are detected. Bridge personnel
marine mammal observers aboard the numbers of marine mammals exposed to additional to the dedicated marine
seismic vessel will search for and various received sound levels, to mammal observers will also assist in
observe marine mammals whenever document any apparent disturbance detecting marine mammals and
seismic operations are in progress reactions, and thus to estimate the implementing mitigation requirements,
during daylight hours. When feasible, numbers of mammals potentially taken and before the start of the seismic
two observers will be on duty for at least by Level B harassment. It will also survey will be given instruction in how
30 minutes prior to the start of seismic provide the information needed in order to do so.

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17920 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Results from the vessel-based measurement data, marine mammal have an unmitigable adverse impact on
observations will provide (1) The basis sightings (dates, times, locations, the availability of stocks for subsistence
for real-time mitigation (airgun activities, associated seismic survey uses.
shutdown); (2) Information needed to activities), and estimates of the amount
Information Solicited
estimate the number of marine and nature of potential ‘‘take’’ of marine
mammals potentially taken by mammals by harassment or in other NMFS requests interested persons to
harassment, which must be reported to ways. submit comments and information
NMFS; (3) Data on the occurrence, concerning this request (see ADDRESSES).
distribution, and activities of marine Endangered Species Act (ESA)
Dated: April 7, 2003.
mammals in the area where the seismic Under section 7 of the ESA, NMFS Laurie K. Allen,
study is conducted; (4) Information to has begun consultation on the proposed Acting Director, Office of Protected Resources,
compare the distance and distribution of issuance of an IHA under section National Marine Fisheries Service.
marine mammals relative to the source 101(a)(5)(D) of the MMPA for this [FR Doc. 03–9057 Filed 4–11–03; 8:45 am]
vessel at times with and without seismic activity. Consultation will be concluded
BILLING CODE 3510–22–S
activity; and (5) Data on the behavior prior to the issuance of an IHA.
and movement patterns of marine
National Environmental Policy Act
mammals seen at times with and DEPARTMENT OF COMMERCE
(NEPA)
without seismic activity.
The NSF has prepared an EA for the National Oceanic and Atmospheric
Acoustical Measurements Hess Deep survey. NMFS is reviewing Administration
The acoustic measurement program is this EA and will either adopt it or
designed to verify the safety radii that prepare its own NEPA document before [I.D. 032502D]
will be used to determine when the air making a determination on the issuance Notice of Availability of Final Stock
guns will be shut down to prevent of an IHA. A copy of the NSF EA for this Assessment Reports
marine mammals from being exposed to activity is available upon request (see
seismic sounds 180 (cetaceans) or 190 ADDRESSES). AGENCY: National Marine Fisheries
dB re 1µPa (rms) (pinnipeds)(see Service (NMFS), National Oceanic and
Mitigation). It will also provide the Preliminary Conclusions Atmospheric Administration (NOAA),
specific acoustic data needed to NMFS has preliminarily determined Commerce.
document the seismic sounds to which that the short-term impact of conducting ACTION: Notice of completion and
marine mammals are exposed at various a seismic survey program in the Hess availability of final marine mammal
distances from the seismic source, as Deep portion of the Eastern Equatorial stock assessment reports; response to
necessary to improve the estimates of Pacific Ocean will result, at worst, in a comments.
potential take by harassment and to temporary modification in behavior by
interpret the observations of marine certain species of marine mammals. SUMMARY: NMFS has incorporated
mammal distribution, behavior, and While behavioral modifications may be public comments into revisions of
headings. It appears most likely that made by these species as a result of marine mammal stock assessment
acoustical measurements will be seismic survey activities, this behavioral reports (SARs). The 2002 final SARs are
conducted in the Gulf of Mexico during change is expected to result in no more now complete and available to the
June when LDEO’s vessel will be in that than a negligible impact on the affected public.
area for other purposes. Acoustic species. ADDRESSES: Send requests for printed
studies will obtain data on While the number of potential copies of reports to: Chief, Marine
characteristics of the seismic survey incidental harassment takes will depend Mammal Conservation Division, Office
sounds as a function of distance in deep on the distribution and abundance of of Protected Resources, National Marine
and shallow water. marine mammals in the vicinity of the Fisheries Service, 1315 East-West
Additional details about the methods, survey activity, the number of potential Highway, Silver Spring, MD 20910–
timing and location of the acoustical harassment takings is estimated to be 3226, Attn: Stock Assessments.
verification study are provided in the small. In addition, no take by injury Copies of the Alaska Regional SARs
LDEO application; additional and/or death is anticipated, and the may be requested from Robyn Angliss,
information on monitoring will be potential for temporary or permanent Alaska Fisheries Science Center (F/
provided by LDEO in an addendum to hearing impairment is low and will be AKC), NMFS, 7600 Sand Point Way, NE
its application as plans for this effort avoided through the incorporation of BIN 15700, Seattle, WA 98115–0070, e-
become more specific. That addendum the mitigation measures mentioned in mail Robyn.Angliss@noaa.gov.
will address the marine mammals that this document. Copies of the Atlantic and Gulf of
might be exposed to airgun sounds Mexico Regional SARs may be
during the verification study. Proposed Authorization requested from Janeen Quintal,
A report will be submitted to NMFS NMFS proposes to issue an IHA to Northeast Fisheries Science Center, 166
within 90 days after the end of the LDEO for conducting a seismic survey Water St., Woods Hole, MA 02543, e-
seismic program in the Hess Deep area. program in the Hess Deep portion of the mail Janeen.Quintal@noaa.gov or Steven
The end of the Hess Deep program is Eastern Equatorial Pacific Ocean, Swartz, Southeast Fisheries Science
predicted to occur on or about July 28, provided the previously mentioned Center, 75 Virginia Beach Dr., Miami,
2003. The report will cover the seismic mitigation, monitoring, and reporting FL 33149, e-mail
surveys in the Hess Deep area and will requirements are incorporated. NMFS Steven.Swartz@noaa.gov.
be submitted to NMFS, providing full has preliminarily determined that the Copies of the Pacific Regional SARs
documentation of methods, results, and proposed activity would result in the may be requested from Cathy Campbell,
interpretation pertaining to all harassment of only small numbers of Southwest Regional Office (F/SWO3),
monitoring tasks. The 90–day report marine mammals; would have no more NMFS, 501 West Ocean Boulevard,
will summarize the dates and locations than a negligible impact on the affected Long Beach, CA 90802–4213, e-mail
of seismic operations, sound marine mammal stocks; and would not Cathy.E.Campbell@noaa.gov.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17921

FOR FURTHER INFORMATION CONTACT: Tom were appended to NMFS’ final 2002 Comment 2: Requiring confirmation
Eagle, Office of Protected Resources, SARs. These reports were included so of human-caused effects to assess
301–713–2322, e-mail that interested constituents would have serious injuries and mortalities is
Tom.Eagle@noaa.gov; Robyn Angliss reports for all regional stocks in a single contrary to the precautionary approach
206–526–4032, regarding Alaska document. and incorporates several sources of
regional stock assessments; Janeen negative bias; thus, it may not represent
Comments and Responses
Quintal, 508–495–2252, regarding the best scientific information available.
Northwest Atlantic regional stock NMFS received two letters, one from NMFS should report all injuries that
assessments; Steven Swartz, 305–361– the National Wildlife Federation and the could be serious and provide the
4487, regarding Mid-Atlantic and Gulf other from the Marine Mammal rationale for discounting them in
of Mexico regional stock assessments; or Commission (MMC) which contained mortality estimates. An alternative
Cathy Campbell, 562–980–4020, comments on the draft 2002 SARs. The approach, which was recommended in
regarding Pacific regional stock comments and responses below are NMFS’s 1997 workshop on
assessments. separated according to the regional differentiating serious and non-serious
scope of the comments. Many of the injuries would be to prorate cases where
SUPPLEMENTARY INFORMATION: comments on specific SARs addressed seriousness could not be determined
Electronic Access minor editorial points for clarification. using data from cases where such
Most of these comments were included determination could be made. These
All stock assessment reports and the into the final reports or will be included approaches would provide a more
guidelines for preparing them are in future reports and are not included in realistic view of the uncertainty
available via the Internet at http:// the following segment of this document. associated with the potential effects of
www.nmfs.noaa.gov/protlres/PR2/
Comments on National Issues fishing and other human activities.
StocklAssessmentlProgram/ Response: NMFS realizes that
sars.html. Comment 1: Combining species requiring evidence that human factors
Background groups is inconsistent with Sections 117 were, indeed, related to deaths of
and 3(11) of the MMPA. Also, species marine mammals could result in an
Section 117 of the Marine Mammal with lower abundance, slower growth underestimate of such mortality and
Protection Act (MMPA) (16 U.S.C. 1361 rates, and higher interaction (mortality may not be the most precautionary
et seq.) requires NMFS and the U.S. Fish and serious injury) rates may be more assessment of human-caused mortality.
and Wildlife Service (FWS) to prepare vulnerable to fisheries and other human Most cases where we require such
stock assessments for each stock of activities, and the risk to those species confirmation are those mortalities
marine mammals that occurs in waters may be increased when analyses are identified from stranded carcasses.
under the jurisdiction of the United conducted on species groups. These stranding records provide only
States. These reports must, among other Response: NMFS concurs that some minimum estimates of mortality, and
things, contain information regarding populations or species may be more the value of such data is related more to
the distribution and abundance of the vulnerable to human-caused mortality illustrating where quantitative data are
stock, population growth rates and than others; however, NMFS disagrees needed rather than as substitutes for
trends, estimates of annual human- that stock assessment reports describing more reliable estimates. NMFS will
caused mortality and serious injury groups of populations or stocks are continue using the summary approach
from all sources, descriptions of the necessarily inconsistent with the in the SARs to realize the benefit of
fisheries with which the stock interacts, MMPA. The MMPA states that stock short documents that describe the status
and the status of the stock. Initial assessment reports must be based upon of each stock of marine mammal.
reports were completed in 1995. the best scientific information available. Longer-more detailed discussion of this
The MMPA requires NMFS and FWS In many cases, the best available summary information will be contained
to review the SARs at least annually for information is limited to species groups. in supporting reports and data, and this
strategic stocks and stocks for which For example, in its initial SARs, NMFS supporting information will continue to
significant new information is available reported on each species of beaked be cited in the reference section of each
and at least once every 3 years for non- whale in a separate report, and most report.
strategic stocks. NMFS and the FWS are reports indicated that the species- Comment 3: The SARs are
required to revise a SAR if the status of specific abundance and mortality inconsistent in their use of observer
the stock has changed or can be more estimates used in management decisions data. For example, an observed
accurately determined. were unknown. Thus, the species- mortality of one humpback whale as a
Draft 2002 SARs were made available specific reports were not informative. result of a fishery interaction in the
for a 90–day public review and As a result, NMFS, in consultation with Pacific was not used as a basis for
comment period on April 19, 2002 (67 the SRGs, prepared subsequent reports extrapolation because observer coverage
FR 19417). Prior to their release for for beaked whales and some other was less than one percent; however,
public review and comment, NMFS stocks as grouped reports. The observer coverage of less than one
subjected the draft reports to internal information in these grouped reports percent is extrapolated for several
technical review and to scientific review must be interpreted with caution to Atlantic fisheries that appear to take
by regional Scientific Review Groups avoid the conservation issues identified large numbers of marine mammals.
(SRGs) established under the MMPA. in this comment. When the Also, the use of estimates based upon
Following the close of the comment methodologies to obtain data supporting low levels of observer coverage and the
period, NMFS revised the reports as stock-specific reports are available and use of a 5–year average fail to inspire
needed to prepare final 2002 SARs. sufficient data are collected, NMFS will confidence in the resulting estimates
Printed copies may be obtained by use these methods to collect and and are not sufficiently reliable to assess
request (see ADDRESSES). analyze the appropriate information to the efficacy of take reduction measures.
The FWS updated the most recent prepare separate reports on each stock Response: In the case of the Central
versions of the SARs for polar bears, sea of beaked whale and other marine North Pacific stock of Humpback
otters, walrus, and manatees and they mammals where grouped data are used. whales, the observed take was not used

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17922 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

because it was more than 5 years old, Alaska Regional SARs These counts indicate that no major
not because only one mortality was Comment 6: The SAR for the western changes in abundance have occurred;
observed. If the single observed take had stock of Steller sea lions includes thus, the use of the older estimate is
been no more than 5 years old, the fishery-specific mean annual mortality consistent with SAR guidelines. The
observed take would have been levels that are more than a decade old. SAR for this stock will next be reviewed
extrapolated to a mortality estimate. The report should either explain why in 2004; at that time, NMFS will revisit
Thus, both reports are consistent with such data are considered reliable whether using this information for
existing guidelines. indicators of current take levels or abundance is still appropriate.
Uncertainty in mortality estimates Comment 9: The SAR for the Chukchi
remove the data from the table.
due to low levels of observer coverage Sea stock of beluga whales does not
Response: NMFS agrees that some
does, indeed, make it difficult to assess provide sufficient information to
estimates of fishery-specific incidental
the efficacy of take reduction measures. distinguish between two alternative
mortality are quite old. Removing the
However, low levels of observer hypotheses: (1) There have been no
data from the table would result in an
coverage are primarily a result of budget takes of beluga whales as a result of
apparent decrease in take level, which
limitations. NMFS considers monitoring gillnet and personal-use fisheries and
could lead the reader to conclude that
in fisheries with an existing take (2) there have been takes but they have
mortalities have not occurred incidental
reduction plan or in fisheries for which not been reported. The conclusion
take reduction plans are being to these fisheries. Thus, because these drawn is consistent with the first
developed as its highest priorities. take levels constitute the best available hypothesis, but the basis for
These priorities are consistent with information on the level of incidental distinguishing between these
priorities for observer coverage provided mortality in these fisheries, the data will hypotheses is not clear and should be
in the MMPA. NMFS gives priority to be retained in the table. explained.
monitoring incidental takes and Comment 7: It is not clear why harbor Response: The only data available to
development and implementation of seal stock structure designations in distinguish between these two
take reduction plans for commercial Alaska have not yet been changed. The hypotheses are contained in injury
fisheries that have incidental mortality genetics studies that are providing the reports. No injuries (including
and serious injury of strategic stocks of basis for the revision were initiated 4 to mortalities) have been reported;
marine mammals. Unfortunately, due to 5 years ago, and the studies have since therefore, the best available data support
insufficient funding, NMFS will provided the best available scientific the hypothesis that no mortality
continue to have some fisheries for information upon which to base a incidental to the personal-use fisheries
which incidental mortality estimates are revision of stocks. NMFS has been fully has occurred. Most beluga whales taken
highly uncertain due to low levels of informed of the results and should have in personal-use fisheries are used for
observer coverage. anticipated the possibility that they subsistence purposes and are reported
Comment 4: The Atlantic and Gulf of would indicate a more complex stock as subsistence takes through the Alaska
Mexico SAR does not adhere to the structure than was recognized in the Beluga Whale Committee; thus, the
requirements of the MMPA regarding past. The need for a stock-specific estimate of total human-caused
inclusion of descriptive data on management program seems clear based mortality is not significantly affected.
fisheries that interact with marine on significant harbor seal declines in a Comment 10: The SAR for the Cook
mammals. number of locations in Alaska. Inlet stock of beluga whales indicates
Response: The individual Atlantic Response: NMFS is evaluating the that there were no indications that the
and Gulf of Mexico SARs contain stock structure of harbor seals in Alaska large stranding events from 1996–1999
summary data for fisheries that interact through a process that includes resulted from human interactions.
with marine mammals. In addition a discussions with the Alaska Native However, the information provided in
new table (Appendix I) has been added Harbor Seal Commission under a co- the SAR does not indicate the nature
to the 2002 report, which provides the management agreement. NMFS and the and extent of efforts to determine the
required information in summary form. Harbor Seal Commission have discussed cause, so the reader cannot distinguish
Presenting the fishery descriptions in a the available scientific information, and between (1) the events were unrelated to
single table avoids unnecessary the next steps include compiling and human activities and (2) the events were
duplication in the descriptions of incorporating Alaska Natives’ related to human activities but the
fisheries where the same fishery knowledge into a recommended relationship was not evaluated or
interacts with several stocks of marine population structure. detected. Essentially, it is not clear that
mammals. Comment 8: The SAR for the eastern the causes of the stranding events could
Comment 5: Data standards need to be Chukchi Sea stock of beluga whales be determined, and if this is the case,
established to set the level of observer includes an estimate of 3,710 whales the SAR should state as much.
coverage for each fishery, particularly which is now based on data that are Response: The exact cause of the
Atlantic trawl fisheries. The more than 8 years old. This estimate stranding cannot be determined.
development and implementation of should be treated as outdated unless Stranding records and a knowledge of
data standards should provide evidence can be provided that it is still the dynamics of Cook Inlet (e.g., tidal
assurance that the effect of fisheries and a valid estimate. changes) indicate that human factors
other human activities are being Response: NMFS agrees that the were not responsible for the mass
assessed reliably. estimate of 3,710 obtained from surveys strandings.
Response: NMFS concurs that the conducted in 1989–91 would generally Comment 11: The SAR for the Cook
level of observer coverage in Atlantic be considered outdated. However, the Inlet stock of beluga includes a
trawl fisheries has been insufficient to maximum count from surveys in 1998 statement in the section entitled
obtain reliable bycatch estimates. (1,172 animals) is very similar to the ‘‘Habitat Concerns’’ that there is no
However, using data standards to set maximum count during the summers of indication that municipal, commercial,
observer levels is not likely to alleviate 1989–91 (- 1,200 animals). In addition, and industrial activities have had a
this problem because observer coverage both counts are similar to those quantifiable adverse impact on the
is limited by available funding. conducted in the summer of 1979. beluga whale population. The absence

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17923

of evidence in support of a particular harbor porpoise, the level of coverage Response: There is not necessarily an
hypothesis is not necessarily evidence should be provided. inconsistency simply because the SAR
that the hypothesis is false if a rigorous, Response: The SARs for harbor states no habitat concerns concurrently
powerful investigation has not been porpoise were not updated in 2002. with NMFS receiving a petition to
conducted. These SARs will be updated in 2003 designate critical habitat. Although
Response: Specific investigations and information on the range of petitioners expressed a concern that
have not been carried out to determine observer coverage will be provided at commercial fishing vessels may disturb
whether municipal, commercial, and that time. whales by generating excessive noise,
industrial activities have had a Comment 15: It is not clear how preliminary results of studies conducted
quantifiable adverse impact on the estimated mortality rates were on North Atlantic right whales indicate
bowhead whale population. However, a calculated from observed mortality rates the whales have not changed their
review of the available information in the SARs for Dall’s porpoise. For distribution or behavior in response to
indicated that the observed population example, observed mortality in 1990 vessel noise. It is premature to list
decline could be explained solely by was 6, and at the 74 percent coverage, vessel disturbance as a ‘‘concern’’ in the
subsistence harvest levels. Further, a the estimated mortality should have SAR until the impacts of vessel noise on
review of available information on Cook been 8. behavior or distribution is better
Inlet beluga whales and their habitat did Response: The estimated mortality understood.
not provide any indication that rates cannot be calculated directly by
activities other than the harvest were multiplying the observer coverage by Atlantic Regional SARs
resulting in population-level effects. the observed mortality for the Bering Comment 18: The section of the
Comment 12: The SAR for eastern Sea/Aleutian Islands groundfish trawl Western North Atlantic right whale SAR
North Pacific northern resident killer fishery. The overall estimated mortality related to net productivity rates states
whale states that a population increases rates, which are provided in the SAR, that no population growth rate can be
at the maximum growth rate only when were calculated by multiplying the used because the population is in
the population is at extremely low observer coverage in each fishery decline.
levels; thus, the estimate of 2.92 percent management zone by the observed Response: NMFS changed the PBR of
is not a reliable estimate of Rmax. While mortality rates in each zone and this stock of right whales to 0.0 in the
this statement may be generally true, or summing the estimated mortality levels 2000 revision of the SARs. At that time,
at least is consistent with density- per zone. The level of observer coverage it was estimated that the stock was not
dependence theory, it is not necessarily reflected in the table is the average over likely to recover to its Optimum
always the case, particularly for K- all the zones. Thus, if the observer Sustainable Population levels if there
selected species in fluctuating coverage in one area is very high, the was any recurring human-caused
environments (e.g., where life history or estimated mortality level will be only mortality. Because the population
vital rates are limited by biological slightly higher than the observed remains small and critically
rather than ecological factors). In these mortality level, as was the case in 1990. endangered, NMFS continues to hold
cases, growth rates could approximate Comment 16: The population size and that position. Therefore, whether or not
Rmax at intermediate population levels. minimum population abundance there is a value that could be reported
Response: NMFS agrees that estimates for the central North Pacific for the maximum net productivity rate,
population growth rates could humpback whale are both based on data NMFS maintains that the PBR for the
approximate Rmax at intermediate from 1991–1993 and are, therefore, out stock is 0.0 and that this estimate is
population levels. However, the of date. consistent with the definition of PBR.
generalized logistic model is the best Response: In 2002, NMFS convened a Comment 19: The population estimate
available scientific information in this small workshop to begin the for the Western North Atlantic stock of
case. Under the logistic model, Rmax development of a new estimate for a blue whales is at least 15 years old,
occurs only when population levels are portion of this stock, and preliminary therefore, cannot be assumed to be a
low. information will be available to include reliable, current estimate.
Comment 13: The AT1 group of in the draft SAR for 2003. Because the Response: NMFS agrees, and a blue
transient killer whales is a discrete unit estimate based on the 1991–1993 whale PBR has not been calculated in
and should be a stock separate from the information is the best available for this the final report.
North Pacific transient killer whale stock, it will be retained until a new Comment 20: SARs should not be
stock. estimate is available. limited to records of mortality and
Response: This comment was Comment 17: The SAR for the North serious injury that occur only in the
subsequently attached to a petition Pacific right whale states that there are U.S. Exclusive Economic Zone (EEZ).
submitted to NMFS pursuant to section no known habitat issues for this stock Similar to other species reports, all
115 of the MMPA requesting that the and also indicates that the NMFS has human caused mortality of Western
AT1 group of killer whales be been petitioned to designate critical North Atlantic blue whales should be
recognized as a separate stock and habitat for this species. These two included in the report.
designated as depleted. NMFS is statements seem inconsistent. More Response: NMFS does not have
currently evaluating the petition and importantly, a concern leading to the mortality data on Western North
will respond as required by the MMPA. petition seems to have been ignored. Atlantic blue whales outside U.S. waters
If stock structure of transient killer The only recent observations of right and is not aware of incidents of human-
whales in Alaska is modified as a result whales have occurred in an area where caused deaths or serious injury on this
of this evaluation, NMFS will modify much commercial fishing occurs. If population.
the SARs accordingly. whales are disturbed by fishing Comment 21: The ‘‘Fishery
Comment 14: The range of observer activities, their use of potentially Interaction’’ section of the SAR for
coverage is not provided in Table 22 of important habitat may be precluded by common dolphins (Western North
the Gulf of Alaska harbor porpoise SAR. the presence of fishing vessels and Atlantic stock) describes a pelagic
Although there is almost no observer fishing operations that generate longline fishery, but the level of take is
coverage for gillnet fisheries that take extensive noise. not provided in the text or in Table 2.

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17924 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Response: Although 16 common Response: The role of biotoxins, such SRG in late summer and fall of 2003
dolphins were killed incidental to the as ciguatoxin, in mortality of monk seals prior to public review and comment.
pelagic longline fishery between 1990– remains speculative. Any number of Comment 27: In Table 1 of the
2000, no animals were killed or other factors could also be hypothesized Fisheries Information section for harbor
seriously injured during the 5–year to cause mortality to monk seals, but are porpoise (Oregon/Washington coastal
period (1996–2000). Therefore, the data not listed because they are not stock), estimates of mean annual take
were not included in Table 2. confirmed. As relevant information have not been included even though
becomes available, NMFS will include a estimated mortality levels are included
Pacific Regional SARs and, in most cases, are not zero.
summary of this information in the
Comment 22: For Hawaiian monk SARs, including the effects of biotoxins Although the observed mortality was
seals, the pattern of residuals in the on monk seals. recorded during experiments with
graph showing mean number of non- Comment 25: In the Fisheries pingers, it is not clear why the resulting
pups by year suggests that the fitted Information section, there was take levels are not carried over into the
model may be too linear, and other confusion over the total number of sets final column.
models should be investigated to and hooks fished in Hawaiian waters. Response: The mean annual take is
provide a better fit. The title for the Y- Response: Two sets of values were included in Table 1 and is calculated as
axis overlaps the units of measurement presented: one for Hawaii-based vessels the average of the most recent 5 years
and is difficult to read. and another for vessels landing on the of mortality estimates. The mean annual
Response: NMFS is currently U.S. west coast (excluding Alaska and take of 9 (CV=0.62) harbor porpoise,
investigating other analyses to interpret Hawaii). The reported value of 20.2 calculated for the northern Washington
the data more precisely. However, the million hooks fished in 2000 refers to marine set gillnet fishery in 1996–2000,
slope of the current model provides an Hawaiian-based vessels, which includes mortality estimates for two of
average rate of population decline corresponds to approximately 12,000 the years (1996 and 1997) in which
during the entire period covered in the fishing trips, or 1,700 hooks per set. The acoustic alarm experiments were
graph. cited value of 285 sets in year 2000 conducted in this fishery.
Comment 23: Data for population size refers to boats landing on the Dated: April 7, 2003.
of Hawaiian Monk Seals in 2001 are continental U.S. west coast. Information Laurie K. Allen,
available, and it would be useful to on the number of Hawaiian-based sets
include them in the discussion and the Acting Director, Office of Protected Resources,
will be clarified in the final stock National Marine Fisheries Service.
graph. assessment.
Response: Although the data for 2001 [FR Doc. 03–9058 Filed 4–11–03; 8:45 am]
Comment 26: The commenter noted
are currently available, the estimates that the abundance of false killer whales BILLING CODE 3510–22–S
resulting from these data were not in regions yet unsurveyed is unknown,
completed and reviewed prior to nor has their presence been established
completion of the 2002 draft SARs. The DEPARTMENT OF COMMERCE
in the Northwestern Hawaiian Islands.
new estimates will be included in future The commenter also suggested that it National Oceanic and Atmospheric
drafts for public review and comment. might be more accurate to state that Administration
Comment 24: In the fourth paragraph current estimates are negatively biased,
in the Hawaiian monk seal section and with the extent of the potential bias [I.D. 040903A]
in the section on Other Mortality, being unknown.
references to biotoxins (e.g., Response: The abundance of Gulf of Mexico Fishery Management
ciguatoxins) have been removed. Hawaiian false killer whales outside of Council; Public Meeting
Although mortality due to biotoxins has previously surveyed areas is unknown, AGENCY: National Marine Fisheries
not been confirmed, it has long been a but their presence has been documented Service (NMFS), National Oceanic and
matter of concern stemming largely from through longline fishery interactions. Atmospheric Administration (NOAA),
(1) the 1978 mass mortality of seals at Given even a low density of animals Commerce.
Laysan Island, which may have resulted outside previously surveyed areas and ACTION: Notice of public meeting.
from ciguatoxins, and (2) observations the large expanse of the study area, new
that monk seals consumed fish that population estimates are likely to SUMMARY: The Gulf of Mexico Fishery
were discarded during bottomfish exceed the currently published estimate Management Council will convene a
operations because those fish are known by an unknown amount. Thus the joint public meeting via conference call
to contain potentially high levels of current aerial survey estimate represents of the Reef Fish Advisory Panel (AP)
biotoxins (i.e., were not considered fit an underestimate, owing to a lack of and Reef Fish Scientific and Statistical
for human consumption). The lack of survey coverage throughout the stock’s Committee (SSC).
confirmation that biotoxins do, in fact, range. Current abundance estimates are DATES: The meeting will be via
cause mortality could indicate they do also negatively-biased because conference call on April 28, 2003
not, but it could also indicate that correction factors for the proportion of beginning at 10 a.m. EDT.
methods for detection or monitoring of animals missed by the survey aircraft ADDRESSES: Listening stations will be
such mortality are inadequate. In view due to diving (availability bias) and available at the following locations:
of the fact that the potential threat posed poor searching conditions (perception 1. NMFS Southeast Regional Office,
to monk seals by biotoxins cannot be bias) are not available. A research cruise 9721 Executive Center Drive, North, St.
reliably characterized and concerns conducted in summer and autumn 2002 Petersburg, FL 33702, Contact: Larry
about such threats appear to be justified in the Hawaiian EEZ is expected to Kelley at 727–570–5301;
on the basis of the existing information provide reliable estimates of abundance 2. NMFS Panama City Laboratory,
on monk seals (as well as information of false killer whales throughout the 3500 Delwood Beach Road, Panama
on biotoxin effects on other marine Hawaiian EEZ. Revised abundances City, FL, Contact: Gary Fitzhugh at 850–
mammal species), this potential source estimates for Hawaiian cetaceans are 234–6541, extension 214.
of mortality should be described in the expected to appear in the 2004 SARs, Council address: Gulf of Mexico
report. which will be reviewed by the Pacific Fishery Management Council, 3018 U.S.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17925

Highway 301 North, Suite 1000, Tampa, Council (see ADDRESSES) by April 21, FOR FURTHER INFORMATION CONTACT: Paul
FL 33619. 2003. H. Jones, Fishery Policy Analyst, 978–
FOR FURTHER INFORMATION CONTACT: Dated: April 9, 2003. 281–9273, fax 978–281–9135, e-mail
Steven Atran, Population Dynamics Richard W. Surdi,
Paul.H.Jones@noaa.gov.
Statistician, Gulf of Mexico Fishery Acting Director, Office of Sustainable SUPPLEMENTARY INFORMATION: The MDO
Management Council; telephone: 813– Fisheries, National Marine Fisheries Service. of Southwest Harbor, ME, submitted an
228–2815. [FR Doc. 03–9061 Filed 4–11–03; 8:45 am] application for an EFP on February 14,
SUPPLEMENTARY INFORMATION: The AP BILLING CODE 3510–22–S 2003, to collect several species of fish
and Reef Fish SSC will be convened to for public display. The target species
review and comment on a proposed would include winter flounder
Amendment 21 to the Reef Fish Fishery DEPARTMENT OF COMMERCE (blackbacks), witch flounder (dabs),
Management Plan (FMP) to extend the yellowtail flounder, American plaice
time period for the Madison/Swanson National Oceanic and Atmospheric (grey sole), Atlantic halibut, monkfish,
and Steamboat Lumps marine reserves Administration eel pouts, sculpins, sea ravens, Atlantic
beyond their June 16, 2004 expiration [I.D. 032803D] cod, wolfish, spiny dogfish, little skate,
date. barndoor skate, and various species of
The Madison/Swanson and Steamboat Magnuson-Stevens Act Provisions; the Phyla Arthropoda (not including
Lumps marine reserves were General Provisions for Domestic lobsters) and Echinodermata.
implemented on June 19, 2000 with a 4– Fisheries; Applications for Exempted A single chartered vessel would use a
year sunset provision. The Madison/ Fishing Permits (EFPs) shrimp trawl with 2–inch (5.08–cm)
Swanson site is approximately 115 mesh to collect marine fish with
square nautical miles in size and is AGENCY: National Marine Fisheries approximately 2–tows per day over a 2–
located about 40 nautical miles Service (NMFS), National Oceanic and day period from May 12, 2003, through
southwest of Apalachicola City, FL. Atmospheric Administration (NOAA), May 20, 2003, and over a 2–day period
Steamboat Lumps is approximately 104 Commerce. from June 23, 2003, through June 30,
square nautical miles in size and is ACTION: Notification of a proposal for an 2003. Tow lengths would be between 10
located about 95 nautical miles west of EFP to conduct experimental fishing; minutes to 1 hour. The specimens
Tarpon Springs, FL. Within each area, request for comments. would be cared for in chilled and
fishing is prohibited for all species aerated seawater while on board the
SUMMARY: The Administrator, Northeast
except for highly migratory species, i.e., fishing vessel and would be transferred
tunas, marlin, oceanic sharks, sailfishes, Region, NMFS (Regional Administrator) live to tanks the day they are caught.
and swordfish. These marine reserves has made a preliminary determination The fish would be brought to shore,
were created primarily to protect a that an EFP application submitted by maintained in tanks for public display
portion of the gag spawning the Mount Desert Oceanarium (MDO) of for a period of time not to exceed 5
aggregations and to protect a portion of Southwest Harbor, ME, contains all of months, and would be returned to the
the offshore population of male gag. The the required information and warrants sea in October 2003.
areas are also suitable habitat and further consideration. The EFP would Collection would be made using a 2–
provide protection for many other allow one fishing vessel to fish for, inch (5.08–cm) mesh shrimp net within
species, such as scamp, red grouper, retain, and land small numbers of the Small Mesh Northern Shrimp
warsaw grouper, speckled hind, red regulated multispecies, monkfish, spiny Fishery Exemption Area (Area) off
snapper, red porgy, and others. If action dogfish, and several unmanaged species Maine. Since the shrimp fishery would
is not taken to continue the reserves, for the purpose of public display. NMFS be closed at the time of collection, an
they will cease to exist after June 16, has made a preliminary determination exemption from the Northeast
2004. that the activities authorized under this multispecies minimum mesh regulation
A copy of the agenda can be obtained EFP would be consistent with the goals of 6–inch (15.24–cm) diamond/6.5–inch
by contacting the Council (see addresses and objectives of the Fishery (16.51–cm) square mesh at 50 CFR
above). Management Plans (FMPs) for the 648.80(a)(2) for vessels operating in the
Although non-emergency issues not managed species. However, further Area would be required. If the target
contained in the agenda may come review and consultation may be species cannot be found in the Area, an
before the AP/SSC for discussion, in necessary before a final determination is exemption from the Northeast
accordance with the Magnuson-Stevens made to issue the EFP. Regulations multispecies minimum mesh regulation
Fishery Conservation and Management under the Magnuson-Stevens Fishery of 6–inch (15.24–cm) diamond/6.5–inch
Act (MSFCMA), those issues may not be Conservation and Management Act (16.51–cm) square mesh at 50 CFR
the subject of formal action during this require publication of this notification 648.80(a)(2) would be required to allow
meeting. Action will be restricted to to provide interested parties the collection farther east and southeast in
those issues specifically identified in opportunity to comment on applications portions of the Gulf of Maine/Georges
this notice and any issues arising after for proposed EFPs. Bank Regulated Mesh Area.
publication of this notice that require DATES: Comments on this notification In addition, the applicant has
emergency action under section 305 (c) must be received at the appropriate requested exemptions from monkfish
of the MSFCMA, provided the public address or fax number (see ADDRESSES) and multispecies days-at-sea
has been notified of the Council’s intent on or before April 29, 2003. requirements at 50 CFR 648.92 and
to take final action to address the ADDRESSES: Comments should be sent to 648.82. The target species would
emergency. Patricia Kurkul, Regional Administrator, include winter flounder (blackbacks),
The listening stations are physically Northeast Regional Office, NMFS, One witch flounder (dabs), yellowtail
accessible to people with disabilities. Blackburn Drive, Gloucester, MA 01930. flounder, American plaice (grey sole),
Requests for sign language Mark on the outside of the envelope Atlantic halibut, monkfish, eel pouts,
interpretation or other auxiliary aids ‘‘Comments on MDO Exempted Fishing sculpins, sea ravens, Atlantic cod,
should be directed to Anne Alford at the Permit Application.’’ wolfish, spiny dogfish, little skate,

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17926 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

barndoor skate, and various species of with regard to whether these fabrics can in one or more beneficiary sub-Saharan
the Phyla Arthropoda (not including be supplied by the domestic industry in African countries from such fabrics:
lobsters) and Echinodermata. commercial quantities in a timely
The applicant would retain a manner. Comments must be submitted 1. Name: light-weight dyed warp pile velvet
maximum of six fish per species, by April 29, 2003, to the Chairman, HTS subheading: 5801.25.00
Fiber Composition: 100 percent combed cotton
juveniles and adults combined with the Committee for the Implementation of Yarn: 230 g/m2 to 260 g/m2
exception of Atlantic halibut. The Textile Agreements, Room 3001, United Construction:
applicant would only be permitted to States Department of Commerce, Woven Fabric - 96 x 98
retain a total of one Atlantic halibut Washington, D.C. 20230. Warp - 42/2 ply + 42/2 ply
Weft - 32 single yarn
with a minimum length of 36 inches EFFECTIVE DATE: April 14, 2003.
(91.44 cm). The applicant has requested Woven Fabric - 96 x 102
exemption from minimum fish sizes and FOR FURTHER INFORMATION CONTACT: Warp - 42/2 ply + 60/2 ply
possession limits at 50 CFR 648.83, Anna Flaaten, Office of Textiles and Weft - 32 single yarn
648.86, 648.89, 648.93, 648.94 Apparel, U.S. Department of Commerce,
(202) 482-3400. 2. Name: medium-weight dyed warp pile velvet
(multispecies and monkfish fisheries); HTS subheading: 5801.25.00
648.103, 648.105 (summer flounder SUPPLEMENTARY INFORMATION: Fiber Composition: 97 to 98 percent cotton, up to
fishery); 648.124, 648.125 (scup fishery); 3 percent spandex yarn
Authority: Section 112(b)(5)(B) of the Yarn: 280 g/m2 to 330 g/m2
and 648.143, 648.145 (black sea bass AGOA, Section 1 of Executive Order No. Construction:
fishery). 13191 of January 17, 2001. Woven Fabric - 110 x 84
Any fishing activity conducted Warp - 42/2 ply + 50/2 ply
outside the scope of the exempted Background Weft - 30 single yarn + 40 denier spandex
fishing activity would be prohibited. The AGOA provides for quota- and Woven Fabric - 126 x 84
Authority: 16 U.S.C. 1801 et seq. duty-free treatment for qualifying textile Warp - 42/2 ply + 50/2 ply
and apparel products. Such treatment is Weft - 30 single yarn + 40 denier spandex
Dated: April 8, 2003.
generally limited to products CITA is soliciting public comments
Richard W. Surdi,
manufactured from yarns or fabrics regarding this request, particularly with
Acting Director, Office of Sustainable formed in the United States or a
Fisheries, National Marine Fisheries Service. respect to whether such fabrics can be
beneficiary country. The AGOA also supplied by the domestic industry in
[FR Doc. 03–9060 Filed 4–11–03; 8:45 am] provides for quota- and duty-free commercial quantities in a timely
BILLING CODE 3510–22–S treatment for apparel articles that are manner. Also relevant is whether other
both cut (or knit-to-shape) and sewn or products that are supplied by the
otherwise assembled in one or more domestic industry in commercial
COMMITTEE FOR THE beneficiary sub-Saharan African quantities in a timely manner are
IMPLEMENTATION OF TEXTILE countries from fabric or yarn that is not substitutable for the fabrics for the
AGREEMENTS formed in the United States or a purposes of the intended use.
beneficiary sub-Saharan African Comments must be received no later
Request for Public Comments on country, if it has been determined that
Commercial Availability Request under than April 29, 2003. Interested persons
such fabric or yarns cannot be supplied are invited to submit six copies of such
the African Growth and Opportunity by the domestic industry in commercial
Act (AGOA) comments or information to the
quantities in a timely manner. In Chairman, Committee for the
April 10, 2003. Executive Order No. 13191, the Implementation of Textile Agreements,
AGENCY: The Committee for the President delegated to CITA the Room 3100, U.S. Department of
Implementation of Textile Agreements authority to determine whether yarns or Commerce, 14th and Constitution
(CITA). fabrics cannot be supplied by the Avenue, N.W., Washington, DC 20230.
ACTION: Request for public comments
domestic industry in commercial If a comment alleges that such fabrics
concerning a request for a determination quantities in a timely manner under the can be supplied by the domestic
that certain light- and medium-weight AGOA and directed CITA to establish industry in commercial quantities in a
dyed warp pile cotton velvet, for use in procedures to ensure appropriate public timely manner, CITA will closely
apparel articles, cannot be supplied by participation in any such determination. review any supporting documentation,
the domestic industry in commercial On March 6, 2001, CITA published such as a signed statement by a
quantities in a timely manner. procedures in the Federal Register that manufacturer of the yarn or fabric
it will follow in considering requests. stating that it produces the fabrics that
SUMMARY: On April 8, 2003, the (66 FR 13502). are the subject of the request, including
Chairman of CITA received a petition On April 8, 2003, the Chairman of the quantities that can be supplied and
from Crystal Apparel Limited of Hong CITA received a petition from Crystal the time necessary to fill an order, as
Kong and Sinotex Mauritius Limited in Apparel Limited of Hong Kong and well as any relevant information
Mauritius alleging that certain light- and Sinotex Mauritius Limited in Mauritius regarding past production.
medium-weight dyed warp pile cotton alleging that certain light- and medium- CITA will protect any business
velvet for use in men’s and boys’ jackets weight dyed warp pile cotton velvet, confidential information that is marked
and pants and women’s and girls’ classified in subheading 5801.25.00 of business confidential from disclosure
jackets, dresses, skirts, pants, and shorts the Harmonized System of the United for the full extent permitted by law.
cannot be supplied by the domestic States, with the following specifications, CITA will make available to the public
industry in commercial quantities in a cannot be supplied by the domestic non-confidential versions of the request
timely manner. It requests that such industry in commercial quantities in a and non-confidential versions of any
apparel articles of such fabrics be timely manner and requesting quota- public comments received with respect
eligible for preferential treatment under and duty-free treatment under the to a request in room 3100 in the Herbert
the AGOA. CITA hereby solicits public AGOA for certain jackets, dresses, skirts, Hoover Building, 14th and Constitution
comments on this request, in particular pants and shorts, that are cut and sewn Avenue, N.W., Washington, DC 20230.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17927

Persons submitting comments on a collection; and (6) Reporting and/or DEPARTMENT OF EDUCATION
request are encouraged to include a non- Recordkeeping burden. OMB invites
confidential version and a non- public comment. Notice of Proposed Information
confidential summary. Collection Requests
Dated: April 8, 2003.
James C. Leonard III, John D. Tressler, AGENCY: Department of Education.
Chairman, Committee for the Implementation Leader, Regulatory Management Group, ACTION: Notice of proposed information
of Textile Agreements. Office of the Chief Information Officer. collection requests.
[FR Doc.03–9204 Filed 4–10–03; 3:18 pm]
Office of Educational Research and SUMMARY: The Leader, Regulatory
BILLING CODE 3510–DR–S
Improvement Management Group, Office of the Chief
Information Officer, invites comments
Type of Review: New. on the proposed information collection
DEPARTMENT OF EDUCATION requests as required by the Paperwork
Title: National Assessment of
Educational Progress: Foreign Language Reduction Act of 1995.
Submission for OMB Review; DATES: An emergency review has been
Comment Request Assessment, Field Test 2003 and Full
Scale 2004. requested in accordance with the Act
AGENCY: Department of Education. (44 U.S.C. Chapter 3507 (j)), since
Frequency: One-time.
SUMMARY: The Leader, Regulatory public harm is reasonably likely to
Affected Public: Individuals or result if normal clearance procedures
Management Group, Office of the Chief
household; State, Local, or Tribal Gov’t, are followed. Approval by the Office of
Information Officer invites comments
on the submission for OMB review as SEAs or LEAs. Management and Budget (OMB) has
required by the Paperwork Reduction Reporting and Recordkeeping Hour been requested by April 14, 2003. A
Act of 1995. Burden: regular clearance process is also
beginning. Interested persons are
DATES: Interested persons are invited to Responses: 16,064. invited to submit comments on or before
submit comments on or before May 14, Burden Hours: 5,623. June 13, 2003.
2003.
Abstract: The National Assessment of ADDRESSES: Written comments
ADDRESSES: Written comments should regarding the emergency review should
be addressed to the Office of Educational Progress Foreign Language
Assessment will assess the current be addressed to the Office of
Information and Regulatory Affairs, Information and Regulatory Affairs,
Attention: Lauren Wittenberg, Acting status of the foreign language skills of
high school seniors in the U.S. as well Attention: Lauren Wittenberg, Desk
Desk Officer, Department of Education, Officer: Department of Education, Office
Office of Management and Budget, 725 as collecting information about foreign
language programs, instructional of Management and Budget; 725 17th
17th Street, NW., Room 10235, New Street, NW., Room 10235, New
Executive Office Building, Washington, practices, and attitudes towards learning
foreign languages. Executive Office Building, Washington,
DC 20503 or should be electronically DC 20503 or should be electronically
mailed to the internet address Requests for copies of the submission mailed to the internet address
Lauren_Wittenberg@omb.eop.gov. for OMB review; comment request may Lauren_Wittenberg@omb.eop.gov. .
SUPPLEMENTARY INFORMATION: Section be accessed from http:// SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of edicsweb.ed.gov, by selecting the 3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires ‘‘Browse Pending Collections’’ link and 1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and by clicking on link number 2222. When that the Director of OMB provide
Budget (OMB) provide interested you access the information collection, interested Federal agencies and the
Federal agencies and the public an early click on ‘‘Download Attachments’’ to public an early opportunity to comment
opportunity to comment on information view. Written requests for information on information collection requests. The
collection requests. OMB may amend or should be addressed to Vivian Reese, Office of Management and Budget
waive the requirement for public Department of Education, 400 Maryland (OMB) may amend or waive the
consultation to the extent that public Avenue, SW., Room 4050, Regional requirement for public consultation to
participation in the approval process Office Building 3, Washington, DC the extent that public participation in
would defeat the purpose of the 20202–4651 or to the e-mail address the approval process would defeat the
information collection, violate State or vivan.reese@ed.gov. Requests may also purpose of the information collection,
Federal law, or substantially interfere be electronically mailed to the internet violate State or Federal law, or
with any agency’s ability to perform its address OCIO_RIMG@ed.gov or faxed to substantially interfere with any agency’s
statutory obligations. The Leader, (202) 708–9346. Please specify the ability to perform its statutory
Regulatory Management Group, Office complete title of the information obligations. The Acting Leader,
of the Chief Information Officer, collection when making your request. Information Management Group, Office
publishes that notice containing Comments regarding burden and/or of the Chief Information Officer,
proposed information collection the collection activity requirements publishes this notice containing
requests prior to submission of these should be directed to Katrina Ingalls at proposed information collection
requests to OMB. Each proposed (703) 620–3655 or via her e-mail address requests at the beginning of the
information collection, grouped by Katrina.Ingalls@ed.gov. Individuals who Departmental review of the information
office, contains the following: (1) Type use a telecommunications device for the collection. Each proposed information
of review requested, e.g. new, revision, deaf (TDD) may call the Federal collection, grouped by office, contains
extension, existing or reinstatement; (2) Information Relay Service (FIRS) at 1– the following: (1) Type of review
Title; (3) Summary of the collection; (4) 800–877–8339. requested, e.g., new, revision, extension,
Description of the need for, and existing or reinstatement; (2) Title; (3)
proposed use of, the information; (5) [FR Doc. 03–8999 Filed 4–11–03; 8:45 am] Summary of the collection; (4)
Respondents and frequency of BILLING CODE 4000–01–P Description of the need for, and

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17928 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

proposed use of, the information; (5) Avenue, SW., Room 4050, Regional Support at
Respondents and frequency of Office Building 3, Washington, DC FERCOnlineSupport@ferc.gov or toll-
collection; and (6) Reporting and/or 20202–4651 or to the e-mail address free at (866) 208–3676, or TTY, contact
Recordkeeping burden. ED invites vivan.reese@ed.gov. Requests may also (202) 502–8659. The Commission
public comment. The Department of be electronically mailed to the internet strongly encourages electronic filings.
Education is especially interested in address OCIO_RIMG@ed.gov or faxed to See 18 CFR 385.2001(a)(1)(iii) and the
public comment addressing the 202–708–9346. Please specify the instructions on the Commission’s Web
following issues: (1) Is this collection complete title of the information site under the ‘‘e-Filing’’ link.
necessary to the proper functions of the collection when making your request. Comment Date: April 14, 2003.
Department; (2) will this information be Comments regarding burden and/or
Magalie R. Salas,
processed and used in a timely manner; the collection activity requirements,
Secretary.
(3) is the estimate of burden accurate; contact Joseph Schubart at (202) 708–
(4) how might the Department enhance 9266 or via his e-mail address [FR Doc. 03–9102 Filed 4–11–03; 8:45 am]
Joe.Schubart@ed.gov. Individuals who BILLING CODE 6717–01–P
the quality, utility, and clarity of the
information to be collected; and (5) how use a telecommunications device for the
might the Department minimize the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1– DEPARTMENT OF ENERGY
burden of this collection on
respondents, including through the use 800–877–8339. Federal Energy Regulatory
of information technology. [FR Doc. 03–9121 Filed 4–11–03; 8:45 am] Commission
Dated: April 9, 2003. BILLING CODE 4000–01–U [Docket No. RP03–329–000]
John D. Tressler,
Leader, Regulatory Management Group, ANR Pipeline Company; Notice of
Office of the Chief Information Officer. DEPARTMENT OF ENERGY Tariff Filing
Office of Postsecondary Education Federal Energy Regulatory April 3, 2003.
Type of Review: Reinstatement. Commission Take notice that on March 31, 2003,
Title: Preparing Tomorrow’s Teachers ANR Pipeline Company (ANR),
[Docket No. RP99–301–074] tendered for filing as part of its FERC
to Use Technology.
Abstract: Capacity Building and ANR Pipeline Company; Notice of Gas Tariff, Second Revised Volume No.
Catalyst grants will be awarded for two Negotiated Rate Filing 1, the following tariff sheets, with an
years to prepare future teachers to use effective date of May 1, 2003:
modern learning technologies. These April 7, 2003. Ninth Revised Sheet No. 10
grants will address critical issues in the Take notice that on April 1, 2003, Fifth Revised Sheet No. 46
integration of technology into the ANR Pipeline Company (ANR), Third Revised Sheet No. 47
classroom curriculum. These issues tendered for filing and approval a Second Revised Sheet No. 48
include (1) access to modern Service Agreement between ANR and Fifth Revised Sheet No. 49
educational tools; (2) support in the Dynegy Marketing and Trade pursuant First Revised Sheet No. 49A
Second Revised Sheet No. 50
preparation of well-qualified, to ANR’s Rate Schedule FTS–3 (the Fourth Revised Sheet No. 51
technology proficient teachers; (3) and Agreement). ANR requests that the Third Revised Sheet No. 80
bridging the digital equity to ensure Commission accept and approve the Fifth Revised Sheet No. 84
access to modern learning technology Agreement to be effective on April 1, Sixth Revised Sheet No. 85
and qualified teachers for all students 2003. Fifth Revised Sheet No. 91
Additional Information: Congress Any person desiring to be heard or to First Revised Sheet No. 96
surprised this program with substantial protest said filing should file a motion Second Revised Sheet No. 101A
funding during their staff reengineering. to intervene or a protest with the Original Sheet No. 101B
This information collection needs to Federal Energy Regulatory Commission, ANR states that the revised tariff
reach the public soon in order to avoid 888 First Street, NE., Washington, DC sheets are being filed in order to provide
staff conflicts within the schools. 20426, in accordance with sections more flexibility to its current firm
Frequency: Annually. 385.314 or 385.211 of the Commission’s storage service, by primarily modifying
Affected Public: Not-for-profit rules and regulations. All such motions the time frame within which storage
institutions; businesses or other for- or protests must be filed in accordance service can be sold. ANR also proposes
profit; State, Local, or Tribal Gov’t, with section 154.210 of the to adopt a time line defining under
SEAs or LEAs Commission’s Regulations. Protests will which circumstances ANR must
Reporting and Recordkeeping Hour be considered by the Commission in consider requests and accept or reject
Burden: determining the appropriate action to be requests for any service at maximum
Responses: 450. taken, but will not serve to make rates.
Burden Hours: 18,000. protestants parties to the proceedings. Any person desiring to be heard or to
Requests for copies of the proposed Any person wishing to become a party protest said filing should file a motion
information collection request may be must file a motion to intervene. This to intervene or a protest with the
accessed from http://edicsweb.ed.gov, filing is available for review at the Federal Energy Regulatory Commission,
by selecting the ‘‘Browse Pending Commission in the Public Reference 888 First Street, NE., Washington, DC
Collections’’ link and by clicking on Room or may be viewed on the 20426, in accordance with Sections
link number 2253. When you access the Commission’s Web site at http:// 385.314 or 385.211 of the Commission’s
information collection, click on www.ferc.gov using the ‘‘FERRIS’’ link. Rules and Regulations. All such motions
‘‘Download Attachments ‘‘ to view. Enter the docket number excluding the or protests must be filed in accordance
Written requests for information should last three digits in the docket number with Section 154.210 of the
be addressed to Vivian Reese, field to access the document. For Commission’s Regulations. Protests will
Department of Education, 400 Maryland assistance, please contact FERC Online be considered by the Commission in

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17929

determining the appropriate action to be comment date. Protests will be FERCOnlineSupport@ferc.gov or toll-
taken, but will not serve to make considered by the Commission in free at (866) 208–3676, or for TTY,
protestants parties to the proceedings. determining the appropriate action to be contact (202) 502–8659.
Any person wishing to become a party taken, but will not serve to make Specifically, Dominion Cove Point
must file a motion to intervene. This protestants parties to the proceedings. requests authorization to construct the
filing is available for review at the Any person wishing to become a party Loudoun Station, consisting of two
Commission in the Public Reference must file a motion to intervene. This 4,735 horsepower (hp) gas-fired
Room or may be viewed on the filing is available for review at the compressor units and one 2,370 hp gas-
Commission’s website at http:// Commission in the Public Reference fired compressor unit, and the Pleasant
www.ferc.gov using the ‘‘FERRIS’’ link. Room or may be viewed on the Valley Station, consisting of one 4,750
Enter the docket number excluding the Commission’s Web site at http:// hp electric driven compressor unit and
last three digits in the docket number www.ferc.gov using the ‘‘FERRIS’’ link. one 2,750 hp electric driven compressor
field to access the document. For Enter the docket number excluding the unit, as well as appurtenant facilities at
assistance, please contact FERC Online last three digits in the docket number both stations. Dominion Cove Point
Support at field to access the document. For states that both proposed new
FERCOnlineSupport@ferc.gov or toll- assistance, please contact FERC Online compressor stations will be constructed
free at (866) 208–3676, or TTY, contact Support at on land owned by Dominion Cove
(202) 502–8659. The Commission FERCOnlineSupport@ferc.gov or toll- Point, and estimates the total cost of the
strongly encourages electronic filings. free at (866) 208–3676, or TTY, contact project to be approximately $43.5
See 18 CFR 385.2001(a)(1)(iii) and the (202) 502–8659. The Commission million. Dominion Cove Point proposes
instructions on the Commission’s Web strongly encourages electronic filings. to price the new service incrementally
site under the ‘‘e-Filing’’ link. See 18 CFR 385.2001(a)(1)(iii) and the and to establish an electric tracker
Comment Date: April 14, 2003. instructions on the Commission’s Web applicable to customers of the proposed
site under the ‘‘e-Filing’’ link. project.
Magalie R. Salas, Dominion Cove Point explains that, as
Comment Date: April 14, 2003.
Secretary. part of an uncontested settlement
[FR Doc. 03–9259 Filed 4–11–03; 8:45 am] Magalie R. Salas, approved by the Commission on
BILLING CODE 6717–01–P Secretary. February 27, 2003, Dominion Cove
[FR Doc. 03–9100 Filed 4–11–03; 8:45 am] Point was required to file an
BILLING CODE 6717–01–P application, on or before March 31,
DEPARTMENT OF ENERGY 2003, for certificate authority to
construct facilities necessary to create
Federal Energy Regulatory DEPARTMENT OF ENERGY firm transportation capacity from west
Commission to east on its system. By this
Federal Energy Regulatory application, Dominion Cove Point
[Docket No. RP03–332–000]
Commission proposes to create such west to east
CenterPoint Energy Gas Transmission [Docket No. CP03–74–000] transportation service. Dominion Cove
Company; Notice of Filing Point states that it has entered into
Dominion Cove Point LNG, LP; Notice precedent agreements with two shippers
April 7, 2003. of Application for all 445,000 Dth/d of the project’s
Take notice that on April 1, 2003, incremental capacity.
CenterPoint Energy Gas Transmission April 7, 2003. Dominion Cove Point requests that
Company (CEGT) submitted its Annual Take notice that on March 28, 2003, the Commission issue a final order by
Revenue Crediting Filing pursuant to its Dominion Cove Point LNG, LP September 30, 2003.
FERC Gas Tariff, Sixth Revised Volume (Dominion Cove Point), 120 Tredegar Any questions regarding this
No. 1, section 5.7(c)(ii)(2)B (Imbalance Street, Richmond, Virginia 23219, filed application should be directed to Mr.
Cash Out), section 23.2(b)(iv) (IT, SBS with the Federal Energy Regulatory Sean R. Sleigh, Certificates Manager,
and PHS Revenue Crediting) and section Commission (Commission) in Docket Dominion Cove Point LNG, LP, 120
23.5 (IT Revenue Credit). No. CP03–74–000, an application Tredegar Street, Richmond, Virginia
CEGT states that its filing addresses pursuant to section 7(c) of the Natural 23219, or call (304)627–3462 or FAX
the period from February 1, 2002, Gas Act and part 157 of the Comission’s (304)627–3305.
through January 31, 2003. CEGT states regulations for authorization to There are two ways to become
that the IT and FT Cash Balancing construct, install, own, operate, and involved in the Commission’s review of
Revenue Credits and the IT Revenue maintain two new compressor stations, this project. First, any person wishing to
Credit for the period reflected in this Loudoun Station and Pleasant Valley obtain legal status by becoming a party
filing are zero. CEGT further states that Station (Cove Point East Project), to be to the proceedings for this project
since CEGT’s current tariff sheets located in Loudoun and Fairfax should, on or before the comment date
already reflect zero Cash Balancing and Counties, Virginia, respectively, as more stated below, file with the Federal
IT Revenue Credits, no tariff revisions fully described in the application. This Energy Regulatory Commission, 888
are necessary. filing is available for review at the First Street, NE., Washington, DC 20426,
Any person desiring to be heard or to Commission in the Public Reference a motion to intervene in accordance
protest said filing should file a motion Room or may be viewed on the with the requirements of the
to intervene or a protest with the Commission’s Web site at http:// Commission’s rules of practice and
Federal Energy Regulatory Commission, www.ferc.gov using the ‘‘FERRIS’’ link. procedure (18 CFR 385.214 or 385.211)
888 First Street, NE., Washington, DC Enter the docket number excluding the and the Regulations under the NGA (18
20426, in accordance with sections last three digits in the docket number CFR 157.10). A person obtaining party
385.314 or 385.211 of the Commission’s field to access the document. For status will be placed on the service list
rules and regulations. All such motions assistance, please contact FERC Online maintained by the Secretary of the
or protests must be filed on or before the Support at Commission and will receive copies of

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17930 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

all documents filed by the applicant and proposal, it is important either to file link. Enter the docket number excluding
by all other parties. A party must submit comments or to intervene as early in the the last three digits in the docket
14 copies of filings made with the process as possible. number field to access the document.
Commission and must mail a copy to Protests and interventions may be For assistance, please contact FERC
the applicant and to every other party in filed electronically via the internet in Online Support at
the proceeding. Only parties to the lieu of paper; see 18 CFR FERCOnlineSupport@ferc.gov or toll-
proceeding can ask for court review of 385.2001(a)(1)(iii) and the instructions free at (866) 208–3676, or TTY, contact
Commission orders in the proceeding. on the Commission’s Web site under the (202) 502–8659. The Commission
However, a person does not have to ‘‘e-Filing’’ link. The Commission strongly encourages electronic filings.
intervene in order to have comments strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the
considered. The second way to If the Commission decides to set the instructions on the Commission’s Web
participate is by filing with the application for a formal hearing before site under the ‘‘e-Filing’’ link.
Secretary of the Commission, as soon as an Administrative Law Judge, the Protest Date: April 14, 2003.
possible, an original and two copies of Commission will issue another notice
comments in support of or in opposition Magalie R. Salas,
describing that process. At the end of
to this project. The Commission will the Commission’s review process, a Secretary.
consider these comments in final Commission order approving or [FR Doc. 03–9103 Filed 4–11–03; 8:45 am]
determining the appropriate action to be denying a certificate will be issued. BILLING CODE 6717–01–P
taken, but the filing of a comment alone Comment Date: April 28, 2003.
will not serve to make the filer a party
to the proceeding. The Commission’s Magalie R. Salas, DEPARTMENT OF ENERGY
rules require that persons filing Secretary.
comments in opposition to the project [FR Doc. 03–9091 Filed 4–11–03; 8:45 am] Federal Energy Regulatory
provide copies of their protests only to BILLING CODE 6717–01–P
Commission
the party or parties directly involved in [Docket No. CP03–75–000]
the protest.
Persons who wish to comment only DEPARTMENT OF ENERGY Freeport LNG Development, L.P.;
on the environmental review of this Notice of Application
project should submit an original and Federal Energy Regulatory
two copies of their comments to the Commission April 7, 2003.
Secretary of the Commission. Take notice that on March 28, 2003,
[Docket No. RP99–485–004]
Environmental commenters will be Freeport LNG Development, L.P.,
placed on the Commission’s Enbridge Pipelines (KPC); Notice of (Freeport LNG), 1200 Smith Street, Suite
environmental mailing list, will receive Compliance Filing 600, Houston, Texas 77002, filed an
copies of the environmental documents, application pursuant to section 3 of the
and will be notified of meetings April 7, 2003. Natural Gas Act (NGA) and parts 153
associated with the Commission’s Take notice that on April 2, 2003, and 380 of the Commission’s regulations
environmental review process. Enbridge Pipelines (KPC) (KPC) for authorization to site, construct and
Environmental commenters will not be tendered for filing revised tariff sheets operate a liquefied natural gas (LNG)
required to serve copies of filed listed on Appendix A which are to be receiving terminal and associated
documents on all other parties. included in its FERC gas Tariff, First facilities in the Freeport, Texas area as
However, the non-party commenters Revised Volume No. 1. KPC requests a place of entry for the importation of
will not receive copies of all documents that these tariff sheets be made effective LNG, all as more fully set forth in the
filed by other parties or issued by the April 1, 2003. application on file with the Commission
Commission (except for the mailing of KPC states that the purpose of the and open to public inspection. This
environmental documents issued by the filing is to comply with the filing is available for review at the
Commission) and will not have the right Commission’s Order on Rehearing Commission or may be viewed on the
to seek court review of the issued on March 19, 2003, wherein the Commission’s Web site at http://
Commission’s final order. Commission ordered KPC to reduce its www.ferc.gov using the ‘‘FERRIS’’ link.
The Commission may issue a cost of long-term debt from 8.64% to Enter the docket number excluding the
preliminary determination on non- 8.45%. last three digits in the docket number
environmental issues prior to the Any person desiring to protest said field to access the document. For
completion of its review of the filing should file a protest with the assistance, please contact FERC Online
environmental aspects of the project. Federal Energy Regulatory Commission, Support at
This preliminary determination 888 First Street, NE., Washington, DC FERCOnlineSupport@ferc.gov or toll-
typically considers such issues as the 20426, in accordance with Section free at (866)208–3676, or for TTY,
need for the project and its economic 385.211 of the Commission’s rules and contact (202)502–8659.
effect on existing customers of the regulations. All such protests must be Freeport LNG states that it proposes to
applicant, on other pipelines in the area, filed in accordance with section 154.210 construct the Freeport LNG Terminal in
and on landowners and communities. of the Commission’s regulations. response to the growing demand for
For example, the Commission considers Protests will be considered by the natural gas in Texas intrastate markets.
the extent to which the applicant may Commission in determining the Freeport LNG explains that the Freeport
need to exercise eminent domain to appropriate action to be taken, but will LNG Terminal will be comprised of an
obtain rights-of-way for the proposed not serve to make protestants parties to LNG receiving facility (including
project and balances that against the the proceedings. This filing is available docking facilities and associated piping
non-environmental benefits to be for review at the Commission in the appurtenances); an LNG storage and
provided by the project. Therefore, if a Public Reference Room or may be vaporization facility (including two
person has comments on community viewed on the Commission’s Web site at LNG storage tanks, vaporization units
and landowner impacts from this http://www.ferc.gov using the ‘‘FERRIS’’ and associated piping and control

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17931

equipment; and 9.38 miles of 36-inch Commission and will receive copies of and landowner impacts from this
diameter send out pipeline as well as all documents filed by the applicant and proposal, it is important either to file
metering facilities and associated by all other parties. A party must submit comments or to intervene as early in the
appurtenances. 14 copies of filings made in the process as possible.
Freeport LNG states that the Freeport proceeding. with the Commission and Protests and interventions may be
LNG Terminal will be located on must mail a copy to the applicant and filed electronically via the Internet in
Quintana Island, southeast of Freeport, to every other party. Only parties to the lieu of paper; see 18 CFR
Brazoria County, Texas. Freeport LNG proceeding can ask for court review of 385.2001(a)(1)(iii) and the instructions
avers that the Freeport LNG Terminal Commission orders in the proceeding. on the Commission’s Web site under the
will not be used to provide However, a person does not have to ‘‘e-Filing’’ link. The Commission
jurisdictional interstate transportation intervene in order to have comments strongly encourages electronic filings.
service. Freeport LNG states that the considered. The second way to If the Commission decides to set the
facilities will instead be used to engage participate is by filing with the application for a formal hearing before
in commerce between the State of Texas Secretary of the Commission, as soon as an Administrative Law Judge, the
and foreign nations. Freeport LNG possible, an original and two copies of Commission will issue another notice
maintains that since it does not intend comments in support of or in opposition describing that process. At the end of
to use the proposed facilities to import to this project. The Commission will the Commission’s review process, a
LNG on its own behalf, but rather, to consider these comments in final Commission order approving or
provide terminal services to third determining the appropriate action to be denying the section 3 authorization will
parties, shippers utilizing the Freeport taken, but the filing of a comment alone be issued.
LNG facilities will be required to obtain will not serve to make the filer a party Comment Date: April 29, 2003.
authorization from the Department of to the proceeding. The Commission’s
Energy/Office of Fossil Energy for the rules require that persons filing Magalie R. Salas,
import of natural gas. comments in opposition to the project Secretary.
Freeport LNG states that LNG will be provide copies of their protests only to [FR Doc. 03–9092 Filed 4–11–03; 8:45 am]
transported through a send out pipeline the party or parties directly involved in BILLING CODE 6717–01–P
from Quintana Island to the Stratton the protest.
Ridge meter station, which will serve as Persons who wish to comment only
the terminus of the Freeport LNG on the environmental review of this DEPARTMENT OF ENERGY
Termination. Freeport LNG states that project should submit an original and
interconnection facilities will be two copies of their comments to the Federal Energy Regulatory
constructed between the Stratton Ridge Secretary of the Commission. Commission
meter station and certain intrastate Environmental commenters will be [Docket No. EL03–115–000]
systems with facilities in close placed on the Commission’s
proximity to the Stratton Ridge meter environmental mailing list, will receive Neptune Regional Transmission
station in order to connect the report copies of the environmental documents, System, LLC, Complainant v. Reliant
LNG terminal with Texas markets. and will be notified of meetings Energy New Jersey Holdings, LLC, and
Freeport LNG states that the associated with the Commission’s Reliant Resources, Inc., Respondents;
interconnection facilities will be environmental review process. Notice of Complaint
constructed by the respective intrastate Environmental commenters will not be
pipelines. In addition, Freeport LNG required to serve copies of filed April 8, 2003.
states that the Freeport LNG Terminal is documents on all other parties. Take notice that on April 4, 2003,
anticipated to be completed and placed However, the non-party commenters Neptune Regional Transmission
in service in time to meet natural gas will not receive copies of all documents System, LLC (NeptuneRTS(TM))
demand during the 2006–2007 winter filed by other parties or issued by the tendered for filing a Complaint pursuant
heating season. Commission (except for the mailing of to Sections 201, 202, 203, 210, and 306
Any questions regarding this environmental documents issued by the of the Federal Power Act against Reliant
application should be directed to Lisa M Commission) and will not have the right Energy New Jersey Holdings, LLC and
Tonery, King & Spalding LLP, 1185 to seek court review of the Reliant Resources, Inc. (Reliant). The
Avenue of the Americas, New York, Commission’s final order. Complaint asks the Commission to grant
New York 10036–4003, at (212) 556– The Commission may issue a the request of NeptuneRTST for fast
2100, fax (212) 556–2222. preliminary determination on non- track processing and seeks an order
There are two ways to become environmental issues prior to the directing Reliant to execute, within 7
involved in the Commission’s review of completion of its review of the days of the Order, certain agreements
this project. First, any person wishing to environmental aspects of the project. relating to access to jurisdictional
obtain legal status by becoming a party This preliminary determination transmission assets located on property
to the proceedings for this project typically considers such issues as the owned by Reliant. The complaint
should, on or before the comment date need for the project and its economic alleges that Reliant is exercising its
stated below file with the Federal effect on existing customers of the control over easements to preclude
Energy Regulatory Commission, 888 applicant, on other pipelines in the area, competitors from accessing the
First Street, NE., Washington, DC 20426, and on landowners and communities. transmission system. Among other
a motion to intervene in accordance For example, the Commission considers things, the complaint raises the issue of
with the requirements of the the extent to which the applicant may what entity has jurisdiction to order
Commission’s rules of practice and need to exercise eminent domain to access to Reliant’s property.
procedure (18 CFR 385.214 or 385.211) obtain rights-of-way for the proposed NeptuneRTS(TM) states that copies of
and the regulations under the NGA (18 project and balances that against the the filing were served upon Reliant;
CFR 157.10). A person obtaining party non-environmental benefits to be FirstEnergy Corp.; Pennsylvania-Jersey-
status will be placed on the service list provided by the project. Therefore, if a Maryland Interconnection, LLC;
maintained by the Secretary of the person has comments on community Consolidated Edison Company of New

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17932 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

York, Inc.; the New Jersey Board of Revised Sheet No. 20, and Original market-based rates. Quonset also
Public Utilities; the New Jersey Sheet No. 2, with an effective date of requested waiver of various Commission
Department of Environmental April 1, 2003. regulations. In particular, Quonset
Protection; and the New York GTN states that these sheets are being requested that the Commission grant
Department of Public Service. filed to reflect the implementation of blanket approval under 18 CFR part 34
Any person desiring to be heard or to three Negotiated Rate Agreements and of all future issuances of securities and
protest this filing should file with the the removal of three Negotiated Rate assumptions of liability by Quonset.
Federal Energy Regulatory Commission, Agreements that have expired. On April 2, 2003, pursuant to
888 First Street, NE., Washington, DC GTN further states that a copy of this delegated authority, the Director,
20426, in accordance with Rules 211 filing has been served on GTN’s Division of Tariffs and Market
and 214 of the Commission’s Rules of jurisdictional customers and interested Development—South, granted the
Practice and Procedure (18 CFR 385.211 state regulatory agencies. request for blanket approval under part
and 385.214). Protests will be Any person desiring to be heard or to 34, subject to the following:
considered by the Commission in protest said filing should file a motion Any person desiring to be heard or to
determining the appropriate action to be to intervene or a protest with the protest the blanket approval of
taken, but will not serve to make Federal Energy Regulatory Commission, issuances of securities or assumptions of
protestants parties to the proceeding. 888 First Street, NE., Washington, DC liability by Quonset should file a motion
Any person wishing to become a party 20426, in accordance with sections to intervene or protest with the Federal
must file a motion to intervene. The 385.314 or 385.211 of the Commission’s Energy Regulatory Commission, 888
answer to the complaint and all rules and regulations. All such motions First Street, NE., Washington, DC 20426,
comments, interventions or protests or protests must be filed in accordance in accordance with rules 211 and 214 of
must be filed on or before comment with section 154.210 of the the Commission’s rules of practice and
date. This filing is available for review Commission’s regulations. Protests will procedure (18 CFR 385.211 and
at the Commission in the Public be considered by the Commission in 385.214).
Reference Room or may be viewed on determining the appropriate action to be Notice is hereby given that the
the Commission’s Web site at http:// taken, but will not serve to make deadline for filing motions to intervene
www.ferc.gov using the ‘‘FERRIS’’ link. protestants parties to the proceedings. or protests, as set forth above, is May 2,
Enter the docket number excluding Any person wishing to become a party 2003.
the last three digits in the docket must file a motion to intervene. This Absent a request to be heard in
number field to access the document. filing is available for review at the opposition by the deadline above,
For assistance, please contact FERC Commission in the Public Reference Quonset are authorized to issue
Online Support at Room or may be viewed on the securities and assume obligations or
FERCOnlineSupport@ferc.gov or toll- Commission’s Web site at http:// liabilities as a guarantor, indorser,
free at (866) 208–3676, or for TTY, www.ferc.gov using the ‘‘FERRIS’’ link. surety, or otherwise in respect of any
contact (202) 502–8659. The answer to Enter the docket number excluding the security of another person; provided
the complaint, comments, protests and last three digits in the docket number that such issuance or assumption is for
interventions may be filed electronically field to access the document. For some lawful object within the corporate
via the Internet in lieu of paper; see 18 assistance, please contact FERC Online purposes of Quonset, compatible with
CFR 385.2001(a)(1)(iii) and the Support at the public interest, and is reasonably
instructions on the Commission’s web FERCOnlineSupport@ferc.gov or toll- necessary or appropriate for such
site under the ‘‘e-Filing’’ link. The free at (866) 208–3676, or TTY, contact purposes.
Commission strongly encourages (202) 502–8659. The Commission The Commission reserves the right to
electronic filings. strongly encourages electronic filings. require a further showing that neither
Comment Date: April 23, 2003. See 18 CFR 385.2001(a)(1)(iii) and the public nor private interests will be
instructions on the Commission’s web adversely affected by continued
Magalie R. Salas, approval of Quonset’s issuances of
site under the ‘‘e-Filing’’ link.
Secretary. Comment Date: April 14, 2003. securities or assumptions of liability.
[FR Doc. 03–9106 Filed 4–11–03; 8:45 am] Copies of the full text of the Order are
BILLING CODE 6717–01–P
Magalie R. Salas, available from the Commission’s Public
Secretary. Reference Branch, 888 First Street, NE.,
[FR Doc. 03–9104 Filed 4–11–03; 8:45 am] Washington, DC 20426. The Order may
DEPARTMENT OF ENERGY BILLING CODE 6717–01–P also be viewed on the Commission’s
Web site at http://www.ferc.gov , using
Federal Energy Regulatory the ‘‘FERRIS’’ link. Enter the docket
Commission DEPARTMENT OF ENERGY number excluding the last three digits in
[Docket No. RP99–518–037] the docket number filed to access the
Federal Energy Regulatory document. Comments, protests, and
PG&E Gas Transmission, Northwest Commission interventions may be filed electronically
Corporation; Notice of Negotiated [Docket Nos. ER03–305–000] via the internet in lieu of paper. See 18
Rates CFR 385.2001(a)(1)(iii) and the
Quonset Point Cogen, L.P.; Notice of instructions on the Commission’s Web
April 7, 2003. Issuance of Order site under the ‘‘e-Filing’’ link. The
Take notice that on April 1, 2003, Commission strongly encourages
PG&E Gas Transmission, Northwest April 7, 2003. electronic filings.
Corporation (GTN) tendered for filing to Quonset Point Cogen, L.P. (Quonset)
be part of its FERC Gas Tariff, Second filed an application for market-based Magalie R. Salas,
Revised Volume No. 1-A., Sixth Revised rate authority, with an accompanying Secretary.
Sheet No. 15, Second Revised Sheet No. tariff. The proposed tariff provides for [FR Doc. 03–9094 Filed 4–11–03; 8:45 am]
18, Third Revised Sheet No. 19, Second the sale of capacity and energy at BILLING CODE 6717–01–P

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17933

DEPARTMENT OF ENERGY Comment Date: April 22, 2003. Thereafter, on March 26, 2003, the
Commission released the remaining
Magalie R. Salas,
Federal Energy Regulatory information. 102 FERC ¿ 61,311.
Commission Secretary. Subsequent to the release of the
[FR Doc. 03–9093 Filed 4–11–03; 8:45 am] information, on March 28, 2003, the
[Docket No. EL03–116–000]
BILLING CODE 6717–01–P Commission received the first of several
motions from Enron asking that certain
Reliant Energy Mid-Atlantic Power parts of the released information be
DEPARTMENT OF ENERGY removed from public access. These
Holdings, LLC, Complainant, v. PJM
Interconnection, L.L.C., Respondent; motions in particular attempted to
Federal Energy Regulatory identify Enron employees’ personal
Notice of Complaint Commission information, including social security
April 7, 2003. [Docket Nos. PA02–2–000, EL00–95–048, numbers. The Commission also received
Take notice that on April 2, 2003,
EL00–98–042, and EL01–10–007] calls on its Enforcement Hotline from
Enron employees who were concerned
Reliant Energy Mid-Atlantic Fact Finding Investigation of Potential about their personal information being
Power Holdings, LLC (Reliant) Manipulation of Electric and Natural available on the internet. Finally, the
tendered for filing a complaint pursuant Gas Prices, San Diego Gas & Electric Commission was contacted by a
to section 206 of the Federal Power Act Company, Complainant, v. Sellers of consulting firm which had given Enron
against PJM Interconnection, L.L.C. Energy and Ancillary Services Into information with security implications,
(PJM) complaining that the price caps Markets Operated by the California which Enron in turn had given the
on certain of its generation facilities in Independent System Operator and the Commission’s staff during the
the PJM operating area subject to California Power Exchange, investigation. As quickly as possible,
chronic transmission constraints were Respondents; Investigation of the Commission staff accommodated the
not just and reasonable and requesting Practices of the California Independent requests involving personal and security
approval of a Formula Price Cap System Operator and the California related information.
Mitigation Proposal (Proposal) Power Exchange Puget Sound Energy, On April 4, 2003, the Commission
applicable to those facilities. Reliant Inc., et al., Complainant, v. All was notified that Enron had filed a
requested that the proposal be accepted Jurisdictional Sellers of Energy and/or petition for writ of mandamus and an
by May 30, 2003. Capacity at Wholesale Into Electric emergency motion to stay the March 21,
Any person desiring to be heard or to Energy and/or Capacity Markets in the 2003, order in the United States Court
Pacific Northwest, Including Parties to of Appeals for the Fifth Circuit. Enron
protest this filing should file with the
the Western Systems Power Pool states that it seeks only one thing: that
Federal Energy Regulatory Commission,
Agreement, Respondent (Not all Enron e-mails posted on the
888 First Street, NE., Washington, DC
Consolidated); Notice Regarding Commission’s Web site be removed for
20426, in accordance with rules 211 and
Public Accessibility of Data and a period of 10 days, or for such longer
214 of the Commission’s rules of
Further Requests for Comments period as the Court may deem
practice and procedure (18 CFR 385.211
and 385.214). Protests will be appropriate, so that certain information
April 7, 2003.
considered by the Commission in could be removed from the e-mails.
On March 5, 2003, the Commission The Commission hereby gives notice
determining the appropriate action to be issued a notice that it intended to that it will remove temporarily, until
taken, but will not serve to make release to the public information April 24, 2003, Enron emails from the
protestants parties to the proceeding. collected in its investigation into agency’s web site. During that time, the
Any person wishing to become a party manipulation of energy prices in the Commission will consider any requests
must file a motion to intervene. The West, and sought, by March 12, 2003, that certain personal information or
answer to the complaint and all comments from those companies and information with security implications
comments, interventions or protests individuals who submitted information be permanently removed from public
must be filed on or before the comment during the course of the investigation. accessibility. With respect to claims
date. This filing is available for review Eighteen companies or organizations, as regarding supposed trade secrets, the
at the Commission in the Public well as the United States Attorney for Commission has already considered and
Reference Room or may be viewed on the Southern District of Texas, filed denied requests that such information
the Commission’s Web site at http:// comments or otherwise responded. should be removed.
www.ferc.gov using the ‘‘FERRIS’’ link. Enron Corporation was not among those The Commission stresses that all
Enter the docket number excluding the respondents. On March 21, 2003, the comments filed in response to this
last three digits in the docket number Commission issued an order addressing notice must be detailed and specific,
field to access the document. For the comments and responses to its and should provide sufficient
assistance, please contact FERC Online March 12, 2003, notice, and further information that the documents can be
Support at announced that it would release the readily located. Generalized comments
FERCOnlineSupport@ferc.gov or toll- information, except as noted in the or concerns will not be considered
free at (866) 208–3676, or for TTY, order, in no less than five days after sufficient grounds for removal of
contact (202) 502–8659. The answer to issuance of the order. One exception to information from public accessability.
the complaint, comments, protests and the release was personal personnel All comments must be filed by April 17,
interventions may be filed electronically information that was raised by three of 2003.
via the Internet in lieu of paper; see 18 the commenters. In this regard, the Comments due: April 17, 2003.
CFR 385.2001(a)(1)(iii) and the Commission asked that companies or
instructions on the Commission’s Web individuals provide specifics by March Magalie R. Salas,
site under the ‘‘e-Filing’’ link. The 24, 2003, so that such information could Secretary.
Commission strongly encourages be excluded from the public release. [FR Doc. 03–9096 Filed 4–11–03; 8:45 am]
electronic filings. One company provided such details. BILLING CODE 6717–01–P

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17934 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

DEPARTMENT OF ENERGY (202) 502–8659. The Commission filing is available for review at the
strongly encourages electronic filings. Commission in the Public Reference
Federal Energy Regulatory See 18 CFR 385.2001(a)(1)(iii) and the Room or may be viewed on the
Commission instructions on the Commission’s Web Commission’s Web site at http://
[Docket No. RP03–324–000] site under the ‘‘e-Filing’’ link. www.ferc.gov using the ‘‘FERRIS’’ link.
Comment Date: April 14, 2003. Enter the docket number excluding the
Southern Star Central Gas Pipeline, Magalie R. Salas,
last three digits in the docket number
Inc.; Notice of Tariff Filing field to access the document. For
Secretary.
assistance, please contact FERC Online
April 3, 2003. [FR Doc. 03–9098 Filed 4–11–03; 8:45 am] Support at
Take notice that on March 31, 2003, BILLING CODE 6717–01–P FERCOnlineSupport@ferc.gov or toll-
Southern Star Central Gas Pipeline, Inc. free at (866) 208–3676, or TTY, contact
(Southern Star) tendered for filing as (202) 502–8659. The Commission
part of its FERC Gas Tariff, Original DEPARTMENT OF ENERGY strongly encourages electronic filings.
Volume No.1, Original Sheet No. 0 See 18 CFR 385.2001(a)(1)(iii) and the
through Original Sheet No. 514, to Federal Energy Regulatory
Commission instructions on the Commission’s Web
become effective April 30, 2003. site under the ‘‘e-Filing’’ link.
Southern Star states that the purpose [Docket No. RP96–312–120] Comment Date: April 14, 2003.
of this filing is to restate Southern Star’s
FERC Gas Tariff, Original Volume No. 1 Tennessee Gas Pipeline Company; Magalie R. Salas,
to reflect its name change to Southern Notice of Negotiated Rates Secretary.
Star Central Gas Pipeline, LLC rather [FR Doc. 03–9101 Filed 4–11–03; 8:45 am]
than Williams Gas Pipelines Central, April 7, 2003.
BILLING CODE 6717–01–P
Inc. as currently on file with the Take notice that on March 31, 2003,
Commission. Southern Star states that Tennessee Gas Pipeline Company
the instant filing reflects the change to (Tennessee), tendered for filing: (1) A DEPARTMENT OF ENERGY
Southern Star, the repagination of tariff Gas Transportation Agreement between
sheets and minor modifications to the Tennessee and BP Energy Company Federal Energy Regulatory
text of various tariff sheets to reflect the (BP), dated January 1, 2003; (2) a Firm Commission
repagination. Southern Star also states Transportation Negotiated Rate Letter
that the instant filing makes no changes Agreement between Tennessee and BP, [Docket No. CP03–72–000]
to the Rates, Rate Schedules, General dated January 8, 2003; (3) a Gas
Terms and Conditions or Form of Transportation Agreement between Transcontinental Gas Pipe Line
Service Agreements. Tennessee and Consolidated Edison Corporation; Notice of Application
Southern Star further states that Energy, Inc. (CON ED), dated September
copies of the transmittal letter and 5, 2002; and (4) a Firm Transportation April 8, 2003.
appendices (excluding Appendix C) are Negotiated Rate Letter Agreement Take notice that on March 27, 2003,
being mailed to Southern Star’s between Tennessee and CON ED, dated Transcontinental Gas Pipe Line
jurisdictional customers and interested February 11, 2003. The filed agreements Corporation (Transco), filed in Docket
state commissions. represent negotiated rate arrangements No. CP03–72–000, an application, in
Any person desiring to be heard or to between Tennessee and BP, and abbreviated form, pursuant to Section
protest said filing should file a motion Tennessee and CON ED, for which 7(b) of the Natural Gas Act, as amended,
to intervene or a protest with the Tennessee is requesting Commission and the Rules and Regulations of the
Federal Energy Regulatory Commission, approval, effective May 1, 2003. In Federal Energy Regulatory Commission
888 First Street, NE., Washington, DC addition, Tennessee states that the (Commission), for an order permitting
20426, in accordance with sections negotiated rate arrangements are being and approving abandonment of certain
385.314 or 385.211 of the Commission’s filed in compliance the Commission’s firm sales service provided to Virginia
rules and regulations. All such motions ‘‘Order Issuing the Certificates and Natural Gas, Inc. (VNG) under Transco’s
or protests must be filed in accordance Approving Abandonments’’ issued on Rate Schedule FS, as more fully set forth
with section 154.210 of the June 28, 2002, in Docket Nos. CP02–46 in the application which is on file with
Commission’s regulations. Protests will and CP02–47. Dominion Transmission, the Commission and open to public
be considered by the Commission in Inc., et al., 99 FERC • 61,367 (2002). inspection.
determining the appropriate action to be Any person desiring to be heard or to In such application, Transco states
taken, but will not serve to make protest said filing should file a motion that it entered into a firm sales
protestants parties to the proceedings. to intervene or a protest with the agreement with United Cities Gas
Any person wishing to become a party Federal Energy Regulatory Commission, Company, South Carolina Division, on
must file a motion to intervene. This 888 First Street, NE., Washington, DC August 1, 1991, under which Transco
filing is available for review at the 20426, in accordance with sections sells gas to VNG, successor to United
Commission in the Public Reference 385.314 or 385.211 of the Commission’s Cities Gas Company, under Rate
Room or may be viewed on the rules and regulations. All such motions Schedule FS, with Buyer’s Daily Sales
Commission’s Web site at http:// or protests must be filed in accordance Entitlement amount listed on Exhibit
www.ferc.gov using the ‘‘FERRIS’’ link. with section 154.210 of the ‘‘A’’ to the agreement (FS Agreement).
Enter the docket number excluding the Commission’s regulations. Protests will In accordance with Paragraph 1 of
last three digits in the docket number be considered by the Commission in Article IV of the FS Agreement, Transco
field to access the document. For determining the appropriate action to be delivers gas to VNG at various upstream
assistance, please contact FERC Online taken, but will not serve to make points of delivery. Transco acts as agent
Support at protestants parties to the proceedings. for Piedmont for the purpose of
FERCOnlineSupport@ferc.gov or toll- Any person wishing to become a party arranging for the transportation of gas
free at (866) 208–3676, or TTY, contact must file a motion to intervene. This purchased from the points of delivery to

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17935

the points of redelivery identified in the substitution therefore of place holder 8, 2001, requesting the Commission’s
FS Agreement. tariff sheets. These tariff sheets authorization to amend the project
In the instant application, Transco summarize negotiated rate transactions license. An environmental assessment
seeks authorization to abandon the FS that have terminated. Vector requests an (EA) is available for public review. The
Agreement to VNG, effective April 1, effective date of April 1, 2003, for the EA analyzes the environmental impacts
2004, pursuant to Piedmont’s election to withdrawal. Vector further requests a of approving Alabama Power
terminate its FS Agreement. waiver of the 30-day notice period so Company’s (licensee for the Yates/
Transco states that the Primary Term that the proposed place holder tariff Thurlow Project, FERC No. 2407)
of the FS Agreement ended on March sheets can go into effect on April 1, request to amend the project license to
31, 2001. By letter dated March 6, 2002, 2003. increase the generation capacity and
VNG provided Transco with a two-year Any person desiring to be heard or to hydraulic capacity to the as-built
notice to terminate the subject FS protest said filing should file a motion capacities.
Agreement as of April 1, 2004. to intervene or a protest with the A copy of the EA is available for
Any person desiring to be heard or to Federal Energy Regulatory Commission, review at the Commission or may be
protest said filing should file a motion 888 First Street, NE., Washington, DC viewed on the Commission’s Web site at
to intervene or a protest with the 20426, in accordance with sections http://www.ferc.gov, using the
Federal Energy Regulatory Commission, 385.314 or 385.211 of the Commission’s ‘‘FERRIS’’ link. Enter the docket number
888 First Street, NE., Washington, DC rules and regulations. All such motions excluding the last three digits in the
20426, in accordance with Sections or protests must be filed in accordance docket number filed to access the
385.314 or 385.211 of the Commission’s with section 154.210 of the document. For assistance, contact FERC
Rules and Regulations. All such motions Commission’s regulations. Protests will Online Support at
or protests must be filed on or before the be considered by the Commission in FERCOnlineSupport@ferc.gov or toll-
comment date. Protests will be determining the appropriate action to be free at (866) 208–3676, or for TTY,
considered by the Commission in taken, but will not serve to make contact (202) 502–8659.
determining the appropriate action to be protestants parties to the proceedings. Anyone may file comments on the
taken, but will not serve to make Any person wishing to become a party EA. The public, Federal and State
protestants parties to the proceedings. must file a motion to intervene. This resource agencies are encouraged to
Any person wishing to become a party filing is available for review at the provide comments. All written
must file a motion to intervene. This Commission in the Public Reference comments must be filed within 45 days
filing is available for review at the Room or may be viewed on the of the issuance date of this notice shown
Commission in the Public Reference Commission’s Web site at http:// above. Send an original and eight copies
Room or may be viewed on the www.ferc.gov using the ‘‘FERRIS’’ link. of all comments marked with the docket
Commission’s Web site at http:// Enter the docket number excluding the number P–2407–060 to: The Secretary,
www.ferc.gov using the ‘‘FERRIS’’ link. last three digits in the docket number Federal Energy Regulatory Commission,
Enter the docket number excluding the field to access the document. For 888 First Street, NE., Washington, DC
last three digits in the docket number assistance, please contact FERC Online 20426. If you have any questions
field to access the document. For Support at regarding this notice, please contact
assistance, please contact FERC Online FERCOnlineSupport@ferc.gov or toll- Sean Murphy at telephone: (202) 502–
Support at free at (866) 208–3676, or TTY, contact 6145 or email: sean.murphy@ferc.gov.
FERCOnlineSupport@ferc.gov or toll- (202) 502–8659. The Commission
Magalie R. Salas,
free at (866) 208–3676, or TTY, contact strongly encourages electronic filings.
(202) 502–8659. The Commission Secretary.
See 18 CFR 385.2001(a)(1)(iii) and the
strongly encourages electronic filings. instructions on the Commission’s Web [FR Doc. 03–9095 Filed 4–11–03; 8:45 am]
See 18 CFR 385.2001(a)(1)(iii) and the site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P
instructions on the Commission’s Web Comment Date: April 14, 2003.
site under the ‘‘e-Filing’’ link.
Magalie R. Salas, DEPARTMENT OF ENERGY
Comment Date: April 28, 2003.
Secretary.
Magalie R. Salas, [FR Doc. 03–9099 Filed 4–11–03; 8:45 am] Federal Energy Regulatory
Secretary. BILLING CODE 6717–01–P
Commission
[FR Doc. 03–9105 Filed 4–11–03; 8:45 am] [Docket No. CP03–13–000]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY Northwest Pipeline Corporation; Notice
of Availability of the Environmental
DEPARTMENT OF ENERGY Federal Energy Regulatory Assessment for the Proposed
Commission Clackamas River Project
Federal Energy Regulatory
[Project Nos. 2407–060]
Commission April 7, 2003.
Alabama Power Company; Notice of The staff of the Federal Energy
[Docket No. RP03–331–000]
Availability of Environmental Regulatory Commission (FERC or
Vector Pipeline L.P.; Notice of Assessment Commission) has prepared an
Proposed Withdrawal of Tariff Sheets environmental assessment (EA) on the
April 7, 2003. natural gas pipeline facilities proposed
April 7, 2003. In accordance with the National to be abandoned by Northwest Pipeline
Take notice that on April 1, 2003, Environmental Policy Act of 1969 and Corporation (Northwest) in the above-
Vector Pipeline L.P. (Vector), gave the Federal Energy Regulatory referenced docket.
notice of the withdrawal of Original Commission’s (Commission’s) The EA was prepared to satisfy the
Sheet Nos. 173 and 174 of its FERC Gas regulations, the Office of Energy Projects requirements of the National
Tariff, Volume No. 1 and the has reviewed the application filed June Environmental Policy Act. The staff

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17936 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

concludes that approval of the proposed become a party to the proceeding must of exempt and prohibited off-the-record
project, with appropriate mitigating file a motion to intervene pursuant to communications.
measures, would not constitute a major rule 214 of the Commission’s rules of Order No. 607 (64 FR 51222,
Federal action significantly affecting the practice and procedures (18 CFR September 22, 1999) requires
quality of the human environment. 385.214). Only intervenors have the Commission decisional employees, who
The EA assesses the potential right to seek rehearing of the make or receive an exempt or a
environmental effects of: Commission’s decision.
• Abandoning in place a 5,850-foot- Affected landowners and parties with prohibited off-the-record
long segment of pipeline on the north environmental concerns may be granted communication relevant to the merits of
side of Clackamas River; intervenor status upon showing good a contested on-the-record proceeding, to
• Abandoning by removal a 370-foot- cause by stating that they have a clear deliver a copy of the communication, if
long segment of pipeline in the and direct interest in this proceeding written, or a summary of the substance
Clackamas River. No disturbance of which would not be adequately of any oral communication, to the
Northwest’s parallel 20-inch-diameter represented by any other parties. You do Secretary.
loop is required; not need intervenor status to have your Prohibited communications will be
• Abandoning in place a 1,267-foot- comments considered. included in a public, non-decisional file
long segment of pipeline on the south The EA has been placed in the public associated with, but not part of, the
side of the Clackamas River; and files of the FERC. A limited number of decisional record of the proceeding.
• Constructing and operating a copies of the EA are available for Unless the Commission determines that
temporary pig launching facility within distribution and public inspection at: the prohibited communication and any
the existing fenced-in yard of the Federal Energy Regulatory Commission, responses thereto should become part of
Southeast Portland Meter Station and a Public Reference and Files Maintenance the decisional record, the prohibited off-
temporary pig receiving facility just Branch, 888 First Street, NE., Room 2A,
north of the Oregon City Compressor the-record communication will not be
Washington, DC 20426, (202) 502–8371. considered by the Commission in
Station. Copies of the EA have been mailed to
The purpose of the proposed project reaching its decision. Parties to a
Federal, State and local agencies, public
is to remove a hazard (an exposed proceeding may seek the opportunity to
interest groups, interested individuals,
pipeline) from the Clackamas River. newspapers, and parties to this respond to any facts or contentions
Any person wishing to comment on proceeding. made in a prohibited off-the-record
the EA may do so. To ensure Additional information about the communication, and may request that
consideration prior to a Commission project is available from the the Commission place the prohibited
decision on the proposal, it is important Commission’s Office of External Affairs, communication and responses thereto
that we receive your comments before at 1–866–208-FERC or on the FERC in the decisional record. The
the date specified below. Please Internet Web site (http://www.ferc.gov) Commission will grant such requests
carefully follow these instructions to using the FERRIS link. Click on the only when it determines that fairness so
ensure that your comments are received FERRIS link, enter the docket number requires. Any person identified below as
in time and properly recorded: excluding the last three digits in the having made a prohibited off-the-record
• Send two copies of your comments Docket Number field. Be sure you have communication should serve the
to: Secretary, Federal Energy Regulatory selected an appropriate date range. For document on all parties listed on the
Commission, 888 First St., NE., Room assistance, contact FERC Online official service list for the applicable
1A, Washington, DC 20426; Support at proceeding in accordance with rule
• Label one copy of the comments for FERCOnlineSupport@ferc.gov or toll- 2010, 18 CFR 385.2010.
the attention of the Gas free at (866) 208–3676, or for TTY,
Branch 2, PJ11.2; Exempt off-the-record
contact (202)5 02–8659. The FERRIS
• Reference Docket No. CP03–013– communications will be included in the
link on the FERC Internet website also decisional record of the proceeding,
000; and
• Mail your comments so that they provides access to the texts of formal
unless the communication was with a
will be received in Washington, DC on documents issued by the Commission,
cooperating agency as described by 40
or before May 5, 2003. such as orders, notices, and
CFR 1501.6, made under 18 CFR
Please note that we are continuing to rulemakings.
385.2201(e)(1)(v).
experience delays in mail deliveries Magalie R. Salas, The following is a list of prohibited
from the U.S. Postal Service. The Secretary. and exempt communications recently
Commission strongly encourages [FR Doc. 03–9090 Filed 4–11–03; 8:45 am]
electronic filing of any comments or received in the Office of the Secretary.
interventions or protests to this
BILLING CODE 6717–01–P The communications listed are grouped
proceeding. See 18 CFR by docket numbers. These filings are
385.2001(a)(1)(iii) and the instructions available for review at the Commission
DEPARTMENT OF ENERGY in the Public Reference Room or may be
on the Commission’s Web site at http:/
/www.ferc.gov under the ‘‘e-Filing’’ link Federal Energy Regulatory viewed on the Commission’s Web site at
and the link to the User’s Guide. Before Commission http://www.ferc.gov using the ‘‘FERRIS’’
you can file comments you will need to link. Enter the docket number excluding
[Docket No. RM98–1–000] the last three digits in the docket
create a free account which can be
created by clicking on ‘‘Login to File’’ number field to access the document.
Regulations Governing Off-the-Record
and then ‘‘New User Account.’’ Communications; Public Notice For assistance, please contact FERC
Comments will be considered by the Online Support at
Commission but will not serve to make April 7, 2003. FERCOnlineSupport@ferc.gov or toll-
the commentor a party to the This constitutes notice, in accordance free at (866) 208–3676, or for TTY,
proceeding. Any person seeking to with 18 CFR 385.2201(h), of the receipt contact (202) 502–8659.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17937

Docket number Date filed Presenter or requester

Prohibited:
CP02–396–000 ...................................................................................................... 4–4–03 Retha Warren
2. CP02–396–000 .................................................................................................. 4–4–03 Retha Warren
Exempt:
1. Project No. 5018–004 ........................................................................................ 4–3–03 Shannon Dunn/Stephen Kulik
2. Project No. 5018–004 ........................................................................................ 4–3–03 Shannon Dunn/Scott Ryan

Magalie R. Salas, Federal Holidays, from 9 a.m. to 5:30 4:30 p.m., Monday through Friday,
Secretary. p.m. excluding legal holidays. The telephone
[FR Doc. 03–9097 Filed 4–11–03; 8:45 am] SUPPLEMENTARY INFORMATION: number for the Public Reading Room is
BILLING CODE 6717–01–P (202) 566–1744, and the telephone
I. General Information number for the Office of Water Docket
A. Does This Action Apply to Me? is (202) 566–2426.
2. Electronic Access. You may access
ENVIRONMENTAL PROTECTION You may be potentially affected by this Federal Register document
AGENCY this action if you are a public water electronically through the EPA Internet
system. Public water systems are those under the Federal Register listings at
[FRL–7482–9] systems that provide piped water for http://www.epa.gov/fedrgstr/.
human consumption to at least 15 An electronic version of the public
Agency Information Collection service connections or serve an average
Activities: Proposed Collection; docket is available through EPA’s
of at least 25 people for at least 60 days electronic public docket and comment
Comment Request; Drinking Water each year. Therefore, respondents will
Regulations Compliance and Cost system, EPA Dockets. You may use EPA
be both traditional water systems as Dockets at http://www.epa.gov/edocket/
Retrospective Survey well as water suppliers that do not to submit or view public comments,
AGENCY: Environmental Protection supply water as their primary business. access the index listing of the contents
Agency. Potentially affected categories and of the official public docket, and to
ACTION: Notice.
entities may include, but are not limited access those documents in the public
to: docket that are available electronically.
SUMMARY: In compliance with the Once in the system, select ‘‘search,’’
Paperwork Reduction Act (44 U.S.C. NAICS then key in the appropriate docket
Type of business code
3501 et seq.), this notice announces that identification number.
the Environmental Protection Agency Investor-Owned Water Systems ....... 22131 Certain types of information will not
(EPA) is planning to submit the Publicly Owned Water Systems ....... 92411 be placed in the EPA Dockets.
following proposed Information Information claimed as CBI and other
Collection Request (ICR) to the Office of This table lists the types of entities information whose disclosure is
Management and Budget (OMB): that EPA is now aware of that could restricted by statute, which is not
Drinking Water Regulations Compliance potentially be affected. Other types of included in the official public docket,
and Cost Retrospective Survey (EPA ICR entities not listed in this table could will not be available for public viewing
No. 2101.01). Before submitting the ICR also be affected. If you have questions in EPA’s electronic public docket. EPA’s
to OMB for review and approval, EPA regarding the applicability of this action policy is that copyrighted material will
is soliciting comments on specific to a particular entity, consult one of the not be placed in EPA’s electronic public
aspects of the proposed information persons listed in the preceding FOR docket but will be available only in
collection as described as follows. FURTHER INFORMATION CONTACT section. printed, paper form in the official public
DATES: Comments must be submitted on docket. Although not all docket
B. How Can I Get Copies of the ICR materials may be available
or before June 13, 2003. Supporting Statement and Other electronically, you may still access any
ADDRESSES: Comments may be Related Information? of the publicly available docket
submitted electronically, by mail, or 1. Docket. EPA has established an materials through the docket facility
through hand delivery/courier. Send official public docket for this ICR under identified in section I.B.
comments to Water Docket, Docket ID No. OW–2002–0051. The For public commenters, it is
Environmental Protection Agency, Mail official public docket consists of the important to note that EPA’s policy is
Code 4101T, 1200 Pennsylvania Ave., documents specifically referenced in the that public comments, whether
NW., Washington, DC, 20460, Attention ICR, any public comments received, and submitted electronically or in paper,
Docket ID No. OW–2002–0051. Follow other information related to this ICR. will be made available for public
the detailed instructions as provided in Although a part of the official docket, viewing in EPA’s electronic public
section I.C. of the SUPPLEMENTARY the public docket does not include docket as EPA receives them and
INFORMATION section. Confidential Business Information (CBI) without change, unless the comment
FOR FURTHER INFORMATION CONTACT: John or other information whose disclosure is contains copyrighted material, CBI, or
Bennett of the EPA Office of Ground restricted by statute. The official public other information whose disclosure is
Water and Drinking Water at (202) 564– docket is the collection of materials that restricted by statute. When EPA
4690, or by facsimile: (202) 564–3760, or is available for public viewing at the identifies a comment containing
e-mail: bennett.johnb@epa.gov. For Water Docket in the EPA Docket Center, copyrighted material, EPA will provide
general information, contact the Safe (EPA/DC) EPA West, Room B102, 1301 a reference to that material in the
Drinking Water Hotline, (800) 426–4791. Constitution Ave., NW., Washington, version of the comment that is placed in
The Safe Drinking Water Hotline is open DC. The EPA Docket Center Public EPA’s electronic public docket. The
Monday through Friday, excluding Reading Room is open from 8:30 a.m. to entire printed comment, including the

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17938 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

copyrighted material, will be available ‘‘anonymous access’’ system, which 8. To ensure proper receipt by EPA,
in the public docket. means EPA will not know your identity, identify the appropriate docket
Public comments submitted on e-mail address, or other contact identification number in the subject line
computer disks that are mailed or information unless you provide it in the on the first page of your response. It
delivered to the docket will be body of your comment. would also be helpful if you provided
transferred to EPA’s electronic public ii. E-mail. Comments may be sent by the name, date, and Federal Register
docket. Public comments that are electronic mail (e-mail) to OW– citation related to your comments.
mailed or delivered to the Docket will Docket@epa.gov, Attention Docket ID
be scanned and placed in EPA’s II. What Information Collection
No. OW–2002–0051. In contrast to
electronic public docket. Where Activity or ICR Does This Action Apply
EPA’s electronic public docket, EPA’s e-
practical, physical objects will be to?
mail system is not an ‘‘anonymous
photographed, and the photograph will access’’ system. If you send an e-mail EPA is seeking comments on the
be placed in EPA’s electronic public comment directly to the Docket without following ICR:
docket along with a brief description going through EPA’s electronic public Title: Drinking Water Regulations
written by the docket staff. docket, EPA’s e-mail system Compliance and Cost Retrospective
C. How and to Whom Do I Submit automatically captures your e-mail Survey (EPA ICR No. 2101.01).
Comments? address. E-mail addresses that are Abstract: The Safe Drinking Water Act
automatically captured by EPA’s e-mail (SDWA) (1412(b)) requires EPA to
You may submit comments system are included as part of the
electronically, by mail, or through hand analyze the costs related to the
comment that is placed in the official promulgation of drinking water
delivery/courier. To ensure proper
public docket, and made available in regulations. Since the reauthorization of
receipt by EPA, identify the appropriate
EPA’s electronic public docket. SDWA in 1996, EPA has proposed and
docket identification number in the
iii. Disk or CD ROM. You may submit promulgated national primary drinking
subject line on the first page of your
comments on a disk or CD ROM that water regulations for several
comment. Please ensure that your
you mail to the mailing address contaminants. Each of these final and
comments are submitted within the
specified comment period. Comments identified in section I.C.2. These proposed rules has a supporting
received after the close of the comment electronic submissions will be accepted ‘‘Economic Analysis,’’ which includes
period will be marked ‘‘late.’’ EPA is not in WordPerfect or ASCII file format. an analysis of compliance costs. The
required to consider these late Avoid the use of special characters and cost analysis includes capital and
comments. any form of encryption. operations and maintenance (O&M)
1. Electronically. If you submit an 2. By Mail. Send an original and three costs for treatment and other
electronic comment as prescribed copies of your comments to: Water compliance measures taken by systems
below. EPA recommends that you Docket, Environmental Protection with Maximum Contaminant Level
include your name, mailing address, Agency, Mail Code: 4101T, 1200 (MCL) violations or from systems that
and an e-mail address or other contact Pennsylvania Ave., NW., Washington, are subject to treatment technique
information in the body of your DC, 20460, Attention Docket ID No. requirements, as well as costs related to
comment. Also include this contact OW–2002–0051. start-up, training and monitoring for all
information on the outside of any disk 3. By Hand Delivery or Courier. regulated systems.
or CD ROM you submit, and in any Deliver your comments to: Water Key to the accurate estimation of costs
cover letter accompanying the disk or Docket, Environmental Protection is an understanding of the compliance
CD ROM. This ensures that you can be Agency, EPA West, Room B102, 1301 decision process of Public Water
identified as the submitter of the Constitution Ave., NW., Washington, Systems (PWS). In this survey, EPA’s
comment and allows EPA to contact you DC, Attention Docket ID No. OW–2002– Office of Ground Water and Drinking
in case EPA cannot read your comment 0051. Such deliveries are only accepted Water (OGWDW) plans to collect
due to technical difficulties or needs during the Docket’s normal hours of information from PWSs on their
further information on the substance of operation as identified in Section I.B.1. compliance decisions and associated
your comment. EPA’s policy is that EPA D. What Should I Consider as I Prepare costs for a set of rulemakings. A
will not edit your comment, and any My Comments for EPA? compliance decision is a decision made
identifying or contact information in direct response to the
provided in the body of a comment will You may find the following implementation of a drinking water
be included as part of the comment that suggestions helpful for preparing your regulation to come into compliance with
is placed in the official public docket, comments: the regulation. Examples of compliance
and made available in EPA’s electronic 1. Explain your views as clearly as decisions include installing a new
public docket. If EPA cannot read your possible. treatment technology; modifying an
comment due to technical difficulties 2. Describe any assumptions that you existing treatment technology; using a
and cannot contact you for clarification, used. non-treatment approach; and, finding a
EPA may not be able to consider your 3. Provide any technical information new water source. EPA plans to collect
comment. and/or data you used that support your information on which compliance
i. EPA Dockets. Your use of EPA’s views. alternatives were considered, and which
electronic public docket to submit 4. If you estimate potential burden or were chosen from that set of
comments to EPA electronically is costs, explain how you arrived at your alternatives, along with information on
EPA’s preferred method for receiving estimate. associated capital, operating and
comments. Go directly to EPA Docket at 5. Provide specific examples to maintenance, and add-on costs.
http://www.epa.gov/edocket, and follow illustrate your concerns. Responses are voluntary and will not be
the online instructions for submitting 6. Offer alternatives. considered confidential. EPA plans to
comments. Once in the system, select 7. Make sure to submit your use the results of the survey to update
‘‘search,’’ and then key in Docket ID No. comments by the comment period its cost estimation process for future
OW–2002–0051. The system is an deadline identified. rulemakings.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17939

The survey will target systems in two notice. EPA anticipates that the only ENVIRONMENTAL PROTECTION
categories: systems which have had entities affected by this information AGENCY
violations of one or more chosen request will be public water systems.
rulemakings and systems which have The total number of estimated potential [FRL –7482–8]
not had violations (but have made respondents is 1,875 for the screener Science Advisory Board, Clean Air
compliance decisions to prevent a survey and 718 for the full survey. Scientific Advisory Committee,
violation). An initial short survey will Respondents to the screener survey will Notification of Public Advisory
be used to identify a sample of systems only have to respond to that survey Committee Meeting; Teleconference
that have made compliance decisions in once. Respondents to the full survey
response to the representative Consultation on Risk Analysis Plans
will only have to respond to the full for Coarse Particulate Matter (PM10–2.5)
rulemakings without actually having survey once. Some respondents,
been out of compliance. The full survey and PM10
however, will have to respond to both
(including a pilot study phase) will be the screener survey and the full survey. AGENCY: Environmental Protection
sent to these systems, as well as to a EPA estimates that 1,567 respondents Agency (EPA).
sample of systems that have recorded will respond once to the screener ACTION: Notice.
violations. We estimate that the initial survey, 410 respondents will respond
survey (known as a screener survey, once to the full survey, and 308 SUMMARY: The Environmental Protection
since it will identify respondents respondents will respond once to both Agency (EPA), Science Advisory Board
appropriate for the full survey) will the screener survey and the full survey. (SAB), announces the conduct of a
provide data from 1,875 respondents publically-accessible teleconference of
indicating whether or not they made The annual public burden for this the Clean Air Scientific Advisory
some type of compliance decision collection of information is estimated to Committee (CASAC) Particulate Matter
associated with the representative average 0.25 hours per screener survey (PM) Review Panel to review the
rulemakings. We estimate that the full response; 1 hour per full survey Agency’s risk analysis plans for coarse-
survey (including a pilot study phase), response for small public water systems; fraction PM10–2.5 and PM10.
sent to systems with and without 2 hours per full survey response for
DATES: The conference call meeting will
recorded violations, will provide data medium public water systems; and 3
hours per full survey response for large take place on Thursday, May 1, 2003,
from 718 respondents. from 10 a.m. to 12 p.m. eastern time.
An agency may not conduct or public water systems. The estimated
total annual respondent burden for Participation will be by teleconference
sponsor, and a person is not required to only.
respond to, a collection of information screener survey respondents is 469
unless it displays a currently valid OMB hours with a current annual cost of ADDRESSES: Members of the public who
control number. The OMB control $10,742; the estimated total annual wish to obtain the call-in number and
numbers for EPA’s regulations are listed respondent burden for full survey access code to participate must contact
in 40 CFR part 9 and 48 CFR chapter 15. respondents is 1,304 hours with a Ms. Delores Darden, EPA Science
The EPA would like to solicit current annual cost of $34,204. Total Advisory Board Staff, at telephone/voice
comments to: estimated annual respondent burden mail: (202) 564–2282, via e-mail at:
(i) Evaluate whether the proposed associated with the complete darden.delores@epa.gov; or at mailing
collection of information is necessary information collection effort is 1,773 address: EPA Science Advisory Board,
for the proper performance of the hours with a current annual cost of U.S. Environmental Protection Agency
functions of the Agency, including $44,946. (1400A), 1200 Pennsylvania Avenue,
whether the information will have NW., Washington, DC, 20460 (FedEx/
Burden means the total time, effort, or
practical utility; Courier Zip Code: 20004), in order to
financial resources expended by persons
(ii) Evaluate the accuracy of the register.
to generate, maintain, retain, or disclose
Agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: Any
or provide information to or for a
proposed collection of information, member of the public wishing further
including the validity of the Federal agency. This includes the time
needed to review instructions; develop, information about this conference call
methodology and assumptions used; should contact Mr. Fred Butterfield,
(iii) Enhance the quality, utility, and acquire, install, and utilize technology
and systems for the purposes of Designated Federal Officer (DFO), EPA
clarity of the information to be
collecting, validating, and verifying Science Advisory Board Staff; at
collected; and
(iv) Minimize the burden of the information, processing and telephone/voice mail: (202) 564–4561;
collection of information on those who maintaining information, and disclosing or via e-mail at:
are to respond, via the use of and providing information; adjust the butterfield.fred@epa.gov. General
appropriate automated electronic, existing ways to comply with any information concerning the CASAC or
mechanical, or other technological previously applicable instructions and the EPA Science Advisory Board can be
collection techniques or other forms of requirements; train personnel to be able found on the EPA Web site at: http://
information technology, e.g., permitting to respond to a collection of www.epa.gov/sab.
electronic submission of responses. information; search data sources; SUPPLEMENTARY INFORMATION:
complete and review the collection of 1. Summary. The Clean Air Scientific
III. What Are EPA’s Burden and Cost information; and transmit or otherwise Advisory Committee was established by
Estimates for This ICR? disclose the information. 42 U.S.C. 7409 in part to provide advice,
The following is a summary of the information and recommendations on
Dated: March 21, 2003.
burden and cost estimates associated the scientific and technical aspects of
with this proposed information Cynthia C. Dougherty, issues related to the criteria for national
collection effort. Burden and cost Director, Office of Ground Water and Drinking ambient air quality standards (NAAQS).
estimates are taken from the ICR, which Water. The CASAC Particulate Matter Review
provides a detailed explanation of the [FR Doc. 03–9046 Filed 4–11–03; 8:45 am] Panel will report to the Administrator of
burden estimates summarized in this BILLING CODE 6560–50–P EPA through the CASAC, which is

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17940 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

administratively located under the EPA Scientific Advisory Committee (EPA– Technical Documents’’ at the following
Science Advisory Board. The SAB was SAB–CASAC–ADV–02–002), located on URL address: http://www.epa.gov/ttn/
established by 42 U.S.C. 4365 to provide the EPA Science Advisory Board Web naaqs/standards/pm/s_pm_cr_td.html
independent scientific and technical site at: http://www.epa.gov/sab/pdf/ after April 9, 2003. In addition, the draft
advice, consultation, and casacadv02002.pdf. agenda for the teleconference that is the
recommendations to the EPA In response to the advice provided in subject of this notice will be posted on
Administrator on the technical basis for the May 2002 CASAC Advisory, OAQPS the EPA Science Advisory Board Web
Agency positions and regulations. Both has proposed to expand the scope of the Site at: http://www.epa.gov/sab (under
the CASAC and the SAB are Federal PM health risk analyses to include risk the ‘‘Agendas’’ subheading)
advisory committees chartered under analyses for PM10. The charge to the approximately 10 days before the
the Federal Advisory Committee Act CASAC PM Panel during their publically-accessible teleconference.
(FACA), as amended (5 U.S.C. App.). consultation on May 1, 2003, is to 4. Providing Oral or Written
The CASAC Particulate Matter Review provide feedback on the scope and Comments at SAB Meetings. It is the
Panel will comply with the provisions approach proposed by EPA for the PM10 policy of the EPA Science Advisory
of FACA and all appropriate SAB and PM10–2.5 components of the risk Board (SAB) to accept written public
procedural policies. analyses. EPA is making available the comments of any length, and to
On April 9, 2003, EPA’s Office of Air draft Risk Analysis Methodology for accommodate oral public comments
Quality Planning and Standards PM10 and PM10–2.5 to facilitate whenever possible. The EPA SAB
(OAQPS) will make available for public discussion and review of the proposed expects that public statements presented
review and comment a draft approach by the CASAC and general
at its meetings will not be repetitive of
memorandum, ‘‘Preliminary public. This draft document takes into
previously submitted oral or written
Recommended Methodology for PM10 consideration the availability of
statements. Oral Comments: In general,
and PM10–2.5 Risk Analyses in Light of reanalyses using alternative statistical
each individual or group requesting an
Reanalyzed Study Results’’ (hereafter, approaches for some PM health effect
oral presentation at a face-to-face
draft Risk Analysis Methodology for studies identified by EPA as being of
meeting will be limited to a total time
PM10 and PM10–2.5). This document high priority for policy considerations
of 10 minutes (unless otherwise
outlines the overall scope proposed for (see the following URL: http://
indicated). For conference call meetings,
the quantitative risk assessments for www.epa.gov/ncea/partmatt.htm, for
opportunities for oral comment will
PM10 and coarse-fraction PM (PM10–2.5) more information). This document
that will be conducted as part of the outlines the overall scope proposed for usually be limited to no more than three
periodic review of the NAAQS for PM, the quantitative risk assessments for minutes per speaker and no more than
pursuant to sections 108 and 109 of the PM10 and PM10–2.5 including health 15 minutes total. Interested parties
Clean Air Act (CAA). endpoints to be analyzed, health studies should contact the CASAC DFO, Mr.
2. Background. On January 28, 2002 that serve as the source of Fred Butterfield, at the telephone
(67 FR 3897), OAQPS made available for concentration-response functions, and number or e-mail address provided
public and CASAC review a draft cities to be examined. above, at least one week prior to the
document, ‘‘Proposed Methodology for Following the May 1, 2003, CASAC meeting in order to be placed on the
Particulate Matter Risk Analyses for Particulate Matter Review Panel public speaker list for the meeting.
Selected Urban Areas’’ (hereafter, draft teleconference to review the draft Risk Speakers may attend the meeting and
PM Risk Analysis Methodology), that Analysis Methodology for PM10 and provide comment up to the meeting
describes EPA’s plans and approach for PM10–2.5, EPA will prepare a technical time. Speakers should bring at least 35
conducting PM health risk analyses report describing the risk analysis copies of their comments and
primarily for fine particles (PM2.5). The methodology in greater detail and presentation slides for distribution to
PM risk analyses will be performed to including preliminary risk estimates the reviewers and public at the meeting.
assist in the preparation of the OAQPS taking into account public and CASAC Written Comments: Although the SAB
PM Staff Paper, the purpose of which is comments. The methodology and accepts written comments until the date
to evaluate the policy implications of preliminary estimates will be of the meeting (unless otherwise stated),
the key scientific and technical summarized in the next draft of the written comments should be received in
information contained in the Agency’s OAQPS PM Staff Paper, which will be the SAB Staff Office at least one week
PM Air Quality Criteria Document released for public and CASAC review prior to the meeting date so that the
(AQCD) and identify critical elements later this year. comments may be made available to the
that EPA staff believe should be Any questions concerning the draft review panel for their consideration.
considered in reviewing the PM Risk Analysis Methodology for PM10 Written comments should be supplied
NAAQS. The Staff Paper is intended to and PM10–2.5 should be directed to Mr. to Ms. Delores Darden, EPA Science
‘‘bridge the gap’’ between the scientific Harvey Richmond, OAQPS’s Health and Advisory Board Staff, at the e-mail
review contained in the AQCD and the Ecosystems Effects Group, at telephone/ address or mailing address provided
public health and welfare policy voice mail: (919) 541–5271; or via e- above, or via fax at: (202) 501–0582, in
judgments required of the Administrator mail at: richmond.harvey@epa.gov. the following formats: one hard copy
in reviewing the NAAQS. On February 3. Availability of Additional Meeting with original signature, and one
27, 2002, the CASAC PM Review Panel Materials. A copy of the draft electronic copy via e-mail (acceptable
met via public teleconference to provide memorandum, ‘‘Preliminary file format: Adobe Acrobat,
advice to EPA on the proposed Recommended Methodology for PM10 WordPerfect, Word, or Rich Text files
methodology; and, on May 23, 2002, the and PM10–2.5 Risk Analyses in Light of (in IBM–PC/Windows 95/98 format).
CASAC issued an Advisory providing Reanalyzed Study Results’’ will be Those providing written comments and
its advice to the EPA Administrator available through EPA’s Technology who attend the meeting are also asked
entitled, ‘‘Review of the Agency’s Draft Transfer Network (TTN) Web site under to bring 35 copies of their comments for
Proposed Methodology for Particulate the technical area for National Ambient public distribution. Any written
Matter Risk Analysis for Selected Urban Air Quality Standards, under the comments supplied at the meeting
Areas; an Advisory by the Clean Air heading of ‘‘Particulate Matter— should be provided to the DFO up to or

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17941

immediately following the meeting. The SUPPLEMENTARY INFORMATION: In the penalty for failing to comply with a
SAB allows a grace period of 48 hours March 3, 2003 Federal Register (68 FR collection of information subject to the
after adjournment of the public meeting 10012), EPA announced the availability Paperwork Reduction Act (PRA) that
to provide written comments supporting of, and opportunity to comment on, the does not display a valid control number.
any verbal comments stated at the Draft Final Guidelines for Carcinogen Comments are requested concerning (a)
public meeting to be made a part of the Risk Assessment (February 2003, whether the proposed collection of
public record. NCEA–F–0644A) and the draft information is necessary for the proper
5. Meeting Access. Individuals Supplemental Guidance for Assessing performance of the functions of the
requiring special accommodation to Cancer Susceptibility from Early-Life Commission, including whether the
access this teleconference should Exposure to Carcinogens (EPA/630/R– information shall have practical utility;
contact Ms. Delores Darden, EPA 03/003). The comment period was (b) the accuracy of the Commission’s
Science Advisory Board Staff, at the scheduled to close on May 1, 2003. This burden estimate; (c) ways to enhance
telephone or e-mail address provided notice extends the comment period the quality, utility, and clarity of the
above, at least five business days prior until June 2, 2003. EPA will consider all information collected; and (d) ways to
to the meeting so that appropriate comments received by this date in minimize the burden of the collection of
arrangements can be made. completing final Guidelines and information on the respondents,
Dated: April 7, 2003. supplemental guidance. including the use of automated
Vanessa T. Vu,
As announced in the Federal Register collection techniques or other forms of
on April 11, 2003, a panel of EPA’s information technology.
Director, EPA Science Advisory Board Staff
Office.
Science Advisory Board (SAB) will meet DATES: Written comments should be
to review the draft Supplemental submitted on or before June 13, 2003. If
[FR Doc. 03–9040 Filed 4–11–03; 8:45 am]
Guidance on May 12 to 14, 2003. EPA you anticipate that you will be
BILLING CODE 6560–50–P
will provide all public comments on the submitting comments, but find it
draft Supplemental Guidance that EPA difficult to do so within the period of
ENVIRONMENTAL PROTECTION has received by May 1, 2003 to the SAB time allowed by this notice, you should
AGENCY review panel prior to its meeting. advise the contact listed below as soon
Comments received by EPA by June 2, as possible.
[FRL–7483–1] 2003 but after May 1, 2003 will also be ADDRESSES: Direct all comments to Les
forwarded to the SAB for consideration Smith, Federal Communications
Notice of Extension of Public by the review panel in completing its Commission, Room 1–A804, 445 12th
Comment Period on the Draft Final report. Comments may also be Street, SW., Washington, DC 20554, or
Guidelines for Carcinogen Risk submitted directly to the SAB in the via the Internet to Leslie.Smith@fcc.gov.
Assessment and the Draft manner described in the Federal
FOR FURTHER INFORMATION CONTACT: For
Supplemental Guidance for Assessing Register notice announcing the SAB
additional information or copies of the
Cancer Susceptibility From Early-Life meeting. It is the policy of the SAB to
information collection(s) contact Les
Exposure to Carcinogens accept written comments and
Smith at 202–418–0217 or via the
accommodate oral public comments
AGENCY: Environmental Protection Internet at Leslie.Smith@fcc.gov.
wherever possible at its public
Agency (EPA). meetings. SUPPLEMENTARY INFORMATION:
ACTION: Notice of extension of public OMB Control Number: 3060–0208.
Dated: April 8, 2003. Title: Section 73.1870, Chief
comment period.
Paul Gilman, Operators.
SUMMARY: This notice extends the Assistant Administrator for Research and Form Number: N/A.
comment period for the Draft Final Development. Type of Review: Extension of a
Guidelines for Carcinogen Risk [FR Doc. 03–9048 Filed 4–11–03; 8:45 am] currently approved collection.
Assessment and the draft Supplemental BILLING CODE 6560–50–P Respondents: Business and other for-
Guidance for Assessing Cancer profit entities; Not-for-profit
Susceptibility from Early-Life Exposure institutions.
to Carcinogens. The availability of these FEDERAL COMMUNICATIONS Number of Respondents: 14,500.
documents was originally announced in COMMISION Estimated Time per Response: 26
the Federal Register on March 3, 2003 hours.
(68 FR 10012). Notice of Public Information Frequency of Response:
Collection(s) Being Reviewed by the Recordkeeping; Third party disclosure.
DATES: Comments must be received by
Federal Communications Commission Total Annual Burden: 379,407.
Monday, June 2, 2003. Total Annual Costs: $0.00.
ADDRESSES: The documents are April 4, 2003. Needs and Uses: 47 CFR 73.1870
available via the Internet from SUMMARY: The Federal Communications requires that the licensee of an AM, FM,
www.epa.gov/ncea/raf/cancer2003.htm. Commission, as part of its continuing or TV broadcast station designate a chief
Instructions for submitting comments effort to reduce paperwork burden operator of the station. Section
are provided at this website and in the invites the general public and other 73.1870(b)(3) requires that this
March 3, 2003 Federal Register notice. Federal agencies to take this designation must be in writing and
FOR FURTHER INFORMATION CONTACT: Dr. opportunity to comment on the posted with the station license. Section
William P. Wood, Risk Assessment following information collection(s), as 73.1230 requires that all licensees post
Forum (mail code 8601D), U.S. required by the Paperwork Reduction station licenses ‘‘at the place the
Environmental Protection Agency, 1200 Act of 1995, Public Law 104–13. An licensee considers the principal control
Pennsylvania Avenue NW., Washington, agency may not conduct or sponsor a point of the transmitter’’ generally at the
DC 20460, telephone 202–564–3361, or collection of information unless it transmitter site. Agreements with chief
send electronic mail inquiries to displays a current valid control number. operators serving on a contract basis
risk.forum@epa.gov. No person shall be subject to any must be in writing with a copy kept in

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17942 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

the station files. Section 73.1870(c)(3) Finance Board, Office of Supervision, Support Statement and submit it to the
requires that the chief operator, or Community Investment and Affordable Finance Board by the May 26, 2003
personnel delegated and supervised by Housing, 1777 F Street, NW., deadline prescribed in this notice. 12
the chief operator, review the station Washington, DC 20006, or by electronic CFR 944.2(b)(1)(ii) and (c). On or before
records at least once each week to mail at fitzgeralde@fhfb.gov. April 28, 2003, each Bank will notify
determine if required entries are being FOR FURTHER INFORMATION CONTACT: the members in its district that have
made correctly, and verify that the Emma J. Fitzgerald, Program Analyst, been selected for the 2002–03 fifth
station has been operated in accordance Office of Supervision, Community quarter community support review
with FCC rules and the station Investment and Affordable Housing, by cycle that they must complete and
authorization. Upon completion of the telephone at 202/408–2874, by submit to the Finance Board by the
review, the chief operator must date and electronic mail at fitzgeralde@fhfb.gov, deadline a Community Support
sign the log, initiate corrective action, or by regular mail at the Federal Statement. 12 CFR 944.2(b)(2)(i). The
which may be necessary, and advise the Housing Finance Board, 1777 F Street, member’s Bank will provide a blank
station licensee of any condition, which NW., Washington, DC 20006. Community Support Statement Form,
is repetitive. The posting of the SUPPLEMENTARY INFORMATION: which also is available on the Finance
designation of the chief operator is used Board’s web site: http://www.fhfb.gov.
by interested parties to readily identify I. Selection for Community Support Upon request, the member’s Bank also
the chief operator. The review of the Review will provide assistance in completing
station records is used by the chief Section 10(g)(1) of the Federal Home the Community Support Statement.
operator, and FCC staff in Loan Bank Act (Bank Act) requires the The Finance Board has selected the
investigations, to assure that the station Finance Board to promulgate following members for the 2002–03 fifth
is operating in accordance with its regulations establishing standards of quarter community support review
station authorization and the FCC rules community investment or service Bank cycle:
and regulations. members must meet in order to Federal Home Loan Bank of Boston—
Federal Communications Commission. maintain access to long-term advances. District 1
William F. Caton, See 12 U.S.C. 1430(g)(1). The
People’s Bank, Bridgeport, Connecticut
Deputy Secretary. regulations promulgated by the Finance Farmington Savings Bank, Farmington,
[FR Doc. 03–8969 Filed 4–11–03; 8:45 am] Board must take into account factors Connecticut
such as the Bank member’s performance Savings Bank of Manchester,
BILLING CODE 6712–01–P
under the Community Reinvestment Act Manchester, Connecticut
of 1977 (CRA), 12 U.S.C. 2901 et seq., Liberty Bank, Middletown, Connecticut
and record of lending to first-time Naugatuck Savings Bank, Naugatuck,
FEDERAL HOUSING FINANCE BOARD homebuyers. See 12 U.S.C. 1430(g)(2). Connecticut
[No. 2003–N–4] Pursuant to section 10(g) of the Bank The Citizens National Bank, Putnam,
Act, the Finance Board has promulgated Connecticut
Federal Home Loan Bank Members a community support requirements Simsbury Bank and Trust Company,
Selected for Community Support regulation that establishes standards a Simsbury, Connecticut
Review Bank member must meet in order to Windsor Federal Savings & Loan,
maintain access to long-term advances, Windsor, Connecticut
AGENCY: Federal Housing Finance and review criteria the Finance Board Windsor Locks Community Bank, FSL,
Board. must apply in evaluating a member’s Windsor Locks, Connecticut
ACTION: Notice. community support performance. See United Kingfield Bank, Bangor, Maine
12 CFR part 944. The regulation Ocean Communities Federal Credit
SUMMARY: The Federal Housing Finance Union, Biddeford, Maine
includes standards and criteria for the
Board (Finance Board) is announcing two statutory factors—CRA performance St. Joseph’s Credit Union, Biddeford,
the Federal Home Loan Bank (Bank) and record of lending to first-time Maine
members it has selected for the 2002–03 homebuyers. 12 CFR 944.3. Only The First National Bank of
fifth quarter review cycle under the members subject to the CRA must meet Damariscotta, Damariscotta, Maine
Finance Board’s community support the CRA standard. 12 CFR 944.3(b). All Gardiner Savings Institution FSB,
requirements regulation. This notice members, including those not subject to Gardiner, Maine
also prescribes the deadline by which Machias Savings Bank, Machias, Maine
CRA, must meet the first-time
Bank members selected for review must Katahdin Federal Credit Union,
homebuyer standard. 12 CFR 944.3(c).
submit Community Support Statements Millinocket, Maine
Under the rule, the Finance Board St. Croix Federal Credit Union,
to the Finance Board. selects approximately one-eighth of the
DATES: Bank members selected for the Woodland, Maine
members in each Bank district for Tremont Credit Union, Boston,
2002–03 fifth quarter review cycle community support review each
under the Finance Board’s community Massachusetts
calendar quarter. 12 CFR 944.2(a). The University Credit Union, Boston,
support requirements regulation must Finance Board will not review an Massachusetts
submit completed Community Support institution’s community support Brockton Credit Union, Brockton,
Statements to the Finance Board on or performance until it has been a Bank Massachusetts
before May 26, 2003. member for at least one year. Selection Broadway National Bank, Chelsea,
ADDRESSES: Bank members selected for for review is not, nor should it be Massachusetts
the 2002–03 fifth quarter review cycle construed as, any indication of either Dedham Co-operative Bank, Dedham,
under the Finance Board’s community the financial condition or the Massachusetts
support requirements regulation must community support performance of the Everett Credit Union, Everett,
submit completed Community Support member. Massachusetts
Statements to the Finance Board either Each Bank member selected for Worker’s Credit Union, Fitchburg,
by regular mail at the Federal Housing review must complete a Community Massachusetts

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17943

Framingham Co-operative Bank, Factory Point National Bank, First FS&LA of Bucks County, Bristol,
Framingham, Massachusetts Manchester Center, Vermont Pennsylvania
The Benjamin Franklin Savings Bank, Heritage Family Credit Union, Rutland, Alliance Bank, Broomall, Pennsylvania
Franklin, Massachusetts Vermont Sharon Savings Bank, Darby,
Dean Cooperative Bank, Franklin, Passumpsic Savings Bank, St. Pennsylvania
Massachusetts Johnsbury, Vermont ESB Bank, Ellwood City, Pennsylvania
Greenfield Savings Bank, Greenfield, County Savings Association, Essington,
Massachusetts Federal Home Loan Bank of New
Pennsylvania
UMassFive College Federal Credit York—District 2
Stonebridge Bank, Exton, Pennsylvania
Union, Hadley, Massachusetts Ocwen Federal Bank FSB, West Palm Bank of Hanover and Trust Company,
Hanscom Federal Credit Union, Beach, Florida Hanover, Pennsylvania
Hanscom AFB, Massachusetts American Savings Bank of NJ, Fox Chase Bank, Hatboro, Pennsylvania
Economy Co-operative Bank, Merrimac, Bloomfield, New Jersey Hatboro Federal Savings, Hatboro,
Massachusetts Clifton Savings Bank, S.L.A., Clifton, Pennsylvania
Mayflower Cooperative Bank, New Jersey First Federal Bank, Hazleton,
Middleborough, Massachusetts Sussex Bank, Franklin, New Jersey Pennsylvania
Millbury Federal Credit Union, First Hope Bank, a national banking William Penn Savings and Loan
Millbury, Massachusetts association, Hope, New Jersey Association, Levittown, Pennsylvania
Compass Bank for Savings, New Magyar Savings Bank, New Brunswick, Willow Grove Bank, Maple Glen,
Bedford, Massachusetts New Jersey Pennsylvania
First Citizens’ Federal Credit Union, Lusitania Savings Bank, fsb, Newark, First Keystone Federal Savings Bank,
New Bedford, Massachusetts New Jersey Media, Pennsylvania
North Shore Bank, A Co-Operative Roebling Bank, Roebling, New Jersey Morton Savings Bank, Morton,
Bank, Peabody, Massachusetts Penn Federal Savings Bank, West Pennsylvania
Berkshire Bank, Pittsfield, Orange, New Jersey Nesquehoning Savings Bank,
Massachusetts Monroe Savings Bank, S.L.A., Nesquehoning, Pennsylvania
The Pittsfield Cooperative Bank, Williamstown, New Jersey Third Federal Bank, Newtown,
Pittsfield, Massachusetts Franklin Savings Bank, Woodstown, Pennsylvania
Sharon Co-operative Bank, Sharon, New Jersey Malvern Federal Savings Bank, Paoli,
Massachusetts BSB Bank & Trust Company, Pennsylvania
Slade’s Ferry Trust Company, Somerset, Binghamton, New York First Savings Bank of Perkasie, Perkasie,
Massachusetts Ponce De Leon Federal Bank, Bronx,
Pennsylvania
Central Cooperative Bank, Somerville, New York Asian Bank, Philadelphia, Pennsylvania
Massachusetts Atlantic Liberty Savings, Brooklyn, New
Pennsylvania Business Bank,
Savers Co-operative Bank, Southbridge, York
Philadelphia, Pennsylvania
Massachusetts Community Capital Bank, Brooklyn,
Second FS&LA of Philadelphia,
Southbridge Savings Bank, Southbridge, New York
Philadelphia, Pennsylvania
Massachusetts The Bank of Castile, Castile, New York
Stoneham Co-operative Bank, Fulton Savings Bank, Fulton, New York Washington Savings Association,
Stoneham, Massachusetts Astoria Federal Savings & Loan Philadelphia, Pennsylvania
The Martha’s Vineyard Co-operative Association, Lake Success, New York Bell FS&LA of Bellevue, Pittsburgh,
Bank, Vineyard Haven, Massachusetts Pittsford Federal Credit Union, Mendon, Pennsylvania
Ware Co-operative Bank, Ware, New York Great American Federal, Pittsburgh,
Massachusetts First Federal Savings of Middletown, Pennsylvania
United Cooperative Bank, West Middletown, New York National City Bank of Pennsylvania,
Springfield, Massachusetts Amalgamated Bank, New York, New Pittsburgh, Pennsylvania
Westfield Savings Bank, Westfield, York Progressive Home FS&LA, Pittsburgh,
Massachusetts United Orient Bank, New York, New Pennsylvania
Winthrop Federal Credit Union, York Patriot Bank, Pottstown, Pennsylvania
Winthrop, Massachusetts Northfield Savings Bank, Staten Island, The Quakertown National Bank,
Flagship Bank and Trust Company, New York Quakertown, Pennsylvania
Worcester, Massachusetts Empire Federal Credit Union, Syracuse, Mercer County State Bank, Sandy Lake,
Connecticut River Bank N.A. New York Pennsylvania
Charleston, New Hampshire Wallkill Valley FS&LA, Wallkill, New North Penn Savings & Loan Association,
Claremont Savings, Claremont, New York Scranton, Pennsylvania
Hampshire The Bank & Trust of Puerto Rico, San Penn Security Bank, & Trust Company,
Triangle Credit Union, Nashua, New Juan, Puerto Rico Scranton, Pennsylvania
Hampshire Slovenian S&LA of Canonsburg,
Sugar River Savings Bank, Newport, Federal Home Loan Bank of Strabane, Pennsylvania
New Hampshire Pittsburgh—District 3 First National Bank of West Chester,
Lake Sunapee Bank, Newport, New Citicorp Trust Bank, FSB, Newark, West Chester, Pennsylvania
Hampshire Delaware First Heritage Bank, Wilkes-Barre,
Piscataqua Savings Bank, Portsmouth, Wilmington Savings Fund Society, FSB, Pennsylvania
New Hampshire Wilmington, Delaware WNB Bank, Williamsport, Pennsylvania
Service Credit Union, Portsmouth, New C & G Savings Bank, Altoona, First Century Bank, Bluefield, West
Hampshire Pennsylvania Virginia
The Washington Trust Company, Ambler Savings & Loan Association, Pioneer Community Bank, Iaeger, West
Westerly, Rhode Island Ambler, Pennsylvania Virginia
The Bank of Bennington, Bennington, First Star Savings Bank, Bethlehem, Bank of Mount Hope, Inc., Mount Hope,
Vermont Pennsylvania West Virginia

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17944 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Community Bank of Parkersburg, Old Florida Bank, Fort Myers, Florida The Peoples Bank, Eatonton, Georgia
Parkersburg, West Virginia First City Bank of Florida, Fort Walton Pinnacle Bank, N.A., Elberton, Georgia
First National Bank, Spencer, West Beach, Florida Gainesville Bank and Trust, Gainesville,
Virginia Desjardins Federal Savings Bank, Georgia
Pleasants County Bank, St. Marys, West Hallandale, Florida First Citizens Bank, Glennville, Georgia
Virginia First National Bank of South Florida, South Georgia Bank, Glennville, Georgia
Poca Valley Bank, Walton, West Homestead, Florida SunMark Community Bank,
Virginia Florida Community Bank, Immokalee, Hawkinsville, Georgia
Florida Community Trust Bank, Hiram, Georgia
Federal Home Loan Bank of Atlanta— Northeast Georgia Bank, Lavonia,
The Bank of Inverness, Inverness,
District 4 Georgia
Florida
Covington County Bank, Andalusia, Educational Community Credit Union, Peoples Bank, Lithonia, Georgia
Alabama Jacksonville, Florida The Community Bank, Loganville,
United Bank, Atmore, Alabama First Guaranty Bank and Trust Georgia
AmSouth Bank, Birmingham, Alabama Company, Jacksonville, Florida Rivoli Bank & Trust, Macon, Georgia
Bank of Alabama, Birmingham, Monticello Bank, Jacksonville, Florida First Security National Bank, Norcross,
Alabama Publix Employees FCU, Lakeland, Georgia
New South Federal Savings Bank, Florida Family Bank, Pelham, Georgia
Birmingham, Alabama First FSB of Lake County, Leesburg, The Citizens National Bank of Quitman,
Community Bank, Blountsville, Florida Quitman, Georgia
Alabama Wilcox County State Bank, Rochelle,
First Federal Savings Bank, Live Oak,
BankTrust, Brewton, Alabama Georgia
Florida
Cullman Savings Bank, Cullman, Citizens First Bank, Rome, Georgia
Commercial Bank of Florida, Miami,
Alabama Farmers and Merchants Community
Florida
Peoples Bank of North Alabama, Bank, Senoia, Georgia
Eastern National Bank, Miami, Florida Quantum National Bank, Suwanee,
Cullman, Alabama Helm Bank, Miami, Florida
First American Bank, Decatur, Alabama Georgia
Tropical Financial Credit Union, Miami, Bank of Thomas County, Thomasville,
The Citizens Bank, Enterprise, Alabama
Florida Georgia
Commerce South Bank, Eufala, Alabama
Pelican National Bank, Naples, Florida Citizens Bank & Trust, Trenton, Georgia
EvaBank, Eva, Alabama
First Gulf Bank, Gulf Shores, Alabama American National Bank, Oakland Park, Farmers and Merchants Bank,
Merchants Bank, Jackson, Alabama Florida Washington, Georgia
Farmers & Merchants Bank, Lafayette, CNL Bank, Orlando, Florida First Piedmont Bank, Winder, Georgia
Alabama First Community Bank of Palm Beach Bay-Vanguard Federal Savings Bank,
Southwest Bank of Alabama, Inc., County, Pahokee, Florida Baltimore, Maryland
McIntosh, Alabama Peoples First Community Bank, Panama Hull Federal Savings Bank, Baltimore,
Bank Trust, Mobile, Alabama City, Florida Maryland
Community Spirit Bank, Red Bay, Century Bank, a Federal Savings Bank, Ideal Federal Savings Bank, Baltimore,
Alabama Sarasota, Florida Maryland
Valley State Bank, Russellville, Alabama Highlands Independent Bank, Sebring, State Employees Credit Union,
The Peoples Bank and Trust Company, Florida Baltimore, Maryland
Selma, Alabama Eastern Financial Florida Credit Union, Susquehanna Bank, Baltimore,
Sweet Water State Bank, Sweet Water, South Florida, Florida Maryland
Alabama Raymond James Bank, FSB, St. Vigilant Federal Savings Bank,
First Federal of the South, Sylacauga, Petersburg, Florida Baltimore, Maryland
Alabama United Southern Bank, Umatilla, F&M Bank—Allegiance, Bethesda,
First Citizens Bank, Talladega, Alabama Florida Maryland
The First National Bank of Talladega, Marine Bank and Trust, Vero Beach, TMB Federal Credit Union, Cabin John,
Talladega, Alabama Florida Maryland
First United Security Bank, Sterling Bank, F.S.B., West Palm Beach, Cecil Federal Bank, Elkton, Maryland
Thomasville, Alabama Florida The Back and Middle River FS&L,
City First Bank of D.C., N.A., Montgomery County Bank, Ailey, Essex, Maryland
Washington, D. C. Georgia County National Bank, Glen Burnie,
Citrus and Chemical Bank, Bartow, Chattahoochee National Bank, Maryland
Florida Alpharetta, Georgia North Arundel FSB, FSB, Pasadena,
Mackinac Savings Bank, FSB, Boynton First Colony Bank, Alpharetta, Georgia Maryland
Beach, Florida Citizens Trust Bank, Atlanta, Georgia Provident State Bank of Preston,
First FSB of the Glades, Clewiston, First Bank of Georgia, Augusta, Georgia Preston, Maryland
Florida United Community Bank, Blairsville, IR Federal Credit Union, Riverdale,
First Bank of Clewiston, Clewiston, Georgia Maryland
Florida First National Bank of Georgia, Randolph Bank & Trust Company,
First National Bank of Crestview, Buchanan, Georgia Asheboro, North Carolina
Crestview, Florida Bank of Chickamauga, Chickamauga, First Commerce Bank, Charlotte, North
Regent Bank, Davie, Florida Georgia Carolina
Dunnellon State Bank, Dunnellon, Peoples Community Bank of Colquitt, First Union Direct Bank, N.A., Charlotte,
Florida Colquitt, Georgia North Carolina
Landmark Bank, N.A., Ft. Lauderdale, Peoples Community Bank, Colquitt, Rowan Savings Bank, SSB, China Grove,
Florida Georgia North Carolina
Premier Community Bank of South First Bank of Dalton, Dalton, Georgia Mechanics and Farmers Bank, Durham,
Florida, Ft. Lauderdale, Florida Bank of Dudley, Dudley, Georgia North Carolina

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17945

Gateway Bank & Trust Company, Second Bank & Trust, Culpeper, The Farmers Citizens Bank, Bucyrus,
Elizabeth City, North Carolina Virginia Ohio
Macon Bank, Franklin, North Carolina Apple Federal Credit Union, Fairfax, Eagle Savings Bank, Cincinnati, Ohio
First Gaston Bank of North Carolina, Virginia The Mercantile Savings Bank,
Gastonia, North Carolina Chesapeake Bank, Kilmarnock, Virginia Cincinnati, Ohio
Carolina Bank, Greensboro, North Imperial Savings and Loan Association, Union Savings Bank, Cincinnati, Ohio
Carolina Martinsville, Virginia The Winton Savings and Loan
MountainBank, Hendersonville, North Navy Federal Credit Union, Merrifield, Company, Cincinnati, Ohio
Carolina Virginia Conneaut Savings Bank, Conneaut, Ohio
Hertford Savings Bank, SSB, Hertford, Bank of the Commonwealth, Norfolk, The Commercial Bank, Delphos, Ohio
North Carolina Virginia The Fort Jennings State Bank, Fort
The Little Bank, Kinston, North Carolina Lee Bank and Trust Company, Jennings, Ohio
Industrial Federal Savings Bank, Pennington Gap, Virginia The Hamler State Bank, Hamler, Ohio
Lexington, North Carolina First , Virginia Bank—Colonial, Morgan Bank, N.A., Hudson, Ohio
Lexington State Bank, Lexington, North Richmond, Virginia The Fahey Banking Company of Marion,
Carolina The Marathon Bank, Winchester, Marion, Ohio
Liberty Savings and Loan Association, Virginia Citizens National Bank of
Liberty, North Carolina McConnelsville, McConnelsville,
First Savings and Loan Association, Federal Home Loan Bank of Ohio
Mebane, North Carolina Cincinnati—District 5 Great Lakes Bank, Mentor, Ohio
American Community Bank, Monroe, Farmers Bank & Trust Company, The American Savings Bank,
North Carolina Bardstown, Kentucky Middletown, Ohio
Mount Gilead S&LA, Mount Gilead, Wilson & Muir Bank and Trust First National Bank of New Holland,
North Carolina Company, Bardstown, Kentucky New Holland, Ohio
State Employees’ Credit Union, Raleigh, Bank of Cadiz and Trust Company, The Farmers State Bank, New
North Carolina Cadiz, Kentucky Washington, Ohio
Taylorsville Savings Bank, SSB, First National Bank, Orrville, Ohio
Bank of Columbia, Columbia, Kentucky
The Republic Banking Company,
Taylorsville, North Carolina First Federal Savings Bank, Cynthiana,
Anson Bank & Trust Company, Republic, Ohio
Kentucky
Chippewa Valley Bank, Rittman, Ohio
Wadesboro, North Carolina The Harrison Deposit Bank and Trust Mutual Federal Savings Bank, Sidney,
Waccamaw Bank, Whiteville, North Company, Cynthiana, Kentucky Ohio
Carolina Kentucky National Bank, Elizabethtown, The Security National Bank and Trust
Cooperative Bank for Svgs, Inc., SSB, Kentucky Company, Springfield, Ohio
Wilmington, North Carolina Farmers Bank, Hardinsburg, Kentucky Central Federal Savings and Loan
Loyal American Life Insurance Hancock Bank and Trust Company, Association of Wellsville, Wellsville,
Company, Cincinnati, Ohio Hawesville, Kentucky Ohio
People’s Community Bank of S.C., Peoples Bank & Trust Company of The Peoples Savings and Loan
Aiken, South Carolina Hazard, Hazard, Kentucky Company, West Liberty, Ohio
Home Federal Savings and Loan Assn, Heritage Bank, Hopkinsville, Kentucky The Union Banking Company, West
Bamberg, South Carolina Planters Bank, Inc., Hopkinsville, Mansfield, Ohio
Florence National Bank, Florence, South Kentucky Farmers State Bank, West Salem, Ohio
Carolina Bank of Jamestown, Jamestown, First Community Bank, Whitehall, Ohio
GrandSouth Bank, Fountain Inn, South Kentucky The Wilmington Savings Bank,
Carolina THE BANK—Oldham County, Inc., Wilmington, Ohio
Bank of Greeleyville, Greeleyville, LaGrange, Kentucky The Wayne Savings Community Bank,
South Carolina Leitchfield Deposit Bank and Trust Wooster, Ohio
County Bank, Greenwood, South Company, Leitchfield, Kentucky Brighton Bank, Brighton, Tennessee
Carolina Central Bank & Trust Company, Inc., Cumberland Bank, Carthage, Tennessee
Greer State Bank, Greer, South Carolina Lexington, Kentucky Highland Federal Savings and Loan
First National Bank of South Carolina, L&N Federal Credit Union, Louisville, Association Of Crossville, Crossville,
Holly Hill, South Carolina Kentucky Tennessee
Kingstree FS&LA, Kingstree, South River City Bank, Louisville, Kentucky Security Federal Bank, Elizabethton,
Carolina Farmers Bank & Trust Company of Tennessee
The Bank of Clarendon, Manning, South Marion, Kentucky, Marion, Kentucky The Lauderdale County Bank, Halls,
Carolina Monticello Banking Company, Tennessee
Southcoast Community Bank, Mt. Monticello, Kentucky Carroll Bank & Trust, Huntingdon,
Pleasant, South Carolina Pioneer Bank, Munfordville, Kentucky Tennessee
Anderson Brothers Bank, Mullins, South Central Bank of Daviess County, First National Bank, Manchester,
South Carolina Inc., Owensboro, Kentucky Tennessee
Pickens Savings & Loan Association, The Salt Lick Deposit Bank, The Coffee County Bank, Manchester,
Pickens, South Carolina Owingsville, Kentucky Tennessee
Bank of Travelers Rest, Travelers Rest, Blue Grass Federal Savings and Loan The Home Bank of Tennessee,
South Carolina Association, Paris, Kentucky Maryville, Tennessee
Napus Federal Credit Union, First Commonwealth Bank of Memphis Area Teachers’ Credit Union,
Alexandria, Virginia Prestonsburg, Inc., Prestonsburg, Memphis, Tennessee
The Blue Grass Valley Bank, Blue Grass, Kentucky The Bank of Moscow, Moscow,
Virginia Fort Knox National Bank, Radcliff, Tennessee
The Bank of Southside Virginia, Carson, Kentucky Johnson County Bank, Mountain City,
Virginia Belpre Savings Bank, Belpre, Ohio Tennessee

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17946 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Bank of Murfreesboro, Murfreesboro, Mason State Bank, Mason, Michigan The Farmers State Bank and Trust
Tennessee Community Federal Credit Union, Company, Jacksonville, Illinois
Home Banking Company, Selmer, Plymouth, Michigan First FS&LA of Kewanee, Kewanee,
Tennessee Team One Credit Union, Saginaw, Illinois
Michigan Logan County Bank, Lincoln, Illinois
Federal Home Loan Bank of Twin Oaks Savings Bank, Marseilles,
Sidney State Bank, Sidney, Michigan
Indianapolis—District 6 Illinois
Standard Federal Bank National
Bedford Federal Savings Bank, Bedford, Association, Troy, Michigan Citizens Community Bank, Mascoutah,
Indiana Flagstar Bank, Troy, Michigan Illinois
Franklin County National Bank, Research Federal Credit Union, Warren, Okaw Building and Loan, s.b., Mattoon,
Brookville, Indiana Michigan Illinois
Union Federal Savings & Loan 1st Bank, West Branch, Michigan Middletown State Bank, Middleton,
Association, Crawfordsville, Indiana Illinois
Decatur Bank and Trust Company, Federal Home Loan Bank of Chicago— Blackhawk State Bank, Milan, Illinois
Decatur, Indiana District 7 Parish Bank and Trust Company,
United Fidelity Bank, Evansville, Oxford Bank and Trust, Addison, Momence, Illinois
Indiana Illinois First State Bank of Monticello,
Fowler State Bank, Fowler, Indiana Bank of Bellwood, Bellwood, Illinois Monticello, Illinois
First Federal Savings Bank, Huntington, Heartland Bank & Trust Company, BankPlus, Morton, Illinois
Indiana Bloomington, Illinois George Washington Savings Bank, Oak
Campbell & Fetter Bank, Kendallville, Peoples Bank of Kankakee County, Lawn, Illinois
Indiana Bourbonnais, Illinois The First National Bank of Ogden,
United Community Bank, Bridgeview Bank and Trust, Bridgeview, Ogden, Illinois
Lawrenceburg, Indiana Illinois The First National Bank of Okawville,
River Valley Financial Bank, Madison, Southe Pointe Bank, Carbondale, Illinois Okawville, Illinois
Indiana United Community Bank, Chatham, First National Bank in Olney, Olney,
Fidelity FSB, Marion, Indiana Illinois Illinois
State Bank of Markle, Markle, Indiana Amalgamated Bank of Chicago, Chicago, The Edgar County Bank & Trust
First State Bank of Middlebury, Illinois Company, Paris, Illinois
Middlebury, Indiana Austin Bank of Chicago, Chicago, First FS&LA of Pekin, Pekin, Illinois
Citizens Financial Services, FSB, Illinois First National Bank in Pinckneyville,
Munster, Indiana Builders Bank, Chicago, Illinois Pinckneyville, Illinois
Regional Federal Savings Bank, New Burling Bank, Chicago, Illinois State Street Bank & Trust Company,
Albany, Indiana Community Bank of Lawndale, Chicago, Quincy, Illinois
Community Bank of Southern Indiana, Mercantile Trust and Savings Bank,
Illinois
New Albany, Indiana Quincy, Illinois
First Savings Bank of Hegewisch,
Ameriana Bank and Trust, New Castle, North County Savings Bank, Red Bud,
Chicago, Illinois
Indiana Illinois
Foster Bank, Chicago, Illinois
AmericanTrust FSB, Peru, Indiana First Crawford State Bank, Robinson,
Mid-Southern Savings Bank, FSB, State Bank of Countryside, Countryside,
Illinois
Salem, Indiana Illinois American Bank and Trust Company,
Spencer County Bank, Santa Claus, First Savings Bank, Danville, Illinois
Rock Island, Illinois
Indiana Clover Leaf Bank, Edwardsville, Illinois Stillman BancCorp, N.A., Rockford,
Jackson County Bank, Seymour, Indiana Effingham State Bank, Effingham,
Illinois
Shelby County Bank, Shelbyville, Illinois First Savanna Savings Bank, Savanna,
Indiana Illinois Community Bank, Effingham, Illinois
Sobieski Bank, South Bend, Indiana Illinois First State Bank of Shannon-Polo,
Security Federal Bank, FSB, St. John, Washington Savings Bank, Effingham, Shannon, Illinois
Indiana Illinois Security Bank, sb, Springfield, Illinois
Terre Haute Savings Bank, Terre Haute, Elgin Financial Savings Bank, Elgin, UmbrellaBank, FSB, Summit, Illinois
Indiana Illinois The National Bank & Trust Company of
Frances Slocum Bank, Wabash, Indiana First American Bank, Elk Grove Village, Sycamore, Sycamore, Illinois
Homestead Savings Bank, FSB, Albion, Illinois Alpha Community Bank, Toluca,
Michigan Forest Park National Bank & Trust Illinois
Ann Arbor Commerce Bank, Ann Arbor, Company, Forest Park, Illinois Villa Park Trust & Savings Bank, Villa
Michigan Harris Bank Frankfort, Frankfort, Illinois Park, Illinois
Charlevoix State Bank, Charlevoix, Union Savings Bank, Freeport, Illinois Citizens First State Bank, Walnut,
Michigan Central Bank Illinois, Geneseo, Illinois Illinois
Dearborn Federal Savings Bank, Bank of Gibson City, Gibson City, The Hill Dodge Banking Company,
Dearborn, Michigan Illinois Warsaw, Illinois
Financial Health Credit Union, East Northside Community Bank, Gurnee, State Bank of Waterloo, Waterloo,
Lansing, Michigan Illinois Illinois
Firstbank-Lakeview, Lakeview, UnionBank/Northwest, Hanover, Illinois Cardunal Savings Bank, FSB, West
Michigan Parkway Bank & Trust Company, Dundee, Illinois
State Employees Credit Union, Lansing, Harwood Heights, Illinois First American Credit Union, Beloit,
Michigan North Central Bank, Hennepin, Illinois Wisconsin
Independent Bank South Michigan, State Bank of Herscher, Herscher, Jackson County Bank, Black River Falls,
Leslie, Michigan Illinois Wisconsin
State Savings Bank, Manistique, First State Bank of Heyworth, Heyworth, State Bank of Cross Plains, Cross Plains,
Michigan Illinois Wisconsin

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17947

State Financial Bank, National Mount Vernon Bank, and Trust ProGrowth Bank, Nicollet, Minnesota
Association, Hales Corners, Company, Mount Vernon, Iowa Midwest Bank NA, Parkers Prairie,
Wisconsin Community Bank, Muscatine, Iowa Minnesota
AM Community Credit Union, Kenosha, Horizon Federal Savings Bank, First National Bank of Pine City, Pine
Wisconsin Oskaloosa, Iowa City, Minnesota
Time Federal Savings Bank, Medford, First National Bank Midwest, Premier Bank Rochester, Rochester,
Wisconsin Oskaloosa, Iowa Minnesota
M&I Marshall & Ilsley Bank, Milwaukee, Pella State Bank, Pella, Iowa Citizens State Bank of Roseau, Roseau,
Wisconsin First State Bank, Riceville, Iowa Minnesota
Marine Bank, Pewaukee, Wisconsin Peoples Bank, Rock Valley, Iowa Bremer Bank, N.A., St. Cloud,
Community Bank Spring Green & Plain, Union State Bank, Rockwell City, Iowa Minnesota
Spring Green, Wisconsin Rolfe State Bank, Rolfe, Iowa St. James Federal Savings and Loan
Tomahawk Community Bank SSB, Security State Bank, Sheldon, Iowa Association, St. James, Minnesota
Tomahawk, Wisconsin First Community Bank, Sidney, Iowa Liberty State Bank, St. Paul, Minnesota
St. Ansgar State Bank, St. Ansgar, Iowa Nicollet County Bank of Saint Peter, St.
Federal Home Loan Bank of Des Victor State Bank, Victor, Iowa Peter, Minnesota
Moines—District 8 Washington State Bank, Washington, Farmers State Bank of Trimont,
Peoples Trust & Savings Bank, Adel, Iowa Trimont, Minnesota
Iowa Citizens State Bank, Waukon, Iowa The First National Bank of Walker,
Security State Bank, Anamosa, Iowa Iowa State Bank, West Bend, Iowa Walker, Minnesota
State Savings Bank, Baxter, Iowa GuideOne Life Insurance Company, Roundbank, Waseca, Minnesota
Farmers Trust and Savings Bank, West Des Moines, Iowa Community Bank Winsted, Winsted,
Buffalo Center, Iowa GuideOne Mutual Insurance Company, Minnesota
Linn Area Credit Union, Cedar Rapids, West Des Moines, Iowa First Independent Bank of Wood Lake,
Iowa GuideOne Specialty Insurance Wood Lake, Minnesota
United Security Savings Bank, F.S.B., Company, West Des Moines, Iowa Citizens Bank of Amsterdam,
Cedar Rapids, Iowa Wilton Savings Bank, Wilton, Iowa Amsterdam, Missouri
Citizens State Bank, Clarinda, Iowa Sterling State Bank, Austin, Minnesota Bank of Jacomo, Blue Springs, Missouri
Clear Lake Bank & Trust Company, White Rock Bank, Cannon Falls, Community State Bank of Bowling
Clera Lake, Iowa Minnesota Green, Bowling Green, Missouri
Gateway State Bank, Clinton, Iowa Currie State Bank, Currie, Minnesota Pony Express Bank, Braymer, Missouri
State Bank of Danvers, Danvers, Mississippi County Savings & Loan
Cresco Union Savings Bank, Cresco,
Minnesota Association,Charleston, Missouri
Iowa
State Bank of Delano, Delano, CSB Bank, Claycomo, Missouri
Denver Savings Bank, Denver, Iowa
Citizens Union State Bank and Trust,
DeWitt Bank & Trust Company, DeWitt, Minnesota
Clinton, Missouri
Iowa Voyager Bank, Eden Prairie, Minnesota
First National Bank & Trust, Columbia,
Premier Bank, Dubuque, Iowa Inter Savings Bank, fsb, Edina,
Missouri
Liberty Trust and Savings Bank, Durant, Minnesota
Meramec Valley Bank, Ellisville,
Iowa Stearns Bank Evansville, NA,
Missouri
Farmers Trust & Savings Bank, Earling, Evansville, Minnesota
New Era Bank, Fredericktown, Missouri
Iowa 1st United Bank, Faribault, Minnesota Bank Star One, Fulton, Missouri
Hardin County Savings Bank, Eldora, Border State Bank of Greenbush, America Loan and Savings Association,
Iowa Greenbush, Minnesota Hannibal, Missouri
Peoples State Bank, Elkader, Iowa Citizens State Bank of Hayfield, The Central Trust Bank, Jefferson City,
Bank Plus Estherville, Iowa Hayfield, Minnesota Missouri
NorthStar Bank, Estherville, Iowa Farmers State Bank of Hoffman, Macon-Atlanta State Bank, Macon,
Fort Madison Bank & Trust Company, Hoffman, Minnesota Missouri
Fort Madison, Iowa Fortress Bank National Association, Regional Missouri Bank, Marceline,
Security Savings Bank, Gowrie, Iowa Houston, Minnesota Missouri
Midstates Bank, NA, Harlan, Iowa Security State Bank of Howard Lake, Nodaway Valley Bank, Maryville,
Hills Bank and Trust Company, Hills, Howard Lake, Minnesota Missouri
Iowa Key Community Bank, Inver Grove Independent Farmers Bank, Maysville,
First State Bank, Huxley, Iowa Heights, Minnesota Missouri
First State Bank, Ida Grove, Iowa First Security Bank—Lake Benton, Lake Heritage State Bank, Nevada, Missouri
Peoples Savings Bank, Indianola, Iowa Benton, Minnesota Southwest Community Bank, Ozark,
Iowa Falls State Bank, Iowa Falls, Iowa Lake City Federal Savings and Loan Missouri
Kerndt Brothers Savings Bank, Lansing, Association, Lake City, Minnesota Palmyra State Bank, Palmyra, Missouri
Iowa Lake Area Bank, Lindstrom, Minnesota Farley State Bank, Parkville, Missouri
Libertyville Savings Bank, Libertyville, Wells Fargo, MN N.A., Minneapolis, Perry State Bank, Perry, Missouri
Iowa Minnesota Citizens Community Bank, Pilot Grove,
First State Bank, Lynnville, Iowa Bayside Bank, Minnetonka, Minnesota Missouri
First National Bank, Manning, Iowa First National Bank of Moose Lake, Farmers Bank of Portageville,
Valley Bank & Trust, Mapleton, Iowa Moose Lake, Minnesota Portageville, Missouri
Maquoketa State Bank, Maquoketa, Iowa United Prairie Bank, Mountain Lake, Pulaski Bank, Saint Louis, Missouri
Maynard Savings Bank, Maynard, Iowa Minnesota Bank of Salem, Salem, Missouri
Union State Bank, Monona, Iowa American Bank of the North, Nashwauk, The Merchants & Farmers Bank of
Citizens State Bank, Monticello, Iowa Minnesota Salisbury, Salisbury, Missouri
Wayland State Bank, Mount Pleasant, State Bank of New Prague, New Prague, Community Bank of Pettis County,
Iowa Minnesota Sedalia, Missouri

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17948 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Empire Bank, Springfield, Missouri Citizens Bank & Trust Company, FirstBank of Avon, Avon, Colorado
Liberty Bank, Springfield, Missouri Louisville, Mississippi Canon National Bank, Canon City,
Signature Bank, Springfield, Missouri Quitman Tri-County Federal Credit Colorado
Bank Star of the Bootheel, Steele, Union, Marks, Mississippi Ent Federal Credit Union, Colorado
Missouri Community First National Bank, Las Springs, Colorado
The Tipton Latham Bank, N.A., Tipton, Cruces, New Mexico First State Bank, Colorado Springs,
Missouri Pioneer Bank, Roswell, New Mexico Colorado Springs, Colorado
Bank of Washington, Washington, First National Bank of Santa Fe, Santa Peoples National Bank Colorado,
Missouri Fe, New Mexico Colorado Springs, Colorado
West Plains Savings and Loan Liberty Bank, SSB, Austin, Texas Citizens State Bank, Cortez, Colorado
Association, West Plains, Missouri International Bank of Commerce, Guaranty Bank and Trust Company,
First and Farmers Bank, Portland, North Brownsville, Texas Denver, Colorado
First American Bank Texas, SSB, Bryan,
Dakota The State Bank, Rocky Ford, Colorado
Texas
First International Bank & Trust, FirstBank of Vail, Vail, Colorado
American Bank, NA, Corpus Christi,
Watford City, North Dakota Community State Bank, Coffeyville,
Texas
Wells Fargo South Dakota, Sioux Falls, Bluebonnet Savings Bank FSB, Dallas, Kansas
South Dakota Texas Conway Bank, NA, Conway Springs,
Guaranty Bank, Dallas, Texas Kansas
Federal Home Loan Bank of Dallas—
State Bank and Trust Company, Dallas, The City State Bank, Fort Scott, Kansas
District 9 The Liberty Savings Association, FSA,
Dallas, Texas
Southbank, A Federal Savings Bank, The Bank & Trust, Del Rio, Texas Fort Scott, Kansas
Huntsville, Alabama Western Bank and Trust, Duncanville, First FS&LA, Independence, Kansas
Community Bank, Cabot, Arkansas Texas First National Bank, Independence,
Farmers Bank and Trust Company, Bank of the West, El Paso, Texas Kansas
Clarksville, Arkansas Government Employees Credit Union, MidAmerican Bank & Trust Company,
First State Bank, Conway, Arkansas El Paso, Texas na, Leavenworth, Kansas
Bank of Eureka Springs, Eureka Springs, OmniBank, N.A., Houston, Texas Kansas State Bank of Manhattan,
Arkansas Houston Savings Bank, fsb, Houston, Manhattan, Kansas
McIlroy Bank & Trust, Fayetteville, Texas Stockgrowers State Bank, Maple Hill,
Arkansas New Era Life Insurance Company, Kansas
First National Bank of Fort Smith, Houston, Texas Citizens State Bank of Marysville,
Arkansas, Fort Smith, Arkansas Southwest Bank of Texas, N.A., Marysville, Kansas
Peoples Bank of Imboden, Imboden, Houston, Texas First Bank of Medicine Lodge, Medicine
Arkansas The First National Bank of Hughes Lodge, Kansas
Bank of Lake Village, Lake Village, Springs, Hughes Springs, Texas Montezuma State Bank, Montezuma,
Arkansas Village Bank and Trust Company, Inc., Kansas
Bank of the Ozarks, Little Rock, Lakeway, Texas Kansas State Bank, Overbrook, Kansas
Arkansas International Bank of Commerce,
1st Financial Bank, Overland Park,
First State Bank, Lonoke, Arkansas Laredo, Texas
First State Bank, Moulton, Texas Kansas
Union Bank of Mena, Mena, Arkansas Liberty Bank, North Richland Hills, First National Bank in Pratt, Pratt,
First Bank of Montgomery County, Texas Kansas
Mount Ida, Arkansas Interstate Bank, ssb, Perryton, Texas Rose Hill Bank, Rose Hill, Kansas
Newport Federal Savings Bank, Cypress Bank, FSB, Pittsburg, Texas The Bennington State Bank, Salina,
Newport, Arkansas Community Credit Union, Plano, Texas Kansas
First State Bank, Parkin, Arkansas First National Bank in Quanah, Quanah, First National Bank of Scott City, Scott
First Arkansas Valley Bank, Russellville, Texas City, Kansas
Arkansas Benchmark Bank, Quinlan, Texas Security State Bank, Scott City, Kansas
Bank of Salem, Salem, Arkansas Peoples State Bank, Rocksprings, Texas Centera Bank, Sublette, Kansas
First Security Bank, Searcy, Arkansas Crockett National Bank, San Angelo, First Federal Savings & Loan
Simmons First Bank of Searcy, Searcy, Texas Association of WaKeeney, WaKeeney,
Arkansas Texas State Bank, San Angelo, Texas Kansas
Springdale Bank & Trust, Springdale, Frost National Bank, San Antonio, First National Bank of Wamego,
Arkansas Texas Wamego, Kansas
The Bank of Yellville, Yellville, State Bank & Trust of Seguin, Texas, Kaw Valley State Bank, Wamego,
Arkansas Seguin, Texas Kansas
Fidelity Bank & Trust Company, Baton Cedar Creek Bank, Seven Points, Texas Fidelity Bank, Wichita, Kansas
Rouge, Louisiana Citizens Bank, Slaton, Texas First National Bank and Trust of
Globe Homestead FSA, Metairie, Texas National Bank, Tomball, Texas
First National Bank of Olney, Trinity, Fullerton, Fullerton, Nebraska
Louisiana Geneva State Bank, Geneva, Nebraska
Texas
State-Investors Bank, Metairie, Southside Bank, Tyler, Texas Equitable Federal Savings Bank of
Louisiana First Victoria National, Victoria, Texas Grand Island, Grand Island, Nebraska
Home Federal Savings and Loan TexasBank, Weatherford, Texas Home FS&LA of Grand Island,
Association, Shreveport, Louisiana International Bank of Commerce, Nebraska, Grand Island, Nebraska
Citizens Bank and Trust Company of Zapata, Texas Harvard State Bank, Harvard, Nebraska
Vivian, LA, Inc., Vivian, Louisiana Hershey State Bank, Hershey, Nebraska
Cleveland Community Bank, s.s.b., Federal Home Loan Bank of Topeka— Nebraska National Bank, Kearney,
Cleveland, Mississippi District 10 Nebraska
First Federal Bank for Savings, Gateway Credit Union, Aurora, Platte Valley State Bank and Trust
Columbia, Mississippi Colorado Company, Kearney, Nebraska

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17949

Bank of Keystone, Keystone, Nebraska La Jolla Bank, F.S.B., Escondido, United Savings and Loan Bank, Seattle,
Home FS&LA of Nebraska, Lexington, California Washington
Nebraska Eastern International Bank, Los Angeles, Viking Community Bank, Seattle,
Lincoln Federal Savings Bank of California Washington
Nebraska, Lincoln, Nebraska Chevron Federal Credit Union, Oakland, Wheatland Bank, Spokane, Washington
Security Federal Savings, Lincoln, California Sound Banking Company, Tacoma,
Nebraska Wescom Credit Union, Pasadena, Washington
Sherman County Bank, Loup City, California TAPCO Credit Union, Tacoma,
Nebraska Summit State Bank, Rohnert Park, Washington
First National Bank Northeast, Lyons, California Banner Bank, Walla Walla, Washington
Nebraska California Bank and Trust, San Diego, Security First Bank, Cheyenne,
The Bank of Madison, Madison, California Wyoming
Nebraska San Diego County Credit Union, San Cowboy State Bank, Ranchester,
Madison County Bank, Madison, Diego, California Wyoming
Nebraska United Commercial Bank, San First State Bank of Thermopolis,
BankFirst, Norfolk, Nebraska Francisco, California Thermopolis, Wyoming
First National Bank, North Platte, North Patelco Credit Union, San Francisco,
Platte, Nebraska California II. Public Comments
Nebraskaland National Bank, North Luther Burbank Savings, Santa Rosa, To encourage the submission of
Platte, Nebraska California public comments on the community
Pender State Bank, Pender, Nebraska Community Banks of Tracy, Tracy, support performance of Bank members,
Midwest Bank, N.A., Pierce, Nebraska California on or before April 28, 2003, each Bank
The Ravenna Bank, Ravenna, Nebraska Yolo Community Bank, Woodland,
will notify its Advisory Council and
Sidney Federal Savings & Loan California
nonprofit housing developers,
Association, Sidney, Nebraska Redding Bank of Commerce, Yuba City,
community groups, and other interested
Dakota County State Bank, South Sioux California
parties in its district of the members
City, Nebraska Federal Home Loan Bank of Seattle— selected for community support review
Springfield State Bank, Springfield, District 12 in the 2002–03 fifth quarter review
Nebraska cycle. 12 CFR 944.2(b)(2)(ii). In
Bank of St. Edward, St. Edward, Wells Fargo, Anchorage, Alaska
First Bank, Ketchikan, Alaska reviewing a member for community
Nebraska support compliance, the Finance Board
Central Pacific Bank, Honolulu, Hawaii
Tecumseh Building and Loan will consider any public comments it
Territorial Savings and Loan Assn,
Association, Tecumseh, Nebraska has received concerning the member. 12
Honolulu, Hawaii
First National Bank Utica NE, Utica, Farmers and Merchants State Bank, CFR 944.2(d). To ensure consideration
Nebraska Boise, Idaho by the Finance Board, comments
Farmers State Bank, Wallace, Nebraska Home FS&LA of Nampa, Nampa, Idaho concerning the community support
Saline State Bank, Wilber, Nebraska Valley Bank of Helena, Helena, Montana performance of members selected for the
Citizens National Bank of Wisner, American Bank of Montana, Livington, 2002–03 fifth quarter review cycle must
Wisner, Nebraska Montana be delivered to the Finance Board on or
66 Federal Credit Union, Bartlesville, LibertyBank, Eugene, Oregon before the May 26, 2003 deadline for
Oklahoma NW Community Credit Union, Eugene, submission of Community Support
Bank of Cordell, Cordell, Oklahoma Oregon Statements.
Bank of Hydro, Hydro, Oklahoma Chetco Federal Credit Union, Harbor,
Armstrong Bank, Muskogee, Oklahoma Dated: April 7, 2003.
Oregon
Citizens State Bank, Okemah, Oklahoma Arnold Intrater,
West Coast Bank, Lake Oswego, Oregon
First Enterprise Bank, Oklahoma City, Premier West Bank, Medford, Oregon General Counsel.
Oklahoma McKay Dee Hospital Credit Union, [FR Doc. 03–9020 Filed 4–11–03; 8:45 am]
Union Bank, NA, Oklahoma City, Ogden, Utah BILLING CODE 6725–01–P
Oklahoma Centennial Bank, Ogden, Utah
The First National Bank of Texhoma, American Investment Bank, Salt Lake
Texhoma, Oklahoma City, Utah FEDERAL RESERVE SYSTEM
Community Bank & Trust Company, Mountain America Credit Union, Salt
Tulsa, Oklahoma Lake City, Utah Formations of, Acquisitions by, and
Energy One Federal Credit Union, Zions First National Bank, Salt Lake Mergers of Bank Holding Companies
Tulsa, Oklahoma City, Utah
Grand Lake Bank, Tulsa, Oklahoma Kitsap Community FCU, Bremerton, The companies listed in this notice
First Bank & Trust Company, Wagoner, Washington have applied to the Board for approval,
Oklahoma State Bank of Concrete, Concrete, pursuant to the Bank Holding Company
Weleetka State Bank, Weleetka, Washington Act of 1956 (12 U.S.C. 1841 et seq.)
Oklahoma Washington State Bank NA, Federal (BHC Act), Regulation Y (12 CFR Part
Canadian State Bank, Yukon, Oklahoma Way, Washington 225), and all other applicable statutes
Issaquah Bank, Issaquah, Washington and regulations to become a bank
Federal Home Loan Bank of San holding company and/or to acquire the
First Community Bank of Washington,
Francisco—District 11 assets or the ownership of, control of, or
Lacey, Washington
BankUSA, fsb, Phoenix, Arizona Spokane Teachers Credit Union, Liberty the power to vote shares of a bank or
Fremont Investment & Loan, Anaheim, Lake, Washington bank holding company and all of the
California Cowlitz Bank, Longview, Washington banks and nonbanking companies
Vista Federal Credit Union, Burbank, Heritage Savings Bank, Olympia, owned by the bank holding company,
California Washington including the companies listed below.

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17950 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

The applications listed below, as well Performance as a Function of Parental understanding, prevention, or
as other related filings required by the History of Alcohol Abuse/Dependence.’’ alleviation of a serious problem
Board, are available for immediate The proposed research would be affecting the health or welfare of
inspection at the Federal Reserve Bank supported by a grant awarded by the children; (ii) the research will be
indicated. The application also will be National Institutes of Health, National conducted in accordance with sound
available for inspection at the offices of Institute on Alcohol Abuse and ethical principles; and (iii) adequate
the Board of Governors. Interested Alcoholism. Public review and provisions are made for soliciting the
persons may express their views in comment are solicited regarding the assent of children and the permission of
writing on the standards enumerated in proposed research protocol pursuant to their parents or guardians, as set forth
the BHC Act (12 U.S.C. 1842(c)). If the the requirements of HHS regulations at in 45 CFR 46.408.
proposal also involves the acquisition of 45 CFR 46.407. HHS received a request from the
a nonbanking company, the review also DATES: To be considered, written or Lifespan Office of Research
includes whether the acquisition of the electronic comments on the proposed Administration, Rhode Island Hospital,
nonbanking company complies with the research must be received on or before to review a protocol entitled ‘‘Effects of
standards in section 4 of the BHC Act 4:30 p.m. May 29, 2003. Evening Ingestion of Alcohol on Sleep,
(12 U.S.C. 1843). Unless otherwise ADDRESSES: Submit written comments Circadian Phase, and Performance as a
noted, nonbanking activities will be to: Ms. Kelley Booher, Division of Function of Parental History of Alcohol
conducted throughout the United States. Policy, Planning, and Special Projects, Abuse/Dependence’’ pursuant to the
Additional information on all bank Office for Human Research Protections, provisions of HHS regulations at 45 CFR
holding companies may be obtained 1101 Wootton Parkway, Suite 200, The 46.407. This research protocol proposes
from the National Information Center Tower Building, Rockville, MD 20852, to study the effects of a small or
website at www.ffiec.gov/nic/. telephone number (301) 402–5942 (not moderate evening dose of alcohol on
Unless otherwise noted, comments a toll-free number). Comments also may sleep, waking performance, and
regarding each of these applications be sent via facsimile at (301) 402–0527 circadian phase in a total of 64
must be received at the Reserve Bank or by e-mail to: adolescents (15 to 16 years of age) and
indicated or the offices of the Board of 407panel01@osophs.dhhs.gov. young adults (21 to 22 years of age), and
Governors not later than May 8, 2003. examine how the effects may differ
A. Federal Reserve Bank of Kansas FOR FURTHER INFORMATION CONTACT: Dr. between individuals who have a parent
City (Susan Zubradt, Assistant Vice Leslie K. Ball, Office for Human with a history of alcohol dependence
President) 925 Grand Avenue, Kansas Research Protections, The Tower and those who do not. The research
City, Missouri 64198–0001: Building, 1101 Wootton Parkway, Suite protocol is proposed to take place at E.P.
1. Central Financial Corporation, 200, Rockville, MD 20852; telephone Bradley Hospital, an affiliate of
Hutchinson, Kansas; to acquire up to (301) 496–7005; fax (301) 402–0527; e- Lifespan, the parent corporation of
7.45 percent of the voting shares of mail LBall@osophs.dhhs.gov. Rhode Island Hospital, and was
Royal Palm Bank of Florida, Naples, SUPPLEMENTARY INFORMATION: All reviewed by the Rhode Island Hospital
Florida. studies conducted or supported by HHS IRB. The Rhode Island Hospital IRB is
which are not otherwise exempt and the IRB of record for E.P. Bradley
Board of Governors of the Federal Reserve
System, April 8, 2003. which propose to involve children as Hospital.
subjects require institutional review After reviewing this research
Robert deV. Frierson,
board (IRB) review in accordance with proposal, the Rhode Island Hospital IRB
Deputy Secretary of the Board.
the provisions of HHS regulations for determined that this study involving
[FR Doc. 03–9000 Filed 4–11–03; 8:45 am] the protection of human subjects at 45 children as research subjects could not
BILLING CODE 6210–01–S CFR part 46, subpart D. Pursuant to be approved under HHS regulations at
HHS regulations at 45 CFR 46.407, if an 45 CFR 46.404, 46.405, or 46.406, but
IRB reviewing a protocol to be was suitable for review under 45 CFR
DEPARTMENT OF HEALTH AND conducted or supported by HHS does 46.407. The Rhode Island Hospital IRB
HUMAN SERVICES not believe that the proposed research found that the research presented a
involving children as subjects meets the reasonable opportunity to further the
Solicitation of Public Review and requirements of HHS regulations at 45 understanding, prevention or alleviation
Comment on Research Protocol: CFR 46.404, 46.405, or 46.406, the of a serious problem affecting the health
Alcohol, Sleep, and Circadian Rhythms research may proceed only if the or welfare of children. Experts in
in Young Humans, Study 2—Effects of following conditions are met: (a) the IRB relevant disciplines have reviewed this
Evening Ingestion of Alcohol on Sleep, finds and documents that the research protocol and each have provided
Circadian Phase, and Performance as presents a reasonable opportunity to recommendations to the Secretary.
a Function of Parental History of further the understanding, prevention, Public review and comment are hereby
Alcohol Abuse/Dependence or alleviation of a serious problem solicited pursuant to the requirements
AGENCY: Department of Health and affecting the health or welfare of of 45 CFR 46.407. The Secretary will
Human Services, Office of the Secretary, children; and (b) the Secretary, after consider the experts’ recommendations
Office of Public Health and Science, consultation with a panel of experts in and the public comments in making a
Office for Human Research Protections. pertinent disciplines (for example: final determination regarding whether
ACTION: Notice. science, medicine, education, ethics, HHS may support this research.
law) and following opportunity for In particular, comments are solicited
SUMMARY: The Office for Human public review and comment, determines on the following questions: (1) What are
Research Protections (OHRP), Office of either: (1) that the research in fact the potential benefits of the research, if
Public Health and Science, HHS is satisfies the conditions of 45 CFR any, to the subjects and to children in
soliciting public review and comment 46.404, 46.405, or 46.406, or (2) that the general; (2) what are the types and
on a proposed research protocol entitled following conditions are met: (i) the degrees of risk that this research
‘‘Effects of Evening Ingestion of Alcohol research presents a reasonable presents to the subjects; (3) are the risks
on Sleep, Circadian Phase, and opportunity to further the to the subjects reasonable in relation to

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17951

the anticipated benefits, if any, to the Dated: April 7, 2003. burden of the collection of information
subjects, and the importance of the Richard H. Carmona, on respondents, including through the
knowledge that may reasonably be Surgeon General and Acting Assistant, use of automated collection techniques
expected to result; and (4) does the Secretary for Health. or other forms of information
research present a reasonable [FR Doc. 03–9051 Filed 4–11–03; 8:45 am] technology. Send comments to Anne
opportunity to further the BILLING CODE 4150–36–P O’Connor, CDC Assistant Reports
understanding, prevention, or Clearance Officer, 1600 Clifton Road,
alleviation of a serious problem MS-D24, Atlanta, GA 30333. Written
affecting the health or welfare of DEPARTMENT OF HEALTH AND comments should be received within 60
children? HUMAN SERVICES days of this notice.
Proposed Project: Importation and
All written comments concerning this Centers for Disease Control and Shipping of Etiologic Agents (42 CFR
matter should be submitted to Ms. Prevention 71.54 and part 72) OMB Control No.
Kelley Booher, Division of Policy, 0920–0199—Extension—Office of the
Planning, and Special Projects, Office [60 Day–03–58] Director (OD), Centers for Disease
for Human Research Protections, 1101 Control and Prevention (CDC).
Proposed Data Collections Submitted
Wootton Parkway, Suite 200, The Tower The importation of etiological agents,
for Public Comment and
Building, Rockville, MD 20852, hosts, and vectors of human disease are
Recommendations
telephone number (301) 402–5942 (not regulated by 42 CFR 71.54 and requires
a toll-free number). Comments also may In compliance with the requirement that the importation of such materials
be sent via facsimile at (301) 402–2071 of section 3506(c)(2)(A) of the must be accompanied by a permit
or by e-mail to: Paperwork Reduction Act of 1995 for issued by the CDC. Interstate shipment
407panel01@osophs.dhhs.gov. opportunity for public comment on of etiologic agents are regulated by 42
Materials available for review on the proposed data collection projects, the CFR part 72. This regulation establishes
Centers for Disease Control and minimal packaging requirements for all
OHRP web page (available at: http://
Prevention (CDC) will publish periodic viable micro-organisms, illustrates the
ohrp.osophs.dhhs.gov/panels/407–
summaries of proposed projects. To appropriate shipping label, and
01pnl/pindex.htm) include: relevant request more information on the provides reporting instructions
sections of the grant application; sample proposed projects or to obtain a copy of regarding damaged packages and failure
consent, parental permission and assent the data collection plans and to receive a shipment. This request is for
documents; the Rhode Island Hospital instruments, call the CDC Reports the information collection requirements
IRB’s deliberations on the protocol; an Clearance Officer on (404) 498–1210. contained in 42 CFR 71.54, 72.3(e),
explanation of Rhode Island Hospital’s Comments are invited on: (a) Whether 72.3(f), and 72.4 which relate to the
Pediatric Risk Categories; and OHRP’s the proposed collection of information importation and interstate shipment of
January 13, 2003, letter to the principal is necessary for the proper performance etiologic agents. Respondents include
investigator, Dr. Mary Carskadon, of the functions of the agency, including laboratory facilities such as those
explaining why review pursuant to whether the information shall have operated by government agencies,
46.407 is restricted to Study 2. A paper practical utility; (b) the accuracy of the universities, research institutions, and
copy of the information referenced here agency’s estimate of the burden of the commercial entities. The only cost to
is available upon request. proposed collection of information; (c) respondents is their time to complete
ways to enhance the quality, utility, and the application for permit to import
clarity of the information to be form and report problems with
collected; and (d) ways to minimize the shipment of etiologic agents.

Number of re-
CFR section Number of sponses per Avg. burden per Total burden hours
respondents response (in hrs.)
respondent

72.54 Application Permit .................................................. 2,000 1 20/60 666


72.3(e) Damaged Package .............................................. 50 1 6/60 5
72.3(f) Shipping Requirement .......................................... 200 10 12/60 400
72.4 Failure to Receive ................................................... 20 1 12/60 4

Total .......................................................................... 2,270 ................................ ................................ 1,075

Dated: April 7, 2003. DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995 for
Thomas Bartenfeld, HUMAN SERVICES opportunity for public comment on
Acting Associate Director for Policy, Planning proposed data collection projects, the
and Evaluation, Centers for Disease Control Centers for Disease Control and Centers for Disease Control and
and Prevention. Prevention Prevention (CDC) will publish periodic
[FR Doc. 03–9018 Filed 4–11–03; 8:45 am] summaries of proposed projects. To
[60-Day–03–59] request more information on the
BILLING CODE 4163–18–P
proposed projects or to obtain a copy of
Proposed Data Collections Submitted the data collection plans and
for Public Comment and instruments, call the CDC Reports
Recommendations Clearance Officer on (404) 498–1210.
In compliance with the requirement Comments are invited on: (a) Whether
of section 3506(c)(2)(A) of the the proposed collection of information

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17952 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

is necessary for the proper performance need an additional 45 minutes for each certificate of registration. The estimated
of the functions of the agency, including additional investigator or select agent. time to gather the information and
whether the information shall have This is an increase of 1 hour, 45 minutes submit this notification is 30 minutes.
practical utility; (b) the accuracy of the over the previous form due to new An entity may also apply to the
agency’s estimate of the burden of the reporting requirements for security and Secretary for an expedited review of an
proposed collection of information; (c) identification of those individuals the individual by the Attorney General. To
ways to enhance the quality, utility, and entity has designated to have a apply for this expedited review, an
clarity of the information to be legitimate need to handle or use such entity must submit a request in writing
collected; and (d) ways to minimize the agents. to the Secretary establishing the need
burden of the collection of information Facilities may amend their for such action. The estimated time to
on respondents, including through the registration if any changes occur in the gather the information and submit this
use of automated collection techniques information submitted to the Secretary. request is 30 minutes. Entities should be
or other forms of information To apply for an amendment to a aware that CDC is not developing
technology. Send comments to Anne certificate of registration, an entity must standardized forms to use in these
O’Connor, CDC Assistant Reports obtain the relevant portion of the situations. Rather, the entity should
Clearance Officer, 1600 Clifton Road, application package and submit the provide the information as requested in
MS–D24, Atlanta, GA 30333. Written information requested in the package to the appropriate section of the
comments should be received within 60 CDC. Estimated time to amend a regulation.
days of this notice. registration package is 60 minutes. As part of the safety requirements of
Proposed Project: Possession, Use, The Facility Notification Form must this regulation, the Responsible Official
and Transfer of Select Agents and be completed by facilities whenever is required to conduct regular
Toxins (OMB Control No. 0920–0576)— there is release of a select agent or theft inspections (at least annually) of the
Extension—Office of the Director (OD), or loss of a select agent. This is a new laboratory where select agents and
Centers for Disease Control and form. Estimated average time to toxins are stored. The results of these
Prevention (CDC). complete this form is 60 minutes. inspections must be documented. CDC
The Public Health Security and The Request for Exemption form will estimates that, on the average, such
Bioterrorism Preparedness and be used by facilities that are using select documentation will take 1 hour.
Response Act of 2002 (Pub. L. 107–188) agents in investigational new drug
Also, as part of the safety
specifies that the Secretary of Health testing or in cases of public health
requirements of this regulation, the
and Human Services shall provide for emergency. This is a new form.
entity is required to record the identity
the establishment and enforcement of Estimated average time to complete this
of the individual trained, the date of
standards and procedures governing the form is 70 minutes.
The Transfer of Select Agent Form training, and the means used to verify
possession, use, and transfer of select
will be used by facilities requesting that the employee understood the
biological agents and toxins. The Act
transfer of a select agent to their training. Estimated time for this
specifies that facilities that possess, use,
facilities and by the facility transferring documentation is 2 hours per principal
and transfer select agents register with
the agent. This is a modification of an investigator.
the Secretary. The Secretary has
designated CDC as the agency existing form approved under OMB An entity or an individual may
responsible for collecting this Control No. 0920–0199. Estimated request administrative review of a
information. average time to complete this form is 1 decision denying or revoking either a
CDC is requesting continued OMB hour, 45 minutes. This is an increase of certification of registration or approval
approval to collect this information 75 minutes due to procedural changes. based on a security risk assessment.
through the use of five separate forms. The Clinical and Diagnostic This request must be in writing within
These forms are: (1) Application for Laboratory Exemption Report will be 30 calendar days after the adverse
Registration; (2) Facility Notification used by clinical and diagnostic decision. This request should include a
Form; (3) Request for Exemption; (4) laboratories to notify the Secretary that statement of the factual basis for the
Transfer of Select Agent form; and (5) select agents identified as the result of review. CDC estimates the time to
Clinical and Diagnostic Laboratory diagnosis or proficiency testing have prepare and submit such a request is 4
Reporting Form. been properly disposed of. This is a new hours.
The Application for Registration will form. Estimated average time to Finally, an entity must implement a
be used by facilities to register with complete this form is 60 minutes. system to ensure that certain records
CDC. The Application for Registration In addition to the standardized forms, and databases are accurate and that the
requests facility information, a list of this regulation also outlines situations authenticity of records may be verified.
select agents in use, possession, or for in which an entity must notify or make The time to implement such a system is
transfer by the facility, characterization a request of the Secretary in writing and estimated to average 4 hours.
of the select agent, and laboratory CDC is requesting OMB approval to The cost to respondents is their time
information. Estimated average time to collect this information. The regulation to complete the forms and comply with
complete this form is 3 hours, 45 states that an entity must notify the the reporting and recordkeeping
minutes for an entity with one principal Secretary in writing at least five components of the Act plus a one-time
investigator working with one select business days before destroying all purchase of a file cabinet (estimated cost
agent. CDC estimates that entities will select agent or toxin covered by a $400) to maintain records.

CFR Number of Responses per Avg burden per Total annual


Data collection
reference respondents respondent response (in hrs.) burden (in hrs.)

73.7(b) ..... Registration application ............................. 1,000 1 3.75 6,262


73.7(e) ..... Amendment to registration application ...... 1,000 2 1 2,000
73.17 Notification form ......................................... 10 1 1 10
(a)(e).

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17953

CFR Number of Responses per Avg burden per Total annual


Data collection
reference respondents respondent response (in hrs.) burden (in hrs.)

73.6 (c–e) Request for exemption .............................. 17 1 70/60 20


73.14 ........ Transfer of select agent ............................ 1,000 5 1.75 8,750
73.6 (a)(2) Clinical and diagnostic laboratory exemp- 1,000 4 1 4,000
tion report.
73.7(i) ....... Notification of inactivation .......................... 6 1 30/60 3
73.8(g) ..... Request expedited review ......................... 6 1 30/60 3
73.10(b) ... Documentation of self-inspection .............. 1,000 1 1 1,000
73.13(f) .... Documentation of training ......................... 1,000 1 2 8,700
73.18 ........ Administrative review ................................. 14 1 4 56
73.15(d) ... Ensure secure recordkeeping system ....... 1,000 1 30/60 4,000

Total .. .................................................................... 1,000 ................................ ................................ 34,804

Dated: April 7, 2003. and other comments should be patients not improved by estrogen
Thomas Bartenfeld, identified with Docket No. 76N–0377 alone.’’
Acting Associate Director for Policy, Planning and submitted to the Dockets In the Federal Register of December
and Evaluation, Centers for Disease Control Management Branch (HFA–305), Food 17, 1998 (63 FR 69631), FDA withdrew
and Prevention. and Drug Administration, 5630 Fishers approval of estrogen-containing drugs
[FR Doc. 03–9019 Filed 4–11–03; 8:45 am] Lane, rm. 1061, Rockville, MD 20852. A insofar as they are indicated for
BILLING CODE 4163–18–P request for an opinion on the postpartum breast engorgement because
applicability of this notice to a specific estrogens have not been shown to be
drug product should be directed to the safe for this use. That Federal Register
DEPARTMENT OF HEALTH AND Division of New Drugs and Labeling notice included, among others, four of
HUMAN SERVICES Compliance (HFD–310), Center for Drug the five NDAs listed above. (NDA 11–
Evaluation and Research, Food and 267 was not included because the drug
Food and Drug Administration Drug Administration, 5600 Fishers product covered by that application,
[Docket Nos. 78N–0377 and 98P–1041; DESI Lane, Rockville, MD 20857. Halodrin Tablets, was not labeled for
7661] use for postpartum breast engorgement.)
FOR FURTHER INFORMATION CONTACT:
Given this December 17, 1998 notice,
Certain Estrogen-Androgen David T. Read, Center for Drug
the following discussion relates only to
Combination Drugs; Drugs for Human Evaluation and Research (HFD–7), Food
the second indication found safe and
Use; Drug Efficacy Study and Drug Administration, 5600 Fishers effective in the 1972 notice, i.e., ‘‘for the
Implementation; Amendment and Lane, Rockville, MD 20857, 301–594– menopausal syndrome in patients not
Opportunity for Hearing 2041. improved by estrogen alone.’’
SUPPLEMENTARY INFORMATION: In the Federal Register of September
AGENCY: Food and Drug Administration,
29, 1976 (41 FR 43112), the agency
HHS. I. Background announced that the menopausal
ACTION: Notice. indication for combination drugs
In a notice published in the Federal
SUMMARY: The Food and Drug Register of September 8, 1972 (37 FR containing an estrogen and an androgen
Administration (FDA) is amending a 18225), FDA announced its evaluation was revised to read as follows:
of the various indications claimed for Moderate to severe vasomotor symptoms
previous Federal Register notice to
associated with the menopause in those
reclassify certain estrogen-androgen the following combination drugs that patients not improved by estrogen alone.
combination drugs as lacking contain an estrogen and an androgen: (There is no evidence that estrogens are
substantial evidence of effectiveness for 1. Halodrin Tablets (NDA 11–267), effective for nervous symptoms or depression
the treatment of moderate to severe containing fluoxymesterone and ethinyl which might occur during menopause, and
vasomotor symptoms associated with estradiol; they should not be used to treat these
the menopause in those patients not 2. Tylosterone Injection (NDA 8–099), conditions.) 41 FR 43112 at 43113. (emphasis
improved by estrogen alone. The agency in original)
containing diethylstilbestrol and
This action was taken as one part of
is taking this action because for this methyltestosterone;
a large agency undertaking with respect
indication there is not substantial 3. Tylosterone Tablets (NDA 7–661), to the labeling (patient-directed as well
evidence of the contribution of each containing diethylstilbestrol and as physician-directed) for all estrogen-
component to the effectiveness of these methyltestosterone; containing drug products. The following
combination drugs. FDA is offering an 4. Tace with Androgen Capsules documents were also published in the
opportunity for a hearing to persons (NDA 10–597), containing Federal Register of September 29, 1976:
affected by this action. chlorotrianisene and (1) 41 FR 43110 (DESI 2238; Certain
DATES: Requests for hearings are due on methyltestosterone; Preparations for Vaginal Use); (2) 41 FR
or before May 14, 2003. Data in support 5. Deladumone Injection and 43114 (DESI 1543; Certain Estrogen-
of hearing requests are due June 13, Deladumone OB Injection (NDA 9–545), Containing Drugs for Oral or Parenteral
2003. containing testosterone enanthate and Use); (3) 41 FR 43117 (DESI 740, 1543,
ADDRESSES: Communications in estradiol valerate. 2238, and 7661; Physician Labeling and
response to this notice should be As announced in that 1972 notice, Patient Labeling for Estrogens for
identified with the reference number FDA found these drugs to be safe and General Use); and (4) 41 FR 43108 (a
DESI 7661 and directed to the attention effective for the ‘‘prevention of proposed rule that would require certain
of the appropriate office named below. postpartum breast engorgement and ‘‘for patient-directed labeling for estrogens
A request for hearing, supporting data, the menopausal syndrome in those for general use).

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17954 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

The five applications listed below (59 FR 9989), respectively. The agency improved by estrogen alone. The use of
were approved on the basis of the 1976 withdrew approval of NDA 7–661 these combination drug products for any
notice, and their approvals are (Tylosterone Tablets) and NDA 8–099 other use, including but not limited to
withdrawn in a notice published (Tylosterone Injection), both containing the treatment of other menopausal
elsewhere in today’s issue of the diethylstilbestrol and symptoms, will not be considered in
Federal Register: methyltestosterone, and NDA 9–545 this proceeding. The effectiveness of
1. NDA 17–968 and ANDA 85–603 (Deladumone OB Injection and estrogen-androgen combination
(testosterone cypionate 50 milligrams/ Deladumone Injection, each containing products for indications not covered by
milliliter (mg/mL) and estradiol testosterone enanthate and estradiol this proceeding should be addressed
cypionate 2 mg/mL injection). valerate) in a notice published in the through the new drug application
2. ANDA 85–860 and ANDA 86–423 Federal Register of October 29, 1998 (63 process.
(testosterone enanthate 180 mg/mL and FR 58053).
estradiol valerate 8 mg/mL injection). In response to the notice of October II. The Safety and Effectiveness of
3. ANDA 85–865 (testosterone 29, 1998, on November 24, 1998, Solvay Estrogen-Androgen Combination Drug
enanthate 90 mg/mL and estradiol Pharmaceuticals submitted a citizen Products for the Treatment of
valerate 4 mg/mL injection). petition (Docket No. 98P–1041) Vasomotor Symptoms Associated With
In 1981, the Center for Drug requesting that FDA determine that the Menopause in Patients Not Improved
Evaluation and Research (CDER) (then products covered by the three by Estrogen Alone
the Bureau of Drugs) determined in applications withdrawn in the October The agency took a renewed interest in
response to requests from the sponsors 21, 1998, notice were not withdrawn for estrogen-androgen combination drug
that the effectiveness finding of the 1976 reasons of safety or effectiveness. As products when concerns were raised
DESI 7661 Federal Register notice could FDA is doing for the five estrogen- about the effect of androgens in
be applied to two combination drug androgen combination products whose lowering high-density lipoproteins
products that were not listed in the 1976 approvals are being withdrawn in a (Refs.
notice, but were being marketed at the notice published elsewhere in today’s 1 and 2). It is believed that oral
time: (1) Conjugated estrogens and issue of the Federal Register, the agency androgens can reverse the favorable
methyltestosterone and (2) esterified is deferring to the outcome of this impact of estrogen on lipoproteins (Ref.
estrogens and methyltestosterone. Based proceeding to amend the 1976 notice
on this finding, FDA filed (i.e., accepted 3). Other safety concerns were
the determination of whether the virilization (Refs. 4 and 5) and possible
for review) abbreviated new drug products covered by the three
applications (ANDAs) for these drug liver toxicity (Refs. 6, 7, and 8).
applications named in Solvay’s petition FDA concluded that the negative
products. Wyeth-Ayerst submitted were withdrawn for reasons of safety or
ANDA 85–515 for a drug product effects androgens may have on lipid
effectiveness. If the proceeding to profile may be offset by a potential
containing 0.625 mg conjugated amend the 1976 notice determines that
estrogens and 5 mg methyltestosterone, positive effect on bone mineral density
there is substantial evidence of
and ANDA 87–824 for a drug product (Refs. 1, 9, and 10).
effectiveness of the estrogen-androgen
containing 1.25 mg conjugated estrogens With respect to virilization (i.e.,
combination products for the treatment
and 10 mg methyltestosterone. Reid- hirsutism, acne, deepening of the voice,
of moderate to severe vasomotor
Provident Laboratories (subsequently alopecia, and clitoromegaly), FDA
symptoms associated with the
acquired by Solvay Pharmaceuticals, menopause in those patients not observed that the incidence varied
Inc.) submitted ANDA 87–212 for a drug improved by estrogen alone, then the widely in clinical studies and appeared
product containing 0.625 mg esterified products covered by the three to be dose and duration dependent. In
estrogens and 1.25 mg applications named in Solvay’s petition, a 2–year trial of 33 women treated with
methyltestosterone (Estratest H.S.), and as well as the five products referred to methyltestosterone 2.5 mg and esterified
ANDA 87–597 for a drug product in a notice published elsewhere in estrogen 1.25 mg daily, 36 percent
containing 1.25 mg esterified estrogens today’s issue of the Federal Register, reported a hair disorder and 30 percent
and 2.5 mg methyltestosterone will be regarded as not withdrawn for reported acne (Ref. 1). In the same 2–
(Estratest). reasons of effectiveness. year trial of 33 women treated with
In 1996, FDA withdrew Wyeth- As mentioned previously, there are esterified estrogen 1.25 mg daily, 3
Ayerst’s two pending applications two pending ANDAs for Solvay’s percent reported a hair disorder and 6
under 21 CFR 314.65 because the Estratest and Estratest H.S., originally percent reported acne (Ref. 1). In
applications had been inactive for many filed in 1981. However, as described in another trial at 24 months, 10 of the 154
years and Wyeth-Ayerst had stopped detail below, FDA no longer believes women treated with methyltestosterone
marketing the products. Solvay that estrogen-androgen combination and esterified estrogens and 3 of the 157
continues to market Estratest and drug products are effective for the women treated with esterified estrogens
Estratest H.S. The ANDAs for the treatment of moderate to severe reported hirsutism (Ref. 9).
Estratest products have not been vasomotor symptoms associated with FDA does not believe there is a
approved and are still pending. the menopause in those patients not serious risk for possible liver toxicity at
FDA has withdrawn approval of all improved by estrogen alone. FDA, the relatively low doses of androgen
five new drug applications (NDAs) therefore, has initiated this proceeding administered in standard oral estrogen-
named in the 1972 and 1976 notices. to amend the DESI finding of androgen combination therapies (Refs.
The agency withdrew approval of NDA effectiveness for these products. This 11, 12, and 13).
10–597 (Tace with Androgen Capsules proceeding is limited to a determination An agency review of the literature
containing chlorotrianisene and of whether there is substantial evidence regarding safety concerns led to scrutiny
methyltestosterone) and NDA 11–267 of the effectiveness of estrogen-androgen of the labeled indication, that is,
(Halodrin Tablets containing combination drug products for the moderate to severe vasomotor symptoms
fluoxymesterone and ethinyl estradiol) treatment of moderate to severe associated with the menopause in those
in Federal Register notices of June 25, vasomotor symptoms associated with patients not improved by estrogen
1993 (58 FR 34466), and March 2, 1994 the menopause in those patients not alone.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17955

Estrogen-alone drug products are between the two treatments. The 15 Other authors affirm the conclusion
approved for the treatment of moderate menopausal symptoms evaluated were that estrogen-androgen combination
to severe vasomotor symptoms hot flushes, cold sweats, vaginal drug products are not superior to
associated with the menopause. dryness, cold hands and feet, breast estrogen in reducing vasomotor
Vasomotor symptoms associated with pain or tenderness, numbness and symptoms (Refs. 3, 20 through 23).
the menopause are, simply put, ‘‘hot tingling, skin crawls, edema, increased Rosenberg summarized the evidence
flushes.’’ A hot flush is a sudden feeling facial or body hair, voice deepening, concerning the alleviation of vasomotor
of heat, usually on the face, neck, acne, trouble sleeping, pounding of the symptoms as follows: ‘‘Studies suggest
shoulders, and chest. Hot flushes have heart, dizzy spells, and pressure or that estrogen is primarily responsible for
been described as ‘‘recurrent, transient tightness in the head or body. A 2–year, reductions in vasomotor symptoms and
periods of flushing, sweating, and a multicenter, double-blind, randomized, that the addition of androgen neither
sensation of heat, often accompanied by parallel group study (Ref. 9) comparing improves nor detracts from this
palpitation, feeling of anxiety, and the effects of 2 doses of conjugated beneficial effect’’ (Ref. 24, p. 400).
sometimes followed by chills’’ (Ref. 14). equine estrogen and 2 doses of esterified III. FDA’s Conclusions Concerning the
When hot flushes occur at night, they estrogen plus methyltestosterone in a Safety and Effectiveness of Estrogen-
are often called night sweats. total of 311 surgically menopausal
The indication for estrogen-androgen Androgen Combination Drug Products
women found no differences among the
combination drug products is limited to groups in relief of hot flashes, sweats, For the reasons discussed previously,
that subset of women with ‘‘moderate to and vaginal dryness. FDA no longer regards combination
severe vasomotor symptoms associated drug products containing estrogen(s)
Clinical studies that evaluated the and androgen(s) as having been shown
with the menopause’’ that are ‘‘not
effect of estrogen-androgen combination to be effective for the treatment of
improved by estrogen alone’’ (emphasis
therapy specifically on hot flushes moderate to severe vasomotor symptoms
added). The precise wording of the
found that the combination does not associated with the menopause in those
indication quite narrowly defines the
reduce the frequency of vasomotor patients not improved by estrogen
intended population. Thus, to be found
symptoms more than estrogen alone. alone. The agency has closely examined
effective for this narrow indication,
Watts et al. (Ref. 1) compared treatment the data and information that formed
there would need to be reliable evidence
with esterified estrogens alone and the basis for the 1976 finding that such
that estrogen-androgen combination
treatment with esterified estrogens and combinations were effective for this
products are effective in treating the
population of menopausal women methyltestosterone in a 2–year, indication, as well as the subsequent
whose vasomotor symptoms are not multicenter, double-blind, randomized, literature, and has determined that there
relieved by estrogen alone. parallel group study conducted in 66 is a lack of substantial evidence that this
FDA believes that substantial surgically menopausal women. The combination is effective for ‘‘moderate
evidence is lacking that the addition of authors found no significant difference to severe vasomotor symptoms
an androgen can improve the in the mean reduction from baseline in associated with the menopause in those
effectiveness of estrogen alone in the the number of hot flushes between the patients not improved by estrogen
treatment of vasomotor symptoms (i.e., two groups. Sarrel et al. (Ref. 17) found alone.’’
hot flushes). An early randomized, no meaningful differences in relief from
hot flushes when 20 postmenopausal IV. References
placebo-controlled, five-arm, two-period
crossover clinical trial by Sherwin and women were treated for 8 weeks with The following references have been
Gelfand (Ref. 15) compared the effects esterified estrogens or an esterified placed on display in the Dockets
on surgically menopausal women of estrogens-androgen combination in a Management Branch (HFA–305), Food
immediate postoperative parenteral single-center, double-blind, and Drug Administration, 5630 Fishers
administration of estrogen alone (n=11), randomized, parallel group study. Lane, rm. 1061, Rockville, MD 20852,
androgen alone (n=10), estrogen and Burger (Ref. 18) administered and may be seen by interested persons
androgen in combination (n=12), and subcutaneous implants of estradiol and between 9 a.m. and 4 p.m., Monday
placebo (n=10) to hysterectomy controls testosterone to 17 menopausal women through Friday.
(n=10) and found that the androgen who complained that symptoms 1. Watts, N. B. et al., ‘‘Comparison of Oral
persisted, particularly loss of libido, Estrogens and Estrogens Plus Androgen on
alone, estrogen-androgen combination,
despite treatment with conjugated Bone Mineral Density, Menopausal
and control hysterectomy groups had Symptoms, and Lipid-Lipoprotein Profiles in
lower (i.e., lower frequency and equine estrogens. There was no Surgical Menopause,’’ Obstetrics &
severity) menopausal somatic symptoms statistically significant change from Gynecology, 85:529–537, 1995.
scores than the estrogen alone and baseline in hot flushes after treatment. 2. Hickok, L. R., C. Toomey, and L. Speroff,
placebo groups. The menopausal Myers et al. (Ref. 19) conducted a 10– ‘‘A Comparison of Esterified Estrogens With
somatic symptoms score evaluated a week, double-blind, placebo controlled, and Without Methyltestosterone: Effects on
constellation of symptoms including hot parallel group study in 40 naturally Endometrial Histology and Serum
menopausal women comparing 4 Lipoproteins in Postmenopausal Women,’’
flushes, cold sweats, weight gain,
Obstetrics & Gynecology, 82:919–924, 1993.
rheumatic pains, cold hands and feet, treatments: Conjugated estrogens alone, 3. Kaunitz, A. M., ‘‘The Role of Androgens
breast pains, headaches, numbness and conjugated estrogens and in Menopausal Hormonal Replacement,’’
tingling, and skin crawls. A single- medroxyprogesterone, conjugated Endocrinology and Metabolism Clinics of
center, double-blind randomized, 6– estrogens and androgen, and placebo. North America, 26(2):391–397, 1997.
month study by Hickok, Toomey, and The study found that the estrogen and 4. ACOG Committee on Gynecologic
Speroff (Ref. 2) compared the effects of estrogen/medroxyprogesterone groups Practice, ‘‘Committee Opinion: Androgen
treating surgically menopausal women had significantly fewer hot flashes than Treatment of Decreased Libido,’’ 2002
the estrogen/androgen or placebo Compendium of Selected Publications,
with esterified estrogens alone (n=13) or
American College of Obstetricians and
in combination with methyltestosterone groups. The authors concluded: ‘‘This Gynecologists, Washington, DC, pp. 5–6,
(n=13) on a similar constellation of result is consistent with other studies 2002.
menopausal symptoms, but found no showing no effect of androgen alone on 5. Gelfand, M. M., and B. Wiita, ‘‘Androgen
statistically significant difference hot flashes’’ (Ref. 19, p. 1129). and Estrogen-Androgen Hormone

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17956 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Replacement Therapy: A Review of the of the Menopause,’’ Journal of Clinical It is the responsibility of every drug
Safety Literature, 1941 to 1996,’’ Clinical Endocrinology and Metabolism, 10:1547– manufacturer or distributor to review
Therapeutics, 19(3):383–399, 1997. 1558, 1950. this notice to determine whether it
6. Westaby, D. et al, ‘‘Liver Damage from 21. McNagny, S. E., ‘‘Prescribing Hormone covers any drug product that the person
Long-Term Methyltestosterone,’’ Lancet, Replacement Therapy for Menopausal
2:262–263, 1977. Symptoms,’’ Annals of Internal Medicine,
manufactures or distributes. Any person
7. Turani, H. et al., ‘‘Hepatic Lesions in 131(8):605–616, 1999. may request an opinion of the
Patients on Anabolic Androgenic Therapy,’’ 22. Barlow, D. H. et al., ‘‘Long-Term applicability of this notice to a specific
Israel Journal of Medical Sciences, 19:332– Hormone Implant Therapy—Hormonal and drug product by writing to the Division
337, 1983. Clinical Effects,’’ Obstetrics & Gynecology, of New Drugs and Labeling Compliance
8. Lucey, M. R., and R. H. Moseley, ‘‘Severe 67:321–325, 1986. (see ADDRESSES).
Cholestasis Associated With 23. Rymer, J., and E. Morris, ‘‘Menopausal A request for a hearing may not rest
Methyltestosterone: A Case Report,’’ Symptoms,’’ Clinical Evidence, 5: 1308–1310, upon mere allegations or denials but
American Journal of Gastroenterology, June 2001. must set forth specific facts showing
82:461–462, 1987. 24. Rosenberg, M. J., T. D. N. King, and M. that a genuine and substantial issue of
9. Barrett-Connor, E. et al, ‘‘A Two-Year, C. Timmons, ‘‘Estrogen-Androgen for
Double-Blind Comparison of Estrogen- fact requires a hearing, together with a
Hormone Replacement: A Review,’’ Journal
Androgen and Conjugated Estrogens in of Reproductive Medicine, 42(7):394–404,
well-organized and full factual analysis
Surgically Menopausal Women,’’ Journal of 1997. of the clinical and other investigational
Reproductive Medicine, 44:1012–1020, 1999. data that the objector is prepared to
10. Raisz, L. G. et al, ‘‘Comparison of the V. Amendment prove in a hearing. Any data submitted
Effects of Estrogen Alone and Estrogen Plus in response to this notice must be
Androgen on Biochemical Markers of Bone
Based on the findings discussed in
section II of this document, FDA is previously unsubmitted and include
Formation and Resorption in data from adequate and well-controlled
Postmenopausal Women,’’ Journal of Clinical amending the Federal Register notice of
September 29, 1976 (41 FR 43112), to clinical investigations as described in 21
Endocrinology and Metabolism, 81:37–43,
1996. reclassify estrogen-androgen CFR 314.126.
11. Gitlin, N., P. Korner, and H. Yang, This notice of opportunity for hearing
combination drugs as lacking
‘‘Liver Function in Postmenopausal Women encompasses all issues relating to the
substantial evidence of effectiveness for
on Estrogen-Androgen Hormone legal status of the drug products subject
moderate to severe vasomotor symptoms
Replacement Therapy: A Meta-Analysis of to it (including identical, related, or
associated with the menopause in those
Eight Clinical Trials,’’ Menopause, 6(3):216– similar drug products as defined in
patients not improved by estrogen
224, 1999. § 310.6), e.g., any contention that any
12. Ettinger, B., ‘‘Letter: Estrogen-Androgen alone.
such drug product is not a new drug
Hepatotoxicity,’’ American Journal of Drug products covered by this notice because it is generally recognized as safe
Obstetrics and Gynecology, 178(3):627–628, (i.e., estrogen-androgen combination and effective within the meaning of
1998. drugs) are regarded as new drugs section 201(p) of the act or because it is
13. Phillips, E., and C. Bauman, ‘‘Safety (section 201(p) of the Federal Food,
Surveillance of Esterified Estrogens- exempt from part or all of the new drug
Drug, and Cosmetic Act (the act) 21 provisions of the act under the
Methyltestosterone (ESTRATEST and U.S.C. 321(p)). An approved NDA is
ESTRATEST HS) Replacement Therapy in exemption for drug products marketed
the United States,’’ Clinical Therapeutics,
required for marketing. before June 25, 1938, in section 201(p)
19(5):1070–1084, 1997. VI. Notice of Opportunity for a Hearing of the act, or under section 107(c)of the
14. Kronenberg, F., ‘‘Hot Flashes: Drug Amendments of 1962, or for any
Epidemiology and Physiology,’’ Annals of the Any manufacturer or distributor of a other reason. With respect to the issue
New York Academy of Sciences, 592:52–86, drug product affected by this notice is of effectiveness, however, this notice is
1990. hereby offered an opportunity for a limited to whether there is substantial
15. Sherwin, B., and M. Gelfand, hearing to show why estrogen-androgen evidence of the effectiveness of
‘‘Differential Symptom Response to combination drugs should not be
Parenteral Estrogen and/or Androgen estrogen-androgen combination drug
reclassified as lacking substantial products for the treatment of moderate
Administration in the Surgical Menopause,’’
evidence of effectiveness for moderate to severe vasomotor symptoms
American Journal of Obstetrics and
Gynecology, 151(2):153–160, 1985. to severe vasomotor symptoms associated with the menopause in those
16. Barrett-Connor, E., ‘‘Efficacy and Safety associated with the menopause in those patients not improved by estrogen
of Estrogen/Androgen Therapy,’’ Journal of patients not improved by estrogen alone. The use of these drug products
Reproductive Medicine, 43(8–Suppl.):746– alone. for any indication other than for the
752, 1998. This notice applies to the particular treatment of moderate to severe
17. Sarrel, P. et al., ‘‘Estrogen and Estrogen- estrogen-androgen combination drugs vasomotor symptoms associated with
Androgen Replacement in Postmenopausal named in this notice and to any the menopause in those patients not
Women Dissatisfied with Estrogen-Only identical, related, or similar drug
Therapy,’’ Journal of Reproductive Medicine, improved by estrogen alone will not be
43(10):847–856, 1998.
product under § 310.6 (21 CFR 310.6), considered in this proceeding.
18. Burger, H. et al., ‘‘The Management of whether or not it is the subject of an Any person subject to this notice who
Persistent Menopausal Symptoms with approved NDA or ANDA. Estrogen- decides to seek a hearing shall file: (1)
Oestradiol-Testosterone Implants: Clinical, androgen combination drugs subject to On or before May 14, 2003, a written
Lipid and Hormonal Results,’’ Maturitas, this notice include, but are not limited notice of appearance and request for
6:351–358, 1984. to, the following combination drugs: hearing, and (2) on or before June 13,
19. Myers, L. S. et al., ‘‘Effects of Estrogen, fluoxymesterone and ethinyl estradiol; 2003, the data, information, and
Androgen and Progestin on Sexual diethylstilbestrol and analyses relied on to demonstrate that
Psychophysiology and Behavior in methyltestosterone; chlorotrianisene there is a genuine issue of material fact
Postmenopausal Women,’’ Journal of Clinical
Endocrinology and Metabolism, 70(4):1124–
and methyltestosterone; testosterone to justify a hearing. Any other interested
1131, 1990. enanthate and estradiol valerate; person may also submit comments on
20. Greenblatt, R. B. et al., ‘‘Evaluation of testosterone cypionate and estradiol this notice. The procedures and
an Estrogen, Androgen, Estrogen-Androgen cypionate; and esterified estrogens and requirements governing this notice of
Combination, and a Placebo in the Treatment methyltestosterone. opportunity for a hearing, a notice of

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17957

appearance and request for a hearing, All submissions under this notice of ACTION: Notice.
information and analyses to justify a opportunity for a hearing are to be filed
hearing, other comments, and a grant or in four copies. Except for data and SUMMARY: The Food and Drug
denial of a hearing are contained in information prohibited from public Administration (FDA) is withdrawing
§ 314.200 (21 CFR 314.200) and in 21 disclosure under 21 U.S.C. 331(j) or 18 approval of one new drug application
CFR part 12. U.S.C. 1905, the submissions may be (NDA) and four abbreviated new drug
The failure of any person subject to seen in the Dockets Management Branch applications (ANDAs). The holders of
this notice to file a timely written notice (address above) between 9 a.m. and 4 the applications notified the agency in
of appearance and request for hearing, p.m., Monday through Friday. writing that the drug products were no
as required by § 314.200, constitutes an This notice is issued under the
election by that person not to use the longer marketed and requested that the
Federal Food, Drug, and Cosmetic Act approval of the applications be
opportunity for a hearing concerning the (secs. 502, 505, 21 U.S.C. 352, 355) and
action proposed and a waiver of any withdrawn.
under authority delegated to the
contentions concerning the legal status Director of the Center for Drug EFFECTIVE DATE: May 14, 2003.
of that person’s drug product(s). Any Evaluation and Research (21 CFR 5.100).
new drug product marketed without an FOR FURTHER INFORMATION CONTACT:
Dated: April 4, 2003.
approved new drug application is David T. Read, Center for Drug
subject to regulatory action at any time, Janet Woodcock,
Evaluation and Research (HFD–7), Food
but any person subject to this notice Director, Center for Drug Evaluation and and Drug Administration, 5600 Fishers
who files a timely written notice of Research.
Lane, Rockville, MD 20857, 301–594–
appearance and request for hearing and [FR Doc. 03–9065 Filed 4–10–03; 8:45 am]
2041.
who remains a party to this proceeding BILLING CODE 4160–01–S
will not be subject to regulatory action SUPPLEMENTARY INFORMATION: The
for matters covered by this notice until holders of the applications listed in the
the conclusion of this proceeding. If it DEPARTMENT OF HEALTH AND table in this document have informed
conclusively appears from the face of HUMAN SERVICES FDA that these drug products are no
the data, information, and factual longer marketed and have requested that
analyses in the request for hearing that Food and Drug Administration
FDA withdraw approval of the
there is no genuine and substantial issue applications. The applicants have also,
[Docket Nos. 98N–0718 and 76N–0377]
of fact to justify a hearing, or if a request by their requests, waived their
for hearing is not made in the required Pharmacia & Upjohn et al.; Withdrawal opportunity for a hearing.
format or with the required analyses, the of Approval of One New Drug
Commissioner of Food and Drugs will Application and Four Abbreviated New
enter summary judgment against the Drug Applications
person(s) who requests the hearing,
making findings and conclusions, and AGENCY: Food and Drug Administration,
denying a hearing. HHS.

Application No. Drug Applicant

NDA 17–968 Depo-Testadiol (testosterone cypionate and Pharmacia & Upjohn Co., 7000 Portage Rd.,
estradiol cypionate) Injection, 50 milli- Kalamazoo, MI 49001–0199.
grams/milliliter (mg/mL) and 2 mg/mL.

ANDA 85–603 Testosterone Cypionate-Estradiol Cypionate Steris Laboratories, Inc., 620 North 51st Ave.,
Injection. Phoenix, AZ 85043–4706.

ANDA 85–860 Testosterone Enanthate and Estradiol Val- Do.


erate Injection, 180 mg/mL and 8 mg/mL.

ANDA 85–865 Testosterone Enanthate and Estradiol Val- Do.


erate Injection, 90 mg/mL and 4 mg/mL.

ANDA 86–423 Ditate-DS (testosterone enanthate and estra- Savage Laboratories, 60 Baylis Rd., Melville,
diol valerate) Injection, 180 mg/mL and 8 NY 11747.
mg/mL.

The applications listed in the table in estrogen-androgen combination listed in this notice were withdrawn for
this document, all estrogen-androgen products specifically named in the reasons of safety or effectiveness.
combination products, were submitted notice proposing to amend the 1976 Therefore, under section 505(e) of the
following a finding by the FDA notice, as well as of any products that Federal Food, Drug, and Cosmetic Act
published in the Federal Register of are identical, related, or similar (21 U.S.C. 355(e)) and under authority
September 29, 1976 (41 FR 43112). (including but not limited to the five delegated to the Director, Center for
Elsewhere in today’s issue of the products listed in this notice). The Drug Evaluation and Research (21 CFR
Federal Register, FDA is initiating a agency, therefore, is deferring until the 5.105), approval of the applications
proceeding in which it proposes to outcome of that proceeding the listed in the table in this document, and
amend the 1976 notice. That proceeding determination, under § 314.161 (21 CFR all amendments and supplements
will determine if there is substantial 314.161), of whether the five products thereto, is hereby withdrawn, effective
evidence of effectiveness of the May 14, 2003.

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17958 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

Dated: April 4, 2003. before the committee. Written Date and Time: The meeting will be
Janet Woodcock, submissions may be made to the contact held on May 16, 2003, from 8 a.m. to 5
Director, Center for Drug Evaluation and person by May 6, 2003. Oral p.m.
Research. presentations from the public will be Location: Holiday Inn, Versailles
[FR Doc. 03–9064 Filed 4–10–03; 8:45 am] scheduled between approximately 1 Ballrooms, 8120 Wisconsin Ave.,
BILLING CODE 4160–01–S p.m. and 2 p.m. on May 13, 2003, and Bethesda, MD, 301–652–2000.
between approximately 11 a.m. and 12 Contact Person: Karen M. Templeton-
noon on May 14, 2003. Time allotted for Somers, Center for Drug Evaluation and
DEPARTMENT OF HEALTH AND each presentation may be limited. Those Research (HFD–21), Food and Drug
HUMAN SERVICES desiring to make formal oral Administration, 5600 Fishers Lane (for
presentations should notify the contact express delivery, 5630 Fishers Lane, rm.
Food and Drug Administration person before May 6, 2003, and submit 1093) Rockville, MD 20857, 301–827–
a brief statement of the general nature of 7001, or e–mail: SomersK@cder.fda.gov,
Antiviral Drugs Advisory Committee;
the evidence or arguments they wish to or FDA Advisory Committee
Notice of Meeting
present, the names and addresses of Information Line, 1–800–741–8138
AGENCY: Food and Drug Administration, proposed participants, and an (301–443–0572 in the Washington, DC
HHS. indication of the approximate time area) code 12543. Please call the
ACTION: Notice. requested to make their presentation. Information Line for up to date
Persons attending FDA’s advisory information on this meeting.
This notice announces a forthcoming committee meetings are advised that the Agenda: The committee will discuss
meeting of a public advisory committee agency is not responsible for providing supplemental new drug application
of the Food and Drug Administration access to electrical outlets. (sNDA) 20–690, supplement SE1–020,
(FDA). The meeting will be open to the ARICEPTR (donepezil hydrochloride
public. FDA welcomes the attendance of the
public at its advisory committee tablets), Eisai Medical Research Inc.,
Name of Committee: Antiviral Drugs indicated for the treatment of vascular
Advisory Committee. meetings and will make every effort to
accommodate persons with physical dementia. The background material will
General Function of the Committee:
disabilities or special needs. If you become available no later than the day
To provide advice and
require special accommodations due to before the meeting and will be posted
recommendations to the agency on
a disability, please contact Tara Turner under the Peripheral and Central
FDA’s regulatory issues.
Date and Time: The meeting will be at least 7 days in advance of the Nervous System Drugs Advisory
held on May 13 and 14, 2003, from 8 meeting. Committee docket site at http://
a.m. to 5 p.m. www.fda.gov/ohrms/dockets/ac/
Notice of this meeting is given under
Location: Holiday Inn, The Ballrooms, acmenu.htm. (Click on the year 2003
the Federal Advisory Committee Act (5
Two Montgomery Village Ave., and scroll down to the Peripheral and
U.S.C. app. 2).
Gaithersburg, MD. Central Nervous System Drugs Advisory
Dated: April 7, 2003. Committee meetings.)
Contact Person: Tara P. Turner,
Center for Drug Evaluation and Research Linda Arey Skladany, Procedure: Interested persons may
(HFD–21), Food and Drug Associate Commissioner for External present data, information, or views,
Administration, 5600 Fishers Lane (for Relations. orally or in writing, on issues pending
express delivery, 5630 Fishers Lane, rm. [FR Doc. 03–9031 Filed 4–11–03; 8:45 am] before the committee. Written
1093), Rockville, MD 20857, 301–827– BILLING CODE 4160–01–S submissions may be made to the contact
7001, e-mail: TurnerT@cder.fda.gov, or person by May 9, 2003. Oral
FDA Advisory Committee Information presentations from the public will be
Line, 1–800–741–8138 (301–443–0572 DEPARTMENT OF HEALTH AND scheduled between approximately 1:30
in the Washington, DC area), code HUMAN SERVICES p.m. and 2:30 p.m. Time allotted for
12531. Please call the Information Line each presentation may be limited. Those
Food and Drug Administration desiring to make formal oral
for up-to-date information on this
meeting. presentations should notify the contact
Peripheral and Central Nervous
Agenda: On May 13, 2003, the person before May 9, 2003, and submit
System Drugs Advisory Committee;
committee will discuss new drug a brief statement of the general nature of
Notice of Meeting
applications (NDA) 21–567 and 21–568, the evidence or arguments they wish to
REYATAZ (atazanavir sulfate) capsules AGENCY: Food and Drug Administration, present, the names and addresses of
and powder for oral use, Bristol-Myers HHS. proposed participants, and an
Squibb Co., proposed for the treatment indication of the approximate time
of human immunodeficiency virus ACTION: Notice. requested to make their presentation.
(HIV) infection in combination with Persons attending FDA’s advisory
This notice announces a forthcoming committee meetings are advised that the
other antiretroviral agents. On May 14,
meeting of a public advisory committee agency is not responsible for providing
2003, the committee will discuss
of the Food and Drug Administration access to electrical outlets.
supplemental new drug application
(FDA). The meeting will be open to the FDA welcomes the attendance of the
(SNDA) 20–550/S–019, VALTREX
public. public at its advisory committee
(valacyclovir hydrochloride) caplets,
GlaxoSmithKline, proposed for Name of Committee: Peripheral and meetings and will make every effort to
reduction of the risk of transmission of Central Nervous System Drugs Advisory accommodate persons with physical
genital herpes with the use of Committee. disabilities or special needs. If you
suppressive therapy. General Function of the Committee: require special accommodations due to
Procedure: Interested persons may To provide advice and a disability, please contact Karen
present data, information, or views, recommendations to the agency on Templeton-Somers at least 7 days in
orally or in writing, on issues pending FDA’s regulatory issues. advance of the meeting.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17959

Notice of this meeting is given under Analytical Technologies Subcommittee Program as it relates to the inspections
the Federal Advisory Committee Act (5 to Manufacturing Subcommittee. of manufacturers of vaccines,
U.S.C. app. 2). Procedure: Interested persons may allergenics, fractionated plasma
Dated: April 7, 2003.
present data, information, or views, products, licensed in vitro diagnostics,
orally or in writing, on issues pending and therapeutic products. The goal of
Linda Arey Skladany,
before the subcommittee. Written the public meeting is to give
Associate Commissioner for External submissions may be made to the contact
Relations.
stakeholders the opportunity to provide
person by May 13, 2003. Oral input on how they think the agency
[FR Doc. 03–9032 Filed 4–11–03; 8:45 am] presentations from the public will be should measure the effectiveness of the
BILLING CODE 4160–01–S scheduled between approximately 11:30 Team Biologics Program. We will use
a.m. and 12:30 p.m. on both days. Time the information obtained to identify
allotted for each presentation may be criteria to prospectively evaluate the
DEPARTMENT OF HEALTH AND limited. Those desiring to make formal
HUMAN SERVICES Team Biologics Program.
oral presentations should notify the DATES: The public meeting will be held
Food and Drug Administration contact person before May 13, 2003, and on Wednesday, May 21, 2003, from 8
submit a brief statement of the general a.m. to 12 noon.
Manufacturing Subcommittee of the nature of the evidence or arguments Submit requests via fax or e-mail by
Advisory Committee for they wish to present, the names and May 1, 2003, to make an oral
Pharmaceutical Science; Notice of addresses of proposed participants, and presentation. Submit a copy of all
Meeting an indication of the approximate time presentation materials by May 15, 2003.
requested to make their presentation. If you are not making an oral
AGENCY: Food and Drug Administration, Persons attending FDA’s advisory presentation, submit registration
HHS. committee meetings are advised that the information by May 12, 2003.
ACTION: Notice. agency is not responsible for providing Submit written or electronic
access to electrical outlets. comments by June 10, 2003.
This notice announces a forthcoming FDA welcomes the attendance of the
meeting of a public advisory committee ADDRESSES: The public meeting will be
public at its advisory committee held at the Parklawn Bldg., conference
of the Food and Drug Administration meetings and will make every effort to
(FDA). The meeting will be open to the room D, 5600 Fishers Lane, Rockville,
accommodate persons with physical MD 20857.
public. disabilities or special needs. If you
Name of Committee: Manufacturing Submit requests to make an oral
require special accommodations due to presentation, registration information,
Subcommittee of the Advisory a disability, please contact Kathleen
Committee for Pharmaceutical Science. and any presentation material to
Reedy at least 7 days in advance of the Melanie Whelan (see FOR FURTHER
General Function of the Committee: meeting.
To provide advice and INFORMATION CONTACT). The requested
Notice of this meeting is given under registration information is listed in
recommendations to the agency on the Federal Advisory Committee Act (5
FDA’s regulatory issues. section II of this document.
U.S.C. app. 2). Submit written comments to the
Date and Time: The meeting will be
held on May 21 and 22, 2003, from 8:30 Dated: April 7, 2003. Dockets Management Branch (HFA–
a.m. to 5 p.m. Linda Arey Skladany, 305), Food and Drug Administration,
Location: Marriott Washingtonian Associate Commissioner for External 5630 Fishers Lane, rm. 1061, Rockville,
Center, Ballrooms A, B, C, and D, 9751 Relations. MD 20852. Submit electronic comments
Washingtonian Blvd., Gaithersburg, MD. [FR Doc. 03–9029 Filed 4–11–03; 8:45 am] to http://www.fda.gov/dockets/
Contact Person: Kathleen Reedy, BILLING CODE 4160–01–S ecomments.
Center for Drug Evaluation and Research FOR FURTHER INFORMATION CONTACT:
(HFD–21), Food and Drug Melanie N. Whelan, Center for Biologics
Administration, 5600 Fishers Lane (for DEPARTMENT OF HEALTH AND Evaluation and Research (HFM–43),
express delivery, 5630 Fishers Lane, rm. HUMAN SERVICES Food and Drug Administration, 1401
1093), Rockville, MD 20857, 301–827– Rockville Pike, Rockville, MD 20852–
Food and Drug Administration
7001, e-mail: REEDYK@cder.fda.gov, or 1448, 301–827–2000, FAX 301–827–
FDA Advisory Committee Information [Docket No. 03N–0134] 3079, or e-mail: Whelan@cber.fda.gov.
Line, 1–800–741–8138 (301–443–0572 SUPPLEMENTARY INFORMATION:
in the Washington, DC area), code Team Biologics Program
12539. Please call the Information Line Effectiveness; Public Meeting I. Scope of Public Meeting
for up-to-date information on this AGENCY: Food and Drug Administration, FDA is seeking input on ways to
meeting. HHS. evaluate the Team Biologics Program.
Agenda: On May 21, 2003, the ACTION: Notice of public meeting; The Team Biologics Program,
subcommittee will discuss: (1) The request for comments. established in 1997, is a partnership
mission of the subcommittee; and (2) between FDA’s Center for Biologics
direction of the Pharmaceutical Current SUMMARY: The Food and Drug Evaluation and Research and the Office
Good Manufacturing Practices (CGMPs) Administration (FDA) is announcing the of Regulatory Affairs, which uses the
for the 21st Century: A Risk-Based following public meeting: Team diverse skills and knowledge of both
Approach. On May 22, 2003, the Biologics Program Effectiveness. The organizations to focus resources on
subcommittee will discuss: (1) The Center for Biologics Evaluation and inspectional and compliance issues in
regulatory approaches regarding aseptic Research and the Office of Regulatory the biologics area. Comments are sought
manufacturing; and (2) process Affairs, FDA, are sponsoring an open at this public meeting about specific
analytical technologies and transition public meeting to solicit views and methods, tools, criteria, and metrics that
from the Advisory Committee for comments in an effort to measure the could be used in this effort. In
Pharmaceutical Science—Process effectiveness of the Team Biologics presentations we ask that you

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17960 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

specifically address criteria that FDA 5600 Fishers Lane, Rockville, MD Method Development, in the Office of
may consider in assessing the following 20857, approximately 15 working days Vaccines Research and Review.
areas: after the meeting at a cost of 10 cents Procedure: On May 8, 2003, from 1:30
1. Industry compliance with per page. The transcript of the public p.m. to 3:30 p.m., the meeting is open
applicable laws and regulations, meeting will be available for review at
2. The consistency of our inspection to the public. Interested persons may
the Dockets Management Branch and on
and compliance activities, present data, information, or views,
the Internet at http://www.fda.gov/
3. The effects of our inspection and orally or in writing, on issues pending
ohrms/dockets. The transcript will also
compliance activities on product be placed on the Internet at http:// before the committee. Written
quality, and www.fda.gov/cber/minutes/workshop- submissions may be made to the contact
4. The impact of our approach on min.htm. person by April 25, 2003. Oral
public health. presentations from the public will be
Dated: April 8, 2003.
scheduled between approximately 2:30
II. Registration and Requests for Oral Jeffrey Shuren, p.m. and 3:30 p.m. Time allotted for
Presentations Assistant Commissioner for Policy. each presentation may be limited. Those
You must preregister by May 1, 2003, [FR Doc. 03–9063 Filed 4–11–03; 8:45 am] desiring to make formal oral
if you would like to make an oral BILLING CODE 4160–01–S presentations should notify the contact
presentation. Please send your name, person before April 25, 2003, and
title, affiliation, street address, e-mail submit a brief statement of the general
address, and telephone and fax DEPARTMENT OF HEALTH AND
nature of the evidence or arguments
numbers, along with a short description HUMAN SERVICES
they wish to present, the names and
of the topics you wish to address, to
Food and Drug Administration addresses of proposed participants, and
Melanie Whelan. Due to the time
an indication of the approximate time
constraints of this meeting, only 15 oral
Vaccines and Related Biological requested to make their presentation.
presentation requests can be accepted,
Products Advisory Committee; Notice Closed Committee Deliberations: On
and each presentation will be limited to
of Meeting May 8, 2003, from 3:30 p.m. to 4 p.m.,
10 minutes. Each person who submits a
request will receive a response by May AGENCY: Food and Drug Administration, the meeting will be closed to permit
6, 2003, stating whether they have been HHS. discussion where disclosure would
included in the program. Please submit constitute a clearly unwarranted
ACTION: Notice.
a copy of all presentation materials to invasion of personal privacy (5 U.S.C.
Melanie Whelan by May 15, 2003. This notice announces a forthcoming 552b(c)(6)). The meeting will be closed
We encourage early registration meeting of a public advisory committee to discuss personal information
because seating is limited to the first of the Food and Drug Administration concerning individuals associated with
100 registrants. Registration closes on (FDA). At least one portion of the the intramural laboratory research
Monday, May 12, 2003. Please send meeting will be closed to the public. programs.
your name and affiliation to Melanie Name of Committee: Vaccines and
Whelan. You will receive confirmation Persons attending FDA’s advisory
Related Biological Products Advisory committee meetings are advised that the
of your registration. There is no Committee.
registration fee. agency is not responsible for providing
General Function of the Committee: access to electrical outlets.
If you need special accommodations
To provide advice and
due to a disability, please contact FDA welcomes the attendance of the
recommendations to the agency on
Melanie Whelan at least 7 days in public at its advisory committee
FDA’s regulatory issues.
advance. meetings and will make every effort to
Date and Time: The meeting will be
III. Request for Comments held on May 8, 2003, from 1:30 p.m. to accommodate persons with physical
4 p.m. disabilities or special needs. If you
The agency has established a docket
Location: Food and Drug require special accommodations due to
to receive any ideas regarding the Team
Administration, 29 Lincoln Dr., bldg. a disability, please contact Jody G.
Biologics Program. Regardless of
attendance at the public meeting, 29B, conference room A, Bethesda, MD. Sachs or Denise H. Royster at least 7
interested persons may submit to the This meeting will be held by a days in advance of the meeting.
Dockets Management Branch (see telephone conference call. The public is Notice of this meeting is given under
ADDRESSES) written or electronic welcome to attend the open session of the Federal Advisory Committee Act (5
comments. Submit a single copy of the meeting at the specified location. U.S.C. app. 2).
electronic comments or two copies of Contact Person: Jody G. Sachs or
Denise H. Royster, Food and Drug Dated: April 7, 2003.
any mailed comments, except that
Administration, Center for Biologics Linda Arey Skladany,
individuals may submit one paper copy.
Comments are to be identified with the Evaluation and Research (HFM–71), 301 Associate Commissioner for External
docket number found in brackets in the 827–0314, or FDA Advisory Committee Relations.
heading of this document. Received Information Line, 1–800–741–8138 [FR Doc. 03–9030 Filed 4–11–03; 8:45 am]
comments may be seen in the Dockets (301–443–0572 in the Washington, DC BILLING CODE 4160–01–S
Management Branch between 9 a.m. and area), code 12391. Please call the
4 p.m., Monday through Friday. Information Line for up-to-date
information on this meeting.
IV. Transcripts Agenda: The committee will review
Transcripts of the meeting may be and discuss the intramural research
requested in writing from the Freedom programs of the Laboratory of
of Information Office (HFI–35), Food Mycobacterial Diseases & Cellular
and Drug Administration, rm. 12A–16, Immunology and the Laboratory of

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17961

DEPARTMENT OF HEALTH AND grants funded under the comprehensive we withhold their home address from
HUMAN SERVICES management plan (CMP) option and the the record, which we will honor to the
cumulative effects of activities that are extent allowable by law. If a respondent
Health Resources and Services funded under the grants. The grants are wishes us to withhold his/her name
Administration awarded to the Ohio Department of and/or address, this must be stated
Natural Resources (ODNR), Division of prominently at the beginning of the
Poison Control Program; Poison Wildlife (DOW). comment.
Control Centers Stabilization and The Service’s categorical exclusion ADDRESSES: Comments should be
Enhancement Grant Program, [516 DM 6, Appendix 1, Section
Financial Stabilization Supplemental addressed to: Michael Vanderford or Jon
1.4.E(1)] applies to this action; however, Parker, U.S. Fish and Wildlife Service,
Grants (PCCFS); Availability of Funds the Service is seeking public comments Division of Federal Aid, 1 Federal Drive,
in the HRSA Preview; Withdrawal in this instance in order to determine Fort Snelling, MN 55111–4056.
(CFDA Number 93.253) whether any exceptions to the Electronic mail comments may also be
AGENCY: Health Resources and Services categorical exclusion (516 DM 2, submitted within the comment period
Administration, HHS. Appendix 2) may apply, especially for to: ohdnrgrants@fws.gov.
controversial environmental effects (2.3) FOR FURTHER INFORMATION CONTACT: Jon
ACTION: Notice; withdrawal.
or cumulative effects (2.5), thereby Parker (Wildlife Restoration, Wildlife
SUMMARY: In the Federal Register notice necessitating the development of an Conservation and Restoration) or
of Friday, August 9, 2002, in Part VI Environmental Assessment (EA). Michael Vanderford (Sport Fish
‘‘Availability of Funds Announced in Primary focus for this review is to Restoration). U.S. Fish And Wildlife
the HRSA Preview’’ of FR Doc. 02– address statewide cumulative and Service, Federal Aid Division, 1 Federal
20021, on page 52087, the grant category secondary effects of activities conducted Drive, Fort Snelling, MN 5511;
beginning in the first column under the by the ODNR, DOW that are funded telephone: 612/713–5130.
heading ‘‘Poison Control Centers under Federal Aid in Wildlife SUPPLEMENTARY INFORMATION: These
Stabilization and Enhancement Grant Restoration Act (WR) Grant Number W– grants are subject to the requirements of
Program, Financial Stabilization 134–P and Federal Aid in Sport Fish the Sport Fish and Wildlife Restoration
Supplemental Grants (PCCFS), CFDA Restoration Act (SFR) Grant Number F– Acts, federal regulations (50 CFR part 80
Number 93.253,’’ is withdrawn from 69–P and administered by the Region 3 and 43 CFR part 12) and the Service’s
competition due to the discovery of Federal Aid Division of the U.S. Fish Federal Aid Handbook. Administration
unanticipated complex issues that are and Wildlife Service. A secondary focus of these grants uses a management
not resolvable within a timeframe which is to address the processes used by the system identified in the Grant Proposal
would permit the awarding of these ODNR, DOW to select and complete consistent with a plan for fish, wildlife
grants during fiscal year 2003. those activities. Each individual project, and habitat. This plan provides program
FOR FURTHER INFORMATON: Carol A.
or group of projects, will continue to direction in Ohio and types of activities
Delany, Division of Children, receive site specific NEPA review when that may constitute projects subject to
Adolescent and Family Health, Maternal it is submitted for funding. Therefore an annual application for funds process.
and Child Health Bureau, Health the scope of this review is broad and The comprehensive management system
Resources and Services Administration, directed at impacts that may not be is described in the Grant Proposal
Room 18A–38, Parklawn Building, 5600 detected with individual projects along which includes a description of the
Fishers Lane, Rockville, MD 20857; with consideration of the overall ODNR, DOW strategic planning process,
telephone, (301) 443–5848. planning system utilized by Ohio. its operational planning process and its
Comments on site specific projects are control/evaluation process. Copies of
Dated: April 7, 2003. not within the scope of this review the Grant Proposals for fish management
Elizabeth M. Duke, although comments regarding the affects and wildlife management are available
Administrator. of types of projects would be at: http://midwest.fws.gov/NEPA. Hard
[FR Doc. 03–8973 Filed 4–11–03; 8:45 am] appropriate. copies of the supporting Strategic Plan,
BILLING CODE 4165–15–P DATES: Written comments should be Tactical Plans, and the Comprehensive
received on or before May 14, 2003. Management System (CMS) Handbook
Public Involvement: The public is and addendum are available for review
DEPARTMENT OF THE INTERIOR invited to participate in the comment at: Ohio Division of Wildlife,
process. Locations for supporting Department of Natural Resources, Public
Fish and Wildlife Service reference information are provided Lobby Reception Desk, Building G, 1840
under SUPPLEMENTARY INFORMATION. Belcher Drive, Columbus, Ohio (near
Federal Grant Use by the Ohio
Written comments should be received Morse Road and Cleveland Avenue). It
Department of Natural Resources
within 30 days from the date of would be helpful if persons wishing to
AGENCY: Fish and Wildlife Service, publication of this Notice of Intent. All review these documents would contact
Interior. comments received from individuals Verdie Abel at 614/265–7020 ahead of
ACTION: Notice of intent. become part of the official public time.
record. Requests for such comments will The Service may choose to analyze
SUMMARY: This notice advises the public be handled in accordance with the the impacts of the two federal grants
that the U.S. Fish and Wildlife Service Freedom of Information Act and the separately because their intended
(Service) intends to gather information Council on Environmental Quality’s purposes are different. The Service is
to conduct a 30-day comment period to NEPA regulations [40 CFR 1506.6(f)]. using this notification as it considers
solicit public response for a National Our practice is to make comments, approving continuation of the CMP
Environmental Policy Act (NEPA) including names and home addresses of option for the next six years. The intent
decision on approval of two federal respondents, available for public review of the notice is to obtain suggestions and
grant proposal renewals. The action to during regular business hours. additional information from other
be evaluated is the continuation of two Individual respondents may request that agencies and the public on the scope of

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17962 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

issues to be considered. Comments and DEPARTMENT OF THE INTERIOR display the OMB control number and
participation in this comment process the expiration date.
are solicited. Bureau of Indian Affairs
Class III Gaming Procedures
The ODNR, DOW has utilized SFR Class III Gaming Procedures and Tribal Type of review: Extension of a
and WR funds since Congress enacted Revenue Allocation Plans: Submission currently approved collection.
the programs in 1950 and 1937, to OMB Title: Class III Gaming Procedures 25
respectively. This will be the third year CFR 291.
AGENCY: Bureau of Indian Affairs,
that DOW will use Wildlife Summary: The collection of
Interior.
Conservation and Restoration (WCR) information will ensure that the
funds which Congress approved for a ACTION: Notice.
provisions of IGRA, the relevant
one-year period during the federal fiscal SUMMARY: In compliance with the provisions of State laws, Federal law
year beginning October 1, 2000. The Paperwork Reduction Act of 1995, the and the trust obligations of the United
public is requested to inform the Service Bureau of Indian Affairs (BIA) is States are met when Federally
of concerns regarding the ODNR, DOW submitting two information collection recognized tribes submit Class III
management systems, their requests for review and renewal by the procedures for review and approval by
administration of the comprehensive Office of Information and Regulatory the Secretary of the Interior. Sections
management system grants in Ohio and Affairs, OMB. The two collections are: 291.4, 291.10, 291.12 and 291.15 of 25
the cumulative effects of activities Class III Gaming Procedures, 1076– CFR part 291 Class III Gaming
funded under these federal grants. 0149, and Tribal Revenue Allocation Procedures, specifies the information
Plans, 1076–0152. collection requirement. An Indian tribe
The ODNR, DOW has administered its must ask the Secretary to issue Class III
DATES: Submit your comments and
SFR and WR grant programs using the gaming procedures. The information to
suggestions on or before May 14, 2003
CMP option for the past 11 years. be collected includes: name of Tribe and
to be assured of consideration.
ODNR, DOW began administering the State; tribal documents, State
ADDRESSES: Written comments should
WCR grant program using the CMP documents, regulatory schemes, the
be sent directly to the Office of
option July 1, 2001. During the past 11 proposed procedures and other
Management and Budget, Office of
years, the ODNR, DOW conducted documents deemed necessary.
Information and Regulatory Affairs,
numerous public information and input Attention: Desk Officer for the Collection of this information is
processes, as well as Service review Department of the Interior, 725 17th currently authorized under an approval
regarding its programs, including: The Street NW, Washington, DC 20503. Send by OMB (OMB Control Number 1076–
development and periodic revision of a a copy of your comments to: George 0149). All information is collected when
Strategic Plan; development of tactical Skibine, Bureau of Indian Affairs, Office the tribe makes a request for Class III
plans for fish, wildlife and habitat for of Indian Gaming Management, Mail gaming procedures. Annual reporting
Ohio; use of biennial work planning Stop 4543–MIB, 1849 C Street, NW, and record keeping burden for this
processes; program and management Washington, DC 20240. collection of information is estimated to
reviews; financial audits and periodic FOR FURTHER INFORMATION CONTACT:
occur one time on an annual basis. The
field reviews conducted jointly by Interested persons may obtain copies of estimated number of annual requests is
ODNR, DOW and Service staff regarding the information collection requests 12 tribes seeking Class III gaming
implementation of the CMP. without charge by contacting George procedures. The estimated time to
Skibine at 202–219–4066 or facsimile review instructions and complete each
Some projects that will be subject to application is 320 hours. Thus, the total
NEPA review as part of the annual grant number 202–273–3153.
annual reporting and record keeping
process will be conducted on lands that SUPPLEMENTARY INFORMATION: The
burden for this collection is estimated to
may be eligible for listing on the Paperwork Reduction Act of 1995 be 3,840 hours.
National Register of Historic Places. The provides an opportunity for interested Frequency of Collection: Annually.
National Historic Preservation Act and parties to comment on proposed Description of Respondents: Federally
other laws require these properties and information collection requests. We did recognized tribes.
resources be identified and considered not receive any comments during the Total Respondents: 12.
in project planning. The public is request for comments period published Response Hours per Application: 320.
requested to inform the FWS of December 13, 2002 (67 FR 76753). The Total Annual Burden Hours: 3,840.
Bureau of Indian Affairs, Office of
concerns about archeological sites, Tribal Revenue Allocation Plans
Indian Gaming Management is
buildings and structures, historic
proceeding with requesting an Type of review: Extension of a
events, sacred and traditional areas, and information collection clearance from currently approved collection.
other historic preservation concerns. OMB. Each request contains (1) type of Title: Tribal Revenue Allocation Plans
Authority: 42 U.S.C. 4321–4347. review, (2) title, (3) summary of the 25 CFR 290.
collection, (4) respondents, (5) Summary: In order for Indian tribes to
TJ Miller, distribute net gaming revenues in the
frequency of collection, (6) reporting
Acting Assistant Regional Director, Ecological and record keeping requirements. OMB form of per capita payments,
Services, Region 3, Fort Snelling, MN. has 60 days to act on this information information is needed by the BIA to
[FR Doc. 03–8994 Filed 4–11–03; 8:45 am] request, but may act after 30 days of ensure that Tribal Revenue Allocation
BILLING CODE 4310–55–P review; therefore, your comments will Plans include assurances that certain
receive the greatest consideration the statutory requirements are met, a
closer they are to the 30 day minimum breakdown of the specific uses to which
review period. net gaming revenues will be allocated,
Please note that we will not sponsor eligibility requirements for
nor conduct, and you need not respond participation, tax liability notification
to, a request for information unless we and the assurance of the protection and

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17963

preservation of the per capita share of DEPARTMENT OF THE INTERIOR INTERNATIONAL TRADE
minors and legal incompetents. Sections COMMISSION
290.12, 290.17, 290.24 and 290.26 of 25 Bureau of Land Management
[Investigation No. 731–TA–989 (Final)]
CFR part 290, Tribal Revenue Allocation
Plans, specifies the information [UT–912–03–1120–PG–24–1A] Ball Bearings From China
collection requirement. An Indian tribe
must ask the Secretary to approve a Notice of Resource Advisory Council Determination
Tribal Revenue Allocation Plan. The Meeting and Field Tour On the basis of the record 1 developed
information to be collected includes: in the subject investigation, the United
name of Tribe, tribal documents, the AGENCY: Bureau of Land Management, States International Trade Commission
allocation plan and other documents Department of the Interior. (Commission) determines, pursuant to
deemed necessary. Collection of this section 735(b) of the Tariff Act of 1930
ACTION: Notice of Utah Resource
information is currently authorized (19 U.S.C. 1673d(b)) (the Act), that an
under an approval by OMB (OMB Advisory Council (RAC) meeting.
industry in the United States is not
Control Number 1076–0152). All materially injured or threatened with
information is collected when the tribe SUMMARY: The purpose of this notice is material injury, and the establishment of
submits a Tribal Revenue Allocation to announce a Resource Advisory an industry in the United States is not
Plan. Annual reporting and record Council Meeting and field tour materially retarded, by reason of
keeping burden for this collection of scheduled for May 1–2, 2003, Price, imports from China of certain ball
information is estimated to average Utah. bearings and parts thereof, provided for
between 75–100 hours for The Bureau of Land Management’s in subheadings 3926.90.45, 4016.93.00,
approximately 20 respondents, (BLM) Utah Statewide Resource 4016.93.10, 4016.93.50, 6909.19.50,
including the time for reviewing Advisory Council (RAC) will be meeting 8431.20.00, 8431.39.00, 8482.10.10,
instructions, researching existing data at the Holiday Inn (located at 838 8482.10.50, 8482.80.00, 8482.91.00,
sources, gathering and maintaining the Westwood Blvd) on May 1, 2003, 9:30 8482.99.05, 8482.99.25, 8482.99.35,
data needed, and completing and 8482.99.65, 8483.20.40, 8483.20.80,
a.m., for a field tour of the northern
reviewing the collection of information. 8483.30.40, 8483.30.80, 8483.50.90,
portion of the San Rafael Swell. Issues
Thus, the total annual reporting and 8483.90.20, 8483.90.30, 8483.90.70,
record keeping burden for this to be discussed will be Easter weekend 8708.50.50, 8708.60.50, 8708.60.80,
collection is estimated to be 1,500— status (camping, law enforcement, etc); 8708.70.60, 8708.93.30, 8708.93.60,
2,000 hours. We are using the higher tour of the Buckhorn Wash (partnership 8708.93.75, 8708.99.06, 8708.99.31,
estimate for purposes of estimating the with Emery County, OHV route 8708.99.40, 8708.99.49, 8708.99.58,
public burden. designation plan, and WSAs); and a tour 8708.99.80, 8803.10.00, 8803.20.00,
of the Wedge Overlook (wildlife and T/ 8803.30.00, 8803.90.30, and 8803.90.90
Frequency of Collection: Annually.
E species). of the Harmonized Tariff Schedule of
Description of Respondents: Federally the United States, that have been found
recognized tribes. On May 2, from 8 a.m. until 2:30 p.m.,
the Council will meet in the conference by the Department of Commerce
Total Respondents: 20. room at the Holiday Inn in Price. There (Commerce) to be sold in the United
Total Annual Responses: 100. will be reports from the RAC subgroups, States at less than fair value (LTFV).
Total Annual Burden Hours: 2,000 a discussion on wild and scenic rivers, Background
hours. and an overview of the grazing The Commission instituted this
Request for Comments regulations and policy changes. investigation effective February 13,
A public comment period is 2002, following receipt of a petition
The Bureau of Indian Affairs solicits scheduled from 2 p.m.–2:30 p.m. where filed with the Commission and
comments in order to: members of the public may address the Commerce by the American Bearing
(1) Evaluate whether the proposed Council. Written comments may be Manufacturers Association, Washington,
collection of information is necessary mailed to the Bureau of Land DC. The final phase of the investigation
for the proper performance of the Management at the address listed below. was scheduled by the Commission
functions of the bureau, including following notification of a preliminary
All meetings are open to the public;
whether the information will have determination by Commerce that
however, transportation, lodging, and imports of ball bearings from China
practical utility;
meals are the responsibility of the were being sold at LTFV within the
(2) Evaluate the bureau’s estimate of participating public.
the burden of the proposed collection of meaning of section 733(b) of the Act (19
information, including the validity of FOR FURTHER INFORMATION CONTACT: U.S.C. 1673b(b)). Notice of the
the methodology and assumptions used; Sherry Foot, Special Programs scheduling of the final phase of the
Coordinator, Utah State Office, Bureau Commission’s investigation and of a
(3) Enhance the quality, utility and public hearing to be held in connection
clarity of the information to be of Land Management, 324 South State
Street, Salt Lake City, Utah, 84111; therewith was given by posting copies
collected; and of the notice in the Office of the
phone (801) 539–4195.
(4) Minimize the burden of the Secretary, U.S. International Trade
collection of the information on those Dated: April 4, 2003. Commission, Washington, DC, and by
who are to respond. Linda Colville, publishing the notice in the Federal
Dated: April 4, 2003. Acting State Director. Register of October 23, 2002 (67 FR
Aurene M. Martin, [FR Doc. 03–9062 Filed 4–11–03; 8:45 am] 65142), as amended on December 2,
Assistant Secretary—Indian Affairs. BILLING CODE 4310–$$–P
1 The record is defined in sec. 207.2(f) of the
[FR Doc. 03–9068 Filed 4–11–03; 8:45 am] Commission’s rules of practice and procedure (19
BILLING CODE 4310–4N–P CFR 207.2(f)).

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17964 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

2002 (67 FR 71588). The hearing was to 5:15 p.m.) in the Office of the Media Reality Technologies, Inc., 767
held in Washington, DC, on March 6, Secretary, U.S. International Trade North Mary Avenue, Sunnyvale,
2003, and all persons who requested the Commission, 500 E Street, SW., Room California 94086.
opportunity were permitted to appear in 112, Washington, DC 20436, telephone Trumpion Microelectronics, Inc., 11F,
person or by counsel. 202–205–2000. Hearing impaired No. 17 Cheng-Teh Rd. Sec.1, Taipei
The Commission transmitted its individuals are advised that information City, Taiwan.
determination in this investigation to on this matter can be obtained by (c) Anne Goalwin, Esq., Office of
the Secretary of Commerce on April 21, contacting the Commission’s TDD Unfair Import Investigations, U.S.
2003. The views of the Commission are terminal on 202–205–1810. Persons International Trade Commission, 500 E
contained in USITC Publication 3593 with mobility impairments who will Street, SW., Suite 401, Washington, DC
(April 2003), entitled Ball Bearings from need special assistance in gaining access 20436, who shall be the Commission
China: Investigation No. 731–TA–989 to the Commission should contact the investigative attorney, party to this
(Final). Office of the Secretary at 202–205–2000. investigation; and
By order of the Commission. General information concerning the (3) For the investigation so instituted,
Issued: April 7, 2003. Commission may also be obtained by the Honorable Delbert R. Terrill, Jr. is
Marilyn R. Abbott,
accessing its Internet server at http:// designated as the presiding
www.usitc.gov. The public record for administrative law judge.
Secretary to the Commission.
this investigation may be viewed on the Responses to the complaint and the
[FR Doc. 03–8967 Filed 4–11–03; 8:45 am] Commission’s electronic docket (EDIS) notice of investigation must be
BILLING CODE 7020–02–P at http://edis.usitc.gov. submitted by the named respondents in
FOR FURTHER INFORMATION CONTACT: accordance with § 210.13 of the
INTERNATIONAL TRADE Anne Goalwin, Esq., Office of Unfair Commission’s Rules of Practice and
COMMISSION Import Investigations, U.S. International Procedure, 19 CFR 210.13. Pursuant to
Trade Commission, telephone 202–205– 19 CFR 201.16(d) and 210.13(a), such
[Inv. No. 337–TA–491] 2574. responses will be considered by the
Authority: The authority for institution of Commission if received no later than 20
In the Matter of: Certain Display days after the date of service by the
this investigation is contained in section 337
Controllers and Products Containing of the Tariff Act of 1930, as amended, and Commission of the complaint and the
Same; Notice of Investigation in section 210.10 of the Commission’s Rules notice of investigation. Extensions of
AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10 time for submitting responses to the
(2002). complaint will not be granted unless
Commission.
ACTION: Institution of investigation Scope of Investigation: Having good cause therefor is shown.
pursuant to 19 U.S.C. 1337. considered the complaint, the U.S. Failure of a respondent to file a timely
International Trade Commission, on response to each allegation in the
SUMMARY: Notice is hereby given that a April 7, 2003, ordered that— complaint and in this notice may be
complaint was filed with the U.S. (1) Pursuant to subsection (b) of deemed to constitute a waiver of the
International Trade Commission on section 337 of the Tariff Act of 1930, as right to appear and contest the
March 10, 2003, under section 337 of amended, an investigation be instituted allegations of the complaint and to
the Tariff Act of 1930, as amended, 19 to determine whether there is a authorize the administrative law judge
U.S.C. 1337, on behalf of Genesis violation of subsection (a)(1)(B) of and the Commission, without further
Microchip (Delaware) Inc. of Alviso, section 337 in the importation into the notice to that respondent, to find the
California. A letter supplementing the United States, the sale for importation, facts to be as alleged in the complaint
complaint was filed on March 28, 2003. or the sale within the United States after and this notice and to enter both an
The complaint, as supplemented, importation of certain display initial determination and a final
alleges violations of section 337 in the controllers or products containing same determination containing such findings,
importation into the United States, the by reason of infringement of claims 13 and may result in the issuance of a
sale for importation, and the sale within or 15 of U.S. Patent No. 6,078,361, limited exclusion order or a cease and
the United States after importation of claims 19, 20, 21, or 22 of U.S. Patent desist order or both directed against that
certain display controllers and products No. 5,953,074, or claims 1 or 9 of U.S. respondent.
containing same by reason of Patent No. 6,177,922, and whether an By order of the Commission.
infringement of claims 13 and 15 of U.S. industry in the United States exists as Issued: April 8, 2003.
Patent No. 6,078,361, claims 19–22 of required by subsection (a)(2) of section
Marilyn R. Abbott,
U.S. Patent No. 5,953,074, and claims 1 337.
and 9 of U.S. Patent No. 6,177,922. The (2) For the purpose of the Secretary to the Commission.
complaint further alleges that an investigation so instituted, the following [FR Doc. 03–8970 Filed 4–11–03; 8:45 am]
industry in the United States exists as are hereby named as parties upon which BILLING CODE 7020–02–P
required by subsection (a)(2) of section this notice of investigation shall be
337. served:
The complainant requests that the (a) The complainant is—Genesis INTERNATIONAL TRADE
Commission institute an investigation Microchip (Delaware) Inc., 2150 Gold COMMISSION
and, at the conclusion of the Street, Alviso, California 94002.
investigation, issue a permanent (b) The respondents are the following [Investigations Nos. 731–TA–1014 and 1017
exclusion order and a permanent cease companies alleged to be in violation of (Final)]
and desist order. section 337, and are the parties upon
which the complaint is to be served: Polyvinyl Alcohol From China and
ADDRESSES: The complaint, except for
Korea
any confidential information contained Media Reality Technologies, Inc., 107
therein, is available for inspection Min Chuan East Road, Section 2, AGENCY: International Trade
during official business hours (8:45 a.m. Taipei, Taiwan. Commission.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17965

ACTION: Scheduling of the final phase of investigations, hearing procedures, and and BPI service list.—Pursuant to
antidumping investigations. rules of general application, consult the section 207.7(a) of the Commission’s
Commission’s rules of practice and rules, the Secretary will make BPI
SUMMARY: The Commission hereby gives procedure, part 201, subparts A through gathered in the final phase of these
notice of the scheduling of the final E (19 CFR part 201), and part 207, investigations available to authorized
phase of antidumping investigations subparts A and C (19 CFR part 207). applicants under the APO issued in the
Nos. 731-TA–1014 and 1017 (Final) investigations, provided that the
EFFECTIVE DATE: March 20, 2003.
under section 735(b) of the Tariff Act of application is made no later than 21
FOR FURTHER INFORMATION CONTACT:
1930 (19 U.S.C. 1673d(b)) (the Act) to days prior to the hearing date specified
determine whether an industry in the Debra Baker (202–205–3180), Office of
Investigations, U.S. International Trade in this notice. Authorized applicants
United States is materially injured or must represent interested parties, as
threatened with material injury, or the Commission, 500 E Street, SW.,
Washington, DC 20436. Hearing- defined by 19 U.S.C. 1677(9), who are
establishment of an industry in the parties to the investigations. A party
United States is materially retarded, by impaired persons can obtain
information on this matter by contacting granted access to BPI in the preliminary
reason of less-than-fair-value imports phase of the investigations need not
from China and Korea of polyvinyl the Commission’s TDD terminal on 202–
205–1810. Persons with mobility reapply for such access. A separate
alcohol, provided for in subheading service list will be maintained by the
3905.30.00 of the Harmonized Tariff impairments who will need special
assistance in gaining access to the Secretary for those parties authorized to
Schedule of the United States.1 receive BPI under the APO.
For further information concerning Commission should contact the Office
of the Secretary at 202–205–2000. Staff report.—The prehearing staff
the conduct of this phase of these report in the final phase of these
General information concerning the
1 For purposes of these investigations, the Commission may also be obtained by investigations will be placed in the
Department of Commerce has defined the subject accessing its internet server (http:// nonpublic record on April 24, 2003, and
merchandise as all polyvinyl alcohol (‘‘PVA’’) www.usitc.gov). The public record for a public version will be issued
hydrolyzed in excess of 80 percent, whether or not
these investigations may be viewed on thereafter, pursuant to section 207.22 of
mixed or diluted with commercial levels of the Commission’s rules.
defoamer or boric acid, except as noted below. the Commission’s electronic docket
Hearing.—The Commission will hold
The following products are specifically excluded (EDIS–ON–LINE) at http://
from the scope of these investigations: a hearing in connection with the final
edis.usitc.gov.
(1) PVA in fiber form. phase of these investigations beginning
(2) PVA with hydrolysis less than 83 mole SUPPLEMENTARY INFORMATION: at 9:30 a.m. on May 8, 2003, at the U.S.
percent and certified not for use in the production Background.—The final phase of International Trade Commission
of textiles. these investigations is being scheduled
(3) PVA with hydrolysis greater than 85 percent
Building. Requests to appear at the
and viscosity greater than or equal to 90 cps.
as a result of affirmative preliminary hearing should be filed in writing with
(4) PVA with a hydrolysis greater than 85 percent, determinations by the Department of the Secretary to the Commission on or
viscosity greater than or equal to 80 cps but less Commerce that imports of polyvinyl before May 1, 2003. A nonparty who has
than 90 cps, certified for use in an ink jet alcohol from China and Korea are being testimony that may aid the
application.
sold in the United States at less than fair Commission’s deliberations may request
(5) PVA for use in the manufacture of an
excipient or as an excipient in the manufacture of value within the meaning of section 733 permission to present a short statement
film coating systems which are components of a of the Act (19 U.S.C. 1673b). The at the hearing. All parties and
drug or dietary supplement, and accompanied by an investigations were requested in a nonparties desiring to appear at the
end-use certification.
petition filed on September 5, 2002, by hearing and make oral presentations
(6) PVA covalently bonded with cationic
monomer uniformly present on all polymer chains Celanese Chemicals, Ltd. of Dallas, TX should attend a prehearing conference
in a concentration equal to or greater than one mole and E.I. du Pont de Nemours & Co. of to be held at 9:30 a.m. on May 5, 2003,
percent. Wilmington, DE. at the U.S. International Trade
(7) PVA covalently bonded with carboxylic acid Participation in the investigations and Commission Building. Oral testimony
uniformly present on all polymer chains in a
concentration equal to or greater than two mole
public service list.—Persons, including and written materials to be submitted at
percent, certified for use in a paper application. industrial users of the subject the public hearing are governed by
(8) PVA covalently bonded with thiol uniformly merchandise and, if the merchandise is sections 201.6(b)(2), 201.13(f), and
present on all polymer chains, certified for use in sold at the retail level, representative 207.24 of the Commission’s rules.
emulsion polymerization of non-vinyl acetic
material.
consumer organizations, wishing to Parties must submit any request to
(9) PVA covalently bonded with paraffin participate in the final phase of these present a portion of their hearing
uniformly present on all polymer chains in a investigations as parties must file an testimony in camera no later than 7
concentration equal to or greater than one mole entry of appearance with the Secretary days prior to the date of the hearing.
percent.
to the Commission, as provided in Written submissions.—Each party
(10) PVA covalently bonded with silan uniformly
present on all polymer chains certified for use in section 201.11 of the Commission’s who is an interested party shall submit
paper coating applications. rules, no later than 21 days prior to the a prehearing brief to the Commission.
(11) PVA covalently bonded with sulfonic acid hearing date specified in this notice. A Prehearing briefs must conform with the
uniformly present on all polymer chains in a party that filed a notice of appearance provisions of section 207.23 of the
concentration level equal to or greater than one
mole percent. during the preliminary phase of the Commission’s rules; the deadline for
(12) PVA covalently bonded with acetoacetylate investigations need not file an filing is May 1, 2003. Parties may also
uniformly present on all polymer chains in a additional notice of appearance during file written testimony in connection
concentration level equal to or greater than one this final phase. The Secretary will with their presentation at the hearing, as
mole percent.
(13) PVA covalently bonded with polyethylene
maintain a public service list containing provided in section 207.24 of the
oxide uniformly present on all polymer chains in the names and addresses of all persons, Commission’s rules, and posthearing
a concentration level equal to or greater than one or their representatives, who are parties briefs, which must conform with the
mole percent. to the investigations. provisions of section 207.25 of the
(14) PVA covalently bonded with quaternary Limited disclosure of business Commission’s rules. The deadline for
amine uniformly present on all polymer chains in
a concentration level equal to or greater than one proprietary information (BPI) under an filing posthearing briefs is May 15,
mole percent. administrative protective order (APO) 2003; witness testimony must be filed

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17966 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

no later than three days before the SUMMARY: The purpose of this notice is NATIONAL AERONAUTICS AND
hearing. In addition, any person who to announce the meeting of the Criminal SPACE ADMINISTRATION
has not entered an appearance as a party Justice Information Services (CJIS)
[Notice (03–041)]
to the investigations may submit a Advisory Policy Board (APB). The CJIS
written statement of information APB is responsible for reviewing policy NASA Advisory Council, Biological
pertinent to the subject of the issues, uniform crime reports, and and Physical Research Advisory
investigations on or before May 15, appropriate technical and operational Committee, Commercial Advisory
2003. On May 30, 2003, the Commission issues related to the programs Subcommittee; Meeting
will make available to parties all administered by the FBI’s CJIS Division,
information on which they have not had AGENCY: National Aeronautics and
and thereafter, make appropriate
an opportunity to comment. Parties may Space Administration.
recommendations to the FBI Director.
submit final comments on this The programs administered by the FBI ACTION: Notice of meeting.
information on or before June 3, but
CJIS Division are: the Integrated SUMMARY: In accordance with the
such final comments must not contain
Automated Fingerprint Identification Federal Advisory Committee Act, Public
new factual information and must
otherwise comply with section 207.30 of System, the Interstate Identification Law 92–463, as amended, the National
the Commission’s rules. In addition, Index, Law Enforcement Online, Aeronautics and Space Administration
parties may submit comments National Crime Information Center, the announces a meeting of the NASA
concerning the Department of National Instant Criminal Background Advisory Council, Biological and
Commerce’s final determinations on Check System, the National Incident- Physical Research Advisory Committee,
China and Korea only, on or before Based Reporting System, and Uniform Commercial Advisory Subcommittee
August 19, 2003. All written Crime Reporting. (CAS).
submissions must conform with the The meeting will be open to the DATES: Monday, April 28, 2003, 9 a.m.
provisions of section 201.8 of the public on a first-come, first-seated basis. to 5 p.m.
Commission’s rules; any submissions Any member of the public wishing to ADDRESSES: NASA Ames Research
that contain BPI must also conform with file a written statement concerning the Center, Moffet Field, California, the CEE
the requirements of sections 201.6, FBI’s CJIS Division programs or wishing Conference Room 261, Building 213, in
207.3, and 207.7 of the Commission’s to address this session should notify the the Systems Engineering Division.
rules. The Commission’s rules do not Designated Federal Employee, Mr. Roy FOR FURTHER INFORMATION CONTACT: Ms.
authorize filing of submissions with the G. Weise at (304) 625–2730, at least 24
Secretary by facsimile or electronic Candace Livingston, Code US, National
hours prior to the start of the session. Aeronautics and Space Administration,
means, except to the extent permitted by
section 201.8 of the Commission’s rules, The notification should contain the Washington, DC 20546, (202) 358–0697.
as amended, 67 FR 68036 (November 8, requester’s name, corporate designation, SUPPLEMENTARY INFORMATION: The
2002). and consumer affiliation or government meeting will be open to the public up
In accordance with sections 201.16(c) designation along with a short statement to the seating capacity of the room.
and 207.3 of the Commission’s rules, describing the topic to be addressed and Advance notice of attendance to the
each document filed by a party to the the time needed for the presentation. A Executive Secretary is requested. The
investigations must be served on all requestor will ordinarily be allowed no agenda for the meeting will include the
other parties to the investigations (as more than 15 minutes to present a topic. following topics:
identified by either the public or BPI —Introduction/Remarks
service list), and a certificate of service DATES: The APB will meet in open
—Report from the Space Station
must be timely filed. The Secretary will session from 9 a.m. until 5 p.m., on June Utilization Advisory Subcommittee
not accept a document for filing without 4–5, 2003. —Knowledge Mapping Activities
a certificate of service. ADDRESSES: The meeting will take place —Decision Rules
Authority: These investigations are being at the Renaissance Cleveland Hotel, 24 —Status of International Space Station
conducted under authority of title VII of the Public Square, Cleveland, Ohio, Research Institute
Tariff Act of 1930; this notice is published telephone (216) 696–5600. —Legislative Issues/Research Re-
pursuant to section 207.21 of the planning Activities
Commission’s rules. FOR FURTHER INFORMATION CONTACT: —Commercial Participating in OBPR
By order of the Commission. Inquiries may be addressed to Mrs. Strategic Road Mapping
Issued: April 7, 2003. Margery E. Broadwater, Management —Committee Discussion
Marilyn R. Abbott, Analyst, Advisory Groups Management —Wrap-Up/Recommendations
Secretary to the Commission. Unit, Programs Development Section, Attendees will be requested to sign a
[FR Doc. 03–8968 Filed 4–11–03; 8:45 am] FBI CJIS Division, Module C3, 1000 register and to comply with NASA
BILLING CODE 7020–02–P
Custer Hollow Road, Clarksburg, West security requirements, including the
Virginia 26306–0149, telephone (304) presentation of a valid picture ID, before
625–2446, facsimile (304) 625–5090. receiving an access badge. Foreign
DEPARTMENT OF JUSTICE Dated: April 2, 2003. nationals attending this meeting will be
required to provide the following
Roy G. Weise,
Federal Bureau of Investigation information: Full name; gender; date/
Designated Federal Employee, Criminal place of birth; citizenship; visa/
Meeting of the CJIS Advisory Policy Justice Information Services Division, Federal greencard information (number, type,
Board Bureau of Investigation.
expiration date); passport information
[FR Doc. 03–9045 Filed 4–11–03; 8:45 am] (number, country, expiration date);
AGENCY: Federal Bureau of Investigation
(FBI), Justice.
BILLING CODE 4410–02–M employer/affiliation information (name
of institution, address, country, phone);
ACTION: Meeting notice.
title/position of attendee. To expedite

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17967

admittance, attendees can provide notice, write to the Life Cycle total number of schedule items, and the
identifying information in advance by Management Division (NWML), number of temporary items (the records
contacting Ms. Shirley Berthold via e- National Archives and Records proposed for destruction). It also
mail at sberthold@mail.arc.nasa.gov or Administration (NARA), 8601 Adelphi includes a brief description of the
by telephone at (650) 604–1654. Road, College Park, MD 20740–6001. temporary records. The records
Attendees will be escorted at all times. Requests also may be transmitted by schedule itself contains a full
It is imperative that the meeting be FAX to 301–837–3698 or by e-mail to description of the records at the file unit
held on these dates to accommodate the records.mgt@nara.gov. Requesters must level as well as their disposition. If
scheduling priorities of the key cite the control number, which appears NARA staff has prepared an appraisal
participants. in parentheses after the name of the memorandum for the schedule, it too
agency which submitted the schedule, includes information about the records.
June W. Edwards,
and must provide a mailing address. Further information about the
Advisory Committee Management Officer, Those who desire appraisal reports disposition process is available on
National Aeronautics and Space
should so indicate in their request. request.
Administration.
FOR FURTHER INFORMATION CONTACT: Paul Schedules Pending
[FR Doc. 03–8991 Filed 4–11–03; 8:45 am]
M. Wester, Jr., Director, Life Cycle
BILLING CODE 7510–01–P
Management Division (NWML), 1. Department of Agriculture, Animal
National Archives and Records and Plant Health Inspection Service
Administration, 8601 Adelphi Road, (N1–463–03–1, 4 items, 4 temporary
NATIONAL ARCHIVES AND RECORDS College Park, MD 20740–6001. items). User fee records, including forms
ADMINISTRATION Telephone: 301–837–3120. E-mail: and background documents. Also
records.mgt@nara.gov. included are electronic copies of records
Records Schedules; Availability and created using electronic mail and word
Request for Comments SUPPLEMENTARY INFORMATION: Each year processing that are associated with all
Federal agencies create billions of record series in the Fiscal Affairs
AGENCY: National Archives and Records records on paper, film, magnetic tape,
Administration (NARA). category of the agency’s records
and other media. To control this disposition schedule.
ACTION: Notice of availability of accumulation, agency records managers 2. Department of the Air Force,
proposed records schedules; request for prepare schedules proposing retention Agency-wide (N1–AFU–03–4, 2 items, 2
comments. periods for records and submit these temporary items). Duplicate copies of
schedules for NARA’s approval, using time and attendance sheets pertaining to
SUMMARY: The National Archives and
the Standard Form (SF) 115, Request for Air Reserve Technicians. Also included
Records Administration (NARA)
Records Disposition Authority. These are electronic copies of records created
publishes notice at least once monthly
schedules provide for the timely transfer using electronic mail and word
of certain Federal agency requests for
into the National Archives of processing.
records disposition authority (records
historically valuable records and 3. Department of the Air Force,
schedules). Once approved by NARA,
authorize the disposal of all other Agency-wide (N1–AFU–03–5, 2 items, 2
records schedules provide mandatory
records after the agency no longer needs temporary items). Biographical records
instructions on what happens to records on personnel used in public affairs
them to conduct its business. Some
when no longer needed for current programs. Records include information
schedules are comprehensive and cover
Government business. They authorize concerning individual service members
all the records of an agency or one of its
the preservation of records of such as name, current rank, marital
major subdivisions. Most schedules,
continuing value in the National status, and local address. Also included
however, cover records of only one
Archives of the United States and the are electronic copies of records created
office or program or a few series of
destruction, after a specified period, of using electronic mail and word
records. Many of these update
records lacking administrative, legal, processing.
previously approved schedules, and
research, or other value. Notice is 4. Department of Defense, Defense
some include records proposed as
published for records schedules in Finance and Accounting Service (N1–
permanent.
which agencies propose to destroy No Federal records are authorized for 507–02–1, 93 items, 93 temporary
records not previously authorized for destruction without the approval of the items). Records relating to payroll and
disposal or reduce the retention period Archivist of the United States. This other financial transactions, safety and
of records already authorized for approval is granted only after a hazardous materials, security,
disposal. NARA invites public thorough consideration of their personnel, property, planning,
comments on such records schedules, as administrative use by the agency of publications and forms, Congressional
required by 44 U.S.C. 3303a(a). origin, the rights of the Government and inquiries, audiovisual activities, and
DATES: Requests for copies must be of private persons directly affected by various administrative matters. Included
received in writing on or before May 29, the Government’s activities, and are such records as employee pay
2003. Once the appraisal of the records whether or not they have historical or records, central procurement accounting
is completed, NARA will send a copy of other value. system records, government purchase
the schedule. NARA staff usually Besides identifying the Federal card records, safety program planning
prepare appraisal memorandums that agencies and any subdivisions records, accident reports, records of fire
contain additional information requesting disposition authority, this prevention inspections, hazardous
concerning the records covered by a public notice lists the organizational material management and training
proposed schedule. These, too, may be unit(s) accumulating the records or records, industrial hygiene and
requested and will be provided once the indicates agency-wide applicability in occupational health surveys, pollution
appraisal is completed. Requesters will the case of schedules that cover records prevention plans and data, reports on
be given 30 days to submit comments. that may be accumulated throughout an security investigations of personnel,
ADDRESSES: To request a copy of any agency. This notice provides the control audiovisual productions not relating to
records schedule identified in this number assigned to each schedule, the the agency’s mission, and case files

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17968 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

pertaining to coordination of copies of records created using using word processing and electronic
Department of Defense issuances. Also electronic mail and word processing. mail. Recordkeeping copies of research
included are electronic copies of 9. Department of Homeland Security, reports from institutions receiving
documents created using electronic mail Directorate of Border and grants, committee records, and
and word processing. Transportation Security (N1–563–03–1, publications are proposed for
5. Department of Defense, National 5 items, 2 temporary items). Inputs and permanent retention.
Imagery and Mapping Agency (N1–537– outputs of an electronic system relating 14. Small Business Administration,
03–9, 16 items, 16 temporary items). to immigration enforcement activities.
Office of Business Development (N1–
Records relating to the production of The complete master file and a public
309–03–04, 12 items, 10 temporary
nautical charts and publications. use version are proposed for permanent
items). Inputs, outputs, and back up
Records pertain to such matters as the retention along with the related system
files of an electronic records system
measurement and description of the documentation.
10. Department of Justice, Justice used for monitoring the status of small
physical features and attributes of
Management Division (N1–60–03–2, 5 businesses owned by economically and
bodies of water and their adjoining
items, 4 temporary items). Input reports socially disadvantaged individuals. Also
coastal areas and the preparation and
submitted by agency components and included are electronic copies of
evaluation of maritime safety
other supporting documentation created documents created using electronic mail
information. Also included are
electronic copies of records created in connection with producing the and word processing. Master files and
using electronic mail and word agency’s annual Performance and system documentation are proposed as
processing. This schedule authorizes the Accountability Report, which includes permanent.
agency to apply the proposed such materials as consolidated financial Dated: April 7, 2003.
disposition instructions to any statements and the annual performance Michael J. Kurtz,
recordkeeping medium. report required by the Government Assistant Archivist for Record Services—
6. Department of Defense, National Performance and Results Act. Also Washington, DC.
Imagery and Mapping Agency (N1–537– included are electronic copies of [FR Doc. 03–8974 Filed 4–11–03; 8:45 am]
03–13, 11 items, 9 temporary items). documents created using electronic mail
BILLING CODE 7515–01–P
Records relating to the general and word processing. Recordkeeping
management and evolution of geospatial copies of the report are proposed for
policy and arrangements, including permanent retention.
such matters as classification decisions 11. Department of Justice, Drug
and security policy regarding the Enforcement Administration (N1–170– NATIONAL SCIENCE FOUNDATION
disclosure and release of geospatial data 03–4, 3 items, 3 temporary items.
Advisory Committee for Geosciences;
and products. Also included are Records relating to the content and
Notice of Meeting
electronic copies of records created management of the agency’s Web site,
using electronic mail and word including electronic copies of records In accordance with the Federal
processing. Records proposed for created using electronic mail and word
Advisory Committee Act (Pub. L. 92–
permanent retention include processing.
463, as amended), the National Science
recordkeeping copies of files pertaining 12. Department of Labor, Officer of
the Solicitor (N1–174–02–02, 62 items, Foundation announces the following
to international and interagency meeting.
arrangements and to geospatial policy. 57 temporary items). Records relating to
This schedule authorizes the agency to litigation, advice and opinions, and Name: Advisory Committee for
apply the proposed disposition office administration. Included are such Geosciences (1755).
instructions to any recordkeeping records as legal advice and opinion files Dates: April 30–May 2, 2003.
medium. and legislative case files lacking Time: Noon–5:30 p.m. Wednesday, April
7. Department of Defense, National historical significance, copies of 30, 2003, 8:30 a.m.–5:30 p.m. Thursday, May
Imagery and Mapping Agency (N1–537– rulemaking records, recommendations 1, 2003, 8:30 a.m.–noon Friday, May 2, 3003.
03–14, 19 items, 19 temporary items). to file appeals or amicus briefs, Freedom Place: National Science Foundation, 4201
Distribution and storage files pertaining of Information Act reports, and Wilson Boulevard, Suite 375, Arlington, VA
to maps, charts, and other cartographic electronic systems used to track office 22230.
software and resource allocation for Type of Meeting: Open.
products produced by the agency.
Contact Person: Dr. Thomas Spence,
Records relate to such subjects as cases. Also included are electronic
Directorate for Geosciences, National Science
inspections of stored items, stock levels, copies of records created using
Foundation, Suite 705, 4201 Wilson
and requisitions. Also included are electronic mail and word processing.
Boulevard, Arlington, Virginia 22230, Phone
electronic copies of records created Proposed for permanent retention are 703–292–8500.
using electronic mail and word recordkeeping copies of such records as Minutes: May be obtained from the contact
processing. This schedule authorizes the significant advice and opinion files, person listed above.
agency to apply the proposed significant litigation case files, Purpose of Meeting: To provide advice,
disposition instructions to any directives, and speeches and recommendations, and oversight concerning
recordkeeping medium. congressional testimony. support for research, education, and human
8. Department of Health and Human 13. Department of Transportation, resources development in the geosciences.
Services, Food and Drug Administration Research and Special Programs Agenda:
(N1–88–03–3, 3 items, 3 temporary Administration (N1–467–01–2, 20 Day 1: Education and Diversity
items). Case files relating to seizures and items, 14 temporary items). Records of Subcommittee Meeting; Directorate
prosecutions involving agency-approved the Office of the Associate activities and plans.
products. Included are such records as Administrator for Innovation, Research Day 2: Division Subcommittee Meetings;
copies of labels, promotional materials, and Education, including such records Directorate initiatives. Cross-directorate
seizure and analytical reports, notices of as grant files, copies of publications, programs;
hearings, and additional prosecution and web site records. Also included are Day 3: Observational activities;
records. Also included are electronic electronic copies of records created Communications.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17969

Dated: April 8, 2003. OFFICE OF PERSONNEL Office of Personnel Management.


Susanne Bolton, MANAGEMENT Kay Coles James,
Committee Management Officer. Director.
Submission for OMB Review; [FR Doc. 03–9023 Filed 4–11–03; 8:45 am]
[FR Doc. 03–8990 Filed 4–11–03; 8:45 am]
Comment Request for Reclearance of BILLING CODE 6325–50–U
BILLING CODE 7555–01–M
an Information Collection: SF 2817
AGENCY: Office of Personnel
Management. RAILROAD RETIREMENT BOARD
NUCLEAR REGULATORY ACTION: Notice.
COMMISSION Proposed Data Collection Available for
SUMMARY: In accordance with the Public Comment and
Paperwork Reduction Act of 1995 (Pub. Recommendations
[Docket No. 30–35594–CivP (EA 02–072),
ASLBP No. 03–811–02–CivP] L. 104–13, May 22, 1995), this notice SUMMARY: In accordance with the
announces that the Office of Personnel requirement of section 3506(c)(2)(A) of
Advanced Medical Imaging and Management (OPM) will submit to the the Paperwork Reduction Act of 1995
Nuclear Services; Establishment of Office of Management and Budget which provides opportunity for public
Atomic Safety and Licensing Board (OMB) a request for review of an comment on new or revised data
information collection. SF 2817, Life collections, the Railroad Retirement
Pursuant to delegation by the Insurance Election, is used by Federal Board will publish periodic summaries
Commission dated December 29, 1972, employees and assignees (those who of proposed data collections.
published in the FR, 37 FR 28,710 have acquired control of an employee/ Comments are invited on: (a) Whether
(1972), and §§ 2.205, 2.700, 2.702, 2.714, annuitant’s coverage through an the proposed information collection is
2.714a, 2.717, 2.721, and 2.772(j) of the assignment or ‘‘transfer’’ of the necessary for the proper performance of
Commission’s regulations, all as ownership of the life insurance). the functions of the agency, including
amended, an Atomic Safety and Clearance of this form for use by active whether the information has practical
Licensing Board is being established to Federal employees is not required utility; (b) the accuracy of the RRB’s
preside over the following proceeding: according to the Paperwork Reduction estimate of the burden of the collection
Act (Pub. L. 98–615). The Public Burden of the information; (c) ways to enhance
Advanced Medical Imaging and Nuclear Statement meets the requirements of 5 the quality, utility, and clarity of the
Services, Easton, Pennsylvania; Order CFR 1320.8(b)(3). Therefore, only the information to be collected; and (d)
Imposing Civil Monetary Penalty. use of this form by assignees, i.e., ways to minimize the burden related to
members of the public, is subject to the the collection of information on
This Board is being established
Paperwork Reduction Act. respondents, including the use of
pursuant to the request of Advanced
Approximately 100 forms are automated collection techniques or
Medical Imaging and Nuclear
completed annually by assignees. Each other forms of information technology.
Services, for a hearing regarding an
form takes approximately 15 minutes to Title and purpose of information
order issued by the NRC staff, dated complete. The annual estimated burden collection:
February 19, 2003, entitled ‘‘Order is 25 hours. Employer’s Deemed Service Month
Imposing Civil Monetary Penalty’’ (68 For copies of this proposal, contact Questionnaire; OMB 3220–0156.
FR 10,040 (Mar. 3, 2003)). Mary Beth Smith-Toomey on (202) 606– Section 3(i) of the Railroad Retirement
The Board is comprised of the 8358, FAX (202) 418–3251 or via E-mail Act (RRA), as amended by Pub. L. 98–
following administrative judges: to mbtoomey@opm.gov. Please include a 76, provides that the Railroad
mailing address with your request. Retirement Board (RRB), under certain
Thomas S. Moore, Chairman, Atomic
DATES: Comments on this proposal circumstances, may deem additional
Safety and Licensing Board Panel,
should be received on or before May 14, months of service in cases where an
U.S. Nuclear Regulatory Commission, employee does not actually work in
Washington, DC 20555–0001. 2003.
ADDRESSES: Send or deliver comments
every month of the year, provided the
Dr. Charles N. Kelber, Atomic Safety employee satisfies certain eligibility
to—
and Licensing Board Panel, U.S. requirements, including the existence of
Nuclear Regulatory Commission, Christopher N. Meuchner, Program an employment relation between the
Washington, DC 20555–0001. Planning & Evaluation Group, Center employee and his or her employer. The
for Retirement and Insurance procedures pertaining to the deeming of
Dr. Peter S. Lam, Atomic Safety and Services, U.S. Office of Personnel
Licensing Board Panel, U.S. Nuclear additional months of service are found
Management, 1900 E Street, NW., in the RRB’s regulations at 20 CFR part
Regulatory Commission, Washington, Room 3425, Washington, DC 20415–
DC 20555–0001. 210, Creditable Railroad Service.
3660 The RRB utilizes Form GL–99,
All correspondence, documents and and Employers Deemed Service Month
other materials shall be filed with the Stuart Shapiro, OPM Desk Officer, Questionnaire, to obtain service and
Panel Judges in accordance with 10 CFR Office of Information & Regulatory compensation information from railroad
2.701. Affairs, Office of Management and employers needed to determine if an
Budget, New Executive Office employee can be credited with
Issued at Rockville, Maryland, this 8th day Building, NW., Room 10235,
of April 2003. additional deemed months of railroad
Washington, DC 20503. service. Completion is mandatory. One
G. Paul Bollwerk, III, FOR FURTHER INFORMATION CONTACT: response is required for each RRB
Chief Administrative Judge, Atomic Safety Cyrus S. Benson, Team Leader, Desktop inquiry.
and Licensing Board Panel. Publishing and Printing Team, Center The RRB proposes minor non-burden
[FR Doc. 03–9025 Filed 4–11–03; 8:45 am] for Retirement and Insurance Services, impacting changes to Form GL–99. The
BILLING CODE 7590–01–U (202) 606–0623. completion time for Form GL–99 is

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17970 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

estimated at 2 minutes per response. its present form, and added a crowd in response to a floor broker’s request
The RRB estimates that approximately clarification concerning specialist for a market; or
4,000 responses are received annually. participation in facilitation (ii) 40% of the order if the member firm
improves the market that was provided by
ADDITIONAL INFORMATION OR COMMENTS: transactions.4 The proposed rule the trading crowd in response to a floor
To request more information or to change, as amended by Amendment No. broker’s request and the order is traded at
obtain a copy of the information 4, is described in Items I and II below, that best bid or offer.
collection justification, forms, and/or which Items have been prepared by the
If, however, a public customer order
supporting material, please call the RRB Exchange. On April 1, 2003, the Amex
on the specialist’s book or represented
Clearance Officer at (312) 751–3363. filed Amendment No. 5 to the proposed
in the trading crowd has priority over
Comments regarding the information rule change, requesting that the
the facilitation order, the member firm
collection should be addressed to Commission accelerate approval of the
may participate in only those contracts
Ronald J. Hodapp, Railroad Retirement proposal.5 The Commission is
remaining after the public customer’s
Board, 844 N. Rush Street, Chicago, publishing this notice to solicit order has been filled.
Illinois 60611–2092. Written comments comments on the proposed rule change (2) No change.
should be received within 60 days of from interested persons, and is granting (3) if a facilitation transaction
this notice. accelerated approval of the proposed pursuant to this subparagraph (d) occurs
rule change. at the specialist’s bid or offer, [then] the
Chuck Mierzwa.
I. Self-Regulatory Organization’s specialist shall be allocated the greater
Clearance Officer.
Statement of the Terms of Substance of of either (i) 20% of the executed
[FR Doc. 03–8993 Filed 4–11–03; 8:45 am] contracts if the facilitating member firm,
the Proposed Rule Change
BILLING CODE 7905–01–M pursuant to subparagraph (d)(1)(i), has
The Amex proposes to permanently participated to the extent of 20% of the
approve its pilot program relating to executed contracts; or (ii) a share of the
SECURITIES AND EXCHANGE facilitation cross transactions, with an executed contracts that have been
COMMISSION added clarification concerning specialist divided equally among the specialist
participation in such transactions. The and other participants to the trade.
[Release No. 34–47643; File No. SR–Amex– text of the proposed rule change is set
2000–49] T[t]he specialist’s participation
forth below. Additions are italicized; allocation [pursuant to trading floor
Self-Regulatory Organizations; Notice deletions are in brackets. practices,] shall only apply to the
of Filing and Order Granting * * * * * number of contracts remaining after all
Accelerated Approval to Proposed public customer orders and the member
Rule 950—Rules of General
Rule Change by the American Stock firm’s facilitation order have been
Applicability
Exchange LLC to Permanently satisfied. However, the total number of
Approve Its Pilot Program Relating to (a)–(c) No change. contracts guaranteed to be allocated to
Facilitation Cross Transactions (d) The provisions of Rule 126, with the member firm and the specialist in
the exception of subparagraphs (a) and the aggregate shall not exceed 40% of
April 7, 2003 (b) thereof, shall apply to Exchange the facilitation transaction. If the
Pursuant to Section 19(b)(1) of the options transactions and the following facilitation transaction occurs at a price
Securities Exchange Act of 1934 additional commentary shall also apply. at which the specialist is not on parity,
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 the specialist is entitled to no
* * * Commentary
notice is hereby given that on August guaranteed participation allocation.
22, 2000, the American Stock Exchange .01 No change. (4) No change.
LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with .02 A member who holds both an .03–.07 No change.
the Securities and Exchange order for a public customer of a member * * * * *
Commission (‘‘Commission’’) a organization and a facilitation order
may cross such orders if: II. Self-Regulatory Organization’s
proposed rule change to revise and
(a)–(c) No change. Statement of the Purpose of, and
permanently approve its pilot program
(d)(1) notwithstanding paragraph (c) Statutory Basis for, the Proposed Rule
relating to facilitation cross transactions.
above, a member firm seeking to Change
On August 29, 2000, October 15, 2002,
and January 29, 2003, respectively, the facilitate its own public customer’s In its filing with the Commission, the
Amex filed Amendment Nos. 1, 2, and equity option order for the eligible order Amex included statements concerning
3 to the proposed rule change.3 On size will be permitted to participate in the purpose of, and basis for, the
March 18, 2003, the Amex filed the firm’s proprietary account as the proposed rule change and discussed any
Amendment No. 4 to the proposed rule contra-side of that order to the extent of comments it received on the proposed
change, in which the Exchange replaced the percentages set forth below: rule change. The text of these statements
the original proposal and previous (i) 20% of the order if the order is traded may be examined at the places specified
amendments with a proposal to at the best bid or offer given by the trading in Item III below. The Amex has
permanently adopt the pilot program in prepared summaries, set forth in
4 See letter from Claire P. McGrath, Senior Vice Sections A, B, and C below, of the most
1 15 U.S.C. 78s(b)(1). President and Deputy General Counsel, Amex, to significant aspects of such statements.
2 17 CFR 240.19b–4. Elizabeth King, Associate Director, Division,
3 See letter from Claire P. McGrath, Vice President Commission, dated March 17, 2003. The proposed A. Self-Regulatory Organization’s
and Special Counsel, Amex, to Nancy Sanow, rule change, as originally filed, and Amendment Statement of the Purpose of, and
Assistant Director, Division of Market Regulation Nos. 1, 2, and 3 contained significant proposed Statutory Basis for, the Proposed Rule
(‘‘Division’’), Commission, dated August 28, 2000, revisions to the pilot program that the Exchange in Change
and letters from Claire P. McGrath, Senior Vice Amendment No. 4 determined to delete.
President and Deputy General Counsel, Amex, to 5 See letter from Claire P. McGrath, Senior Vice
1. Purpose
Elizabeth King, Associate Director, Division, President and Deputy General Counsel, Amex, to
Commission, dated October 14, 2002, and January Elizabeth King, Associate Director, Division, The Exchange proposes to
28, 2003. Commission, dated March 31, 2003. permanently approve its pilot program

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17971

relating to facilitation cross transactions, to Amex Rule 950(d) to clarify the amendments, all written statements
with an added clarification concerning participation of the specialist in with respect to the proposed rule
specialist participation in such executed contracts allocated after all change that are filed with the
transactions. The pilot program was public customer orders and the member Commission, and all written
initially approved by the Commission firm’s facilitation order have been communications relating to the
on June 2, 2000, was most recently satisfied.8 Subparagraph (d)(3) would proposed rule change between the
extended on January 10, 2003, and is provide that the specialist shall be Commission and any person, other than
due to expire on April 7, 2003.6 allocated the greater of either: (i) 20% of those that may be withheld from the
Commentary .02(d) to Amex Rule the executed contracts if the facilitating public in accordance with the
950(d) established a pilot program to member firm, pursuant to the provisions of 5 U.S.C. 552, will be
allow facilitation cross transactions in subparagraph (d)(1)(i) of Commentary available for inspection and copying in
equity options.7 The pilot program .02, has participated to the extent of the Commission’s Public Reference
entitles a floor broker, under certain 20% of the executed contracts; or (ii) a Room. Copies of the filing will also be
conditions, to cross a specified share of the executed contracts that have available for inspection and copying at
percentage of a customer order with an been divided equally among the the principal office of the Exchange. All
order for the member firm’s proprietary specialist and other participants to the submissions should refer to File No.
account before specialists and/or trade. SR–Amex–2000–49 and should be
registered options traders in the crowd submitted by May 5, 2003.
can participate in the transaction. The 2. Statutory Basis
provision generally applies to orders of The Exchange believes that the IV. Commission Findings and Order
400 contracts or more. However, the proposed rule change is consistent with Granting Accelerated Approval of
Exchange is permitted to establish Section 6(b) of the Act 9 in general, and Proposed Rule Change
smaller eligible order sizes, on a class- furthers the objectives of Section 6(b)(5) The Commission finds that the
by-class basis, provided that the eligible of the Act 10 in particular, in that it is proposed rule change is consistent with
order size is not for fewer than 50 designed to prevent fraudulent and the requirements of the Act and the
contracts. manipulative acts and practices, to rules and regulations thereunder
The amount of the guaranteed promote just and equitable principles of applicable to a national securities
participation percentage depends upon trade, and is not designed to permit exchange.11 In its approval of the pilot
a comparison of the original market unfair discrimination between program,12 the Commission detailed its
quoted by the trading crowd in response customers, issuers, brokers or dealers. reasons for finding the program’s
to a request from the floor broker and substantive features consistent with the
the price at which the orders are traded. B. Self-Regulatory Organization’s
Act, and, in particular, the requirements
If the order is traded at the best bid or Statement on Burden on Competition
of Sections 6(b)(5) and 6(b)(8) of the
offer provided by the trading crowd in The Exchange believes that the Act.13 The Commission has previously
response to the floor broker’s initial proposed rule change will impose no approved rules on other exchanges that
request for a market, then the floor burden on competition. establish substantially similar programs
broker is entitled to cross 20% of the on a permanent basis,14 and the
order. If the order is traded at a price C. Self-Regulatory Organization’s
Statement on Comments on the establishment of the pilot as a
that improves the market provided by permanent program on the Amex raises
the trading crowd (i.e., at a price Proposed Rule Change Received From
Members, Participants, or Others no new regulatory issues for
between the best bid and offer) in consideration by the Commission.
response to the floor broker’s initial No written comments were solicited The Commission notes that, in
request for a market, then the floor or received with respect to the proposed approving member firms participation
broker is entitled to cross 40% of the rule change. rights and other guaranteed
order. In addition, the facilitating
III. Solicitation of Comments participations in the past, it has found
member firm may only participate in the
that rules entitling a market
executed contracts after public customer Interested persons are invited to participant(s) to up to 40% of an order
orders on the specialist’s book or submit written data, views, and are not inconsistent with the statutory
represented by a floor broker in the arguments concerning the foregoing, standards of competition and free and
crowd have been filled. including whether the proposed rule open markets.15 The Commission has
In addition to its proposal to adopt change is consistent with the Act.
the pilot program permanently, the raised concerns, on the other hand,
Persons making written submissions
Exchange proposes to revise about participation guarantees that
should file six copies thereof with the
subparagraph (d)(3) of Commentary .02 ‘‘lock up’’ a larger percentage of an
Secretary, Securities and Exchange
order, and thereby reduce the number of
Commission, 450 Fifth Street, NW.,
6 See Securities Exchange Act Release Nos. 42894
Washington, DC 20549–0609. Copies of 11 In approving this proposal, the Commission has
(June 2, 2000), 65 FR 36850 (June 12, 2000); 43229
(August 30, 2000), 65 FR 54572 (September 8,
the submission, all subsequent considered the proposed rule’s impact on
2000); 44019 (February 28, 2001), 66 FR 13819 efficiency, competition, and capital formation. 15
(March 7, 2001); 44538 (July 11, 2001), 66 FR 37507 8 In addition to the clarification provided by the U.S.C. 78c(f).
12 See supra, note 6.
(July 18, 2001); 44924 (October 11, 2001), 66 FR proposed rule change, subparagraph (d)(3) would
53456 (October 22, 2001); 45241 (January 7, 2002), continue to include the general statement that if the 13 15 U.S.C. 78f(b)(5) and (b)(8).

67 FR 1524 (January 11, 2002); 45703 (April 8, facilitation transaction occurred at the specialist’s 14 See, e.g., Securities Exchange Act Release Nos.

2002), 67 FR 18272 (April 15, 2002); 46176 (July 9, bid or offer, the total number of contracts 42835 (May 26, 2000), 65 FR 35683 (June 5, 2000),
2002), 67 FR 47007 (July 17, 2002); 46630 (October guaranteed to the member firm and the specialist and 42848 (May 26, 2000), 65 FR 36206 (June 7,
9, 2002), 67 FR 64425 (October 18, 2002); and 47153 in the aggregate could not exceed 40% of the 2000).
(January 10, 2003), 68 FR 2378 (January 16, 2003). facilitation transaction. If the facilitation transaction 15 See, e.g., Securities Exchange Act Release Nos.
7 Facilitation cross transactions occur when a occurred at a price at which the specialist was not 42455 (February 24, 2000), 65 FR 11388 (March 2,
floor broker representing the order of a public on parity, the specialist would be entitled to no 2000); 42894 (June 2, 2000), 65 FR 36850 (June 12,
customer of a member firm crosses that order with guaranteed participation allocation. 2000); 42835 (May 26, 2000), 65 FR 35683 (June 5,
9 15 U.S.C. 78f(b).
a contra side order from the firm’s proprietary 2000); 42848 (May 26, 2000), 65 FR 36206 (June 7,
account. 10 15 U.S.C. 78f(b)(5). 2000).

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17972 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

contracts for which the trading crowd For the Commission, by the Division of 7050. Other Services
can compete.16 The Amex facilitation Market Regulation, pursuant to delegated
authority.18 (a) No change.
program guarantees an allocation of no
Margaret H. McFarland, (b) No change.
more than 40% of an order to a member
Deputy Secretary. (c) No change.
firm seeking to facilitate an order.
Moreover, the Amex rule includes a [FR Doc. 03–8997 Filed 4–11–03; 8:45 am]
(d) Nasdaq Testing Facility [(NTF)]
provision that limits the number of (1) Subscribers that conduct tests of
BILLING CODE 8010–01–P
contracts to be allocated to the their computer-to-computer interface
facilitating firm and the specialist in the (CTCI), NWII application programming
aggregate to no more than 40% of the SECURITIES AND EXCHANGE interface (API), or market data vendor
order. The rule for which the Amex COMMISSION feeds through the Nasdaq Testing
seeks permanent approval is consistent Facility (NTF) [of The Nasdaq Stock
[Release No. 34–47648; File No. SR–NASD– Market, Inc. (Nasdaq)] shall pay the
with the Commission’s position with 2003–53]
respect to participation guarantees. following charges:
The language that the Amex proposes Self-Regulatory Organizations; Notice $285/hour—For an Active Connection
to add to the rule would clarify that, if of Filing and Immediate Effectiveness for CTCI/NWII API testing [between 9
the facilitating firm has participated in of Proposed Rule Change by the a.m. and 5 p.m. E.T. on business days]
the 20% of the contracts to which it is National Association of Securities during the normal operating hours of
entitled when the order is traded at the Dealers, Inc. To Modify Nasdaq Test the NTF;
best bid or offer provided by the trading Facility Pricing Under Rule 7050 for $75/hour—For an Idle Connection for
crowd in response to the floor broker’s NASD Members CTCI/NWII API testing during the
initial request for a market, the normal operating hours of the NTF,
specialist would be allocated either the April 8, 2003. unless such an Idle Connection is over
greater of 20% of the executed contracts Pursuant to section 19(b)(1) of the a dedicated circuit;
or a share of the executed contracts that Securities Exchange Act of 1934 No charge—For an Idle Connection for
have been divided equally among the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 CTCI/NWII API testing if such an Idle
specialist and other participants in the notice is hereby given that on March 24, Connection is over a dedicated circuit
trade. This provision is consistent with 2003, the National Association of during the normal operating hours of
the Commission’s position regarding Securities Dealers, Inc. (‘‘NASD’’), the NTF;
participation guarantees and comports through its subsidiary, The Nasdaq $333/hour—For CTCI/NWII API testing
with the Commission’s understanding of Stock Market, Inc. (‘‘Nasdaq’’), filed (for both Active and Idle Connections)
how the Amex rule was to be applied with the Securities and Exchange at all [other] times other than the
when the Commission approved the Commission (‘‘Commission’’) the normal operating hours of the NTF
rule on a pilot basis. proposed rule change as described in [on business days, or on weekends
As noted above, the Exchange has Items I, II and III below, which Items and holidays].
requested that the Commission grant have been prepared by Nasdaq. Nasdaq (2)(A) An ‘‘Active Connection’’
accelerated approval to the proposed has designated this proposal as one commences when the user begins to
rule change. The Exchange states that establishing or changing a due, fee or send and/or receive a transaction to and
the pilot program has been in effect for other charge imposed by the self- from the NTF and continues until the
almost three years without incident and regulatory organization under section earlier of disconnection or the
that substantially similar rules are in 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– commencement of an Idle Connection.
place at the Chicago Board Options 4(f)(2) thereunder,4 which renders the (B) An ‘‘Idle Connection’’ commences
Exchange, the Pacific Exchange, and the proposed rule change effective upon after a Period of Inactivity and
International Securities Exchange.17 The filing with the Commission. The continues until the earlier of
Exchange adds that accelerated approval Commission is publishing this notice to disconnection or the commencement of
would obviate the need to extend the solicit comments on the proposed rule an Active Connection. If a Period of
pilot program beyond its current change from interested persons. Inactivity occurs immediately after
expiration date of April 7, 2003. subscriber’s connection to the NTF is
The Commission finds good cause, I. Self-Regulatory Organization’s
Statement of the Terms of Substance of established and is then immediately
consistent with Sections 6(b) and followed by an Idle Connection, then
19(b)(2) of the Act, for approving the the Proposed Rule Change
such Period of Inactivity shall also be
proposed rule change prior to the Nasdaq proposes to modify Nasdaq deemed a part of the Idle Connection.
thirtieth day after the date of Test Facility pricing under Rule 7050 (C) A ‘‘Period of Inactivity’’ is an
publication of the notice of filing thereof for NASD members.5 Nasdaq will uninterrupted period of time of
in the Federal Register. The proposal implement the proposed rule change on specified length when the connection is
raises no new regulatory issue and will April 1, 2003. The text of the proposed open but the NTF is not receiving from
make permanent a pilot program that rule change is below. Proposed new or sending to subscriber any
comports with the facilitation cross language is in italics; proposed transactions. The length of the Period of
rules of other exchanges. deletions are in [brackets]. Inactivity shall be such period of time
It is therefore ordered, pursuant to * * * * * between 5 minutes and 10 minutes in
Section 19(b)(2) of the Act, that the length as Nasdaq may specify from time
proposed rule change (SR–Amex–2000– 18 17 CFR 200.30–3(a)(12). to time by giving notice to users of the
49), as amended, be, and hereby is, 1 15 U.S.C. 78s(b)(1). NTF.
approved on an accelerated basis. 2 17 CFR 240.19b–4.
(3) The foregoing hourly fees shall not
3 15 U.S.C. 78s(b)(3)(A)(ii).
16 See, e.g., Securities Exchange Act Release No. 4 17 CFR 240.19b–4(f)(2).
apply to market data vendor feed
43100 (July 31, 2000), 65 FR 48778 (August 9, 5 Nasdaq is also submitting a proposed rule
testing, or testing occasioned by:
2000). change to establish an identical fee for non- (A) new or enhanced services and/or
17 See Amendment No. 5. members. See SR–NASD–2003–54. software provided by Nasdaq[.] or

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17973

(B) modifications to software and/or have elapsed since the subscriber monthly fee, in addition to any
services initiated by Nasdaq in response commenced the testing of such Nasdaq applicable hourly fee described in
to a contingency[.]; or service. section (d)(1) above, in accordance with
(C) testing by a subscriber of a Nasdaq ([3]4) Subscribers that conduct CTCI/ the following schedule:
service that the subscriber has not used API or market data vendor feed tests
previously, except if more than 30 days using a dedicated circuit shall pay a

Service Description [Proposed] price

NTF Market Data ......................................... Test Market Data Vendor Feeds over a 56kb dedicated circuit ... $1,100/circuit/month.
NTF NWII API ............................................. NWII API service to an onsite test SDP over a 56kb dedicated $1,100/circuit/month.
circuit.
NTF CTCI .................................................... CTCI service over a 56kb dedicated circuit .................................. $1,100/circuit/month.
NTF Test Suite ............................................ NWII API service and CTCI service over two 56kb circuits (128 $1,800/2 circuits/month.
kb).
NTF Circuit Installation ................................ Installation of any service option including SDP configuration ..... $700/circuit/installation.

([4]5) New NTF subscribers that sign subscribers to make greater use of issuers and other persons using any
a one-year agreement for dedicated Nasdaq services. facility or system which the NASD
testing service shall be eligible to The proposed rule distinguishes operates or controls. By adopting a
receive 90-calendar days free dedicated between active and idle connections to pricing structure that is responsive to
testing service. the NTF. An active connection is in subscriber needs and market demands,
([5]6) ‘‘New NTF subscribers’’ are effect while transactions are actually the proposed rule supports efficient use
subscribers that being transmitted and for a brief period of existing systems and ensures that the
(A) have never had dedicated testing of inactivity thereafter. The existing charges associated with such use are
service; or hourly rate ($285 per hour) remains allocated equitably.
unchanged with respect to the times
(B) have not had dedicated testing B. Self-Regulatory Organization’s
when the connection is active during
service within the last 6 calendar Statement on Burden on Competition
the NTF’s normal operating hours.
months. Nasdaq does not believe that the
However, if no transactions are being
* * * * * transmitted over an open connection, proposed rule change will result in any
II. Self-Regulatory Organization’s then, after a certain period of inactivity, burden on competition that is not
Statement of the Purpose of, and that connection would be deemed idle necessary or appropriate in furtherance
Statutory Basis for, the Proposed Rule and a newly established lower rate ($75 of the purposes of the Act.
Change per hour) will apply. Initially, the
C. Self-Regulatory Organization’s
period during which a connection needs
In its filing with the Commission, Statement on Comments on the
to remain inactive before it will be
Nasdaq included statements concerning Proposed Rule Change Received From
deemed idle will be 10 minutes.
the purpose of and basis for the Members, Participants or Others
However, Nasdaq reserves the right to
proposed rule change and discussed any adjust this time within a range of 5 to Written comments were neither
comments it received on the proposed 10 minutes by giving notice of the solicited nor received.
rule change. The text of these statements change to NTF subscribers. The idle III. Date of Effectiveness of the
may be examined at the places specified connection rate will not apply outside Proposed Rule Change and Timing for
in Item IV below. Nasdaq has prepared of NTF’s normal operating hours, when Commission Action
summaries, set forth in sections A, B, the existing rate ($333 per hour) remains
and C below, of the most significant unchanged for both active and idle The proposed rule change has become
aspects of such statements. connections. immediately effective pursuant to
The proposed rule also eliminates idle section 19(b)(3)(A)(ii) of the Act,8 and
A. Self-Regulatory Organization’s subparagraph (f)(2) of Rule 19b–4
Statement of the Purpose of, and connection charges during the NTF’s
normal operating hours for NTF thereunder,9 in that it establishes or
Statutory Basis for, the Proposed Rule changes a due, fee, or other charge
subscribers with dedicated circuit
Change imposed by the self-regulatory
connections and waives hourly charges
1. Purpose during the times over an initial 30-day organization. At any time within 60
period when a subscriber is using NTF days of the filing of such proposed rule
The proposed rule change seeks to change, the Commission may summarily
to test a Nasdaq service that the
make certain modifications to the abrogate the rule change if it appears to
subscriber has not used previously.
pricing of testing services provided the Commission that such action is
through the Nasdaq Test Facility 2. Statutory Basis necessary or appropriate in the public
(‘‘NTF’’). The objectives of the pricing Nasdaq believes that the proposed interest, for the protection of investors,
changes are to reduce barriers to entry rule change is consistent with the or otherwise in furtherance of the
for new Nasdaq subscribers and to provisions of section 15A of the Act,6 purposes of the Act.
address feedback from subscribers including section 15A(b)(5) of the Act,7
regarding current test fees. In some which requires that the rules of the IV. Solicitation of Comments
instances, the current charges are not NASD provide for the equitable Interested persons are invited to
cost efficient for subscribers, and as a allocation of reasonable dues, fees and submit written data, views, and
consequence, firms may choose not to other charges among members and arguments concerning the foregoing,
test through NTF or elect not to connect
to Nasdaq’s systems at all. The proposed 6 15 U.S.C. 78o–3. 8 15 U.S.C. 78s(b)(3)(A)(ii).
rule change seeks to encourage 7 15 U.S.C. 78o–3(b)(5). 9 17 CFR 240.19b–4(f)(2).

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17974 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

including whether the proposed rule solicit comments on the proposed rule rules and interpretations relating to ITS/
change is consistent with the Act. change from interested persons. CAES Market Makers, including the
Persons making written submissions requirement to enter and maintain two-
I. Self-Regulatory Organization’s
should file six copies thereof with the sided quotations in CQS for such
Statement of the Terms of Substance of
Secretary, Securities and Exchange security, subject to the excused
the Proposed Rule Change
Commission, 450 Fifth Street, NW., withdrawal procedures set forth in Rule
Washington, DC 20549–0609. Copies of Nasdaq is filing this proposed rule 6350; and
the submission, all subsequent change in order to eliminate the [(3) submit to the Application a
amendments, all written statements requirement that Primex Auction minimum of 80%* of the number of its
with respect to the proposed rule System Market Makers (‘‘PAMMs’’) Mandatory Eligible Orders (including
change that are filed with the submit a minimum percentage of certain customer orders of another broker-
Commission, and all written orders to the Primex Auction System dealer that has directed such orders to
communications relating to the (‘‘Primex’’ or ‘‘System’’) in order to the Participant) as soon as practicable
proposed rule change between the retain their status as PAMMs. upon receipt by the Participant, for the
Commission and any person, other than The text of the proposed rule change purpose of exposing such orders to the
those that may be withheld from the appears below. Proposed new language Primex Crowd. Mandatory Eligible
public in accordance with the is underlined; proposed deletions are in Orders do not include:
provisions of 5 U.S.C. 552, will be brackets. (A) Any customer order that is greater
available for inspection and copying in 5010. NASDAQ Application of the than 1099 shares at origination, except
the Commission’s Public Reference Primex Auction System that nothing in these rules prohibits a
Room. Copies of such filing will also be Participant from submitting orders of
available for inspection and copying at 5011. Definitions
greater size at any time;
the principal office of the NASD. All For purposes of this Rule Series, (B) Any customer order that, when
submissions should refer to File No. unless the context requires otherwise: initially received by the Participant, is
SR–NASD–2003–53 and should be * * * * * a Fixed Price Order with a specified
submitted by May 5, 2003. (a) [‘‘Mandatory Eligible Order’’ price that is not eligible for acceptance
For the Commission, by the Division of means a public customer order, as more by the Application because it is priced
Market Regulation, pursuant to delegated fully defined in rule 5020, that a Primex outside the NBBO and is not otherwise
authority.10 Auction Market Maker must submit to marketable pursuant to Rule 5013(a)(2),
Margaret H. McFarland, the System for exposure in order for the regardless of whether or not the order
Deputy Secretary. Primex Auction Market Maker to
[FR Doc. 03–9036 Filed 4–11–03; 8:45 am] maintain its status as such, subject to * The 80% test will be applied on a quarterly

BILLING CODE 8010–01–P any exclusions or minimum permissible basis, and will be phased in as follows: For the
amount provided therein.] Reserved. calendar quarters commencing on October 1, 2001;
January 1, 2002; April 1, 2002; July 1, 2002; and
* * * * * October 1, 2002; any participant may register in any
SECURITIES AND EXCHANGE eligible security as a Primex Auction Market Maker
COMMISSION 5020. Market Maker Participation 3 and maintain that status during such calendar
(a) No Changes. quarters without regard to the percentage of its
[Release No. 34–47645; File No. SR–NASD– orders it submits to the System for such security
2003–58]
(b) With respect to each security in during that time, provided it also satisfies all other
which a Participant is registered as a requirements of a Primex Auction Market Maker
Self-Regulatory Organizations; Notice Primex Auction Market Maker, the pursuant to these rules.
of Filing and Immediate Effectiveness Participant shall: Beginning with the calendar quarter that
(1) if the security is a Nasdaq-listed commences on January 1, 2003, a participant
of a Proposed Rule Change by the previously registered as a Primex Auction Market
National Association of Securities security, be registered as a Nasdaq Maker for a particular security may maintain its
Dealers, Inc. Eliminating Certain market maker (1) if the security is a status as such until March 30, 2003 only if it
Eligibility Requirements for Nasdaq-listed security, be registered as submitted at least 50% of its Mandatory Eligible
a Nasdaq market maker in such security Orders during the calendar quarter that commences
Participating in the Primex Auction on October 1, 2002 (or during such portion of the
System as a Primex Auction System (or become so registered), and at all calendar quarter that commences on October 1,
Market Maker times comply with all applicable NASD 2002 in which the participant was so registered if
rules and interpretations relating to the participant registered in mid quarter), provided
April 8, 2003. Nasdaq market makers, including the it also satisfies all other requirements of a Primex
Pursuant to section 19(b)(1) of the Auction Market Maker pursuant to these rules. A
requirement to enter and maintain participant that is newly registering as a Primex
Securities Exchange Act of 1934 two-sided quotations in Nasdaq for such Auction Market Maker for a particular security any
(‘‘Act’’),1 and rule 19b–4 2 thereunder, security, subject to the excused time after the start of the calendar quarter that
notice is hereby given that on March 27, withdrawal procedures set forth in Rule commences on January 1, 2003 may maintain its
2003, the National Association of status as such until the end of the calendar quarter
4619; in which it registered without regard to the
Securities Dealers, Inc. (‘‘NASD’’), (2) if the security is an ITS/CAES percentage of its orders it submits to the System for
through its subsidiary, the Nasdaq Stock eligible security, be registered as an ITS/ such security during that time.
Market, Inc. (‘‘Nasdaq’’), submitted to CAES Market Maker (or become so Beginning with the calendar quarter that
the Securities and Exchange registered) in such security, and at all commences on April 1, 2003, and each calendar
Commission (‘‘Commission’’) the quarter thereafter, a participant previously
times comply with all applicable NASD registered as a Primex Auction Market Maker for a
proposed rule change as described in particular security may maintain its status as such
Items I, II, and III below, which Items 3 The rule text provided herein includes until the end of that calendar quarter only if it
have been prepared by Nasdaq. The corrections of typographical errors from the rule submitted at least 80& of its Mandatory Eligible
Commission is publishing this notice to text that Nasdaq submitted in Exhibit 1 of the Orders during the previous calendar quarter (or
proposed rule change. Telephone conversation during the portion of such previous calendar
between Peter R. Geraghty, Associate Vice President quarter in which it was so registered if the
10 17 CFR 200.30–3(a)(12). and Associate General Counsel, Office of General participant registered in mid quarter), provided it
1 15 U.S.C. 78s(b)(1). Counsel, Nasdaq, and Tim Fox, Attorney, Division also satisfies all other requirements of a Primex
2 17 CFR 240.19b–4. of Market Regulation, Commission on April 7, 2003. Auction Market Maker pursuant to these rules.]

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17975

becomes eligible for acceptance and The purpose of the Percentage Test Primex. Members desire flexibility in
exposure at a subsequent point in time; was to achieve a mix of trading interest making order routing decisions and the
(C) Any customer order placed by a that would result in retail orders being rule complicates these decisions.
customer who authorizes the Participant exposed to other market participants Therefore, Nasdaq staff is proposing to
to not expose the order, either at the that would compete for the orders by eliminate the Percentage Test, which
time the order is placed or prior thereto providing price improvement. will eliminate an impediment to using
pursuant to an individually negotiated Ultimately, the Percentage Test was a Primex. As a result, Nasdaq expects that
agreement with respect to such balance between continuing to provide more members will participate in
customer’s orders; PAMMs flexibility in how they execute Primex, which should increase liquidity
(D) Any customer order that is an odd their customer orders and the desire to and opportunities for price
lot order (e.g., less than 100 shares); provide a cross section of orders that improvement.
(E) Any customer order to be executed would generate crowd participation and
competition for orders. However, B. Self-Regulatory Organization’s
outside of the hours of operation of the Statement on Burden on Competition
Application; or members have indicated that the
(F) Any other order that would not Percentage Test complicates their order Nasdaq does not believe that the
fall within the definition of the term handling decisions, creating a proposed rule change will impose any
‘‘covered order’’ as defined in Exchange disincentive to participating in Primex. burden on competition that is not
Act Rule 11Ac1–5(a)(8).] Therefore, Nasdaq is proposing to necessary or appropriate in furtherance
(3[4]) not attach a condition for eliminate the Percentage Test and allow of the purposes of the Act.
Minimum Relative Price Improvement members to participate as PAMMs
C. Self-Regulatory Organization’s
to any order submitted to the irrespective of the number of orders
Statement on Comments on the
Application solely for its own principal they submit to the System.
The proposal to eliminate the Proposed Rule Change Received From
account and not involving a customer Members, Participants or Others
Percentage Test does not modify any
order. No written comments were either
other aspect of Primex. For example,
* * * * * PAMMs must continue to comply with solicited or received.
II. Self-Regulatory Organization’s the other requirements of NASD Rule
III. Date of Effectiveness of the
Statement of the Purpose of, and 5020 that govern PAMM eligibility, and
Proposed Rule Change and Timing for
Statutory Basis for, the Proposed Rule PAMMs will continue to have the right
Commission Action
Change to use the matching features and to
participate in the fee sharing The foregoing rule change has been
In its filing with the Commission, arrangements that are not available to designated by NASD as effecting a
Nasdaq included statements concerning Crowd Participants. change in an existing order-entry or
the purpose of and basis for the trading system of NASD that: (1) Does
proposed rule change, and discussed 2. Statutory Basis not significantly affect the protection of
any comments it received on the Nasdaq believes the proposed rule investors or the public interest; (2) does
proposed rule change. The text of these change is consistent with section not impose any significant burden on
statements may be examined at the 15A(b)(6) of the Act,6 which requires competition; and (3) does not have the
places specified in Item IV below. that NASD’s rules be designed, among effect of limiting the access to or
Nasdaq has prepared summaries, set other things, to remove impediments to availability of the system. The proposed
forth in Sections A, B and C below, of and perfect the mechanism of a free and rule change has therefore become
the most significant aspects of such open market and national market effective pursuant to section 19(b)(3)(A)
statements. system, and, in general, protect of the Act 7 and Rule 19b–4(f)(5) 8
investors and the public interest. thereunder. The Nasdaq believes that
A. Self-Regulatory Organization’s
Nasdaq believes the proposal to the proposal to eliminate the Percentage
Statement of the Purpose of, and
eliminate the Percentage Test is Test complies with the requirements of
Statutory Basis for, the Proposed Rule
consistent with NASD’s obligations Rule 19b–4(f)(5) under the Act because
Change
under section 15A(b)(6) of the Act it effects a change in Primex, an existing
1. Purpose because it will remove an impediment trading system. In addition, the proposal
to using Primex, which should result in does not modify how Primex operates.
Presently, NASD Rule 5020(b)(3)
greater participation in the System and Therefore, it does not significantly affect
requires PAMMS to submit 80% of their
increased liquidity and opportunities the protection of investors or the public
Mandatory Eligible Orders to Primex in
for price improvement. interest. Instead, the proposal eliminates
order to retain their status as PAMMs
When originally implemented, a requirement that is viewed as an
(‘‘Percentage Test’’).4 Members
Nasdaq believed the requirement would impediment to using Primex. In this
registered as PAMMs can utilize certain promote liquidity by ensuring a cross
matching features and are eligible for fee regard, the proposal does not have the
section of order flow from each PAMM, effect of limiting the access or
sharing, which are features not available which in turn would encourage non-
to members that do not participate as availability of the System, but instead
market makers to participate in Primex should promote access to it, which
PAMMs (i.e., Crowd Participants).5 and offer opportunities for price should increase participation in the
improvement. Nasdaq represents that System and promote competition for
4 The term ‘‘Mandatory Eligible Order’’ is defined

in NASD Rule 5011(l).


promoting liquidity and price orders exposed in the System.
5 PAMMS can enter Clean Cross orders and use improvement opportunities are
the Two Cent Match, 50% Match, and Block consistent with the protection of IV. Solicitation of Comments
Facilitation Match features. These features are investors. However, instead of fostering Interested persons are invited to
described in NASD Rule 5014. In addition, liquidity, members have indicated the
pursuant to NASD Rule 7010(r)(1), a PAMM can
submit written data, views and
share in the Primex fees charged to members when requirement is a disincentive to using
7 15 U.S.C. 78s(b)(3)(A).
the PAMMs order interacts with crowd interest in
Primex. 6 15 U.S.C. 78o–3(b)(6). 8 17 CFR 240.19b–4(f)(5).

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17976 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

arguments concerning the foregoing, Act.3 On April 7, 2003, the Phlx filed would continue to have a maximum
including whether the proposed rule Amendment No. 1 to the proposed rule guaranteed AUTO–X size of 2,000
change is consistent with the Act. change.4 The Commission is publishing contracts in the first two near term
Persons making written submissions this notice to solicit comments on the expiration months, and 1,000 contracts
should file six copies thereof with the proposed rule change, as amended, from for all other expiration months.7
Secretary, Securities and Exchange interested persons. Below is the text of the proposed rule
Commission, 450 Fifth Street, NW., change. Proposed new language is in
I. Self-Regulatory Organization’s
Washington, DC 20549–0609. Copies of italics; proposed deletions are in
Statement of the Terms of Substance of
the submission, all subsequent brackets.
the Proposed Rule Change
amendments, all written statements * * * * *
with respect to the proposed rule The Phlx proposes to implement an
change that are filed with the options program to be firm for, and to Firm Quotations
Commission, and all written automatically execute eligible orders
Rule 1082. (a) No change.
communications relating to the against, the Exchange’s disseminated
proposed rule change between the size for both customer and broker-dealer (b) Except as provided in paragraph
Commission and any person, other than orders. Specifically, the Exchange (c) of this Rule, all quotations made
those that may be withheld from the proposes to amend Exchange Rule 1082, available by the Exchange and displayed
public in accordance with the Firm Quotations, to provide that all by quotation vendors shall be firm for
provisions of 5 U.S.C. 552, will be Phlx options quotations would be firm customer and broker-dealer orders at
available for inspection and copying in for all incoming customer and broker- the disseminated price in an amount up
the Commission’s Public Reference dealer orders for their full disseminated to the disseminated size. Responsible
Room. Copies of such filing will also be size. brokers or dealers bidding (or offering)
available for inspection and copying at The Exchange further proposes to at the disseminated price shall be
the principal office of the NASD. All amend Exchange Rule 1080, collectively required to execute orders
submissions should refer to File No. Philadelphia Stock Exchange presented to them at such price up to
SR–NASD–2003–58 and should be Automated Options Market (AUTOM) the disseminated size in accordance
submitted by May 5, 2003. and Automatic Execution System with Rule 1015, or, if the responsible
(AUTO–X),5 to provide automatic broker or dealer is representing (as
For the Commission, by the Division of
Market Regulation, pursuant to delegated
executions for eligible customer and off- agent) a limit order, such responsible
authority.9 floor broker-dealer orders up to the broker or dealer shall be responsible (as
Margaret H. McFarland,
Exchange’s disseminated size, subject to agent) up to the size of such limit order,
a maximum guaranteed AUTO–X size of but may be responsible as principal for
Deputy Secretary.
250 contracts. Options on the Nasdaq- all or a portion of the excess of the
[FR Doc. 03–9037 Filed 4–11–03; 8:45 am] 100 Index Tracking Stock (‘‘QQQ’’SM) 6 disseminated size over the size of such
BILLING CODE 8010–01–P
limit order to the extent provided in
3 17 CFR 240.19b–4(f)(6). Rule 1015.
4 See letter from Richard S. Rudolph, Director and
SECURITIES AND EXCHANGE (c) No change.
Counsel, Phlx, to Deborah Lassman Flynn, Assistant
COMMISSION Director, Division of Market Regulation, (d) [In accordance with paragraph
Commission, dated April 4, 2003 (‘‘Amendment No. (d)(l)(ii) of the SEC Quote Rule, the
[Release No. 34–47646; File No. SR–Phlx– 1’’). In Amendment No. 1, Phlx deleted certain quotation size for a disseminated price
2003–18] proposed language stating that ‘‘[t]he minimum
with respect to an order for the account
guaranteed AUTO–X size is 1 contract, and the
Self-Regulatory Organizations; Notice current maximum AUTO–X size is 250 contracts, of a broker or dealer (‘‘broker-dealer
of Filing and Immediate Effectiveness except for QQQ options’’; retained current language order’’) shall be one (1) contract
that the minimum and maximum guaranteed (‘‘quotation size’’), and all quotations
of Proposed Rule Change and AUTO–X sizes for each option will be posted in the
Amendment No. 1 Thereto by the Phlx’s website; and retained current language that
made available by the Exchange and
Philadelphia Stock Exchange, Inc. there be a minimum guaranteed AUTO–X size and displayed by quotation vendors shall be
Relating to Equal Firm Quotation Size maximum guaranteed AUTO–X size, as determined firm for broker-dealer orders at the
by the specialist and subject to approval of the disseminated price in an amount up to
and AUTO–X Guarantees for Customer Options Committee.
and Broker-Dealer Orders 5 AUTOM is the Exchange’s electronic order the quotation size. The quotation size
delivery, routing, execution and reporting system, for broker-dealer orders provided in this
April 8, 2003. which provides for the automatic entry and routing paragraph (d) shall be periodically
Pursuant to Section 19(b)(1) of the of equity option and index option orders to the published by the Exchange. Responsible
Exchange trading floor. Orders delivered through
Securities Exchange Act of 1934 AUTOM may be executed manually, or certain
brokers or dealers bidding (or offering)
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 orders are eligible for AUTOM’s automatic at the disseminated price shall be
notice is hereby given that on March 20, execution feature, AUTO–X. Equity option and collectively required to execute broker-
2003, the Philadelphia Stock Exchange, index option specialists are required by the dealer orders at such price up to the
Exchange to participate in AUTOM and its features
Inc. (‘‘Exchange’’ or ‘‘Phlx’’) filed with and enhancements. Option orders entered by quotation size. (e)] If responsible brokers
the Securities and Exchange Exchange members into AUTOM are routed to the or dealers receive an order to buy or sell
Commission (‘‘SEC’’ or ‘‘Commission’’) appropriate specialist unit on the Exchange trading a listed option at the disseminated price
the proposed rule change as described floor. See Exchange Rule 1080. in an amount greater than the
6 The Nasdaq-100, Nasdaq-100 Index,
in Items I, II, and III below, which Items disseminated size [(for customer orders)
Nasdaq, The Nasdaq Stock Market, Nasdaq-100
have been prepared by the Phlx. The SharesSM, Nasdaq-100 TrustSM, Nasdaq-100 Index
proposed rule change has been filed by Tracking StockSM, and QQQSM are trademarks or SharesSM. Nasdaq has complete control and sole
the Phlx as a ‘‘non-controversial’’ rule service marks of Nasdaq and have been licensed for discretion in determining, comprising, or
use for certain purposes by the Philadelphia Stock calculating the Index or in modifying in any way
change under Rule 19b–4(f)(6) under the its method for determining, comprising, or
Exchange pursuant to a License Agreement with
Nasdaq. The Nasdaq-100 Index (the Index) is calculating the Index in the future.
9 17 CFR 200.30–3(a)(12). determined, composed, and calculated by Nasdaq 7 See Securities Exchange Act Release No. 46531
1 15 U.S.C. 78s(b)(1). without regard to the Licensee, the Nasdaq-100 (September 23, 2002), 67 FR 61370 (September 30,
2 17 CFR 240.19b–4. TrustSM, or the beneficial owners of Nasdaq-100 2002) (SR–Phlx–2002–47).

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17977

or the quotation size (for broker-dealer Currently, the Exchange’s maximum Section 19(b)(3)(A) of the Securities
orders)], such responsible broker or allowable AUTO–X guarantee is 250 Exchange Act of 1934.
dealer shall, within thirty (30) seconds contracts. With respect to options on the (i)–(v) No change.
of receipt of the order, (i) execute the Nasdaq-100 Index Tracking Stock
entire order at the disseminated price (‘‘QQQ’’)SM, orders of up to 2,000 (d)–(j) No change.
(or better), or (ii) execute that portion of contracts in the first two (2) near term Commentary
the order equal to the disseminated size expiration months, and 1,000 contracts
[(in the case of a customer order) or the for all other expiration months, are 01–.04 No change.
quotation size (in the case of a broker- eligible for AUTO–X. .05 Off-floor broker-dealer limit
dealer order)] at the disseminated price For each option, there shall be a orders delivered through AUTOM must
(or better), and revise its bid or offer. minimum guaranteed AUTO–X size and be represented on the Exchange Floor by
Commentary: a maximum guaranteed AUTO–X size. a floor member. Off-floor broker-dealer
.01. For purposes of this Rule 1082, Such minimum and maximum sizes orders delivered via AUTOM shall be
the term ‘‘broker-dealer orders’’ may be for a different number of for a minimum size of one (1) contract.
includes orders for the account(s) of contracts for customer orders than for Off-floor broker-dealer limit orders are
market makers on another exchange broker-dealer orders], as determined by
subject to the following other
and Registered Options Traders the specialist and subject to the
provisions:
(‘‘ROTs’’) on the Exchange. approval of the Options Committee.
* * * * * The Exchange shall provide automatic (i)–(iii) No Change
executions for eligible customer and (iv) [(a) The minimum guaranteed
Philadelphia Stock Exchange broker-dealer orders up to the AUTO–X size shall be at least 10
Automated Options Market (AUTOM) Exchange’s disseminated size as defined contracts for off-floor broker-dealer limit
and Automatic Execution System in Exchange Rule 1082, subject to a orders in the 120 most actively traded
(AUTO–X) minimum guaranteed AUTO–X size and equity options (the ‘‘Top 120 Options’’).
Rule 1080. (a)–(b) No change. a maximum guaranteed AUTO–X size A Top 120 Option is defined as one of
(up to a size of 250 contracts). the 120 most actively traded equity
(c) AUTO–X.—AUTO–X is a feature
of AUTOM that automatically executes • If the Exchange’s disseminated size options in terms of the total number of
eligible market and marketable limit is greater than the minimum guaranteed contracts that were traded nationally for
orders up to the number of contracts AUTO–X size, and less than the a specified month based on volume
permitted by the Exchange for certain maximum guaranteed AUTO–X size, reflected by The Options Clearing
strike prices and expiration months in inbound eligible orders shall be Corporation (‘‘OCC’’).
equity options and index options, automatically executed up to
Exchange’s disseminated size. (b) With respect to all other options,
unless the Options Committee off-floor broker-dealer limit orders may
determines otherwise. AUTO–X Remaining contracts shall be executed
manually by the specialist or placed on be eligible for automatic execution via
automatically executes eligible orders AUTO–X on an issue-by-issue basis,
using the Exchange disseminated the limit order book.
• If the Exchange’s disseminated size subject to the approval of the Options
quotation (except if executed pursuant Committee.
to the NBBO Feature in sub-paragraph is less than the minimum guaranteed
(i) below) and then automatically routes AUTO–X size for that option, inbound (c) The AUTO–X guarantee for off-
execution reports to the originating eligible orders shall be automatically floor broker-dealer limit orders may be
member organization. AUTOM orders executed up to such minimum for a different number of contracts, on
not eligible for AUTO–X are executed guaranteed AUTO–X size. Remaining an issue-by-issue basis, than the AUTO–
manually in accordance with Exchange contracts shall be executed manually by X guarantee for public customer orders,
rules. Manual execution may also occur the specialist or placed on the limit subject to the approval of the Options
when AUTO–X is not engaged, such as order book. Committee. (v)] Off-floor broker-dealer
pursuant to sub-paragraph (iv) below. • If the Exchange’s disseminated size AUTO–X eligible limit orders may be
An order may also be executed partially is greater than the maximum guaranteed eligible for the Exchange’s National Best
by AUTO–X and partially manually. AUTO–X size, inbound eligible orders Bid or Offer (‘‘NBBO’’) Step-Up Feature
The Options Committee may for any shall be automatically executed up to on an issue-by-issue basis, subject to the
period restrict the use of AUTO–X on such maximum guaranteed AUTO–X approval of the Options Committee.
the Exchange in any option or series size. Remaining contracts shall be
* * * * *
provided that the effectiveness of any executed manually by the specialist.
such restriction shall be conditioned The minimum and maximum II. Self-Regulatory Organization’s
upon its having been approved by the guaranteed AUTO–X size applicable to Statement of the Purpose of, and
Securities and Exchange Commission each option shall be posted on the Statutory Basis for, the Proposed Rule
pursuant to Section 19(b) of the Exchange’s web site. Change
Securities Exchange Act of 1934 and the The Options Committee may, in its
rules and regulations thereunder. Any discretion, increase the size of orders in In its filing with the Commission, the
such restriction on the use of AUTO–X one or more classes of multiply-traded Phlx included statements concerning
approved by the Options Committee equity options eligible for AUTO–X to the purpose of and basis for the
will be clearly communicated to the extent necessary to match the size of proposed rule change and discussed any
Exchange membership and AUTOM orders in the same options eligible for comments it received on the proposed
users through an electronic message entry into the automated execution rule change. The text of these statements
sent via AUTOM and through an system of any other options exchange, may be examined at the places specified
Exchange information circular. Such provided that the effectiveness of any in Item IV below. The Phlx has prepared
restriction would not take effect until such increase shall be conditioned upon summaries, set forth in Sections A, B
after such communication has been its having been filed with the Securities and C below, of the most significant
made. and Exchange Commission pursuant to aspects of such statements.

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17978 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

A. Self-Regulatory Organization’s quotations. Thus, the Exchange contracts, on an issue-by-issue basis,


Statement of the Purpose of, and proposes to eliminate any distinction than the AUTO–X guarantee for public
Statutory Basis for, the Proposed Rule between the size for which its quotes are customer orders, subject to the approval
Change firm, whether for customers or broker- of the Options Committee.
dealers, including market makers on
1. Purpose c. Conclusion
other exchanges and Registered Options
The Phlx proposes to require that all Traders (‘‘ROTs’’). The Exchange believes that this
Phlx quotations would be firm for all proposed ‘‘one size fits all’’ approach, as
incoming customer and broker-dealer b. Automatic Executions at the set forth in subsections a. and b. above,
orders for their full disseminated size, Disseminated Size for Eligible Customer should enable the Exchange to compete
thus eliminating any distinction and Broker-Dealer Orders for broker-dealer orders by ensuring that
between customer orders and broker- In November 2002, the Commission there would be no distinction between
dealer orders respecting firm quotation approved an Exchange proposal to broker-dealer and customer orders with
size. The Phlx also proposes to provide provide automatic executions for respect to: (i) the size for which the
that all Phlx guaranteed AUTO–X sizes eligible orders at the Exchange’s Exchange is firm at its disseminated
would be the same for both customer disseminated size, subject to a price; and (ii) the Exchange’s guaranteed
and broker-dealer orders. minimum and maximum eligible size AUTO–X size. Furthermore, the
a. Firm Quotation Size range to be determined by the specialist Exchange believes that the proposal
and subject to approval of the Options should enhance the transparency of its
Currently, Exchange Rule 1082(b) Committee, on an issue-by-issue basis.9 markets and result in a larger number of
requires that all quotations made The Exchange now proposes to amend orders automatically executed.
available by the Exchange and displayed Exchange Rule 1080(c) by deleting the
by quotation vendors shall be firm for provision that such minimum and 2. Statutory Basis
customer orders at the disseminated maximum sizes may be for a different The Exchange believes the proposed
price in an amount up to the number of contracts for customer orders rule change, as amended, is consistent
disseminated size. Exchange Rule than for broker-dealer orders. with Section 6(b) of the Act 10 in
1082(d) sets forth a different ‘‘quotation Corresponding sections of the general, and furthers the objectives of
size’’ of one contract applicable to Commentary to Exchange Rule 1080 Section 6(b)(5) of the Act 11 in
broker-dealer orders, which is concerning AUTO–X eligibility and particular, because it is designed to
distinguished from the ‘‘disseminated different guaranteed AUTO–X sizes for promote just and equitable principles of
size’’ for which responsible brokers or customers and broker-dealers would trade, remove impediments to and
dealers are firm for customer orders.8 also be deleted. This would result in perfect the mechanism of a free and
The Exchange proposes to amend automatic executions for both eligible open market and protect investors and
Exchange Rule 1082(b) to require that customer orders and eligible broker- the public interest by requiring
all quotations made available by the dealer orders at the Exchange’s Exchange specialists and ROTs to be
Exchange and displayed by quotation disseminated size. firm for up to the Exchange’s
vendors shall be firm for customer The Exchange proposes to eliminate disseminated size for all orders, and
orders and broker-dealer orders at the the distinction among customer orders providing automatic executions at the
disseminated price in an amount up to and broker-dealer orders respecting same guaranteed size for all eligible
the disseminated size, thus eliminating AUTO–X guarantees. In order to ensure orders.
any distinction between customer that customer and broker-dealer orders
orders and broker-dealer orders with B. Self-Regulatory Organization’s
receive the same AUTO–X size
respect to the size for which Exchange Statement on Burden on Competition
guarantee, the Phlx proposes to delete
option quotations are firm. the current provisions in Exchange Rule The Exchange does not believe that
The Exchange would also delete any 1080, Commentary .05 requiring a the proposed rule change will impose
references to ‘‘quotation size’’ and minimum guaranteed AUTO–X size of any inappropriate burden on
‘‘broker-dealer’’ from Exchange Rule ten contracts for off-floor broker-dealer competition that is not necessary in
1082(e). This would be to require all orders in Top 120 options. Additionally, furtherance of the purposes of the Act.
quotations made available by the the current Commentary includes a
Exchange and displayed by quotation C. Self-Regulatory Organization’s
provision that, with respect to all other Statement on Comments on the
vendors to be firm at the disseminated options, off-floor broker-dealer limit
price in an amount up to the Proposed Rule Change Received From
orders may be eligible for automatic Members, Participants or Others
disseminated size for both customers execution via AUTO–X on an issue-by-
and broker-dealers. The Phlx represents issue basis, subject to the approval of No written comments were either
that the purpose of this provision is to the Options Committee. The Exchange solicited or received.
provide both customers and broker- proposes to delete this provision in III. Date of Effectiveness of the
dealers with full access to the entire order to enable all eligible broker-dealer Proposed Rule Change and Timing for
disseminated size of the Exchange’s orders to be treated the same as eligible Commission Action
customer orders with respect to the
8 Rule 11Ac1–1(d)(1)(ii) under the Act provides
Exchange’s guaranteed AUTO–X size. Because the foregoing proposed rule
that an exchange or association may establish by change: (1) Does not significantly affect
rule and periodically publish a quotation size, Finally, the Exchange proposes to
which shall not be for less than one contract, for delete from the Commentary the the protection of investors or the public
which responsible brokers or dealers who are provision that the AUTO–X guarantee interest; (2) does not impose any
members of such exchange or association are for off-floor broker-dealer limit orders significant burden on competition; and
obligated under paragraph (c)(2) of this section to (3) does not become operative for 30
execute an order to buy or sell a listed option for may be for a different number of
the account of a broker or dealer that is in an
days from the date of filing, or such
amount different from the quotation size for which 9 See Securities Exchange Act Release No. 46886
10 15 U.S.C. 78f(b).
it is obligated to execute an order for the account (November 22, 2002), 67 FR 72015 (December 3,
of a customer. 17 CFR 240.11Ac1–1(d)(1)(ii). 2002) (SR–Phlx–2002–39). 11 15 U.S.C. 78f(b)(5).

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17979

shorter time as the Commission may change, as amended, is consistent with SECURITIES AND EXCHANGE
designate if consistent with the the Act. Persons making written COMMISSION
protection of investors and the public submissions should file six copies
interest, the proposed rule change has thereof with the Secretary, Securities [Release No. 34–47647; File No. SR–Phlx–
become effective pursuant to Section 2003–20]
and Exchange Commission, 450 Fifth
19(b)(3)(A) 12 of the Act and Rule 19b– Street, NW., Washington, DC 20549– Self-Regulatory Organizations; Notice
4(f)(6) 13 thereunder.14 0609. Copies of the submission, all of Filing and Immediate Effectiveness
A proposed rule change filed under subsequent amendments, all written of Proposed Rule Change by the
Rule 19b–4(f)(6) normally does not statements with respect to the proposed Philadelphia Stock Exchange, Inc. To
become operative prior to 30 days after rule change that are filed with the Adopt a License Fee for Transactions
the date of filing. However, Rule 19b– Commission, and all written in DIAMONDS Exchange Traded
4(f)(6)(iii) permits the Commission to communications relating to the Funds
designate a shorter time if such action proposed rule change between the
is consistent with the protection of Commission and any person, other than April 8, 2003.
investors and the public interest. The Pursuant to Section 19(b)(1) of the
those that may be withheld from the
Phlx seeks to have the proposed rule Securities Exchange Act of 1934
public in accordance with the
change become operative immediately (‘‘Act’’),1 and Rule 19b–4 thereunder,2
upon filing so that the Exchange may provisions of 5 U.S.C. 552, will be
available for inspection and copying in notice is hereby given that on March 28,
remain competitive with other 2003, the Philadelphia Stock Exchange,
exchanges with similar rules in effect. the Commission’s Public Reference
Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with
The Commission, consistent with the Room. Copies of such filing will also be
the Securities and Exchange
protection of investors and the public available for inspection and copying at Commission (‘‘SEC’’ or ‘‘Commission’’)
interest, has determined to waive the the principal office of the Phlx. All the proposed rule change as described
30-day operative date and make the submissions should refer to File No. in Items I and II below, which Items
proposed rule change operative SR–Phlx–2003–18 and should be have been prepared by the Exchange.
immediately upon filing, in order to submitted by May 5, 2003. The Commission is publishing this
allow the Phlx to compete for broker- For the Commission, by the Division of notice to solicit comments on the
dealer orders by removing any Market Regulation, pursuant to delegated proposed rule change from interested
distinction between broker-dealer and authority.16 persons.
customer orders with respect to the size Margaret H. McFarland,
for which the Exchange is firm at its I. Self-Regulatory Organization’s
Deputy Secretary. Statement of the Terms of Substance of
disseminated price and the Exchange’s
guaranteed AUTO–X size.15 At any time [FR Doc. 03–9034 Filed 4–11–03; 8:45 am] the Proposed Rule Change
within 60 days of the filing of the BILLING CODE 8010–01–P The Exchange proposes to amend its
proposed rule change, the Commission Summary of Equity Charges to adopt a
may summarily abrogate such rule license fee of $0.00025 per share per
change if it appears to the Commission trade side for sides greater than 500
that such action is necessary or shares, with no maximum fee per trade
appropriate in the public interest, for side charged to Non-PACE Customers 3
the protection of investors, or otherwise and Electronic Communications
in furtherance of the purposes of the Networks (‘‘ECNs’’),4 and a license fee
Act. of $0.0005 per share per trade side, with
no maximum fee per trade side charged
IV. Solicitation of Comments
to specialists for transactions on the
Interested persons are invited to Phlx in the DIAMONDS Exchange
submit written data, views and Traded Funds (‘‘DIAMONDS’’).5 The
arguments concerning the foregoing, Exchange also proposes to make minor,
including whether the proposed rule technical changes to its equity fee
12 15 U.S.C. 78s(b)(3)(A). therein by an Exchange market maker or over-the- Jones, and Dow Jones makes no representation
13 17 CFR 240.19b–4(f)(6). counter (‘‘OTC’’) market maker, and permits such regarding the advisability of investing in the
14 As required under Rule 19b–4(f)(6)(iii), the orders to be executed against in whole or in part; DIAMONDS Trust.
Exchange provided the Commission with written except that the term ECN shall not include: any 6 These charges may include equity transaction

notice of its intent to file the proposed rule change system that crosses multiple orders at one or more charges, an equity floor brokerage assessment, an
at least five business days prior to the filing date specified times at a specified price set by the ECN, equity floor brokerage transaction fee, an off-
or such shorter period as designated by the algorithm, or by any derivative pricing mechanism Exchange trade information fee, an SEC fee, a
Commission. and does not allow orders to be crossed or executed
remote information access fee, an Electronic
15 For purposes only of accelerating the operative against directly by participants outside of such
Communications Network fee, an outbound Inter-
times; or, any system operated by or on behalf of
date of this proposal, the Commission has Market Trading System (‘‘ITS’’) fee and a net
an OTC market-maker or exchange market-maker
considered the proposed rule’s impact on inbound ITS credit. Additionally, the PACE
that executes customer orders primarily against the
efficiency, competition, and capital formation. 15 Specialist charge does not apply because specialists
account of such market maker as principal, other
U.S.C. 78c(f). are not eligible for further PACE volume discounts.
16 17 CFR 200.30–3(a)(12).
than riskless principal.
5 Dow Jones, ‘‘The DowSM,’’ ‘‘Dow 30SM,’’ ‘‘Dow See Securities Exchange Act No. 44259 (May 4,
1 15 U.S.C. 78s(b)(1). 2001), 66 FR 23962 (May 10, 2001) (SR–Phlx–2001–
Jones Industrial AverageSM,’’ ‘‘Dow Jones
2 17 CFR 240.19b–4.
IndustrialsSM,’’ ‘‘DJIASM,’’ ‘‘DIAMONDS’’ and 41).
3 PACE is the acronym for the Exchange’s 7 The license fees will not be eligible for the
‘‘The Market’s Measure’’ are trademarks of Dow
Automated Communication and Execution System, Jones & Company, Inc. (‘‘Dow Jones’’) and have monthly credit of up to $1,000 to be applied against
which is the Exchange’s order routing, delivery, been licensed for use for certain purposes by the certain fees, dues and charges and other amounts
execution and reporting system for its equity Philadelphia Stock Exchange, Inc., pursuant to a owed to the Exchange by certain members. See
trading floor. See Exchange Rules 229 and 229A. License Agreement with Dow Jones. The Securities Exchange Act Release No. 44292 (May
4 ECNs shall mean any electronic system that DIAMONDS Trust, based on the DJIA, is not 11, 2001), 66 FR 27715 (May 18, 2001) (SR–Phlx–
widely disseminates to third parties orders entered sponsored, endorsed, sold or promoted by Dow 2001–49).

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17980 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

schedule to make corresponding by the Phlx will be imposed where Text of the proposed rule change is set
references to the proposed fees. All applicable.6 forth below. New text is in italics.
other equity charges currently assessed The Exchange proposes to implement Deleted text is in brackets.
this fee as of April 1, 2003, the date that
it began trading in the DIAMONDS.7 Summary of Equity Charges (p 1/3)*

EQUITY TRANSACTION CHARGE I


[Based on total shares per transaction with the exception of specialist trades and PACE trades.1]

Monthly transaction value Rate per share

First 500 shares ............................................................................................................................................................................. $0.00


Next 2,000 shares ......................................................................................................................................................................... 0.0075
Next 7,500 shares ......................................................................................................................................................................... 0.005
Remaining shares .......................................................................................................................................................................... 0.004
$50 maximum fee per trade side.

License Fee
SPDRs, Standard & Poor’s Depositary Receipts**
Customer Non-PACE and Electronic Communications Network E (‘‘ECN’’) License Fee:
$0.00025 per share per trade side for sides greater than 500 shares
No maximum fee per trade side
Specialist License Fee:
$0.00035 per share per trade side
No maximum fee per trade side
DIAMONDS Exchange Traded Funds**
Customer Non-PACE and Electronic Communications Network E (‘‘ECN’’) License Fee:
$0.00025 per share per trade side for sides greater than 500 shares
No maximum fee per trade side
Specialist License Fee:
$0.0005 per share per trade side
No maximum fee per trade side
See Appendix A for additional fees.
I denotes fee eligible for monthly credit of up to $1,000.
* Not applicable to transactions in Nasdaq-100 Index Tracking StockSM (see page 4 for fees).

Summary of Equity Charges (p 2/3)*

PACE Specialist Charge 2 I


$.20 per PHLX Specialist Trade against PACE Executions (Not applicable to PACE trades on the opening)
Equity Floor Brokerage Assessment I
$250 monthly charge 3
Equity Floor Brokerage Transaction Fee I
$.05 per 100 shares or fraction thereof, for floor broker executing transactions for their own member firms.
SEC Fee
The amount shall be determined by Section 31 of the Securities Exchange Act of 1934.
Off-Exchange Trade Information Fee I
$.10 per DOT trade
Remote Information Access Fee I
$300.00 per month
Electronic Communications Network E (‘‘ECN’’) Fee
$2,500.00 per month (in lieu of equity transaction charges)
Outbound ITS Fee I (also applicable to transactions in Nasdaq-100 Index Tracking StockSM) 4
For PACE orders sent over ITS with the customer information attached:
500 shares or less .................................................................................... $0.60 per 100 shares.
501 to 4,999 shares .................................................................................. 0.30 per 100 shares.

Summary of Equity Charges (p 3/3)

3 PACE is the acronym for the Exchange’s therein by an Exchange market maker or over-the- and does not allow orders to be crossed or executed
Automated Communication and Execution System, counter (‘‘OTC’’) market maker, and permits such against directly by participants outside of such
which is the Exchange’s order routing, delivery, orders to be executed against in whole or in part; times; or, any system operated by or on behalf of
execution and reporting system for its equity except that the term ECN shall not include: any an OTC market-maker or exchange market-maker
trading floor. See Exchange Rules 229 and 229A. system that crosses multiple orders at one or more that executes customer orders primarily against the
4 ECNs shall mean any electronic system that specified times at a specified price set by the ECN, account of such market maker as principal, other
widely disseminates to third parties orders entered algorithm, or by any derivative pricing mechanism than riskless principal.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17981

Net Inbound ITS Credit (also applicable to transactions in Nasdaq-100 Index Tracking Stock SM) 5
$0.30 per 100 shares on the excess, if any, of the number of inbound ITS shares executed over the number of outbound ITS shares
sent and executed on a monthly basis.
See Appendix A for additional fees.
I denotes fee eligible for monthly credit of up to $1,000.
* Not applicable to transactions in Nasdaq-100 Index Tracking StockSM (see next page for fees).
E ECNs shall mean any electronic system that widely disseminates to third parties orders entered therein by an Exchange market maker or
over-the-counter (‘‘OTC’’) market maker, and permits such orders to be executed against in whole or in part; except that the term ECN shall
not include: Any system that crosses multiple orders at one or more specified times at a specified price set by the ECN, algorithm, or by
any derivative pricing mechanism and does not allow orders to be crossed or executed against directly by participants outside of such
times; or, any system operated by or on behalf of an OTC market-maker or exchange market-maker that executes customer orders primarily
against the account of such market maker as principal, other than riskless principal.
Any fees, credits, discounts and other charges in the Exchange’s fee schedule which are based upon an equity specialist’s specialist activ-
ity apply to competing specialists.
** ‘‘Standard & Poor’s,’’ ‘‘S&’’,‘‘S&P 500’’, ‘‘Standard & Poor’s 500’’, and ‘‘500’’ are trademarks of The McGraw-Hill Companies, Inc.,
and have been licensed for use by the Philadelphia Stock Exchange, Inc., in connection with the listing and trading of SPDRs, on the Phlx.
These products are not sponsored, sold or endorsed by S&P, a division of The McGraw-Hill Companies, Inc., and S&P makes no representa-
tion regarding the advisability of investing SPDRs.
** Dow Jones, ‘‘The DowSM,’’ ‘‘Dow 30SM,’’ ‘‘Dow Jones Industrial AverageSM,’’ ‘‘Dow Jones IndustrialsSM,’’ ‘‘DJIASM,’’ ‘‘DIAMONDS’’ and
‘‘The Market’s Measure’’ are trademarks of Dow Jones & Company, Inc. (‘‘Dow Jones’’) and have been licensed for use for certain pur-
poses by the Philadelphia Stock Exchange, Inc., pursuant to a License Agreement with Dow Jones. The DIAMONDS Trust, based on the
DJIA, is not sponsored, endorsed, sold or promoted by Dow Jones, and Dow Jones makes no representation regarding the advisability of in-
vesting in the DIAMONDS Trust.
1 However, this charge applies where an order, after being delivered to the Exchange by the PACE system is executed by the specialist by
way of an outbound commitment, when such outbound ITS commitment reflects the PACE order’s clearing information, but does not apply
where a PACE trade was executed against an inbound ITS commitment.
2 This charge does not apply to transactions in Nasdaq-100 Index Tracking StockSM [and] SPDRs and DIAMONDS.
3 Applies to each member who derives at least 80% of gross income generated from Phlx floor based activities from his/her floor broker-
age business conducted on the Exchange. Floor brokerage business conducted on the Exchange includes orders that are received on the
Phlx, even if those orders are executed on an exchange other than the Phlx. The 5% floor brokerage assessment is waived until Dec. 31,
2003 and is scheduled to be reinstated Jan. 1, 2004.
4 This fee will only apply when the specialist sends an order received over PACE to ITS and receives an execution, if the specialist used
the PACE customer’s clearing information on the outbound ITS commitment.
5 This credit will include all inbound and outbound ITS executions, including both PACE and non-PACE and both proprietary and cus-
tomer commitments.

* * * * * 2. Statutory Basis B. Self-Regulatory Organization’s


The Exchange believes that the Statement on Burden on Competition
II. Self-Regulatory Organization’s
Statement of the Purpose of, and proposed rule change is consistent with The Exchange does not believe that
Statutory Basis for, the Proposed Rule Section 6(b) of the Act,8 in general, and the proposed rule change will impose
Change furthers the objectives of Section 6(b)(4) any inappropriate burden on
of the Act,9 in particular, in that it is an competition.
In its filing with the Commission, the equitable allocation of reasonable dues, C. Self-Regulatory Organization’s
Exchange included statements fees, and other charges among Exchange Statement on Comments on the
concerning the purpose of and basis for members. The Exchange believes that Proposed Rule Change Received From
the proposed rule change and discussed charging members that trade these Members, Participants or Others
any comments it received on the products a licensing fee is an equitable
means of recovering a portion of the No written comments were either
proposed rule change. The text of these solicited or received.
statements may be examined at the licensing fees incurred by the
places specified in Item III below. The Exchange.10 III. Date of Effectiveness of the
Exchange has prepared summaries, set Proposed Rule Change and Timing for
forth in sections A, B, and C below, of
5 Dow Jones, ‘‘The DowSM,’’ ‘‘Dow 30SM,’’ ‘‘Dow
Commission Action
Jones Industrial AverageSM,’’ ‘‘Dow Jones
the most significant aspects of such IndustrialsSM,’’ ‘‘DJIASM,’’ ‘‘DIAMONDS’’ and The foregoing rule change establishes
statements. ‘‘The Market’s Measure’’ are trademarks of Dow or changes a due, fee, or charge imposed
Jones & Company, Inc. (‘‘Dow Jones’’) and have by the Exchange and, therefore, has
A. Self-Regulatory Organization’s been licensed for use for certain purposes by the
become effective upon filing pursuant to
Statement of the Purpose of, and Philadelphia Stock Exchange, Inc., pursuant to a
License Agreement with Dow Jones. The Section 19(b)(3)(A)(ii) of the Act 11 and
Statutory Basis for, the Proposed Rule DIAMONDS Trust, based on the DJIA, is not Rule 19b–4(f)(2) thereunder.12 At any
Change sponsored, endorsed, sold or promoted by Dow
Jones, and Dow Jones makes no representation 9 15 U.S.C. 78f(b)(4).
1. Purpose regarding the advisability of investing in the 10 With regard to the distinction between
DIAMONDS Trust.
Customer PACE and Non-PACE license fees, the
The purpose of the proposed rule 6 These charges may include equity transaction
Exchange states that it is consistent with its current
change is to adopt a license fee that will charges, an equity floor brokerage assessment, an practice to not impose customer charges for equity
equity floor brokerage transaction fee, an off- transactions delivered through PACE, but to impose
apply to trading DIAMONDS on the Exchange trade information fee, an SEC fee, a customer charges for Non-PACE executions. See,
Exchange. The Exchange recently remote information access fee, an Electronic e.g., Securities Exchange Act Release Nos. 47385
determined to begin trading Communications Network fee, an outbound Inter- (February 20, 2003), 68 FR 10295 (March 4, 2003)
Market Trading System (‘‘ITS’’) fee and a net (SR–Phlx–2003–06); 44381 (June 1, 2001), 66 FR
DIAMONDS. The license fees should inbound ITS credit. Additionally, the PACE 31264 (June 11, 2001) (SR–Phlx–2001–57); and
help off-set licensing fees incurred by Specialist charge does not apply because specialists 43776 (December 28, 2000), 66 FR 1166 (January 5,
the Exchange associated with the are not eligible for further PACE volume discounts. 2001) (SR–Phlx–2000–103). Also, consistent with
trading of these products on the See Securities Exchange Act No. 44259 (May 4, its current practice, the Exchange charges customer
2001), 66 FR 23962 (May 10, 2001) (SR–Phlx–2001– transaction fees and specialist transaction fees at
Exchange. 41). different rates. See, e.g., Securities Exchange Act
7 The license fees will not be eligible for the Continued

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17982 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

time within 60 days of the filing of the damages caused by a severe winter Average Hours Per Response: 1 hour.
proposed rule change, the Commission storm, record snow, heavy rains, Total Estimated Burden: 100,000
may summarily abrogate such rule flooding and landslides occurring on hours per year.
change if it appears to the Commission February 16, 2003, and continuing Public comments are being solicited
that such action is necessary or through March 28, 2003. to permit the agency to:
appropriate in the public interest, for In addition, applications for economic • Evaluate whether the proposed
the protection of investors, or otherwise injury loans from small businesses information collection is necessary for
in furtherance of the purpose of the Act. located in the contiguous counties of the proper performance of the functions
Doddridge, Marion, Taylor and Wetzel of the agency.
IV. Solicitation of Comments in the State of West Virginia; and Craig • Evaluate the accuracy of the
Interested persons are invited to County in the Commonwealth of agency’s estimate of the burden of the
submit written data, views, and Virginia may be filed until the specified proposed collection, including the
arguments concerning the foregoing, date at the previously designated validity of the methodology and
including whether the proposed rule location. All other counties contiguous assumptions used.
change is consistent with the Act. to the above named primary county • Enhance the quality, utility, and
Persons making written submissions have been previously declared. clarity of the information to be
should file six copies thereof with the All other information remains the collected.
Secretary, Securities and Exchange same, i.e., the deadline for filing • Minimize the reporting burden on
Commission, 450 Fifth Street, NW., applications for physical damage is May those who are to respond, including
Washington, DC 20549–0609. Copies of 13, 2003, and for economic injury the through the use of automated collection
the submission, all subsequent deadline is December 15, 2003. techniques or other forms of technology.
amendments, all written statements (Catalog of Federal Domestic Assistance For Additional Information: Public
with respect to the proposed rule Program Nos. 59002 and 59008). comments, or requests for additional
change that are filed with the Dated: April 7, 2003. information regarding the collection
Commission, and all written Herbert L. Mitchell, listed in this notice should be directed
communications relating to the to Brendan Mullarkey of the Office of
Associate Administrator for Disaster
proposed rule change between the Assistance. Visa Services, U.S. Department of State,
Commission and any person, other than 2401 E St., NW., RM L–703,
[FR Doc. 03–9056 Filed 4–11–03; 8:45 am]
those that may be withheld from the Washington, DC 20520, who may be
BILLING CODE 8025–01–P
public in accordance with the reached at 202–663–1163.
provisions of 5 U.S.C. 552, will be
Dated: March 24, 2003.
available for inspection and copying at
DEPARTMENT OF STATE Janice L. Jacobs,
the Commission’s Public Reference
Room. Copies of such filing will also be Deputy Assistant Secretary of State for Visa
Office of Visa Services Services, Bureau of Consular Affairs,
available for inspection and copying at
Department of State.
the principal office of the Exchange. All [Public Notice 4333]
[FR Doc. 03–9053 Filed 4–11–03; 8:45 am]
submissions should refer to File No.
SR–Phlx–2003–20 and should be 60-Day Notice of Proposed Information BILLING CODE 4710–06–P

submitted by May 5, 2003. Collection: Form DS–3052,


Nonimmigrant V Visa Application;
For the Commission, by the Division of DEPARTMENT OF STATE
OMB Control Number 1405–0128
Market Regulation, pursuant to delegated
authority.13 AGENCY: Department of State. Office of Recruitment, Examinations
Margaret H. McFarland, ACTION: Notice. and Employment (HR/REE)
Deputy Secretary.
[FR Doc. 03–9035 Filed 4–11–03; 8:45 am] SUMMARY: The Department of State is [Public Notice 4334]
seeking Office of Management and
BILLING CODE 8010–01–P
Budget (OMB) approval for the 60-Day Notice of Proposed Information
information collection described below. Collection: Form DS–1998, Department
The purpose of this notice is to allow 60 of State Registration Form; OMB
SMALL BUSINESS ADMINISTRATION days for public comment in the Federal Control Number 1405–0008
[Declaration of Disaster #3483] Register preceding submission to OMB. AGENCY: Department of State.
This process is conducted in accordance
State of West Virginia; Amendment # 2 with the Paperwork Reduction Act of ACTION: Notice.
In accordance with a notice received 1995. SUMMARY: The Department of State is
from the Department of Homeland The following summarizes the seeking Office of Management and
Security—Federal Emergency information collection proposal to be Budget (OMB) approval for the
Management Agency, effective April 4, submitted to OMB: information collection described below.
Type of Request: Extension of
2003, the above numbered declaration is The purpose of this notice is to allow 60
currently approved collection.
hereby amended to include Braxton, Originating Office: Bureau of Consular days for public comment in the Federal
Harrison, Lewis, Logan, Monroe and Affairs, Department of State (CA/VO). Register preceding submission to OMB.
Putnam Counties in the State of West Title of Information Collection: The process is conducted in accordance
Virginia as disaster areas due to Nonimmigrant V Visa Application. with the Paperwork Reduction Act of
Frequency: Once per respondent. 1995.
Form Number: DS–3052. The following summarizes the
Respondents: Nonimmigrant visa information collection proposal
applicants applying for a V visa. submitted to OMB:
Estimated Number of Respondents: Type of Request: Continuation of a
100,000 per year. currently approved collection.

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17983

Originating Office: Bureau of Human rights, press freedoms, women’s more immediate outcomes may receive
Resources (HR/REE). political development and the rule of preference.
Title of Information Collection: law in countries with a significant • Projects must take place in-country
Registration for the Foreign Service Muslim population in the Middle East or in a third country. U.S.-based or
Written Examination. and North Africa, and where such exchange projects are discouraged.
Frequency: Annually. programs and activities would be • Projects that have a strong academic
Form Number: DS–1998. important to United States efforts to or research focus will not be highly
Respondents: Registrants for the respond to, deter, or prevent acts of considered. DRL will not fund health,
Foreign Service Officer Written international terrorism. technology, environmental, or scientific
Examination. Awards are contingent upon the projects unless they have an explicit
Estimated Number of Respondents: availability of funds. Funding may be democracy, human rights, or rule of law
27,585 per year. available at a level of up to $4,000,000 component. Conferences likewise will
Average Hours Per Response: 20 under the Economic Support Funds not be highly considered.
minutes. through the Bureau’s Human Rights and • Projects should include a follow-on
Total Estimated Burden: 9,195 hrs. Democracy Fund (HRDF) for projects plan that extends beyond the grant
Public Comments are being solicited that address Bureau objectives in period ensuring that Bureau-supported
to permit the agency to: predominantly Muslim countries in this programs are not isolated events.
• Evaluate whether the proposed region. The Bureau anticipates awarding In order to avoid the duplication of
information collection is necessary for between 4–10 grants in amounts of activities and programs, proposals
the proper performance of the functions $250,000–$1,000,000. should also indicate knowledge of
of the agency. Background: The Human Rights and similar projects being conducted in the
• Evaluate the accuracy of the Democracy Fund (HRDF) supports region and how the submitted proposal
agency’s estimate of the burden of the innovative, cutting-edge programs will complement them.
proposed collection, including the which uphold democratic principles, Applicant/Organization Criteria
validity of the methodology and support and strengthen democratic
assumptions used. Organizations applying for a grant
institutions, promote human rights, and
• Enhance the quality, utility, and build civil society in countries and
should meet the following criteria:
clarity of the information to be • Be a U.S. public or private non-
regions of the world that are geo- profit organization meeting the
collected. strategically important to the U.S. HRDF
• Minimize the reporting burden on provisions described in Internal
funds projects that have an immediate Revenue Code section 26 U.S.C.
those who are to respond, including impact but that have potential for
through the use of automated collection 501(c)(3).
continued funding beyond HRDF • Have demonstrated experience
techniques or other forms of technology. resources. HRDF projects must not administering successful projects in the
FOR ADDITIONAL INFORMATION: Public duplicate or simply add to efforts by region in which it is proposing to
comments, or requests for additional other entities. administer a project.
information, regarding the collection • Have existing, or the capacity to
listed in this notice should be directed Additional Information
develop, active partnerships with in-
to Beatrice E. Smotherman, Bureau Of Proposed programs must address at country organization(s).
Human Resources, Examination least one of the following specific
Division, Foreign Service Written themes and priority countries. Regional Note: Organizations are welcome to submit
Examination, U.S. Department of State, more than one proposal, but should know
programs that include priority countries that DRL wishes to reach out to as many
Washington, DC 20522, who may be are also welcome: different organizations as possible with its
reached at (202) 261–8883. (1) Support to civil society, with limited funds.
Dated: February 28, 2003. emphasis on political actors and
Ruben Torres, advocacy groups that involve women: Budget Guidelines
Executive Director, Bureau of Human Egypt, Jordan, Bahrain, Algeria, Oman, Please refer to the Proposal
Resourses, Department of State. Saudi Arabia, Qatar, Iran. Submission Instructions for complete
[FR Doc. 03–9054 Filed 4–11–03; 8:45 am] (2) Access to information through budget guidelines and formatting
BILLING CODE 4710–15–P
freedom of the press, freedom of speech, instructions.
and enhanced public awareness of
human rights and democracy issues: Deadline for Proposals
DEPARTMENT OF STATE Saudi Arabia, Egypt, Jordan, Morocco, All proposals must be received at the
Tunisia. Bureau of Democracy, Human Rights
[Public Notice 4336] (3) Elections: strengthening and Labor by 5 p.m. Eastern Standard
Bureau of Democracy, Human Rights institutional capacity, training political Time (EST) on Wednesday, May 14,
and Labor Request for Grant parties, NGOs and newly elected 2003. Please refer to the PSI for specific
Proposals: Human Rights and officials, raising civic awareness: Qatar, delivery instructions.
Democratization Initiatives in the Oman, Bahrain, Jordan, Morocco.
(4) Rule of law with emphasis on civil Review Process
Middle East and North Africa
liberties, governmental accountability, The Bureau will acknowledge receipt
SUMMARY: The Office for the Promotion and administration of justice: Egypt, of all proposals and will review them
of Human Rights and Democracy of the Jordan, Morocco, Tunisia. for eligibility. Proposals will be deemed
Bureau of Democracy, Human Rights ineligible if they do not fully adhere to
Project Criteria
and Labor (DRL) announces an open the guidelines stated herein and in the
competition for one or more assistance • Project implementation should PSI. Eligible proposals will be subject to
awards. Organizations may submit grant begin no earlier than late summer 2003. compliance with Federal and Bureau
proposals that address programs and • Projects should not exceed two regulations and guidelines and
activities that foster democracy, human years in duration. Shorter projects with forwarded to Bureau grant panels for

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17984 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

advisory review. Proposals may also be Congress, allocated and committed DEPARTMENT OF TRANSPORTATION
reviewed by the Office of the Legal through internal Bureau procedures.
Adviser or by other Department Surface Transportation Board
Dated: April 7, 2003.
elements. [STB Finance Docket No. 34327]
Lorne W. Craner,
Final technical authority for
assistance awards resides with the Assistant Secretary for Democracy, Human Richard J. Corman—Continuance in
Office of Acquisition Management’s Rights and Labor, Department of State. Control Exemption—R.J. Corman
Grants Officer. [FR Doc. 03–9055 Filed 4–11–03; 8:45 am] Railroad Company/Central Kentucky
BILLING CODE 4710–18–P Lines
Review Criteria
Eligible applications will be Richard J. Corman (Corman), a
competitively reviewed according to the DEPARTMENT OF STATE noncarrier individual, has filed a
criteria stated below. Fuller explanation verified notice of exemption to continue
of these criteria are included in the PSI. in control of R.J. Corman Railroad
[Public Notice 4302]
These criteria are not rank ordered and Company/Central Kentucky Lines
(RJCC), upon RJCC’s becoming a Class
all carry equal weight in the proposal Advisory Commission on Public
III rail carrier.
evaluation: quality of the program idea; Diplomacy Notice of Meeting Corman reported that the parties
program planning and ability to achieve intended to consummate the transaction
program objectives; multiplier effect/ The Department of State announces a
on or soon after March 28, 2003, the
impact; institution’s record/ability/ meeting of the U.S. Advisory effective date of the exemption (7 days
capacity; cost-effectiveness. Commission on Public Diplomacy on after the exemption was filed).
FOR FURTHER INFORMATION, CONTACT: The Tuesday, April 29, 2003, in Room 600, This transaction is related to two
Office for the Promotion of Human 301 4th St., SW., Washington, DC from simultaneously filed notices of
Rights and Democracy of the Bureau of 9 a.m. to 11 a.m. exemption: STB Finance Docket No.
Democracy, Human Rights and Labor, The Commission, reauthorized 34325, R.J. Corman Equipment
DRL/PHD. Please specify Sondra pursuant to Pub. L. 106–113 (H.R. 3194, Company, LLC-Acquisition Exemption-
Govatski (202)–647–9734 on all Consolidated Appropriations Act, 2000), Line of Lexington & Ohio Railroad Co.,
inquiries and correspondence. will have a retrospective discussion Inc., wherein R.J. Corman Equipment
Please read the complete Federal about the viewpoints Commissioners Company, LLC (RJCE) seeks to acquire
Register announcement before sending developed on public diplomacy during approximately 14.9 miles of rail line
inquiries or submitting proposals. Once their terms in office. from the Lexington & Ohio Railroad Co.,
the RFP deadline has passed, Bureau Inc.; and STB Finance Docket No.
staff may not discuss this competition Members of the general public may 34326, R.J. Corman Railroad Company/
with applicants until the proposal attend the meeting, though attendance Central Kentucky Lines-Lease and
review process has been completed. of public members will be limited to the Operation Exemption—Line of R. J.
seating available. Access to the building Corman Equipment Company, LLC,
To Download A Solicitation Package is controlled, and individual building
Via Internet wherein R.J. Corman Railroad
passes are required for all attendees. Company/Central Kentucky Lines seeks
The Solicitation Package includes this The U.S. Advisory Commission on to lease and operate the rail line being
RFP plus the Proposal Submission Public Diplomacy is a bipartisan acquired by RJCE in STB Finance
Instructions (PSI) which contains Presidentially appointed panel created Docket No. 34325.
detailed award criteria, specific budget by Congress in 1948 to provide Corman controls through stock
instructions, and standard guidelines for oversight of U.S. Government activities ownership eight Class III rail carriers:
proposal preparation. The entire RFP intended to understand, inform and R.J. Corman Railroad Company/
and PSI may be downloaded from the influence foreign publics. The Pennsylvania Lines, Inc., operating in
Bureau’s Web site at http:// Commission reports its findings and Pennsylvania; R.J. Corman Railroad
www.state.gov/g/drl/. recommendations to the President, the Company/Memphis Line, operating in
Congress and the Secretary of State and Tennessee and Kentucky; R.J. Corman
Notice
the American people. Current Railroad Company/Western Ohio Line,
The terms and conditions published operating in Ohio; R.J. Corman Railroad
in this RFP are binding and may not be Commission members include Harold
Company/Cleveland Line operating in
modified by any Bureau representative. Pachios of Maine, who is the chairman;
Ohio; R.J. Corman Railroad Company/
Explanatory information provided by Charles Dolan of Virginia, who is the
Bardstown Line, operating in Kentucky;
the Bureau that contradicts published vice chairman; Lewis Manilow of R.J. Corman Railroad Company/
language will not be binding. Issuance Illinois; Penne Korth Peacock of Allentown Lines, Inc., operating in
of the RFP does not constitute an award Washington, DC and Maria Elena Pennsylvania and New York; Clearfield
commitment on the part of the Torano of Florida. and Mahoning Railway Company,
Government. The Bureau reserves the For more information or to attend the operating in Pennsylvania; and R.J.
right to reduce, revise, or increase meeting, please contact Matt Lauer at Corman Equipment Company, LLC, a
proposal budgets in accordance with the (202) 619–4457. nonoperating common carrier which
needs of the program and the owns and leases track in Kentucky and
Dated: April 9, 2003.
availability of funds. Awards made will Ohio.
be subject to periodic reporting and Matthew Lauer, Corman states that the rail line to be
evaluation requirements. Executive Director, U.S. Advisory leased and operated by RJCC will not
Commission on Public Diplomacy, connect with the rail lines of any
Notification Department of State. existing rail carrier in the Corman
Final awards cannot be made until [FR Doc. 03–9052 Filed 4–11–03; 8:45 am] corporate family, this control
funds have been appropriated by BILLING CODE 4710–11–P transaction is not part of a series of

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Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices 17985

anticipated transactions that would Counties, KY. RJCE certifies that its LL in Lexington, KY, and approximately
result in such a connection, and this projected revenues as a result of this 9.0 LL in Versailles, KY, in Fayette and
control transaction does not involve a transaction will not result in the Woodford Counties, KY. RJCC certifies
Class I carrier. Therefore, the transaction creation of a Class I or Class II rail that the projected revenues as a result of
is exempt from the prior approval of carrier. this transaction will not result in the
requirements of 49 U.S.C. 11323. See 49 RJCE reported that the parties creation of a Class I or Class II rail
CFR 1180.2(d)(2). intended to consummate the transaction carrier.
Under 49 U.S.C. 10502(g), the Board on or soon after March 28, 2003, the RJCC reported that the parties
may not use its exemption authority to effective of the exemption (7 days after intended to consummate the transaction
relieve a rail carrier of its statutory the exemption was filed). on or soon after March 28, 2003, the
obligation to protect the interests of its This transaction is related to a effective date of the exemption (7 days
employees. Section 11326(c), however, simultaneously filed verified notice of after the exemption was filed).
does not provide for labor protection for exemption in STB Finance Docket No. This transaction is related to two
transactions under sections 11324 and 34326, R.J. Corman Railroad Company/ simultaneously filed notices of
11325 that involve only Class III rail Central Kentucky Lines—Lease and exemption: STB Finance Docket No.
carriers. Because this transaction Operation Exemption—Line of R.J. 34325, R.J. Corman Equipment, LLC—
involves Class III rail carriers only, the Corman Equipment Company, LLC, Acquisition Exemption—Line of
Board, under the statute, may not wherein R.J. Corman Railroad Lexington & Ohio Railroad Co., Inc.,
impose labor protective conditions for Company/Central Kentucky Lines seeks wherein RJCE seeks to acquire the same
this transaction. to lease and operate the line being 14.9 miles of rail line involved in the
If the verified notice contains false or acquired by RJCE here. instant notice from Lexington & Ohio
misleading information, the exemption If the notice contains false or Railroad Co., Inc.; and STB Finance
is void ab initio. Petitions to revoke the misleading information, the exemption Docket No. 34327, R.J. Corman—
exemption under 49 U.S.C. 10502(d) is void ab initio. Petitions to revoke the Continuance in Control Exemption—R.J.
may be filed at any time. The filing of exemption under 49 U.S.C. 10502(d) Corman Railroad Company/Central
a petition to revoke will not may be filed at any time. The filing of Kentucky Lines, wherein Richard J.
automatically stay the transaction. a petition to revoke will not Corman seeks to continue in control of
An original and 10 copies of all automatically stay the transaction. RJCC upon RJCC’s becoming a Class III
pleadings referring to STB Finance An original and 10 copies of all rail carrier pursuant to this notice.
Docket No. 34327, must be filed with pleadings, referring to STB Finance If the notice contains false or
the Surface Transportation Board, 1925 Docket No. 34325, must be filed with misleading information, the exemption
K Street, NW., Washington, DC 20423– the Surface Transportation Board, 1925 is void ab initio. Petitions to revoke the
0001. In addition, a copy of each K Street, NW., Washington, DC 20423– exemption under 49 U.S.C. 10502(d)
pleading must be served on Edward J. 0001. In addition, one copy of each may be filed at any time. The filing of
Fishman, Kirkpatrick & Lockhart LLP, pleading must be served on Edward J. a petition to revoke will not
1800 Massachusetts Avenue—2nd Fishman, Kirkpatrick & Lockhart LLP, automatically stay the transaction.
Floor, Washington, DC 20036. 1800 Massachusetts Avenue—2nd An original and 10 copies of all
Board decisions and notices are Floor, Washington, DC 20036. pleadings, referring to STB Finance
available on our Web site at http:// Board decisions and notices are Docket No. 34326, must be filed with
www.stb.dot.gov. available on our Web site at http:// the Surface Transportation Board, 1925
www.stb.dot.gov. K Street, NW., Washington, DC 20423–
Decided: April 4, 2003. 0001. In addition, one copy of each
By the Board, David M. Konschnik, Decided: April 4, 2003. pleading must be served on Edward J.
Director, Office of Proceedings. By the Board, David M. Konschnik, Fishman, Kirkpatrick & Lockhart LLP,
Vernon A. Williams, Director, Office of Proceedings. 1800 Massachusetts Avenue—2nd
Secretary. Vernon A. Williams, Floor, Washington, DC 20036.
[FR Doc. 03–8925 Filed 4–11–03; 8:45 am] Secretary. Board decisions and notices are
BILLING CODE 4915–00–P [FR Doc. 03–8924 Filed 4–11–03; 8:45 am] available on our Web site at http://
BILLING CODE 4915–00–P www.stb.dot.gov.
Decided: April 4, 2003.
DEPARTMENT OF TRANSPORTATION By the Board, David M. Konschnik,
DEPARTMENT OF TRANSPORTATION Director, Office of Proceedings.
Surface Transportation Board
Vernon A. Williams,
Surface Transportation Board
[STB Finance Docket No. 34325] Secretary.
[STB Finance Docket No. 34326] [FR Doc. 03–8927 Filed 4–11–03; 8:45 am]
R.J. Corman Equipment Company,
BILLING CODE 4915–00–P
LLC—Acquisition Exemption—Line of R.J. Corman Railroad Company/
Lexington & Ohio Railroad Co., Inc. Central Kentucky Lines—Lease and
Operation Exemption—Line of R.J.
R.J. Corman Equipment Company, DEPARTMENT OF THE TREASURY
Corman Equipment Company, LLC
LLC (RJCE), a Class III rail carrier, has
filed a verified notice of exemption R.J. Corman Railroad Company/ Office of the Secretary
under 49 CFR 1150.41 to acquire Central Kentucky Lines (RJCC), a
List of Countries Requiring
approximately 14.9 miles of rail line noncarrier, has filed a verified notice of
Cooperation With an International
from the Lexington & Ohio Railroad Co., exemption under 49 CFR 1150.31 to
Boycott
Inc. located between approximately lease and operate approximately 14.9
milepost 23.9 LL in Lexington, KY, and miles of rail line from R.J. Corman In order to comply with the mandate
approximately milepost 9.0 LL in Equipment Company, LLC (RJCE) of section 999(a)(3) of the Internal
Versailles, KY, in Fayette and Woodford between approximately milepost 23.9 Revenue Code of 1986, the Department

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17986 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Notices

of the Treasury is publishing a current cooperation with, an international Saudi Arabia


list of countries which may require boycott (within the meaning of section Syria
participation in, or cooperation with, an 999(b)(3) of the Internal Revenue Code
of 1986). United Arab Emirates
international boycott (within the
meaning of section 999(b)(3) of the Bahrain Yemen, Republic of
Internal Review Code of 1986). Iraq Dated: April 3, 2003.
Kuwait Barbara Angus,
On the basis of the best information Lebanon
currently available to the Department of Libya International Tax Counsel (Tax Policy).
the Treasury, the following countries Oman [FR Doc. 03–8992 Filed 4–11–03; 8:45 am]
may require participation in, or Qatar BILLING CODE 4810–25–M

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